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 Request for Proposals Pursuant to the Texas Agriculture Code, sec.12.002, and sec.12.007 and the General Appropriations Act, Acts 1995, 74th Legislature, Regular Session, Chapter 1063, at 5821-5826, the Texas Department of Agriculture (the department) is authorized to contract with producer organizations to provide statewide integrated pest management (IPM) programs. The department has entered into a cooperative agreement with Texas Pest Management Association (the association) to administer the department's IPM grant program. The association, through the department, hereby requests proposals for projects for the period from January 1, 1998, through December 31, 1998, that use and expand the use of integrated pest management in agriculture. A total of $170,000 will be awarded, with no more than $15,000 being awarded per grantee. The proposed projects should be for research that relates to IPM development, the demonstration of IPM principles and technology, the establishment of educational programs to expand the use of biologically intensive IPM, and the implementation of and carrying out of biologically intensive IPM programs for farmer/rancher groups. Proposals must be submitted by non-profit producer, educational, or research organizations involved in integrated pest management programs. Joint efforts between public and private entities are encouraged. Proposals involving research other than IPM implementation research and proposals for chemical pesticides efficacy testing are not eligible for grant funds. Preference will be given to: proposals that emphasize the final development of new, previously untested technologies; proposals that compare different IPM strategies; proposals that implement new IPM tactics, strategies or components of IPM systems; proposals that seek implementation of IPM practices in Texas counties where such practices have not been used; proposals which demonstrate economic benefits for Texas; proposals which implement IPM in non-traditional commodities. Each proposal must include the following: a project summary and rationale/justification, the name, address, and phone number of the principal investigator, project objectives, project work plan, description of the anticipated impact on agriculture, and a detailed project budget. The entire proposal may not exceed six pages, including attachments. Please include any matching funding that the project has or has applied for this project. Please send one original proposal with ten additional copies. All approved projects must be completed by December 31, 1998. Upon completion of the project, a project report will be due within four weeks. The quality of this report may be used to evaluate further funding requests. All awards will be subject to audit. Proposals should be submitted to Mike Wallace, Executive Director, Texas Pest Management Association, 8000 Centre Park Drive, Suite 390, Austin, Texas 78754. Mr. Wallace may be contacted by phone at (512) 834-8762 or by fax at (512) 339- 6302 for additional information about preparing the proposal. Proposals must be received no later than 5:00 p.m., November 24, 1997. All proposals will be evaluated by a proposal review committee made up of persons knowledgeable in IPM programs and practices, both scientists and non- scientists. Proposals will be evaluated based on the requirements set forth above. The announcement of the grant awards will be made by December 20, 1997. Issued in Austin, Texas, on September 29, 1997. TRD-9712888 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Filed: September 29, 1997 Texas Commission for the Blind Request for Proposal Pat D. Westbrook, Executive Director of the Texas Commission for the Blind, announces the availability of funds for contracting with external entities (organizations or individuals) to provide outreach, identification and referral of potentially eligible consumers of vocational rehabilitation services, information and referral, and to facilitate the delivery of vocational rehabilitation services to migratory agricultural and seasonal farmworkers who are blind or severely visually impaired and interested in maintaining or seeking employment. Provider(s) are being sought to address unmet needs in the Harlingen area: Cameron, Willacy, Starr and Hidalgo Counties. The Commission's primary objective is to increase the use of vocational rehabilitation services that enable migratory agricultural or seasonal farmworkers who are blind or severely visually impaired to maintain or seek employment. Services will be provided in coordination with Commission staff, who will retain responsibility for eligibility decisions, service plan development, use of agency funds, and coordination of services, including acquisition of adaptive devices. Providers will network with existing farmworker service agencies, travel to farmworker communities and identify potential recipients of vocational rehabilitation services. Providers will establish relationships with farmworker communities to coordinate and facilitate services such as: -- Initial vision screening to determine potential eligibility for vocational rehabilitation service. -- Vision screening and related diagnostics resulting in medical diagnosis of the visual disability related to employment. -- Diabetes screening and related services for the consumer and family members. -- Coordination of or providing transportation related to screening and vocational rehabilitation services. -- Coordination with the consumer and vocational rehabilitation staff to assure that the consumer understands what services are available and being provided. Providers will also assist consumers with information and referral needs, such as housing, nutrition, general health (diabetes management), transportation, and financial matters. Additional preference will be given to providers who can provide the following services: -- Vision services, including counseling and guidance, low vision referral and follow-up, assistance in coordination of restoration services, and arranging diagnostic and evaluation services. -- Related services, including recommending adaptive aids, advocacy, and transportation. Service providers must be individuals (who may or may not be part of an organization) with demonstrated skills in providing case management services, preferably with experience in "hands-on" services to persons who are migratory or seasonal farmworkers or who have been migratory or seasonal farmworkers within three years of the onset of visual losses. Other requirements include a college degree and good oral and writing skills. Fluency in the language of the migrant/farmworker community is required. TARGETED POPULATION. Consumers to be served by providers are persons who are totally blind or severely visually impaired who are or were engaged in migratory agricultural or seasonal farmwork within three years of the onset of their visual condition and who potentially meet the basic requirements for receiving services from the Commission's Vocational Rehabilitation Program. PERIOD COVERED BY CONTRACTS. It is estimated that services will begin in December 1997 after contracts are awarded. Contracts will run through the state fiscal year that ends August 31, 1999. WHO IS ELIGIBLE TO APPLY. Organizations and individuals that can provide outreach and related services to migratory and seasonal farmworkers and their family members may apply. APPLICATION PROCEDURES. All applications must be postmarked no later than November 17, 1997. Submit applications to Charles Burtis, Program Specialist, Texas Commission for the Blind, 4800 N. Lamar, Suite 220, Austin, Texas 78756, with a narrative no longer than five typed pages that describes: (1) individual or organization applying; (2) proposed geographic coverage; (3) proposed number of hours available per week; (4) quality and extent of services to be provided (list service categories offered); (5) experience in providing services to the migrant/farmworker community (cite recipient population and mode of delivery); (6) qualifications of each person who will provide this service (each person, even if associated with an organization, will be evaluated); (7) additional information about the person or organization and past achievements in serving consumers who are visually impaired or blind; (8) three letters of reference from individuals served by the applicant; and (9) a listing of agreements with other state agencies. INQUIRIES: To facilitate the process, interested parties are urged to contact the Texas Commission for the Blind with related questions prior to drafting proposals. Inquiries should be directed to Charles Burtis at (512) 459-2589. REIMBURSEMENT AND METHOD OF PAYMENT: Services will be reimbursed at an hourly rate of $20 per hour for time spent directly with consumers and conferring with the Texas Commission for the Blind vocational rehabilitation staff. Travel time will be reimbursed at $10 per hour. Travel costs will be reimbursed following State of Texas guidelines. The service provider will be responsible for all transportation arrangements. Each provider will submit a monthly statement containing a detailed listing of provided services and copies of reports documenting contacts with consumers. The Commission with share report formats with the providers. Upon Commission approval of the submissions, payment shall be made by State warrant. REVIEW CRITERIA: Applications for the designated area will be reviewed by a panel consisting of a Commission regional director, the vocational rehabilitation coordinator, and a central office liaison. Respondents meeting minimum criteria will be scheduled for a presentation. The presentation must include an oral synopsis of the application. Reviewers will use the following criteria to evaluate the applications: (1) The application addresses the explicit purpose cited in this notice. (2) The applicant addresses expertise with the subject matter. (3) The applicant provides evidence of their professional and organizational capacity to achieve the objectives in a timely manner. (4) The applicant agrees to provide services to the consumer at the consumer's residence. (5) The applicant agrees to meet with the vocational rehabilitation staff for an initial orientation to this project and on an as-needed basis. (6) The applicant agrees to observations by the vocational rehabilitation staff to review outreach techniques and to assure quality of services. (7) The applicant agrees to submit reports with required content within 30 days of service provision. Additional Factors: Preference will be given to applicants exhibiting: -- the widest array of services; -- the greatest availability for geographic coverage within the area or areas cited as needing coverage; and -- experience in addition to demonstrated knowledge. Issued in Austin, Texas, on September 24, 1997. TRD-9712737 Pat D. Westbrook Executive Director Texas Commission for the Blind Filed: September 25, 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 projects(s) during the period of September 18, 1997, through September 23, 1997: FEDERAL AGENCY ACTIONS: Applicant: U.S. Army Corps of Engineers; Location: Waters of the United States, within a portion of the High Island Field, bounded on the south and west by the existing perimeter levee, on the north by a marsh adjacent to the perimeter levee, and on the east by State Highway 124, and the 5-foot elevation contour, at the base of High Island, Galveston County, Texas; Project No.: 97-0317-F1; Description of Proposed Action: The applicant proposes to extend the time to complete work, under the general permit until December 31, 2002. The general permit authorizes the construction of access roads, drilling site location pads, and production site pads, including excavation and levee construction; Type of Application: U.S.C.O.E. permit application #15208(03) under sec.404 of the Clean Water Act (33 U.S.C.A. sec.sec.125-1387). Applicant: U.S. Army Corps of Engineers; Location: Navigable waters of the United States within the Galveston District; Project No.: 97-0318-F1; Description of Proposed Action: The applicant proposes an extension of time for work authorized by this general permit. The authorized work is limited to the construction of subaqueous pipeline and cable crossings which do not exceed 500 feet in length.; Type of Application: U.S.C.O.E. permit application #15800(03) under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403). 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 24, 1997. TRD-9712677 Garry Mauro Chairman Coastal Coordination Council Filed: September 24, 1997 Comptroller of Public Accounts Corrections of Error The Comptroller of Public Accounts proposed new and amendment to 34 TAC sec.sec.7.51-7.54. The rules appeared in the September 19, 1997, issue of the Texas Register, (22 TexReg 9441). The title of sec.7.52 is shown as "Maximum Tuition Credit." the correct title should read "7.52. Maximum Tuition Credit Hours and Fees Paid." The Comptroller of Public Accounts adopted an amendment to 34 TAC sec.33.294. The rule appeared in the August 12, 1997, issue of the Texas Register, (22 TexReg 7505). The effective date is listed incorrectly as "April 21, 1997", the correct effective date is "August 21, 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 Article 1D.003, Title 79, Revised Texas Civil Statutes of Texas, as amended (Article 5069-1D.003, Vernon's Texas Civil Statutes). [graphic] Issued in Austin, Texas, on September 22, 1997. TRD-9712714 Leslie L. Pettijohn Commissioner Office of Consumer Credit Commissioner Filed: September 24, 1997 Texas Department of Criminal Justice Request for Qualifications The Texas Department of Criminal Justice - Facilities Division (TDCJ-FD) announces that it requires Professional Services of a qualified commissioning authority/firm for new institutional construction projects, pursuant to the provisions of the Government Code, Chapter 2254, Subchapter A. The two High Security projects are each approximately 250,000 gross square feet, two story buildings located in Wichita Falls and Lamesa, Texas with a project budget of $20 to $30 million. The facility is expected to be comprised of prison administrative space, cell block, kitchen, and medical facilities using state of the art proven electronic security and building automation systems. The facilities' design is expected to complete by January 31, 1998, and with tentative construction start date of March 15, 1998, with a final occupancy in August 1999. The management structure is traditional "design and spec" with full design documents and specifications to be developed by two architectural and engineering firms. A general contractor will be contracted by competitive bidding. The TDCJ-FD will have a Project Manager as owner's representative on- site. The commissioning authority will report to the TDCJ Project Engineer based at TDCJ headquarters in Huntsville. The Commissioning Authority will help TDCJ ensure that all systems are complete and functioning properly at time of occupancy and that facility staff have adequate system documentation and training. Commissioning consists of systematically documenting that specified components and systems have been installed and start properly, and then functionally tested to verify and document proper operation through all modes and conditions. In addition, owner- personnel training will be verified and final project operations and maintenance (O&M) documents will be reviewed by the Commissioning Authority. To be considered for these services, submittals must be prepared in compliance with the format stipulated in the RFQ Package, and must be received not later than 4 p.m. on November 6, 1997. Submittals received after that time will be subject to disqualification. Firms interested in providing these services should fax their request for an RFQ Package to: Contracts Administrator, TDCJ Facilities Division at (409) 294-8753. In case of difficulty in transmitting a fax, call (409) 294- 6656. Submittals shall not include a proposed fee or compensation schedule. These services include professional engineering services, and are subject to the Professional Services Act. Submission and participation in the selection process by interested firms shall be at no cost or obligation to the TDCJ-FD. The TDCJ- FD reserves the right to select one or more firms, or reject all submittals received. Materials received will not be returned, and the TDCJ-FD shall have no obligation to any firm should it develop or use any idea suggested in the course of, or developed in connection with, its efforts to contract as provided herein. All materials submitted become the property of the TDCJ-FD. Questions regarding this Request for Qualifications should be faxed to the number shown previously. Copies of questions and responses which include new information pertinent to the selection process will be forwarded to all firms that have requested RFQ Packages. Issued in Austin, Texas, on September 28, 1997. TRD-9712858 Carl Reynolds General Counsel Texas Department of Criminal Justice Filed: September 29, 1997 Texas Education Agency Request for Proposals Concerning Student Assessment Professional Services Eligible Proposers. The Texas Education Agency (TEA) is requesting proposals under Request for Proposals (RFP) #701-97-027 from nonprofit organizations, institutions of higher education, private companies, individuals, and regional education service centers for providing professional services to support activities conducted for the statewide testing program. Historically underutilized businesses (HUBs) are encouraged to submit proposals. Description. The TEA manages and oversees the development, administration, scoring, and analysis of the statewide assessment of student achievement required by Texas Education Code, Chapter 39, Subchapter B. This RFP is requesting professional services to support activities necessary for the statewide assessment program and requires the identification, employment, and administrative support of contracted individuals. The RFP specifies the qualifications and experiences required and preferred for the individuals and details the scope of their duties. Dates of Project. All services and activities related to this proposal will be conducted within specified dates. Proposers should plan for a starting date of no earlier than January 2, 1998, and an ending date of no later than August 31, 2001. Project Amount. Funding for the requested services will not exceed $2,500,000 annually. Project funding following the first year will be based on satisfactory progress of first-year objectives and on general budget approval by the commissioner of education. Selection Criteria. Proposals will be selected based on the ability of each proposer to carry out all requirements contained in the RFP. The TEA will base its selection on, among other things, demonstrated competence and qualifications of the proposer and on the reasonableness of the proposed fee. The selection criteria and the review process are specified in the RFP. The TEA reserves the right to select from the highest ranking proposals those that address all requirements in the RFP. The TEA is not obligated to execute a resulting contract, provide funds, or endorse any proposal submitted in response to this RFP. This RFP does not commit TEA to pay any costs incurred before a contract is executed. The issuance of this RFP does not obligate TEA to award a contract or to pay any costs incurred in preparing a response. Requesting the Proposal. A complete copy of RFP #701-97-027 may be obtained by writing the: Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701, or by calling (512) 463-9304. Please refer to the RFP number in your request. Further Information. For clarifying information about the RFP, contact Keith Cruse, Student Assessment Division, Texas Education Agency, (512) -463-9536 or by e-mail at sjones@tmail.tea.state.tx.us. Deadline for Receipt of Proposals. A proposal must be received in the Document Control Center of the Texas Education Agency by 5:00 p.m. (Central Time), Friday, November 21, 1997, to be considered for funding. Issued in Austin, Texas, on September 24, 1997. TRD-9712692 Criss Cloudt Associate Commissioner for Policy Planning and Research Texas Education Agency Filed: September 24, 1997 Texas Ethics Commission Correction of Error The Texas Ethics Commission submitted an Open Meeting Notice, which was published in the September 12, 1997, issue of the Texas Register, (22 TexReg 9291). The meeting date was incorrectly published as "Friday, September 2, 1997, 9:30 a.m.", instead of "Friday, September 12, 1997, 9:30 a.m.". General Services Commission Mandatory Request for Information #98-1A The State of Texas requests information regarding capabilities in conducting a needs analysis of both automated and non-automated processes within a large state agency. This information will be used to develop specifications for solicitation to acquire resources to conduct a needs analysis. PURPOSE The General Services Commission (GSC) will conduct a comprehensive needs analysis of both automated and non-automated agency processes to improve the quality of the information required by the Commissioners and Executive Management in the decision making process. In addition, the needs analysis should address future strategies for the use of automated and non-automated information management systems to improve communication and information sharing among divisions within the agency. PROCESS The GSC intends to enter into a contract with a vendor to conduct a needs analysis. The purpose of this RFI is to give the state adequate information for the development of the solicitation for a needs analysis. Internal and external audit reports may be utilized during the actual needs analysis. If so, they will be provided to the needs analysis contractor as government furnished information (GFI). RFI REQUIREMENTS Interested vendors are required to submit information demonstrating the following: A. The respondent's current State of Texas vendor identification number and that the respondent is a Qualified Information Systems Vendor (QISV). For information on the QISV application and approval, please call (512) 463-5315. B. Indicate interest in the subsequent solicitation for a needs analysis study. Include the point of contact for subsequent solicitation and the correct business mailing address for that person. C. Knowledge of state government processes in the areas of procurement, fiscal management, and contract and project management. D. General process of conducting a needs analysis study. E. Knowledge necessary to evaluate current processes and recommend strategies for process improvement. F. Information necessary in staffing and documentation requirements for the study. G. Budgetary estimates necessary for a comprehensive needs analysis study. These are to be estimates only and are not to be considered as formal proposal prices. ADDITIONAL INFORMATION Vendors are encouraged to provide any additional information relevant to a needs analysis study of this nature. PROPRIETARY INFORMATION Vendors must indicate which portions, if any, of the information being provided is proprietary or confidential, by marking each page upon which such information appears. Failure to do so will result in all submitted information being subject to public disclosure in accordance with the Texas Public Information Act, Chapter 552, Texas Government Code. The final determination of whether information submitted is proprietary and not subject to public disclosure is made by the Attorney General of Texas. As stated above, the information is requested to develop specifications for a solicitation. RESPONSE Response to this RFI is mandated if you have any interest in the subsequent solicitation for conducting a needs analysis study. Vendors responding to this RFI will form the list of vendors to whom the needs analysis study solicitation will be sent and will constitute the only list of candidates for award of that study. To be considered responsive to this request, the information requested must be received by October 15, 1997 at 3:00 p.m. central standard time. Send RFI response to: Bid Services Section, ATTN: RFI 98-1A, General Services Commission, 1711 San Jacinto Boulevard, Room 180, Austin, Texas 78701 Ensure that the envelope is clearly marked on its front with the RFI number (RFI 98-1A) VENDOR COSTS Vendors are responsible for all costs associated with preparing a response to this RFI, and the State of Texas, General Services Commission (GSC) will not be responsible for any vendor costs associated with preparing this information. REQUEST FOR CLARIFICATION Any questions necessary to clarify this RFI must be submitted in writing. Submission of questions by electronic mail is preferred. Send questions to the following email address: donna.cordes@gsc.state.tx.us Contact: Donna Cordes, Director of Information Systems, General Services Commission, 1711 San Jacinto Boulevard, Austin, Texas 78701. Voice: (512) 475-2486 Fax: (512) 463-3922 Issued in Austin, Texas, on September 24, 1997. TRD-9712700 Judy Ponder General Counsel General Services Commission Filed: September 24, 1997 Office of the Governor Invitation for Applications under the Juvenile Justice and Delinquency Prevention Act, Title V The Criminal Justice Division of the Governor's Office is soliciting applications for grants to be awarded under the federal Juvenile Justice and Delinquency Prevention Act for Title V - Incentive Grants for Local Delinquency Prevention Programs, in response to the need for local comprehensive delinquency prevention planning and programs for youth who have, or are likely to have, contact with the juvenile justice system. Complete guidelines for Title V programs are available in the application kit. The Title V prevention strategy is designed to reduce identified risk factors while strengthening protective factors. It requires a commitment by, and participation of, the entire community in developing and implementing a comprehensive strategy and to coordinate the use of existing programs and resources. A comprehensive three-year plan is also required, describing the extent of risk factors identified in the community and how these risk factors will be addressed. The maximum amount that can be applied for is $100,000 and the minimum is $25,000. Eligible applicants are cities; counties; and Native American tribes that perform law enforcement functions; or any combination of the above. Priority consideration will be given to Native American tribes and to applicants serving rural areas (cities with juvenile populations of 2,000 or less, and counties with juvenile populations of 4,000 or less). For purposes of determining juvenile population relative to eligibility, a juvenile means a child 10 to 16 years of age. Grantees must provide a dollar for dollar match with cash, in-kind contributions, or a combination thereof. In-kind match is limited to volunteer services, professional services, equipment, transportation, and building space. Special application kits specific for this fund may be obtained from the applicant's respective regional council of governments or from the Criminal Justice Division of the Governor's Office, P.O. Box 12428, Austin, TX 78711, attn: Planning and Grant Administration at (512) 463-1919. Applicants must contact their regional council of governments for additional information regarding specific application deadlines and submission requirements. CJD staff will conduct an initial screening of applications to determine eligibility. Eligible applicants will be scored competitively by a review team appointed by the Executive Director of the Criminal Justice Division. The prioritization/ranking from the regional councils of governments will be taken into consideration during ranking and scoring of applications by the review team. CJD will make the final funding decision. For further information call Glenn Brooks, Director of Justice Programs, Criminal Justice Division, at (512) 463-1944 or Angie Williams at (512) 463- 1924. Issued in Austin, Texas, on September 8, 1997. TRD-9712701 Pete Wassdorf Deputy General Counsel Office of the Governor Filed: September 24, 1997 Texas Department of Health Corrections of Error The Texas Department of Health adopted an amendment to 25 TAC sec.29.606. The rule appeared in the August 22, 1997, issue of the Texas Register, (22 TexReg 8389). On page 8389, in the preamble, in the fourth paragraph, due to the department's error, the sentence "Although no comments were received, the department made minor editorial changes for format purposes" should not have been published. On page 8390, due to the Texas Register's error, the subsection (c) should have been published as "one subsection" instead of "being divided into three subsections." The Texas Department of Health (department) submitted a revised open meeting for the Midwifery Board to be held on September 8, 1997, at 9:30 a.m., TRD #9711450. The meeting notice should state "proposed rules concerning the use of oxygen (25 Texas Administrative Code, Chapter 37)" instead of "proposed rules concerning the use of oxygen (25 Texas Administrative Code, Chapter 38)". Licensing Action for Radioactive Materials The Texas Department of Health has taken actions regarding licenses for the possession and use of radioactive materials as listed in the table below. The subheading labeled "Location" indicates the city in which the radioactive material may be possessed and/or used. The location listing "Throughout Texas" indicates that the radioactive material may be used on a temporary basis at job sites throughout the state. [graphic] [graphic] [graphic] The Texas Department of Health has taken actions regarding licenses for the possession and use of radioactive materials as listed in the table below. The subheading labeled "Location" indicates the city in which the radioactive material may be possessed and/or used. The location listing "Throughout Texas" indicates that the radioactive material may be used on a temporary basis at job sites throughout the state. In issuing new licenses and amending and renewing existing licenses, the Texas Department of Health, Bureau of Radiation Control, has determined that the applicants are qualified by reason of training and experience to use the material in question for the purposes requested in accordance with Texas Regulations for Control of Radiation in such a manner as to minimize danger to public health and safety or property and the environment; the applicants' proposed equipment, facilities, and procedures are adequate to minimize danger to public health and safety or property and the environment; the issuance of the license(s) will not be inimical to the health and safety of the public or the environment; and the applicants satisfy any applicable special requirements in the Texas Regulations for Control of Radiation. This notice affords the opportunity for a hearing on written request of a licensee, applicant, or "person affected" within 30 days of the date of publication of this notice. A "person affected" is defined as a person who is resident of a county, or a county adjacent to the county, in which the radioactive materials are or will be located, including any person who is doing business or who has a legal interest in land in the county or adjacent county, and any local government in the county; and who can demonstrate that he has suffered or will suffer actual injury or economic damage due to emissions of radiation. A licensee, applicant, or "person affected" may request a hearing by writing Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189. Any request for a hearing must contain the name and address of the person who considers himself affected by Agency action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is represented by an agent, the name and address of the agent must be stated. Copies of these documents and supporting materials are available for inspection and copying at the office of the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Texas, from 8:00 a.m. to 5:00 p.m. Monday-Friday (except holidays). Issued in Austin, Texas, on September 23, 1997. TRD-9712652 Susan K. Steeg General Counsel Texas Department of Health Filed: September 23, 1997 Notice of Intent to Revoke Certificates of Registration Pursuant to Texas Regulations for Control of Radiation (TRCR), Part 13, (25 Texas Administrative Code sec.289.112), the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed complaints against the following registrants: Glen R. McAdams, D.C., Conroe, R20901; Pham Chiropractic, Arlington, R22337; Fisher Chiropractic Clinic, San Antonio, R18579; Laney Chiropractic and Rehabilitation Center, Keller, R18126; Martin Chiropractic, Waco, R05487; Fondren Chiropractic Clinic, Houston, R22154; The Spine Institute, P.A., Houston, R21563; Curtis Foster, D.D.S., Midland, R22313; Dave E. Nichols, D.D.S., Houston, R22278; James I. Richards, D.D.S., Garland, R11511; North Texas Family Practice Associates, P.A., Dallas, R22368; Harrisburg Physicians Clinic, Houston, R22449; Pars Neurological, P.A., Anahuac, R22365; Terrence H. Upton, D.P.M., Houston, R22379; Mont Del Veterinary Clinic, Fort Worth, R15742; John F. Dulemba, M.D., P.A., Denton, Z00865. The department intends to revoke the certificates of registration; order the registrants to cease and desist use of radiation machine(s); order the registrants to divest themselves of such equipment; and order the registrants to present evidence satisfactory to the bureau that they have complied with the orders and the provisions of the Health and Safety Code, Chapter 401. If the fee is paid within 30 days of the date of each complaint, the department will not issue an order. This notice affords the opportunity to the registrants for a hearing to show cause why the certificates of registration should not be revoked. A written request for a hearing must be received by the bureau within 30 days from the date of service of the complaint to be valid. Such written request must be filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed or if the fee is not paid, the certificates of registration will be revoked at the end of the 30-day period of notice. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Exchange Building, 8407 Wall Street, Austin, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays). Issued in Austin, Texas, on September 25, 1997. TRD-9712777 Susan K. Steeg General Counsel Texas Department of Health Filed: September 25, 1997 Notice of Intent to Revoke a Radioactive Material License Pursuant to Texas Regulations for Control of Radiation (TRCR), Part 13, (25 TAC sec.289.112), the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed a complaint against the following licensee: Oxy Petrochemicals, Inc., Alvin, L03363. The department intends to revoke the radioactive material license; order the licensee to cease and desist use of such radioactive material; order the licensee to divest himself of the radioactive material; and order the licensee to present evidence satisfactory to the bureau that he has complied with the orders and the provisions of the Health and Safety Code, Chapter 401. If the fee is paid within 30 days of the date of the complaint, the department will not issue an order. This notice affords the opportunity to the licensee for a hearing to show cause why the radioactive material license should not be revoked. A written request for a hearing must be received by the bureau within 30 days from the date of service of the complaint to be valid. Such written request must be filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed or if the fee is not paid, the radioactive material license will be revoked at the end of the 30-day period of notice. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Exchange Building, 8407 Wall Street, Austin, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays). Issued in Austin, Texas, on September 25, 1997. TRD-9712776 Susan K. Steeg General Counsel Texas Department of Health Filed: September 25, 1997 Texas Health and Human Service Commission Families are Valued Project Award Announcement The Texas Health and Human Services Commission through the State Office of Community Resource Coordination Groups of Texas Families Are Valued Project has awarded the fourth and final grant to establish a Local Family Collaborative site to demonstrate permanency planning for children with developmental disabilities. The grant was awarded to Life Management Center for Mental Health Mental Retardation Services of El Paso, Texas. For additional information on the Families Are Valued Project and the Local Family Collaborative sites contact: Yolanda Montoya Families Are Valued Project Texas Health and Human Services Commission 4900 North Lamar Boulevard, 4th Floor Austin, Texas 78751, Phone: (512) 424-6544 or (512) 424-6528 Fax: (512) 424-6590, e-mail: yolandam@hhsc.state.tx.us, website: www.hhsc.state.tx.us/crcg/fav.htm, Kelley Knight, Administrative Technician, (512) 424-6544 visit the CRCG website at www.hhsc.state.tx.us/crcg/crcg.htm Issued in Austin, Texas, on September 26, 1997. TRD-9712802 Marina Henderson Executive Deputy Commissioner Texas Health and Human Services Commission Filed: September 26, 1997 Notice of Request for Information The Texas Health and Human Services Commission (HHSC) hereby gives notice of a Request for Information (RFI). The purpose of the RFI is to obtain information regarding the various options available for the design and testing of a consistent functional needs assessment instrument and/or process on a sample population that is representative of the types of people who are enrolled or who seek enrollment in long-term care services programs in Texas. House Bill 663 requires HHSC to conduct a pilot project to test whether people seeking long-term care services could be assessed using a more consistent process that is based on the individual's functional ability. Functional ability is defined as an individual's level of ability to perform essential daily tasks such as bathing, dressing, feeding oneself, using the toilet, and grooming. The pilot project will examine whether using functional need/ability as the primary criterion of assessment yields accurate information for service planning/budgeting at the individual and aggregate level. The project will also examine if and to what extent functional need/ability should be considered in combination with other factors such as medical diagnosis, I.Q., or age. HHSC is seeking information regarding the creation of a scientifically validated instrument and/or process that enables the accurate prediction of individual need and testing of a prototype of the instrument and/or process to ensure a level of validity and specificity that will provide the basis for accurate decision-making and accountability for long-term care service dollar utilization. This RFI is to obtain information only and does not constitute a formal request to purchase. Estimated pricing information is requested for planning and budgetary purposes only. Copies of the RFI may be requested from: Ms. Joyce Dawidczyk, Program Analyst, Texas Health and Human Services Commission, 4900 North Lamar, 4th Floor, Austin, Texas 78711-3247, or by facsimile (512) 424-6585. The RFI will also be available on the Internet on HHSC's home page: www.hhsc.state.tx.us. The request should include the name of the requestor, the address of the requestor, the name of a contact person, and a telephone and fax number for that person. Requests for the RFI may be sent to HHSC beginning on the date that this notice is published in the Texas Register. The closing date for the receipt of responses will be 5:00 p.m., Central Time, on October 31, 1997. Issued in Austin, Texas, on September 23, 1997. TRD-9712651 Marina Henderson Executive Deputy Commissioner Texas Health and Human Services Commission Filed: September 23, 1997 Texas Department of Housing and Community Affairs Manufactured Housing Division Notices of Administrative Hearing Wednesday, October 15, 1997, 10:00 a.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. Spring Branch Homes, Inc. to hear alleged violations of the Act, sec.sec.4(f) and 14(f)(j)(k) and Rules sec.sec.80.51, 80.121(a)(b)(c), 80.131(b) and 80.132(6) regarding not properly installing ten manufactured homes; not responding with corrective action on ten manufactured homes in a timely manner; and failing to comply with the initial report and warranty orders of the Director and provide the Department with copies of completed work orders on two homes. SOAH 332-97-1637. Department MHD1996000998C, MHD1997001552D, MHD1997001553D, MHD1997001558D, MHD1997002074D, MHD1997002118D, MHD1997001554D, MHD1997002046D, MHD1997002050D, MHD1997001556D, MHD1997002243D, and MHD1997000776C. Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475- 3589. Issued in Austin, Texas, on September 29, 1997. TRD-9712879 Larry Paul Manley Executive Director Texas Department of Housing and Community Affairs Filed: September 29, 1997 Wednesday, October 15, 1997, 10:00 a.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. Frank Williams dba Williams Transport to hear alleged violations of the Act, sec.sec.7(d) and (k)(6), 17(b) and Rules sec.sec.80.28(a) and 80.125(e) regarding obtaining, maintaining or possessing a valid certificate of registration; and not properly submitting monthly Installation Reports showing the number of homes installed. SOAH 332-97-1636. Department MHD1996001807M. Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475- 3589. Issued in Austin, Texas, on September 29, 1997. TRD-9712880 Larry Paul Manley Executive Director Texas Department of Housing and Community Affairs Filed: September 29, 1997 Thursday, October 9, 1997, 9:00 a.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. Alton Diggles dba Alton Mobile Home Moving and Service aka Alton Mobile Home Moving Service and Repair to hear alleged violations of the Act, sec.sec.7(d) and (k)(1)(5), 8(b), 8(d), 17(b) and 18(b), Rules sec.80.125(e)(1) and Business and Commerce Code, sec.17.46(b)(2)(3)(5) regarding obtaining, maintaining or possessing a valid certificate of registration; selling a used manufactured home that was not habitable; not transferring a good and marketable title to a home within 30 days after the date that the transfer of ownership was effective; and engaging in deceptive trade practices. SOAH 332- 97-1635. Department MHD1996000147C, MHD1996000148C, MHD1996000242C, MHD1996001066I, MHD1997001807C, MHD1996001264C, MHD1997000515D and MHD1997001740D. Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475- 3589. Issued in Austin, Texas, on September 29, 1997. TRD-9712881 Larry Paul Manley Executive Director Texas Department of Housing and Community Affairs Filed: September 29, 1997 Notice of Establishing a Manufactured Housing Anchor Installation Task Force The Texas Department of Housing and Community Affairs (the "Department") is hereby giving notice of the establishment of a Manufactured Housing Anchor Installation Task Force to study problems associated with manufactured home anchor installations in various soil classes where normal installation procedures have been found to be difficult, and to study possible alternatives. The Task Force will be composed of interested members of the Citizen's Advisory Commission, Department staff, and others. The Anchor Installation Task Force will complement the efforts of the Citizen's Advisory Commission on Manufactured Housing Rules, which has recently completed its examination of the Department's present rules and has submitted its recommended changes to the Department. The Department intends to issue new proposed rules based on these recommendations shortly, subject to public comment and any additional information the Department is required to consider. Written comments with respect to the Anchor Installation Task Force may be sent to the Texas Department of Housing and Community Affairs, Manufactured Housing Division, P.O. Box 12489, Austin, Texas 78711, or comments may be faxed to (512) 475-4760. Issued in Austin, Texas, on September 23, 1997. TRD-9712672 Larry Paul Manley Executive Director Texas Department of Housing and Community Affairs Filed: September 23, 1997 Texas Department of Human Services Notice of Public Hearing - Career Opportunity Orientation The Texas Department of Human Services (TDHS) will conduct a public hearing to receive comments on the department's requirement for applicants to attend a Career Opportunity Orientation at the Texas Workforce Commission (TWC), prior to being certified. The public hearing will be held on October 10, 1997, at 9:00 a.m. in the Public Hearing Room of the John H. Winters Center (701 West 51st Street, Austin, Texas, First Floor, East Tower, Room 100). Contact Person: Please contact Kevin Brown, M/C W-312, P. O. Box 149030, Austin, Texas 78714- 9030, (512) 438-3084. Persons with disabilities planning to attend this hearing who may need auxiliary aids or services are asked to contact Kevin Brown, (512) 438-3084 by October 8, 1997, so that appropriate arrangements can be made. Issued in Austin, Texas, on September 24, 1997. TRD-9712681 Glenn Scott Agency Liaison, General Counsel Texas Department of Human Services Filed: September 24, 1997 Open Solicitation for San Augustine County Pursuant to Title 2, Chapters 22 and 32, of the Human Resources Code and 40 TAC sec.19.2324, in the March 31, 1995, issue of the Texas Register (20 TexReg 2443), the Texas Department of Human Services (TDHS) is announcing an open solicitation period of 30 days, effective the date of this public notice, for San Augustine County #203, identified below, where Medicaid contracted nursing facility occupancy rates exceed the threshold (90% occupancy) in each of six months in the continuous, January 1997 thru June 1997 six-month period: 94.5, 93.3, 93.7, 97.6, 98.4, 96.4. Potential contractors seeking to contract for existing beds which are currently licensed as nursing home beds or hospital beds in the counties identified in this public notice must submit a written reply (as described in 40 TAC sec.19.2324) to TDHS, Gary L. Allen, Long Term Care Moratorium Services, Office of Programs, Mail Code W-530, Post Office Box 149030, Austin, Texas 78714-9030. Historically Underutilized Businesses are encouraged to apply. The written reply must be received by TDHS by 5 p.m. November 3, 1997, the last day of the open solicitation period. Potential contractors will be placed on a waiting list for the primary selection process in the order that the beds which were being proposed for Medicaid certification were initially licensed. The primary selection process will be completed on November 13, 1997. If there are insufficient available beds after the primary selection to reduce occupancy rates to less that 90%, TDHS will place a public notice in the Texas Register announcing an additional open solicitation period for those individuals wishing to construct a facility. Issued in Austin, Texas, on September 15, 1997. TRD-9712718 Glenn Scott Agency Liaison, General Counsel Texas Department of Human Services Filed: September 24, 1997 Open Solicitation for Upton County Pursuant to Title 2, Chapters 22 and 32 of the Human Resources Code and 40 TAC sec.19.2324, in the March 31, 1995, issue of the Texas Register (20 TexReg 2443), the Texas Department of Human Services (TDHS) is announcing the reopening of the open solicitation period for Upton County, County Number 231, identified in the January 24, 1997, issue of the Texas Register (22 TexReg 985). Potential contractors desiring to construct a 90-bed nursing facility in the above referenced county must submit a written reply (as described in 40 TAC sec.19.2324) to TDHS, Gary L. Allen, Long Term Care Moratorium Services, Office of Programs, Mail Code W-530, P.O. Box 149030, Austin, Texas 78714-9030. Historically underutilized Businesses are encouraged to apply. Upon receipt of a reply from a potential contractor, TDHS will place a notice in the Texas Register to announce the closing date of the reopened solicitation period. Issued in Austin, Texas, on September 15, 1997. TRD-9712719 Glenn Scott Agency Liaison, General Counsel Texas Department of Human Services Filed: September 24, 1997 Texas Department of Insurance Notice of Public Hearing The Commissioner of Insurance at a public hearing under Docket No. 2307 scheduled for 10:00 a.m. on November 3, 1997, in Room 100 of the William P. Hobby, Jr. State Office Building, 333 Guadalupe Street, Austin, Texas, will consider a staff proposal to repeal Refusal to Renew Mandatory Endorsement HO- 100, Refusal to Renew Mandatory Endorsement TDP-026, Refusal to Renew Mandatory Endorsement TDP-027, Refusal to Renew Mandatory Endorsement TFR-086, Refusal to Renew Mandatory Endorsement TFR-087 and Refusal to Renew Mandatory Endorsement FRO-486 as adopted by the previous State Board of Insurance in Board Order No. 60152. The mandatory endorsements amending the Refusal to Renew provisions in the Texas Homeowners Policy, Texas Dwelling Policy, Texas Farm and Ranch Policy and Texas Farm and Ranch Owners Policy incorporated a prohibition of the refusal to renew a residential property policy because of the condition of the premises unless there was a change in the condition(s) of the premises, the insurer notified the insured of the condition(s) and the insurer provided the insured adequate time to correct the condition. The endorsements adopted by the State Board of Insurance amended the Refusal to Renew provisions in the above referenced policies to read as follows: We may not refuse to renew this policy based on the condition of the premises unless: (1) there is a change in the condition(s) of the premises, (2) we have notified you of the condition(s) which may result in our refusal to renew the policy, and (3) we have allowed you adequate time to remedy the condition(s). On February 26, 1993 a temporary injunction was issued by a Travis County District Court prohibiting the department from implementing or enforcing the endorsements as amended. The district court decision was upheld by the Third Austin Court of Appeals. A copy of the full text of the staff's proposal to repeal, filed September 22, 1997, is available for review in the Office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas. For further information or to request copies of the proposal, please contact Angie Arizpe at (512) 463-6326 (refer to Ref. No. P-0997-29-I). Comments on the proposed repeal must be submitted in writing within 30 days after publication of the proposal in the Texas Register to the Office of the Chief Clerk, Texas Department of Insurance, P.O. Box 149104, MC 113-2A, Austin, Texas 78714-9104. An additional copy of comments is to be submitted to David Durden, Deputy Commissioner, Property and Casualty Lines, Texas Department of Insurance, P.O. Box 109104, MC 104-5A, Austin, Texas 78714-9104. This notification is made pursuant to the Texas Insurance Code, Article 5.96, which exempts action taken under this article from the requirements of the Administrative Procedure Act, Government Code, Chapter 2001. Issued in Austin, Texas, on September 24, 1997. TRD-97012697 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: September 24, 1997 Third Party Administrator Applications The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration. Application for admission to Texas of Hunt, DuPree, Rhine & Associates, Inc., a foreign third party administrator. The home office is Greenville, South Carolina. Any objections must be filed within 20 days after this notice was filed with the Secretary of State, addressed to the attention of Charles M. Waits, MC 107-5A, 333 Guadalupe, Austin, Texas 78714-9104. Issued in Austin, Texas, on September 24, 1997. TRD-9712696 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: September 24, 1997 Third Party Administrator Applications The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration. Application for admission to Texas of PHC Physician Networks, Inc., a foreign third party administrator. The home office is Atlanta, Georgia. Any objections must be filed within 20 days after this notice was filed with the Secretary of State, addressed to the attention of Charles M. Waits, MC 107-5A, 333 Guadalupe, Austin, Texas 78714-9104. Issued in Austin, Texas, on September 25, 1997. TRD-9712766 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: September 25, 1997 Texas Natural Resource Conservation Commission Enforcement Orders An agreed order was entered regarding CHARLES MACKENZIE, Docket Number 96-1736- OSI-E (Certification Number 3858) on September 19, 1997, assessing $2,200 in administrative penalties with $660. deferred. Information concerning any aspect of this order may be obtained by contacting Robert Brach, OCS-OSSF Program Administrator at (512) 239-2150, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding RANDY WILSON, Docket Number 97-0259-OSI- E (Certification Number 907) on September 19, 1997, assessing $1,250 in administrative penalties with $250. deferred. Information concerning any aspect of this order may be obtained by contacting Robert Brach, OCS-OSSF Program Administrator at (512) 239-2150, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding MR. SULAIMAN THOBANI, Docket Number 96- 1422-PST-E (Facility Number 42694, Enforcement ID Number E11671) on September 19, 1997, assessing $10,000 in administrative penalties with $3,000 deferred. Information concerning any aspect of this order may be obtained by contacting Walt Ehresman, Staff Attorney at (512) 239-0600 or Adele Noel, Enforcement Coordinator at (512) 239-1045, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. Issued in Austin, Texas, on September 26, 1997. TRD-9712828 Eugenia K. Brumm, Ph.D. Chief Clerk Texas Natural Resource Conservation Commission Filed: September 26, 1997 Notice of Application for Amendment to Certificate of Adjudication Pursuant to Texas Water Code sec.11.122 Requiring Notice to Interjacent Appropriators The following notices of application were mailed on September 26, 1997: CITY OF WEATHERFORD; Application Number 08-3358A to amend Certificate of Adjudication Number 08-3358. Certificate of Adjudication Number 08-3358 authorized the City of Weatherford to impound 530 acre-feet of water in an existing reservoir (Sunshine Lake) on Town Creek, tributary of the South Fork of the Clear Fork Trinity River, tributary of the West Fork Trinity River, tributary of the Trinity River, Trinity River Basin. The certificate also included authorization to use the impounded waters for recreational purposes and to divert, at a maximum rate of 0.81 cfs, not to exceed 530 acre-feet of water per annum from the reservoir for municipal purposes. The certificate included a priority date of June 9, 1952. The City has a separate authorization, under a contract with the Tarrant Regional Water District (Water Right Permit Number 5157), to divert and use water from a specific point on Lake Benbrook (on the Clear Fork Trinity River) at a maximum rate of 31.2 cfs for municipal purposes. Lake Benbrook is approximately 20 miles downstream of Sunshine Lake. Applicant seeks to amend Certificate Number 08-3358 to authorize: 1) water presently diverted at Sunshine Lake to be diverted from either Sunshine Lake or from the City's diversion point on Benbrook Lake, at a maximum diversion rate of 31.2 cfs, 2) the right to use the bed and banks of Town Creek, South Fork of the Clear Fork of the Trinity River and the Clear Fork of the Trinity River to allow water presently authorized to be diverted at Sunshine Lake to flow downstream to Benbrook Lake, 3) the right to divert a combined annual volume from either Sunshine Lake or Lake Benbrook of 515 acre-feet per year for municipal purposes, and 4) to change the purpose of use to irrigation for the remaining 15 acre-feet per year to be diverted only from Sunshine Lake. GREEN VALLEY FARMS; Application Number 18-3887A to amend Certificate of Adjudication Number 18-3887. Certificate of Adjudication Number 18-3887 authorized Green Valley Farms, Inc. to maintain a dam on the San Marcos River in Hays County which creates an impoundment on the San Marcos River and the Blanco River, tributary of the San Marcos River, tributary of the Guadalupe River, Guadalupe River Basin. The certificate also authorizes impoundment of not to exceed 300 acre feet of water in the reservoir and diversion and use of not to exceed 792 acre-feet of water per annum from the reservoir. Water is authorized to be diverted at a maximum rate of 7.33 cfs (3300 gpm) and used for irrigation of 403 acres of land in the Thomas G. McGehee Grant, Abstract Number 11, Hays County, Texas. The certificate has a time priority of June 22, 1905. Pursuant to a "Lease of Water Right" agreement between Green Valley Farms and the Martindale Water Supply Corporation, the applicant seeks authorization to: 1) change the purpose of use of 396 acre-feet of the annual diversion authorized from irrigation use to municipal use; 2) add a diversion point for the diversion of said municipal water on the San Marcos River, approximately 3.8 miles downstream of the authorized reservoir; and 3) include a maximum diversion rate for the new point of 3.675 cfs (1650 gpm), with the provision that the combined maximum diversion rate for the Certificate, as to be amended, will not exceed 7.33 (3300 gpm). The water included in this amendment application is to be used for the term of the lease agreement by the Martindale Water Supply Corporation. The Executive Director may issue an amendment to the Certificate of Adjudication on or after October 24, 1997, unless a written hearing request is filed in the Chief Clerk's Office of the TNRCC on or before October 14, 1997. 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; and (5) the location of your property relative to the applicant's operations. If a hearing request is filed, the Executive Director will not issue the permit 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. Requests for hearing must be submitted in writing to the Chief Clerk's Office, MC 105, TNRCC, P.O. Box 13087, Austin, TX 78711-3087. Written public comments may also be submitted to the Chief Clerk's Office on or before March 3, 1997. For information concerning technical aspects of the permit, contact Mike Howard, MC 160, at the same above PO Box address. For information concerning hearing procedures or citizen participation, contact the Public Interest Counsel, MC 103, at the same PO Box address. 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 26, 1997. TRD-9712826 Eugenia K. Brumm, Ph.D. Chief Clerk Texas Natural Resource Conservation Commission Filed: September 26, 1997 Revised Notice Of Application For Municipal Solid Waste Management Facility Permit For The Period of August 18, 1997 through August 22, 1997 The CITY OF MIDLAND for an amendment, Proposed Permit Amendment Number MSW1605- B, to authorize an increase in the permitted height of its Type I facility to 125 feet above surrounding ground, which will add approximately twenty-nine years to the expected life of the facility. The permittee is authorized to dispose of municipal solid waste resulting from or incidental to municipal, community, commercial, institutional, and recreational activities; municipal solid waste resulting from construction or demolition projects; Class 2 and Class 3 industrial solid waste; and special waste that is properly identified. Solid waste may be initially accepted for disposal at a rate of 400 tons per day and is expected to increase to 1,325 tons per day in 2060. The permit would allow the operating hours of this municipal solid waste facility to be 24 hours per day, each day of the week. The facility is located approximately seven miles east of Midland, approximately one-half mile north of State Highway 158 and three miles west of RR 1379 in Midland County, Texas. If you wish to request a public hearing, you must submit your request in writing. You must state (1) your name, mailing address and daytime phone number; (2) the application number, TNRCC docket number or other recognizable reference to the application; (3) the statement I/we request an evidentiary public hearing; (4) a brief description of how you, or the persons you represent, would be adversely affected by the granting of the application; and (5) a description of the location of your property relative to the applicant's operations. Requests for a public hearing or questions concerning procedures should be submitted in writing to the Chief Clerk's Office, Park 35 TNRCC Complex, Building F, Room 1101, Texas Natural Resource Conservation Commission, Mail Code 105, P.O. Box 13087, Austin, Texas 78711. Individual members of the public who wish to inquire about the information contained in this notice, or to inquire about other agency permit applications or permitting processes, should call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040. Issued in Austin, Texas, on September 26, 1997. TRD-9712823 Eugenia K. Brumm, Ph.D. Chief Clerk Texas Natural Resource Conservation Commission Filed: September 26, 1997 Notice Of Application For Municipal Solid Waste Management Facility Permit For the Period of September 22, 1997 through September 26, 1997 WASTE MANAGEMENT OF TEXAS, INC. for an amendment, Proposed Permit Amendment Number MSW2093-A, to authorize both lateral and vertical expansion to the permitted facility. The amendment will increase the maximum fill height of the completed landfill from the currently permitted 742 feet mean sea level on the eastern portion of the site to 850 feet mean sea level on the western portion of the site and will increase the permitted acreage from the currently permitted 176.44 acres to 478.52 acres. The permittee is authorized to dispose of municipal solid waste resulting from or incidental to municipal, community, commercial, institutional and recreational activities; municipal solid waste resulting from construction or demolition projects, Class 1 non-hazardous industrial solid waste, Class 2 industrial solid waste, Class 3 industrial solid waste and special wastes that are properly identified. The acceptance of Class 1 non-hazardous industrial solid waste and Class 2 and 3 industrial solid waste, and/or special waste is contingent upon such waste being handled in accordance with 30 TAC sec.330.136 and sec.330.137, and in accordance with limitations and special provisions provided in the permit and application. Other solid waste may be accepted on a case by case basis with prior written approval from the executive director. The average waste acceptance rate of municipal solid waste is projected to be approximately 5,000 tons per day including Class 1 non- hazardous industrial solid waste. The maximum daily volume of incoming waste will vary with the solid waste disposal needs of those served by the landfill and is not limited to the projected maximum rate. The site would be authorized to operate 24 hours per day, Monday through Sunday. The facility is located at 8611 Covel Road, approximately 1.25 miles to the southwest of the intersection of Ray Ellison Boulevard and Interstate Highway 410 in San Antonio, Bexar County, Texas. If you wish to request a public hearing, you must submit your request in writing. You must state (1) your name, mailing address and daytime phone number; (2) the application number, TNRCC docket number or other recognizable reference to the application; (3) the statement I/we request an evidentiary public hearing; (4) a brief description of how you, or the persons you represent, would be adversely affected by the granting of the application; and (5) a description of the location of your property relative to the applicant's operations. Requests for a public hearing or questions concerning procedures should be submitted in writing to the Chief Clerk's Office, Park 35 TNRCC Complex, Building F, Room 1101, Texas Natural Resource Conservation Commission, Mail Code 105, P.O. Box 13087, Austin, Texas 78711. Individual members of the public who wish to inquire about the information contained in this notice, or to inquire about other agency permit applications or permitting processes, should call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040. Issued in Austin, Texas, on September 26, 1997. TRD-9712825 Eugenia K. Brumm, Ph.D. Chief Clerk Texas Natural Resource Conservation Commission Filed: September 26, 1997 Notice of Applications for Waste Disposal/Discharge Permits Attached are Notices of Applications for waste disposal/discharge permits issued during the period of September 22 trough September 26, 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. ABB VETCO GRAY, INC., 12221 North Houston Rosslyn Road, Houston, Texas 77086; The wastewater treatment facilities are located at 12221 North Houston-Rosslyn Road, approximately 1.0 mile south of Farm-to-Market Road 149 in Harris County, Texas; renewal; Permit Number 11651-001. CARGILL, INC., 16150 Peninsula Boulevard, Channelview, Texas 77530-9998; the wastewater treatment facilities are located at 16150 Peninsula Boulevard, approximately 3,300 feet southeast of the intersection of Jacintoport Boulevard and Peninsula Boulevard in Harris County, Texas; renewal; Permit Number 12231- 001. CENTER CITY OF, P.O. Box 1744, Center, Texas; the Mill Creek Water Treatment Plant; is located north of Lake Center, approximately 3 miles south-southeast of the intersection of U.S. Highway 96 and State Highway Spur 500 in Shelby County, Texas; renewal; Permit Number 10063-004. COASTAL CHEMICAL COMPANY, INC, 3205 Pasadena Boulevard, Pasadena, Texas 77503; an organic chemical bulk storage and distribution facility; the plant site is located on the north side of Pasadena Boulevard, approximately 11,500 feet south-southwest of the intersection of State Highway 225 and East Belt Drive, Harris County, Texas; renewal; Permit Number 03483. COGEN LYONDELL, INC., P.O. Box 968, Channelview, Texas 77530; a steam and electricity cogeneration facility; the plant site is located adjacent to the intersection of Avenue C and 5th Street in the Arco Lyondell Chemical plant in the City of Channelview, Harris County, Texas; amendment; Permit Number 02845. EASTMAN CHEMICAL COMPANY, P.O. Box 7444, Longview, Texas 75607; the plant which manufactures chemicals and plastics is located on the south side of Interstate Highway 20, at the intersection of Interstate Highway 20 and State Highway 149, south of the City of Longview, Harrison County, Texas; amendment; Permit Number 00471. EVANT CITY OF, P.O. Box 10, Evant, Texas 76525; the Evant Wastewater Treatment Facilities are located approximately 200 feet south of Live Oak Street near the southeast corner of the City of Evant in Coryell County, Texas; renewal; Permit Number 11011-01. FRY ROAD MUNICIPAL UTILITY DISTRICT, c/o Young & Brooks, 1415 Louisiana, 5th Floor, Houston, Texas 77002; the wastewater treatment facilities are located at 19903 Franz Road, approximately 1,000 feet west of the intersection of Franz Road and Fry Road in Harris County, Texas; renewal; Permit Number 11989-001. GRAND SALINE CITY OF, P.O. Box 217, City of Grand Saline, Texas 75140; the wastewater treatment facilities are located east of the intersection of the T&P Railroad and State Highway 110, approximately 0.5 mile east-southeast of the intersection of U.S.Highway 80 and State Highway 110 in the City of Grand Saline in Van Zandt County, Texas; renewal; Permit Number 10179-001. JAMES H. GLANVILLE COMPANY, 12 Greenway Plaza, Suite 212, Houston, Texas 77046; the Port of Greens Bayou Wastewater Treatment Facilities are located at the confluence of Greens Bayou and the Houston Ship Channel on the north bank of the Houston Ship Channel and on the west bank of Greens Bayou in Harris County, Texas; renewal; Permit Number 12313-001. JIM NEED INDEPENDENT SCHOOL DISTRICT, P.O. Box 9, Tuscola, Texas 79562; the wastewater treatment facilities and disposal site are located north of the intersection of Avenue E and Fourth Street in Lawn, Taylor County, Texas; renewal; Permit Number 11908-001. MARBLE FALLS CITY OF, 800 Third Street, Marble Falls, Texas 78654; the wastewater treatment facility is located on the southwest corner of the intersection of South 1st Street and Avenue L, I the City of Marble Falls in Burnet County, Texas; renewal; Permit Number 10654-003. NIXON CITY OF, 100 West Third Street, Nixon, Texas 78140; the wastewater treatment facilities are located approximately 1.5 miles north of the intersection of U.S Highway 87 and State Highway 80 on the south bank of the Clear Fork of the Sandies Creek; north of Nixon in Gonzalez County, Texas; renewal; Permit Number 10234-001. PANALPINA, INC., 18600 Lee Road, Humble, Texas 77338; the wastewater treatment facilities are located approximately 500 feet east of Lee Road at a point approximately 1,800 feet north of the intersection of Will Clayton Parkway and Lee Road in Harris County, Texas; renewal; 12418-001. SUBLIGHT ENTERPRISES, INC., 601 Highway 181, Portland, Texas 78374; the wastewater treatment facilities are located approximately 200 feet north of U.S. Highway 181 and approximately 3/4 mile southwest of the intersection of Farm-to- Market Road 893 (Portland Road) and U.S. Highway 181 in the City of Portland in San Patricio County, Texas; renewal; Permit Number 11096-001. VALL, INC., dba VC Swine, Inc., 112 W. Main, P.O. Box 426, Texhoma, Ok 73949; The location of the swine facility is approximately three miles east of the intersection of U.S. Highway 287 and an unnamed county road and approximately one half mile north of the intersection of the unnamed county road and Farm-to- Market Road 2232 in Sherman County, Texas; new; Permit-By-Rule Number 03972. Issued in Austin, Texas, on September 26, 1997. TRD-9712827 Eugenia K. Brumm, Ph.D. Chief Clerk Texas Natural Resource Conservation Commission Filed: September 26, 1997 Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions The Texas Natural Resource Conservation Commission (TNRCC) Staff is providing an opportunity for written public comment on the listed Default Orders. The TNRCC Staff proposes Default Orders when the Staff has sent an Executive Director's Preliminary Report (EDPR) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance, and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPR. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the TNRCC pursuant to the Texas Water Code, sec.7.075, this notice of the proposed orders and the opportunity to comment is 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 November 2, 1997. The TNRCC will consider any written comments received and the TNRCC may withdraw or withhold approval of a Default Order if a comment discloses facts or consideration that indicate that the consent to the proposed Default Order is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's jurisdiction, or the TNRCC's orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed Default Order is not required to be published if those changes are made in response to written comments. A copy of each of the proposed Default Orders is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Written comments about the Default Order should be sent to the attorney designated for the Default Order 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 November 2, 1997. Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the Default Order and/or the comment procedure at the listed phone numbers; however, comments on the Default Order should be submitted to the TNRCC in writing. (1)COMPANY: L & L Motors Incorporated and Lewis Moon; DOCKET NUMBER: 97-0111- AIR-E; ACCOUNT NUMBER: DB-1874; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: used car dealership; RULES VIOLATED: 30 TAC sec.114.1(c)(1) and (2) and the Texas Clean Air Act, sec.382.085(b) by offering for sale a motor vehicle not equipped with the proper air pollution control devices; PENALTY: $500; STAFF ATTORNEY: Kara Salmanson, Litigation Support Division, MC 175, (512) 239-1738; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 795-2519. (2)COMPANY: Torres Dickerson; DOCKET NUMBER: 97-0469-MSW-E; ACCOUNT NUMBER: Enforcement ID Number 2888; MSW Disposal Site Number 33477; LOCATION: Hungerford, Wharton County, Texas; TYPE OF FACILITY: unauthorized municipal solid waste site; RULES VIOLATED: 30 TAC sec.330.4(a) and sec.330.5(a), and the Texas Health and Safety Code, sec.361.223(a) and TWC, sec.26.121 by permitting the storage, processing, removal, or disposal of municipal solid waste without a permit, transportation, processing, or disposal of municipal solid waste as to cause the discharge or imminent threat without obtaining specific authorization for discharge and the creation and maintenance of nuisance, or the endangerment of human health and welfare or the environment, by failing to take any measures to prevent off-site discharges; PENALTY: $9,200; STAFF ATTORNEY: Booker Harrison, Litigation Support Division, MC 175, (512) 239-3400; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, (713) 767-3500. Issued in Austin, Texas, on September 29, 1997. TRD-9712890 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: September 29, 1997 Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions The Texas Natural Resource Conservation Commission (TNRCC) Staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to the Texas Water Code, sec.7.075. Section 7.075 requires that before the TNRCC may approve these AOs, the TNRCC shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register not later than the 30th day before the date on which the public comment period closes, which in this case is November 2, 1997. Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withdraw or hold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's Orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes 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 A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Written comments about these AOs should be sent to the attorney 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 November 2, 1997. Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, Section 7.075 provides that comments on the AOs should be submitted to the TNRCC in writing. (1)COMPANY: Ben Walters dba Owl Creek Park Water Supply; DOCKET NUMBER: 96-1648- PWS-E; ACCOUNT NUMBER: PWS Number 0140163; LOCATION: Lake Belton, Bell County, Texas; TYPE OF FACILITY: public drinking water system; RULE VIOLATED: 30 TAC sec.290.120(c)(5) and the Texas Clean Air Act (the Act), sec.341.031 by failing to submit to the commission water samples for lead/copper analysis; PENALTY: $0; STAFF ATTORNEY: Kara Salmanson, Litigation Support Division, MC 175, (512) 239- 1738; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7807, (817) 751-0335. (2)COMPANY: Fisher Auto Sales; DOCKET NUMBER: 97-0137-AIR-E; ACCOUNT NUMBER: TA- 2219-U; LOCATION: Halcom City, Tarrant County, Texas; TYPE OF FACILITY: used car lot; RULE VIOLATED: 30 TAC sec.114.1(c)(1) and (2) and the Act, sec.382.085(b) by offering for sale two different vehicles on two separate occasions with missing and/or inoperable required emission control systems; PENALTY: $500; STAFF ATTORNEY: Hodgson Eckel, Litigation Support Division, MC 175, (512) 239- 2195; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 795-2519. (3)COMPANY: Industrial Chrome Plate; DOCKET NUMBER: 96-1821-IHW-E; ACCOUNT NUMBER: SWR Number 32312; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: electroplating facility; RULE VIOLATED: 30 TAC sec.335.4 and sec.335.69(a)(1) and (d), and 40 Code of Federal Regulations (CFR), sec.sec.265.173(a), 265.191(b), 265.193, 265.195(a)(2) and (4), and TWC, sec. 26.121, Texas Water Commission Imminent and Substantial Endangerment Order, Order Provision Number 3(a), by failing to close hazardous waste containers in two satellite accumulation areas, by failing to assess and certify that an existing tank system met the standards of a hazardous waste tank system, by failing to have secondary containment for a hazardous waste tank which met the minimum standards, and by failing to inspect hazardous waste tanks daily and to keep records of the inspections, by failing to prevent a discharge to the environment, by allowing the discharge of contaminated storm water from the facility, and failing to ensure that all industrial solid wastes and residues, contaminated soil, leachate, runoff, or wastewater were managed so as to not cause the discharge or threat of discharge of waste into or adjacent to the waters of the state; PENALTY: $28,240; STAFF ATTORNEY: Barbara Lazard, Litigation Support Division, MC 175, (512) 239-0674; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096. (4)COMPANY: Southwestern Water Corporation; DOCKET NUMBER: 96-0594-MLM-E; ACCOUNT NUMBER: PWS Numbers 2270166, 2270054, and 2460026 and Permit Number 13293-001; LOCATION: Hayes, Travis, and Williamson Counties; TYPE OF FACILITY: wastewater treatment plants and public water systems; RULES VIOLATED: 30 TAC sec.sec.290.41(c)(3)(N) and (O), 290.42(e)(6), 290.43(c)(2) and (3), 290.45(b)(1)(C), 290.46(e)(1), (t), and (u), and the Code, sec.26.121, and Permit 13293-001 by failing to provide a water well capacity of 0.6 gallons per minute per connection, by failing to provide a minimum pressure of 35 pounds per square inch throughout the distribution system under normal operating conditions, by failing to operate under the direct supervision of a certified operator, by failing to provide each storage tank with access openings in accordance with current standards, by failing to provide an overflow device at ground level or located near enough and at a position accessible from a ladder or the balcony for inspection purposes, by failing to have a door for each chlorinator room, by failing to provide continuous and adequate service, by failing to provide a minimum pressure tank capacity of 20 gallons per connection, by failing to protect water production and storage facilities with an intruder-resistant fence, by failing to provide a total pump capacity of 2.0 gallons per minute per connection, by failing to provide accurate water usage records, failing to maintain watertight discharge lines, and by failing to provide accurate monthly effluent reports, unauthorized discharge of wastewater, and exceedance of CBOD5 and NH3 permit limits; PENALTY: $51,222; STAFF ATTORNEY: Guy Henry, Litigation Support Division, MC 175, (512) 239-6259; REGIONAL OFFICE: 1921 Ceder Bend, Suite 150, Austin, Texas 78758-5336, (512) 339-3795. Issued in Austin, Texas, on September 29, 1997. TRD-9712889 Kevin McCalla Director, Legal Division Texas Resource Conservation Commission Filed: September 29, 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 November 2, 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 November 2, 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)COMPANIES: Bernard L. Braddock, Donald F. Braddock, Royce E. & Lanell Burns, Sandra D. Cambiaso, Johnny D. Dunham, Deborah L. Hankey, Robert W. Hoover, Jr., John W. Jackson, George F. Jones, Thelma Karpiuk (deceased), Fred E. Lewis, Jerry Locke, Stanley W. McBride, Bernard A. Pesak, Lynn M. Purcell, David Saldana, Deborah P. Smith, Johnny Tauzin, Marylynn Wagner, and Kenneth R. Wall; DOCKET NUMBER: 96-1763-MWD-E; ACCOUNT NUMBER: Enforcement Identification Number 8799; LOCATION: Extraterritorial Jurisdiction of the City of Alvin, Brazoria County, Texas; TYPE OF FACILITY: wastewater system; RULE VIOLATED: The Code, sec.26.121, by engaging in an activity contributing to an unauthorized discharge which continues to cause pollution of water in the State of Texas; PENALTY: $307; ENFORCEMENT COORDINATOR: Merrilee Mears, (512) 239-4490; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486 (713) 767-3500. (2)COMPANY: Buster Concrete and Materials, Incorporated; DOCKET NUMBER: 97-0705- AIR-E; ACCOUNT NUMBER: HV-0044-C; LOCATION: Greenville, Hunt County, Texas; TYPE OF FACILITY: asphalt concrete plant; RULE VIOLATED: 30 TAC sec.116.115 and the Act, sec.382.085(b), by failing to maintain pressure drop at or above eight inches of water as required by Special Provision 5 of TNRCC Permit Number 207, and by failing to maintain records of maintenance, scrubber pressure drop, watering of roads and stockpiles, duration of start-up, duration of shutdown, and duration of malfunctions as required by Special Provision 32 of TNRCC Permit Number 207; PENALTY: $1,600; ENFORCEMENT COORDINATOR: David Edge, (512) 239- 1779; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (3)COMPANY: Compound Manufacturing Distribution; DOCKET NUMBER: 97-0322-MLM-E; ACCOUNT NUMBER: LH-0178-A; LOCATION: Dayton, Liberty County, Texas; TYPE OF FACILITY: polymer manufacturing and distribution 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 a standard exemption; and 30 TAC sec.335.4 and the Code, sec.26.121, by failing to prevent an unauthorized discharge of industrial wastes to the soils at the plant; PENALTY: $2,970; ENFORCEMENT COORDINATOR: Adele Noel, (512) 239-1045; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500. (4)COMPANY: Diamond Shamrock Refining and Marketing Company; DOCKET NUMBER: 97- 0269-IWD-E; ACCOUNT NUMBER: Registration Number L-99228; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: treatment system for the remediation of contaminated ground water; RULE VIOLATED: 30 TAC sec.321.133(c)(2)(A), by exceeding the 0.5 milligram per liter (mg/l) limitation for benzene, toluene, ethylbenzene, and total xylene and by exceeding the 0.05 mg/l limitation for benzene; PENALTY: $2,760; ENFORCEMENT COORDINATOR: Merrilee Mears, (512) 239- 4490; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas, 77023-1486, (713) 767-3500. (5)COMPANY: Five Points Salt Water Disposal; DOCKET NUMBER: 97-0573-AIR-E; ACCOUNT NUMBER: ML-0181-B; LOCATION: Midland, Midland County, Texas; TYPE OF FACILITY: salt water disposal plant; RULE VIOLATED: 30 TAC sec.116.115(a), Permit Number 21407, Special Provision Number 6, Agreed Order Number 93-02(e), and the Act, sec.382.085(b), by failing to maintain the flare automatic re- ignition system in good working order during normal operations; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Kevin Cauble, (512) 239-1874; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5421, (915) 570- 1359. (6)COMPANY: Hi-Plains Truck and Body; DOCKET NUMBER: 97-0401-AIR-E; ACCOUNT NUMBER: PG-0151-J; LOCATION: Amarillo, Potter County, Texas; TYPE OF FACILITY: automotive 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 failing to obtain a permit or satisfy the conditions for an exemption prior to constructing and operating an automotive paint and body shop; PENALTY: $500; ENFORCEMENT COORDINATOR: Kevin Cauble, (512) 239-1874; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251. (7)COMPANY: Huntsman Petrochemical Corporation; DOCKET NUMBER: 97-0354-AIR-E; ACCOUNT NUMBER: JE-0052-V; LOCATION: Port Neches, Jefferson County, Texas; TYPE OF FACILITY: petrochemical manufacturing plant; RULE VIOLATED: 30 TAC sec.116.115(a) and the Act, sec.382.085(b), by failing to properly record the oxygen and carbon monoxide data from the continuous emission monitors at Boiler Numbers 1 and 2 as required by Permit Number 9504, Special Condition 15; and 30 TAC sec.120.11 and the Act, sec.382.085(b), by failing to properly record the oxygen and carbon monoxide data from the continuous emission monitors at the Red Oil Incinerator as required by Permit Number HW-50055-000, Provision IV.E.8; PENALTY: $5,600; ENFORCEMENT COORDINATOR: Lawrence King, (512) 239-1405; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838. (8)COMPANY: Johnny Bradshaw D.B.A. Ridge Rock Grocery & Coach's BBQ; DOCKET NUMBER: 96-1494-PWS-E; ACCOUNT NUMBER: Public Water Supply Number 0480018; LOCATION: Paint Rock, Concho County, Texas; TYPE OF FACILITY: public water system; RULE VIOLATED: 30 TAC sec.290.105(b), by having an acute Maximum Contaminant Level Violation for microbiological contaminants; 30 TAC sec.290.106(a), by failing to submit bacteriological samples; 30 TAC sec.290.106(b), by failing to submit the proper number of bacteriological samples; 30 TAC sec.290.103(5), by failing to provide public notification of the above listed violations; 30 TAC sec.290.112, by failing to maintain records of bacteriological analyses for at least ten years and records of actions taken to correct violations of primary drinking water regulations for at least three years; 30 TAC sec.290.106(a)(1), by failing to collect bacteriological samples from active service connections which are representative of water throughout the distribution system; 30 TAC sec.290.113, by exceeding the maximum permissible levels for sulfate, total dissolved solids, iron, and manganese concentrations; 30 TAC sec.290.42(e), by failing to provide disinfection equipment so that continuous and effective disinfection can be secured under all conditions; 30 TAC sec.290.44(d), by failing to maintain a minimum residual pressure of 35 pounds per square inch; 30 TAC sec.290.46(k), by failing to properly disconnect well Number 1 from the distribution system and providing an interconnection to an unapproved water supply; 30 TAC sec.290.41(c)(3)(p), by failing to provide an all-weather access road to the Number 2 well site; 30 TAC sec.290.41(c)(1)(D), by failing to keep grazing livestock at least 50 feet away from a public water supply well; and 30 TAC sec.290.41(c)(1)(F), by failing to obtain a sanitary easement from adjacent landowners and record at the county courthouse; PENALTY: $0; ENFORCEMENT COORDINATOR: Claudia A. Chaffin, (512) 239-4717; REGIONAL OFFICE: 301 West Beauregard Avenue, Suite 202, San Angelo, Texas 76903-6326, (915) 655-9479. (9)COMPANY: Modern, Incorporated; DOCKET NUMBER: 97-0371-AIR-E; ACCOUNT NUMBER: HF-0057-V; LOCATION: Lumberton, Hardin County, Texas; TYPE OF FACILITY: steel container manufacturing plant; RULE VIOLATED: 30 TAC sec.116.115(a) and the Act, sec.382.085(b), by allowing total volatile organic compound (VOC) emissions from plant operations to exceed six pounds per hour; and 30 TAC sec.115.421(a)(9)(A)(iii) and Agreed Order Number 96-0052-AIR-E and the Act, sec.382.085(b), by using coatings with VOC contents greater than 3.5 pounds per gallon of coating delivered to the application system as an extreme performance coating; PENALTY: $10,000; ENFORCEMENT COORDINATOR: Lawrence King, (512) 239- 1405; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703- 1892, (409) 898-3838. (10)COMPANY: Southern Clay Products, Inc.; DOCKET NUMBER: 97-0381-AIR-E; ACCOUNT NUMBER: GG-0029-J; LOCATION: Gonzales, Gonzales County, Texas; TYPE OF FACILITY: organoclay plant; RULE VIOLATED: By letter dated July 31, 1996, Southern Clay Products, Incorporated voluntarily disclosed the following regarding the operation of its organoclay plant, pursuant to the Environmental, Health, and Safety Audit Privilege Act, Texas Civil Statutes, Article 4447cc, sec.10 for the following reasons: the Number 1 filter press and the quaternary ammonium chloride storage tanks were replaced without obtaining an air permit; the float cells were installed at the organoclay plant without obtaining a permit for the resulting isopropyl alcohol (IPA) emissions; a dryer/filter was constructed in 1986 and authorized by Special Permit Number 16759, but the permit did not cover the IPA emissions from the unit; Special Permit Number 16759 was amended in 1988 to authorize the simultaneous use of two dryers, but the amendment did not address the installation of a second wet processing line and a second filter press unit; wastewater containing IPA was directed to the wastewater pond without first obtaining an air permit for the IPA emissions; Special Permit Number 16759 was amended to allow the addition of a fluid bed dryer, but the amendment application did not identify the addition of filter press Number 3 nor did the amendment account for the IPA emissions from the press and dryer; a new settling/irrigation facility and a dry process steam dryer were constructed in 1994 without obtaining an air permit; a mill and bag packer vented to a common baghouse and a predryer were installed, but not all of the applicable requirements of the New Source Performance Standards, Subparts OOO and UUU, were met; Special Provisions 1-3 of Special Permit Number 16759 were violated; an initial emissions inventory was not timely filed, nor were any emissions inventory updates submitted; and emission fees were underpaid; PENALTY: $0; ENFORCEMENT COORDINATOR: Sabelyn A. Pussman, (512) 239-6061; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (512) 980-3100. (11)COMPANY: The City of Electra; DOCKET NUMBER: 97-0415-MWD-E; ACCOUNT NUMBER: Permit Number 10020-001; LOCATION: Electra, Wichita County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: Permit Number 10020-001 and the Code, sec.26.121, by discharging effluent that was substantially noncompliant with the total suspended solids daily average concentration permit limit of 90 milligrams per liter; PENALTY: $0; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 209 South Danville, Suite 200B, Abilene, Texas 79605-1451, (915) 698-9674. (12)COMPANY: The City of Henderson; DOCKET NUMBER: 97-0487-MWD-E; ACCOUNT NUMBER: Permit Number 10187-001; LOCATION: Henderson, Rusk County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: Permit Number 10187-001 and the Code, sec.26.121, by substantially exceeding the ammonia-nitrogen permit limitation for four consecutive months; PENALTY: $14,720; ENFORCEMENT COORDINATOR: Merrilee Mears, (512) 239-4490; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100. (13)COMPANY: The City of Ranger; DOCKET NUMBER: 97-0334-MWD-E; ACCOUNT NUMBER: Permit Number 11557-001; LOCATION: Ranger, Eastland County, Texas; TYPE OF FACILITY: domestic wastewater treatment plant; RULE VIOLATED: Permit Number 11557-001 and the Code, sec.26.121, by exceeding the five-day biochemical oxygen demand daily average concentration limitation; PENALTY: $15,200; ENFORCEMENT COORDINATOR: Roxanne Cook, (512) 239-4496; REGIONAL OFFICE: 209 South Danville, Suite 200B, Abilene, Texas 79605-1451, (915) 698-9674. (14)COMPANY: Windsor Park Veterinary Clinic; DOCKET NUMBER: 97-0740-AIR-E; ACCOUNT NUMBER: TH-0674-V; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: veterinary clinic; RULE VIOLATED: 30 TAC sec.116.110(a) and the Act, sec.382.085(b) and sec.382.0518(a), by operating pathological waste incinerators without first obtaining a permit or meeting the conditions of a permit exemption; PENALTY: $0; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 1921 Cedar Bend, Suite 150, Austin, Texas 78758-5336, (512) 339-2929. Issued in Austin, Texas, on September 23, 1997. TRD-9712636 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: September 23, 1997 Notice of Public Hearing (Chapter 70) Notice is hereby given that under the requirements of Texas Health and Safety Code, sec.382.017 and Texas Government Code, Subchapter B, Chapter 2001, the Texas Natural Resource Conservation Commission (TNRCC or commission) will conduct a public hearing to receive testimony concerning revisions to Chapter 70. The commission proposes the repeal of sec.70.4, concerning Annual Enforcement Report. The purpose of the proposed action is to streamline agency reporting of enforcement actions, as well as to implement new Water Code, sec.5.123, as added by House Bills 1133 and 1367, 75th Legislature, 1997, which requires the commission to prepare an electronic enforcement report. A public hearing on the proposal will be held November 3, 1997, at 10:00 a.m. in Room 2210 of Texas Natural Resource Conservation Commission (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 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 97158- 070-AD. Comments must be received by 5:00 p.m., November 3, 1997. For further information, please contact Brian Christian, Policy Research Division, (512) 239-1760. 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 17, 1997. TRD-9712650 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: September 23, 1997 Revised Notice of Receipt of Application and Declaration of Administrative Completeness for Municipal Solid Waste Management Facility For The Period of September 22, 1997 through September 26, 1997 APPLICATION BY BROWNING-FERRIS, INC., Proposed Permit Number MSW1948-A, to authorize an amendment for vertical expansion of a Type I municipal solid waste management facility permit. The permit would allow the applicant to receive approximately 606 tons of municipal solid waste per day. The existing site covers approximately 134.55 acres of land and is located approximately 3.2 miles north of Donna, Texas and within the ETJ of the City of Donna, approximately 1/4 mile east of FM 493 with access provided to the landfill from Mile 12 North Road in Hildalgo County, Texas. APPLICATION BY ECD LANDFILL, INC., Proposed Permit Number MSW1745-A, to authorize an amendment for vertical and lateral expansion of a Type I municipal solid waste management facility permit. The permit would allow the applicant to receive an average of 2,227 tons of municipal solid waste per day over the life of the site. The site will cover approximately 352.6 acres of land and is located approximately 4 miles north of Ennis, 0.75 mile north of Garrett, and 1.8 miles south of Palmer in Ellis County, Texas. If you wish to request a public hearing, you must submit your request in writing. You must state (1) your name, mailing address and daytime phone number; (2) the application number, TNRCC docket number or other recognizable reference to the application; (3) the statement I/we request an evidentiary public hearing; (4) a brief description of how you, or the persons you represent, would be adversely affected by the granting of the application; and (5) a description of the location of your property relative to the applicant's operations. Requests for a public hearing or questions concerning procedures should be submitted in writing to the Chief Clerk's Office, Park 35 TNRCC Complex, Building F, Room 1101, Texas Natural Resource Conservation Commission, Mail Code 105, P.O. Box 13087, Austin, Texas 78711. Individual members of the public who wish to inquire about the information contained in this notice, or to inquire about other agency permit applications or permitting processes, should call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040. Issued in Austin, Texas, on September 26, 1997. TRD-9712822 Eugenia K. Brumm, Ph.D. Chief Clerk Texas Natural Resource Conservation Commission Filed: September 26, 1997 Notice of Receipt of Application and Declaration of Administrative Completeness for Municipal Solid Waste Management Facility For The Period of September 22, 1997 through September 26, 1997 APPLICATION BY CITY OF BROWNWOOD, Proposed Permit Amendment Number MSW1562-A, to authorize an amendment for horizontal and vertical expansion to a Type I municipal solid waste management facility permit. The facility is to daily receive approximately 170 tons of solid waste. The permit boundary covers approximately 648 acres of land and includes a 130-acre landfill. The proposed amended site is located approximately one mile south of Brownwood and immediately east of Camp Bowie in Brown County, Texas. The existing site entrance is located on County Road 237 (Indian Creek Road) approximately 1.5 miles south of FM 45. If you wish to request a public hearing, you must submit your request in writing. You must state (1) your name, mailing address and daytime phone number; (2) the application number, TNRCC docket number or other recognizable reference to the application; (3) the statement I/we request an evidentiary public hearing; (4) a brief description of how you, or the persons you represent, would be adversely affected by the granting of the application; and (5) a description of the location of your property relative to the applicant's operations. Requests for a public hearing or questions concerning procedures should be submitted in writing to the Chief Clerk's Office, Park 35 TNRCC Complex, Building F, Room 1101, Texas Natural Resource Conservation Commission, Mail Code 105, P.O. Box 13087, Austin, Texas 78711. Individual members of the public who wish to inquire about the information contained in this notice, or to inquire about other agency permit applications or permitting processes, should call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040. Issued in Austin, Texas, on September 26, 1997. TRD-9712824 Eugenia K. Brumm, Ph.D. Chief Clerk Texas Natural Resource Conservation Commission Filed: September 26, 1997 Provisionally-Issued Temporary Permits to Appropriate State Water Listed below are permits issued during the period of September 26, 1997. Application Number TA-7872 by Hunter Industries, Inc. for diversion of 1 acre- foot in a 2-month period for industrial (roadway construction) purposes. Water may be diverted from Harris Branch, Colorado River Basin, at the crossing of FM 764, at a point located approximately 12 miles northeast of Austin, Travis County, Texas and approximately 5 miles southeast of Pflugerville. Application Number TA-7873 by Duininck Bros., Inc. for diversion of 6 acre-feet in a 9-month period for industrial (roadway construction) use. Water may be diverted from the Clear Fork Trinity River, at the river crossing of State Hwy. 51 approximately 7 miles northeast of Weatherford, Parker County, Texas, Trinity River Basin, Texas. Application Number TA-7875 by Glenn-Wade Contractors, Inc. for diversion of 5 acre-feet in a 2-month period for industrial (roadway construction) use. Water may be diverted from Post Oak Creek, Trinity River Basin, approximately 13 miles southwest of Corsicana, Navarro County, Texas at the crossing of State Hwy. 31 and Post Oak Creek, Trinity River Basin. Application Number TA-7876 by Russell & Sons Construction Co. for diversion of 10 acre-feet in a 6-month period for industrial (roadway construction) use. Water may be diverted from Mill Creek, Sabine River Basin, approximately 10 miles north of Henderson, Rusk County, Texas at the crossing of Mill Creek at an unnumbered county road located between State Hwy. 322 and FM 782. 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 26, 1997. TRD-9712829 Eugenia K. Brumm, Ph.D. Chief Clerk Texas Natural Resource Conservation Commission Filed: September 26, 1997 Texas Department of Protective and Regulatory Services Request for Proposal-Healthy Families Planning Grant to Establish New Programs The Texas Department of Protective and Regulatory Services (TDPRS), Community Initiatives Division, is soliciting proposals for planning grants to start new Healthy Families programs in communities across Texas. Healthy Families services are targeted to new parents and their newborn infants for the first three to five years of life. Funds expended under contracts awarded under this RFP are intended to assist community organizations to establish intensive family visitation programs under the Healthy Families model as taught by Healthy Families America under the National Committee to Prevent Child Abuse or Healthy Start Hawaii. DESCRIPTION OF SERVICES: Funding under this RFP is available to help communities plan for the implementation of Healthy Families services in five Texas communities. During fiscal year 1998 funding will be used for planning and to build community partnerships. Contractors that successfully complete the planning year and are ready to begin service delivery in year 2 will be eligible for funds to begin service delivery in fiscal year 1999. Programs established under this RFP must commit to meet the criteria for critical program elements as prescribed by Healthy Families of America. In the first 60 days of year 2, service delivery staff must be trained by Healthy Families certified trainers using curriculum developed by the National Committee to Prevent Child Abuse (NCPCA) or Healthy Start of Hawaii. RFP RELEASE DATE: RFPs will be mailed to requestors on September 23, 1997 via certified mail. RFPs may be picked up at the address listed below on or after September 23, 1997 at 9:00 a.m. CLOSING DATE/EFFECTIVE DATE: November 7, 1997 at 3:00 p.m. Central Standard Time. Contracts awarded under this proposal take effect December 1, 1997. TERMS AND AMOUNT: Five planning contracts for $30,000 each will be awarded for 9 months in fiscal year 1998 with possible expansion to service delivery. During the planning year the contractor must provide cash or in- kind local match equal to a minimum of 20% of the $30,000 planning grant. These five planning grant contractors will be eligible, based on performance under the initial contract, to receive an additional contract for service delivery in fiscal year 1999. The service delivery contract may be renewed annually at the Department's discretion for an additional two years. Approximately $600,000 will be available for the five contracts for fiscal year 1999 with a 10% match requirement. In the first year of service delivery (fiscal year 1999) programs are expected to serve 30-60 families through the Healthy Families contract. SUBSEQUENT RFP: Five additional planning contracts will be awarded for fiscal year 1999 under a separate RFP. SELECTION CRITERIA: Selection will be based on the Plan of Operation (60%) and the Cost Information (40%). The Plan of Operation percentage points are as follows: 10%--Documentation of community need; 20%-- Documentation of community collaboration and partnership; 15%--Documentation of plans for implementing services according to the Healthy Families model; 15%-- Documentation of leadership, planning ability and staff qualifications; 60%--Total for plan of operation. CONTACT PERSON: Interested parties may receive a bid packet from : Mary Birnbaum (E-541); Texas Department of Protective and Regulatory Services; P.O. Box 149030; Austin, Texas 78714-9030; (512) 438-3755. Street Address: 701 West 51st Street, Fifth Floor, East Tower; Austin, Texas 78751. Issued in Austin, Texas, on September 15, 1997. TRD-9712727 C. Ed Davis Depuuty Commissioner for Legal Services Texas Department of Protective and Regulatory Services Filed: September 24, 1997 Texas State Board of Examiners of Psychologists Corrections of Error The Texas State Board of Examiners of Psychologists proposed an amendment to 22 TAC sec.463.32. The rule appeared in the August 26, 1997, issue of the Texas Register, (22 TexReg 8528). Section 463.32(b), the words "Completion of internship or experience. Applicants must have completed a" is new language and should be in bold letters. The Texas State Board of Examiners of Psychologists adopted new 22 TAC sec.465.3. The rule appeared in the August 26, 1997, issue of the Texas Register, (22 TexReg 8546). In the preamble, eighth paragraph, the word "tract" should be "track". Also in the preamble, tenth paragraph, the words in quotations "if these activities and services constitute a part of his supervised course of study" should not be in italics. The word "only" is the one word that should be italicized. The Texas State Board of Examiners of Psychologists adopted new 22 TAC sec.465.4. The rule appeared in the August 26, 1997, issue of the Texas Register, (22 TexReg 8547). In the preamble, fourth paragraph, the rule number should be "465.4" instead of "465.3". Public Utility Commission of Texas Notice of Application for Amendment to Service Provider Certificate of Operating Authority On September 19, 1997, Metro Access Network, 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. 60062. Applicant intends to change its name only. The Application: Application of Metro Access Network, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 18012. 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 October 8, 1997. You may contact 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. All correspondence should refer to Docket Number 18012. Issued in Austin, Texas, on September 22, 1997. TRD-9712629 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 22, 1997 Notice of Application to Amend Certificate of Convenience and Necessity Notice is given to the public of the filing with the Public Utility Commission of Texas an application on September 22, 1997, to amend a certificate of convenience and necessity pursuant to sec.sec.14.001, 52.002, 54.001, 54.005, 54.052 - 54.054, and 54.258 of the Public Utility Regulatory Act. A summary of the application follows. Docket Title and Number: Application of Southwestern Bell Telephone Company to Amend Certificate of Convenience and Necessity within Bell County, Docket Number 18018 before the Public Utility Commission of Texas. The Application: In Docket Number 18018, Southwestern Bell Telephone Company requests approval to amend the boundary between its Bartlett exchange and Central Telephone Company of Texas' Salado exchange to reflect the way the boundary is currently being administered. Persons who wish to intervene in the proceeding or 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 on or before October 29, 1997. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936- 7136. Issued in Austin, Texas, on September 25, 1997. TRD-9712779 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 25, 1997 Notices 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 19, 1997, for a service provider certificate of operating authority (SPCOA), pursuant to sec.sec.54.154 - 54.159 of the Public Utility Regulatory Act (PURA). A summary of the application follows. Docket Title and Number: Application of Intetech, L.C. for a Service Provider Certificate of Operating Authority, Docket Number 17909 before the Public Utility Commission of Texas. Applicant intends to provide resale business and residential local exchange service. Applicant's requested SPCOA geographic area includes the counties of Brazos and Travis. 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 October 8, 1997. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on September 22, 1997. TRD-9712627 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 22, 1997 Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on September 19, 1997, for a service provider certificate of operating authority (SPCOA), pursuant to sec.sec.54.154 - 54.159 of the Public Utility Regulatory Act (PURA). A summary of the application follows. Docket Title and Number: Application of Switched Services Communications, L.L.C. for a Service Provider Certificate of Operating Authority, Docket Number 17882 before the Public Utility Commission of Texas. Applicant intends to provide local exchange services. Applicant's requested SPCOA geographic area includes those local exchange areas served by Southwestern Bell Telephone Company and GTE Southwest, Inc., in the 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 October 8, 1997. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on September 22, 1997. TRD-9712630 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 22, 1997 Notice is given to the public of the filing with the Public Utility Commission of Texas an application on September 19, 1997, for a service provider certificate of operating authority (SPCOA), pursuant to sec.sec.54.154 - 54.159 of the Public Utility Regulatory Act (PURA). A summary of the application follows. Docket Title and Number: Application of Texas HomeTel, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 18010 before the Public Utility Commission of Texas. Applicant intends to provide business and residential resold local telecommunications services, including but not limited to flat-rate local exchange service, toll restrictions, caller ID, call control options, custom calling services, 911 emergency services and any other services which are available in every exchange served by Southwestern Bell Telephone Company and GTE Southwest, Inc. in the state of Texas. Applicant's requested SPCOA geographic area includes the geographic regions currently served by the following incumbent local exchange companies (ILECs) and hereby incorporates the boundaries of these ILECs as the boundary of its proposed service area: GTE Southwest, Inc., and Southwestern Bell Telephone Company. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than October 8, 1997. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on September 22, 1997. TRD-9712628 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 22, 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 22, 1997, for a service provider certificate of operating authority (SPCOA), pursuant to sec.sec.54.154 - 54.159 of the Public Utility Regulatory Act (PURA). A summary of the application follows. Docket Title and Number: Application of FaithNet Telecommunications, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 17946 before the Public Utility Commission of Texas. Applicant intends to resell local exchange service to business and residential customers in the counties of Dallas, Colin, Denton, Rockwall, and Tarrant. Applicant's requested SPCOA geographic area includes the geographic regions currently served by the following incumbent local exchange companies (ILECs) and hereby incorporates the boundaries of these ILECs as the boundary of its proposed service area: Southwestern Bell Telephone Company, GTE Southwest, Inc., and Sprint/United Telephone Company of Texas, Inc. 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 October 8, 1997. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on September 24, 1997. TRD-9712722 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 24, 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 of an application pursuant to PUBLIC UTILITY COMMISSION SUBSTANTIVE RULE 23.27 for a 233 station addition to the existing PLEXAR-Custom service for Eanes Independent School District in Austin, Texas. Tariff Title and Number: Application of Southwestern Bell Telephone Company for a 233 Station Addition to the Existing PLEXAR-Custom Service for Eanes Independent School District in Austin, Texas, pursuant to PUBLIC UTILITY COMMISSION SUBSTANTIVE RULE 23.27. Tariff Control Number 18028. The Application: Southwestern Bell Telephone Company is requesting approval for a 233 station addition to the existing PLEXAR-Custom service for Eanes Independent School District in Austin, Texas. The geographic service market for this specific service is the Austin 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 26, 1997. TRD-9712821 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 26, 1997 Public Notices of Interconnection Agreement On September 16, 1997, Southwestern Bell Telephone Company (SWBT) and Intermedia Communications, Inc. (Intermedia), 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 18001. 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 18001. 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 31, 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 18001. Issued in Austin, Texas, on September 23, 1997. TRD-9712675 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 23, 1997 On September 19, 1997, Southwestern Bell Telephone Company (SWBT) and MFS Communications Company, Inc. (MFS), 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 18011. 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 18011. 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 November 7, 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 18011. Issued in Austin, Texas, on September 23, 1997. TRD-9712676 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 23, 1997 Request for Additional Comments on Questions Relating to Nuclear Decommissioning Trusts The commission requests additional information from the parties responding to Project Number 14908, which proposes to amend Public Utility Commission of Texas (PUC) Substantive Rule sec.23.59, as published June 3, 1997, in the Texas Register (22 TexReg 4854). Response to these questions may be submitted to Filing Clerk, Public Utility Commission of Texas, 1701 North Congress, P.O. Box 13326, Austin, Texas 78711-3326 within 10 days of publication. If you need additional information, contact Martha Hinkle, Manager, Financial Analysis, at (512) 936-7435. 1. If the commission were to use the duration (or weighted average remaining life) of the decommissioning liability as proposed by Phoenix Duff & Phelps on page 9 of its comments, filed with the PUC on July 3, 1997 in Project Number 14908, to determine when to reduce the proportion of equity investments: a) During which year(s) would the duration of your plant's decommissioning liability be below four years? b) During which year(s) would the duration be less than two years? c) In what year do you expect decommissioning of your nuclear units to commence? d) In what year do you expect decommissioning to be complete? 2. If the commission were to reject the prudent investor standard, and elected to use the Standard and Poor's (S&P) earnings and dividend rankings for common stock, as provided in exhibit X of the comments filed by Phoenix Duff & Phelps, to assess the quality of the overall equity portfolio: a) What ranking would be appropriate to use? b) What is the composite rank of the S&P 500, assuming equal weighting? c) How difficult or burdensome would it be to check the composite ranking of the equity portfolio on a quarterly basis? d) Would this be a better measure to assess the overall equity portfolio than the bond rating standard currently in place? e) Are there any other ratings or standards that could be used to assess the quality of the equity portfolio that would be better or easier to use? (i.e. Value Line safety ranking, etc.) (Please provide supporting documentation for your answers, if applicable) 3. Should utilities be required to appoint an investment manager when the trust achieves a certain size? a) If so, what amount of jurisdictional trust dollars is appropriate for requiring an independent manager? b) Should utilities be required to appoint an investment manager to manage the equity portfolio if the equity portfolio is not in commingled funds? c) Do you have an independent investment manager? d) If so, what part of the portfolio does he/she manage? (Please explain the rationale for your answers, if applicable.) Issued in Austin, Texas, on September 25, 1997. TRD-9712780 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 25, 1997 Railroad Commission of Texas Correction of Error The Railroad Commission of Texas adopted an amendment to 16 TAC sec.3.37. The rule appeared in the September 5, 1997, issue of the Texas Register, (22 TexReg 8973). On page 8974, sec.3.37(a)(2), last sentence, the last word of the sentence was incorrectly submitted as "date" but should be "data". Sunset Advisory Commission Request for Proposal Pursuant to House Bill 3281, 75th Session, the Sunset Advisory Commission announces its intent to issue a formal request for proposal for conducting a comprehensive analysis of the structure, efficiency and effectiveness of the Attorney General's Child Support Enforcement Division. The Commission expects to issue the request in mid-October. Interested firms with extensive experience in evaluating government programs may contact the Sunset Commission at (512) 463- 1300 for additional information. Issued in Austin, Texas, on September 25, 1997. TRD-9712796 Joey Longley Director Sunset Advisory Commission Filed: September 25, 1997 Texas Department of Transportation Notice of Invitation Notice of Invitation: The Yoakum District of the Texas Department of Transportation (TxDOT) intends to enter a contract with a professional engineer, pursuant to Government Code, Chapter 2254, Subchapter A, and 43 TAC sec.sec.9.30-9.43, to provide the following services. To be considered, a prime provider and any subproviders proposed on the team must be precertified by the deadline date for receiving the letter of interest for each of the advertised work category(s), unless the work category is a non-listed work category. To qualify for contract award, a selected prime engineer must perform a minimum of 30% of the actual contract work. Contract Number 13-845P5001 - The precertified work categories and the percent of work per category are: 3.5.1 - Major Bridge Layout (3%); 4.2.1 - Major Roadway Design (80%); 8.1.1 - Signing, Pavement Marking and Channelization (4%); 10.1.1 - Hydrologic Studies (4%); 10.2.1 - Basic Hydraulic Design (6%); 10.5.1 - Bridge Scour Evaluations and Analysis (1%); 15.2.1 - Design Survey (2%). The work to be performed shall consist of the preparation of plan, specification, and estimate (PS&M) documents to construct US 77, 7.5 km North of Victoria city limits South to Northside Road. The project will consist of widening an existing two lane roadway with shoulders to a four lane divided roadway with a grassy median. Long List Criteria: TxDOT will consider the following criteria in its review of all interested providers. 1. Past Performance Scores Minimum requirements - Must have two good references from other entities on similar type of work. Preferred requirements - Must have three good references which can be verified from other entities on similar type of work. 2. Project Requirements (Team Capability Experience) Major Bridge Layouts (3.5.1) Minimum requirement - must have worked on three similar type projects within the past three years (five preferred). Major Roadway Design (4.2.1) Minimum requirement - Two similar type projects (major reconstruction) within the past three years (four preferred). Signing, Pavement Marking and Channelization (8.1.1) Minimum requirement - Two similar type projects within the past five years (three preferred). Hydrologic Studies (10.1.1) Minimum of three year experience on similar type projects (five years preferred). Basic Hydraulic Design (10.2.1) Minimum requirement - Must have worked on three similar type projects within the past three years (five preferred). Bridge Scour Evaluations and Analysis (10.5.1) Minimum of three years experience on similar type projects (five years preferred). Design Survey (15.2.1) Minimum of three years experience on similar type projects (five years preferred). 3. Special Project Related Experience of Project Manager and Team Members Major Bridge Layouts (3.5.1): Minimum of one Texas Registered Professional Engineer with related similar project experience (three preferred); Minimum of one year experience in capacity and level of service analysis (two preferred). Major Roadway Design (4.2.1): Minimum of one Texas Registered Professional Engineer with related similar project experience (three preferred); Minimum of three years experience at roadway design on two separate projects (five years preferred experience on four separate projects). Signing, Pavement Markings and Channelization (8.1.1): Minimum of one Texas Registered P.E (two preferred); Minimum of two years related project experience (three preferred). Hydrological Studies (10.1.1): Minimum of one Texas Registered P.E. with four years related project experience (two P.E.'s preferred); Minimum of two years as a P.E. in analysis of complex watershed (four years preferred). Basic Hydraulic Design (10.2.1): Minimum of one Texas Registered P.E. with four years related experience (two P.E.'s preferred); Minimum of two years as a P.E. in hydrologic analysis, hydraulic design, and storm water quality evaluation (four years preferred) Bridge Scour Evaluations and Analysis (10.5.1): Minimum of one Texas Registered P.E. with four years related project experience (three P.E.'s preferred); Minimum of two years as a P.E. in river geomorphology sediment transport and scour analysis, and flood plain analysis (three years preferred). Design Survey (15.2.1): Minimum of one Texas Registered R.P.L.S. with two years experience in roadway construction staking. (two R.P.L.S.'s with three years experience preferred). 4. DBE/HUB Goal: This criterion is either a commitment or not and has no other preferred status. Therefore, a provider gets three points for meeting the assigned goal or zero points for not meeting the assigned goal. HUB Goal: The goal for Historically Underutilized Business (HUB) participation in the work to be performed under this contract is a minimum of 20% of the contract amount. Deadline: A letter of interest notifying TxDOT of the provider's intent to submit a proposal will be accepted by fax at (512) 293-4372, or by hand delivery to TxDOT, Yoakum District, Attention: Billy Goodrich, 403 Huck Street, Yoakum, Texas or by mail to P.O. Box 757, Yoakum, Texas 77995. Letters of interest will be received until 5:00 p.m., Friday, October 24, 1997. Letter of Interest Requirements: The letter of interest is limited in length to three pages (single sided with no attachments or appendices) and must include a reference to contract number 13-845P5001; an organizational chart containing names, addresses, telephone number and fax number of the prime provider and any subproviders proposed for the team and their contract responsibilities by work category; certification that the proposed team individuals are currently employed by either the prime provider or a subprovider; the prime provider's project manager and key personnel proposed for the contract; team capabilities; special project related experience; evidence of compliance with the assigned DBE/HUB goal through the prime provider or subprovider identified on the team, or a written commitment to make a good faith effort to meet the assigned goal; project related experience performed since precertification; and other pertinent information addressed in the notice, including references for related projects. Agency Contact: Requests for additional information regarding this Notice of Invitation should be addressed to Billy Goodrich at (512) 293-4381 or fax number (512) 293-4372. Issued in Austin, Texas, on September 29, 1997. TRD-9712878 Bob Jackson Deputy General Counsel Texas Department of Transportation Filed: September 29, 1997 Public Notice The Texas Motor Vehicle Commission published proposed rules concerning Title 16, Texas Administrative Code, Chapters 101, 103, 107, and 111 in the September 5, 1997, issue of the Texas Register (22 TexReg 8823). The preambles for these proposed amendments and repeal stated that the deadline for comments was September 23, 1997, and the Board would consider final adoption of the proposals at its October 9, 1997, meeting. The meeting originally planned for October 9, 1997, has been rescheduled for November 6, 1997, at which time the Board will take final action on the proposed rules. For further information, contact Brett Bray, Director, Motor Vehicle Division, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701, (512) 416-4800. Issued in Austin, Texas, on September 23, 1997. TRD-9712637 Brett Bray Director, Motor Vehicle Division Texas Department of Transportation Filed: September 23, 1997 Request for Proposal Request for Proposal: In accordance with 43 TAC sec.25.901, et seq., the Texas Department of Transportation is requesting proposals from state agencies, local government agencies, metropolitan planning organizations, educational institutions, and private contractors for the Texas Highway Safety Plan (HSP) for fiscal year (FY) 1999 (October 1, 1998 - September 30, 1999). The Texas HSP is developed through a process beginning the preceding fiscal year through the collection of project proposals from local jurisdictions, as well as agencies with statewide responsibility. The program of work developed in the HSP is intergovernmental in nature and functions, either directly or indirectly, through grants-in-aid agreements and contracts awarded to local jurisdictions, metropolitan planning organizations, state agencies, educational institutions and private contractors. Contracts with vendors will be made through the state purchasing process. Authority and Responsibility: Federal grant involvement in traffic safety dates from the passage of the National Highway Safety Act of 1966 (23 USC sec.401, et seq.). Texas passed supporting legislation, the Texas Traffic Safety Act, in 1967 (Transportation Code, Chapter 723). The Texas Traffic Safety Program was made an integral part of the Texas Department of Transportation in 1979, and the department's districts assumed responsibility for local projects. The program operates within the Department's Traffic Operations Division. The executive director of the Department is the designated Governor's Highway Safety Representative. HSP Review and Approval: The HSP is prepared and submitted to the Transportation Commission for approval in May or June of each year. Upon approval, it is submitted to the Governor's Office for review and comment and then forwarded to the federal government for their information. The HSP becomes operational on October 1 of every year. The National Highway Traffic Safety Administration (NHTSA) provides funding to implement the HSP. HSP Program Area: The Fiscal Year 99 HSP will be divided into 12 program areas. The program areas are either federally funded or funded primarily from state sources. In addition to federal and state funds, some participating local governments provide matching funds. The first six program areas are NHTSA-administered highway safety program areas identified in 23 CFR 1205.3 as encompassing a major highway safety problem. The seventh, Pedestrian and Bicycle Safety is administered jointly by NHTSA and FHWA. Currently, the twelve programs with planned federal or state funding for FY 1999 are: 1. Alcohol and Other Drug Countermeasures: selective traffic enforcement projects (STEPs) to apprehend impaired drivers, specialized training for law enforcement instructors on mobile videotaping of driving while intoxicated (DWI) suspects, public information programs on alcohol/other drug use and driving, education programs for convicted DWI offenders and various youth alcohol programs. 2. Police Traffic Services: selective traffic enforcement projects (STEPs) to apprehend reckless drivers, enforce posted speed limits, specialized training for law enforcement officers, and assessments. 3. Occupant Protection: surveys to identify high-risk non-users, comprehensive programs to promote child safety seat and occupant restraint usage, STEPs and evaluations. 4. Traffic Records: perform problem identification, develop countermeasures, analyze vehicular crash occurrences and causal factors, support joint efforts with other agencies to improve the state's Traffic Records System. Project proposals for activities that are not information resource-related will be accepted. All information resource-related activities will be subject to TxDOT information resource procurement procedures. 5. Emergency Medical Services: training primarily for rural emergency medical services technicians, local projects, and public education. 6. Motorcycle Safety: public awareness. 7. Pedestrian/bicycle Safety: community school zone safety training, public education and community programs. 8. Roadway Safety: safety and traffic engineering education, traffic surveillance, work zone traffic control initiatives, problem identification and highway-rail grade crossing initiatives. 9. Planning and Administration: operation of the Traffic Safety Program and traffic safety functions. 10. Community/corridor/college and Safe Community Programs: problem identification, plan development, and program implementation for selected cities, counties, state agencies or college/university campuses. 11. Public Information and Education: state and local media campaigns, material development and production, statewide theme and conference support, drug-free project celebration support, and newsletter production and distribution. 12. School Bus Safety: school bus administration support, driver education, and training materials. Project Selection Process: shortly after the project proposal due date, traffic safety program and project managers review and evaluate each proposal for applicability to Texas' traffic safety problems. Each project proposal is then scored against a number of selection criteria. Typical criteria include: strength of problem identification, quality of the proposed plan, a realistic action plan and performance goals, necessity and reasonableness of budget, project evaluation method, and capabilities of the proposing agency/organization. Point values are assigned to each criterion so that each project proposal can be scored and placed in a rank order. Once the ranking process is complete, priorities are assigned in order for available funding to be recommended first for those projects awarded the highest priority. Those projects receiving the lowest priority will either not be funded or be deferred until additional federal monies become available during the fiscal year. The traffic safety project selection process is explained in greater detail in Chapter 2 of the Highway Traffic Safety Volume of the Department's Traffic Operations Manual. A copy of this description of the project selection process and project proposal application forms and instructions can be obtained by contacting the Traffic Operations Division; Traffic Safety Section, Mr. John McKay at (512) 416-3170 or Mr. Steve Valdez at (512 ) 416-2613. Project Proposals: Proposal submission should include the following information: type of project (impact, support, or required); name and address of proposing agency/organization; contact person (title, telephone and fax number); project title; program area; project year____ of _____, and previous experience with traffic safety grants/contracts; problem identification (clearly stated, supporting data, and location of problem); proposal plan (performance goals, activities and action plan, and project duration); cost estimate (budget to include labor, other direct costs, and indirect costs); evaluation (how the project will be performed and the performance measures); subgrantee/contractors expertise (personnel, documentation and evidences, and agency commitment); external resources and authentication of agency/subgrantee. HSP Project Proposals should be submitted by December 30, 1997, to the nearest TxDOT District Office, Attention: Traffic Safety Specialist or to Susan N. Bryant, Traffic Safety Director, Traffic Operations Division, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701-2483. Issued in Austin, Texas, on September 29, 1997. TRD-9712877 Bob Jackson Deputy General Counsel Texas Department of Transportation Filed: September 29, 1997 Texas Water Development Board Draft SB 1 Guidance Documents and Regional Designations The Texas Water Development Board invites public comment on its draft delineation of regional planning areas and of its initial draft of guidance relating to the state water plan, regional water plans, and use of research and planning funds for regional planning. This draft guidance is the initial draft of what will become board rules for these areas. The rules are being developed to fulfill the requirements of Senate Bill 1, 75th Texas Legislature, which established a new water planning process for the state. The drafts may be obtained on the Internet at "http://www.twdb.state.tx.us/www/twdb/sb1_hp.html", by calling the Texas Water Development Board at (512) 475-2057, or writing to Diane Burr, Texas Water Development Board , P.O. Box 13231, Austin, Texas 78711. Please submit comments to Carolyn Brittin at the above address or by fax at (512) 463-9893 by November 1, 1997. After review of public comments, board staff will revise the drafts, and provide a second draft for public comments on or about November 15, 1997. Public comments on the second draft should be submitted to the board by December 5, 1997. After reviewing this second round of comments, staff will seek board approval December 11, 1997 to publish rules for proposed adoption in the Texas Register. The draft guidance documents: describe the process by which the board designates regional planning groups and by which the regional planning groups will develop regional water plans, including guidelines for consideration of the existing regional planning efforts and the format in which information is to be presented in the regional plans; how the regional plans are integrated into a state water plan; and guidance principles for the state water plan, with which regional plans are to be consistent. Issued in Austin, Texas, on September 24, 1997. TRD-9712694 Craig D. Pedersen Executive Administrator Texas Water Development Board Filed: September 24, 1997 Texas Workforce Commission Requests for Proposals The Texas Workforce Commission (TWC) invites proposals from organizations for the Capacity-Building Grants for Local Community Employer Coalitions. The purpose of the grant is to expand the capacity of local employers and other community partners to assess dependent care needs and to implement strategies to improve dependent care services to working families through a strong local employer coalition. A. Authorization of Funding The funds are authorized by Texas Labor Code Annotated sec.81.0045 (Vernon 1996). B. Scope of Work Grant funds must be used to develop the capacity to build a local employer coalition to improve and expand dependent care services to working families. Support will be provided to the local dependent care provider leadership to develop projects to improve quality of dependent care service delivery. Capacity-building technical support will be provided to the grantee community by TWC through consultants and training for Local Resource Persons. 1. The grantee will be expected to work with local business leaders, employers, the dependent care provider community, and the Local Workforce Development Board. 2. The grantee will organize meetings of employer and dependent care provider groups, in which each group will receive training on strategies to improve and expand dependent care services. 3. A Local Resource Person must be identified by grantee and community leaders to assume training and support activities related to development of a local employer coalition. This person will receive training and support from consultants provided by TWC. a. The trained Local Resource Persons will plan and deliver workshops to build skills needed to complete the community dependent care needs assessment, to finalize the organizational structure of the employer coalition, and to identify and/or start up first projects. b. A panel of employers, a Local Workforce Development Board member, providers and the grantee will select the Local Resource Person. c. The Local Resource Person need not be an employee of the grantee. 4. The grantee must provide staff support for the development of a dependent care community needs assessment and the development of an organizational structure for the employer coalition. 5. The grantee must describe a plan for on-going and future support to the employer coalition. Second-year grants to provide continued support to the employer coalition will be available to those communities that are identified as having successfully completed the above tasks. C. Eligible applicants Applicants for the Capacity-building Grants must meet the following criteria and provide required documentation as requested in the application packet to be considered eligible. 1. Legal entity -- for profit, nonprofit, or public agency in accordance with state/federal regulations. 2. Have participated in Clearinghouse-sponsored employer coalition planning process in 1996-1997. 3. The grantee must provide letters of support (or memorandums of understanding) from two employers or business leaders stating their commitment to provide leadership and in-kind support during the organizational development and implementation of a functioning business coalition. 4. The grantee must show long-term commitment to supporting the employer coalition after grant periods are over. D. Available Funding Proposals for capacity building for employer coalitions may request up to $18,000. E. Length of contract The contract period is January 1, 1997 - August 31, 1998. F. Selection, Notification, and Negotiation Process TWC anticipates completing the selection process no later than November 28, 1997. Budget and performance statement negotiations will be conducted by TWC in advance of awarding grants. TWC reserves the right to vary all provisions of this RFP prior to the execution of a contract and to execute amendments to contracts when TWC deems such variances and/or amendments are in the best interest of the State of Texas. TWC has no obligation to award any contracts based on this solicitation. The deadline for receipt and consideration of a proposal is 4:00 p.m., October 31, 1997. For further information and to order Application Packets, contact the Grants Staff, Texas Work & Family Clearinghouse, 101 East 15th Street, Room 416T, Austin, Texas 78778-0001. Phone (512) 936-3228 FAX (512) 936-3255. A list of funded organizations will be published in the Texas Register following contract finalization. Issued in Austin, Texas, on September 23, 1997. TRD-9712659 J. Randel (Jerry) Hill General Counsel Texas Workforce Commission Filed: September 23, 1997 The Texas Workforce Commission (TWC) invites proposals from individuals to provide training to community representatives from up to seven Texas cities. Training topics will include capacity building for local employer dependent care coalitions, strategic planning, and assessment of community dependent care needs. The purpose of the grant is to provide consultation and training on methods and strategies for assessment of community dependent care needs and on the improvement of dependent care services targeted toward working families and local employers. A. Authorization of Funding The funds are authorized by Texas Labor Code Annotated sec.81.0045 (Vernon 1996). B. Scope of Work Grant funds must be used to provide training and consultation to designated employer groups and community organizations. Grant funds will be used to develop the capacity to construct a functioning local employer coalition whose purpose is to assess, improve, and expand dependent care services to working families. Consultants will provide capacity-building technical support to the grantee community through consultation and training for designated Local Resource Persons and leaders in the local employer and provider community. 1. In conjunction with the local grantee, local business leaders, employers, the dependent care provider community, and the Local Workforce Development Board, the consultant will plan curricula for workshops to be held in the community within the first three months from the start of funding of the local grantee's contract. 2. The consultant will mentor a designee selected by the grantee, employer collaborative members, and leaders of the local provider community in order to prepare training and support activities in the development of a local employer dependent care coalition. a. The consultant must commit to participate in a two-day statewide training and curriculum planning session to prepare a curriculum for Capacity Building Workshops outlined above. The date for the curriculum planning session will be determined by TWC. The curriculum will cover all necessary aspects of community dependent care needs assessment and implementation of an organizational structure of local employer coalitions. b. The consultant must commit to travel to assigned city or cities within the months specified by TWC and the local grantee. c. The consultant may be invited to participate in two training events to the group of local leaders from grantee communities in Austin or some other designated city. C. Eligible Applicants Eligible applicants will have a Master's degree in Child Development, Early Childhood Education, Human Relations or related fields, or a Bachelor's degree and five years business experience in related fields. They should have at least two years experience in training trainers. Consultants should have experience in developing, managing, or participating in a working coalition or collaboration involving employers. D. Available Funding The Clearinghouse may budget up $20,000 for technical support grants to provide capacity-building for local community employer coalitions. E. Length of contract The contract period is November 1, 1997 - August 31, 1998. F. Selection, Notification, and Negotiation Process TWC anticipates completing the selection process no later than October 24, 1997. Budget and performance statement negotiations will be conducted by TWC in advance of awarding grants. TWC reserves the right to vary all provisions of this RFP prior to the execution of a contract and to execute amendments to contracts when TWC deems such variances and/or amendments are in the best interest of the State of Texas. TWC has no obligation to award any contracts based on this solicitation. The deadline for receipt and consideration of a proposal is 4:00 p.m., October 17, 1997. For further information and to order Application Packets, contact the Grants Staff, Texas Work & Family Clearinghouse, 101 E. 15th Street, Room 416T, Austin, TX 78778-0001. Phone (512) 936-3228 FAX (512) 936-3255. A list of funded individuals will be published in the Texas Register following contract finalization. Issued in Austin, Texas, on September 23, 1997. TRD-9712660 J. Randel (Jerry) Hill General Counsel Texas Workforce Commission Filed: September 23, 1997 The Texas Workforce Commission (TWC) invites proposals to plan, aggregate, analyze, develop and publish a county by county child care profile. The purpose of this proposal is to provide a profile of child care availability in each county in Texas which will provide local, county and state planners with a valuable tool in designing services to meet the growing needs of working families and demands of welfare reform. A. AUTHORIZATION OF FUNDING The funds for the Texas Workforce Commission Child Care Profile are authorized under the FY 1997 Appropriations Bill for the federal Department of Health & Human Services, Child Care Development Fund (CCDF). Funds are subject to the requirements of the Child Care and Development Block Grant Act (CCDBG). B. PROJECT DESIGN FEATURES: The Texas Child Care Profile Project (TCCPP) must contain at a minimum a compilation of county by county demographics of working families, child care needs, child care provider characteristics and availability, and statistics on county child care information requests. The profile should contain user friendly statistical charts/graphics to depict portrayed data. Current and reliable data must be used to compile the profile. TWC reserves the right to approve and/or alter: information sources used to compile profile statistics, the profile design, contents, layout and printing. C. ELIGIBLE APPLICANTS Applicants must meet the following criteria to be considered eligible: 1) Eligible applicants include Texas based non-profits, or for profits as certified by the State Comptroller and US Internal Revenue Service (if applicable), or official governmental entities. 2) Eligible applicants must have a proven track record of three years of successful business experience . 3) Eligible applicants must have three years experience in conducting analyses of child care needs in Texas communities and have established communication and linkages with existing community services in Texas, especially information & referral and other family-serving agencies. 4) Eligible applicants must have previous experience in collecting, compiling, and reporting statistical data. A report example must be furnished. D. AVAILABLE FUNDING Proposals for the Texas Child Care Profile Project may request up to $150,000. Grant funds will be reimbursed pursuant to a contract on a cost reimbursement basis subject to successful performance during the course of the contract period. E. FUNDING RESTRICTIONS Expenditures will be reimbursed on cost reimbursement basis subject to measurable and successful performance of the project. Project funds have a five percent administrative cost cap. Ninety-five percent of the funds must be used for direct project activities. Prior permission must be secured from TWC before any part of the project can be subcontracted and/or changes can be made in activities to be performed, project personnel, and/or budgeted expenditures as authorized in the contract. F. LENGTH OF CONTRACT The contract period begins January 1, 1998, or as soon thereafter as soon as negotiations can be mutually completed and a contract can be executed. The contract will end May 31, 1999. G. SELECTION CRITERIA Applications will be reviewed for eligibility by TWC. Eligibility will be determined by successful completion of all required proposal documentation and meeting eligibility requirements. Eligible applicants will be evaluated and graded by TWC and outside readers. Evaluation criteria and their weights are: applicant's experience in working with Texas child care organizations, associations, and state and local officials in the Child Care field (20%); demonstrated capability and experience in information gathering, analysis, and developing statistical studies/reports (20%); the project's, plan, design, feasibility of success, and proposed timelines for completion (defined in the Performance Narrative and Performance Statement) (20%); experience of key personnel, project staffing and oversight (20%); reasonable Budget (10%); and the applicant's interview presentation (10%). H. SELECTION, NOTIFICATION, AND NEGOTIATION PROCESS Applicants will be reviewed and graded on a competitive basis by outside readers and TWC. Detailed evaluation criteria will be included in the application packet. Incomplete applications are subject to rejection and disqualification by the TWC grant's staff. Grading criteria will be included in the application packet. Applications will be reviewed and ranked according to scores, their apparent ability to complete the project timely and successfully, and reviewed for past contracting performance with TWC. Top contenders will be required to attend a panel interview in Austin, Texas between approximately November 17-21. Failure to attend requested interview screening will disqualify a potential applicant. A tentative selection will be determined immediately after interviews are completed. A designated person from the selected entity must be readily available to respond to inquiries, prepare proposed amendments, and negotiate with TWC concerning budget and/or proposed programmatic revisions approximately between, November 24-26, 1997. If a designated person is not readily available to promptly respond to requested revisions, the applicant will not be considered for a contract. I. DUE DATE AND AGENCY CONTACT The deadline for hand delivered consideration of a TCCPP proposal is 4:00 p.m., November 12, 1997. Application packets mailed must be post marked by the US. Post Office on November 12, 1997, to be considered eligible. For further information and to order Application Packets, contact the Texas Work & Family Clearinghouse at (512) 936-3228. Application packet originals should be mailed to: Texas Work & Family Clearinghouse, Room 416T, 1117 Trinity, Austin, TX 78778-0001 J. TWC'S OBLIGATIONS TWC reserves the right to vary all provisions of this Request for Proposal prior to the execution of a contract when TWC deems such variances and/or amendments are in the best interest of the State of Texas. TWC's obligations under this RFP are contingent upon the actual receipt by the Agency of funds from the US Department of Health and Human Services. If adequate funds are not available to make payment under the terms of this grant, TWC shall terminate this RFP or resulting contract and will not be liable for failure to make payments. Issued in Austin, Texas, on September 23, 1997. TRD-9712661 J. Randel (Jerry) Hill General Counsel Texas Workforce Commission Filed: September 23, 1997