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