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 Corrections of Error The Texas Commission on Alcohol and Drug Abuse adopted amendment to 40 TAC sec.148.234. The rule appeared in the January 30, 1998, issue of the Texas Register, (23 TexReg 806). On page 806, sec.148.234(b), as noted in the comments paragraph of the preamble, the phrase "transitional therapeutic communities" should have been changed to "transitional treatment centers". Also, the introduction paragraph of the preamble indicates there are no changes; it should have notated there are changes and the section republished. The Texas Commission on Alcohol and Drug Abuse adopted amendment to 40 TAC sec.sec.150.71-150.73. The rules appeared in the January 30, 1998, issue of the Texas Register, (23 TexReg 811). On page 811, sec.150.71(c), the word "at" that appears after the word "reapply" should be deleted. On page 812, sec.150.73(k)(2), as noted in the preamble, the following sentence should have been added: "This information must be given to the intern no later than 10 business days after the date the intern completes all practicum requirements." The Texas Commission on Alcohol and Drug Abuse proposed amendments to 40 TAC sec.142.31, sec.142.32. The rules appeared in the January 30, 1998, issue of the Texas Register, (23 TexReg 718). On page 719, sec.142.32(d), there should be no reference to Figure 1. In sec.142.32(e), there should be no reference to Figure 2. In sec.142.32(e), the reference to Figure 1 should be 40 TAC sec.142.32(e) instead of 40 TAC sec.142.32(d). In sec.142.32(f)(1), the reference to Figure 2 should be 40 TAC sec.142.32(f) instead of 40 TAC sec.142.32(e). In graphic Figure 1, under Efforts to Correct, under (B.) in the (D) Category, the "100%" should be "-100%". Office Of The Attorney General 1998 Tax Charts Pursuant to sec. 154.061(b) of the Texas Family Code, the Attorney General of Texas, as the Title IV-D agency, has promulgated the following tax charts for 1998 to assist courts in establishing the amount of a child support order. These tax charts are applicable to employed and self-employed persons in computing net monthly income. INSTRUCTIONS FOR USE To use these tables, first compute the obligor's annual gross income. Then recompute to determine the obligor's average monthly gross income. These tables provide a method for calculating "monthly net income" for child support purposes, subtracting from monthly gross income the social security taxes and the federal income tax withholding for a single person claiming one personal exemption and the standard deduction. Thereafter, in many cases the guidelines call for a number of additional steps to complete the necessary calculations. For example, sec.sec. 154.061 - 154.068 provide for appropriate additions to "income" as that term is defined for federal income tax purposes, and for certain subtractions from monthly net income, in order to arrive at the net resources of the obligor available for child support purposes. Computation of the obligee's net resources should follow similar steps. [graphics] [figure 1] Footnotes to Employed Persons 1998 Tax Chart: * An employed person not subject to the Old-age, Survivors and Disability Insurance/Hospital (Medicare) Insurance taxes will be allowed the reductions reflected in these columns, unless it is shown that such person has no similar contributory plan such as teacher retirement, federal railroad retirement, federal civil service retirement, etc. ** These amounts represent one-twelfth (1/12) of the annual Federal income tax calculated for a single taxpayer claiming one personal exemption ($2,700.00, subject to reduction in certain cases, as described in the next paragraph of this footnote) and taking the standard deduction ($4,250.00). For a single taxpayer with an adjusted gross income in excess of $124,500.00, the deduction for the personal exemption is reduced by two percent (2%) for each $2,500.00 or fraction thereof by which adjusted gross income exceeds $124,500.00. The reduction is completed (i.e., the deduction for the personal exemption is eliminated) for adjusted gross income in excess of $247,000.00. In no case is the deduction for the personal exemption reduced by more than 100%. For example, monthly gross wages of $12,000.00 times 12 months equals $144,000.00. The excess over $124,500.00 is $19,500.00. $19,500.00 divided by $2,500.00 equals 7.8. The 7.8 amount is rounded up to 8. The reduction percentage is 16% (8 x 2% = 16%). The $2,700.00 deduction for one personal exemption is reduced by $432.00 ($2,700.00 x 16% = $432.00) to $2,268.00 ($2,700.00 - $432.00 = $2,268.00). *** For annual gross wages above $68,400.00, this amount represents a monthly average of the Old-Age, Survivors and Disability Insurance tax based on the 1998 maximum Old-Age, Survivors and Disability Insurance tax of $4,240.80 per person (6.2% of the first $68,400.00 of annual gross wages equals $4,240.80). One-twelfth (1/12) of $4,240.80 equals $353.40. * * * * * * * * * * * * * References Relating to Employed Persons 1998 Tax Chart: 1. Old-Age, Survivors and Disability Insurance Tax (a) Contribution Base (1) Social Security Administration's notice dated October 22, 1997, and appearing in 62 Fed. Reg. 58,762 (October 30, 1997) (2) Section 3121(a) of the Internal Revenue Code of 1986, as amended (26 U.S.C. sec. 3121(a)) (3) Section 230 of the Social Security Act, as amended (42 U.S.C. sec. 430) (b) Tax Rate (1) Section 3101(a) of the Internal Revenue Code of 1986, as amended (26 U.S.C. sec. 3101(a)) 2. Hospital (Medicare) Insurance Tax (a) Contribution Base (1) Section 3121(a) of the Internal Revenue Code of 1986, as amended (26 U.S.C. sec. 3121(a)) (2) Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-66, sec. 13207, 107 Stat. 312, 467-69 (1993) References Relating to Employed Persons 1998 Tax Chart (Continued): (b) Tax Rate (1) Section 3101(b) of the Internal Revenue Code of 1986, as amended (26 U.S.C. sec. 3101(b)) 3. Federal Income Tax (a) Inflation Adjusted Tax Rate Table for 1998 for Single Taxpayers (1) Revenue Procedure 97-57, Section 3.01, Table 3, which appears at page 21 of Internal Revenue Bulletin 1997-52, dated December 29, 1997 (2) Section 1(c) and (f) of the Internal Revenue Code of 1986, as amended (26 U.S.C. sec. 1(c) and (f)) (b) Standard Deduction (1) Revenue Procedure 97-57, Section 3.04(1), which appears at page 22 of Internal Revenue Bulletin 1997-52, dated December 29, 1997 (2) Section 63(c) of the Internal Revenue Code of 1986, as amended (26 U.S.C. sec. 63(c)) (c) Personal Exemption (1) Revenue Procedure 97-57, Section 3.08, which appears at page 23 of Internal Revenue Bulletin 1997-52, dated December 29, 1997 (2) Section 151(d) of the Internal Revenue Code of 1986, as amended (26 U.S.C. sec. 151(d)) [graphic] [figure 2] Footnotes to Self-Employed Persons 1998 Tax Chart: * Determined without regard to Section 1402(a)(12) of the Internal Revenue Code of 1986, as amended (26 U.S.C.) (the "Code"). ** In calculating each of the Old-Age, Survivors and Disability Insurance tax and the Hospital (Medicare) Insurance tax, net earnings from self-employment are reduced by the deduction under Section 1402(a)(12) of the Code. The deduction under Section 1402(a)(12) of the Code is equal to net earnings from self- employment (determined without regard to Section 1402(a)(12) of the Code) multiplied by one-half (1/2) of the sum of the Old-Age, Survivors and Disability Insurance tax rate (12.4%) and the Hospital (Medicare) Insurance tax rate (2.9%). The sum of these rates is 15.3% (12.4% + 2.9% = 15.3%). One-half (1/2) of the combined rate is 7.65% (15.3% x 1/2 = 7.65%). The deduction can be computed by multiplying the net earnings from self-employment (determined without regard to Section 1402(a)(12) of the Code) by 92.35%. This gives the same deduction as multiplying the net earnings from self-employment (determined without regard to Section 1402(a)(12) of the Code) by 7.65% and then subtracting the result. For example, the Social Security taxes imposed on monthly net earnings from self-employment (determined without regard to Section 1402(a)(12) of the Code) of $2,500.00 are calculated as follows: (i) Old-Age, Survivors and Disability Insurance Taxes: $2,500.00 x 92.35% x 12.4% = $286.29 (ii) Hospital (Medicare) Insurance Taxes: $2,500.00 x 92.35% x 2.9% = $66.95 *** These amounts represent one-twelfth (1/12) of the annual Federal income tax calculated for a single taxpayer claiming one personal exemption ($2,700.00, subject to reduction in certain cases, as described below in this footnote) and taking the standard deduction ($4,250.00). In calculating the annual Federal income tax, gross income is reduced by the deduction under Section 164(f) of the Code. The deduction under Section 164(f) of the Code is equal to one-half (1/2) of the self-employment taxes imposed by Section 1401 of the Code for the taxable year. For example, monthly net earnings from self-employment of $12,000.00 times 12 months equals $144,000.00. The Old- Age, Survivors and Disability Insurance taxes imposed by Section 1401 of the Code for the taxable year equal $8,481.60 ($68,400.00 x 12.4% = $8,481.60). The Hospital (Medicare) Insurance taxes imposed by Section 1401 of the Code for the taxable year equal $3,856.54 ($144,000.00 x .9235 x 2.9% = $3,856.54). The sum of the taxes imposed by Section 1401 of the Code for the taxable year equals $12,338.14 ($8,481.60 + $3,856.54 = $12,338.14). The deduction under Section 164(f) of the Code is equal to one-half (1/2) of $12,338.14 or $6,169.07. For a single taxpayer with an adjusted gross income in excess of $124,500.00, the deduction for the personal exemption is reduced by two percent (2%) for each $2,500.00 or fraction thereof by which adjusted gross income exceeds $124,500.00. The reduction is completed (i.e., the deduction for the personal exemption is eliminated) for adjusted gross income in excess of $247,000.00. In no case is the deduction for the personal exemption reduced by more than 100%. For example, monthly net earnings from self-employment of $12,000.00 times 12 months equals $144,000.00. The $144,000.00 amount is reduced by $6,169.07 (i.e., the deduction under Section 164(f) of the Code -- see the immediately preceding paragraph of this footnote for the computation) to arrive at adjusted gross income of $137,830.93. The excess over $124,500.00 is $13,330.93. $13,330.93 divided by $2,500.00 equals 5.33. The 5.33 amount is rounded up to 6. The reduction percentage is 12% (6 x 2% = 12%). The $2,700.00 deduction for one personal exemption is reduced by $324.00 ($2,700.00 x 12% = $324.00) to $2,376.00 ($2,700.00 - $324.00 = $2,376.00). **** For annual net earnings from self-employment (determined with regard to Section 1402(a)(12) of the Code) above $68,400.00, this amount represents a monthly average of the Old-Age, Survivors and Disability Insurance tax based on the 1998 maximum Old-Age, Survivors and Disability Insurance tax of $8,481.60 per person (12.4% of the first $68,400.00 of net earnings from self-employment (determined with regard to Section 1402(a)(12) of the Code) equals $8,481.60). One-twelfth (1/12) of $8,481.60 equals $706.80. * * * References Relating to Self-Employed Persons 1998 Tax Chart: 1. Old-Age, Survivors and Disability Insurance Tax (a) Contribution Base (1) Social Security Administration's notice dated October 22, 1997 and appearing in 62 Fed. Reg. 58,762 (October 30, 1997) (2) Section 1402(b) of the Internal Revenue Code of 1986, as amended (26 U.S.C. sec. 1402(b)) (3) Section 230 of the Social Security Act, as amended (42 U.S.C. sec. 430) (b) Tax Rate (1) Section 1401(a) of the Internal Revenue Code of 1986, as amended (26 U.S.C. sec. 1401(a)) (c) Deduction Under Section 1402(a)(12) (1) Section 1402(a)(12) of the Internal Revenue Code of 1986, as amended (26 U.S.C. sec. 1402(a)(12)) 2. Hospital (Medicare) Insurance Tax (a) Contribution Base (1) Section 1402(b) of the Internal Revenue Code of 1986, as amended (26 U.S.C. sec. 1402(b)) (2) Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-66, sec. 13207, 107 Stat. 312, 467-69 (1993) (b) Tax Rate (1) Section 1401(b) of the Internal Revenue Code of 1986, as amended (26 U.S.C. sec. 1401(b)) (c) Deduction Under Section 1402(a)(12) (1) Section 1402(a)(12) of the Internal Revenue Code of 1986, as amended (26 U.S.C. sec. 1402(a)(12)) 3. Federal Income Tax (a) Inflation Adjusted Tax Rate Table for 1998 for Single Taxpayers (1) Revenue Procedure 97-57, Section 3.01, Table 3, which appears at page 21 of Internal Revenue Bulletin 1997-52, dated December 29, 1997 (2) Section 1(c) and (f) of the Internal Revenue Code of 1986, as amended (26 U.S.C. sec. 1(c) and (f)) (b) Standard Deduction (1) Revenue Procedure 97-57, Section 3.04(1), which appears at page 22 of Internal Revenue Bulletin 1997-52, dated December 29, 1997 (2) Section 63(c) of the Internal Revenue Code of 1986, as amended (26 U.S.C. sec. 63(c)) (c) Personal Exemption (1) Revenue Procedure 97-57, Section 3.08, which appears at page 23 of Internal Revenue Bulletin 1997-52, dated December 29, 1997 (2) Section 151(d) of the Internal Revenue Code of 1986, as amended (26 U.S.C. sec. 151(d)) (d) Deduction Under Section 164(f) (1) Section 164(f) of the Internal Revenue Code of 1986, as amended (26 U.S.C. sec. 164(f)) TRD-9802129 Sarah Shirley Assistant Attorney General Office of the Attorney General Filed: February 12, 1998 Coastal Coordination Council Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence under the Texas Coastal Management Program On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC 501. Requests for federal consistency review were received for the following projects(s) during the period of February 6, 1998, through February 16, 1998: FEDERAL AGENCY ACTIONS: Applicant: Calhoun County Navigation District; Location: In Lavaca Bay at the Port of Port Lavaca - Point Comfort Facility, approximately 3 miles south of the City of Point Comfort, in Calhoun County, Texas; Project No.: 98-0029-F1; Description of Proposed Action: The applicant proposes to enclose 55.1 acres of land (29.78 acres of which is wetlands), with levees to construct a new dredge material placement area. The added disposal capacity will facilitate maintenance of the permitted depth of the existing Port of Port Lavaca-Point Comfort harbor, as well as, the completion of remaining work authorized by Department of Army Permits 14541 through 14541(07). Approximately 1.7 million cubic yards of dredging, and the construction of a commercial dock facility, a pier, and 2.400 linear feet of bulkhead, have been completed as a result of these permits; Type of Application: U.S.C.O.E. permit application #14541(09) under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403), and sec.404 of the Clean Water Act (33 U.S.C.A. sec.sec.125-1387). Applicant: William E. Kenon; Location: East end of North Shore Drive, in Block 103, Lots 2-7, Port Isabel, Cameron County, Texas; Project No.: 98-0054-F1; Type of Application: .S.C.O.E. permit application under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403), and sec.404 of the Clean Water Act (33 U.S.C.A. sec.sec.125-1387); Description of Proposed Action: The applicant proposes to erect a bulkhead along the property line of lots 1-7, joining the retaining wall permitted by the Corps of Engineers permit #13028 on the south side of North Shore Drive. In addition, approximately 1.009 acres of wetlands will be filled with 11,544 cubic yards of silty clay loam. Approximately 120 cubic yards of riprap will be placed seaward of the toe of the bulkhead to reduce wave impact on the bulkhead. Applicant: Texas Department of Transportation; Location: Adjacent to State Highway 73 at Mayhaw Bayou Relief, Mayhaw Bayou and North Fork of Mayhaw Bayou, approximately 0.5 mile west of Taylor Bayou, west to the Chambers County line, in Jefferson County, and within the Blue Elbow Swamp Mitigation Bank, north of Orange and immediately west of the Sabine River, in Orange County, Texas; Project No.: 98-0057-F1; Description of Proposed Action: Permit #20057, issued on June 9, 1995, authorized the applicant to place fill material into 19.5 acres of wetlands to facilitate the proposed widening of State Highway 73. This permit also required the applicant to convert a fallow rice field, approximately 38 acres in size, to a self- sustaining gulf coast prairie wetland. The applicant proposes to modify the proposed mitigation plan to remove the conversion of the fallow rice field and allow for the use of 98 credits (5:1 ratio) from the Blue Elbow Mitigation Bank. The original highway project started about 2 years ago and is less than 50 percent complete; Type of Application: U.S.C.O.E. permit application #20057(01) under sec.404 of the Clean Water Act (33 U.S.C.A. sec.sec.125-1387). Applicant: City of Corpus Christi; Location: Corpus Christi International Airport, Corpus Christi, Nueces County, Texas; Project No.: 98-0061-F1; Description of Proposed Action: The applicant proposes to: reconstruct International Drive, including curbs, gutters, drainage, landscaping, signage, and replacement lighting; provide phased additional vehicle parking spaces in the expanded area within the loop road due to its realignment; correct airfield drainage and flooding problems by implementing the Airfield Drainage Improvements program; construct an airfield equipment storage facility; install a computerized system for monitoring and control of airfield lighting circuits; install aircraft rescue fire fighting improvements; construct an air cargo/multi-use facility; rehabilitate and widen Taxiway M; provide a subsurface drainage system and pavement repair to the West GA Apron; lengthen Runway 13-31 from7,508 to 10,000 feet; and conduct an environmental assessment for future land acquisition planning; Type of Application: Federal Aviation Administration, Passenger Facility Charge. Applicant: Texas Department of Transportation; Location: On Galveston Bay, at the Galveston Island Causeway, Galveston, Galveston County, Texas; Project No.: 98-0064-F1; Description of Proposed Action: The applicant proposes to mechanically dredge approximately 5,222 square yards of material from beneath the causeway. Water depths will be increased by approximately 2 feet. The area to be dredged will be approximately 49 by 1,345 feet. Purpose of the work is to provide access for vessels to conduct maintenance work on the causeway. Dredged materials will be disposed of on Tiki Island uplands, at 500 IH 45 South, LaMarque, Texas; Type of Application: U.S.C.O.E. permit application #21182 under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403). FEDERAL AGENCY ACTIVITIES: Applicant: United States Environmental Protection Agency, Region 6; Project No.: 98- 0043-F2; Description of Proposed Activity: The applicant proposes to reissue the National Pollutant Discharge Elimination System (NPDES) general permit for the Outer Continental Shelf of the Western Gulf of Mexico. The reissued permit will authorize discharges from oil and gas exploration, development, and production facilities located in and discharging to federal waters of the Gulf of Mexico seaward of the outer boundary of the territorial seas of Texas and Louisiana. Pursuant to sec.306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. sec.sec.1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action should be referred to the Coastal Coordination Council for review and whether the action is or is not consistent with the Texas Coastal Management Program goals and policies. All comments must be received within 30 days of publication of this notice and addressed to Ms. Janet Fatheree, Council Secretary, 1700 North Congress Avenue, Room 617, Austin, Texas 78701-1495. TRD-9802344 Garry Mauro Chairman Coastal Coordination Council Filed: February 17, 1998 Comptroller of Public Accounts Notice of Consultant Contract Award In accordance with the provisions of Chapter 2254, Subchapter B of the Texas Government Code, the Comptroller of Public Accounts announces this notice of consultant contract award. The consultant proposal request was published in the December 19, 1997, issue of the Texas Register (22 TexReg 12607). The consultant will assist the Comptroller in conducting a management and performance review of the Hamilton Independent School District, and will produce periodic progress reports and assist in producing a final report. These reports shall include analyses and recommendations to contain costs, improve management strategies, and to promote better education through school administrative efficiency. The contract is awarded to WCL Enterprises, P.O. Box 273046, Houston, Texas 77277-3046. The total dollar value of the contract is not to exceed $70,000.00 in the aggregate. The effective date of the contract was February 9, 1998, and it extends through August 31, 1998. WCL Enterprises is to assist the Comptroller in preparing a final report which will be made public on or about August 7, 1998. TRD-9802120 Walter Muse Legal Counsel Comptroller of Public Accounts Filed: February 12, 1998 Office of Court Administration Notice of Consultant Contract Award Pursuant to the provisions of Texas Government Code, Chapter 2254, Subchapter B, the Office of Court Administration publishes this notice of award of a consulting contract. The original request for consultation services was published in the January 9, 1998, issue of the Texas Register (23 TexReg 383). The contract has been awarded to Dr. Ingo Keilitz, Sherwood Associates, 224 Sherwood Forest, Williamsburg, Virginia, 23188-6826. The consultant will coordinate and facilitate a strategic planning process which will involve OCA personnel as well as, a planning and evaluation team composed of judicial representation to institutionalize an ongoing strategic planning process within the organizational structure of the OCA. The contract amount is not to exceed $31,092 and the contract term is from February 10, 1998, through June 30, 1998. The consultant will provide the following work products to OCA management: (1) ongoing status reports; (2) an evaluation of the strategic planning process utilized during this project, as well as any recommendations for modification and improvement of the process; (3) written critique of the OCA's current mission statement and structure, including recommendations for improvement, and (4) recommendations to establish an ongoing strategic planning process at the OCA for the OCA and the judicial system. The work products to be produced by the consultant will be provided no later than June 30, 1998. TRD-9802349 Doug Rybacki Deputy Administrative Director Office of Court Administration Filed: February 17, 1998 Texas Credit Union Department Application(s) to Expand Field of Membership Notice is given that the following applications have been filed with the Texas Credit Union Department and are under consideration: An application was received from Medical Community Credit Union, Odessa, Texas to expand its field of membership. The proposal would permit persons living or working in Midland within the area bounded by North Midkiff Road on the east, Andrews Highway on the North, Loop 250 on the west, and Business 20 on the south, excluding persons eligible for primary membership in any occupation or association-based credit union in Midland, Texas to be eligible for membership in the credit union. An application was received from TCC Credit Union, Dallas, Texas to expand its field of membership. The proposal would permit students and their families, and employees of religiously affiliated grammar and high schools located in the existing Roman Catholic Dioceses of Dallas and Fort Worth to be eligible for membership in the credit union. An application was received from TCC Credit Union, Dallas, Texas to expand its field of membership. The proposal would permit people living or working in the existing Dallas Postal Zip Code 75238, excluding persons eligible for primary membership in any occupational or association-based credit union that has an office in this area at the time such membership is sought to be eligible for membership in the credit union. An application was received from Doches District Telco Credit Union, Nacogdoches, Texas to expand its field of membership. The proposal would permit the employees of Complete Healthcare Services of Jasper, Texas to be eligible for membership in the credit union. An application was received from Texas Employees Credit Union, Dallas, Texas to expand its field of membership. The proposal would permit the employees of J & S Framing Contractors, L.L.C. to be eligible for membership in the credit union. An application was received from Gulf Employees Credit Union, Groves, Texas to expand its field of membership. The proposal would permit the employees of the stores included in the membership of the Parkdale Mall Merchants' Association to be eligible for membership in the credit union. An application was received from Presbyterian Healthcare System Credit Union, Dallas, Texas to expand its field of membership. The proposal would permit the employees of Texas Health Resources (THR), its subsidiaries, affiliates and successors and their families to be eligible for membership in the credit union. Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699. TRD-9802343 Harold E. Feeney Commissioner Texas Credit Union Department Filed: February 17, 1998 Texas Education Agency Corrections of Error The Texas Education Agency adopted the repeal 19 TAC sec.177.1. The rule appeared in the February 6, 1998, issue of the Texas Register, (23 TexReg 1020). In the public comment section of the preamble, the phrase "no public comments were received regarding adoption of the new rule" should read "no public comments were received regarding adoption of the repealed section." The Texas Education Agency adopted new 19 TAC sec.247.1 and sec.247.2. The rules appeared in the February 6, 1998, issue of the Texas Register, (23 TexReg 1022). The proposal publication date for new 19 TAC Chapter 247 was published as "November 28, 1997" and should read "December 5, 1997." The Texas Education Agency filed an open meeting notice for the State Board of Education Committee on School Finance/Permanent School Fund. The notice was published in the January 16, 1998, issue of the Texas Register, (23 TexReg 432). On page 433, the room number for the meeting was filed as Room 1-104; however, the publication shows Room 1-100. The Texas Education Agency filed an open meeting notice for the State Board of Education Committee on School. The notice was published in the January 16, 1998, issue of the Texas Register (23 TexReg 433). On page 433 contained two errors, the room number for the meeting was filed as Room 1-111; however, the publication shows Room 1-100. Also, in the agenda section, the phrase "agenda items remain as originally posted" should read "the agenda has been revised by the addition of a new section item." The Texas Education Agency adopted the repeal of 19 TAC sec.153.1021. The rule appeared in the February 6, 1998, issue of the Texas Register, (23 TexReg 545). On page 546, preamble, first column, last paragraph, the sentence "In subsection (k), language was added relating effective date for substitute teacher being eligible for creditable service" and should read "In subsection (k) language was added relating to the effective date for a substitute teacher being eligible for creditable service." On page 546, preamble, second column, fifth paragraph, the phrase "rules that were in effect prior to Senate Bill" should read "rules that were in effect prior to Senate Bill 1". General Land Office Notice of Availability and Request for Comments on a Proposed Settlement of Natural Resource Damages Claim AGENCIES: Texas General Land Office, Texas Natural Resource Conservation Commission, and the Texas Parks and Wildlife Department; hereinafter collectively referred to as the "Natural Resource Trustees". ACTION: Notice of Availability of a proposed settlement and of a 30-day period for public comment on the settlement. SUMMARY: Notice is hereby given of the following proposed resolution of a claim for natural resource damages under the Oil Spill Prevention and Response Act and the Oil Pollution Act. The Natural Resource Trustees have reached a proposed agreement with Crown Central Petroleum Corporation (Crown Central) to resolve Crown Central's liability for injuries to natural resources and the services they provide caused by a discharge of crude oil into waters of the State of Texas. On September 30, 1996 an eight-inch diameter gate valve, located on a line connected to a crude oil tank, cracked and caused crude oil to be discharged into a drainage system on Crown Centralþs tank farm in Pasadena, Texas. An estimated 1,000 barrels of crude oil entered the waters of Little Vince Bayou and Vince Bayou in Pasadena. Although Crown Central satisfactorily responded to and cleaned up the oil spill, the Natural Resource Trustees documented injuries to natural resources as a result of the incident, including bird mortality, fish mortality, oiled surface waters and riparian vegetation, and oiled sediments below the water column. The Natural Resource Trustees have determined that construction of a 0.3 acre emergent wetland will adequately compensate for lost natural resources caused by the spill. The proposed settlement requires Crown Central to pay the Natural Resource Trustees the sum of Seven Thousand Five Hundred Dollars ($7,500). This sum will be used to construct the wetland and to fund the expenses of the Natural Resource Trustees to monitor its construction and development. The proposed settlement also requires Crown Central to pay the administrative costs of the Natural Resource Trustees in assessing the natural resource damages and determining adequate compensation. The opportunity for public review and comment on the proposed settlement announced in this notice is required under applicable state and federal law. Interested members of the public may obtain a copy of the proposed settlement by contacting Ingrid K. Hansen, Director, Natural Resource Damage Assessment, Texas General Land Office, 1700 North Congress Avenue, Room 626, Austin, Texas 78701- 1495, (512) 463-5091. Interested parties may submit comments to Ingrid K. Hansen, Director, Natural Resource Damage Assessment, Texas General Land Office, 1700 North Congress Avenue, Room 626, Austin, Texas 78701-1495, (512) 463-5091. Written comments will be considered by the Natural Resource Trustees in finalizing the proposed settlement. Comments must be received by 5:00 p.m. on March 30, 1998. TRD-9802400 Garry Mauro Commissioner General Land Office Filed: February 18, 1998 General Services Commission Notice of Request for Proposals from Consultant Firms Introduction: In accordance with the provisions of Texas Government Code, the Chapter 2254, Subchapter B, the General Services Commission hereby publishes this Notice of Request for Proposal from Consultant Firms qualified to research the state's telecommunications needs, to recommend immediate actions to reduce costs on the existing statewide network, to propose and evaluate alternatives to the current network design, and to prepare technical specifications and solicitation documents for a competitive acquisition of the equipment, facilities and services needed to implement the selected network design for the State of Texas telecommunications network (TEX-AN 2000). Basis of Award: (1) The relative thoroughness, professional quality and merit of the proposer's plan to provide the consulting services sought in the RFP. (2) The overall qualifications, abilities, and experience of the proposer to provide the consulting services sought in the RFP. Qualifications include, but are not limited to, expertise in telecommunications engineering, telecommunications design, and in analysis of prices. Particular attention will be focused on proposer's client references and experience. (3) The qualifications and experience of the proposer's personnel who will be assigned to the project, and the adequacy of the proposed staffing plan to complete the service sought in a timely fashion. (4) Reasonableness of the proposed compensation for the services sought. Copies of the RFP: To receive a copy of the Request for Proposals, please contact: Mr. Bruce H. Schremp, Assistant Director, Telecommunications Services Division, General Services Commission, P.O. Box 13047, 1711 San Jacinto, Room 143, Austin, Texas 78711, Phone: 512/463-3455, Fax: 512/463-3304, e-mail: bruce.schremp@gsc.state.tx.us Mandatory Pre-Proposal Conference: A MANDATORY PRE-PROPOSAL CONFERENCE is scheduled for March 12, 1998, in Austin, Texas. Late arrivals/failure of a proposer to attend this conference will result in disqualification of such proposer(s) subsequent proposal(s). Written questions concerning the RFP will be answered at this time. Information concerning the pre-proposal conference can be obtained from Mr. Bruce H. Schremp, Assistant Director, Telecommunications Services Division, General Services Commission, at the above address and phone number. Closing Date for Receipt of Proposal: The proposal must be submitted and postmarked or date/time stamped by Bid Tabulation, General Services Commission, Central Services Building, Room 180, P.O. Box 13047, 1711 San Jacinto Blvd., Austin, Texas 78711, no later than 3:00 p.m., Central Standard Time, March 31, 1998. Offers received after that time, will not be accepted. TRD-9802348 Judy Ponder General Counsel General Services Commission Filed: February 17, 1998 Notice to Bidders NTB 94-015A-303 NOTICE TO BIDDERS SEALED BIDS WILL BE RECEIVED BY GENERAL SERVICES COMMISSION (GSC), FACILITIES CONSTRUCTION AND SPACE MANAGEMENT DIVISION (FCSM), AUSTIN, TEXAS, ON MARCH 24, 1998 AT 2:00 PM, FOR: Project No. 94-015A-303: Tenant Finishes for State Health & Human Services Office Building, Tarrant County Resource Connection Site, 1501 Circle Drive, Fort Worth, Texas. The approximate cost range for this project is $250,000.00 to $350,000.00. Bid Receipt Location: Komatsu/Rangel, Inc. 550 Bailey Avenue, Suite 102, Fort Worth, Texas 76107. Contractor Qualifications: Prime contractors should submit information to the FCSM Division on FCSM's Contractor Qualification Form to document compliance with contractor's qualification requirements established for this project. Telephone (512) 463-3417 to obtain form. Information is to be used in determining if a contractor is qualified to receive a Contract Award for the project. Proposed bidders are advised that Contractor Qualification Forms must be received and accepted by FCSM as a prerequisit to contractor receiving bid documents from the Architect. Contractor's failure to provide information regarding all requirements may delay acceptance which will delay receiving bid documents. Contractors must submit qualifications not later than 5:00 PM, March 17, 1998. Bid Documents: Plans and specifications will be available after March 2, 1998, for prime contractors from Komatsu/Rangel, Inc., 550 Bailey Avenue, Suite 102, Fort Worth, Texas, 76107, (817) 332-1914, upon deposit of $75.00 per set. Bid documents will be available for review at the FCSM Division Office, Komatsu/Rangel, Inc., and the Plan Rooms of The Builders Exchange of Texas, Associated Builders and Contractors in Dallas, Associated General Contractors and F.W. Dodge Corporation in Fort Worth and Dallas. Pre-Bid Conference: There will be a Pre-Bid Conference on Tuesday, March 17, 1998, at 10:00 AM, at the lobby of the Resource Connection Welcome Center, 1100 Circle Drive (go to 5000 Campus Drive, turn onto Raymond Barber Road at Worth Baptist Church and follow sign to Resource Connection and Welcome Center), Fort Worth, Texas. A tour of the State Health & Human Services Office Building will be included. BIDS ARE TO BE MADE IN ACCORDANCE WITH STATE PROCEDURES. To be run in : Dallas Morning News, Fort Worth Star-Telegram 1 Time on Sunday, February 22, 1998; and 1 Time on Wednesday, February 25, 1998. TRD-9802350 Judy Ponder General Counsel General Services Commission Filed: February 17, 1998 Texas Department of Health Corrections of Error The Texas Department of Health proposed new 25 TAC sec.sec.241.50-241.67. The rules appeared in the February 6, 1998, issue of the Texas Register, (23 TexReg 898). On page 900, sec.241.50, the definition of "Principal display panel" is included in the definition of "Potable water" and looks like one definition. The Texas Department of Health adopted the repeal of 25 TAC sec.sec.137.1-137.4, 137.11-137.13, 137.21-137.23, and 137.31-137.34, and 137.36-137.55. The rules appeared in the January 30, 1998, issue of the Texas Register, (23 TexReg 757). On page 757, preamble, first paragraph, second sentence, the issue number of the Texas Register should state "(22 TexReg 6818)", instead of "TexReg 6818)". On page 758, preamble, second response, fourth sentence, a colon should be inserted after the word "relettered". On page 759, preamble, 10th response, the rule cite should state "sec.137.21(d)(8)(A)" instead of "sec.137.21(d)(8)(a)". On page 760, preamble, 19th response, the word "to" should be inserted between the words "concurrence" and "the". On page 763, list of commenters, should state "Maternidad Cristo Rey" instead of "Materidad Cristo Rey". On page 779, sec.137.49(c), the rule text should state "A center shall ensure that its birth attendants cause the newborn screening tests to be performed as required by:" instead of "A center shall ensure that its birth attendants". On page 781, sec.137.55(a), the rule text should state "midwife(ives) does not" instead of "midwife(ives) do not". Texas Department of Health Conversion Chart for Hospital Licensing [graphic] [graphic] [graphic] [graphic] [graphic] [graphic] [graphic] [graphic] [graphic] [graphic] [graphic] [graphic] [graphic] [graphic] [graphic] TRD-9802141 Susan K. Steeg General Counsel Texas Department of Health Filed: February 13, 1998 Designation of Site Serving Medically Underserved Populations The Texas Department of Health (department) is required under Texas Civil Statutes, Article 4495b, sec.3.06, to designate sites serving medically underserved populations. In addition, the department is required to publish notice of its designations in the Texas Register and to provide an opportunity for public comment on the designations. Accordingly, the department has designated the following as a site serving medically underserved populations: Joe Kegans State Jail, 707 Top Street, Houston, Texas 77002. Designation is based on proven eligibility as a site serving a disproportionate number of clients eligible for federal, state or locally funded health care programs. Oral and written comments on this designation may be directed to Dora A. McDonald, Chief, Bureau of State Health Data and Policy Analysis, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756; (512) 458- 7261. Comments will be accepted for 30 days from the publication date of this notice. TRD-9802067 Susan K. Steeg General Counsel Texas Department of Health Filed: February 12, 1998 Notice of Intent to Revoke a Radioactive Material License Pursuant to Texas Regulations for Control of Radiation (TRCR), Part 13, (25 TAC sec.289.112), the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed a complaint against the following licensee: Parsons Engineering Science, Inc., Austin, L04956. The department intends to revoke the radioactive material license; order the licensee to cease and desist use of such radioactive materials; order the licensee to divest itself of the radioactive material; and order the licensee to present evidence satisfactory to the bureau that it has complied with the order and the provisions of the Health and Safety Code, Chapter 401. If the fee is paid within 30 days of the date of the complaint, the department will not issue an order. This notice affords the opportunity to the licensee for a hearing to show cause why the radioactive material license should not be revoked. A written request for a hearing must be received by the bureau within 30 days from the date of service of the complaint to be valid. Such written request must be filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed or if the fee is not paid, the radioactive material license will be revoked at the end of the 30-day period of notice. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Exchange Building, 8407 Wall Street, Austin, Texas, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays). TRD-9802342 Susan K. Steeg General Counsel Texas Department of Health Filed: February 17, 1998 Health and Human Services Commission Texas Integrated Enrollment and Services Project Vendor Forum The Health and Human Services Commission announces a Vendor Forum and presentation of the Texas Integrated Enrollment and Services (TIES) Project model. To be held on Wednesday, March 4, 1998 from 1:00-5:00 p.m. at the Brown- Heatly State Office Building, 4900 North Lamar, Room 1420. House Bill 2777, passed in the 1997 legislative session, directs the Health and Human Services Commission "to develop and implement a plan for the integration of services and functions relating to eligibility determination and service delivery by health and human services agencies, the Texas Workforce Commission, and other agencies." The plan, to be released in the spring, will include a reengineering of the eligibility determination business process, streamlined service delivery system, a unified and integrated process for the transition from welfare to work, and improved access to benefits and services for clients. The interagency project team has identified more than 30 programs administered by the Texas Department of Human Services, Texas Department of Health, and Texas Workforce Commission for inclusion in the plan. The goals of the project are to improve access to and quality of services, customer service, information systems, performance and outcomes, and cost effectiveness. In addition to the development of a reengineered business process, H.B. 2777 authorizes the procurement of an automated system to support the new business process. It is anticipated that a Request for Offers will be released by the Health and Human Services Commission in the late spring of 1998 with a contract award in the late fall of 1998. The forum on March 4 will include an overview of the proposed model and an opportunity for potential vendors and interested members of the public to provide input and ask questions. A summary of the proposed model will be available at the TIES Project website (http://www.hhsc.state.tx.us/ties97) or by contacting the TIES Project office at (512) 490-0531. TRD-9802409 Marina Henderson Executive Deputy Commissioner Health and Human Services Commission Filed: February 18, 1998 Houston-Galveston Area Council Request for Proposal Contact: Jerry Bobo, Transportation Program Manager, 3555 Timmons Lane, Suite 500, Houston, Texas 77027 (713) 993-4571. Description: The Houston Galveston Area Council (H-GAC) as the Metropolitan Planning Organization (MPO) is requesting written proposals to perform primary and secondary data collection on selected added-capacity candidate projects in the first ten year project list of VISION 2020, the regional metropolitan transportation plan. The primary objective of this study is to gather traffic and transportation system data to enable H-GAC to determine whether adding single-occupant vehicle capacity to an existing roadway facility or corridor is justified according to the CMS plan. The Request for Proposal (RFP) can be reviewed on H-GAC's web page at www.hgac.cog.tx.us. Also, a copy of the RFP can be obtained at the H-GAC offices at 3555 Timmons Lane, Suite 500, Houston, Texas, 77027, or by contacting Mr. Jerry Bobo at (713) 993-4571. A pre-proposal meeting is scheduled for Tuesday, March 3, 1998 at 2:00 p.m. at H-GAC's Conference Room "A" (Second Floor of 3555 Timmons Lane, Houston, Texas 77027). Questions from consultants concerning any aspect of the RFP will be addressed during this meeting. Please RSVP to Mr. Ilyas Choudry at (713) 993- 4564, if you plan to attend. The deadline for the submission of this proposal is Tuesday, March 24, 1998, by 12:00 noon. TRD-9802234 Alan Clark MPO Director Houston Galveston Area Council Filed: February 13, 1998 Texas Department of Insurance Notice The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Liberty Insurance Corporation proposing to use rates outside the flexibility band promulgated by the Commissioner of Insurance pursuant to Texas Insurance Code Annotated art. 5.101, sec.3(g). They are proposing to use rates ranging from +44% to +60% above the benchmark for bodily injury, property damage, personal injury protection, and medical payments; +109% above the benchmark for comprehensive and collision coverages; and +30% above the benchmark for uninsured motorists, all by classification for all territories for private passenger automobile insurance. Copies of the filing may be obtained by contacting Gifford Ensey, at the Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin, Texas 78714-9104, extension (512) 475-1761. This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to Art. 5.101, sec.3(h), is made with the Chief Actuary, Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 within 30 days after publication of this notice. TRD-9802047 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: February 11, 1998 Notice The Commissioner of Insurance, or his designee, will consider approval of three rate filing requests submitted by GEICO Insurance Corporation proposing to use rates outside the flexibility band promulgated by the Commissioner of Insurance pursuant to Texas Insurance Code Annotated art. 5.101, sec.3(g). 1) Government Employees Insurance Company and 2) GEICO General Insurance Company are proposing to use various percentages ranging from +18% to +53.1% above the benchmark for medical payments; +110.1% above the benchmark for uninsured motorists/property damage; and -2.7% below the benchmark to +37.3% above the benchmark for collision; and also rates ranging from -23.4% below the benchmark to +17.8% above the benchmark for bodily injury, property damage, personal injury protection, uninsured motorists/bodily injury, comprehensive, rental reimbursement, and CB radio coverages, all by classification for all territories for private passenger automobile insurance. 3) GEICO Indemnity Company is proposing to use a rate of +40.5% above the benchmark for bodily injury; +78.4% above the benchmark for personal injury protection; +86.9% above the benchmark for medical payments; +60.3% above the benchmark for uninsured motorists/bodily injury; +177.3% for uninsured motorists/property damage; +79% above the benchmark for collision; +33% above the benchmark for comprehensive; +21.9% for property damage; and +30% for rental reimbursement and CB radio coverages for all classifications and territories for private passenger automobile insurance. Copies of the filing may be obtained by contacting Gifford Ensey, at the Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin, Texas 78714-9104, extension (512) 475-1761. This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to Art. 5.101, sec.3(h), is made with the Chief Actuary, Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 within 30 days after publication of this notice. TRD-9802048 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: February 11, 1998 Notice Of Public Hearing The Commissioner of Insurance will hold a public hearing under Docket Number 2342 on April 1, 1998 at 9:00 a.m. in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas, to consider a petition by the staff of the Texas Department of Insurance proposing the adoption of (i) amendments to the rating rules in the Homeowners Section and Dwelling Section of the Texas Personal Lines Manual (Manual) to provide mandatory credits under a homeowners policy and dwelling policy for metal roof coverings on residential risks which meet the Underwriters Laboratories (U.L.) test criteria under U.L. Standard 2218 that establishes a classification system for measuring the impact resistance of roof coverings; (ii) Endorsement HO-145, Exclusion of Cosmetic Damage to Roof Coverings Caused by Hail, for attachment to Texas Homeowners Forms (HO-A, HO-B, and HO-C) and Endorsement NumberTDP-022, Exclusion of Cosmetic Damage to Roof Coverings Caused by Hail, for attachment to Texas Dwelling Forms (TDP-1, TDP-2, and TDP-3), each of which provides for the exclusion of coverage for cosmetic damage caused by hail to roof coverings installed on risks that are eligible for and are receiving premium credits for the installation of a roof covering meeting U.L. Standard 2218 or such other standard as may be approved by the commissioner; and (iii) amendments to the policy writing and rating rules in the Homeowners and Dwelling Sections of the Manual to specify the requirements for the attachment of Endorsement Number HO- 145 and Endorsement TDP-022 for the exclusion of cosmetic damage to roof coverings caused by hail. The petition requests consideration of the adoption of amendments to two rating rules in the Texas Personal Lines Manual. (1) In the Homeowners Section, staff proposes amendments to Rule VI.N. entitled "Mandatory Roofing Credits" that delete the language contained in subparagraphs 1. and 2. prohibiting the application of the mandatory roofing credits to metal roof coverings. (2) In the Dwelling Section, staff proposes amendments to Rule VI.K. entitled "Mandatory Roofing Credits" that delete the language contained in subparagraphs 1. and 2. prohibiting the application of the mandatory roofing credits to metal roof coverings. These amendments propose the deletion of language in the Manual rules contained in the Homeowners Section and Dwelling Section of the Manual that restricts metal roof coverings from eligibility to receive the mandatory premium credits for the installation of impact resistant roof coverings that meet U.L. Standard 2218. The removal of such restrictions allows insurers to apply the mandatory roof credits to homeowners policies and dwelling policies for residential risks which have installed metal roof coverings that meet the impact resistance classifications of U.L. Standard 2218. The petition also requests the consideration and adoption of two new endorsements that are to be promulgated by the commissioner. (1) Endorsement Number HO-145 entitled "Exclusion of Cosmetic Damage to Roof Coverings Caused by Hail" is for attachment to Texas Homeowners Forms (HO-A, HO- B, and HO-C). (2) Endorsement Number TDP-022, entitled "Exclusion of Cosmetic Damage to Roof Coverings Caused by Hail" is for attachment to Texas Dwelling Forms (TPD-1, TPD- 2, and TPD-3). The endorsements amend the homeowners policy and the dwelling policy by adding a new exclusion to the policies that excludes coverage for cosmetic loss or damage to roof coverings caused by the peril of hail. Cosmetic loss or damage is defined in the endorsements to mean only that damage that alters the physical appearance of the roof covering but does not result in damage that allows penetration of water through the roof covering or does not result in the failure of the roof covering to perform its intended function. In addition, the endorsements define roof covering to mean the roofing material exposed to the weather, the underlayments applied for moisture protection, and all flashings required in the replacement of a roof covering. The endorsements clearly state coverage is afforded for hail damage to roof coverings that results in damage that allows the penetration of water through the roof covering or that results in the failure of the roof covering to perform its intended function. The endorsements may only be attached to homeowners or dwelling policies insuring risks eligible for and receiving credits for the installation of impact resistant roof coverings. The endorsements are optional and insurers may or may not choose to attach such endorsements to a homeowners or dwelling policy. Homeowners may or may not choose to accept the endorsement if the insured declines to sign the endorsement, the insurer may offer to issue the policy without the application of a mandatory or optional roofing credit. If the endorsements are attached to a homeowners or dwelling policy, the insured must sign the endorsement with an original signature to ensure that the insured understands that cosmetic damage has been excluded from coverage under the homeowners or dwelling policy. The petition also proposes the consideration and adoption of amendments to two rating rules in the Texas Personal Lines Manual by adding new subparagraphs to address the writing of the Endorsement Nos. HO-145 and TDP-022 which exclude coverage under a homeowners and dwelling policy for cosmetic damage to roof coverings caused by the peril of hail. (1) In the Homeowners Section of the Manual, staff proposes an amendment to Rule VI.N. entitled "Mandatory Roofing Credits" by adding a new subparagraph 7 which specifies the requirements governing the writing of Endorsement HO-145, Exclusion of Cosmetic Damage to Roof Coverings Caused by the Peril of Hail. (2) In the Dwelling Section of the Manual, staff proposes an amendment to Rule VI.K., entitled "Mandatory Roofing Credits" by adding a new subparagraph 7 which specifies the requirements governing the writing of Endorsement Number TDP-022, Exclusion of Cosmetic Damage to Roof Coverings Caused by the Peril of Hail. The proposed amendments provide that (i) the endorsements are optional and may be attached only to a policy insuring a risk eligible for and receiving a premium credit for the installation of an impact resistant roof covering; (ii) the endorsements may be attached at the inception date of a new policy or renewal policy or during the term of a policy on the date the roof covering premium credit is applied to the policy; (iii) the endorsements must be signed by the insured with an original signature and failure to do so will void the endorsement; (iv) the signed endorsement does not have to be provided on a renewal policy if the renewal policy is accomplished by renewal certificate; and (v) if the insured declines to sign the endorsement, the insurer may offer to issue the policy without the application of a mandatory or optional roofing credit. The proposed endorsements and Manual rules are necessary to provide mandatory roof covering credits for residential risks which have metal roof coverings that meet the impact resistance classifications of U.L. Standard 2218. The application of mandatory roofing credits to metal roof coverings was originally prohibited in the Manual rules because of a concern that although many types of metal roof coverings might meet U.L. Standard 2218 for impact resistance, nevertheless, they would suffer cosmetic damage in hail storms requiring replacement of the metal roof covering. It would have been inappropriate to apply premium credits to risks with metal roof coverings meeting U.L. Standard 2218 without assurances of a corresponding reduction in losses. In general, metal roof coverings are very durable and have excellent impact resistance capabilities, however, metal roofing is also susceptible to cosmetic damage which constitutes a covered loss under an insurance policy. Part of the proposal in the petition, addresses the issue of cosmetic damage to roof coverings caused by hail through the use of exclusion endorsements for such cosmetic damage. The availability of the exclusion endorsements for cosmetic damage to roof coverings caused by hail provides the necessary assurances to the insurers that the exposure of loss to roof coverings from cosmetic hail damage is sufficiently reduced to offset the reduction in premium. The proposed adoption of exclusion endorsements for cosmetic damage to roof coverings caused by hail will eliminate the concern of providing a premium credit for a metal roof covering without a corresponding reduction in exposure to loss from cosmetic damage to metal roof coverings. The proposed amendments apply the mandatory roofing credits to metal roof coverings in the same manner and to the same extent as the credits currently apply to other types of roof coverings. Additionally, the proposed adoption of the exclusion endorsements for the homeowners and dwelling policies is necessary to provide a means of addressing the general concern of cosmetic loss or damage to all types of roof coverings which are receiving a premium credit for meeting U.L. Standard 2218. The availability of mandatory roofing credits for the installation of impact resistant roof coverings meeting U.L. Standard 2218 contemplates that the installation of impact resistant roof coverings will afford some assurance to insurers that losses from hail will be reduced to offset the loss in premium from the application of the mandatory credits. It is anticipated that many different types of roof coverings will be developed with the capacity to meet the requirements of U.L. Standard 2218. However, a concern still exist that these roof coverings, which may not rupture in the event of a hail storm, will sustain cosmetic damage caused by hail which is a covered loss under an insurance policy requiring replacement of the roof. It would be inappropriate to mandate that insurers provide premium credits for impact resistant roof coverings when an exposure to cosmetic damage exists that subjects the insurer to claims for the repair or replacement of roof coverings sustaining only cosmetic damage. If the insurer has provided a mandatory credit for the installation of an impact resistant roof covering, it is fair and reasonable to allow insurers the option of excluding cosmetic damage to all roof coverings caused by hail through the attachment of an endorsement. At the public hearing held on December 3, 1997, many commenters expressed concerns with the exposure of cosmetic damage caused by hail to roof coverings. Although the majority of the comments focused on cosmetic damage to metal roofing, the exposure of cosmetic damage to roof coverings caused by hail is present for many different types of roof coverings. The endorsements proposed in staff's petition will apply to any type of roof covering installed on a risk that is eligible for and is receiving a credit for the installation of a roof covering meeting U.L. Standard 2218. The proposed rules for the attachment of Endorsement Number HO-145 and TDP-022 to a homeowners or dwelling policy are necessary to specify the appropriate manner in which these endorsements are attached to a homeowners or dwelling policy. To ensure that policyholders are aware of the exclusion of cosmetic loss or damage under a homeowners or dwelling policy, the endorsements will require an original signature of the insured indicating the insured has been provided a copy of the endorsement and has been provided with information as to the coverage being excluded. In those instances where an insured chooses not to sign the endorsement, the insurer may then offer to write the policy without the endorsement attached and without applying a mandatory or optional roofing credit. The commissioner has jurisdiction of this matter pursuant to the Insurance Code, Articles 5.35, 5.101, 5.96, and 5.98. Copies of the full text of the staff petition, the proposed amendments to the Manual rules, and the proposed endorsements are available for review in the Office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas, 78714-9104. For further information or to request copies of the petition and proposed amendments, please contact Sylvia Gutierrez at (512) 463-6326, (refer the reference Number P-0298-08-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, P. O. Box 149104, MC 113-2A, Austin, Texas 78714-9104. An additional copy of the comment should be submitted to Lyndon Anderson, Associate Commissioner for the Property and Casualty Division, P. O. Box 149104, MC 103- 1A, Austin, Texas 78714-9104. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts action taken under this article from the requirements of the Administrative Procedure Act (Government Code, Title 10, ch. 2001). TRD-9802411 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: February 18, 1998 Third Party Administrator Applications The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration. Application for admission to Texas of HHS Texas Management, L.P., a foreign third party administrator. The home office is Atlanta, Georgia. Application for incorporation in Texas of Administrative Management Services, Inc., a domestic third party administrator. The home office is Dallas, 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. TRD-9802379 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: February 18, 1998 Texas Department Of Mental Health And Mental Retardation Notice To Bidders Sealed bids will be received by the Texas Department of Mental Health and Mental Retardation, Maintenance and Construction, at 909 W. 45th St., Bldg. 3, Room 149, Austin, Texas 78756, Telephone: (512) 206-5880 until 2:00 p.m., Tuesday, March 17, 1998, for Project Number 97-052-670 Energy Cost Reduction Measures, Corpus Christi State School, 902 Airport Road, Corpus Christi, Texas 78408. A mandatory pre-bid conference will be held at 10:00 a.m., Wednesday, March 4, 1998, at the Pavilion Double Class Room, Building 535, Corpus Christi State School, 902 Airport Road, Corpus Christi, Texas 78408, Telephone: (512) 888- 5301. Attendance at the pre-bid conference is MANDATORY. A bid will not be accepted from any bidder that has not attended the pre-bid conference. Plans and specifications are available from Wesley Stidham, Project Manager, Ventana Energy Services, Inc., 815 Brazos, Ste. 1000, Austin, Texas 78701, Telephone: (512) 472-1398. A $50.00 deposit is required. Work consists primarily of replacement of selected HVAC units, installation of lighting retrofits and an energy management system. The estimated project contract amount is $291,079.20. Bids will be received in accordance with state procedures. TRD-9802419 Charles Cooper Chair, MHMR Board Texas Department of Mental Health and Mental Retardation Filed: February 18, 1998 Notice To Bidders Sealed bids will be received by the Texas Department of Mental Health and Mental Retardation, Maintenance and Construction, at 909 W. 45th St., Bldg. 3, Room 149, Austin, Texas 78756, Telephone: (512) 206-5880 until 2:00 p.m., Tuesday, March 24, 1998, for Project Number 97-030-660 Energy Cost Reduction Measures, Denton State School, State School Road off IH 35, Denton, Texas 76202. A mandatory pre-bid conference will be held at 9:30 a.m., Wednesday, March 4, 1998, in Building 503 - Admin. Conference Room, Denton State School, State School Road off IH 35, Denton, Texas 76202, Telephone: (940) 891-0342. Attendance at the pre-bid conference is MANDATORY. A bid will not be accepted from any bidder that has not attended the pre-bid conference. Plans and specifications will be available February 19, 1998, from Kinsman & Associates, Consulting Engineers, 1701 Greenville Avenue, Ste. 600, Richardson, Texas 75081, Telephone: (972) 644-7876. A $100.00 deposit is required. Work consists of HVAC Conversions & Replacements, Lighting Conversions and EMS Expansions. The estimated project contract amount is $1,275,804.80. Bids will be received in accordance with state procedures. TRD-9802418 Charles Cooper Chair, Texas MHMR Board Texas Department of Mental Health and Mental Retardation Filed: February 18, 1998 Notice of Public Hearing On Medicaid Rates The Texas Department of Mental Health and Mental Retardation (TDMHMR) and the Texas Health and Human Services Commission will jointly conduct a public hearing to receive comments on proposed reimbursements for the following Medicaid programs: state-operated community-based ICF/MR rate for West Texas Community Mental Health and Mental Retardation Center (Towncreek, Hamilton, Fordham, and Main Street homes) effective January 1, 1998, through December 31, 1998. The public hearing is held in compliance with Title 1, Texas Administrative Code, Chapter 355, Subchapter A, sec.355.2(h) and Title 25, Texas Administrative Code, Chapter 409, Subchapter A, sec.409.002(h), which requires a public hearing on proposed reimbursement rates for medical assistance programs. The public hearing will be held at 9:00 a.m., Friday, March 6, 1998, in Room 328, of the main TDMHMR Central Office building (Building 2) at 909 West 45th Street in Austin, Texas. Persons who wish to offer testimony but who are unable to attend the hearing may submit written comments which must be received by noon the day of the hearing. The written comments should be sent to the Data Analysis Section, Medicaid Administration, Texas Department of Mental Health and Mental Retardation, P.O. Box 12668, Austin, Texas 78711-2668 or faxed to (512) 206-5725. Interested parties may obtain a copy of the reimbursement briefing package by calling the Data Analysis Section at (512) 206-5680. If interpreters for the hearing impaired are required, please contact the Data Analysis Section at the number given above at least 72 hours in advance of the hearing. TRD-9802417 Charles Cooper Chair, Texas MHMR Board Texas Department of Mental Health and Mental Retardation Filed: February 18, 1998 Texas Natural Resource Conservation Commission Notice of Application To Appropriate Public Waters of The State of Texas The following notices of application for permits to appropriate Public Waters of the State of Texas were issued during the period January 21, 1998 through January 22, 1998. HAUSMAN ROAD WATER SUPPLY CORPORATION, 98 Fredericksburg Road, San Antonio, Texas 78288; seeks an extension of time to commence and complete construction of a reservoir pursuant to Section 11.145, Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC Section 295.1, et seq. Water Use Permit Number 5469 includes authorization for the Hausman Water Supply Corporation to construct and maintain a 400 acre-foot reservoir on Leon Creek, tributary of the San Antonio River in Bexar County, approximately 12 miles northwest of the county courthouse, and to divert not to exceed 1500 acre-feet of water per annum from the reservoir for industrial, irrigation, recreation and other beneficial uses. Diversion is authorized at a maximum rate of 30 cubic feet per second. The permit includes a requirement that construction of the reservoir was to commence by December 2, 1995 and be completed by December 2, 1996. A subsequent extension of time was issued by the Commission that established December 2, 1997 as the new commencement date and December 2, 1998 as the new completion date. Hausman Road Water Supply Corporation currently seeks authorization for an additional extension of time to commence and complete construct of the reservoir. The new proposed date for commencement is December 2, 1998 and the new proposed date for completion is December 2, 1999. The applicant has indicated they need this time extension to allow: 1) for the completion of a Corp of Engineers Section 404 Permit review, which was delayed by significant archaeological findings at the proposed reservoir site; 2) for delays related to the implementation of legislation and rules creating the Edwards Aquifer Authority and the cost of using water from the Edwards Aquifer; and 3) adequate time for the applicant to finalize their possible transfer or conveyance of Permit Number 5469. ALBERT AND LINDA GREEN AND JAMES GREEN, 7117 Woodhollow Drive, #423, Austin, Texas 78731; Application Number 5604 for a permit to divert and use not to exceed 8 acre-feet of surface water per year from the San Marcos River, tributary of the Guadalupe River, Guadalupe River Basin. Diverted water will be used to irrigate 25 acres of land in Guadalupe County, approximately 21 miles north of Seguin, Texas and 0.1 miles south of Martindale, Texas. 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, TX 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. TRD-9802416 Eugenia K. Brumm, Ph.D. Chief Clerk Texas Natural Resource Conservation Commission Filed: February 18, 1998 Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions The Texas Natural Resource Conservation Commission (TNRCC) Staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to the Texas Water Code (TWC), sec.7.075. Section 7.705 requires that before the TNRCC may approve these AOs, the TNRCC shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register not later than the 30th day before the date on which the public comment period closes, which in this case is March 28, 1998. Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withdraw or hold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's Orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments. A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Written comments about these AOs should be sent to the attorney designated for each AO at the TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on March 28, 1998. Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, sec.7.075 provides that comments on the AOs should be submitted to the TNRCC in writing. (1) COMPANY: City of Dallas; DOCKET NUMBER: 97-0196-MSW-E; ACCOUNT NUMBER: MSW Permit 62; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: municipal solid waste disposal facility; RULES VIOLATED: 30 TAC sec.330.133(a) and TNRCC MSW Permit Number 62 by failing to maintain adequate daily cover for waste at the active disposal area; 30 TAC sec.330.132 and TNRCC MSW Permit Number 62 by failing to maintain adequate compaction for waste at the active disposal area; 30 TAC sec.330.111 and TNRCC MSW Permit Number 62 by depositing waste such that the actual landfill elevations were higher than permitted final contours; 30 TAC sec.330.111 and TNRCC MSW Permit Number 62 by failing to deposit waste in the filling sequence and direction in Cell 1, and by failing to construct a waste containment berm around the initial working face in Cell 1, as required by the City's Site Development Plan; PENALTY: $84,840; STAFF ATTORNEY: Lisa Uselton Dyar, Litigation Support Division, MC 175; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (2)COMPANY: Howard L. Hoffman; DOCKET NUMBER: 96-0298-PST-E; ACCOUNT NUMBER: Enforcement ID 4666; LOCATION: Paint Rock, Concho County, Texas; TYPE OF FACILITY: underground storage tanks; RULES VIOLATED: 30 TAC sec.334.50(b)(1)(A) by failing to provide proper release detection for underground storage tank (UST) systems at the facility; 30 TAC sec.334.51(b)(1)(B) by failing to provide proper spill prevention and overfill control for ST systems at the facility; and 30 TAC sec.334.22(a) by failing to pay annual UST fees; PENALTY: $1,200; STAFF ATTORNEY: Walter Ehresman, Litigation Support Division, MC 175, (512) 239-0573; REGIONAL OFFICE: 301 West Beauregard Avenue, Suite 202, San Angelo, Texas 76903- 6326, (915) 655-9479. (3)COMPANY: Leigh Engineering, Incorporated; DOCKET NUMBER: 97-0584-PST-E; ACCOUNT NUMBER: Enforcement ID 11483; LOCATION: North Richland Hills, Tarrant County, Texas; TYPE OF FACILITY: underground storage tanks; RULE VIOLATED: 30 TAC sec.334.320(c)--the Company submitted a reimbursement application which included a statement that the Responsible Party for this leaking petroleum storage tank site had paid the Company in full for its work at the site. Canceled checks showed that the Company was not paid in full until 1996; PENALTY: $4,000; STAFF ATTORNEY: Walter Ehresman, Litigation Support Division, MC 175, (512) 239-0573; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (917) 469-6850. (4)COMPANY: Lucky Lady Oil Company; DOCKET NUMBER: 97-0585-PST-E; ACCOUNT NUMBER: Enforcement ID 11450; LOCATION: North Richland Hills, Tarrant County, Texas; TYPE OF FACILITY: underground storage tanks; RULE VIOLATED: 30 TAC sec.334.320(c)--the Company signed a Certification Affidavit which attested to the facts contained in a reimbursement application filed with TNRCC, included in that application was a statement that the petroleum storage tank (PST) contractor had been paid in full. Canceled checks showed that the PST contractor was not paid in full until 1996; PENALTY: $4,000; STAFF ATTORNEY: Walter Ehresman, Litigation Support Division, MC 175, (512) 239-0573; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (917) 469-6850. (5)COMPANY: Phillips Petroleum Company; DOCKET NUMBER: 97-0896-AIR-E; ACCOUNT NUMBER: BL-0042-G; LOCATION: Sweeny, Brazoria County, Texas; TYPE OF FACILITY: petroleum refinery and petrochemical plant; RULE VIOLATED: 30 TAC sec.101.4 and Texas Health and Safety Code, sec.382.085(a) and (b) by releasing approximately 52 tons of sulfur dioxide into the atmosphere which caused a nuisance; PENALTY: $10,000; STAFF ATTORNEY: Guy Henry, Litigation Support Division, MC 175, (512) 239-6259; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500. (6)COMPANY: Ron Laney Oil Co., Inc.; DOCKET NUMBER: 96-1165-PST-E; ACCOUNT NUMBER: Enforcement ID 5463; Facility Number 8312; LOCATION: Highway 82 in Guthrie, King County, Texas; TYPE OF FACILITY: underground storage tanks; RULE VIOLATED: 30 TAC sec.334.50(b)(1)(A) by failing to provide adequate release detection for operating USTs; 30 TAC sec.334.51(b)(2)(A) by failing to provide tight-fill fittings for UST systems; 30 TAC sec.334.51(b)(2)(B) by failing to provide spill containment for UST systems; 30 TAC sec.334.51(b)(2)(C) by failing to provide overfill prevention equipment for UST systems; 30 TAC sec.334.54(d)(1)(B) by failing to properly permanently remove from service an UST that had been temporarily out of service for longer than 12 months; 30 TAC sec.334.7(d)(3) by failing to amend its tank registration form to reflect the fact that one of the four USTs at the Facility had been temporarily removed from service; PENALTY: $10,600; STAFF ATTORNEY: Hodgson Eckel, Litigation Support Division, MC 175 (512) 239-2195; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3509, (806) 796-7092. (7)COMPANY: Rob L. Harbison, Timberline Designs, Inc., and Bandolier Corp. dba Reconstruction Specialties Co.; DOCKET NUMBER: 97-0088-MSW-E; ACCOUNT NUMBER: 455110027; LOCATION: Georgetown, Williamson County, Texas; TYPE OF FACILITY: municipal solid waste site; RULE VIOLATED: 30 TAC sec.330.4(a) and (b) by causing, suffering, allowing, or permitting the storage, processing, removal, or disposal of municipal solid waste without a permit or other authorization from the TNRCC and 30 TAC sec.330.5(a) by causing, suffering, allowing, or permitting, the collection, storage, transportation, processing, or disposal of municipal solid waste in violation of the Texas Solid Waste Disposal Act and/or in such a manner as to cause the discharge or imminent threat of discharge of municipal solid waste into or adjacent to the waters in the state without obtaining specific authorization for such discharge from the commission, the creation and maintenance of a nuisance, or the endangerment of human health and welfare or the endangerment of the environment; PENALTY: $20,000; STAFF ATTORNEY: Mary Risner, Litigation Support Division, MC 175, (512) 239-6224; REGIONAL OFFICE: 1921 Cedar Bend, Suite 150, Austin, Texas 78758-5336, (512) 339-2929. (8) COMPANY: Sterling Shimp dba K & D Mobile Home Village aka K & D Mobile Home Park; DOCKET NUMBER: 97-0559-PWS-E; ACCOUNT NUMBER: PWS 2320048; LOCATION: Uvalde, Uvalde County, Texas; TYPE OF FACILITY: public drinking water system; RULE VIOLATED: 30 TAC sec.290.120(c)(5) and the Code, sec.341.031 by failing to submit water samples from a public water system for copper and lead analysis; PENALTY: $480; STAFF ATTORNEY: Thomas Corwin, Litigation Support Division, MC 175, (512) 239-2940; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78732-5042, (210) 490-3096. (9)COMPANY: The Texas Department of Transportation; DOCKET NUMBER: 96-0722-PST- E; ACCOUNT NUMBER: E10897 et al; LOCATION: various locations in Crosby, Sutton, Lavaca, McLennan, Hill, Hamilton, Limestone, Falls, Bell, Howard, Travis, and Medina Counties, Texas; TYPE OF FACILITY: underground storage tanks at regional maintenance facilities; RULE VIOLATED: 30 TAC sec.334.50(b)(1)(A) by failing to monitor USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); 30 TAC sec.334.50(b)(2)(B) by failing to monitor piping which conveys regulated substances under suction in an UST system in a manner designed to detect releases from any portion of the piping system, 30 TAC sec.334.72 by failing to report to the commission a suspected release from an UST within 24 hours of its discovery; 30 TAC sec.334.50(b)(2)(A) by failing to monitor pressurized piping in an UST system in a manner designed to detect releases from any portion of the piping system, and 30 TAC sec.334.51(b)(1)(B) by failing to provide an existing UST system with spill and overfill prevention and control equipment no later than December 22, 1994; PENALTY: $28,800; STAFF ATTORNEY: Ray Winter, Litigation Support Division, MC 175, (512) 238-0477; REGIONAL OFFICE: Sanger Ave, Suite 110, Waco, Texas 76710- 7807, (254) 751-0335. (10)COMPANY: Tommy Fisher dba Acuff Steak House; DOCKET NUMBER: 96-0100-PWS-E; ACCOUNT NUMBER: PWS 1520120; LOCATION: Lubbock County, Texas; TYPE OF FACILITY: public water system; RULE VIOLATED: 30 TAC sec.290.113 by failing to provide water from the well which complies with nitrate, fluoride, and total dissolved solids maximum contaminant levels; 30 TAC sec.290.46(x) by failing to plug an abandoned well and submit a plugging report; 30 TAC sec.290.41(c)(1)(F) by failing to secure a sanitary easement covering all property within 150 feet of the well location as required; 30 TAC sec.290.108(1)(A) by failing to provide a water sampling tap for chemical samples at every entry point; 30 TAC sec.290.41(c)(3)(B) by failing to provide the casing of the well to a point at least 18 inches above the finished floor or natural ground surface; 30 TAC sec.290.41(c)(3)(I) by failing to fine grade the well site so as to assure that surface water will drain away from well, 30 TAC sec.290.41(c)(3)(K) by failing to seal the wellhead with a gasket or sealing compound and failing to provide a well casing vent, which is faced downward and with 16-mesh or finer corrosion- resistant screen; 30 TAC sec.290.41(c)(3)(N) by failing to provide a flow measuring device on the well discharge line; 30 TAC sec.290.41(e)(3)(C) by failing to provide the water treatment plant with intruder-resistant fencing; 30 TAC sec.290.46(n) by failing to develop a map of the distribution system that is continuously updated in order that valves and mains may be easily located during emergencies; 30 TAC sec.290.46(f)(2) by failing to provide a chlorine test kit which uses the DPD method; 30 TAC sec.290.106(a)(1) by failure to provide a sample siting plan; 30 TAC sec.290.106(a) by failing to submit bacteriological samples; PENALTY: $5,750; STAFF ATTORNEY: Guy Henry, Litigation Support Division, MC 175, (512) 239-6259; REGIONAL OFFICE: 4650 50th Street, Suite 600, Lubbock, Texas 79414-3509, (806) 796-7092. (11)COMPANY: Youngs Tire Salvage; DOCKET NUMBER: 97-0804-MSW-E; ACCOUNT NUMBER: 26701; ENFORCEMENT ID NUMBER 11725; LOCATION: Paris, Lamar County, Texas; TYPE OF FACILITY: waste tire transportation facility; RULE VIOLATED: 30 TAC sec.330.812(a)(1) by failing to include the site address and site phone number used during normal business hours in Young's transporter registration MSW-26701; 30 TAC sec.330.812(f)(1)(C), sec.330.815(c) by failing to appropriately maintain shipping documents and records for the February 1997 processing month; by altering waste shipping documents or shipment records; by failing to maintain documents showing changes and written justification for making changes to the manifests; and by failing to make such documents available to the executive director upon request; and 30 TAC sec.330.814 by failing to maintain identification of the name and place of Young's business and the MSW registration number on the rear of the vehicle used to transport whole used or scrap tires; PENALTY: $6,560; STAFF ATTORNEY: Kara Salmanson, Litigation Support Division, MC 175, (512) 239-1738; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 79414-3509, (806) 796-7092. TRD-9802394 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: February 18, 1998 Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions The Texas Natural Resource Conservation Commission (TNRCC or commission) Staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (the Code), sec.7.075, which requires that the TNRCC may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is March 29, 1998. Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO are made in response to written comments. A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable Regional Office listed as follows. Written comments about these AOs should be sent to the enforcement coordinator designated for each AO at the TNRCC's Central Office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on March 29, 1998. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The TNRCC enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, sec.7.075 provides that comments on the AOs should be submitted to the TNRCC in writing. (1)COMPANY: B.C. Utilities, Incorporated; DOCKET NUMBER: 97-0878-PWS-E; IDENTIFIER: Public Water Supply Number 1010180; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: public drinking water; RULE VIOLATED: 30 TAC sec.290.120(f)(B), (h)(3), and (g)(1), by failing to submit to the commission water quality parameters, by failing to submit to the commission a corrosion control study within 24 months after the exceedance notification for lead and copper, and by failing to deliver to the public the public education materials; 30 TAC sec.290.45(b)(1)(F)(ii) and (iii), by failing to provide a total storage capacity of 200 gallons per connection and by failing to provide a service pump capacity of two gallons per minute per connection; 30 TAC sec.290.43(d)(3), by failing to equip air injection lines with filters to prevent compressor lubricants from entering the pressure tank; 30 TAC sec.290.41(c)(3)(O), by failing to protect the well site with an intruder-resistant fence or lock the well in a locked, ventilated well house to exclude possible contamination or damage to the facilities; 30 TAC sec.290.45(m), by failing to initiate a maintenance program to facilitate cleanliness, improve the general appearance of all plant facilities, and reduce costly repairs; and 30 TAC sec.290.51 and the THSC, sec.341.041, by failing to pay public health service fees; PENALTY: $3,760; ENFORCEMENT COORDINATOR: Tom Napier, (512) 239-6063; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500. (2)COMPANY: The City of Alpine; DOCKET NUMBER: 97-0959-MWD-E; IDENTIFIER: Permit Number 10117-001; LOCATION: Alpine, Brewster County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 10117-001 and the Code, sec.26.121, by failing to comply with its permitted total suspended solids limit; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634. (3)COMPANY: The City of Lefors; DOCKET NUMBER: 97-0248-MLM-E; IDENTIFIER: Public Water Supply Number 0900001 and Permit Number 10411-001; LOCATION: Lefors, Gray County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC sec.290.46(e) and (x), by failing to employ a certified water works operator and by failing to properly plug abandoned water supply well number 2; 30 TAC sec.290.42(e), by failing to have chlorination equipment available; Permit Number 10411-001 and the Code, sec.26.121, by failing to prevent an unauthorized discharge of untreated wastewater, by failing to perform control testing and routine maintenance, by failing to employ a certified wastewater operator, by failing to follow self-reporting procedures and not submitting the required discharge monitoring reports, and by failing to follow self-monitoring procedures and not performing the required effluent sampling; PENALTY: $16,130; ENFORCEMENT COORDINATOR: Adele Noel, (512) 239-1045; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251. (4)COMPANY: The City of Marshall; DOCKET NUMBER: 97-0782-PWS-E; IDENTIFIER: Public Water Supply Number 1020002; LOCATION: Marshall, Harrison County, Texas; TYPE OF FACILITY: public drinking water; RULE VIOLATED: 30 TAC sec.290.118(1), by failing to provide water in compliance with the turbidity maximum contaminant level; PENALTY: $780; ENFORCEMENT COORDINATOR: Sabelyn Pussman, (512) 239-6061; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100. (5)COMPANY: Joe Cordell; DOCKET NUMBER: 97-0975-AGR-E; IDENTIFIER: Enforcement Identification Number 11716; LOCATION: Dublin, Erath County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC sec.321.31 and the Code, sec.26.121, by allowing an unauthorized discharge of tail water runoff from the irrigation application field; PENALTY: $720; ENFORCEMENT COORDINATOR: Pam Campbell, (512) 239-4493; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (6)COMPANY: Credit Auto Sales; DOCKET NUMBER: 97-1138-AIR-E; IDENTIFIER: Account Number KB-0152-J; LOCATION: Terrell, Kaufman County, Texas; TYPE OF FACILITY: used car dealership; RULE VIOLATED: 30 TAC sec.114.1(c)(1) and (2) and the Act, sec.382.085(b), by offering for sale vehicles with missing and/or inoperable required emission control systems or devices; PENALTY: $1,500; ENFORCEMENT COORDINATOR: David Edge, (512) 239-1779; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (7)COMPANY: Cypress Business Park, Incorporated; DOCKET NUMBER: 97-0549-PWS-E; IDENTIFIER: Public Water Supply Number 1012908; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: public drinking water; RULE VIOLATED: 30 TAC sec.290.120(b)(1) and (c)(5) and the THSC, sec.341.031, by failing to submit a site selection form for lead and copper sampling and by failing to submit a water sample from the facility for copper and lead analysis; and the THSC, sec.341.041, by failing to pay the public health service fee; PENALTY: $630; ENFORCEMENT COORDINATOR: Bhasker Reddi, (512) 239-6646; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500. (8)COMPANY: Thomas and Jean Davis d/b/a East Cedar Creek Water Supply; DOCKET NUMBER: 97-0591-PWS-E; IDENTIFIER: Public Water Supply Number 1450019; LOCATION: Buffalo, Leon County, Texas; TYPE OF FACILITY: public drinking water; RULE VIOLATED: 30 TAC sec.290.120(f)(1)(B) and the THSC, sec.341.048(a), by failing to perform water quality parameter monitoring; PENALTY: $1,375; ENFORCEMENT COORDINATOR: Terry Thompson, (512) 239-6095; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7807, (254) 751-0335. (9)COMPANY: Magnolia Independent School District; DOCKET NUMBER: 97-0976-MWD-E; IDENTIFIER: Permit Number 13653-001; LOCATION: Magnolia, Montgomery County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 13653-001 and the Code, sec.26.121, by exceeding the permitted total suspended solids daily average concentration limit of 15 milligrams per liter; PENALTY: $1,900; ENFORCEMENT COORDINATOR: Pam Campbell, (512) 239-4493; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500. (10)COMPANY: David Sheffield dba Texas Landing Utility Company; DOCKET NUMBER: 97-0385-PWS-E; IDENTIFIER: Enforcement Identification Number 11408; LOCATION: Onalaska, Polk County, Texas; TYPE OF FACILITY: public drinking water; RULE VIOLATED: 30 TAC sec.290.120(k)(1)(A) and the THSC, sec.341.031, by failing to submit reports of water quality parameters; PENALTY: $920; ENFORCEMENT COORDINATOR: Tom Napier, (512) 239-6063; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838. TRD-9802335 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: February 17, 1998 Notice of Public Hearing Notice is hereby given that under the requirements of Texas Health and Safety Code, sec.382.017, and Texas Government Code, Subchapter B, Chapter 2001, the Texas Natural Resource Conservation Commission (TNRCC or commission) will conduct a public hearing to receive testimony concerning revisions to 30 TAC Chapter 106. The commission proposes new sec.106.226, concerning Paints, Varnishes, Ink, and Other Coating Manufacturing, new sec.106.375, concerning Aqueous Solutions for Electrolytic and Electroless Processes; amendments to sec.106.351, concerning Salt Water Disposal (Petroleum), sec.106.435, concerning Classic or Antique Automobile Restoration Facility, and sec.106.477, concerning Anhydrous Ammonia; and the repeal of the existing sec.106.226 and sec.106.375. The proposed rules would reduce the risk of human exposure to harmful substances and the chance of nuisances. The amendment to sec.106.435 is an administrative correction. A public hearing on the proposal will be held March 16, 1998, at 2:00 p.m. in Room 2210 of TNRCC Building F, located at 12100 Park 35 Circle, Austin. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion within the audience will not occur during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and answer questions before and after the hearing. Written comments may be mailed to Lisa Martin, TNRCC Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. All comments should reference Rule Log Number 97180- 106-AI. Comments must be received by 5:00 p.m., March 23, 1998. For further information, please contact Kerry Drake, New Source Review Permitting Division, (512) 239-1112, Dale Beebe-Farrow, New Source Review Permitting Division, (512) 239-1310, or Beecher Cameron, Air Policy and Regulations Division, (512) 239- 1495. 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. TRD-9801682 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: February 6, 1998 Notice of Receipt of Application and Declaration of Administrative Completeness for Municipal Solid Waste Management Facility Permit For The Period of February 9, 1998 to February 13, 1998 APPLICATION BY CITY OF KINGSVILLE, Proposed Permit Amendment No. MSW235-B, to authorize an amendment for horizontal and vertical expansion of an existing Type I and Type IV Municipal Solid Waste Landfill for the disposal of municipal solid waste. The facility proposes to receive approximately 330 tons of solid waste per day and the site covers approximately 120 acres of land. The proposed permit amendment site is located in Kleberg County, Texas, 1.7 miles southwest of the City of Kingsville, at the northwest corner of the intersection of F.M. 2619 and F.M. 2130. If you wish to request a public hearing, you must submit your request in writing. You must state (1) your name, mailing address and daytime phone number; (2) the application number, TNRCC docket number or other recognizable reference to the application; (3) the statement I/we request an evidentiary public hearing; (4) a brief description of how you, or the persons you represent, would be adversely affected by the granting of the application; and (5) a description of the location of your property relative to the applicant's operations. Requests for a public hearing or questions concerning procedures should be submitted in writing to the Chief Clerk's Office, Park 35 TNRCC Complex, Building F, Room 1101, Texas Natural Resource Conservation Commission, Mail Code 105, P.O. Box 13087, Austin, Texas 78711. Individual members of the public who wish to inquire about the information contained in this notice, or to inquire about other agency permit applications or permitting processes, should call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040. TRD-9802415 Eugenia K. Brumm, Ph.D. Chief Clerk Texas Natural Resource Conservation Commission Filed: February 18, 1998 North Texas Tollway Authority Request For Proposals The following Request for Proposals to Provide Underwriting Services is filed under the provisions of the Government Code, Chapter 2254. The North Texas Tollway Authority (the "NTTA") is requesting proposals from qualified investment banks to provide underwriting services in connection with the financing of the Western Extension to the President George Bush Turnpike. It is estimated that the project will cost approximately $120 million, a portion of which will be financed by tax-exempt bonds. A copy of the Request for Proposals is available and will be issued to any firm that requests a copy. The proposal must be received in the offices of the Financial Advisor to the NTTA, Dain Rauscher, before 4:45 p.m. CDT on March 27, 1998, to be eligible for consideration. Questions concerning the Request for Proposals may be directed to Dain Rauscher, Mr. Vincent Matrone (214-989-1667), or Ms. Becky Heflin (214) 989-1656). TRD-9802079 James W. Griffin Chief Engineer North Texas Tollway Authority Filed: February 12, 1998 Texas Parks and Wildlife Department Notice of Public Comment Hearing for Permit Renewal SAND AND GRAVEL DREDGING - BRAZOS RIVER NOTICE OF COMBINED PUBLIC COMMENT HEARING FOR PERMIT RENEWAL TO REMOVE SAND, GRAVEL OR MARL FROM PUBLIC WATERS OF THE STATE OF TEXAS AND AMENDMENT TO CURRENT PERMIT PERMIT NUMBER SR-94-005 Notice is hereby given that CSB, whose address is 5730 Old Alvin Road, Rosharon, TX 77583, as of February 5, 1998 filed two administratively complete applications with the Texas Parks and Wildlife Department for the renewal of an existing revenue permit and in the alternative, the amendment of an existing revenue permit: 1. to remove up to 18,000 cubic yards (24,300) tons of sand and 2,000 cubic yards (2,700) tons of gravel per month from the Brazos River, Fort Bend County, at a site approximately 5 miles south-southeast of Missouri City and starting approximately 1 mile upstream from the Brisco Irrigation pump station adjacent to the property of R.G. Schindler. and/or 2. to remove up to 43,200 cubic yards (58,320) tons of sand and 2,000 cubic yards (2,700) tons of gravel per month as currently authorized by U.S. Army Corps of Engineers' Permit No. 20122 from the Brazos River, Fort Bend County, at a site approximately 5 miles south-southeast of Missouri City and starting approximately 5,780 feet upstream from the Brisco Irrigation pump station adjacent to the property of R.G. Schindler. These permits are requested under the authority granted to the Texas Parks and Wildlife Commission in Chapter 86 of the Texas Parks and Wildlife Code and will not authorize the crossing of any private property. The hearing to receive public comments on these applications will be conducted: Friday, March 13, 1998 at 3:00 PM Conference Room A-100 Texas Parks and Wildlife Department 4200 Smith School Road Austin, Travis County, Texas at which time all interested persons may appear and be heard. Comments may be mailed to the Department at the address listed below or presented orally or in writing at the hearing. Comments sent by mail should be received by the Department prior to the close of the public comment period on March 23, 1998. In addition, any person who can demonstrate a justiciable interest may request a formal contested case hearing pursuant to Administrative Procedure Act, Tex. Gov't Code Ann. Chapter 2001, sec.2001.054. Any person wishing to request such a hearing should submit a written request to Paul M. Shinkawa at the address listed below. Such a request should include a short statement of the nature of any objections to the requested permit and a description of the potential adverse impact which may be suffered by the requestor. Requests for formal contested case hearings must be received no later than the close of the public comment period. Further information concerning any aspect of the application or hearing may be obtained by contacting Paul Shinkawa, Legal Counsel, Resource Protection Division Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, TX 78744, Tel: (512) 389- 4433, Fax: (512) 389-8058. TRD-9802058 Bill Harvey Regulatory Coordinator Texas Parks and Wildlife Department Filed: February 11, 1998 Public Utility Commission of Texas Amended Notice of Application for Certificate of Operating Authority Amended notice is given to the public of the filing with the Public Utility Commission of Texas an application on February 5, 1998, for a certificate of operating authority (COA), pursuant to sec.sec.54.101-54.111 of the Public Utility Regulatory Act (PURA). A summary of the application follows. Docket Title and Number: Application of Cumby Telephone Cooperative, Inc. for a Certificate of Operating Authority, Docket Number 18795 before the Public Utility Commission of Texas. Applicant intends to provide a full range of telecommunications services which will include but not be limited to local exchange service, basic local telecommunications service, and switched access via the use of its own facilities. Applicant's requested COA geographic area includes the boundaries of GTE Southwest, Inc.'s Brashear, Lone Oak, and Miller Grove exchanges. 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 March 4, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9802123 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: February 12, 1998 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 January 30, 1998, to amend a certificate of convenience and necessity pursuant to sec.sec.14.001, 52.002, 54.001, 54.005, 54.052 - 54.054, and 54.258 of the Public Utility Regulatory Act. A summary of the application follows. Docket Title and Number: Application of Southwest Texas Telephone Company to Amend Certificate of Convenience and Necessity within Kinney County, Docket Number 18754 before the Public Utility Commission of Texas. The Application: In Docket Number 18754, Southwest Texas Telephone Company (Southwest) requests approval to amend the boundary between Southwestern Bell Telephone Company's (SWBT) Brackettville exchange and Southwest's Camp Wood exchange. The proposed revision will transfer a small area of SWBT's Brackettville exchange to Southwest's Camp Wood exchange in order to allow Southwest to serve a single residential customer requesting service and to realign the boundary the way it is being administered. Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 on or before March 6, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936- 7136. TRD-9802037 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: February 11, 1998 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 February 9, 1998, for a service provider certificate of operating authority (SPCOA), pursuant to sec.sec.54.154 - 54.159 of the Public Utility Regulatory Act (PURA). A summary of the application follows. Docket Title and Number: Application of Texas Networking, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 18808 before the Public Utility Commission of Texas. Applicant intends to provide local exchange switched services: (1) on a resale basis from the underlying incumbent local exchange carriers (ILECs) or other certified carrier; (2) using unbundled network elements obtained from ILECs; (3) using services and facilities provided by other carriers; and/or (4) using facilities owned or operated by Applicant. These services may include originating and terminating local calls, switched access service, and PBX local trunking, as well as toll, dedicated lines and other non-local exchange 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 March 4, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9802261 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: February 13, 1998 Notice of Customer-Specific Pricing Contract For Billing And Collection Services Pursuant To PURA sec.58.103 Notice is given to the public of the filing with the Public Utility Commission of Texas on January 8, 1998, Southwestern Bell Telephone Company's Notification of a Customer-Specific Pricing Contract for Billing and Collection Services pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated sec.58.103 (Vernon 1998) (PURA). Docket Number and Title. Notification of Southwestern Bell Telephone Company's Customer-Specific Pricing Contract for Billing and Collection Services with Southwestern Bell Internet Services, Inc. Pursuant to PURA sec.58.103. Docket Number 18633. The Application. Southwestern Bell Telephone Company filed revised tariff sheets with the General Billing and Collection Contract which reflect a range of rates for certain common customer-specific billing and collection service elements. Under PURA, Chapter 58, Subchapter D, billing and collection services are classified as a discretionary service, and as such are subject to pricing flexibility, which includes customer-specific contracts. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711- 3326, or call the Public Utility Commission Office of Customer Protection at (512) 936-7120 on or before March 4, 1998. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936- 7136. TRD-9802269 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: February 13, 1998 Notice of Customer-Specific Pricing Contract For Billing And Collection Services Pursuant To PURA sec.58.103 Notice is given to the public of the filing with the Public Utility Commission of Texas on January 8, 1998, Southwestern Bell Telephone Company's Notification of a Customer-Specific Pricing Contract for Billing and Collection Services pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated sec.58.103 (Vernon 1998) (PURA). Docket Number and Title. Notification of Southwestern Bell Telephone Company's Customer-Specific Pricing Contract for Billing and Collection Services with Integretel, Inc. Pursuant to PURA sec.58.103. Docket Number 18632. The Application. Southwestern Bell Telephone Company filed revised tariff sheets with the General Billing and Collection Contract which reflect a range of rates for certain common customer-specific billing and collection service elements. Under PURA, Chapter 58, Subchapter D, billing and collection services are classified as a discretionary service, and as such are subject to pricing flexibility, which includes customer-specific contracts. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711- 3326, or call the Public Utility Commission Office of Customer Protection at (512) 936-7120 on or before March 4, 1998. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936- 7136. TRD-9802268 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: February 13, 1998 Notice of Customer-Specific Pricing Contract For Billing And Collection Services Pursuant To PURA sec.58.103 Notice is given to the public of the filing with the Public Utility Commission of Texas on December 22, 1997, Southwestern Bell Telephone Company's Notification of a Customer- Specific Pricing Contract for Billing and Collection Services pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated sec.58.103 (Vernon 1998) (PURA). Docket Number and Title. Notification of Southwestern Bell Telephone Company's Customer-Specific Pricing Contract for Billing and Collection Services with Olympic Telecommunications, Inc. pursuant to PURA sec.58.103. Docket Number 18546. The Application. Southwestern Bell Telephone Company filed revised tariff sheets with the General Billing and Collection Contract which reflect a range of rates for certain common customer-specific billing and collection service elements. Under PURA, Chapter 58, Subchapter D, billing and collection services are classified as a discretionary service, and as such are subject to pricing flexibility, which includes customer-specific contracts. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711- 3326, or call the Public Utility Commission Office of Customer Protection at (512) 936-7120 on or before March 4, 1998. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936- 7136. TRD-9802267 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: February 13, 1998 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 an Optional Features addition to the existing PLEXAR- Custom service for AT & T Network Systems in Las Colinas, Texas. Tariff Title and Number: Application of Southwestern Bell Telephone Company for an Optional Features Addition to the Existing PLEXAR-Custom Service for AT & T Network Systems in Las Colinas, Texas Pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 18815. The Application: Southwestern Bell Telephone Company is requesting approval for an Optional Features addition to the existing PLEXAR-Custom service for AT & T Network Systems in Las Colinas, Texas. The designated exchange for this service is the Dallas exchange, and the geographic market for this specific PLEXAR- Custom service is the Dallas 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. TRD-9802270 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: February 13, 1998 Notice of Intent To File Pursuant To Public Utility Commission Substantive Rule 23.28 Notice is given to the public of the intent to file with the Public Utility Commission of Texas, on or after February 23, 1998, an application for approval of promotional rates, pursuant to Public Utility Commission Substantive Rule 23.28. Tariff Title and Number: Application of United Telephone Company of Texas, Inc. doing business as Sprint for Promotional Rates for Call Forwarding-Busy and Call Forwarding-No Answer Pursuant to Public Utility Commission Substantive Rule 23.28. Tariff Control Number 18823. The Application: United Telephone Company of Texas, Inc. doing business as Sprint seeks approval to offer promotional rates for Call Forwarding-Busy and Call Forwarding-No Answer. Sprint is proposing to offer promotional rates for a 69 day period targeted to begin at the proposed effective date of April 6, 1998 and end June 13, 1998. After the promotion period, the monthly rate will apply. This application to offer Call Forwarding-Busy and Call Forwarding- No Answer features is to all Sprint exchanges that are equipped to provide this service. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711 3326, or call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. TRD-9802402 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: February 18, 1998 Notice of Intent To File Pursuant To Public Utility Commission Substantive Rule 23.28 Notice is given to the public of the intent to file with the Public Utility Commission of Texas, on or after February 23, 1998, an application for approval of promotional rates, pursuant to Public Utility Commission Substantive Rule 23.28. Tariff Title and Number: Application of Central Telephone Company of Texas doing business as Sprint for Promotional Rates for Call Forwarding Services Package, Call Forwarding-Busy and Call Forwarding-No Answer Pursuant to Public Utility Commission Substantive Rule 23.28. Tariff Control Number 18822. The Application: Central Telephone Company of Texas doing business as Sprint seeks approval to offer promotional rates for Call Forwarding Services Package, Call Forwarding-Busy and Call Forwarding-No Answer. Sprint is proposing to offer promotional rates for a 69 day period targeted to begin at the proposed effective date of April 6, 1998 and end June 13, 1998. After the promotion period, the monthly rate will apply. This application to offer Call Forwarding Services Package, Call Forwarding-Busy and Call Forwarding-No Answer features is to all Sprint exchanges that are equipped to provide this service. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711- 3326, or call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. TRD-9802403 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: February 18, 1998 Public Notices of Amendment to Interconnection Agreement On January 30, 1998, United Telephone Company of Texas, Inc. doing business as Sprint, Central Telephone Company of Texas doing business as Sprint, and Local Fone Services, Inc. collectively referred to as applicants, filed a joint application for approval of an amendment to an existing interconnection agreement under sec.252(i) 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) 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 18765. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas. Pursuant to P.U.C. Procedural Rule 22.341, 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 Docket Number 18765. 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 noon, March 3, 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 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 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 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 Docket Number 18765. TRD-9802041 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: February 11, 1998 On January 30, 1998, United Telephone Company of Texas, Inc. doing business as Sprint, Central Telephone Company of Texas doing business as Sprint, and DMJ Communications, collectively referred to as applicants, filed a joint application for approval of an amendment to an existing interconnection agreement under sec.252(i) 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) 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 18786. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas. Pursuant to P.U.C. Procedural Rule 22.341, 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 Docket Number 18786. 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 noon, March 3, 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 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 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 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 Docket Number 18786. TRD-9802042 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: February 11, 1998 On January 30, 1998, United Telephone Company of Texas, Inc. doing business as Sprint, Central Telephone Company of Texas doing business as Sprint, and Sterling International Funding, Inc., collectively referred to as applicants, filed a joint application for approval of an amendment to an existing interconnection agreement under sec.252(i) 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) 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 18787. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas. Pursuant to P.U.C. Procedural Rule 22.341, 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 Docket Number 18787. 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 noon, March 3, 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 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 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 h