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.
Office of the Attorney General
Correction of Error
The Office of the Attorney General submitted letter opinions for publication in
the May 1, 1998, Texas Register (23 TexReg 4151). Due to a typographical error
the word "University" was misprinted as "niversity" in the fourth line of LO-
#98-036. The LO should read as follows.
LO-#98-036. Request from Mr. Willard L. Jackson, Jr. Chairman, Board of Regents,
Texas Southern University, 3100 Cleburne Avenue, Houston, Texas 77004, regarding
whether a member of the Texas Southern University Board of Regents may serve as
a volunteer, uncompensated coach (RQ-1025)
SUMMARY. A member of the Texas Southern University Board of Regents does not
violate the common-law doctrine of incompatibility by performing unpaid
volunteer coaching services for a section of the football team, nor does this
service constitute a violation of Government Code section 572.051 or of the
common-law conflict of interest rule. Any voluntary assistance provided by the
regent must be consistent with any rules, regulations, and guidelines
established by the regents under chapter 106 of the Education Code or chapter
2109 of the Government Code, concerning volunteer programs established by
governmental entities, as well as any other applicable laws or regulations.
Texas Cancer Council
Request for Application
NOTICE OF INVITATION:
The Texas Cancer Council hereby solicits the Texas Children's Cancer Center,
Baylor College of Medicine to submit an application for Fiscal Year 1999 funds
to facilitate a program to improve palliative care services for terminally ill
children in Texas. The Texas Children's Cancer Center is uniquely qualified for
this funding opportunity because of its central role in caring for terminally
ill children in Texas.
CONTACT PERSON: For further information contact Don Ray, Program Manager, Texas
Cancer Council, P.O. Box 12097, Austin, Texas 78711, (512) 463-3190.
CLOSING DATE: The Texas Children's Cancer Center, Baylor College of Medicine's
application must be received in the Texas Cancer Council's office by 5:00 p.m.
on June 5, 1998.
BACKGROUND INFORMATION: The Texas Cancer Council is the state agency dedicated
to reducing the human and economic impact of cancer on Texans through the
promotion and support of collaborative, innovative, and effective programs and
policies for cancer prevention and control. The Council's initiatives are guided
by the philosophy that a cooperative and unified effort by public, private, and
volunteer sector agencies and individuals increases the ability of limited
resources to serve more people and minimizes duplication of effort.
The Texas Children's Cancer Center uses services provided by numerous hospice
programs throughout Texas to care for terminally ill children. Most of the
hospice programs have limited pediatric experience, and often have had no
experience with pediatric oncology patients. The needs of terminally ill
children differ greatly from the needs of adult patients. Most families have
developed trusting relationships with the staff at the Texas Children's Cancer
Center and find it difficult to transfer care to a hospice program where they do
not know the caregivers. It is important to maintain the continuity of care
provided by individuals the child and family have grown to trust during the
terminal stage of illness.
The Texas Cancer Council will provide funding for a collaborative effort to
develop pediatric terminal care guidelines that will serve as a standard of care
for hospices, community hospitals, and medical centers throughout Texas. During
the first year of the project, an advisory committee will be established and a
pain management booklet will be developed. Other symptom management guidelines
will be written during year two of the project. These will include nausea and
vomiting, constipation, bleeding, anemia, anorexia, and fatigue. The pediatric
terminal care guidelines will be published and distributed to health care
providers throughout Texas. In addition to the development of pediatric terminal
care guidelines, a series of lay materials will be written for parents and
families caring for a terminally ill child.
APPLICATION REQUIREMENTS: The application must conform to the Texas Cancer
Council's application requirements, which are available from the Council office.
The application must provide for the establishment of an advisory committee made
up of representatives of the different pediatric hospitals in Texas. The
advisory committee will work with the contractor to:
1) assess currently available materials and their applicability to children;
2) develop clinical practice guidelines, including pain management standards,
that will improve the supportive care management of terminally ill children;
3)design an interactive instructional module to complement the newly developed
clinical practice guidelines;
4) implement ongoing evaluation of patient/family needs;
5) develop and disseminate education materials (English and Spanish) for
families with terminally ill children;
6) establish a Web site that will provide access to education materials and
expert consultation for community-based providers within Texas; and
7) evaluate effectiveness of pediatric terminal guidelines, instructional
module, and Web site use.
FUNDING INFORMATION: The maximum amount of funding that may be requested for
Fiscal Year 1999 is $80,000. Final funding is contingent upon the Texas Cancer
Council's review and approval of the application at its meeting on August 5,
1998. Maximum funding of $85,000 in Fiscal Year 2000 may be provided pending the
availability of funds, the project's progress, and the submission of a
meritorious funding continuation proposal for Fiscal Year 2000.
TRD-9806040
Mickey L. Jacobs, M.S.H.P.
Executive Director
Texas Cancer Council
Filed: April 29, 1998
Office of Consumer Credit Commissioner
Notice of Rate Ceilings
The Consumer Credit Commissioner of Texas has ascertained the following rate
ceilings by use of the formulas and methods described in Articles 1D.003 and
1D.009, Title 79, Revised Civil Statutes of Texas, as amended (Articles 5069-
1D.003 and 1D.009, Vernon's Texas Civil Statutes).
The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period of
05/11/98 - 05/17/98 is 18% for Consumer 1/Agricultural/Commercial
2/credit thru $250,000.
The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period of
05/11/98 - 05/17/98 is 18% for Commercial over $250,000.
1Credit for personal, family or household use.
2Credit for business, commercial, investment or other similar
purpose.
TRD-9807327
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: May 5, 1998
Texas Department of Criminal Justice
Notice to Bidders
The Texas Department of Criminal Justice invites bids for 1998 Roof Renovation
at Wynne Unit, Walker County, Huntsville, Texas. Work consists of complete
removal of existing roof systems including insulation, base flashing, metal
flashing, and present roof membrane. Installation of new insulation, roof system
membrane with specified surfacing, base flashing, metal flashing, and counter
flashing as specified. The work consists of roof replacement on several roof
areas for an estimated total of 150,441 square feet. All work will be awarded
under one lump-sum contract. The successful bidder will be required to meet the
following requirements and submit evidence of same to Owner within five days
after receiving notice of intent to award from the Owner.
A. Contractor must have a minimum of five consecutive years of experience as a
General Contractor and provide references for at least three projects that have
been completed of a dollar value and complexity equal to or greater than the
proposed project.
B. Contractor must be bondable and insurable at the required coverage levels.
All Bid Proposals must be accompanied by a Bid Bond in the amount of 5.0% of
greatest amount bid. Performance and Payment Bonds in the amount of 100% of the
contract amount will be required upon award of a contract. Bid Documents can be
purchased from the Architect/Engineer at a cost of $100 (non-refundable) per
set, inclusive of mailing/delivery costs, or they may be viewed at various plan
rooms. Payment checks for documents should be made payable to the
Architect/Engineer: Amtech Roofing Consultants, Inc., 3300 South Gessner, Suite
245, Houston, Texas 77063; Attention: Robert Alford, CPRC, President; Phone:
(713) 266-4829, Facsimile: (713) 266-4977.
A Pre-Bid conference will be held 9:00 a.m. on May 19, 1998, at the Wynne Unit,
Walker County, Huntsville, Texas. Assemble at the main picket gate of the unit.
Attendance is mandatory. Bids will be publicly opened and read at 2:00 p.m. June
16, 1998, in the large Conference Room at the Facilities Division located in the
warehouse building of the TDCJ Administrative Complex (formally Brown Oil Tool)
on Spur 59 off of Highway 75 North, Huntsville, Texas. The Owner reserves the
right to reject any or all bids, and to waive any informality or irregularity.
A second site visit has been scheduled to allow for viewing and field measuring,
only those contractors that attended the mandatory pre-bid conference and site
visit may attend this May 27, 1998, site visit. The above scheduled times are
the only times site visits will be allowed.
The Texas Department of Criminal Justice requires the Contractor to make a good
faith effort to include Historically Underutilized Businesses (HUB's) in at
least 26.1% of the total value of this construction contract award. Attention is
called to the fact that not less than the minimum wage rates prescribed in the
Special Conditions must be paid on these projects.
TRD-9807368
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Filed: May 6, 1998
Request for Proposal - Job Order Contracting
The Texas Department of Criminal Justice (TDCJ) announces that it will be
issuing Solicitation Number 696FD-8-R0016 for cost and technical proposals in
anticipation of award of proposed Job Order Contract(s). The Request for
Proposals will be issued on or about May 11, 1998, with proposals due not later
than close of business June 10, 1998.
A mandatory pre-proposal conference is scheduled for May 26, 1998, at 2:00 p.m.
in the large conference room at the Facilities Division located in the warehouse
building of the TDCJ Administrative complex (formerly Brown Oil Tool) on Spur 59
off of Highway 75 North, Huntsville, Texas.
The proposed contract(s) are for general construction covering two
geographically defined areas, North Zone and South Zone. Proposals may be
submitted for one or both of the two zones. The contract(s) will have a base
period of three full years with two one year option periods and shall not exceed
a total of $50 million ($25 million each in the event of split award) for all
work ordered.
Work will be ordered by issuance of individual job orders ranging in value of
$15,000.00 to $1 million.
To be considered proposals must be submitted in strict compliance with the
requirements of the Request for Proposals and the offeror must have attended the
mandatory pre-proposal conference. Interested parties should submit their
written request for the solicitation package to Texas Department of Criminal
Justice, Administration Building, Room 137, Attention: Ronald C. McGuire, P.O.
Box 4014, Huntsville, Texas 77342-4014. Fax requests are acceptableprovided that
they are followed by an original signed hardcopy. Facsimile number: (409) 294-
6986.
For questions or difficulty in transmitting fax requests, contact Ronald C.
McGuire at (409) 294-6380.
TDCJ is committed to increasing the use of Historically Underutilized Businesses
(HUBs) in its ongoing construction program, and any contract(s) awarded
subsequent to this solicitation process will require the contractor(s) to make a
good faith effort to meet or exceed the agency's goal of 26.1% HUB participation
in performing the contract(s).
TDCJ reserves the right to select one or more firms, or reject all proposals
received.
TRD-9807369
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Filed: May 6, 1998
Texas Commission for the Deaf and Hard of Hearing
Request for Proposal
Note to Applicants: The Texas Commission for the Deaf and Hard of Hearing
(TCDHH) announces the availability of up to $10,000 for one project to develop
and implement a program to provide hearing aids to individuals who do not have
any other resources to obtain them. An initial contract award for up to $10,000
is for 3 months, beginning June 1, 1998 and ending August 31, 1998 with an
option for a one year renewal. The contract may be renewed for an additional
$10,000 beginning September 1, 1998, depending on availability of funds and a
review of performance for the initial three month period. The Commission
reserves the right to accept or reject any or all proposals submitted.
The estimated funding level in this notice does not bind the Commission to make
an award under this program or to award a specific funding level to a specified
entity.
Purpose of Program: The program is designed to assist a target population of
individuals who do not qualify for other assistance to obtain individually
fitted hearing aids. Individuals who do not qualify for assistance from
Medicaid, Texas Rehabilitation Commission, private insurance, Veterans'
Administration, etc. and who show economic need for such assistance may be
served by the project.
Population served may be children or adults but hearing aids must be limited to
one per person. Hearing aids distributed through the project must be new and
will be available at a state contract rate through the program. Preference is
given for serving geographical areas that do not have any similar benefit
programs available to the target population.
Eligible Applicants: Public or private non-profit agencies and organizations,
including institutions of higher education, are eligible for assistance.
Applicants that have access to non-State matching funds are encouraged to apply.
Selection Criteria: The Commission reviews each application to determine to what
degree: 1. Relevance and importance of the project (10 points) a) The proposed
plan is responsive to the program and addresses a significant need of the target
population. 2. Documented details of the plan of operation (30 points) a) The
proposed plan is well documented and provides sufficient details regarding how,
when and where the project will be implemented; b) The proposed plan is adequate
to accomplish the purpose of the program and to ensure proper and efficient
management of the project; and c) There is a clear description of how the
applicant will identify, select and serve project participants who are
traditionally under served individuals. 3. Documented and demonstrated applicant
ability and qualifications to serve the target population through the project
(30 points) a) The key personnel have appropriate training and experience in
serving the target population and to carry out the proposed services; b) The
commitment of staff time is adequate to conduct all proposed activities; c) The
past performance and accomplishments of the applicant indicate an ability to
serve individuals eligible for the program; and d) An established address and
published phone number is available where provider can be contacted. 4. Budget
and cost effectiveness (30 points) a) The budget for the project is adequate to
support the proposed activities; b) The costs are reasonable in relation to the
objectives of the project; c) The budget for subcontracts (if appropriate) is
detailed; d) The budget reflects that at least 90% of funding is related to
direct provision of services and not more than 10% is dedicated to
administrative costs of the program; and e) The budget narrative is detailed,
which includes cost of hearing aids and number of individuals to be served.
Additional Information: 1. Preference may be given to a) Projects that can be
duplicated in other locations, and b) Projects that can serve remote or rural
areas where similar services are limited in availability. 2. Recognition must be
given to TCDHH on all materials and documentation developed or associated with
this program. 3. Recipient will be paid on a quarterly basis upon receipt of
invoice and quarterly progress report.
Quarterly Progress Report: 1. Contractor must provide a narrative of the work
performed for the quarter, which will include number of individuals receiving
hearing aids and how these individuals were selected and served.
2. Contractor must provide a detailed narrative of the funding spent during the
quarter, including a detailed invoice for reimbursement. 3. Additional funding
that may be available for Fiscal Year 1999 may depend on an evaluation of
progress made for Fiscal Year 1998.
Deadline: Complete proposal packets are available from TCDHH by contacting Rose
Aird Minette at (512) 407-3250 (Voice) or 407-3251 (TTY) or 451-9316 (FAX).
Proposals must be received in the TCDHH office at 4800 N. Lamar Suite #310
Austin, TX 78756 by 5:00 p.m. May 22, 1998. Faxed proposals will be accepted,
but an original proposal must be submitted to the above address as well.
TRD-9806063
David W. Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Filed: April 30, 1998
State Board for Educator Certification
Request for Application Concerning Centers for the Professional Development of
Teachers - Phase 21
Filing Authority: This Request for Application (RFA) #705-98-005 is authorized
under Texas Education Code, 21.047 Centers for the Professional Development of
Teachers.
Eligible Applicants: Only institutions of higher education (IHEs) with fully
approved Centers for the Professional Development of Teachers in collaboration
with other institutions of higher education with approved teacher education
programs, ISDs, ESCs, and other entities or businesses are eligible to apply.
Description: The purpose of this grant is to create innovative models, or
replicate and expand existing models with proven effectiveness for addressing
the state's critical need for preparing a diverse and numerous group of
preservice and inservice teachers for full certification in identified critical
shortage areas. Emphasis should be given to utilizing distance learning and/or
other technologies as an integral part of the plan. Applications selected for
funding must strongly define and engage the center collaborative in strategies
that increase the diversity of the teaching force as well as the number of those
that become teachers in accordance with Texas Administrative Code, 230.121 (b)
(f).
Dates of Project: The Centers for Professional Development of Teachers - Phase
21 will begin implementation during the 1998-1999 school year. Implementation
must be completed by August 31, 1999. Applicants should plan for a starting date
of August 10, 1998 and an ending date of no later than August 31, 1999.
Project Amount: Funding will be made on the merits of the applications submitted
in accordance with program, activities, and services outlined in T.A.C. 230.121
(f) and Sections V, VI, and VII of the RFA. A total of approximately $600,000.00
is available for funding under this cycle. Funding amounts to each approved
application will be competitive and no more than six applicants shall be funded
from the total funds available.
Selection Criteria: Applications will be selected based on the ability of each
applicant to carry out all the requirements contained in the RFA. All
applications must be collaboratively developed with ISDs, ESCs, IHEs, and other
entities or businesses. Applications will be reviewed for educational merit and
evidence of the collaborative members functioning as equal partners committed to
creating innovate models for recruiting, training, or retraining individuals in
subject areas in addressing the critical shortage areas within the state.
The SBEC is not obligated to approve an application, provide funds, or endorse
any application that is submitted in response to this RFA. This RFA does not
commit the SBEC to pay any costs incurred before an application is approved. The
issuance of this RFA does not obligate the SBEC to award a grant or to pay any
costs incurred in the preparation of a response.
For Requesting the Application or Further Information: A complete copy of RFA
may be obtained by writing the: State Board for Educator Certification, Contract
and Grant Administration, Teacher Retirement System Building, 1001 Trinity,
Austin, TX 78701-2603, or by calling (512) 469-3000. Please refer to RFA #705-
98-005 in your request.
Deadline for Receipt of Application: The deadline for receiving an application
in the SBEC Contract and Grant Administration is 3:00 p.m. (c.s.t.), Monday,
July 6, 1998.
TRD-9806244
Stephanie Korcheck
Director of Policy and Planning
State Board for Educator Certification
Filed: May 4, 1998
General Services Commission
Notice to Bidders of Revised Bid Date and Prebid Conference Date and Time
SEALED BIDS WILL BE RECEIVED BY GENERAL SERVICES COMMISSION (GSC), FACILITIES
CONSTRUCTION AND SPACE MANAGEMENT DIVISION (FCSM), P. O. BOX 13047, AUSTIN,
TEXAS, 78711-3047, TELEPHONE (512) 463-3417, ON THURSDAY, JUNE 4, 1998, AT 3:00
PM FOR:
Project Number 96-007-303, New Facilities for State Aircraft Pooling Board,
Austin-Bergstrom International Airport, 10335 McWhirk Boulevard, Austin, Texas
78719. The approximate cost for this project is $5,000,000.00.
Bid Receipt Location: Bids will be submitted to the General Services Commission
at the Central Services Building, Bid Room 180, 1711 San Jacinto, Austin, TX
78701 or mailed to P. O. Box 13047, Austin, Texas 78711-3047. Clearly mark on
the outside project number and title and that envelope contains a sealed bid.
Contractor Qualifications: Prime contractors are required to submit a
Contractor's Qualifications Form on GSC's form no later than 5:00PM, on Tuesday,
May 28, 1998, to document compliance with contractor's qualification
requirements for this project. A copy of GSC's Contractor's Qualifications Form
can be obtained by calling FCSM at (512) 463-3417 or the Architect. Information
is to be used in determining if a contractor is qualified to receive a contract
award for the project. A review by FCSM of contractor's qualifications
statements is required prior to obtaining bid documents from the Architect.
Bid Documents: Plans and specifications will be available after Monday, May 4,
1998, for prime contractors from Cox Design Associates, 4201 Bee Caves Road,
Building A-101, Austin, Texas 78746, telephone: 327-4149, fax: 327-7679, upon
receipt of a refundable deposit of $100.00 per set. Bid documents will be
available for review at the FCSM office, 1711 San Jacinto, Suite 202, Austin,
Texas 78701, Tel. (512) 463-3417, the Architect's offices, and the Plan Rooms of
Associated General Contractors, F. W. Dodge Corporation, and the Associated
Builders and Contractors.
Pre-Bid Conference: There will be a Pre-Bid Conference on Thursday, May 21,
1998, at 1:30PM, at the existing State Aircraft Pooling Board facility, 4900 Old
Manor Road, Austin, Texas 78723.
BIDS ARE TO BE MADE IN ACCORDANCE WITH STATE PROCEDURES.
TRD-9806079
Judy Ponder
General Counsel
General Services Commission
Filed: April 30, 1998
Texas Department of Health
Correction of Error to the Notice of Request for Proposals for Diabetes
Awareness and Education in the Community Project
This is a correction of error to the Notice of Request for Proposals for
Diabetes Awareness and Education in the Community Project, which was published
in the April 24, 1998, issue of the Texas Register (23 TexReg 4128), TRD
9805257.
In the last paragraph of the notice, the telephone number for the contact
person, Debra Owens, was incorrectly listed as (512) 459-7490, and the correct
telephone number for Ms. Owens is (512) 458-7490.
TRD-9806086
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: May 1, 1998
Designation of Presbyterian Occupational Health Network as Site Serving
Medically Underserved Populations
The 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: Presbyterian Occupational Health Network,
located at 101 Sage Street, Suite F, Terrell, Texas 75160. 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 Ann Henry,
Bureau of State Health Data and Policy Analysis, Texas Department of Health,
1100 West 49th Street, Austin, Texas 78756, Telephone (512) 458-7261. Comments
will be accepted for 30 days from the publication date of this notice.
TRD-9806147
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: May 1, 1998
Licensing Action for Radioactive Materials
The Texas Department of Health has taken actions regarding licenses for the
possession and use of radioactive materials as listed in the table below. The
subheading labeled “Location” indicates the city in which the
radioactive material may be possessed and/or used. The location listing
"Throughout Texas" indicates that the radioactive material may be used on a
temporary basis at job sites throughout the state.
[graphic]
[graphic]
[graphic]
The Texas Department of Health has taken actions regarding licenses for the
possession and use of radioactive materials as listed in the table below. The
subheading labeled "Location" indicates the city in which the radioactive
material may be possessed and/or used. The location listing "Throughout Texas"
indicates that the radioactive material may be used on a temporary basis at job
sites throughout the state. In issuing new licenses and amending and renewing
existing licenses, the Texas Department of Health, Bureau of Radiation Control,
has determined that the applicants are qualified by reason of training and
experience to use the material in question for the purposes requested in
accordance with Texas Regulations for Control of Radiation in such a manner as
to minimize danger to public health and safety or property and the environment;
the applicants' proposed equipment, facilities, and procedures are adequate to
minimize danger to public health and safety or property and the environment; the
issuance of the license(s) will not be inimical to the health and safety of the
public or the environment; and the applicants satisfy any applicable special
requirements in the Texas Regulations for Control of Radiation.
This notice affords the opportunity for a hearing on written request of a
licensee, applicant, or "person affected" within 30 days of the date of
publication of this notice. A "person affected" is defined as a person who is
resident of a county, or a county adjacent to the county, in which the
radioactive materials are or will be located, including any person who is doing
business or who has a legal interest in land in the county or adjacent county,
and any local government in the county; and who can demonstrate that he has
suffered or will suffer actual injury or economic damage due to emissions of
radiation. A licensee, applicant, or "person affected" may request a hearing by
writing Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director,
Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189.
Any request for a hearing must contain the name and address of the person who
considers himself affected by Agency action, identify the subject license,
specify the reasons why the person considers himself affected, and state the
relief sought. If the person is represented by an agent, the name and address of
the agent must be stated.
Copies of these documents and supporting materials are available for inspection
and copying at the office of the Bureau of Radiation Control, Texas Department
of Health, Exchange Building, 8407 Wall Street, Austin, Texas, from 8:00 a.m. to
5:00 p.m. Monday-Friday (except holidays).
TRD-9807370
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: May 6, 1998
Notice of Revocation of Certificates of Registration
The Texas Department of Health (department), having duly filed complaints
pursuant to Texas Regulations for Control of Radiation, Part 13 (25 Texas
Administrative Code, sec.289.112), has revoked the following certificates of
registration: Semloh Corporation, Truth or Consequences, New Mexico, R06703,
April 30, 1998; R. Phillips X-Ray, Arlington, R20191, April 30, 1998; Sheri J.
Talley, M.D., Fort Stockton, R19734, April 30, 1998; Terrell Veterinary Center,
Terrell, R19826, April 30, 1998; North Central Expressway HealthCare Center,
Dallas, R21348, April 30, 1998; Cheryl Nicoli Contreras, D.D.S., Rockwall,
R22671, April 30, 1998.
A copy of all relevant material is available for public inspection at the
Bureau of Radiation Control, Texas Department of Health, Exchange Building,
8407 Wall Street, Austin, Texas, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except
holidays).
TRD-9807373
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: May 6, 1998
Heart of Texas Council of Governments
Request for Proposals -- Public Notice
The Heart of Texas Council of Governments is the administrative and fiscal agent
for the Heart of Texas Workforce Development Board. The primary responsibility
of the Workforce Development Board is to provide policy and program guidance and
to exercise independent oversite of workforce development activities in
partnership with local governments for the Heart of Texas region. The Heart of
Texas region consists of Bosque, Falls, Freestone, Limestone, Hill, and McLennan
counties.
The Heart of Texas Workforce Development Board is soliciting proposals for the
management and operation of the Workforce Development Centers consistent with
Title IIA, IIC, and III (EDWAA) of the Act and regulations, State of Texas
Senate Bill 642 and House Bill 1863, the Texas Workforce Commission rules and
regulations, and the Workforce Development Board's Strategic and Operational
Plan for the six county area. Successful contractor(s) will assume management
and operational control of existing Workforce Centers, which include outreach;
recruitment; screening; and determination/certification of eligibility for JTPA
Title II and III, Trade Adjustment Assistance, Defense Conversion Act; Temporary
Assistance for Needy Families (TANF), Food Stamps Employment and Training,
Welfare-to-Work, and/or other available employment and training programs; client
outcome management/counseling; and coordination of participant supportive
services.
For information, please contact HOTCOG, 300 Franklin Avenue, Waco, Teas 76701
(ATTN: Workforce Planning), (254) 756-7822. Proposals must be received by HOTCOG
no later than 5:00 p.m., Monday, June 1, 1998. A bidder's conference was held at
the Heart of Texas Workforce Center, 925 Columbus Avenue, Waco, Texas on
Tuesday, May 5, at 10:00 a.m. HOTCOG reserves the right to reject any or all
proposals received in response to this RFP.
TRD-9806138
Donna Tomlinson
Executive Assistant
Heart of Texas Council of Governments
Filed: May 1, 1998
Texas Department of Housing and Community Affairs
Request for Proposal
TO PROVIDE TECHNICAL ASSISTANCE EDUCATIONAL SERVICES TO A THIRTY COUNTY AREA IN
THE ALAMO AREA, COSTAL BEND LOWER RIO GRANDE VALLEY, MIDDLE RIO GRANDE, PERMIAN
BASIN, RIO GRANDE, THE SOUTH TEXAS, AND WEST CENTRAL TEXAS REGIONAL AREAS
The Texas Department of Housing and Community Affairs (TDHCA) is accepting
proposals for a one and one-half year contract with a competent entity or
individual to provide contract for deed consumer education workshops in thirty
designated counties located within 200 miles of the Texas-Mexico border. The
competent entity or individual will provide consumer education workshops to
educate colonia residents, local officials, land developers, and other
interested parties on the new provisions of the executory contract for deed
transaction and the rights of a buyer who purchases residential land with a
contract for deed. TDHCA's Office of Colonia Initiatives (OCI) will provide the
initial training on contract for deed to the interested entity or individual.
The successful candidate will provide contract for deed consumer education after
completion of TDHCA training as outlined in the workshop curriculum which
includes: What is a Contract For Deed; Negative Aspects of the Contract For
Deed; Determination and Notice of Applicability; Spanish Language Requirement;
Seller's Disclosure of Condition of the Property; Seller's Disclosure of
Financial Terms; Contract Terms Prohibited; Annual Accounting Statement; Buyer's
Right to Cancel Contract Without Cause; Forfeiture and Acceleration or of
Rescission; Notice of Forfeiture and Acceleration or of Rescission; Equity
Protection: Sale of Property, Placement of Lien for Utility Service; The Buyer's
Right to Pledge Interest In Property On Contracts Entered Into Before September
1, 1995; Recording Requirements; and Title Transfer.
Interested parties should have experience in executing educational workshops,
considerable experience working with colonia residents and/or low income
populations, have geographical knowledge of colonias and/or substandard living
conditions in the 30 designated counties, knowledge of the basic process of a
contract for deed transaction, and experience in marketing to colonia residents
or low income populations.
Proposals must be received at TDHCA headquarters no later than 5:00 p.m. on
Monday, June 15th, 1998. Please call Juan Palacios or Ann Garcia at 1-800-462-
4251 at the OCI for more information.
TRD-9806041
Larry Paul Manley
Executive Director
Texas Department of Housing and Community Affairs
Filed: April 29, 1998
Texas Department of Insurance
Insurer Services
The following application has been filed with the Texas Department of Insurance
and is under consideration:
Application to change the name of COLONIA INSURANCE COMPANY to AXA GLOBAL RISKS
US INSURANCE COMPANY, a foreign property and casualty company. The home office
is located in New York, New York.
Any objections must be filed within 20 days after this notice was filed with the
Texas Department of Insurance, addressed to the attention of Kathy Wilcox, 333
Guadalupe Street, M/C 305-2C, Austin, Texas 78701.
TRD-9806106
Bernice Ross
Deputy Chief Clerk
Texas Department of Insurance
Filed: May 1, 1998
Notices of Public Hearing
The Commissioner of Insurance, at a public hearing under Docket Number 2355
scheduled for June 18, 1998 at 10:00 a.m., in Room 100 of the William P. Hobby
Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, will consider
a proposal made in a petition filed by the Texas Insurance Organization (TIO).
TIO's petition seeks amendment of the Texas Automobile Rules and Rating Manual
(the Manual) Rule 74, to eliminate an inconsistency in Rule 74. Manual Rule 74
governs the classifications used in writing liability and collision insurance.
TIO's petition (Reference Number A-0298-07) was filed on February 6, 1998, and
its revised petition was filed on March 30, 1998.
Manual Rule 74.A.3. currently classifies as 2D or 2DF an unmarried female under
age 21 only if there is no male operator under 25 years of age. The proposed
amendment would delete the condition, "and there is no male operator under 25
years of age."
TIO's petition explains the rationale for its proposal as follows: There is
presently an inconsistency in Rule 74 regarding the rating of vehicles when
there are "youthful operators." The inconsistency arises in the application of
Section C.5.b., which requires that, the company charge the highest rate equal
to the number of autos that are principally operated by youthful operators. It
has been the case until recently that a class 2.A. or 2.C. (both male) has
always been at higher rates than class 2.D. (female). However, in recent years
and in some territories the 2.D. class rate is higher than the 2.A. or 2.C.
class.
Under Section A.3. of Rule 74 the 2.D. class can only be assigned if there is no
male operator under 25 years of age. To illustrate the problem by example:
assume an insuring situation where there are two parents, a son age 16 and a
daughter age 17 with two autos in territory 01. The children use the mother's
car when using a vehicle. Section C.5.b. requires that the highest rate equal to
the number of autos principally operated by youthful operators be used. In this
example it would be the 2.D. class. However, the 2.D. class could not be
assigned because of Section A.3.
By eliminating the condition "and there is no male operator under 25 years of
age" this conflict can be resolved. A copy of the petition containing the full
text of the proposed amendments to the Manual is available for review in the
office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe
Street, Austin, Texas. For further information or to request copies of the
petition, please contact Angie Arizpe at (512) 463-6326; refer to (Reference
Number A-0298-07).
Comments on the proposed changes must be submitted in writing within 30 days
after publication of the proposal in the Texas Register, to the Office of the
Chief Clerk, Texas Department of Insurance, P. O. Box 149104, MC 113-2A, Austin,
Texas 78714-9104. An additional copy of comments is to be submitted to David
Durden, Deputy Commissioner, Automobile and Homeowners Group, Texas Department
of Insurance, P. O. Box 149104, MC 104-5A, Austin, Texas 78714-9104.
This notification is made pursuant to the Insurance Code, Article 5.96, which
exempts it from the requirements of the Government Code, Chapter 2001
(Administrative Procedure Act).
This agency hereby certifies that the proposal has been reviewed by legal
counsel and found to be a valid exercise of the agency's authority.
TRD-9806126
Bernice Ross
Deputy Chief Clerk
Texas Department of Insurance
Filed: May 1, 1998
The Commissioner of Insurance, at a public hearing under Docket Number 2356
scheduled for June 18, 1998 at 10:00 a.m., in Room 100 of the William P. Hobby
Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, will consider
a proposal made in a staff petition. Staff's petition seeks amendment of the
Texas Automobile Rules and Rating Manual (the Manual), Rule 74.E.3., to phase
out the drugs and alcohol driving awareness training credit. Staff's petition
(Reference Number A-0598-10-I), was filed on May 1, 1998.
Staff proposes the repeal of Manual Rule 74.E.3. and the phasing out of the 5%
credit currently required for each auto principally operated by a person who
successfully completes specified drugs and alcohol driving awareness training
requirements. Staff proposes elimination of this credit because training of this
nature is no longer specifically authorized by the Texas Administrative Code.
Effective November 25, 1997, the TCADA repealed its rules relating to the drugs
and alcohol driving awareness program. The absence of any formal criteria for
review and approval of curriculum and certification of instructors for this
program means there is no mechanism to monitor or assure the quality of such
training.
Under the phase-out proposed by Staff a trainee who meets this rule's
requirements and is issued the certificate of completion before September 1,
1998, shall be eligible for the credit until 36 months subsequent to the date of
issuance. Staff proposes repeal of Rule 74.E.3., as of September 1, 2001, as the
36 month period for anyone would expire no later than August 31, 2001. Staff
also recommends deletion of the second sentence in Rule 74.E.3.c., which
specifies the procedure for requalifying for the credit. Deletion of this
sentence is recommended because it would no longer be applicable. Staff also
proposes to amend Rule 74.E.3.d., to specify those drivers convicted of DWI or
minor in possession after taking the course will not be eligible for the
discount. The rule's current language establishing a time period of seven years
for this limitation would no longer be applicable, as the discount would be
phased out before that seven years expires. A copy of the petition containing
the full text of the proposed amendments to the Manual is available for review
in the office of the Chief Clerk of the Texas Department of Insurance, 333
Guadalupe Street, Austin, Texas. For further information or to request copies of
the petition, please contact Angie Arizpe at (512) 463-6326; refer to (Reference
Number A-0598-10-I).
Comments on the proposed changes must be submitted in writing within 30 days
after publication of the proposal in the Texas Register, to the Office of the
Chief Clerk, Texas Department of Insurance, P. O. Box 149104, MC 113-2A, Austin,
Texas 78714-9104. An additional copy of comments is to be submitted to David
Durden, Deputy Commissioner, Automobile and Homeowners Group, Texas Department
of Insurance, P. O. Box 149104, MC 104-5A, Austin, Texas 78714-9104.
This notification is made pursuant to the Insurance Code, Article 5.96, which
exempts it from the requirements of the Government Code, Chapter 2001
(Administrative Procedure Act).
This agency hereby certifies that the proposal has been reviewed by legal
counsel and found to be a valid exercise of the agency's authority.
TRD-9806129
Bernice Ross
Deputy Chief Clerk
Texas Department of Insurance
Filed: May 1, 1998
The Commissioner of Insurance, at a public hearing under Docket Number 2357
scheduled for June 18, 1998 at 10:00 a.m., in Room 100 of the William P. Hobby
Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, will consider
a proposal made in a staff petition. Staff's petition seeks amendment of the
Texas Automobile Rules and Rating Manual (the Manual), to adopt new and/or
adjusted 1997 and 1998 model Private Passenger Automobile Physical Damage Rating
Symbols and revised identification information. Staff's petition (Reference
Number A-0598-11-I), was filed on May 5, 1998. The new and/or adjusted symbols
for the Manual's Symbols and Identification Section reflect data compiled on
damageability, repairability, and other relevant loss factors for the listed
1997 and 1998 model vehicles.
A copy of the petition, including an exhibit with the full text of the proposed
amendments to the Manual is available for review in the office of the Chief
Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas.
For further information or to request copies of the petition, please contact
Angela Arizpe at (512) 463-6326; refer to (Reference Number A-0598-11-I ).
Comments on the proposed changes must be submitted in writing within 30 days
after publication of the proposal in the Texas Register, to the Office of the
Chief Clerk, Texas Department of Insurance, P.O. Box 149104, MC 113-2A, Austin,
Texas 78714-9104. An additional copy of comments is to be submitted to David
Durden, Deputy Commissioner, Automobile and Homeowners Group, Texas Department
of Insurance, P.O. Box 149104, MC 104-5A, Austin, Texas 78714-9104.
This notification is made pursuant to the Insurance Code, Article 5.96, which
exempts it from the requirements of the Government Code, Chapter 2001
(Administrative Procedure Act).
TRD-9807352
Bernice Ross
Deputy Chief Clerk
Texas Department of Insurance
Filed: May 6, 1998
The Commissioner of Insurance, at a public hearing under Docket Number 2358
scheduled for June 18, 1998 at 10:00 a.m., in Room 100 of the William P. Hobby
Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, will consider
a proposal made in a staff petition. Staff's petition seeks amendment of the
Texas Automobile Rules and Rating Manual (the Manual), to adopt new and/or
adjusted 1998 and 1999 model Private Passenger Automobile Physical Damage Rating
Symbols and revised identification information. Staff's petition (Reference
Number A-0598-12-I), was filed on May 5, 1998. The new and/or adjusted symbols
for the Manual's Symbols and Identification Section reflect data compiled on
damageability, repairability, and other relevant loss factors for the listed
1998 and 1999 model vehicles.
A copy of the petition, including an exhibit with the full text of the proposed
amendments to the Manual is available for review in the office of the Chief
Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas.
For further information or to request copies of the petition, please contact
Angie Arizpe at (512) 463-6326; refer to (Reference Number A-0598-12-I).
Comments on the proposed changes must be submitted in writing within 30 days
after publication of the proposal in the Texas Register, to the Office of the
Chief Clerk, Texas Department of Insurance, P. O. Box 149104, MC 113-2A, Austin,
Texas 78714-9104. An additional copy of comments is to be submitted to David
Durden, Deputy Commissioner, Automobile and Homeowners Group, Texas Department
of Insurance, P. O. Box 149104, MC 104-5A, Austin, Texas 78714-9104.
This notification is made pursuant to the Insurance Code, Article 5.96, which
exempts it from the requirements of the Government Code, Chapter 2001
(Administrative Procedure Act).
TRD-9807353
Bernice Ross
Deputy Chief Clerk
Texas Department of Insurance
Filed: May 6, 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 PhyCor of Dallas, L.P., (using the assumed
name of PhyCor IPA Management), a foreign third party administrator. The home
office is Nashville, Tennessee.
Application for admission to Texas of Pro-Mark Holdings, Inc., a foreign third
party administrator. The home office is Wilmington, Delaware.
Application for incorporation in Texas of Elgin B. Allen, Jr., (using the
assumed name of AIM Benefit Administrators), 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-9807367
Bernice Ross
Deputy Chief Clerk
Texas Department of Insurance
Filed: May 6, 1998
Texas State Library and Archives Commission
Quarterly Report of Consultant Contract Reports
By law (V.T.C.A., Government Code 2254, Subchapter B), state agencies and
regional councils of governments are required to file with the Office of the
Secretary of State invitations to bid and details on bidding on private
consultant contracts expected to exceed $10,000. Within 10 days of the award of
the contract, the agency must file with the Secretary of State a description of
the study to be conducted, the name of the consultant, the amount of the
contract, and the due dates of the reports. Additionally, sec.2254.036, directs
the contracting agencies to file copies of all documents, films, recordings, or
reports developed by the private consultants with the Texas State Library. The
Library is required to compile a list of the materials received and submit the
list quarterly for publication in the Texas Register.
The following is a list of materials received for the first quarter of 1998.
These materials may be examined in Room 300, Texas State Library, 1201 Brazos
Street, Austin, Texas.
Agency: Employees Retirement System
Consultant: Segal Company
Title: Interactive voice response technology implementation strategic report
Agency: General Services Commission
Consultant: Center for Maximum Potential Building Systems
Title: (1) Sustainable building in Texas : a strategy whose time has come
[videotape]; and (2) 1997 Texas Sustainable Building Professional Training
Seminars: the nuts and bolts of greening Texas public buildings
Agency: Texas A & M University System
Consultant: Herdon, Stauch & Associates
Title: (1) Claim of Cal-Mac Construction Company to Texas A & M University
System, Recreational Sports Building & Natatorium; (2) Recreational Sports
Building & Natatorium, Texas A & M University, analysis of request for equitable
adjustment by Dal-Mac
Agency: Texas A & M University System
Consultant: Gary Talesnik, KPMG Peat Marwick
Title: Cost Accounting Standards Board disclosure statement (CASB DS-2)
Agency: Department of Transportation
Consultant: KPMG Peat Marwick LLP
Title: Business process retooling of the Fiscal Services and Supplies, Materials
and Equipment business areas
Agency: University of Texas System
Consultant: MGT of America, Inc.
Title: Enrollment management study: final report
TRD-9807256
Raymond Hitt
Assistant State Librarian
Texas State Library and Archives Commission
Filed: May 4, 1998
Texas Department of Mental Health and Mental Retardation
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 (THHSC) will conduct a public hearing
to receive comments on TDMHMR's proposed reimbursements for the following
Medicaid program: Institutions for Mental Diseases reimbursement rates effective
May 1, 1998 through April 30, 1999. The public hearing is held in compliance
with Title 1, Texas Administrative Code, Chapter 355, Subchapter F,
sec.355.702(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 8:30 a.m., Tuesday, June 9, 1998, in the
auditorium of the TDMHMR Central Office (main building) 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 that 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-9807349
Charles M. Cooper
Chair, Texas MHMR Board
Texas Department of Mental Health and Mental Retardation
Filed: May 6, 1998
Texas Natural Resource Conservation Commission
Correction of Error, 30 TAC sec.sec.336.512, 336.519, 336.607
The Texas Natural Resource Conservation Commission submitted proposed amendments
to Chapter 336, concerning radioactive substance rules. The rules were published
in the April 24, 1998, Texas Register (23 TexReg 4016).
On page 4034 in sec.336.512(a), the word [in] is proposed for deletion and
should have been printed with strike through marks.
On page 4037 in sec.336.519(a), the second sentence contains a typographical
error. The phrase "...30 days before to the expiration date..." should omit the
"to" and read "...30 days before the expiration date...".
On page 4040 in sec.336.607 the section heading is broken into two parts.
The heading should read as follows. "sec.336.607. Criteria for License
Termination under Restricted Conditions."
Enforcement Orders
An agreed order was entered regarding RON LANEY OIL CO., INC., Docket Number.
96-1165-PST-E; TNRCC ID Number 8312; Enforcement ID Number 5463 on April 25,
1998 assessing $10,600 in administrative penalties with $10,100 deferred.
Information concerning any aspect of this order may be obtained by contacting
Hodgson Eckel, Staff Attorney at (512) 239-2195 or Mick Wilson, Enforcement
Coordinator at (512) 239-2228, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding WORTH OIL COMPANY, Docket Number 96-0847-
PST-E; TNRCC Owner ID Number 30568; Enforcement ID Numbers 5478, 5653, 5654,
5475, 5476, 5477, 5655, 11614, and 11617 on April 25, 1998 assessing $96,750 in
administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Ray Winter, Staff Attorney at (512) 239-0477 or Craig Carson, Enforcement
Coordinator at (512) 239-2175, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding NEWELL COOPER DBA MILKY WAY DAIRY, Docket
Number 97-0130-AGR-E (@03094) on March 11, 1998 assessing $4,720 in
administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Booker Harrison, Staff Attorney at (512) 239-4113 or Claudia Chaffin,
Enforcement Coordinator at (512) 239-4717, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding MR. ANWARALI DOSSANI, Docket Number 97-
0856-PST-E; Facility Number 46830 on April 25, 1998 assessing $1,800 in
administrative penalties with $360 deferred.
Information concerning any aspect of this order may be obtained by contacting
Srini Kusamanchi, Enforcement Coordinator at (512) 239-5874, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding LEIGH ENGINEERING, INCORPORATED, Docket
Number 97-0584-PST-E; Enforcement ID Number 11483 on April 25, 1998 assessing
$4,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Walter Ehresman, Staff Attorney at (512) 239-0573 or Craig Carson, Enforcement
Coordinator at (512) 239-2175, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding LUCKY LADY OIL COMPANY, Docket Number 97-
0585-PST-E; Enforcement ID Number 11450 on April 25, 1998 assessing $4,000 in
administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Walter Ehresman, Staff Attorney at (512) 239-0573 or Craig Carson, Enforcement
Coordinator at (512) 239-2175, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding THE TEXAS DEPARTMENT OF TRANSPORTATION,
Docket Number 96-0722-PST-E; Enforcement ID Numbers 10897 et. al. on April 25,
1998 assessing $28,800 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Raymond Winter, Enforcement Coordinator at (512) 239-0477 or Mick Wilson,
Enforcement Coordinator at (512) 239-2228, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding YOUNG'S TIRE SALVAGE, Docket Number 97-
0804-MSW-E; TNRCC ID Number MSW-26701; Enforcement ID Number 11725 on April 25,
1998 assessing $6,560 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Kara Salmanson, Staff Attorney at (512) 239-1738 or Kristina LaRue, Enforcement
Coordinator at (512) 239-2562, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding PHILLIPS PETROLEUM COMPANY, Docket Number
97-0896-AIR-E; Account Number BL-0042-G; Enforcement ID Number 76 on April 25,
1998 assessing $10,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Guy Henry, Staff Attorney at (512) 239-6259 or Miriam Hall, Enforcement
Coordinator at (512) 239-1044, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CHAVEZ TRUCKING, Docket Number 97-0744-
AIR-E; Account Number EE-0461-D on April 25, 1998 assessing $3,000 in
administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Kathy Keils, Staff Attorney at (512) 239-0678 or Stacey Young, Enforcement
Coordinator at (512) 239-1899, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CREDIT AUTO SALES, Docket Number 97-1138-
AIR-E; Account Number KB-0152-J; Enforcement ID Number 702 on April 25, 1998
assessing $1,500 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
David Edge, Enforcement Coordinator at (512) 239-1779, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding TOMMY FISHER DBA ACUFF STEAK HOUSE, Docket
Number 96-0100-PWS-E; PWS Number 1520120 on April 25, 1998 assessing $5750 in
administrative penalties with $5150 deferred.
Information concerning any aspect of this order may be obtained by contacting
Guy Henry, Staff Attorney at (512) 239-6259 or Terry Thompson, Enforcement
Coordinator at (512) 239-6095, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding DAVID SHEFFIELD DBA TEXAS LANDING TILITY
CO., Docket Number 97-0385-PWS-E; Enforcement ID Number 11408 on April 25, 1998
assessing $920 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Tom Napier, Enforcement Coordinator at (512) 239-6063, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding ACKERLY WATER SUPPLY CORPORATION, Docket
Number 97-0942-PWS-E; PWS Number 0580011 on April 25, 1998 assessing $1,030 in
administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Bill Main, Enforcement Coordinator at (512) 239-4481, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF MARSHALL, Docket Number 97-0782-
PWS-E; PWS 1020002; CCN Number 11064; Enforcement ID Number 8337 on April 25,
1998 assessing $780 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Sabelyn Pussman, Enforcement Coordinator at (512) 239-6061, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding MAGNOLIA INDEPENDENT SCHOOL DISTRICT,
Docket Number 97-0976-MWD-E; Permit Number 13653-001; Enforcement ID Number
11827 on April 25, 1998 assessing $1,900 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Pamela Campbell, Enforcement Coordinator at (512) 239-4493, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF ALPINE, Docket Number 97-0959-
MWD-E; Permit Number 10117-001 on April 25, 1998 assessing $2,400 in
administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Pamela Campbell, Enforcement Coordinator at (512) 239-4493, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding JAVELINA COMPANY, Docket Number 97-0901-
IWD-E; Permit Number03137 on April 25, 1998 assessing $3,360 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Bill Main, Enforcement Coordinator at (512) 239-4481, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding JOE CORDELL, Docket Number 97-0975-AGR-E;
No Permit Number on April 25, 1998 assessing $720 in administrative penalties
with $144 deferred.
Information concerning any aspect of this order may be obtained by contacting
Pamela Campbell, Enforcement Coordinator at (512) 239-4493, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CLAY PRICE AND TATE PRICE DBA RIDGEWAY
DAIRY, Docket Number 97-0984-AGR-E; No Permit, on April 25, 1998 assessing
$3,240 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Mary Smith, Enforcement Coordinator at (512) 239-4484, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF LEFORS, Docket Number 97-0248-MLM-
E; WQ Permit Number 10411-001; PWS Number 0900001 on April 25, 1998 assessing
$16,130 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Adele Noel, Enforcement Coordinator at (512) 239-1045, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding HOWARD L. HOFFMAN, Docket Number 96-0298-
PST-E; Facility ID Number 28465; Enforcement ID Number 4666 on April 25, 1998
assessing $1,200 in administrative penalties with $600 deferred.
Information concerning any aspect of this order may be obtained by contacting
Walter Ehresman, Staff Attorney at (512) 239-0573 or Srini Kusamanchi,
Enforcement Coordinator at (512) 239-5874, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
TRD-9807325
Eugenia K. Brumm, Ph.D.
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: May 5, 1998
Notice of an Application for an Amended Plan of Reclamation and Notice of an
Application for an Extension of Time
Application Number RE-0303 submitted on December 15, 1997 by SIENNA PLANTATION
LEVEE IMPROVEMENT DISTRICT OF FORT BEND COUNTY (the District) for approval of an
amended Plan of Reclamation, pursuant to Sections 57.154 and 57.156 of the Texas
Water Code and 30 Texas Administrative Code, sec.sec.301.21-301.23. The original
Plan of Reclamation was approved in July, 1980. The District is requesting the
amendment to provide reclamation for 1,890 acres of the 2,455 acres of land
comprising Sienna North. The purpose of the proposed amended plan of reclamation
is to provide Sienna North with flood protection and internal drainage works to
accommodate primarily residential development, with some commercial/retail and
multi-family development. Sienna North lies within the city limits and
extraterritorial jurisdiction of Missouri City, Texas and in the 100-year
floodplain of the Brazos River. No portion of the site is located within the
regulatory floodway boundary as defined on the effective Federal Emergency
Management Agency Flood Insurance Rate Map. The TNRCC has reviewed this proposed
action for consistency with the Texas Coastal Management Program (CMP) goals and
policies in accordance with the regulations of the Coastal Coordination Council,
and has determined that the proposed action is consistent with the applicable
CMP goals and policies. The District will commence construction immediately upon
Commission approval, and will complete construction within three years from said
date. Prior to the beginning of construction on any part of the project, the
District will be required to submit its construction plans and specifications to
the Executive Director for approval.
Application Number RE-0304 was received on March 9, 1998 from ALUMINUM COMPANY
OF AMERICA for approval of an extension of time to commence and complete
construction of improvements, pursuant to 30 Texas Administrative Code, Section
301.39(e) and Section 16.236 of the Texas Water Code. A Commission Order dated
July 21, 1995 approved the construction of improvements with commencement to
begin by January 21, 1996. The applicant states that he was unable to begin
construction of the improvements due to fiscal reasons supportive to the mine
operation. Circumstances that prevailed at the time of the Commission's original
approval have not changed significantly and no alterations need to be made to
the original plans. The applicant has requested an extension be granted for
commencement to begin within six months from the date of Commission approval and
completion to take place within one year from approval. The project is a located
approximately 14 miles southwest from Rockdale, Texas in Milam County. The
project consists of four phases that will modify a total of 18,340 linear feet
of Walleye Creek to a bottom width of 100 feet, an average depth of 5 to 65
feet, and side slopes of 3 to 1. Earth removed for the channel will be placed in
adjacent areas, which will not impede flood flows or the mining of lignite
within the Walleye Creek floodplain. After the lignite has been mined, the
original Walleye Creek channel will be restored. Bottom land and floodplain
vegetation will be re-established following restoration of the topography.
The Executive Director may approve these applications unless a written hearing
request is filed with the Texas Natural Resource Conservation Commission, Office
of the Chief Clerk, Mail Code 105, P. O. Box 13087, Austin, Texas 78711-3087
within 10 days of this Texas Register posting.
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-9807324
Eugenia K. Brumm, Ph.D.
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: May 5, 1998
Notices of Applications for Waste Disposal/Discharge Permits Issued During the
Period of April 25, 1998 through May 1, 1998.
The Executive Director will issue these permits unless one or more persons file
written protests and/or a request for a hearing within 30 days after newspaper
publication of the notice.
To request a hearing, you must submit the following: (1) your name (or for a
group or association, an official representative), mailing address, daytime
phone number, and fax number, if any; (2) the name of the applicant and the
permit number; (3) the statement "I/we request a public hearing;" (4) a brief
description of how you would be adversely affected by the granting of the
application in a way not common to the general public; (5) the location of your
property relative to the applicant's operations; and (6) your proposed
adjustments to the application/permit which would satisfy your concerns and
cause you to withdraw your request for hearing.
Information concerning any aspect of these applications may be obtained by
contacting the Texas Natural Resource Conservation Commission, Chief Clerk's
Office-MC105, P.O. Box 13087, Austin, Texas 78711-3087. Individual members of
the public who wish to inquire about the information contained in this notice,
or to inquire about other agency permit applications or permitting processes,
should call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040.
Listed are the name of the applicant and the city in which the facility is
located, type of facility, location of the facility, type of application-new
permit, amendment, or renewal and permit number.
EXCEL CORPORATION, P.O. Box 457, Friona, Texas 79035, a slaughter house, beef
packing plant and rendering facility is located immediately south of U.S.
Highway 60 and the Santa Fe Railroad, approximately 3.3 miles southwest of the
City of Friona, Parmer County, Texas, major amendment to Permit Number 01350.
CITY OF FORT WORTH, P.O. Box 870, Fort Worth, Texas 76101, the Village Creek
Wastewater Treatment plant is southeast of the confluence of the West Fork
Trinity River with Village Creek in Fort Worth, Tarrant County, Texas, a minor
amendment to Permit Number 10494-013.
GARY GOLDSTEIN, 7701 Bee Caves Road, Austin, Texas 78746, the Barton Creek Art
Center Wastewater Treatment Facilities and disposal site are located at 7701 Bee
Caves Road, approximately 7,000 feet northwest of the intersection of Farm-to-
Market 2244 and Capitol of Texas Highway (Loop 360) in Travis County, Texas,
Proposed Permit Number 13925-001.
HALLIBURTON ENERGY SERVICES, 2001 S. Hwy. 1-35, Alvarado, Texas 76009-9775, the
explosive and chemical devices manufacturing facility site is located on County
Road 401, approximately 1.5 miles south of the intersection of County Road 401
and State Highway 392 and 2.5 miles south of the City of Alvarado, Johnson
County, Texas, Proposed Permit Number 03967.
KONECRANES LANDEL, INC., 7300 Chippewa, Houston, Texas 77086, the wastewater
treatment plant site is located on the west side of North Houston Rosslyn Road,
approximately 2500 feet north of the intersection of Breen Road and North
Houston Rosslyn Road in Harris County, Texas, Proposed Permit Number 13912-001.
CITY OF WEST, P.O. Box 97, West, Texas 76691, the wastewater treatment
facilities are located approximately 2,000 feet northeast of the intersection of
Farm-to-Market Road 2311 and Farm-to-Market Road 2114 in the City of West in
McLennan County, Texas, renewal of Permit Number 10544-001.
TRD-9807348
Eugenia K. Brumm, Ph.D.
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: May 6, 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 June 13, 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 are 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 June 13,
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: Anita Mayer; DOCKET NUMBER: 96-0631-PST-E; ACCOUNT NUMBER: 573;
LOCATION: Wallis, Austin County, Texas; TYPE OF FACILITY: underground storage
tanks; RULES VIOLATED: 30 TAC sec.334.7(d)(1)(B) by failing to amend the
registration form for the underground storage tanks at the site to show four
underground storage tanks temporarily out-of-service instead of abandoned-in-
place and 30 TAC sec.334.54(d)(1)(B) by failing to properly upgrade or
permanently remove from service four underground storage tanks which have been
temporarily out-of-service for longer than 12 months; PENALTY: $3,200; STAFF
ATTORNEY: Cecily Small Gooch, Litigation Support Division, MC 175, (512) 239-
2940; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas, 77023-1486,
(713) 767-3500.
(2)COMPANY: Evelyn Jordan doing business as Jordan Aire Water System; DOCKET
NUMBER: 97-0387-PWS-E; ACCOUNT NUMBER: 1010660; LOCATION: Houston, Harris
County, Texas; TYPE OF FACILITY: public drinking water system; RULES VIOLATED:
30 TAC sec.290.120(g)(2) by failing to deliver public education documents to the
public within 60 days of notification by the TNRCC that the water system
exceeded the lead action level; 30 TAC sec.290.120(f)(1)(B) by failing to submit
quarterly reports for the water quality parameters for the following sampling
periods: January 1996 through March 1996; April 1996 through June 1996; July
1996 through September 1996; October 1996 through December 1996; January 1997
through March 1997; April 1997 through June 1997; and July 1997 through
September 1997; PENALTY: $1,120; STAFF ATTORNEY: Mary R. Risner, Litigation
Support Division, MC 175, (512) 239-6224; REGIONAL OFFICE: 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486.
(3)COMPANY: Janet Slegers dba Aspen Dairy; DOCKET NUMBER: 96-1623-AGR-E; ACCOUNT
NUMBER: 03301; LOCATION: Dublin, Erath County, Texas; TYPE OF FACILITY: dairy
facility; RULES VIOLATED: 30 TAC sec.321.35 by failing to provide adequate waste
control facilities; Special Provision 4.2 of TNRCC Permit Number 03301 by
failing to isolate by dikes, terraces, and/or terrain any areas on which waste
is stockpiled, so as to prevent the discharge of any contaminated runoff into
the waters; Special Provision 4.4 of TNRCC Permit Number 03301 by failing to
obtain a permit amendment prior to changing waste management practices from
those described in the permit application; Special Provision 1.4.2 of TNRCC
Permit Number 03301 by failing to submit certification by a Texas Registered
Professional Engineer to the TNRCC that the Facility had been constructed as
described in the permit and permit application; Special Provision 2.4 of TNRCC
Permit Number 03301 by failing to annually analyze waste an irrigation
wastewater for total Kjedahl nitrogen, total phosphorus, and total potassium;
Special Provision 2.6 of TNRCC Permit Number 03301 by failing to maintain
records of all waste and wastewater disposal, update records each time waste and
wastewater is removed from the feedyard, and make records available for
inspection for three years; 30 TAC sec.321.37(a) and Special Provision 2.5.3 of
TNRCC Permit Number 03301, by failing to distribute waste so that neither manure
nor rainfall runoff will adversely affect the quality of any receiving waters;
PENALTY: $12,440; STAFF ATTORNEY: Robin Houston, Litigation Support Division, MC
175, (512) 239-0682; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas
76010-6499, (817) 469-6750.
(4)COMPANY: Jowell Bailey dba Bailey's Lake Store; DOCKET NUMBER: 96-1461-PWS-E;
ACCOUNT NUMBER: 2150022; LOCATION: Stephens County, Texas; TYPE OF FACILITY:
public drinking water system; RULE VIOLATED: 30 TAC sec.290.106 and Texas Health
and Safety Code, sec.341.033(d) by failing to submit to the commission water
samples from the facility for bacteriological analysis for July 1995, August
1995, October 1995, and November 1995; PENALTY: $450; STAFF ATTORNEY: William
Foster, Litigation Support Division, MC 175, (512) 239-3407; REGIONAL OFFICE:
209 South Danville, Suite B200, Abilene, Texas 79605-1451, (915) 698-9674.
(5)COMPANY: Roy Cryer dba Big Bass RV Park; DOCKET NUMBER: 97-0386-PWS-E;
ACCOUNT NUMBER: 2500055; LOCATION: Wood County,Texas; TYPE OF FACILITY: public
water system; RULES VIOLATED: 30 TAC sec.290.46(a) by failing to submit plans
and specifications for the public water system to the executive director for
review and approval, in accordance with 30 TAC sec.290.39; PENALTY: $1,200;
STAFF ATTORNEY: John Peeler, Litigation Support Division, MC 175, (512) 239-
3506; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-
5100.
(6)COMPANY: Shell Pipe Line Corporation; DOCKET NUMBER: 97-0821-AIR-E; ACCOUNT
NUMBER: EE-0077-I; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY:
gasoline terminal; RULES VIOLATED: 30 TAC sec.115.252(1) and Texas Health and
Safety Code, sec.382.085(b) by placing, storing, and/or holding in a stationary
tank, reservoir, or other container gasoline which may ultimately be used in a
motor vehicle in the El Paso area with a Reid Vapor Pressure greater than 7.0
pounds per square inch absolute on May 15 and 20, 1997; PENALTY: $6,000; STAFF
ATTORNEY: Glenn Hall, Litigation Support Division, MC 175, (512) 239-5915;
REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633,
(915) 778-9634.
TRD-9807345
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Filed: May 6, 1998
Notice of Public Hearing
NOTICE OF PUBLIC HEARING BY THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
CONCERNING REVISIONS TO 30 TAC CHAPTERS 37, 327, 331, 332, 333, 334, 335 AND NEW
CHAPTER 350
Notice is hereby given that pursuant to the requirements of the Texas Health and
Safety Code Annotated, sec.382.017 (Vernon's 1992) and Texas Government Code
Annotated, Subchapter B, Chapter 2001 (Vernon's 1993), the Texas Natural
Resource Conservation Commission (commission) will conduct a public hearing to
receive testimony regarding the Used/Scrap Tire rules.
The proposed rule, commonly referred to as the Texas Risk Reduction Program
(TRRP) rule, will establish a uniform set of risk-based performance-oriented
technical standards to guide response actions at affected properties regulated
via the agency's Office of Waste Management program areas and other applicable
program areas. The rule will be promulgated as a new chapter (i.e., 30 Texas
Administrative Code (TAC) Chapter 350). Currently, several different rules
govern corrective actions, closures, and post-closure care within the agency's
waste management programs. The State Superfund program, the Industrial and
Hazardous Waste program, and the Voluntary Cleanup Program (VCP) use the
existing Risk Reduction Rules in 30 TAC Chapter 335, Subchapters A and S for
risk-based corrective action. Any person who stores, processes or disposes of
hazardous waste is also subject to the closure and post-closure care
requirements in 30 TAC Chapter 335, Subchapters E and F. The Petroleum Storage
Tank (PST) program uses 30 TAC Chapter 334, Subchapters D and G for risk-based
corrective action. Corrective action and closure requirements for operating
municipal solid waste landfills subject to federal Resource Conservation and
Recovery Act (RCRA) Subtitle D requirements are found in 30 TAC Chapter 330.
There are no specific corrective action requirements for other municipal
landfills. Corrective action requirements for the Underground Injection Control
(UIC) program are found in 30 TAC Chapter 331, Subchapter C. Spill response
actions regulated under 30 TAC Chapter 327 that will take longer than six months
to complete follow the Risk Reduction Rules or the PST rules, whichever is
appropriate for a particular release. 30 TAC Chapter 332 relating to Composting.
Currently, there are no rules for corrective action at compost facilities. 30
TAC Chapter 333, relating to the Voluntary Cleanup Program. 30 TAC Chapter 37
Subchapter N, relating to Financial Assurance Requirements for the Texas Risk
Reduction Program Rules.
Written comments may be mailed to Bettie Bell, Texas Natural Resource
Conservation Commission, 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 Rules Tracking Log Number 96106-350-WS. Comments must
be received by 5:00 p.m. on July 22, 1998. For further information, please
contact Chet Clarke, Petroleum Storage Tank Division, (512) 239-2106; Greg
Tipple, Pollution Cleanup Division, (512) 239-2465; Scott Crouch, Voluntary
Cleanup Program, (512) 239-2486; or Clark Talkington, Waste Policy and
Regulations Division, (512) 239-6731.
The commission will hold two public hearings. A public hearing on the proposal
will be held on July 6, 1998 at 10:00 a.m. in Building E, Room 201S, of Texas
Natural Resource Conservation Commission complex, located at 12100 North IH-35,
Park 35 Technology Center, Austin. The second public hearing will be held on
July 9, 1998 at 1:00 p.m., located at the City of Houston Pollution Control
Building Auditorium, 7411 Park Place Boulevard, Houston, Texas. The hearings are
structured for the receipt of oral or written comments by interested persons.
Individuals may present oral statements when called upon or 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.
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-9807364
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Filed: May 6, 1998
Provisionally-Issued Temporary Permits to Appropriate State Water Permits issued
during the period of May 5, 1998
Application Number TA-7941 by Lone Star Pipeline Co. for diversion of 1 acre-
foot in a 6 month period for industrial (hydrostatic testing) use. Water may be
diverted from an unnamed tributary of Aquilla Creek, Brazos River Basin,
approximately 10 miles southwest of Hillsboro, Hill County, Texas near the
crossing of State Hwy 22 and the unnamed tributary of Aquilla Creek.
Application Number TA-7942 by T.L. James & Company, Inc. for diversion of 10
acre-feet in a 1 year period for industrial (roadway construction) use. Water
may be diverted from Black Bayou, Cypress River Basin, approximately 12 miles
southeast of Linden, Cass County, Texas, at the crossing of U.S. Hwy 59 and
Black Bayou. Black Bayou crosses the Texas-Louisiana state boundary.
Application Number TA-7943 by Altura Energy LTD. for diversion of 10 acre-feet
in a 1-year period for mining (oil and gas well drilling) use. Water may be
diverted from the Pecos River, Rio Grande Basin, approximately 24 miles
northeast of Sanderson, Terrell County, Texas near FARM-TO-MARKET ROAD 3166 and
the Pecos River, also being approximately 21 miles southwest of Ozona, Crockett
County, Texas.
Application Number TA-7946 by Big Creek Construction, LTD for diversion of 10
acre-feet in a 1-year period for industrial (roadway construction) use. Water
may be diverted from an unnamed tributary of North Salado Creek and North Salado
Creek, Brazos River Basin, approximately 16 miles northwest of Georgetown,
Williamson County, Texas at the crossing of FARM-TO-MARKET ROAD 2843 and the
unnamed tributary of North Salado Creek; and at the crossing of FARM-TO-MARKET
ROAD 2843 and North Salado Creek.
The Executive Director of the TNRCC has reviewed each application for the
permits listed and determined that sufficient water is available at the proposed
point of diversion to satisfy the requirements of the application as well as all
existing water rights. Any person or persons who own water rights or who are
lawful users of water on a stream affected by the temporary permits listed above
and who believe that the diversion of water under the temporary permit will
impair their rights may file a complaint with the TNRCC. The complaint can be
filed at any point after the application has been filed with the TNRCC and the
time the permit expires. The Executive Director shall make an immediate
investigation to determine whether there is a reasonable basis for such a
complaint. If a preliminary investigation determines that diversion under the
temporary permit will cause injury to the complainant the commission shall
notify the holder that the permit shall be canceled without notice and hearing.
No further diversions may be made pending a full hearing as provided in Section
295.174. Complaints should be addressed to Water Rights Permitting Section,
Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas
78711, Telephone (512) 239-4433. Information concerning these applications may
be obtained by contacting the Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711, Telephone (512) 239-3300.
TRD-9807323
Eugenia K. Brumm, Ph.D.
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: May 5, 1998
Public Utility Commission of Texas
Notices of Application for Amendment to Service Provider Certificate of
Operating Authority
On April 28, 1998, GST Texas Lightwave, Inc., filed an application with the
Public Utility Commission of Texas (PUC) to amend its service provider
certificate of operating authority (SPCOA), Certificate Number 60036. Applicant
intends to change its name to GST Telecom, Texas, Inc., and to expand its
geographic area to include the entire state of Texas.
The Application: Application of GST Texas Lightwave, Inc., for an Amendment to
its Service Provider Certificate of Operating Authority, Docket Number 19253.
Persons with questions about this docket, or who wish to intervene or otherwise
participate in these proceedings should make appropriate filings or comments to
the commission at the Public Utility Commission of Texas, at P.O. Box 13326,
Austin, Texas 78711-3326 no later than May 20, 1998. You may contact the PUC
Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired
individuals with text telephone (TTY) may contact the commission at (512) 936-
7136. All correspondence should refer to Docket Number 19253.
TRD-9806170
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 4, 1998
On April 29, 1998, American Communication Services of Fort Worth, Inc., filed an
application with the Public Utility Commission of Texas (PUC) to amend its
service provider certificate of operating authority (SPCOA) granted in SPCOA
Certificate Number 60034. Applicant intends to change its name from American
Communication Services of Fort Worth, Inc., to e*spire.
The Application: Application of American Communication Services of Fort Worth,
Inc., for an Amendment to its Service Provider Certificate of Operating
Authority, Docket Number 19258.
Persons with questions about this docket, or who wish to intervene or otherwise
participate in these proceedings should make appropriate filings or comments to
the commission at the Public Utility Commission of Texas, at P.O. Box 13326,
Austin, Texas 78711-3326 no later than May 20, 1998. You may contact the PUC
Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired
individuals with text telephone (TTY) may contact the commission at (512) 936-
7136. All correspondence should refer to Docket Number 19258.
TRD-9806202
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 4, 1998
On April 29, 1998, ACSI Advanced Technologies, Inc., filed an application with
the Public Utility Commission of Texas (PUC) to amend its service provider
certificate of operating authority (SPCOA) granted in SPCOA Certificate Number
60030. Applicant intends to change its name from ACSI Advanced Technologies,
Inc., to e*spire.
The Application: Application of ACSI Advanced Technologies, Inc., for an
Amendment to its Service Provider Certificate of Operating Authority, Docket
Number 19259.
Persons with questions about this docket, or who wish to intervene or otherwise
participate in these proceedings should make appropriate filings or comments to
the commission at the Public Utility Commission of Texas, at P.O. Box 13326,
Austin, Texas 78711-3326 no later than May 20, 1998. You may contact the PUC
Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired
individuals with text telephone (TTY) may contact the commission at (512) 936-
7136. All correspondence should refer to Docket Number 19259.
TRD-9806203
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 4, 1998
On April 29, 1998, American Communication Services of Amarillo, Inc., filed an
application with the Public Utility Commission of Texas (PUC) to amend its
service provider certificate of operating authority (SPCOA) granted in SPCOA
Certificate Number 60029. Applicant intends to change its name from American
Communication Services of Amarillo, Inc., to e*spire.
The Application: Application of American Communication Services of Amarillo,
Inc., for an Amendment to its Service Provider Certificate of Operating
Authority, Docket Number 19260.
Persons with questions about this docket, or who wish to intervene or otherwise
participate in these proceedings should make appropriate filings or comments to
the commission at the Public Utility Commission of Texas, at P.O. Box 13326,
Austin, Texas 78711-3326 no later than May 20, 1998. You may contact the PUC
Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired
individuals with text telephone (TTY) may contact the commission at (512) 936-
7136. All correspondence should refer to Docket Number 19260.
TRD-9806204
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 4, 1998
On April 29, 1998, ACSI Local Switched Services, Inc., filed an application with
the Public Utility Commission of Texas (PUC) to amend its service provider
certificate of operating authority (SPCOA) granted in SPCOA Certificate Number
60105. Applicant intends to change its name from ACSI Local Switched Services,
Inc. to e*spire.
The Application: Application of ACSI Local Switched Services, Inc., for an
Amendment to its Service Provider Certificate of Operating Authority, Docket
Number 19261.
Persons with questions about this docket, or who wish to intervene or otherwise
participate in these proceedings should make appropriate filings or comments to
the commission at the Public Utility Commission of Texas, at P.O. Box 13326,
Austin, Texas 78711-3326 no later than May 20, 1998. You may contact the PUC
Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired
individuals with text telephone (TTY) may contact the commission at (512) 936-
7136. All correspondence should refer to Docket Number 19261.
TRD-9806205
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 4, 1998
On April 29, 1998, American Communication Services of El Paso, Inc., filed an
application with the Public Utility Commission of Texas (PUC) to amend its
service provider certificate of operating authority (SPCOA) granted in SPCOA
Certificate Number 60035. Applicant intends to change its name from American
Communication Services of El Paso, Inc., to e*spire.
The Application: Application of American Communication Services of El Paso,
Inc., for an Amendment to its Service Provider Certificate of Operating
Authority, Docket Number 19262.
Persons with questions about this docket, or who wish to intervene or otherwise
participate in these proceedings should make appropriate filings or comments to
the commission at the Public Utility Commission of Texas, at P.O. Box 13326,
Austin, Texas 78711-3326 no later than May 20, 1998. You may contact the PUC
Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired
individuals with text telephone (TTY) may contact the commission at (512) 936-
7136. All correspondence should refer to Docket Number 19262.
TRD-9806206
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 4, 1998
On April 29, 1998, American Communication Services of Irving, Inc., filed an
application with the Public Utility Commission of Texas (PUC) to amend its
service provider certificate of operating authority (SPCOA) granted in SPCOA
Certificate Number 60028. Applicant intends to change its name from American
Communication Services of Irving, Inc., to e*spire.
The Application: Application of American Communication Services of Irving, Inc.,
for an Amendment to its Service Provider Certificate of Operating Authority,
Docket Number 19263.
Persons with questions about this docket, or who wish to intervene or otherwise
participate in these proceedings should make appropriate filings or comments to
the commission at the Public Utility Commission of Texas, at P.O. Box 13326,
Austin, Texas 78711-3326 no later than May 20, 1998. You may contact the PUC
Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired
individuals with text telephone (TTY) may contact the commission at (512) 936-
7136. All correspondence should refer to Docket Number 19263.
TRD-9806207
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 4, 1998
On May 1, 1998, IWL Communications, Inc., doing business as IWL Connect, filed
an application with the Public Utility Commission of Texas (PUC) to amend its
service provider certificate of operating authority (SPCOA) granted in SPCOA
Certificate Number 60078. Applicant requests approval of a series of
transactions by which it will become a wholly-owned subsidiary of a newly
created holding company, IWL Holdings Corp.
The Application: Application of IWL Communications, Inc., doing business as IWL
Connect, for an Amendment to its Service Provider Certificate of Operating
Authority, Docket Number 19269.
Persons with questions about this docket, or who wish to intervene or otherwise
participate in these proceedings should make appropriate filings or comments to
the commission at the Public Utility Commission of Texas, at P.O. Box 13326,
Austin, Texas 78711-3326 no later than May 20, 1998. You may contact the PUC
Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired
individuals with text telephone (TTY) may contact the commission at (512) 936-
7136. All correspondence should refer to Docket Number 19269.
TRD-9807314
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 5, 1998
Notices of Application for Service Provider certificate of Operating Authority
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on April 29, 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 Southside Communications, L.L.C. for a
Service Provider Certificate of Operating Authority, Docket Number 19256 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, long distance service, Internet service, cable
television, alarm monitoring, and switched access via the use of its own
facilities.
Applicant's requested SPCOA geographic area includes the geographic area of
Southwestern Bell Telephone Company's Dallas exchange.
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 May 20, 1998. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-9806201
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 4, 1998
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on April 30, 1998, for a service provider certificate
of operating authority (SPCOA), restricted to resale services, 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 Intellicall Operator Services, Inc., for
a Service Provider Certificate of Operating Authority, Docket Number 19169
before the Public Utility Commission of Texas.
Applicant intends to provide local exchange telecommunications services.
Applicant's requested SPCOA geographic area includes the geographic areas of
Texas served by GTE Southwest, Inc., and Southwestern Bell Telephone Company.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or
call the commission's Office of Customer Protection at (512) 936-7120 no later
than May 20, 1998. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-9806200
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 4, 1998
Notice of Application for Sale, Transfer, or Merger
Notice is given to the public of the filing with the Public Utility Commission
of Texas an application for sale, transfer, or merger on April 10, 1998,
pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated,
sec.14.101 (Vernon 1998) (PURA).
Docket Style and Number: Application for Sale, Transfer, or Merger of North
Texas Communications Company, Inc. Docket Control Number 19161.
The Application: North Texas Communications Company, Inc., seeks approval of its
purchase of 50% of its outstanding stock, in accordance with Public Utility
Regulatory Act, sec.14.101. North Texas Communications Company, Inc., owns 100%
of Muenster Telephone Corporation of Texas. North Texas Communications Company,
Inc., asserts that approval of this application will not result in a rate
increase to the customers of Muenster Telephone Corporation of Texas.
Persons who wish to intervene in the proceeding or comment upon the action
sought should contact, not later than June 23, 1998, the Public Utility
Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the
Commission's Office of Consumer Protection at (512) 936-7120. Hearing- and
speech-impaired individuals with text telephones (TTY) may contact the
Commission at (512) 936-7136.
TRD-9807361
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 6, 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 April 24, 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 Ganado Telephone Company, Inc. to Amend
Certificate of Convenience and Necessity within Matagorda County, Docket Number
19224 before the Public Utility Commission of Texas.
The Application: In Docket Number 19224, Ganado Telephone Company, Inc. requests
approval to amend the boundary between Ganado Telephone Company, Inc.'s Markham
exchange and GTE Southwest, Inc.'s Blessing exchange. The proposed revision will
transfer the Eldorado Country subdivision from GTE Southwest, Inc.'s Blessing
exchange to Ganado Telephone Company, Inc.'s Markham exchange. The monthly
service rates, the calling scope, or the telephone numbers of any of the
affected subscribers will not change as a result of this revision.
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 June 1, 1998. Hearing and speech-impaired
individuals with text telephone (TTY) may contact the commission at (512) 936-
7136.
TRD-9807258
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 4, 1998
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on April 27, 1998, to amend a certificate of
convenience and necessity pursuant to sec.sec.14.001, 32.001, 36.001, 37.051,
and 37.054, 37.056, 37.057, 37.058 of the Public Utility Regulatory Act, Texas
Utilities Code Annotated (Vernon 1998) (PURA). A summary of the application
follows.
Docket Title and Number: Application of Texas-New Mexico Power Company (TNMP) to
Amend Certificated Service Area Boundaries within Erath County, Docket Number
19233 before the Public Utility Commission of Texas.
The Application: In Docket Number 19233, TNMP requests a service area boundary
change with Erath County Electric Cooperative, Inc. in order to provide electric
service to Santo Water Supply Corporation's new water storage facilities in
Erath County. Currently there is no service available in the area of the new
facility.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or
call the commission's Office of Customer Protection at (512) 936-7120 within 15
days of this notice. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-9807259
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 4, 1998
Public Notices of Interconnection Agreement
On April 24, 1998, United Telephone Company of Texas, Inc. doing business as
Sprint, Central Telephone Company of Texas doing business as Sprint
(collectively, Sprint) and Primeco Personal Communications, L.P., collectively
referred to as applicants, filed a joint application for approval of an
interconnection agreement under the federal Telecommunications Act of 1996,
Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered
sections of 15 and 47 United States Code) (FTA) and the Public Utility
Regulatory Act, Texas Utilities Code Annotated sec.sec.11.001-63.063 (Vernon
1998) (PURA).
The joint application has been designated Docket Number 19225. The joint
application and the underlying interconnection agreement are available for
public inspection at the commission's offices in Austin, Texas.
The FTA authorizes the commission to review and approve any interconnection
agreement adopted by negotiation of the parties. Pursuant to FTA sec.252(e)(2)
the commission may reject any agreement if it finds that the agreement
discriminates against a telecommunications carrier not a party to the agreement,
or that implementation of the agreement, or any portion thereof, is not
consistent with the public interest, convenience, and necessity. Additionally,
under FTA sec.252(e)(3), the commission may establish or enforce other
requirements of state law in its review of the agreement, including requiring
compliance with intrastate telecommunications service quality standards or
requirements. The commission must act to approve the agreement within 90 days
after it is submitted by the parties. The parties have requested expedited
review of this application.
The commission finds that additional public comment should be allowed before the
commission issues a final decision approving or rejecting the interconnection
agreement. Any interested person may file written comments on the joint
application by filing 13 copies of the comments with the commission's filing
clerk. Additionally, a copy of the comments should be served on each of the
applicants. The comments should specifically refer to Docket Number 19225. As a
part of the comments, an interested person may request that a public hearing be
conducted. Thecomments, including any request for public hearing, shall be filed
by June 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 determine whether to conduct
further proceedings concerning the joint application. The commission shall have
the authority given to a presiding officer pursuant to P.U.C. Procedural Rule
sec.22.202. The commission may identify issues raised by the joint application
and comments and establish a schedule for addressing those issues, including the
submission of evidence by the applicants, if necessary, and briefing and oral
argument. The commission may conduct a public hearing. Interested persons who
file comments are not entitled to participate as intervenors in the public
hearing.
Persons with questions about this docket or who wish to comment on the
application should contact the Public Utility Commission of Texas, 1701 North
Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the
Public Utility Commission Office of Customer Protection at (512) 936-7120.
Hearing and speech-impaired individuals with text telephones (TTY) may contact
the commission at (512) 936-7136. All correspondence should refer to Docket
Number 19225.
TRD-9807315
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 5, 1998
On April 24, 1998, Southwestern Bell Telephone Company and U.S. Telephone
Holding, Inc., collectively referred to as applicants, filed a joint application
for approval of an 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 19230. 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 sec.22.342, the commission must act to
approve 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 19230.
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 May 27, 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 19230.
TRD-9807316
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 5, 1998
On April 28, 1998, American Telco, Inc. and GTE Southwest, Inc., collectively
referred to as applicants, filed a joint application for approval of an
interconnection agreement under the federal Telecommunications Act of 1996,
Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered
sections of 15 and 47 United States Code) (FTA) and the Public Utility
Regulatory Act, Texas Utilities Code Annotated sec.sec.11.001-63.063 (Vernon
1998) (PURA). The joint application has been designated Docket Number 19251. The
joint application and the underlying interconnection agreement are available for
public inspection at the commission's offices in Austin, Texas.
The FTA authorizes the commission to review and approve any interconnection
agreement adopted by negotiation of the parties. Pursuant to FTA sec.252(e)(2)
the commission may reject any agreement if it finds that the agreement
discriminates against a telecommunications carrier not a party to the agreement,
or that implementation of the agreement, or any portion thereof, is not
consistent with the public interest, convenience, and necessity. Additionally,
under FTA sec.252(e)(3), the commission may establish or enforce other
requirements of state law in its review of the agreement, including requiring
compliance with intrastate telecommunications service quality standards or
requirements. The commission must act to approve the agreement within 90 days
after itis submitted by the parties. The parties have requested expedited review
of this application.
The commission finds that additional public comment should be allowed before the
commission issues a final decision approving or rejecting the interconnection
agreement. Any interested person may file written comments on the joint
application by filing 13 copies of the comments with the commission's filing
clerk. Additionally, a copy of the comments should be served on each of the
applicants. The comments should specifically refer to Docket Number 19251. 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 June 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 determine whether to conduct
further proceedings concerning the joint application. The commission shall have
the authority given to a presiding officer pursuant to P.U.C. Procedural Rule
sec.22.202. The commission may identify issues raised by the joint application
and comments and establish a schedule for addressing those issues, including the
submission of evidence by the applicants, if necessary, and briefing and oral
argument. The commission may conduct a public hearing. Interested persons who
file comments are not entitled to participate as intervenors in the public
hearing.
Persons with questions about this docket or who wish to comment on the
application should contact the Public Utility Commission of Texas, 1701 North
Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the
Public Utility Commission Office of Customer Protection at (512) 936-7120.
Hearing and speech-impaired individuals with text telephones (TTY) may contact
the commission at (512) 936-7136. All correspondence should refer to Docket
Number 19251.
TRD-9807317
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 5, 1998
On April 28, 1998, Digital Teleport, Inc. and GTE Southwest, Inc., collectively
referred to as applicants, filed a joint application for approval of an
interconnection agreement under the federal Telecommunications Act of 1996,
Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered
sections of 15 and 47 United States Code) (FTA) and the Public Utility
Regulatory Act, Texas Utilities Code Annotated sec.sec.11.001-63.063 (Vernon
1998) (PURA). The joint application has been designated Docket Number 19252. The
joint application and the underlying interconnection agreement are available for
public inspection at the commission's offices in Austin, Texas.
The FTA authorizes the commission to review and approve any interconnection
agreement adopted by negotiation of the parties. Pursuant to FTA sec.252(e)(2)
the commission may reject any agreement if it finds that the agreement
discriminates against a telecommunications carrier not a party to the agreement,
or that implementation of the agreement, or any portion thereof, is not
consistent with the public interest, convenience, and necessity. Additionally,
under FTA sec.252(e)(3), the commission may establish or enforce other
requirements of state law in its review of the agreement, including requiring
compliance with intrastate telecommunications service quality standards or
requirements. The commission must act to approve the agreement within 90 days
after it is submitted by the parties. The parties have requested expedited
review of this application.
The commission finds that additional public comment should be allowed before the
commission issues a final decision approving or rejecting the interconnection
agreement. Any interested person may file written comments on the joint
application by filing 13 copies of the comments with the commission's filing
clerk. Additionally, a copy of the comments should be served on each of the
applicants. The comments should specifically refer to Docket Number 19252. 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 June 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 determine whether to conduct
further proceedings concerning the joint application. The commission shall have
the authority given to a presiding officer pursuant to P.U.C. Procedural Rule
sec.22.202. The commission may identify issues raised by the joint application
and comments and establish a schedule for addressing those issues, including the
submission of evidence by the applicants, if necessary, and briefing and oral
argument. The commission may conduct a public hearing. Interested persons who
file comments are not entitled to participate as intervenors in the public
hearing.
Persons with questions about this docket or who wish to comment on the
application should contact the Public Utility Commission of Texas, 1701 North
Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the
Public Utility Commission Office of Customer Protection at (512) 936-7120.
Hearing and speech-impaired individuals with text telephones (TTY) may contact
the commission at (512) 936-7136. All correspondence should refer to Docket
Number 19252.
TRD-9807318
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 5, 1998
On April 29, 1998, APT Houston, Inc. doing business as Aerial Communications and
GTE Southwest, Inc., collectively referred to as applicants, filed a joint
application for approval of an 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 19257. The joint application and the underlying
interconnection agreement are available for public inspection at the
commission's offices in Austin, Texas.
The commission must act to approve 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 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 19257. 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 May 28, 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 19257.
TRD-9807320
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 5, 1998
On April 30, 1998, US Dial Tone, Inc. and GTE Southwest, Inc., collectively
referred to as applicants, filed a joint application for approval of an
interconnection agreement under the federal Telecommunications Act of 1996,
Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered
sections of 15 and 47 United States Code) (FTA) and the Public Utility
Regulatory Act, Texas Utilities Code Annotated sec.sec.11.001-63.063 (Vernon
1998) (PURA). The joint application has been designated Docket Number 19268. The
joint application and the underlying interconnection agreement are available for
public inspection at the commission's offices in Austin, Texas.
The FTA authorizes the commission to review and approve any interconnection
agreement adopted by negotiation of the parties. Pursuant to FTA sec.252(e)(2)
the commission may reject any agreement if it finds that the agreement
discriminates against a telecommunications carrier not a party to the agreement,
or that implementation of the agreement, or any portion thereof, is not
consistent with the public interest, convenience, and necessity. Additionally,
under FTA sec.252(e)(3), the commission may establish or enforce other
requirements of state law in its review of the agreement, including requiring
compliance with intrastate telecommunications service quality standards or
requirements. The commission must act to approve the agreement within 90 days
after it is submitted by the parties. The parties have requested expedited
review of this application.
The commission finds that additional public comment should be allowed before the
commission issues a final decision approving or rejecting the interconnection
agreement. Any interested person may file written comments on the joint
application by filing 13 copies of the comments with the commission's filing
clerk. Additionally, a copy of the comments should be served on each of the
applicants. The comments should specifically refer to Docket Number 19268. 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 June 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 determine whether to conduct
further proceedings concerning the joint application. The commission shall have
the authority given to a presiding officer pursuant to P.U.C. Procedural Rule
sec.22.202. The commission may identify issues raised by the joint application
and comments and establish a schedule for addressing those issues, including the
submission of evidence by the applicants, if necessary, and briefing and oral
argument. The commission may conduct a public hearing. Interested persons who
file comments are not entitled to participate as intervenors in the public
hearing.
Persons with questions about this docket or who wish to comment on the
application should contact the Public Utility Commission of Texas, 1701 North
Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may callthe
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 19268.
TRD-9807319
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 5, 1998
Telecommunications Infrastructure Fund Board
Telecommunications Infrastructure Fund Board Library Internet TIFTech Training
Request for Proposals-Extended Proposal Deadline Date
On April 15, 1998 the Telecommunications Infrastructure Fund Board (TIFB) posted
requests for proposals for statewide TIFTech training to be provided to
approximately 500 library staff from the 158 public libraries that were awarded
TIFB grants.
The proposal deadline date was posted as May 13, 1998. This deadline date has
been extended to June 1, 1998.
Copies of the Request for Proposals may be obtained by sending a letter to TIFB
at 1000 Red River, Suite E208, Austin, Texas 78701-2698, by accessing the TIF
homepage at http://www.tifb.state.tx.us or by calling TIF at (512) 344-4300 or
1-888-533-8432.
TRD-9807305
Rhonda Hill
Financial Officer
Telecommunications Infrastructure Fund Board
Filed: May 5, 1998
Texas Health and Human Services Commission
Cancellation of Public Hearing
The Texas Health and Human Services Commission and the Texas Department of Human
Services announce the cancellation of the joint public hearing originally
scheduled for May 22, 1998 concerning proposed payment rates for the requisition
and reassessment fees for the Community Based Alternatives (CBA) and the
Community Living Assistance and Support Services (CLASS) Waiver programs. The
public hearing will be rescheduled at a future date to be announced in the Texas
Register. If there are any questions concerning this cancellation, contact Ms.
Barbara Tejero, Texas Health and Human Services Commission, P. O. Box 13247,
Austin, Texas 78711, (512) 424-6576.
TRD-9807374
Marina S. Henderson
Executive Deputy Commissioner
Texas Health and Human Services Commission
Filed: May 6, 1998
Notice of Public Hearing -- Guardianship Advisory Board
The Guardianship Advisory Board which was appointed to advise the Health and
Human Services Commission on the development of a guardianship plan for the
State of Texas will conduct a public hearing to receive public comment for use
in the development of the guardianship plan. The Health and Human Services
Commission will report on the plan pursuant to Acts 1997, 75th Leg., Ch. 1033,
Section 3, (Senate Bill no. 586). The Board will accept public comment on the
following topics:
1. The development and implementation of a plan to ensure that each
incapacitated individual in Texas who needs a guardianship or another less
restrictive type of assistance to make decisions concerning the individual's own
welfare and financial affairs receives that assistance;
2. Fostering the establishment and growth of local volunteer guardianship
programs, including the possibility of awarding grants to local volunteer
guardianship programs; and
3. The adoption of minimum standards for the provision of guardianship services
by guardianship programs, volunteer guardians and private professional
guardians.
The hearing will be held on Friday, May 22, 1998, beginning at 3:30 p.m. at the
Camino Real Hotel, 101 South El Paso Street, El Paso, Texas. Written comments
may be submitted to the Guardianship Advisory Board until 5:00 p.m., Central
Time, the day prior to the hearing. Please address written comments to either
the Law Office of Terry W. Hammond, 1420 Montana, El Paso, Texas 79902, or to
Steven Fields, Guardianship Alliance of Texas, 4900 North Lamar, Fourth Floor,
Austin, Texas 78751.
Persons with disabilities who wish to attend the hearing and require auxiliary
aids or services should contact Terry W. Hammond at (915) 534-7000 by May 15,
1998, so that appropriate arrangements can be made.
TRD-9807362
Marina S. Henderson
Executive Deputy Commissioner
Texas Health and Human Services Commission
Filed: May 6, 1998
Texas Department of Transportation
Notice of Invitation - Lufkin District Laboratory
The Texas Department of Transportation (TxDOT) intends to enter a contract with
a professional engineer, pursuant to Texas Government Code, Chapter 2254,
Subchapter A, and 43 TAC sec.sec.9.30-9.43, to provide the following services.
To be considered, a prime provider and any subproviders proposed on the team
must be precertified by the deadline date for receiving the letter of interest
for the advertised work category(s), unless the work category is a non-listed
work category. To qualify for contract award, a selected prime engineer must
perform a minimum of 30% of the actual contract work. Please be advised that a
prime provider or subprovider currently employing former TxDOT employees needs
to be aware of the revolving door laws, including Government Code, Chapter 572
and Article IX, Section 52, of the General Appropriations Bill. To be
considered, the proposed team must demonstrate that they have a professional
engineer registered in Texas who will sign and seal the work to be performed on
the contract.
Historically Underutilized Business (HUB) Goal: The goal for HUB participation
for the work to be performed under this contract is zero percent of the contract
amount.
Contract Number 11-8XXP0001: The precertified work category and percentage of
the work per category is: 12.1.1 - Asphaltic Concrete (100%). The work to be
performed will be on a work order basis to go to various hot mix plants to run
test that TxDOT is required to run on the hot mix that is produced at the plant.
Long List Criteria: TxDOT will consider the following criteria in its review of
all interested providers:
1. Past Performance References: Minimum requirements - The team must provide
names and phone numbers of at least two references from other entities for which
similar type of work was conducted. Preferred requirements - The team must
provide names and phone numbers of three or more satisfactory references from
other entities for which similar type of work was conducted.
2. Project Requirements (Team Capabilities and Experience): Asphaltic Concrete
(12.1.1) - Minimum requirements as established by the minimum precertification
standards. Preferred requirements - In addition to the minimum requirements, the
Team member must satisfactorily demonstrate his/her knowledge in hot mix testing
and properties. Prime provider must have the proper equipment to test and
evaluate hot mix asphaltic concrete (HMAC) and have four technicians with proper
hot mix asphalt specialist certifications.
3. Special (Similar) Project Related Experience of Project Manager and Team
Members: Asphaltic Concrete (12.1.1) - Minimum requirements - Must identify
specific information detailing successful completion of one similar project.
Preferred requirements - In addition to the minimum requirements, the Project
Manager must have and provide satisfactory explanation of his/her experience in
hot mix testing and evaluating of test results. Certified technicians must have
one year of cumulative/continuous experience on hot mix projects within the past
four years.
4. Evidence of Compliance with Assigned HUB Goal: Not applicable.
Deadline: A letter of interest notifying TxDOT of the provider's intent to
submit a proposal will be accepted by fax at (409) 633-4374; or by hand delivery
to TxDOT, Lufkin District Laboratory, Attention: Anson D. Moffett, 1805 North
Timberland Drive; or by mail addressed to TxDOT, Attention: Anson D. Moffett,
1805 North Timberland Drive, Lufkin, Texas 75901. Letters of interest will be
received until 5:00 p.m. on Friday, May 29, 1998.
Letter of Interest Requirements: The letter of interest is limited in length to
three 8 1/2 x 11 inch pages, 12 point font, single-sided, with no attachments or
appendices, plus references (these are in addition to the letter of interest),
and must include the contract number 11-8XXP0001; an organizational chart
containing the names, addresses, telephone and fax numbers of the prime provider
and any subproviders proposed for the team and their contract responsibilities;
certification that the proposed team individuals are currently employed by
either the prime provider or a subprovider; certification that the proposed team
individuals meet the minimum qualification requirements; the prime provider's
project manager and key personnel proposed for the contract; team capabilities;
special project related experience; and other pertinent information addressed in
the notice, including references for related projects.
Agency Contact: Requests for additional information regarding this notice of
invitation should be addressed to Anson D. Moffett at (409) 633-4356 or by fax
(409) 633-4374.
TRD-9807358
Bob Jackson
Acting General Counsel
Texas Department of Transportation
Filed: May 6, 1998
Texas Water Development Board
Applications Received
Pursuant to the Texas Water Code, Section 6.195, the Texas Water Development
Board provides notice of the following applications received by the Board:
Sherman County Soil and Water Control District, P. O. Box 389, Stratford, Texas,
79084, received September 16, 1997, application for grant assistance in the
amount of $4,860 from the Agricultural Conservation Grants to Districts Program.
Lipan-Kickapoo Water Control District, P.O. Box 67, Vancourt, Texas, 76955,
received October 10, 1995, application for grant assistance in the amount of
$1,875 from the Agricultural Conservation Grants to Districts Program.
Hickory Underground Water Control District No. 1, Box 1214, Brady, Texas, 76825,
received October 13, 1995, application for grant assistance in the amount of
$7,449 from the Agricultural Conservation Grants to Districts Program.
Emerald Underground Water Control District, P.O. Box 1458, Ozona, Texas, 76943,
received March 10, 1996, application for grant assistance in the amount of
$2,940 from the Agricultural Conservation Grants to Districts Program.
Fayette Soil and Water Control District, 254 North Jefferson Street, La Grange,
Texas, 78945-2214, received September 3, 1996, application for grant assistance
in the amount of $7,606 from the Agricultural Conservation Grants to Districts
Program.
Tierra Blanca Soil and Water Control District, 315 West Third Street, Hereford,
Texas, 79045, received October 30, 1996, application for grant assistance in the
amount of $20,645 from the Agricultural Conservation Grants to Districts
Program.
Howard Soil and Water Control District, P.O. Box 2346, Big Spring, Texas, 79720,
received February 18, 1997, application for grant assistance in the amount of
$472 from the Agricultural Conservation Grants to Districts Program.
Medina Valley Soil and Water Control District, P.O. Box 399, Medina, Texas,
78861, received March 10, 1997, application for grant assistance in the amount
of $4,515 from the Agricultural Conservation Grants to Districts Program.
Midland Soil and Water Control District, 1307 East Wadley, Midland, Texas,
79705, received March 17, 1997, application for grant assistance in the amount
of $5,922 from the Agricultural Conservation Grants to Districts Program.
Coastal Plains Soil and Water Control District, 600 Main, Richmond, Texas,
77469, received March 28, 1997, application for grant assistance in the amount
of $34,912.50 from the Agricultural Conservation Grants to Districts Program.
Hansford Soil and Water Control District, 909 West 9th Avenue, Spearman, Texas,
79081-3417, received June 16, 1997, application for grant assistance in the
amount of $11,830 from the Agricultural Conservation Grants to Districts
Program.
Mitchell Soil and Water Control District, P.O. Box 910, Colorado City, Texas,
79512, received August 12, 1997, application for grant assistance in the amount
of $11,600 from the Agricultural Conservation Grants to Districts Program.
Willacy Soil and Water Control District, 255 FM RD 3168, Suite 2, Raymondville,
Texas, 78580, received February 24, 1998, application for grant assistance in
the amount of $1,642 from the Agricultural Conservation Grants to Districts
Program.
Mustang Soil and Water Control District, P.O. Box 1070, Stanton, Texas, 79782,
received March 30, 1998, application for grant assistance in the amount of
$5,329.12 from the Agricultural Conservation Grants to Districts Program.
Lower Rio Grande Valley Development Council, 311 North 15th Street, McAllen,
Texas, 78504, received April 24, 1998, application for grant assistance in the
amount of $12,030 from the Research and Planning Fund.
Red River Authority of Texas, 900 8th Street, Suite 520, Wichita Falls, Texas,
76301, received April 27, 1998, application for grant assistance in the amount
of $20,000 from the Research and Planning Fund.
Panhandle Regional Planning Commission, P. O. Box 9257, Amarillo, Texas, 79105,
received April 27, 1998, application for grant assistance in the amount of
$20,000 from the Research and Planning Fund.
Nueces River Authority, 6300 Ocean Drive, NRC 3100, Corpus Christi, Texas,
78412, received April 27, 1998, application for grant assistance in the amount
of $17,000 from the Research and Planning Fund.
Northeast Texas Municipal Water District, Highway 250 South, P. O. Box 955,
Hughes Springs, Texas, 75656, received April 27, 1998, application for grant
assistance in the amount $20,000 from the Research and Planning Fund.
Greater Texoma Utility Authority, City of Pottsboro, 5100 Airport Drive,
Denison, Texas, 75020, received April 1, 1998, application for financial
assistance in the amount of $440,000 from the State Water Pollution Control
Revolving Fund.
City of Hallsville, 115 West Main, Hallsville, Texas, 75650, received March 23,
1998, application for financial assistance in the amount of $2,250,000 from the
State Water Pollution Control Revolving Fund.
City of Fritch, P.O. Box 758, Fritch, Texas, 79036-0758, received March 13,
1998, application for financial assistance in the amount of $2,350,000 from the
State Water Pollution Control Revolving Fund.
Benbrook Water and Sewer Authority, 1121 Mercedes Street, Benbrook, Texas,
76126, received March 27, 1998, application for financial assistance in the
amount of $1,200,000 from the State Water Pollution Control Revolving Fund.
City of La Marque, 1111 Bayou Road, La Marque, Texas, 77568, received March 13,
1998, application for financial assistance in the amount of $4,600,000 from the
State Water Pollution Control Revolving Fund.
City of Humble, P.O. Box 1627, Humble, Texas, 77338, received March 27, 1998,
application for financial assistance in the amount of $4,800,000 from the State
Water Pollution Control Revolving Fund.
Hunter's Glen Municipal Utility District, c/o Johnson, Radcliffe & Petrov,
L.L.P., Paragon Center One, 450 Gears Road, Suite 700, Houston, Texas, 77067,
received March 26, 1998, application for financial assistance in the amount of
$1,885,000 from the State Water Pollution Control Revolving Fund.
City of Lake Jackson, 25 Oak Drive, Lake Jackson, Texas, 77566, received March
31, 1998, application for financial assistance in the amount of $16,000,000 from
the State Water Pollution Control Revolving Fund.
San Patricio Municipal Water District, Highway 361, Ingleside, Texas, 78362,
received April 10, 1997, application for financial assistance in the amount of
$3,050,000 from the State Water Pollution Control Revolving Fund.
Montgomery County Utility District No. 3, 1301 McKinney, Suite 5100, Houston,
Texas, 77010-3095, received April 1, 1998, application for financial assistance
in the amount of $1,290,000 from the State Water Pollution Control Revolving
Fund.
City of Pearland, 3519 Liberty Dr., Pearland, Texas, 77581, received March 16,
1998, application for financial assistance in the amount of $17,100,000 from the
State Water Pollution Control Revolving Fund.
Shasla Public Utility District, 3715 Acorn Springs, Spring, Texas, 77389-4789,
received March 30, 1998, application for financial assistance in the amount of
$380,000 from the State Water Pollution Control Revolving Fund.
City of Pasadena, P.O. Box 672, Pasadena, Texas, 77501, received April 1, 1998,
application for financial assistance in the amount of $31,370,000 from the State
Water Pollution Control Revolving Fund.
City of Houston, P.O. Box 1562, Houston, Texas, 77251-1562, received March 16,
1998, application for financial assistance in the amount of $47,500,000 from the
State Water Pollution Control Revolving Fund.
Travis County Water Control & Improvement District - Point Venture, 270 Venture
Blvd., Leander, Texas, 78645, received March 20, 1998, application for financial
assistance in the total amount of $3,000,000 from the Water Supply Account of
the Texas Water Development Fund and the State Water Pollution Control Revolving
Fund.
City of Austin, P. O. Box 1088, Austin, Texas, 78767-1088, received April 1,
1998, application for financial assistance in the amount of $10,000,000 from the
State Water Pollution Control Revolving Fund.
City of Nacogdoches, 202 East Pilar, Nacogdoches, Texas, 75963-0648, received
March 17, 1998, application for financial assistance in the amount of $5,900,000
from the State Water Pollution Control Revolving Fund.
Lumberton Municipal Utility District, P.O. Box 8065, Lumberton, Texas, 77657,
received March 31, 1998, application for financial assistance in the amount of
$5,200,000 from the State Water Pollution Control Revolving Fund.
San Antonio Water System, 1001 East Market Street, San Antonio, Texas, 78298,
received April 1, 1998, application for financial assistance in the amount of
$47,500,000 from the State Water Pollution Control Revolving Fund.
City of Tahoka, 1612 Lockwood, P.O. Box 300, Tahoka, Texas, 79373-0300, received
April 1, 1998, application for financial assistance in the amount of $1,780,000
from the State Water Pollution Control Revolving Fund.
First Colony Municipal Utility District No. 9, 2907 Calendar Lake, Missouri
City, Texas, 77459, received April 27, 1998, application for additional
financial assistance in the amount of $1,515,000 from the State Water Pollution
Control Revolving Fund.
Additional information concerning this matter may be obtained from Craig D.
Pedersen, Executive Administrator, P.O. Box 13231, Austin, Texas, 78711.
TRD-9807336
Gail L. Allan
Director of Project-Related Legal Services
Texas Water Development Board
Filed: May 5, 1998
Texas Workforce Commission
Notice of Contract Extension
The Texas Workforce Commission files this notice of the extension of a
consulting services contract, originally awarded on March 6, 1998 to Creative
Interchange Consultants under the provisions of the Government Code, Chapter
2254.
The original award intent appeared in the July 15, 1997, issue of the Texas
Register (22 TexReg 6715).
The award and extension were made pursuant to a finding of fact from the
governor's Office of Budget and Planning dated January 6, 1998 , and under the
provisions of Government Code, sec.2254.028(a)(3).
Creative Interchange Consultants, whose business address is 9305 Zyle Road,
Austin, Texas 78737, will provide training to Commission personnel and to
certain critical customers in the latest techniques of effective team building.
This will include an analysis of the effectiveness of programs and systems and
an emphasis on strategic planning. The training will lead to development of an
agency-wide implementation plan. Workbooks and written materials will be
provided by Creative Interchange Consultants, which will also provide a
comprehensive bibliography on all of the topics and issues discussed in the
training.
The total value of the award remains unchanged at $27,500.00, with a beginning
contract date of January 1, 1998 and an amended contract ending date of August
31, 1998.
Creative Interchange Consultants will complete the required training, including
providing workbooks and other written materials, and will provide a
comprehensive bibliography on all topics and issues discussed, by August 31,
1998.
TRD-9806171
J. Randel (Jerry) Hill
General Counsel
Texas Workforce Commission
Filed: May 4, 1998
Request for Proposals
TEXAS SCHOOL AGE CHILD CARE GRANT
A. Authorization of Funding
The Texas Workforce Commission (TWC) certifies that it has authority of funding
granted in the V.T.C.A., Education Code sec.33.902, as amended.
B. Scope of Work
Grant funds may be used for the purpose of implementing child care before and
after school, during intersessions, holidays, and summer projects for a school
district's school-age students. Funds may be used for the expansion and/or
quality improvement of existing programs and reasonable start-up costs for new
programs that serve school-age children. A school-age student is defined as a
student in prekindergarten through 7th grade.
Grant applicants will be required to submit with their application a campus plan
that includes one or more of the three following objectives: (1) Challenge
students to use their creative abilities. (Examples: Fine Arts, Field Trips,
Games, Cognitive Skills Activities amp Recreation Activities, etc.); (2) Provide
opportunities for students to respect, enjoy, and become involved in the world
around them. (Examples:Field Trips, Community Service Activities, Academic
Enhancements, etc.) or (3) Create a climate for learning new and practice
existing basic life skills. (Examples: conflict management, interpersonal
relationship and communication skills, hygiene, nutrition/food preparation,
money management, etc.)
C. Eligible Applicants
Eligible applicants are school districts currently accredited by the Texas
Education Agency (TEA). Documentation of eligibility is required. School
districts may apply for funds for semesters, holidays or year-round schedules.
D. Available Funding
Proposals for regular school year projects may request up to $25,000. The
approximate amount for the total projects to be funded is $400,000.
E. Funding Restrictions
Expenditures will be reimbursed on a "cost reimbursement" basis subject to
successful performance. Funds must be used only for program activities approved
by TWC. Grant funds must not be used to supplant other funding or used to
duplicate services. Funds cannot be used to pay for child care "slots."
Permission must be secured from TWC before changes can be made in activities
performed; project personnel, and/or budgeted expenditures as authorized in the
contract.
Administrative costs reimbursed under this grant are limited to ten percent
(10%) of the total grant award. At least ninety percent (90%) of the grant funds
submitted for reimbursement must be for "direct service" costs.
F. Matching Funds
Applicants are required to provide 20% local matching funds (direct costs and/or
in-kind) for this grant. Matching funds must not be from Federal/State sources
that prohibit use of matching and/or any funds that are dedicated to another
funding source as match. Proposals must identify the source and type of funds
dedicated for Match.
G. Length of Contract
The contract period begins September 1, 1998, or as soon thereafter as contracts
can be executed and ends August 31, 1999. (Contracts must end no later than
August 31, 1999.)
H. Selection Criteria
Applicants will be graded on a competitive basis. Incomplete applications will
not be graded but will be disqualified. Grading criteria will be included in the
application packet. After grading, applications will be reviewed and selected
based on scores, demonstrated need in the community for the project,
geographical distribution, and apparent ability for the applicant organization
to complete the project successfully. Special consideration will be given to
proposals that will serve special needs in inclusive settings. Preference will
be given to applications from school districts that have not received this grant
before. TWC reserves the right to vary all provisions of this RFP prior to the
execution of a contract and to execute amendments to contracts when TWC deems
such variances and/or amendments are in the best interest of the State of Texas.
I. How to Apply for a Grant
Applicants must request an application package from the Work & Family
Clearinghouse. Applications must be submitted by the deadline date (see K.,
below). Call 512/936-3228 to request an application packet or fax a request to
512/936-3255. Grant application packets are about 30 pages long, of which
approximately 20 pages are forms that must be filled out and returned, along
with required documentation unique to each applicant.
J. Notification and Selection Process
Grant awards will be made by approximately July 13, 1997. Applicants will be
notified of the status of their application the week of July 13th. Negotiations
will take place immediately after selection. A designated person from the school
district must be readily available to respond to budget and/or programmatic
requested revisions during the week of July 13, 1998. If a designated person is
not readily available to promptly respond to requested revisions, the grant will
not be awarded to the applicant.
K. Due Date for Consideration
The deadline for consideration of a grant proposal is 5:00 p.m., June 30, 1997.
Grant applications mailed by any means must be received in the Clearinghouse
office by the deadline to be considered eligible. Contact the Texas Work &
Family Clearinghouse at 512/936-3228 if you wish to order an applicationpacket.
Proposals should be mailed to: Texas Work & Family Clearinghouse, Room 416T, 101
E. 15th Street, Austin, TX 78778-0001. Proposals may be hand-delivered to: Texas
Work & Family Clearinghouse, 1117 Trinity, Room 416T, Austin, Texas.
A list of funded grantees will be published in the Texas Register following
contract completion.
TRD-9807343
J. Randel (Jerry) Hill
General Counsel
Texas Workforce Commission
Filed: May 6, 1998