IN ADDITION The Texas Register is required by statute to publish certain documents, including applications to purchase control of state banks, notices of rate ceilings, changes in interest rate and applications to install remote service units, and consultant proposal requests and awards. To aid agencies in communicating information quickly and effectively, other information of general interest to the public is published as space allows. Texas Commission on Alcohol and Drug Abuse Correction of Error The Texas Commission on Alcohol and Drug Abuse proposed amendments to 40 TAC sec.sec.150.3-150.8, 150.10, 150.31-150.33, 150.36-150.39, 150.52, 150.53, and 150.61. The rules appeared in the November 28, 1997, issue of the Texas Register, (22 TexReg 11322). On page 11331, subsection (f)(2), the language was struck-thru, indicating deletion of the language; however, the language should be underlined to indicate it is new language. Statewide Service Delivery Plan The Texas Commission on Alcohol and Drug Abuse (TCADA) has developed an initial Statewide Service Delivery Plan to address how substance abuse services can be more efficiently and effectively distributed throughout the state. This Statewide Service Delivery Plan will be presented to the commission's board January 15, 1998. The draft plan can be viewed on the commission's web page at www.tcada.state.tx.us. If a hard copy is required, please contact Rand Harris at (800) 832-9632, extension 6793. Comments may be sent to: Texas Commission on Alcohol and Drug Abuse Attn: Rand Harris 9001 North IH 35, Suite 105 Austin, Texas 78753-5233 Or e-mail to rand_harris@tcada.state.tx.us. Final copies of the plan will be made available after February 1, 1998. Issued in Austin, Texas, on December 10, 1997. TRD-9716591 Karen Pettigrew Deputy for Legal Affairs Texas Commission on Alcohol and Drug Abuse Filed: December 10, 1997 Ark-Tex Council of Governments Request for Proposal for Provision of Child Care Training The Ark-Tex Council of Governments (ATCOG) is soliciting proposals for the provision of Child Care Training for Child Care Providers of licensed day care centers, group day homes, registered family homes and relatives providing child care through a grant provided by the Texas Workforce Commission, Child Care Training Project (CCTP). The training sessions will be provided in the following Texas counties: Bowie, Cass, Franklin, Hopkins, Lamar, and Titus. The training sessions will be scheduled between February, 1998 and July 31, 1998. Potential respondents may obtain a copy of the request for proposal by contacting Lou Harris, Child Care Training Specialist, Ark-Tex Council of Governments, P.O. Box 5307, Texarkana, Texas 75505-5307, or call (903) 832- 8636. The deadline for proposal submission is January 15, 1998, at 5:00 p.m. Issued in Texarkana, Texas, on December 8, 1997. TRD-9716520 James C. Fisher, Jr. Executive Director Ark-Tex Council of Governments Filed: December 8, 1997 Office of the Attorney General Notice of Request for Information The Office of the Attorney General (OAG) hereby gives notice of a Request for Information (RFI). The purpose of this RFI is to obtain information about the services that are available within the private legal and vendor community for providing full Foster Care Services in Harris County, the potential costs for obtaining such services, and other pertinent information that may assist the OAG in its development of a future procurement for such services. Any Foster Care services to be performed by private counsel/vendors would be performed under the direction of the Child Support Division of the OAG. The performance of these services requires legal representation and the OAG invites responses from non- attorney vendors that can provide the required legal services through in-house counsel or other avenues. The Vendor shall be responsible for reviewing certified referrals, obtaining locate information, enforcing and modifying court orders, setting up parentage testing, monitoring, and documenting actions on each case. The OAG estimates the number of Foster Care cases received annually is 400. 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. Notice of any solicitation resulting from this RFI will be published in the Texas Register. Copies of the Request for Information may be requested from: Mr. David Liebich, Purchasing Manager, Office of the Attorney General, 300 West 15th Street, 3rd Floor, Austin, Texas 78701 or by facsimile (512) 397-1607. 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 an RFI may be sent to the Attorney General beginning on the date that this notice is published in the Texas Register The closing date for the receipt of responses will be 3:00 p.m. on January 19, 1998. Issued in Austin, Texas, on December 8, 1997. TRD-9716432 Sarah Shirley Assistant Attorney General Office of the Attorney General Filed: December 8, 1997 Comptroller of Public Accounts Legal Banking Holidays Texas Tax Code Annotated sec.111.053(b) requires that, before January 1 of each year, the Comptroller of Public Accounts publish a list of the legal holidays for banking purposes for that year. Pursuant to the Federal Reserve Bank of Dallas Notice 97-68, dated August 11, 1997, the Federal Reserve Bank of Dallas and its offices at El Paso, Houston, and San Antonio will observe the following holidays for calendar year 1998 and will not be open on the dates indicated below. Banks operating in Texas may, but are not required to close on these dates: Saturdays and Sundays Thursday, January 1, New Years Day Monday, January 19, Martin Luther King, Jr. Day Monday, February 16, Presidents Day Monday, May 25, Memorial Day Monday, September 7, Labor Day Monday, October 12, Columbus Day Wednesday, November 11, Veterans Day Thursday, November 26, Thanksgiving Day Friday, December 25, Christmas Day Issued in Austin, Texas, on December 9, 1997. TRD-9716563 Walter Muse Legal Counsel Comptroller of Public Accounts Filed: December 9, 1997 Notice of Request for Proposals Notice of Request for Proposals For an Analysis of Recruitment, Retention and Financial Aid in Certain Institutions of Higher Education in the State of Texas: Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces the issuance of its Request for Proposals (RFP) for the performance of an analysis of recruitment, retention and financial aid at selected public institutions of higher education. More specifically, in response to the recent opinion of the United States Court of Appeals for the Fifth Judicial Circuit in Hopwood v. State, 78 F.3d 932 (5th Cir. 1996), reh'g en banc denied, 84 F.3d 722 (5th Cir. 1996), cert. denied, __ U.S. __, 116 S.Ct. 2580 (1996) (Hopwood), the 1997 Texas State Legislature (75th Regular Session) enacted legislation and passed a legislative rider to the General Appropriations Act directing the Comptroller, with the assistance of the Texas Higher Education Coordinating Board (THECB) and the state's public institutions of higher education, to conduct a disparity study (the "Study") of the state's public institutions of higher education to determine whether past acts of discrimination by institutions of higher education of this state have created any present effects of such past discrimination. The Legislature specified that the Study shall address student recruitment, admissions, retention, and financial aid. The services sought under this RFP shall be a component part of the overall study. The successful proposer will be expected to begin performance of the contract on or about February 2, 1998. Contact: Parties interested in submitting a proposal should contact the Comptroller of Public Accounts, Legal Counsel's Office, 111 East. 17th Street, Room G-24, Austin, Texas, 78744, telephone number: (512) 936-5854 or (512) 463- 4904, to obtain a copy of the RFP. The RFP will be available for pick-up at the above-referenced address on Friday, December 19, 1997, between 4:00 p.m. and 5:00 p.m., Central Zone Time (CZT), and during normal business hours thereafter. All written inquiries and mandatory letters of intent to propose must be received at the above-referenced address prior to 4:00 p.m. (CZT) on Monday, December 29, 1997. Closing Date: Proposals must be received in Legal Counsel's Office no later than 4:00 p.m. (CZT), on Tuesday, January 20, 1998. Proposals received after this time and date will not be considered. Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria set forth in the RFP. The committee will determine which proposal best meets these criteria and will make a recommendation to the Deputy Comptroller, who will then make a recommendation to the Comptroller. The Comptroller will make the final decision. A proposer may be asked to clarify its proposal, which may include an oral presentation, prior to final selection. The Comptroller reserves the right to accept or reject any or all proposals submitted. The Comptroller of Public Accounts is under no legal or other obligation to execute a contract on the basis of this notice or the distribution of an RFP. Neither this notice nor the RFP commits the Comptroller to pay for any costs incurred prior to the execution of a contract. The anticipated schedule of events is as follows: Issuance of RFP- December 19, 1997, 4:00 p.m. CZT; Mandatory Letter of Intent and Questions Due - December 29, 1997, 4 p.m. CZT; Proposals Due-January 20, 1998, 4:00 p.m. CZT; Contract Execution-no later than February 2, 1998, or as soon thereafter as practical. Issued in Austin, Texas, on December 10, 1997. TRD-9716599 Walter Muse Legal Counsel Comptroller of Public Accounts Filed: December 10, 1997 Due to an error by Texas Register the text for the following Request for Proposal for the Hamilton ISD, submitted by the Comptroller of Public Accounts, was inadvertently left out of the December 5, 1997, issue of the Texas Register (22 TexReg 12156). The Request for Proposal for the Texas Southern University was published in the December 12, 1997, issue of the Texas Register (22 TexReg 12304). Request for Proposals for the Hamilton ISD Notice of Request for Proposals: Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces the issuance of a Request for Proposals (RFP) for the purpose of hiring a consultant to assist in conducting a management and performance review of the Hamilton Independent School District. From this review, findings and recommendations will be developed for containing costs, improving management strategies, and ultimately promoting better education for Texas children through school district management efficiency. The successful proposer will be expected to begin performance of the contract on or about January 21, 1998. Contact: Parties interested in submitting a proposal should contact the Comptroller of Public Accounts, Legal Counsel's Office, 111 East 17th Street, Room G-24, Austin, Texas 78774, (512) 305-8673, to obtain a complete copy of the RFP. The RFP will be available for pick-up at the above referenced address on Friday, December 5, 1997, between 4 p.m. and 5 p.m. Central Zone Time (CZT), and during normal business hours thereafter. All written inquiries and mandatory letters of intent to propose must be received at the above-referenced address prior to 4 p.m. (CZT) on Monday, December 29, 1997. Closing Date: Proposals must be received in the Legal Counsel's Office no later than 4 p.m. (CZT), on Monday, January 9, 1998. Proposals received after this time and date will not be considered. Award Procedure: Proposals will be subject to evaluation by a committee based on the evaluation criteria set forth in the RFP. Each committee will determine which proposal best meets these criteria and will make a recommendation to the Deputy Comptroller, who will then make a recommendation to the Comptroller. The Comptroller will make the final decision. A proposer may be asked to clarify its proposal, which may include an oral presentation prior to final selection. The Comptroller reserves the right to accept or reject any or all proposals submitted. The Comptroller is under no legal or other obligation to execute a contract on the basis of this notice or the distribution of any RFP. Neither this notice nor the RFP commits the Comptroller to pay for any costs incurred prior to the execution of a contract. The anticipated schedule of events is as follows: Issuance of RFP - December 5, 1997, 4 p.m. (CZT); Mandatory Letter of Intent and Questions Due - December 29, 1997, 4 p.m. (CZT); Proposals Due - January 9, 1998, 4 p.m. (CZT); and Contract Execution - January 16, 1998, or as soon thereafter as possible. Issued in Austin, Texas, on November 25, 1997. TRD-9715920 Walter Muse Legal Counsel Comptroller of Public Accounts Filed: November 25, 1997 Texas Education Agency Request for Application Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-98-001 to award competitive grants to school districts and shared services arrangements of school districts that implement, instructional, professional training and development, and infrastructure strategies to achieve the following primary objective. All districts, including charter schools, are eligible to apply for these grants. Description. The primary objective of the Technology Integration in Education (TIE) initiative is to improve student achievement by fully integrating technology into teaching and learning and to ensure that all Texas students are technologically literate by 2010. The TIE initiative recommends the guidelines from the Long-Range Plan for Technology, 1996-2010, to school districts and shared services arrangements of school districts as a means to achieve the primary objective. Districts may apply for implementation grants that focus on one of the following: 1) teaching and learning, 2) educator preparation and development, 3) administration and support services, and 4) infrastructure for technology. The commissioner's access initiative reflects the implementation of the Long-Range Plan for Technology, 1996-2010, and applicants are requested to focus on this initiative. The access initiative envisions the use of technology to provide immediate access to tools, data, products and information to all stakeholders in education. Through this access, teachers, administrators, parents, business leaders and other groups of interest are connected to various sources and resources needed to enhance decision making, planning efforts, educational strategies, and learning activities. Access should be broadly defined to include the Internet, two-way video/two-way audio, CD-ROM, local or regional networks and/or satellite broadcasts. Applications that address the commissioner's access initiative in focusing on: 1) the delivery of content and/or services; 2) the establishment of an infrastructure; and/or 3) the operation of an appropriate infrastructure will be given special consideration. Training and professional development must be a component of each of these three areas. Dates of Project. The TIE Initiative grants will be implemented through the 1998-1999 school year. Applicants should plan for a starting date of no earlier than June 1, 1998, and an ending date of no later than August 31, 1999. Project Amount. Texas has received approximately $35.3 million for fiscal year 1998 activities specified in Title III of the Elementary and Secondary Education Act (ESEA) legislation through the Technology Literacy Challenge Fund (TLCF) program. This RFA provides school districts and shared services arrangements of school districts an opportunity to apply for approximately $33 million in TLCF subgrants on a competitive basis. The TIE initiative will extend through fiscal year 2001, provided subsequent federal appropriations are approved for the TLCF program. Second-year TIE funds will be used to award grants that are anticipated to range between $50,000 and $1,000,000. The final number of grants and the final dollar amount of each grant will be negotiated and will depend on the quality of the application, activities to be carried out through the local initiative, and the size and characteristics of participating school districts and consortia members, where applicable. To the extent possible, funds shall be used by local education agencies for the following five major purposes: (1) acquiring hardware and software to improve student learning; (2) applying technology to support school reform; (3) acquiring connections to telecommunication networks to obtain access to resources and services; (4) providing ongoing professional development in the integration of technology into improvements of the school curriculum; and (5) providing better educational services for adults and families. Section 3134 of the ESEA sets out in full how local education agencies are to use funds under this program. Applicants must use additional local resources and other sources of financial support to help maximize the effectiveness of the project goals and objectives. These grants are supplementary, not sole source funding, for the projects described in the application. Program funds shall not be obligated for expenditure prior to the effective date of the application or after the ending date of the program. Selection Criteria. Applications will be selected based on the ability of each applicant to carry out all requirements contained in the RFA. Priority will be given to applications submitted for cooperatives of school districts and to applications that are submitted in collaboration with institutions of higher education, regional education service centers, and nonprofit organizations. Special consideration will be given to districts with demonstrated need for technology and with a percentage of students identified as economically disadvantaged higher than the state average. Additionally, priority will be given to rural schools. Rural is defined as districts that either have a growth rate less than 20% and the number of students in membership is between 300 and the state median, or the number of students in membership is less than 300. This includes approximately 899 districts in the state. The TEA reserves the right to select from the highest-ranking applications those that address all requirements in the RFA. The TEA is not obligated to approve an application, provide funds, or endorse any applications submitted in response to this RFA. The RFA does not commit TEA to pay any cost before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response. Requesting the Application. A complete copy of RFA #701-98-001 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 the Document Control Center at (512) 463-9304. Please refer to the RFA number in your request. The application can be downloaded from the TEA WWW page for information purposes only. The address is: http://www.tea.state.tx.us. and the application is located under "Programs -- State Technology Initiatives". In order to be considered for funding, the copy obtained from the Document Control Center must be used as the official application document. Further Information. For clarifying information about the RFA, contact Delia R. Duffey, Division of Instructional Technology, Texas Education Agency, at (512) 463-9401 or by email at: dduffey@tea.tetn.net. Deadline for Receipt of Applications. Applications must be received in the Document Control Center of the Texas Education Agency by 5:00 p.m. (Central Time), Thursday, March 5, 1998, to be considered. Issued in Austin, Texas, on December 10, 1997. TRD-9716587 Criss Cloudt Associate Commissioner for Policy Planning and Research Texas Education Agency Filed: December 10, 1997 General Services Commission General Services Commission State Energy Conservation Office Notice of Contract Award In accordance with the Texas Government Code, Section 2305.064, the State Energy Conservation Office (SECO) furnishes this notice of contract award under the Renewable Energy Demonstration Program. The Request for Proposals (RFP) was published in the October 17, 1997 issue of the Texas Register (22 TexReg 10444). DESCRIPTION OF SERVICE. The contractor will conduct a series of sustainable building work sessions for state agencies, local governments, school districts and design professionals. These sessions will provide technical information for the target audiences that can be incorporated into all building practices. NAME OF CONTRACTOR AND AMOUNT OF AWARD. The contractor selected is the Center for Maximum Potential Buildings Systems, Inc., 8604 F.M. 969, Austin, Texas 78724; (512) 928-4786 ($114,730.00.) DUE DATE. Deliverables are due from January 1, 1998 through August 31, 1998. The final report is due 60 days after contract completion. CONTACT: Further information can be obtained from Ms. Jane Pulaski, State Energy Conservation Office, at (512) 463-1796. Issued in Austin, Texas, on December 8, 1997. TRD-9716516 Judy Ponder General Counsel General Services Commission Filed: December 8, 1997 Notice of Contract Extensions In accordance with the Texas Government Code, Title 10, Subtitle F, Subchapter B, Chapter 2254, The General Services Commission, State Energy Conservation Office (SECO) publishes this notice of contract extensions under the School Energy Management Program. Description of Service. The contracts provide energy engineering services for the School Energy Management Programs. Contractors develop and conduct energy manager training workshops, provide on-site assistance to districts participating in the Energy Efficient School Partnership Program, and deliver technical assistance to districts participating in the Energy Efficient School Partnership Program. Name of Contractors and Extension periods. Contractors are Estes, McClure and Associates, 3608 West Way, Tyler, Texas 75703 (contract amount: $385,000); Energy Systems, 11901 Hamrich Court, Austin, Texas 78759 (contract amount: $385,000); ACR Engineering Inc., 907 South Congress Avenue, Austin, Texas 78704 (contract amount: $385,000). Effective date of all contracts was January 1, 1997. Each contract will be extended through March 31, 1998. Contact: For further information, please contact Mr. Mel Roberts, State Energy Conservation Office, (512) 463-1757. Issued in Austin, Texas, on December 8, 1997. TRD-9716518 Judy Ponder General Counsel General Services Commission Filed: December 8, 1997 Notice of Revisions to the Energy Conservation Design Standard for New State Buildings The State Energy Conservation Office (SECO) a division of the General Services Commission (GSC) has revised the Energy Conservation Design Standard for New State Buildings, commonly referred to as the "Texas Standard". SECO invites public comments on its revised Texas Standard. The Standard covers new buildings and major renovation projects, while excluding single and multi-family residential buildings of three or fewer stories and building areas used primarily for industrial or commercial processes. The 1997 revisions to the Standard, were developed as a result of the latest evaluation and update of the Standard. The purposes of the Texas Standard are: 1) to set minimum requirements for the energy efficient design of new state buildings and major renovation projects so that they may be constructed, operated, and maintained in a manner that minimizes the use of energy without constraining the building function or the comfort or productivity of the occupants; 2) to provide criteria for energy efficient design and describe methods for determining compliance with these criteria; and 3) to provide sound guidance for energy efficient design. The Standard shall not be used to circumvent any safety, health, or environmental requirements. Background. Pursuant to the Texas Government Code, Title 4, Subtitle D, Chapter 447, Section 447.004, the Energy Management Center (EMC) of the Governor's Office (now the State Energy Conservation Office of the General Services Commission) is authorized to adopt and implement energy conservation design standards for new state buildings and major renovations, including those of state supported institutions of higher education. The current Texas Standard is based on the American Society of Heating, Refrigerating, and Air Conditioning Engineer (ASHRAE) Standard 90.1, modified for Texas climate conditions. Section 447.004 stipulates that the EMC shall review and update the standard biennially. Prompted by the review process and concerns with perimeter insulation issues, and the need to make the Standard consistent with ongoing updates to ASHRAE Standard 90.1-1989, the Standard was revised in May 1990 and February 1993. 1997 Revisions. Basic changes incorporated into the 1997 version of the Texas Standard include the following: (1) broadening the scope of the Standard to apply to new portions of buildings, as well as to new equipment in existing buildings; (2) requiring lighting and daylighting controls in all spaces not designated for 24-hour use; (3) adding electrical metering requirements, including demand metering for services over 450 KW or 500 KVA; and (4) incorporating selected criteria of the ASHRAE 90.1-1989R standards into the following sections of the Standard: heating, ventilation, and air conditioning equipment; building shell; and water heating systems and equipment. Contact. SECO invites public comment on its revised Texas Standard. A copy of the 1997 revision in diskette form can be obtained by calling Blanche Saldivar at the State Energy Conservation Office at (512) 463-1959 or by writing Ms. Saldivar at the General Services Commission State Energy Conservation Office, P.O. Box 13047, Austin, Texas 78711-3047. Please submit written comments to Felix Lopez at the above address or by fax at (512) 475-2569 by January 30, 1998. Issued in Austin, Texas, on December 8, 1997. TRD-9716519 Judy Ponder General Counsel General Services Commission Filed: December 8, 1997 Request for Qualifications for Selection of Professional Surveying Firm The General Services Commission (GSC), Facilities Construction and Space Management Division (the "FCSM"), P.O. Box 13047, Austin, Texas 78711-3047, hereby issues this request for statement of interest and qualifications (RFQ) for the purpose of selecting one or more surveying firms to provide professional services. The contract(s) will provide professional surveying services to the General Services Commission, Facilities Construction and Space Management Division, for state-owned land, facilities and building in the greater Austin area. Some travel to other regions throughout the State of Texas may be required. Statement of interest and qualifications must be submitted and time stamped at the General Services Commission, 1711 San Jacinto Street, Central Services Building, Room 180 (Bid Tabulation Room), Austin, Texas 78701, on or before 3:00 p.m., Tuesday, December 30, 1997. Copies of the full RFQ are available by calling Stacy Hatch, assistant to the Director of FCSM at (512) 463-3382. Selection of Architect/Engineering firms will be in accordance with state procedures and GSC rules. Issued in Austin, Texas, on December 5, 1997. TRD-9716400 Judy Ponder General Counsel General Services Commission Filed: December 8, 1997 Texas Department of Health 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] 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 December 10, 1997. TRD-9716582 Susan K. Steeg General Counsel Texas Department of Health Filed: December 10, 1997 Notice of Request for Proposal for Evaluation of LoneSTAR Selective Contracting Programs Purpose. The Texas Department of Health (department), Health Care Financing Associateship (HCF), Bureau of Reimbursement Analysis and Contract Compliance (BRACC), is seeking a qualified and experienced consulting firm capable of performing an independent assessment of the LoneSTAR Select I Contracting Program and an independent assessment of the LoneSTAR Select II Contracting Program. This Request for Proposal (RFP) is issued in accordance with the provisions of Government Code, Chapter 2254, concerning consulting services. Description. The Texas Human Resources Code, sec.32.027 requires the development and implementation of a system of selective contracting for the provision of non-emergency inpatient hospital services. The LoneSTAR Select I Contracting Program for inpatient services provided at general acute medical/surgical hospitals was completed in December, 1994. The LoneSTAR Select II Contracting Program for acute inpatient mental health services provided at freestanding psychiatric facilities was completed in June, 1995. The successful bidder will be responsible for evaluating the LoneSTAR Selective Contracting Programs. Phase One involves the evaluation of the LoneSTAR Select I Contracting Program for inpatient services provided at general acute medical/surgical hospitals. Phase Two involves the evaluation of the LoneSTAR Select II Contracting Program for acute inpatient mental health services provided at freestanding psychiatric facilities. Applicable waivers of federal statutory requirements, which would otherwise conflict with the programs, have been approved by the Secretary of Health and Human Services of the federal Health Care Financing Administration (HCFA). Applicable waivers for the LoneSTAR Select I Contracting Program were initially approved on July 6, 1994. A renewal of these waivers was requested and granted on August 20, 1996. Applicable waivers for the LoneSTAR Select II Contracting Program were initially approved on March 10, 1995. A renewal of these waivers was requested and granted on August 21, 1997. The approval of the applicable waivers of federal statutory requirements by HCFA is contingent upon the department arranging for an independent assessment of each waiver program with respect to access to care, quality of services and cost effectiveness. The results of each assessment must be submitted to HCFA no later than three months prior to the expiration date of each waiver. The waiver approval for the LoneSTAR Select I Contracting Program expires on August 31, 1998. As such, the department must submit an independent assessment of the LoneSTAR Select I Contracting Program to HCFA on or before June 1, 1998. The waiver approval for the LoneSTAR Select II Contracting Program expires on August 20, 1999. As such, the department must submit an independent assessment of the LoneSTAR Select II Contracting Program to HCFA on or before May 19, 1999. The consultant will work with the department project team, oversight committee and work groups, as necessary, and produce the required products. Eligible Applicants. The consultant must have experience in and knowledge of federal, Texas, and other state health and human services agency practices and laws relating to Medicaid, Medicaid Managed Care, and sec.1915(b) and sec.1115 waivers of the Social Security Act. The consultant should be familiar with the federal Medicaid program statutes, regulations, waiver application processes and issues, status of waivers implemented in other states, and related issues which have arisen in other states, general principles and laws relating to managed care, including Medicaid Managed Care, and knowledge of managed care markets and market analysis both nationally and in Texas. Limitations. The department reserves the right to reject any and all offers received in response to the RFP, and to cancel the RFP if it is deemed in the best interest of the department. Contact. Requests for information concerning the RFP may be obtained from Larry Fisher, Procurement Officer, Texas Department of Health, Health Care Financing, Mail Code Y-921, 1100 West 49th Street, Austin, Texas 78756-3199. Telephone number: (512) 794-6894. Requests for copies of the RFP must be submitted in writing to Larry Fisher at the above address or may be submitted by facsimile. Fax number: (512) 338-6544. Deadlines. All communications concerning this RFP must be addressed in writing to Richard A. Peters, Chief, Bureau of Reimbursement Analysis and Contract Compliance, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3199. The physical address for overnight and personal deliveries, also referred to in this notice as the "issuing office", is Richard A. Peters, Chief, Bureau of Reimbursement Analysis and Contract Compliance, Texas Department of Health, 11044 Research Boulevard, Building D, Room 400, Austin, Texas 78759. Each potential applicant is required to submit a non-binding Letter of Intent To Propose (Letter of Intent), which must be received in the issuing office no later than 4:00 p.m. on January 14, 1998. The Letter of Intent must state that the applicant is considering submitting a proposal. Only the proposals of those applicants who submit Letters of Intent will be considered. Letters of Intent which are not received timely at the issuing office will not be considered. The Letter of Intent must identify the entity that may submit a proposal in response to this RFP, and must be signed by an official of that entity. Responses to questions and other information pertaining to this procurement will be sent only to those potential applicants who submit a Letter of Intent. Potential applicants must include their fax number in the Letter of Intent to provide for the expedited transmission of information pertaining to this procurement. The Letter of Intent must be addressed to Richard A. Peters, at the address shown above. Prospective applicants are encouraged to fax Letters of Intent to (512) 338-6544 to ensure timely receipt. By submitting a signed proposal, an applicant agrees that it fully understands the RFP and will abide by the terms and conditions contained in the RFP. No exceptions, amendments, or deviations will be allowed in any response unless agreed to in writing and prior to the date that responses are due. Unauthorized exceptions, amendments, or deviations in a response may result in disqualification of the proposal. To be considered, proposals must be received in the issuing office no later than 4:00 p.m. on January 27, 1998. Proposals may not be faxed, only originals will be accepted. An applicant workshop for prospective applicants will be held on January 7, 1998, at 1:00 p.m. The meeting will be held in Room D-404, Texas Department of Health, Stratum Complex, 11044 Research Boulevard, Building D, fourth floor, Austin, Texas. No reservations are necessary. Evaluation and Selection. Applications will be reviewed by an evaluation committee. The evaluation of the application will be based upon areas of consideration listed in the RFP. Issued in Austin, Texas, on December 3, 1997. TRD-9716204 Susan K. Steeg General Counsel Texas Department of Health Filed: December 3, 1997 Notice of Revocation of Certificates of Registration The Texas Department of Health, having duly filed complaints pursuant to Texas Regulations for Control of Radiation, Part 13 (25 Texas Administrative Code sec.289.112), has revoked the following certificates of registration: City of Victoria Fire Department, Victoria, R18598, November 24, 1997; Fair Park Medical Clinic, Houston, R22003, November 24, 1997; Avenue C Chiropractic Clinic, Denton, R22153, November 24, 1997; Specific Chiropractic Clinic and Health, Abilene, R21539, November 24, 1997; Killeen Chiropractic, Killeen, R19873, November 24, 1997; Harold W. Clark, Burleson, R20863, November 24, 1997. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Exchange Building, Texas Department of Health, 8407 Wall Street, Austin, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays). Issued in Austin, Texas, on December 5, 1997. TRD-9716384 Susan K. Steeg General Counsel Texas Department of Health Filed: December 5, 1997 Notice of Revocation of A Radioactive Material License The Texas Department of Health (department), having duly filed complaints pursuant to Texas Regulations for Control of Radiation, Part 13 (25 Texas Administrative Code sec.289.112), has revoked the following radioactive material license: The Port Acres Medical Clinic, Port Arthur, G01500, November 24, 1997. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Exchange Building, Texas Department of Health, 8407 Wall Street, Austin, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays). Issued in Austin, Texas, on December 5, 1997. TRD-9716383 Susan K. Steeg General Counsel Texas Department of Health Filed: December 5, 1997 Texas Department of Housing and Community Affairs Manufactured Housing Division Notice of Administrative Hearing Monday, December 22, 1997, 9:00 a.m. State Office of Administrative Hearing, 1700 N 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. Casino Mobile Homes to hear alleged violations that the Respondent violated the Act, sec.7(j)(6) and the Rules, sec.sec.80.28(a), 80.123(a) and 80.203(b) by not properly submitting Monthly Installation Summary Reports showing the number of homes installed; not properly submitting Monthly Sales Summary Reports showing the number of homes sold; and not properly submitting Monthly Used Inventory Reports showing the number of homes which have been taken into inventory during the preceding months. SOAH 332-97-2227. Department MHD1997002359D, MHD1997002890S and MHD1997003499DS. Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475- 3589. Issued in Austin, Texas, on December 10, 1997. TRD-9716589 Larry Paul Manley Executive Director Texas Department of Housing and Community Affairs Manufactured Housing Division Filed: December 10, 1997 Texas Department of Insurance Insurer Services The following applications have been filed with the Texas Department of Insurance and are under consideration: Application to use the assumed name of HERITAGE HEALTH PLANS, a domestic HMO. The home office is located in Tyler, Texas. Any objections must be filed within 20 days after this notice was filed with the Texas Department of Insurance, addressed to the attention of Kathy Wilcox, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701 Issued in Austin, Texas, on December 10, 1997. TRD-9716593 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: December 10, 1997 Notice Docket Number 2303, originally set on October 14, 1997 but postponed, is being reset for January 7, 1998, at 9:00 a.m. This matter which was submitted by the staff of the Texas Department of Insurance recommended approval of several items including: new forms for the Texas Automobile Rental Liability Policy and Texas Automobile Rental Liability Excess Policy; Proposed amendments to Rule 134, Leasing or Rental Concerns, in the Policy Rule Section VII of the Texas Automobile Rules and Rating Manual; proposed New Rule 141, Rental Car Companies, in the Policy Rule Section VII of the Manual; and proposed New Rule 141, Rental Car Companies on Section VII of the Rating Rules portion of the Manual. This docket was previously published in the Texas Register on September 12, 1997, Exempt Filings (22 TexReg 9263). Issued in Austin, Texas, on December 8, 1997. TRD-9716435 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: December 8, 1997 Notice On December 4, 1997, in Order Number 97-1219, the Commissioner of Insurance adopted amendments to the Texas Automobile Insurance Plan Association, Plan of Operation. For copies of Commissioner's order number 97-1219 and the Texas Automobile Insurance Association Plan of Operation, contact Angie Arizpe at (512) 463- 6327 (refer to file number A-1197-35). Issued in Austin, Texas, on December 5, 1997. TRD-9716325 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: December 5, 1997 Notice of Applications by Small Employer Carriers to be Risk-Assuming Carriers Notice is given to the public of the application of the listed small employer carrier to be risk-assuming carriers under Texas Insurance Code Article 26.52. A small employer carrier is defined by Chapter 26 of the Texas Insurance Code as a health insurance carrier that offers, delivers or issues for delivery, or renews small employer health benefit plans subject to the chapter. A risk-assuming carrier is defined by Chapter 26 of the Texas Insurance Code as a small employer carrier that elects not to participate in the Texas Health Reinsurance System. The following small employer carrier has applied to be a risk-assuming carrier: United Pacific Insurance Company The application is subject to public inspection at the offices of the Texas Department of Insurance, Financial Monitoring Unit, 333 Guadalupe, Hobby Tower 3, 3rd Floor, Austin, Texas. If you wish to comment on this application to be a risk-assuming carrier, you must submit your written comments within 60 days after publication of this notice in the Texas Register to Caroline Scott, Chief Clerk, Mail Code 113-1C, Texas Department of Insurance, P. O. Box 149104, Austin, Texas 78714-91204. An additional copy of the comments must be submitted to Mike Boerner, Managing Actuary, Actuarial Division of the Financial Program, Mail Code 304-3A, Texas Department of Insurance, P. O. Box 149104, Austin, Texas 78714-9104. Upon consideration of the application, if the Commissioner is satisfied that all requirements of law have been met, the Commissioner or his designee may take action to approve the application to be a risk-assuming carrier. Issued in Austin, Texas, on December 8, 1997. TRD-9716511 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: December 8, 1997 Notice of Public Hearing The Commissioner of Insurance, at a public hearing under Docket Number 2332 scheduled for January 29, 1998 at 9:00 a.m. in Room 100 of the William P. Hobby, Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, will consider a proposal made in a staff petition. Staff's petition seeks amendment of the Texas Automobile Rules and Rating Manual (the Manual), to adopt new and/or adjusted 1998 model Private Passenger Automobile Physical Damage Rating Symbols and revised identification information. Staff's petition (Reference Number A- 1297-39-I) was filed on December 3, 1997. The new and/or adjusted symbols for the Manual's Symbols and Identification Section reflect data compiled on damageability, repairability, and other relevant loss factors for the listed 1998 model vehicles. A copy of the petition, including an exhibit with the full text of the proposed amendments to the Manual 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 petition, please contact Angie Arizpe at (512) 463-6326; refer to (Reference Number A-1297-39-I). Comments on the proposed changes 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 Insurance Lines, Texas Department of Insurance, P.O. Box 149104, MC 104-5A, Austin, Texas 78714-9104. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Government Code, Chapter 2001 (Administrative Procedure Act). Issued in Austin, Texas, on December 8, 1997. TRD-9716595 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: December 10, 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 incorporation in Texas of Nationwide Medical Review, Inc., a domestic third party administrator. The home office is Kirbyville, Texas. 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 December 5, 1997. TRD-9716324 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: December 5, 1997 Third Party Administrators 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 CMS Insurance Administrator, Inc., a foreign third party administrator. The home office is Santa Rosa, California. 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 December 8, 1997. TRD-9716512 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: December 8, 1997 Commission on Jail Standards Grant Amendment Jail Standards, and titled Survey of Juvenile Detainees has been amended with supplemental grant funds to perform an additional task that was not included in the original grant application. Issued in Austin, Texas, on December 9, 1997. TRD-9716569 Jack E. Crump Executive Director Commission on Jail Standards Filed: December 9, 1997 Texas Natural Resource Conservation Commission Notice of Applications for Waste Disposal/Discharge Permits Applications for waste disposal/discharge permits issued during the period of December 1st through December 9, 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. AMERICAN NATIONAL CAN COMPANY, 1001 Fisher Road, Longview, Texas 75604; an aluminum can manufacturing plant; is located approximately 800 feet southwest of the intersection of U.S. Highway 80 and Fisher Road, in the City of Longview, Gregg County, Texas; new; Permit Number 03953. CITY OF CHILLICOTHE, P.O. Box 546, Chillicothe, Texas 79225; the wastewater treatment plant is located northwest of the City of Chillicothe near the intersection of the Burlington Northern and Atchison Topeka and Santa Fe Railroads and approximately 1/4 mile west of the intersection of Farm-to-Market Road 924 and Farm-to-Market Road 2006 in the City of Chillicothe in Hardeman County, Texas; renewal; Permit Number 10639-001. DENNY'S INC., 15815 Eastex Freeway, Humble, Texas 77338; the wastewater treatment plant is located at 15815 Eastex Freeway (U.S. Highway 59) and approximately 150 feet north of Bender Road in Harris County, Texas; renewal; Permit Number 11055-01. CITY OF FRISCO, P.O. Drawer 1100, Frisco, Texas 75034; the Stewart Creek Wastewater Treatment Facilities are located immediately southwest of the Saint Louis-San Francisco Railroad crossing of Stewart Creek approximately 2,500 feet south of Farm-to-Market Road 720 in Collin County, Texas; amendment; Permit Number 10172-001. GREEN TRAILS MUNICIPAL UTILITY DISTRICT, in care of Schwartz, Page & Harding, L.L.P., 1300 Post Oak Boulevard, Suite 1400, Houston, Texas 77056; the wastewater treatment plant is on the north bank of Mason Creek, approximately two miles south of Interstate Highway 10, between Baker and Fry Roads in Harris County, Texas; renewal; Permit Number 12289-01. CITY OF HAMLIN, P.O. Box 157, Hamlin, Texas 79520; the wastewater treatment plant is located approximately 1/4 mile southeast of the intersection of State Highway 92 and .S. Highway 83 on the north bank of California Creek in Jones County, Texas; renewal; Permit Number 10491-002. CITY OF LITTLEFIELD, P.O. Box 1267, Littlefield, Texas 79339-1267; the wastewater treatment facility and disposal site are located on the north side of Farm-to-Market Road 54 and approximately 1.4 miles east of the intersection of U.S. Highway 385 and Farm-to-Market Road 54 in Lamb County, Texas; new; Permit Number 10207-002. CITY OF ORANGE GROVE, P.O. Box 1350, Orange Grove, Texas 78372; the City of Orange Grove Wastewater Treatment Plant is located on the east side of County Road 351, approximately 0.5 mile south of the City of Orange Grove and approximately 0.9 mile south of the intersection of County Road 351 and Farm-to- Market Road 624 in Jim Wells County, Texas; renewal; Permit Number 10592-001. CITY OF QUEEN CITY, P.O. Box 301, Queen City, Texas 75572; the wastewater treatment plant is located on the south side of Cypress Creek, approximately 1.1 miles east and 0.2 mile north of the intersection of Farm-to-Market Road 96 and U.S. Highway 59 in Cass County, Texas; renewal; Permit Number 11225-001. SHELL OIL COMPANY, Deer Park Plant, P.O. Box 100, Deer Park, Texas 77536; a plant manufacturing petrochemicals; the plant site is located at 5900 Highway 225 in the City of Deer Park, Harris County, Texas; amendment with renewal; Permit Number 00402. Issued in Austin, Texas, on December 8, 1997. TRD-9716541 Eugenia K. Brumm, Ph.D. Chief Clerk Texas Natural Resource Conservation Commission Filed: December 9, 1997 Notice of Application The following notices of application for permits to appropriate Public Waters of the State of Texas were issued during the period November 10, 1997 through November 25, 1997. GARWOOD IRRIGATION COMPANY, P.O. Box 428, Garwood, Texas 77442; Application Number 14-5434B to amend Certificate of Adjudication Number 14-5434, as amended. Certificate of Adjudication Number 14-5434, as amended, includes authorization for Garwood Irrigation Company to divert and use not to exceed 168,000 acre-feet of water per annum at a maximum rate of 750 cfs from a point in Colorado County on the west bank of the Colorado River, Colorado River Basin for irrigation within the Company's service area in Colorado and Wharton Counties. The current service area includes land in the Colorado and Lavaca River Basins. The certificate indicates that not to exceed 35,000 acre-feet per annum out of the total of 168,000 acre-feet per annum is authorized for municipal and industrial purposes within the applicant's service area in Colorado and Wharton Counties. The priority date of Certificate No. 14-5434, as amended, is November 1, 1900. Pursuant to an agreement between Garwood Irrigation Company (Garwood) and the City of Corpus Christi (Corpus Christi), on January 30, 1997, Garwood divided the water rights authorized by Certificate Number 14-5434, as amended, into two separate and distinct portions: (1) Corpus Christi's Right and (2) Garwood's Remaining Right. Under "Corpus Christi's Right," Garwood is authorized to divert and use not to exceed 35,000 acre-feet of water per annum from the Colorado River for irrigation, municipal and industrial purposes at a maximum diversion rate of 150 cfs. Under "Garwood's Remaining Right," Garwood is authorized to divert and use not to exceed 133,000 acre-feet of water per annum from the Colorado River for irrigation at a maximum diversion rate of 600 cfs. The agreement also indicated that "Corpus Christi's Right" is subordinate in time priority to "Garwood's Remaining Right." Pursuant to the aforesaid agreement, Garwood is requesting that the Commission amend the "Corpus Christi's Right" portion of Certificate Number 14-5434, as amended, to the extent necessary, and that it grant such authorizations as may be necessary, pursuant to any provision of the Texas Water Code that may be applicable including, without limitation, Sections 11.122 and 11.085, so that the 35,000 acre-feet of water per annum authorized to be diverted from the Colorado River under "Corpus Christi's Right" is: (a) authorized to be used for municipal and industrial purposes; (b) authorized to be diverted anywhere on the west bank of the Colorado River within three different reaches referred to as Segments "A", "B" and "C"; and authorized to be diverted from the Colorado River Basin and transferred for use anywhere within the Lavaca, Guadalupe, San Antonio and Nueces River Basins and the Colorado-Lavaca, Lavaca-Guadalupe, San Antonio-Nueces, and Nueces-Rio Grande Coastal Basins. Garwood further requests that the Commission confirm that "Corpus Christi's Right", if so amended, would retain the November 1, 1900 priority date of Certificate Number 14-5434, but that it be subordinate in priority to "Garwood's Remaining Right" pursuant to the aforesaid agreement between the two parties. The Corpus Christi service area includes land in the San Antonio and Nueces River Basins and the San Antonio-Nueces and Nueces-Rio Grande Coastal Basins in Aransas, Atascosa, Bee, Duval, Jim Wells, Kenedy, Kleberg, Live Oak, McMullen, Nueces, San Patricio and Willacy Counties. NATIONAL GOLF OPERATING PARTNERSHIP, L.P., 2951 28th Street, Suite 3001, Santa Monica, California 90405-2961; Application Number 4152A to amend Water Use Permit Number 4036. Water Use Permit Number 4036 (Application Number 4152) authorizes the applicant to impound not to exceed 156 acre-feet of water in an existing SCS reservoir in Collin County, designated as Site Number 5A in the East Fork Watershed above Lavon, on an unnamed tributary of Wilson Creek, tributary of the East Fork Trinity River, tributary of the Trinity River, Trinity River Basin, for recreational use only. The Soil Conservation Service (SCS) is now known as the Natural Resource Conservation Service. The permit also authorizes the applicant to maintain four other existing reservoirs on unnamed tributaries of Wilson Creek and impound therein 25 acre-feet, 20 acre-feet, 40 acre-feet and two acre-feet for in-place recreational use. These reservoirs are actually on an unnamed tributary of Comegy's Creek, which is a tributary of Wilson Creek. The permit has a time priority of September 28, 1981. Permit Number 4036 includes a condition requiring the passing of all of the inflow through each reservoir when the water in downstream Lake Lavon falls below 492.0 mean sea level, the elevation of the top of the conservation pool. The applicant seeks to amend the permit to add the right to divert 321 acre-feet of water per year at a maximum rate of 2,400 gpm (5.35 cfs) from the perimeter of the SCS reservoir for irrigation of 118 acres of land, and to delete the aforesaid 2 acre-foot reservoir from the permit, as it has already been physically removed. The 118 acres to be irrigated are located within seven tracts totaling 160.854 acres and are known as Eldarado Country Club. QUALITECH STEEL CORPORATION, 200 Marvin L. Berry Road, Corpus Christi, Texas 78409; Application Number 5602 to obtain a permit to divert not to exceed 161,300 acre-feet of saline water per year from a segment of the Corpus Christi Ship Channel (Inner Harbor) referred to as the Viola Channel, Corpus Christi Inner Harbor, Nueces-Rio Grande Coastal Basin, in Nueces County for industrial purposes. The water will be circulated through a non-contact once-through cooling system at the applicant's iron carbide production facility approximately five miles northwest of Corpus Christi, Texas and discharged to the Tule Lake Turning Basin, which is part of the Viola Channel. No water will be consumed in the use of the water at the plant and less than two percent of the water will be lost to evaporation after it is discharged at depth to the Tule Lake Turning Basin. The diversion point will be on land owned by Berry Group, Ltd., which the applicant is leasing. WILLIAM GAVRANOVIC, JR., 5702 May Road, Wharton, Texas to divert and use not to exceed a total of 4,350 acre-feet of water per annum (3,500 acre-feet per annum from the Brazos River and 850 acre-feet per annum from the Old River, tributary of the Brazos River, Brazos River Basin) at a maximum combined rate of 4,000 gallons per minute (8.91 cubic feet per second), to irrigate a maximum of 1,000 acres of land located within two tracts totaling 1069.77 acres in Burleson County, approximately 12 miles south of College Station, Texas. T C & E REALTY, INC., P.O. Box 666, Killeen, Texas 76540; Application Number 5089A to amend Permit Number 5089. Water Use Permit Number 5089 authorizes Connell Rent A Car to divert and use not to exceed 60 acre-feet of water per year from either bank of South Nolan Creek, tributary of Nolan Creek, tributary of the Leon River, tributary of the Little River, tributary of the Brazos River, Brazos River Basin. Diverted water is authorized to be used to irrigate a maximum of 60 acres located within two tracts totaling 193.05 acres approximately ten miles west-northwest of Belton, Texas. The permit has a maximum diversion rate of 2.2 cfs (1000 gallons per minute), a time priority of August 19, 1986, and a December 31, 1997 expiration date. The applicant seeks to amend the permit by extending the time limitation another ten years. T C & E REALTY, INC., P.O. Box 666, Killeen, Texas 76540; Application Number 5088A to amend Permit Number 5088. Water Use Permit No. 5088 authorizes T C & E Realty, Inc. to divert and use not to exceed 37 acre-feet of water per year from the north, or right, bank of South Nolan Creek, tributary of Nolan Creek, tributary of the Leon River, tributary of the Little River, tributary of the Brazos River, Brazos River Basin, to irrigate a maximum of 37.32 acres in Bell County, Texas. The permit has a maximum diversion rate of 2.2 cfs (1000 gallons per minute), a time priority of August 19, 1986, and a December 31, 1997 expiration date. The applicant seeks to amend the permit by extending the time limitation another ten years. If a hearing request is filed, the Executive Director will not approve the application and will forward the application and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting. If a hearing is held, it will be a legal proceeding similar to civil trials in state district court. If you wish to appeal a permit issued by the Executive Director, you may do so by filing a written Motion for Reconsideration with the Chief Clerk of the Commission no later than 20 days after the date the Executive Director signs the permit. Requests for a public hearing must be submitted in writing to the Chief Clerk's Office, MC 105, TNRCC, P.O. Box 13087, Austin, Texas 78711-3087. Individual members of the public who wish to inquire about the information contained in this notice, or to inquire about other agency permit applications or permitting processes, should call the TNRCC Office of Public Assistance, Toll Free, at 1- 800-687-4040. Issued in Austin, Texas, on December 9, 1997. TRD-9716542 Eugenia K. Brumm, Ph.D. Chief Clerk Texas Natural Resource Conservation Commission Filed: December 9, 1997 Notice of Public Hearing Notice of public hearing by the Texas Natural Resource Conservation Commission on proposed revisions to 30 TAC Chapter 115 and to the state implementation plan. Notice is hereby given that pursuant to the requirements of the Texas Health and Safety Code Annotated, sec.382.017 (Vernon's 1992); Texas Government Code Annotated, Subchapter B, Chapter 2001 (Vernon's 1993); and 40 Code of Federal Regulations, sec.51.102, of the United States Environmental Protection Agency regulations concerning State Implementation Plans (SIP), the Texas Natural Resource Conservation Commission (commission) will conduct a public hearing to receive testimony regarding revisions to 30 TAC Chapter 115 and to the SIP. This proposal revises sec.115.10, concerning Definitions; adds a new sec.115.420, and revises sec.sec.115.421-115.423, 115.426, 115.427, and 115.429, concerning Surface Coating Processes, in response to requirements of the 1990 Amendments to the Federal Clean Air Act (FCAA). The revisions and new section establish emission limits for various coatings and cleaning operations at wood furniture manufacturing operations and shipbuilding/ship repair operations, restrict the use of conventional spray guns at wood furniture manufacturing operations to specific circumstances, and add definitions for terms used in these rules. A public hearing on this proposal will be held in Austin on January 13, 1998, at 10:00 a.m. in Building F, Room 2210, at the commission complex, located at 12100 North IH-35, Park 35 Circle, Austin. 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 will answer questions before and after the hearing. Written comments may be mailed to Heather Evans, Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Comments must be received by 5:00 p.m., January 20, 1998. For further information on this proposal, please contact Mr. Eddie Mack, Air Policy and Regulations Division, at (512) 239-1488. 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 December 3, 1997. TRD-9716210 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: December 3, 1997 Provisionally-Issued Temporary Permits Provisionally-Issued Temporary Permits to Appropriate State Water Listed below are permits issued during the period of December 9, 1997. Application Number TA-7902 by Hunter Industries, Inc. for diversion of 1 acre- foot in a 6-month period for industrial (roadway construction) use. Water may be diverted from Mustang Creek, Brazos River Basin, approximately 24 miles southeast of Georgetown, Williamson County, Texas at the crossing of F.M. 619 and Mustang Creek. Application Number TA-7904 by Robertson Onshore Drilling Co. for diversion of one acre-foot in a 6-month period for mining (oil well drilling) use. Water may be diverted from the Trinity River, Trinity River Basin, approximately 30 miles northwest of Athens, Henderson County, Texas and four miles west of State Highway 274. Application Number TA-7906 by Hunter Industries, Inc. for diversion of one acre- foot in a 6-month period for industrial (roadway construction) use. Water may be diverted from Brushy Creek, Brazos River Basin, approximately 20 miles southeast of Georgetown, Williamson County, Texas at the crossing of F.M. 973 and Brushy Creek. 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 December 10, 1997. TRD-9716616 Eugenia K. Brown, Ph.D. Chief Clerk Texas Natural Resource Conservation Commission Filed: December 10, 1997 Public Hearing Notice Notice is hereby given that pursuant to the requirement of the 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 new Chapter 205, relating to general permits for Waste Discharges and amendments to Chapter 321, relating to control of certain activities by rule. The new Chapter 205 will implement amended Texas Water Code, sec.26.040, which became law as an act of the 75th Texas Legislature (1997). The proposed rules also describe the procedures the commission will use to develop and issue general permits as well as the procedures to authorize discharges under the terms of any general permit. These permits may supersede some authorizations by rule currently utilized by the commission, and will offer an alternative to individual permits for eligible dischargers. Current authorizations-by-rule will remain in effect until expressly superseded by commission action. Chapter 321, Subchapter I, is amended to reflect the new authority of the commission to authorize certain discharges by general permit, rather than through permit by rule. The amendments also revise the rule to add a reference to new 30 TAC Chapter 205 (relating to General Permits). A public hearing will be held January 14, 1998, at 10:00 a.m. in Room 5108 of commission building F, located at 12100 Park 35 Circle, Austin. The hearing is structured for the receipt of oral or written comment by interested persons. Individuals may present oral statements when called upon in the order of registration. Open discussion within the audience will not occur during the hearing; however, a commission staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing. Written comments on the proposal should refer to Rule Log Number 97151-205-WT and may be submitted to Lutrecia Oshoko, Texas Natural Resource Conservation Commission, Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-4640. Comments may be faxed to (512) 239- 5687, but must be followed up with the submission and receipt of the written comments within three working days of when they were faxed. Written comments must be received by 5:00 p.m., January 23, 1998. For further information concerning this proposal, please contact Thomas W. Weber, Texas Natural Resource Conservation Commission, Water Quality Division, (512) 239-4554. Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the agency at (512) 239-1459. Requests should be made as far in advance as possible. Issued in Austin, Texas, on December 8, 1997. TRD-9716590 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: December 10, 1997 Notice of Application for Amendment to Service Provider Certificate of Operating Authority On December 4, 1997, Kingsgate Telephone, Inc., d/b/a Greenleaf Telephone Company filed an application with the Public Utility Commission of Texas (PUC) to amend its certificate of operating authority (COA) granted in COA Certificate No. 50002. Applicant intends to expand its geographic area to include the exchanges of Cypress, Tomball, and Klein served by Southwestern Bell Telephone Company. The Application: Application of Kingsgate Telephone, Inc., d/b/a Greenleaf Telephone Company for an amendment to its Certificate of Operating Authority, Docket Number 18197. 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 December 29, 1997. You may contact the PUC Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936- 7136. All correspondence should refer to Docket Number 18197. Issued in Austin, Texas, on December 8, 1997. TRD-9716503 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: December 8, 1997 Notice of Application On December 5, 1997, MultiTechnology Services, L.P. 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 Number 60097. Applicant intends to change ownership. The Application: Application of MultiTechnology Services, L.P. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 18437. 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 December 29, 1997. You may contact the PUC Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936- 7136. All correspondence should refer to Docket Number 18437. Issued in Austin, Texas, on December 9, 1997. TRD-9716559 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: December 9, 1997 Notice of Application for Approval of Certain Depreciation Rates Notice is given to the public of the filing with the Public Utility Commission of Texas an application on December 3, 1997, for approval of certain depreciation rates pursuant to sec.sec.52.002, 52.003, 52.252, and 53.056, of the Public Utility Regulatory Act, Texas Utility Code Annotated (Vernon 1998) (PURA). A summary of the application follows. Docket Title and Number: Application of Southwest Texas Telephone Company for an Increase in Certain Depreciation Rates, Docket Number 18427 before the Public Utility Commission of Texas. The Application: In Docket Number 18427, Southwest Texas Telephone Company requests approval to increase certain deprecation rates to receive full capital recovery of the following accounts: computers, digital electronic switching equipment, circuit equipment, buried cable-metallic, and radio systems. 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 on or before January 14, 1997. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on December 8, 1997. TRD-9716500 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: December 8, 1997 Public Utility Commission of Texas Notice of Application for Service Provider Certificate of Operating Authority Notice is given to the public of the filing with the Public Utility Commission of Texas an application on December 1, 1997, for a service provider certificate of operating authority (SPCOA), pursuant to sec.sec.54.102-54.111 of the Public Utility Regulatory Act (PURA). A summary of the application follows. Docket Title and Number: Application of Cable Plus Company, L.P., doing business as Telephone Plus for a Service Provider Certificate of Operating Authority, Docket Number 18414 before the Public Utility Commission of Texas. Applicant intends to provide enhanced telecommunications services utilizing advanced telecommunications switching platforms. Applicant intends to provide local dialtone, enhanced calling features, enhanced services, intraLATA, intrastate, interLATA, interstate and international long distance service. Applicant's requested SPCOA geographic area includes the geographic regions currently served by the following local exchange companies: Southwestern Bell Telephone Company, GTE Southwest, Inc., Central Telephone Company of Texas, United Telephone Company of Texas, Inc., Sugar Land Telephone Company, and Lufkin-Conroe Telephone Exchange, Inc. within 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 December 29, 1997. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on December 9, 1997. TRD-9716558 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: December 9, 1997 Notice of Application Notice is given to the public of the filing with the Public Utility Commission of Texas an application on December 8, 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 Buy-Tel Communications, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 18446 before the Public Utility Commission of Texas. Applicant intends to provide commercial, residential and metro telephone services with all Texas telephone service providers that have shared telecommunication capabilities. Applicant's requested SPCOA geographic area includes the entire state of Texas within the territories of Sprint/United Telephone Company of Texas, Inc., Southwestern Bell Telephone Company, and GTE Southwest, 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 December 29, 1997. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on December 9, 1997. TRD-9716562 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: December 9, 1997 Notice of Application for Service Provider Certificate of Operating Authority Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on December 1, 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 North American Telecommunications Corporation for a Service Provider Certificate of Operating Authority, Docket Number 18190 before the Public Utility Commission of Texas. Applicant intends to resell the services of other licensed carriers, and will seek to enter both the residential and commercial markets providing basic switched local exchange service; private line local service, interexchange telecommunications services, and switched access and special access services. Applicant's requested SPCOA geographic area includes the entire state of Texas. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than December 29, 1997. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on December 8, 1997. TRD-9716499 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: December 8, 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 November 24, 1997, to amend a certificate of convenience and necessity pursuant to sec.sec.14.001, 32.001, 36.001, 37.051, and 37.054, 37.056, 37.057, 37.058 of the Public Utility Regulatory Act, (PURA) 75th Legislature, R.S. chapter 166, sec.1, 1997 Texas Session Law Service 713 (Vernon) (to be codified at TEX. UTIL. CODE ANN. sec.sec.11.001 - 63.063). A summary of the application follows. Docket Title and Number: Application of Pedernales Electric Cooperative, Inc. to Amend a Certificate of Convenience and Necessity to Construct a Proposed Transmission Line within Hays and Travis Counties, Docket Number 18389 before the Public Utility Commission of Texas. The Application: In Docket Number 18389, Pedernales Electric Cooperative, Inc. requests an amendment to its certificate of convenience and necessity in order to construct approximately 9.03 miles of 138-kV transmission line to improve service reliability in Hays and Travis Counties. 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 within 15 days of this notice. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on December 4, 1997. TRD-9716286 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: December 4, 1997 Notice of Application The staff of the Public Utility Commission of Texas (PUC) is preparing an application in conjunction with its new proposed rule, Substantive Rule sec.23.25 relating to Procedures Applicable to Chapter 58--Electing Incumbent Local Exchange Companies (ILECs). The application will facilitate new expedited procedures for electing ILECs to introduce a new service, or to modify the rates or tariff terms for an existing service. Pursuant to 16 Texas Administrative Code sec.22.80, notice of the application is being published for the purpose of receiving public comment. Along with a copy of this notice, the proposed application has been filed with the PUC. Persons wishing to review the application may obtain a copy from the PUC's Central Records Office, 1701 North Congress Avenue, Austin, Texas 78711- 3326. Persons wishing to comment on the proposed form should submit five copies of written comments no later than 30 days after the date of publication of this notice. Written comments should clearly reference the application and Project Number 17472, apart from those comments addressing the rule, and should be sent to Commission Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, Austin, Texas 78711-3326. Issued in Austin, Texas, on December 9, 1997. TRD-9716570 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: December 9, 1997 Notice of Intent to File Pursuant to Public Utility Commission Substantive Rule 23.27 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission Substantive Rule 23.27 for a 160 station addition to the existing PLEXAR-Custom service for Lubbock MHMR in Lubbock, Texas. Tariff Title and Number: Application of Southwestern Bell Telephone Company for a 160 Station Addition to the Existing PLEXAR-Custom Service for Lubbock MHMR in Lubbock, Texas, Pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 18451. The Application: Southwestern Bell Telephone Company is requesting approval for a 160 station addition to the existing PLEXAR-Custom service for Lubbock MHMR in Lubbock, Texas. The designated exchange for this service is the Lubbock exchange, and the geographic market for this specific PLEXAR-Custom service is the Lubbock LATA. 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 December 9, 1997. TRD-9716571 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: December 9, 1997 Public Notice On November 24, 1997, Kingsgate Telephone, Inc., filed an application for approval of an amendment to an existing interconnection agreement under sec.252 of 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), the Public Utility Regulatory Act, Texas Utilities Code Annotated sec.sec.11.001-63.063 (Vernon 1998) (PURA). The application is available for public inspection at the commission's offices in Austin, Texas. The commission must act to approve the amendment to the interconnection agreement within 35 days after it is submitted by the parties. The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to 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 Project Number 18388. 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 December 30, 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 issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to Public Utility Commission 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. 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 project or who wish to comment on the joint 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 Project Number 18388. Issued in Austin, Texas, on December 9, 1997. TRD-9716561 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: December 9, 1997 Public Notice of Interconnection Agreement On December 5, 1997, Winstar Wireless of Texas, Inc., and GTE Southwest, Inc., 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, Texas Utilities Code Annotated sec.sec.11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 18442. 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 18442. 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 January 6, 1998, 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 Public Utility Commission 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 18442. Issued in Austin, Texas, on December 9, 1997. TRD-9716560 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: December 9, 1997 On December 4, 1997, United Telephone Company of Texas, Inc., d/b/a Sprint and Central Telephone Company of Texas d/b/a Sprint and MetroPhone, 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, Texas Utilities Code Annotated sec.sec.11.001-63.063 (PURA). The joint application has been designated Docket Number 18433. 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 18433. 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 January 5, 1998, 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 18433. Issued in Austin, Texas, on December 8, 1997. TRD-9716502 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: December 8, 1997 Public Notice of Interconnection Agreements On December 4, 1997, Kingsgate Telephone, Inc., d/b/a Greenleaf Telephone Company filed an application with the Public Utility Commission of Texas (PUC) to amend its certificate of operating authority (COA) granted in COA Certificate No. 50002. Applicant intends to expand its geographic area to include the exchanges of Cypress, Tomball, and Klein served by Southwestern Bell Telephone Company. The Application: Application of Kingsgate Telephone, Inc., d/b/a Greenleaf Telephone Company for an amendment to its Certificate of Operating Authority, Docket Number 18197. 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 December 29, 1997. You may contact the PUC Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936- 7136. All correspondence should refer to Docket Number 18197. Issued in Austin, Texas, on December 8, 1997. TRD-9716501 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: December 8, 1997 Railroad Commission of Texas Announcement The Railroad Commission of Texas requests proposals for professional services from engineering firms with expertise in environmental assessments. Selection of the engineering firms will be in accordance with the Professional Services Procurement Act (Sections 2254.001 et seq. of Texas Government Code). The Commission shall have the sole authority to enter into any contracts. Interested parties can receive a copy of the Request For Proposal that describes the format and scope of services by contacting John James Tintera, Deputy Assistant Director of Site Remediation and Special Response, at: Railroad Commission of Texas, Oil and Gas Division, 1701 North Congress, P.O. Box 12967, Austin, Texas 78711-2967, or by phone at 512-463-6765. All submittals must be received by the Commission at the above address by 5:00 p.m., January 22, 1998. Issued in Austin, Texas, on December 8, 1997. TRD-9716475 Mary Ross McDonald Deputy General Counsel/Office of General Counsel Railroad Commission of Texas Filed: December 8, 1997 The Texas A&M University System Consultant Contract Award Notification In compliance with the provisions of Texas Civil Statutes, Article 6265-11c, Texas A&M International University furnishes this notice of consultant contract award. After solicitation of proposals in the June 3, 1997, issue of the Texas Register (22 TexReg 4925), one proposal was approved for funding. The contract was awarded for the development and implementation of a comprehensive job evaluation and compensation plan for Texas A&M International University. The contract was awarded to Arthur Andersen LLP, 711 Louisiana Street, Suite 1300, Houston, TX 77002-2786, for $46,403 including expenses. The beginning date for this project is November 24, 1997, and the approximate ending date is March 1, 1998. The final report and management letter are due to be completed by March 1, 1998. For further information, please call (956) 326-2365. Issued in College Station, Texas, on December 5, 1997. TRD-9716374 Vickie Burt Executive Secretary to the Board The Texas A&M University System Filed: December 5, 1997 Texas Department of Transportation Notice of Invitation Notice of Invitation: The San Angelo District of the Texas Department of Transportation (TxDOT) intends to enter into one contract with a professional engineer, pursuant to Texas Government Code, Chapter 2254, Subchapter A, and 42 TAC 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 categories 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. Please be advised, a prime provider or subprovider currently employing former TxDOT employees, needs to be aware of the revolving door laws, including Government Code, Chapter 572 and Section 52, Article IX, of the General Appropriations Bill. To be considered, the proposed team must demonstrate that they have a professional engineer, architect, landscape architect, or surveyor registered in Texas who will sign and/or seal the work to be performed on the contract. Contract Number: 07-845P5002, The precertified work categories and the percent of work per category are as follows: 3.1.1 Route Studies and Schematic Design (Minor Roadways) (10%); 3.5.1 Major Bridge Layouts (5.0%); 4.1.1 Minor Roadway Design (55%); 8.1.1 Signing, Pavement Marking and Channelization (5.0%); 10.2.1 Basic Hydraulic Design (15%); 14.3.1 Transportation Foundation Studies (1%); 15.1.1 Survey (1.0%); 15.1.2 Parcel Maps (1.0%); 15.1.3 Legal Descriptions (1.0%); 15.1.4 Right of Way Maps (1.0%); 15.2.1 Survey (5%). The work performed shall consist of development of the schematic and plans, specifications and estimates for the reconstruction and widening of two sections of SH 158 to a four-lane undivided roadway. Historically Underutilized Business (HUB) Goal: The goal for HUB participation in the work to be performed under this contract is zero percent of the contract amount. Long List Criteria: TxDOT will consider the following criteria in its review of all interested providers: 1. Past Performance: Minimum - The prime provider's project manager must have one favorable reference from other entities on similar type of work (two favorable references preferred). 2. Project Requirements of Team Route Studies and Schematic Design - Minor Roadways (3.1.1): Minimum - Three years experience (four years preferred). Major Bridge Layouts (3.5.1): Minimum - Three years experience (four years preferred). Minor Roadway Design (4.1.1): Minimum - Three years experience (four years preferred). Signing, Pavement Marking and Channelization (8.1.1): Minimum - Two years experience (three years preferred). Basic Hydraulic Design (10.2.1): Minimum - Four years experience (five years preferred). Transportation Foundation Studies (14.3.1): Minimum - Two years experience (three years preferred). Survey (15.1.1): Minimum - Three years experience (four years preferred). Parcel Maps (15.1.2): Minimum - Three years experience (four years preferred). Legal Descriptions (15.1.3): Minimum - Three years experience (four years preferred). Right of Way Maps (15.1.4): Minimum - Three years experience (four years preferred). Design Survey (15.2.1): Minimum - Three years experience (four years preferred). 3. Special (Similar) Project Related Experience of the Project Manager and Team Members Route Studies and Schematic Design - Minor Roadways (3.1.1): Minimum - Assigned team member has developed two schematics for construction projects (three projects preferred). Major Bridge Layouts (3.5.1): Minimum - Assigned team member has developed two bridge layouts for construction projects (three projects preferred). Minor Roadway Design (4.1.1): Minimum - Assigned team member has developed PS&E for two rural multi-lane highway projects (three projects preferred). Signing, Pavement Marking and Channelization (8.1.1): Minimum - Assigned team member has developed Signing, Pavement Marking and Channelization summaries/details for two rural multilane highway projects (three projects preferred). Basic Hydraulic Design (10.2.1): Minimum - Assigned team member has developed the hydraulic design for two rural highway projects (three projects preferred). Transportation Foundation Studies (14.3.1): Minimum - Assigned team member has performed foundation studies for bridge/retaining walls on two highway projects (three projects preferred). Survey (15.1.1): Minimum - Assigned team member demonstrates three years experience on highway projects (four years preferred). Parcel Maps (15.1.2): Minimum - Assigned team member demonstrates three years experience on highway projects (four years preferred). Legal Descriptions (15.1.3): Minimum - Assigned team member demonstrates three years experience on highway projects (four years preferred). Right of Way Maps (15.1.4): Minimum - Assigned team member demonstrates three years experience on highway projects (four years preferred). Design Survey (15.2.1): Minimum - Assigned team member demonstrates three years experience on highway projects (four years preferred). Project Manager: Minimum - Registered Professional Engineer with experience as key team member on two rural highway projects (three projects preferred). Note: Designated key team members (Engineers and Technicians) may perform in more than one capacity within the team. 4. Evidence of Compliance with HUB Goal - Not applicable. Deadline: A letter of interest notifying TxDOT of the provider's intent to submit a proposal will be accepted by fax at (915) 947-9244, or by hand delivery or mail to TxDOT, San Angelo District, Attention: Matt C. Carr, P.E., 4502 Knickerbocker Road, San Angelo, Texas, 76904. Letters of interest will be received until 5:00 p.m., January 16, 1998. Letter of Interest Requirements: The letter of interest is limited in length to three 8 1/2 x 11 pages (10 or 12 point font size, single sided with no attachments or appendices), and must include contract number 07-845P5002; 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; a list of the prime provider's project manager and key personnel proposed for the contract; team, capabilities; special project related experience; 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 Matt C. Carr, P.E. at (915) 947-9233 or fax (915) 947-9244. Issued in Austin, Texas, on December 8, 1997. TRD-9716581 Bob Jackson Deputy General Counsel Texas Department of Transportation Filed: December 10, 1997 Rate Schedule Public Notice: The Texas Department of Transportation is authorized by Texas Civil Statutes, Article 6144e to publish literature for the purpose of advertising the highways of this state and encouraging travel in Texas, and to include paid advertising in such literature. Title 43, Texas Administrative Code, sec.23.10 describes the policies governing advertising in department travel literature, lists acceptable and unacceptable subjects for advertising in department travel literature, and describes the procedures by which the department will solicit advertising. As required by 43 TAC sec.23.10(e)(4)(A), the department invites any individual or entity interested in advertising in department travel literature to request to be added to the department's mailing list. Written requests may be made through the department's contracted agent by writing to Recognition Communications, Inc., 9794 Forest Lane, Suite 634, Dallas, Texas 75243. Requests may also be made by telephone to 1-800-969-9896 or faxed to 1-800-839(TEX)-7344. The department is now accepting advertising for the 1999 edition of the Texas State Travel Guide, scheduled to be printed and available in February 1999. All individuals and entities on the mailing list will be contacted by mail on January 20, 1998, and will have an opportunity to request a media kit containing rate card information, publisher's editorial profile, order form, and a sample of the Texas State Travel Guide. The department will also contact all individuals and entities added to the mailing list until the deadline for accepting advertising space. On and after February 20, 1998, the department will accept all insertion orders (orders for paid advertising) received prior to the publication deadline, on a first-come, first-served basis or until all advertising space is filled. Insertion orders postmarked or received prior to February 20, 1998, will not be accepted. All insertion orders will be stamped with the date they are received. Orders for premium space will only be accepted by mail postmarked on or after February 20, 1998. Advertisers must indicate ranked preference on all premium positions desired. If more than one insertion order for any premium position is received on the same day, the department will determine selection by a drawing held on March 9, 1998. Insertion orders for an inside front cover spread and inside back cover spread will take precedence over an inside front cover and inside back cover insertion order. The publication deadline for accepting advertising space is November 10, 1998. The deadline for accepting materials is December 3, 1998. The Texas State Travel Guide is designed to encourage readers to explore and travel in Texas. The guide lists cities and towns alphabetically, featuring population figures and recreational travel sites for each, along with maps and 4 color photography. The guide also includes sections listing Texas lakes, state parks, state and national forests, and hunting and fishing information. The State of Texas distributes this vacation guide to travelers in Texas and to those who request travel planning information for Texas. The rate card information for the Texas State Travel Guide is included in this publication as Figure 1, 43 TAC sec.23.10. graphic Issued in Austin, Texas, on December 10, 1997. TRD-9716580 Bob Jackson Deputy General Counsel Texas Department of Transportation Filed: December 10, 1997 Texas Workers Compensation Commission Corrections of Error The Texas Workers Compensation Commission proposed amendments 28 TAC sec.sec.164.1-164.8, 164.10-164.12, and 164.14-164.17. The rules appeared in the November 28, 1997, issue of the Texas Register, (22 TexReg 11638). The proposed amendments contained errors as submitted. In the preamble on page 11640, left column, first full paragraph, tenth line, the term Extra-Hazardous Employer rather than Extra-Hazardous Employers should be used. In the preamble on page 11640, left column, first full paragraph, twelfth line, the words "in conflict" should be inserted between the words "plan" and "with". In the preamble on page 11640, right column, the last sentence of the first (partial) paragraph: The last sentence of this paragraph which reads, "This change clarifies how fatalities resulting from circumstances beyond the control of jurisdiction of the employer would be counted in the identification," is misplaced. This sentence should be the second to the last sentence rather than the last sentence of the paragraph. In the preamble on page 11640, right column, third full paragraph (labeled "New sec.164.17"), fourth line, the word "Employer" should be inserted between the words "Hazardous" and "Program". In the preamble on page 11640, right column, third full paragraph (labeled "New sec.164.17"), fourteenth line, the word "rate" should be inserted between the words "injury" and "is". In the preamble on page 11641, left column, first paragraph (partial), first line, the word "a" should be inserted between the words "seen" and "reduction". On page 11642, right column, in the rule title of sec.164.7, the words "Public Employers" should be underlined to denote added language. On page 11643, right column, in the rule text of sec.164.14(e)(4), second line, the first letter of the word "employer" should be capitalized. On page 11644, left column, in the rule text of sec.164.16(d)(2), first and second lines, the words "identified operational and safety hazards and injury" should be deleted. On page 11644, right column, in the rule text of sec.164.16(d)(7), third line, the word "with" between the words "measures" and "when" should be deleted. On page 11644, right column, in the rule text of sec.164.16(d)(7), seventh line, the word "or" should be "of". On page 11644, right column, in the rule text of sec.164.16(f), first line, the reference to subsection (a) should be subsection (e). On page 11644, right column, in the rule text of sec.164.17(b), first line, the word "a" at the end of the line should be "or". On page 11644, right column, in the rule text of sec.164.17(c), first and second line, the words "at a" should be deleted. The Texas Workers Compensation Commission adopted amendments 28 TAC sec.126.5 and sec.126.6. The rules appeared in the November 28, 1997, issue of the Texas Register, (22 TexReg 11693). The amendments contained an error as submitted. On page 11698, left column, sec.126.6(a), the second to the last sentence. The reference in this sentence to subsection (g) is incorrect and should be reference to subsection (h). Invitation To Applicants For Appointment To The Medical Advisory Committee The Texas Workers' Compensation Commission (TWCC) invites all qualified individuals, and representatives of public health care facilities and other entities to apply to fill any of the following positions on the Medical Advisory Committee (MAC) in accordance with the eligibility requirements of the new Standards and Procedures for the Medical Advisory Committee. The purpose and tasks of the MAC are outlined in the Texas Labor Code, sec.413.005, which includes advising the Medical Review Division of TWCC on the development and administration of medical policies and guidelines. The MAC meets, on the average, once every six weeks. MAC members are not reimbursed for travel, per diem, or other expenses associated with the MAC activities and meetings. The members of the MAC are appointed by the six commissioners of TWCC and include health care providers, representatives of employees and employers and members of the general public. Each member must be knowledgeable and qualified regarding work-related injuries and diseases. The complete membership of the MAC includes 16 primary members and 16 alternate members. During the primary member's absence, the alternate member will attend the MAC meetings, subcommittee meetings, and work group meetings to which the primary member is appointed. The alternate may attend all meetings. Alternate members shall fulfill the same responsibilities as primary members, as set out in the Standards and Procedures for the Medical Advisory Committee as adopted by the Commission. The Commission solicits applications for the following positions on the TWCC Medical Advisory Committee: PRIMARY 1. Primary member - Public Health Care Facility 2. Primary member - Representative of Employees ALTERNATE 3. Alternate member - Public Health Care Facility 4. Alternate member - Dentist 5. Alternate member - Podiatrist 6. Alternate member - Occupational Therapist 7. Alternate member - Medical Equipment Supplier 8. Alternate member - Representative of Employees 9. Alternate member - General Public Any person or entity interested in serving on the MAC may contact Juanita Salinas in the Commission's Medical Review Division at (512) 707-5888 to obtain an application packet. . Issued in Austin, Texas, on December 4, 1997. TRD-9716237 A. Kaylene Ray Assistant General Counsel Texas Workers' Compensation Commission Filed: December 4, 1997