IN ADDITION The Texas Register is required by statute to publish certain documents, including applications to purchase control of state banks, notices of rate ceilings, changes in interest rate and applications to install remote service units, and consultant proposal requests and awards. To aid agencies in communicating information quickly and effectively, other information of general interest to the public is published as space allows. Texas Commission on Alcohol and Drug Abuse Notice of Intent to Fund Under the authority of the Texas Health and Safety Code, Title 6, Subtitle B, Chapter 461, the Texas Commission on Alcohol and Drug Abuse (TCADA) is seeking to purchase a statewide Problem Gambler's Helpline and a capacity management program. The commission will issue a Request for Proposals (RFP) if two or more eligible applicants respond for one or both of the services requested through this notice. If only one eligible applicant responds for one of the statewide services requested, that service will not be competed and will not be included in the RFP. The goals of the RFP is to maintain the provision of a problem and compulsive gambling program to assist individuals, families and communities that are impacted by problem and compulsive gambling through the operation of the Problem Gambler's Helpline and to oversee the availability of substance abuse treatment beds/slots in TCADA funded treatment facilities through the operation of a capacity management program. Service and Population: Problem Gambler's Helpline: Services include the operation of a problem and compulsive gambling helpline to increase public awareness and understanding about problem and compulsive gambling and to promote the prevention of compulsive gambling. Target population is the general population who may be impacted by problem and compulsive gambling. Capacity management program: Services include the maintenance of an automated capacity management system to monitor available beds/slots in TCADA funded treatment programs to ensure that persons requiring treatment are placed in a timely fashion. Target population includes adult and adolescent males and females. There is $565,500 available through this RFP, $375,000 to fund the Problem Gambler's Helpline and $190,500 to fund the capacity management program. Contract Period: The contract period for proposals selected through the competitive RFP process will be September 1, 1998 through August 31, 1999. The payment mechanism will be Financial Assistance. Eligible Applicants: Applicants must be public organizations or incorporated private non-profit or for-profit organizations. Partnerships are not eligible to apply. To be eligible to compete through the 1999 statewide services RFP, all potential applicants must initially submit the following for review: A letter of intent which identifies the service applying for: Problem Gambling Helpline or capacity management program Documentation of the organization's legal standing: Incorporated private non- profit or for-profit organizations submit a copy of : State of Texas certificate of incorporation stamped with a Texas state seal; State of Texas signed and dated articles of incorporation and amendments; doing business as (DBA) certificate, if appropriate; signed and dated bylaws and amendments; and current list of board members and offices of the organization's governing body. Public organizations submit a copy of: enabling legislation, e.g. constitution, statute, or charter; signed and dated bylaws and amendments; and current list of board members and officers of the organization's governing body. Documentation of financial ability: Organizations that have undergone an audit: submit a copy of the following documents for review before being considered for funding under this RFP: applicant's most recent audited basic financial statements; notes to the financial statements; report(s) issued by the auditor on internal controls; any management letters issued by the auditor in conjunction with the audit; and management's response to the management letter. Organizations that have not been audited: submit a copy of unaudited financial statements with a note indicating that the statements have not been audited. Acceptable documents include: operating statements: statement of support, revenue and expenses and changes in fund balance; balance sheet: a statement of financial position which discloses assets and liabilities; statement of cash flow; statement of functional expenses showing line item income and expense details by program or support function; and notes to financial statements listing basis of accounting and fiscal year. An applicant will be ineligible to compete for funding through the RFP if it fails to submit the required documentation or if the audit reports going concern issues, material non-compliance or material weakness that is not satisfactorily addressed in the management response. Applicants meeting the notice of intent requirements will be notified of their eligibility to compete through the RFP process and mailed a copy of the RFP. Applicants submitting letters of intent to apply for funding, but ineligible to compete through the RFP process will be informed of their ineligibility within 30 days of the letter's submittal. Submission and Contact: Organizations interested in applying for the statewide services RFP should submit a letter of intent to: Texas Commission on Alcohol and Drug Abuse, Resource Procurement Department, 9001 N. IH-35, Suite 105, Austin, Texas 78753-5233. Faxed documents will not be accepted. The letter must include all the above mentioned elements. If there are any questions please contact the Resource Procurement Department at (800) 832-9623, extension 6786 or (512) 349-6786. Failure to meet each requirement requested in the notice of intent will result in disqualification from consideration for the competitive statewide services RFP for fiscal year 1999 funding. Due Date: Interested applicants must submit a letter of intent and all legal and fiscal documents requested in this notice to TCADA by 5:00 p.m. on July 20, 1998. TCADA's application criteria for funding will be listed in the RFP. TRD-9810040 Mark S. Smock Deputy for Finance and Administration Texas Commission on Alcohol and Drug Abuse Filed: June 23, 1998 Ark-Tex Council of Governments Request for Proposal for Group Medical, Dental, Prescription Drug, Basic Group Life/AD&D, Short Term Disability Insurance, and Section 125 Plan Administration Notice of Invitation The Ark-Tex Council of Governments (ATCOG) requests proposals for Medical and Prescription Drug Coverages: (1) Traditional Indemnity, an Indemnity Preferred Provider Organization (PPO); a Health Maintenance Organization Program, Point of Service (POS) Program; (2) Dental Coverage (On a Conventional Fully-Insured Basis); (3) Basic Group Life and Accidental Death and Dismemberment (AD&D) Insurance with optional employee and dependent life insurance; (4) Short Term Disability (STD) Insurance, (5) optional employee and dependent Personal Accident Insurance, and (6) Section 125 Administration. Contact Person To request a copy of the RFP with specifications, contact LaJuan H. Martin, Human Resources Administrator at 122 Plaza West, Texarkana, Texas 75501, PHONE: (903) 832-8636, FAX (903) 832-3441. Closing Date August 3, 1998, at 3:00 p.m. ATCOG reserves the right to reject any and all proposals submitted and to accept the proposal that is considered to be in the best interest of ATCOG. ATCOG may request additional information as necessary to clarify, explain, and verify any aspect of a proposal. ATCOG shall be the sole judge of the acceptability of any proposal. TRD-9810017 James C. Fisher, Jr. Executive Director Ark-Tex Council of Governments Filed: June 23, 198 Coastal Coordination Council Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence under the Texas Coastal Management Program On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were received for the following projects(s) during the period of June 15, 1998, through June 22, 1998: FEDERAL AGENCY ACTIONS: Applicant: City of Houston, Beltway; Location: Into Harris County Flood Control District Ditch D124-00-00; thence to Brays Bayou; thence to the Houston Ship Channel in Segment Code No. 1007 of the San Jacinto River Basin, Project Number 98-0266-F1; Description of Proposed Action: The applicant requests renewal of a National Pollutant Discharge Elimination System permit to expire August 31, 2002; Type of Application: U.S. Environmental Protection Agency NPDES permit number TX0065307 under the Clean Water Act (33 U.S.C.A.sec.1251). Applicant: City of Kingsville; Location: From the municipal wastewater treatment plant into Tranquitas Creek; thence to San Fernando Creek; thence to Cayo del Grullo; thence to Baffin Bay/Alanza Bay/Cayo del Grullo/Laguna Salada in Segment Code Number 2492 of the Bays and Estuaries; Project Number 98-0267-F1; Description of Proposed Action: The applicant requests renewal of a National Pollutant Discharge Elimination System permit to expire June 30, 2000; Type of Application: U.S. Environmental Protection Agency NPDES permit number TX0023418 under the Clean Water Act (33 U.S.C.A. sec.1251). Applicant: Florida Gas Transmission Company; Location: In Galveston Bay, approximately 1.2 miles southwest of Cat Point, San Leon, Galveston County, Texas; Project Number 98-0271-F1; Description of Proposed Action: The applicant proposes to fill 0.18 acre of eroded area of shoreline, plant the area with smooth cordgrass, and construct a 165-foot artificial oyster reef on Galveston Bay; Type of Application: U.S.C.O.E. permit application number 21275 under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403), and sec.404 of the Clean Water Act (33 U.S.C.A. sec.sec.125-1387). Applicant: TransTexas Gas Corporation; Location: In wetlands near Caranchua Lake, south of Hitchcock, in Galveston County, Texas; Project Number 98-0272-F1; Description of Proposed Action: The applicant is requesting authorization to drill up to 8 wells for oil and gas exploration, from an existing, abandoned, well pad. A new levee will be constructed in an east-west direction approximately 20 feet north of the existing well; Type of Application: U.S.C.O.E. permit application number 21285 under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403), and sec.404 of the Clean Water Act (33 U.S.C.A. sec.sec.125-1387). Applicant: Hancock, Joseph & Daniels, Inc.; Location: At 9th Avenue and Jimmy Johnson Blvd., east of the Babe Didrikson Zaharias Memorial Golf Course and south of 75th Street in Port Arthur, Jefferson County, Texas; Project Number 98- 0275-F1; Description of Proposed Action: The applicant proposes to develop a 252-unit apartment complex on a 28-acre site. Approximately 8.4 acres of isolated wetlands would be filled with 33,992 cubic yards of material to bring those areas up to elevation. Mitigation is planned; Type of Application: U.S.C.O.E. permit application number 21238 under sec.404 of the Clean Water Act (33 U.S.C.A. sec.sec.125-1387). Applicant: James Pry; Location: On the Gulf Intracoastal Waterway, Lot 37, Marlin Street, Freeport, Brazoria County, Texas; Project Number 98-0277-F1; Description of Proposed Action: The applicant proposes to dredge a boat basin, install walkways and finger piers, construct a bulkhead and place fill material into a 0.030 acre wetland. Approximately 5,946 cubic yards of material will be excavated from a 120- by 132-foot area, to create the basin and a 60- by 46-foot area to create an entrance channel; Type of Application: U.S.C.O.E. permit application number 21274 under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403), and sec.404 of the Clean Water Act (33 U.S.C.A.sec.sec.125-1387). Applicant: David Winslow; Location: On West Galveston Bay, in the Bay Harbor Subdivision, Lot 215, Bahia Azul, at the northwest end of 6th Street, in Galveston, Galveston County, Texas; Project Number 98-0279-F1; Description of Proposed Action: The applicant proposes to extend the time to complete the work authorized by Permit number 18025(01) to install approximately 235 feet of bulkhead, placement of backfill, filling of a 0.048 acre wetland, construction of a 140-foot pier with an 8- by 20-foot T-head, and the dredging of a 30-by 40- foot recreational boat basin; Type of Application: U.S.C.O.E. permit application number 18025(03) under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403), and sec.404 of the Clean Water Act (33 U.S.C.A. sec.sec.125-1387). Pursuant to sec.306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A.sec.sec.1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action should be referred to the Coastal Coordination Council for review and whether the action is or is not consistent with the Texas Coastal Management Program goals and policies. All comments must be received within 30 days of publication of this notice and addressed to Ms. Janet Fatheree, Council Secretary, 1700 North Congress Avenue, Room 617, Austin, Texas 78701-1495. TRD-9810063 Garry Mauro Chairman Coastal Coordination Council Filed: June 24, 1998 Comptroller of Public Accounts Notice of Request For Proposals Notice of Request for Proposals: Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces the issuance of a Request for Proposals (RFP) for the purpose of hiring a consultant to assist the Comptroller with records administration services in connection with the state's prepaid higher education tuition program. The program is administered by a seven member Prepaid Higher Education Tuition Board (Board) and the Board is authorized to enter into contracts for the performance of services relating to administering the program. The subject of the consultant's services will be the Texas Tomorrow Fund (TTF), a fund created to manage funds from prepaid higher education tuition contracts. The vendor recommended by the Comptroller pursuant to this RFP process will be subject to approval by the Board. The Comptroller has identified records administration consulting services as necessary to the continued successful management of the program. If approved by the Board, the successful proposer will be expected to begin performance of the contract on or about January 1, 1999. Contact: Parties interested in submitting a proposal should contact William Clay Harris, Legal Counsel, Legal Services Division, Comptroller of Public Accounts, at 111 E. 17th St., Room G-24, Austin, Texas 78774, (512)463-4924, to obtain a complete copy of the RFP. The RFP will be available for pick-up at the above referenced address on Friday, July 3, 1998, between 4p.m. and 5p.m. Central Zone Time (CZT), and during normal business hours thereafter. All written inquiries and mandatory non-binding letters of intent to propose must be received at the above-referenced address prior to 4p.m. (CZT) on Friday, July 10, 1998. Closing Date: Proposals must be received in the Legal Counsel's Office no later than 4p.m. (CZT), on Monday, August 3, 1998. Proposals received after this time and date will not be considered. Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria set forth in the RFP. The committee will recommend to the Board which proposal(s) best meet these criteria. The Board will make the final decision as to a successful proposer for this project. A proposer may be asked to clarify its proposal, which may include an oral presentation prior to final selection. The Comptroller reserves the right to accept or reject any or all proposals submitted. Neither the Comptroller nor the Board is under any legal or other obligation to execute a contract on the basis of this notice or the distribution of an RFP. Neither this notice nor the RFP commits the Comptroller or the Board to pay for any costs incurred prior to the execution of a contract. The anticipated schedule of events is as follows: Issuance of RFP - July 3, 1998, 4p.m. (CZT); Mandatory Non-binding Letter of Intent and Questions Due - July 10, 1996, 4p.m. (CZT); Proposals Due - August 3, 1998, 4p.m. (CZT); and Contract Execution - August 31, 1998, or as soon thereafter as possible. TRD-9810092 Walter Muse Legal Counsel Comptroller of Public Accounts Filed: June 24, 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, 1D.009, and 1E.003, Title 79, Revised Civil Statutes of Texas, as amended (Articles 5069-1D.003, 1D.009, and 1E.003, Vernon's Texas Civil Statutes). The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period of 06/29/98 - 07/05/98 is 18% for Consumer1/Agricultural/Commercial2/credit thru $250,000. The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period of 06/29/98-07/05/98 is 18% for Commercial over $250,000. The judgment ceiling as prescribed by Art. 1E.003 for the period of 07/01/98- 07/31/98 is 10% for Consumer/Agricultural/Commercial/credit thru $250,000. The judgment ceiling as prescribed by Art. 1E.003 for the period of 07/01/98- 07/31/98 is 10% for Commercial over $250,000. [sup]1Credit for personal, family or household use. [sup]2Credit for business, commercial, investment or other similar purpose. TRD-9810037 Leslie L. Pettijohn Commissioner Office of Consumer Credit Commissioner Filed: June 23, 1998 County of Zapata Notice of Intent County of Zapata Commissioner's Court is considering the possibility of requesting that the Texas Department of Human Services contract for more Medicaid nursing facility beds in Zapata County. In accordance with House Bill 606, the Commissioner's Court is soliciting comments from all interested parties on the appropriateness of such request. Additionally, the Commissioner's Court needs to determine if qualified entities are interested in submitting proposals to provide these additional Medicaid certified nursing facility beds. Comments and/or proposals should be submitted to: Mario Gonzalez-Davis, Project Coordinator, P.O. Box 99, Zapata, Texas 78076; or delivered to Zapata County Court House-County Judge's Office, Hidalgo and 6th Street, Zapta, Texas. For more information call (956)765-9939; fax (956)765-9969. Proposals must be submitted by 5:00 p.m. on July 24, 1998. TRD-9810061 Mario Gonzalez-Davis Project Coordinator County of Zapata Filed: June 24, 1998 Texas Department of Criminal Justice Notice to Bidders-High Security Facility at the James V. Allred Unit The Texas Department of Criminal Justice invites bids for construction of the High Security Facility at the James V. Allred Unit in Wichita Falls, Texas. The project consists of new construction of a 660 cell High Security Prototype facility at the existing Allred Unit, 2101 FM 369 North, Iowa Park, Texas 76367. The size of the facility is approximately 145,000 square feet. The work includes civil, architectural, mechanical, electrical, plumbing, food service, structural concrete and steel, and pre-engineered metal building as further shown on the Contract Documents prepared by Sverdrup Facilities, Inc. The successful bidder will be required to meet the following requirements and submit evidence 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 levels required. 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. The Owner reserves the right to reject any or all bids, and to waive any informality or irregularity. Bid Documents can be purchased from the Architect/Engineer at a cost of $250 (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: SVERDRUP FACILITIES, INC., Attention: Marc Brewster, 5101 East 51st Street, Austin, Texas 78723, Phone: (512) 414-2173; Fax: (512) 927-2335. A Pre-Bid conference will be held at 9am on Friday, June 30, 1998, at the W.J. Estelle Unit, Huntsville, Texas followed by a site-visit of this prototype unit. Attendance is Mandatory. Bids will be publicly opened and read at 2pm, July 23, 1998, in the Blue 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 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-9810090 Carl Reynolds General Counsel Texas Department of Criminal Justice Filed: June 24, 1998 Notice to Bidders-High Security Facility at the William P. Clements Unit The Texas Department of Criminal Justice invites bids for construction of the High Security Facility at the William P. Clements Unit in Amarillo, Texas. The project consists of new construction of a 660 cell High Security Prototype facility at the existing Clements Unit, 9601 Spur 591, Amarillo, Texas 79107- 9606. The size of the facility is approximately 145,000 square feet. The work includes civil, architectural, mechanical, electrical, plumbing, food service, structural concrete and steel, and pre-engineered metal building as further shown on the Contract Documents prepared by Sverdrup Facilities, Inc. The successful bidder will be required to meet the following requirements and submit evidence 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 levels required. 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. The Owner reserves the right to reject any or all bids, and to waive any informality or irregularity. Bid Documents can be purchased from the Architect/Engineer at a cost of $250 (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: SVERDRUP FACILITIES, INC., Attention: Marc Brewster, 5101 East 51st Street, Austin, Texas 78723, Phone: (512) 414-2173; Fax: (512) 927-2335. A Pre-Bid conference will be held at 9am on Tuesday, July 7, 1998, at the W.J. Estelle Unit, Huntsville, Texas followed by a site-visit of this prototype unit. Attendance is Mandatory. Bids will be publicly opened and read at 2pm, July 30, 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 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-9810083 Carl Reynolds General Counsel Texas Department of Criminal Justice Filed: June 24, 1998 Notice of Contract Award The Texas Department of Criminal Justice publishes this notice of a contract award to The Institute of Auditors, 249 Maitland Avenue, Altamonte Springs, Florida 32701. A Request for Qualifications to perform an independent external peer review of the Internal Audit Division pursuant to Texas Government Code, sec.2102.007 was published in the March 27, 1998, issue of the Texas Register (23 TexReg 3347). This contract was awarded according to the Professional Services Procurement Act. The contract number is 696-AO-8-9-C0005 and compensation shall not exceed the amount of $35,980. Contract period began on June 22, 1998, and terminates on October 30, 1998, if not terminated sooner. The contract contains one deliverable, an external quality review report, to be delivered by August 31, 1998. The report will contain determinations regarding the effectiveness of the Division's quality control system, the Division's compliance with its charter and various standards, and recommendations for improvement where applicable. TRD-9810096 Carl Reynolds General Counsel Texas Department of Criminal Justice Filed: June 24, 1998 Deep East Texas Council of Governments Public Notice The Deep East Texas Council of Governments (DETCOG), by authority of the Deep East Texas Local Workforce Development Board, is accepting applications from potential providers of vocational classroom training to be placed on the program year 1998 (July 1, 1998-June 30, 1999) Individual Referral Classroom Training Vendor List for the Job Training Partnership (JTPA) program. Successful respondents must, at a minimum, be accredited and/or licensed and have been operational for at least three years. Training will be funded on an individual referral basis and only for vocations on the area's approved demand occupation list. DETCOG provides JTPA training services to residents of the 12-county Deep East Texas area, and training will be funded at the institution providing the approved, participant-selected training closest to a participant's residence. To request an application, call Charlene Meadows at 409-634-2247 or, for the hearing impaired, 409-634-2398 (TDD). The deadline for applications is July 7, 1998. JTPA is an Equal Opportunity program. Auxiliary aids and services are available upon request to individuals with disabilities. TRD-9809816 Betty J. Brown Workforce Director Deep East Texas Council of Governments Filed: June 18, 1998 East Texas Council of Governments Notice of Request for Proposals for Youth Special Model Projects and Drop Out Recovery Projects The East Texas Workforce Development Area is soliciting proposals for the operation of Special Model Projects for Youth and Dropout Recovery Projects for a period beginning September 3, 1998, and ending June 30, 1999. Provision of these services will involve a cost reimbursement subcontract with the East Texas Council of Governments, which serves as the Grant Recipient and Administrative Unit for the East Texas Workforce Development Board. The purpose of this Request for Proposals is to identify operators of Youth Special Model Projects and Dropout Recovery Projects funded through Title II-C of the Job Training Partnership Act. Activities specified through Title II-C of the Job Training Partnership Act will be allowable for Special Model Projects so long as these promote performance standard attainment for the Workforce Development Area. Dropout Recovery projects will provide classroom instruction for the completion of a high school diploma for at-risk youth who are classified as dropouts. Proposers must serve the East Texas Workforce Development Area, which is comprised of the following counties: Anderson, Camp, Cherokee, Gregg, Harrison, Henderson, Marion, Panola, Rains, Rusk, Smith, Upshur, Van Zandt and Wood. It is anticipated that a total of $141,135 will be available for Special Model Projects and $120, 000 will be available for Dropout Recovery Projects. The Person to be Contacted Regarding Submission of a Proposal Persons or Organizations wanting to receive a Request for Proposals should request by letter or by fax. Requests should be addressed to Gary Allen, Section Chief-Planning, Occupational Training Programs, East Texas Council of Governments (ETCOG), 3800 Stone Road, Kilgore, Texas 75662. The fax number for ETCOG is (903)983-1440. RFP's will not be released prior to June 25, 1998. Questions concerning the Request for Proposal process should be addressed to Wendell Holcombe, East Texas Council of Governments at (903)984-8641. Closing Date for Receipt of Proposals The anticipated deadline for receipt of proposals shall be August 7, 1998. The Procedure by Which Subcontracts will be Awarded Proposals will be numerically rated by a team of independent reviewers and will be considered by the East Texas Workforce Development Board. The decision of the Workforce Development Board will be considered by the East Texas Chief Elected Officials Board of Directors. The East Texas Council of Governments Executive Committee will consider the final selection of successful proposer(s) and will authorize subcontract(s) for services. TRD-9810072 Glynn Knight Executive Director East Texas Council of Governments Filed: June 24, 1998 Texas Education Agency Notice of Intent to Extend Contract for the Texas Library Connection Description. The Texas Education Agency (TEA) solicited a contractor through Request for Proposals (RFP) Number 701-95-017 for developing, maintaining, and making accessible over the Internet, a United States Machine Readable Catalog (USMARC) database of school library holdings. The RFP appeared in the January 24, 1995, issue of the Texas Register (20 TexReg 393). A Notice of Intent to Extend Contract for the Texas Library Connection (TLC) appeared in the July 2, 1996, issue of the Texas Register (21 TexReg 6098) and in the July 18, 1997, issue of the Texas Register (22 TexReg 6778). The contractor successfully completed the first three years of the project, creating the database and merging over fifteen million records from 2,125 sites into over two million unique records. As additional libraries are accepted into the TLC, the process of merging records into the existing database will continue. Additional clean up of the database needs to occur to maintain the integrity of the USMARC records. Therefore, the TEA under the provisions of RFP Number 701-95-017, intends to award a continuation contract to the previous contractor, Auto-Graphics, Inc., of Pomona California. Dates of Project. All services and activities related to this contract will be conducted within specified dates. The continuation contractor shall plan for a starting date of no earlier than August 1, 1998, and an ending date of no later than August 31, 1999. Project Amount. The contractor may receive funding not to exceed $700,000.00 during the contract period. Subsequent project funding will be based on satisfactory progress of objectives and activities, on funding being available, and authorization to continue. The issuance of this notice does not obligate the TEA to award a contract or pay any costs incurred in preparing a response. Further Information. For clarifying information, contact Gloria McClanahan, Instructional Technology Division, Texas Education Agency, (512) 475-3255 or e- mail at gmcclana@tmail.tea.tetn.net. TRD-9810094 Criss Cloudt Associate Commissioner, Policy Planning and Research Texas Education Agency Filed: June 24, 1998 Notice of Invitation to Submit Resume for Consideration to Review Instructional Materials for Errors Eligible Proposers. The Texas Education Agency (TEA) is seeking to contract with individuals to conduct error reviews of instructional materials submitted for adoption under Proclamation 1996. Qualifications and experience required for proposers include: (1) Bachelor's or Master's degree with a concentration of courses in the specified subject area to be reviewed; (2) two or more years experience in teaching the specific subject area preferred; (3) demonstrated ability to evaluate instructional materials for accuracy preferred; and (4) in some cases, experience using instructional software such as laserdiscs and CD- ROMs (proposer must also have access to the equipment necessary to review such materials). Historically underutilized businesses (HUBs) are encouraged to participate. Interested individuals should submit a resume describing the above qualifications and include information regarding awards, commendations, or other recognition of work in the specified subject areas. Prospective proposers should disclose whether they have had prior employment by publishing companies. Description. A variety of instructional materials (e.g. textbooks, CD-ROMs, laserdiscs, etc.) have been submitted in the areas of: Mathematics, Grades K-8; Aquatic Science, Geology, Meteorology, and Oceanography; World History Studies, Choir; and Technical Theatre. Selected proposers will review instructional materials for factual errors. The proposers will then compile a list of factual errors they have identified as well as recommended corrections and submit required reports on diskette and hard copy using an agency-specified format. Reports must be prepared on a 3.5 diskette in Microsoft Word 5.1 for Macintosh or Microsoft Word 6.0 for PC-compatible computer. Pre-formatted diskettes will be provided to individuals selected to conduct reviews. The following tasks must be conducted for each set of instructional materials: (1) review instructional materials, identify factual errors, and determine recommended corrections; (2) produce a preliminary report, using an agency- specified format, listing the identified factual errors and recommended corrections (due July 30, 1998); (3) compare the preliminary report to lists of editorial changes and corrections submitted by publishers and eliminate any duplication from the preliminary report during the period of August 3, 1998, and August 21, 1998, (editorial changes and corrections are due from publishers on August 3, 1998); and (4) produce a final report, using the agency-specified format, listing factual errors and recommended corrections that are in addition to the publishers' lists of editorial changes and corrections, to be submitted to the agency by August 21, 1998. Reports are to be submitted by proposers on computer diskette and hard copy, using the agency- specified format. Proposers are required to hand deliver or use registered mail, United Parcel Service, Federal Express, or other overnight delivery service, if necessary, at the proposer's own expense, to ensure that preliminary and final reports arrive on or before July 30, 1998, and August 21, 1998, respectively. Instructional materials may be reviewed at the proposer's place of choice; however, proposers shall communicate in person or by phone as needed throughout the process with agency staff at the Division of Textbook Administration (512) 463-9601 and the Division of Curriculum and Professional Development, (512) 463-9581. It is anticipated that the following numbers of individuals will be selected for each subject area: 16 for Mathematics, Grades K-2 (including 3 with the ability to review Spanish mathematics materials); 18 for Mathematics, Grades 3-5 (including 2 with the ability to review Spanish mathematics materials); 7 for Mathematics, Grades 6-8; 11 for World History Studies; 3 for Aquatic Science; 3 for Geology, Oceanography, and Meteorology; 3 for Choir; and 2 for Technical Theatre. Assignments of materials will be made after selection of proposers is completed. Publishers will ship materials directly to the contractors after assignments have been determined. Dates of Project. Proposers should plan for a starting date of no earlier than July 6, 1998, and an ending date of no later than August 21, 1998. Project Amount. Payment shall be approved upon the Texas Education Agency's acceptance of all work and after instructional materials have been returned to the agency. Payment amounts may vary depending upon the volume of materials to be reviewed. Payments for Mathematics will range from $500 to $1,000 per assignment. Assignments will combine two to three grade levels (e.g., K-2, Grades 3-5, or Grades 6-8) with payments ranging from $500 to $2,000 depending upon the size of the sets of materials assigned. Payments for World History Studies will range from $500 to $1,000 per set of materials depending upon the size of the set. Payments for Aquatic Science; Geology, Meteorology, and Oceanography; Choir; and Technical Theatre will begin at $500 per set of materials reviewed. Selection Criteria. Proposals will be selected based on the ability of each proposer to perform the evaluation tasks listed in the description above. The TEA will base its selection on the qualifications and experience listed in the section above regarding eligible proposers. The TEA is not obligated to execute a resulting contract, provide funds, or endorse any proposal submitted in response to this invitation. This invitation does not commit TEA to pay any costs incurred before a contract is executed. The issuance of this invitation does not obligate TEA to award a contract or to pay any costs incurred in preparing a response. Further Information. For clarifying information about this invitation, please contact Dr. Robert H. Leos, Senior Director for Textbook Administration, Texas Education Agency, (512) 463-9601or e-mail at rleos@tmail.tea.state.tx.us. Deadline for Receipt of Resumes. Resumes should be sent to Dr. Robert H. Leos, Senior Director for Textbook Administration, Texas Education Agency, 1701 North Congress Avenue, Austin, TX 78701- 1494. Resumes must be received by July 13, 1998 to be considered. TRD-9810095 Criss Cloudt Associate Commissioner, Policy Planning and Research Texas Education Agency Filed: June 24, 1998 Texas Department of Health Licensing Action for Radioactive Materials The Texas Department of Health has taken actions regarding licenses for the possession and use of radioactive materials as listed in the table below. The subheading labeled "Location" indicates the city in which the radioactive material may be possessed and/or used. The location listing "Throughout Texas" indicates that the radioactive material may be used on a temporary basis at job sites throughout the state. [graphic] [graphic] 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-9809757 Susan K. Steeg General Counsel Texas Department of Health Filed: June 18, 1998 Notice of Intent to Revoke Certificate of Registration - Health Imaging Services Pursuant to Texas Regulations for Control of Radiation (TRCR), Part 13, (25 TAC sec.289.112), the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed a complaint against the following registrant: Health Imaging Services, Houston, R19383. The department intends to revoke the certificate of registration; order the registrant to cease and desist use of such radiation machine(s); order the registrant to divest himself of such equipment; and order the registrant to present evidence satisfactory to the bureau that he has complied with the orders and the provisions of the Health and Safety Code, Chapter 401. If the items in the complaint are corrected within 30 days of the date of the complaint, the department will not issue an order. This notice affords the opportunity to the registrant for a hearing to show cause why the certificate of registration should not be revoked. A written request for a hearing must be received by the bureau within 30 days from the date of service of the complaint to be valid. Such written request must be filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed or if the items in the complaint are not corrected, the certificate of registration will be revoked at the end of the 30-day period of notice. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, 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-9809758 Susan K. Steeg General Counsel Texas Department of Health Filed: June 18, 1998 Uranium By-Product Material License Amendment for URI, Inc. The Texas Department of Health (department) gives notice that uranium by-product material license L03653 issued to URI, Inc., for its Kingsville Project located in Kleberg County near Kingsville, Texas, and Rosita Project located in Duval County near San Diego, Texas, (mailing address: URI, Inc., 12750 Merit Drive Suite 1210, LB 12, Dallas, Texas 75251) has been amended to change the radiation safety officer; authorize the use of one Remote Ion Exchange Unit for in-situ mining in Production Area III; and delete or modify references and conditions pertaining to certain expired or terminated authorizations. The department's Bureau of Radiation Control, Division of Licensing, Registration and Standards has determined, pursuant to 25 Texas Administrative Code (TAC) Chapter 289, that the licensee has met the standards appropriate to this amendment: (a) the licensee, URI, Inc., is qualified by reason of training and experience to use the material in question for the purpose requested in such a manner as to protect public health and safety, and the environment; (b) the applicant's equipment, facilities, and procedures are adequate to protect public health and safety, and the environment; (c) the issuance of the license amendment will not be inimical to public health and safety, nor have a long-term detrimental impact on the environment; (d) the applicant has demonstrated financial capability to conduct the activity including all costs associated with decommissioning, decontamination, disposal, reclamation, and long-term care and maintenance (if necessary); and (e) the applicant satisfies all applicable special requirements in 25 TAC sec.289.260. No environmental assessment is necessary for this action, since the department has determined that the action will not have a significant impact on the human environment. This notice affords the opportunity for a public hearing upon written request by a person affected by the amendment to the license. A written hearing request must be received, from a person affected, within 30 days from the date of publication of this notice in the Texas Register. A person affected is defined as a person who is a resident of the 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 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. A person affected may request a hearing by writing Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control, Texas Department of Health, 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 to be represented by an attorney, the name and address of the attorney also must be stated. Should no request for a public hearing be timely filed, the license will remain in effect. Copies of all relevant material are available for public inspection and copying at the Bureau of Radiation Control, Texas Department of Health, 8407 Wall Street, Austin, Texas. Information relative to the amendment of this specific radioactive material license may be obtained by contacting Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189, telephone (512) 834-6688, or by visiting 8407 Wall Street, Austin, Texas. TRD-9809828 Susan K. Steeg General Counsel Texas Department of Health Filed: June 18, 1998 Health and Human Services Commission Public Notice The Health and Human Services Commission State Medicaid Office has received approval from the Health Care Financing Administration to amend the Title XIX Medical Assistance Plan by Transmittal Number 97-15, Amendment Number 539. The amendment revises the methodology for the Medicaid Outpatient Drug (Vendor Drug) Program. The new methodology provides criteria for determining reimbursement to providers and makes changes to the percentages used in determining reimbursement for the drug products purchased through a wholesaler. The amendment is effective September 1, 1997. If additional information is needed, please contact Pat Gladden, Texas Department of Health, at (512) 338-6967. TRD-9810097 Marina S. Henderson Executive Deputy Commissioner Health and Human Services Commission Filed: June 24, 1998 Texas Department of Housing and Community Affairs Notice of the State of Texas Action Plan for Disaster Recovery Initiative Funds The Texas Department of Housing and Community Affairs announces the proposed State of Texas Action Plan For Disaster Recovery Initiative Funds. The State of Texas has received notice of approval from the U.S. Department of Housing and Urban Development for a $2,223,138 grant from the Disaster Recovery Initiative allocation. Prior to the receipt of the grant funds, the State of Texas is required to publish for public comment the proposed State of Texas Action Plan For Disaster Recovery Initiative Funds. The proposed Action Plan describes the amount of funds available, eligible applicants, eligible activities, ineligible activities, the disaster recovery plan, and other considerations for the allocation and distribution of the Disaster Recovery Initiative funds. Since the U.S. Department of Housing and Urban Development allocates Disaster Recovery Initiative funds under the Community Development Block Grant Program, the State of Texas Action Plan For Disaster Recovery Initiative Funds will become part of the 1998 State of Texas Consolidated Action Plan; specifically, part of the 1998 Consolidated Action Plan which describes the 1998 program year allocation and distribution of Community Development Block Grant funds by the Texas Community Development Program. After the public comment period for the Disaster Recovery Initiative Action Plan has ended, the final version of the State of Texas Action Plan For Disaster Recovery Initiative Funds will be submitted to the U.S. Department of Housing and Urban Development as an amendment to the 1998 Consolidated Action Plan. The proposed State of Texas Action Plan For Disaster Recovery Initiative Funds: DISASTER RECOVERY INITIATIVE ACTION PLAN A. DISASTER RECOVERY INITIATIVE AWARD On January 23, 1998, the Department of Housing and Urban Development (HUD) announced the award of $2,223,138 to the State of Texas under the HUD Disaster Recovery Initiative. The $2,223,138 award increases the State of Texas 1998 Community Development Block Grant (CDBG) allocation from $83,931,000 to $86,154,138 and increases the amount of 1998 Texas' funds allocated for Disaster Relief/Urgent Need Fund activities from $3,236,396 to $5,459,534. B. ELIGIBLE APPLICANTS FOR DISASTER RECOVERY INITIATIVE FUNDS Eligible applicants for the $2,223,138 of Disaster Recovery Initiative funds must meet the following criteria: 1. Must be a county, incorporated city, or eligible Indian tribe located in a county included in the list of counties eligible for Individual Assistance or Public Assistance through the July 7, 1997, Presidential Disaster Declaration for the Texas' counties that sustained damage from severe storms and flooding in June of 1997. The twenty-one (21) counties included in this Disaster Declaration are: Bandera, Bexar, Blanco, Burnet, Comal, Eastland, Edwards, Gillespie, Goliad, Guadalupe, Hays, Kendall, Kerr, Kimble, Llano, Mason, Medina, Real, San Saba, Travis, and Uvalde. 2. Priority for these funds will be given to eligible applicants that have not already received a Texas Community Development Program (TCDP) Disaster Relief grant for activities associated with the occurrence of this disaster. C. ELIGIBLE ACTIVITIES FOR DISASTER RECOVERY INITIATIVE FUNDS Disaster Recovery Initiative funds may supplement, but not replace, resources received from other Federal or State agencies to address the damage from the June 1997 storm and flood conditions. These funds cannot be used for activities that were reimbursable by or for which funds were made available from the Federal Emergency Management Agency, the Small Business Administration, the National Resource Conservation Service, or the U.S. Army Corps of Engineers. The funds can only be used to address damages from the storms and flooding that occurred during June of 1997. Any damages sustained in the counties named in this Disaster Declaration that were sustained from storm or flood conditions that occurred before or after June of 1997 are not eligible for assistance. The funds may be used for a wide range of activities including: 1. Acquisition, construction, reconstruction, or installation of public facilities and improvements; 2. Acquisition of real property (including the buying out of properties in a flood plain and the acquisition of relocation property; 3. Relocation payments and assistance for displaced persons, businesses, organizations, and farm operations; 4. Debris removal, clearance, and demolition; 5. Rehabilitation or reconstruction of residential structures (for low and moderate income persons) and non-residential structures; 6. Code enforcement in deteriorated or deteriorating areas, e.g., disaster areas; 7. Assistance to facilitate homeownership among low and moderate income persons; 8. Provision of public services (the TCDP cannot spend more than 25% of the Disaster Recovery Initiative funds on public service activities); 9. Activities relating to energy conservation and renewable energy resources, incorporated into recovery; 10. Provision of assistance to profit-motivated businesses to carry out economic development or recovery activities that benefit the public through job creation/retention; 11. Planning and administration costs (limited to 16% of the total grant amount); 12. Acquisition, construction, or reconstruction of buildings for the general conduct of government damaged or destroyed as a direct result of this Presidentially declared disaster; 13. Construction of new replacement housing units (for persons of low and moderate income) by units of general local government damaged or destroyed as a direct result of this Presidentially declared disaster; and 14. Reimbursement for pre-award costs for eligible costs that occurred prior to the effective date of the TCDP contract agreement but occurred on or after the incident date of the Presidentially declared disaster. The activity for which the costs are being incurred must be described in the application for funds and citizens in the applicant's jurisdiction must be informed of the amount of Disaster Recovery Initiative funds targeted for pre-award costs. The pre-award activities and costs must comply with the Environmental Review Procedures and payments for pre-award costs must be made during the 24-month contract start and end dates. The TCDP must use at least fifty percent (50%) of the Disaster Recovery Initiative funds for activities which principally benefit low and moderate income persons. Priority for the use of these funds will be given to applications that include activities principally benefitting low and moderate income persons. D. INELIGIBLE ACTIVITIES FOR DISASTER RECOVERY INITIATIVE FUNDS In addition to other activities that are ineligible for CDBG assistance, Disaster Recovery Initiative funds cannot be used for any of the following activities: 1. The construction of public facilities that did not exist prior to the June 1997 storms and floods. 2. Activities that duplicate the activities already included in the Disaster Status Reports funded by the Federal Emergency Management Agency. An application for Disaster Recovery Initiative funds can only include activities that were not contained in the Disaster Status Reports. 3. Expenses required to carry out the regular responsibilities of the unit of general local government. 4. The purchase of construction equipment is generally ineligible except for the purchase of construction equipment integral to the operation of a solid waste facility or the purchase of fire protection equipment. 5. The purchase of equipment, fixtures, motor vehicles, furnishings, or other personal property not an integral structural fixture is generally ineligible. However, funds may be used to purchase such items when necessary for the administration of disaster recovery activities, of when eligible as fire fighting equipment, or when such items constitute all or part of a public service. 6. Operation and maintenance expenses are ineligible except for expenses associated with public service activities, interim assistance, and office space for staff employed in carrying out the disaster recovery activities. 7. Income payments (a series of subsistence-type grant payments made to an individual or family or items such as food, clothing, housing, or utilities) are ineligible except that grant payments made over a period of up to three consecutive months to the provider of such items or services on behalf of an individual of family, are eligible costs. E. TCDP DISASTER RECOVERY PLAN Upon the occurrence of the severe storms and flooding in June of 1997, the Texas Department of Housing and Community Affairs response to the disaster situation followed the policies and procedures contained in the Department's Emergency Management Standard Operating Procedure and the State of Texas Emergency Management Plan. The TCDP does not have an accurate assessment of the needs in the twenty-one counties resulting from this covered disaster. As such, the TCDP overall plan for disaster recovery is to provide funding to eligible entities in accordance with the federal requirements for these funds and to ensure that these funds will not be used for activities that were reimbursable by or for which funds were made available from the Federal Emergency Management Agency, the Small Business Administration, the National Resource Conservation Service, or the U.S. Army Corps of Engineers. F. OTHER CONSIDERATIONS FOR DISASTER RECOVERY INITIATIVE FUNDS Except for the descriptions concerning the eligible applicants, eligible activities, and ineligible activities for Disaster Recovery Initiative funds, the Texas Community Development Program will follow the same general application submission and review procedures that apply to the Disaster Relief/Urgent Need Fund. Applications for these funds can be submitted on an as-needed basis and the TCDP will review each application for compliance with the applicable requirements. The decision to fund all or some of the activities included in an application will be influenced by the requirement that at least fifty-percent (50%) of the Disaster Recovery Initiative funds be used for activities that principally benefit low and moderate income persons. The maximum award from Disaster Recovery Initiative funds is set at $300,000 and the minimum award is $50,000. The monitoring standards for the Disaster Recovery Initiative funds will be the same as those described on Page 219 of the State of Texas Consolidated Plan. A copy of State Of Texas Action Plan For Disaster Recovery Initiative Funds is available for review at the Texas Department of Housing and Community Affairs, Texas Community Development Office, 507 Sabine, Suite 700, Austin. Written comments concerning this plan will be accepted for fifteen days from the date of publication and should be submitted to Anne Paddock (apaddock@tdhca.state.tx.us), Deputy General Counsel, Texas Department of Housing and Community Affairs, 507 Sabine, P.O. Box 13941, Austin, Texas 78711- 3941. TRD-9810018 Larry Paul Manley Executive Director Texas Department of Housing and Community Affairs Filed: June 23, 1998 Texas Department of Insurance Insurer Services The following applications have been filed with the Texas Department of Insurance and are under consideration: Application to change the name of MONTICELLO LIFE INSURANCE COMPANY to TRIGON HEALTH AND LIFE INSURANCE COMPANY, a foreign life company. The home office is located in Richmond, Virginia. Application for admission to Texas for MID-STATE SURETY CORPORATION, a foreign property and casualty company. The home office is located in Grosse Pointe Farms, Michigan. 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-9809929 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: June 19, 1998 The following application has been filed with the Texas Department of Insurance and is under consideration: Application to change the name of SECURITY OF AMERICA LIFE INSURANCE COMPANY to AMERICAN GENERAL LIFE INSURANCE COMPANY OF PENNSYLVANIA, a foreign life company. The home office is located in Reading, Pennsylvania. 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-9810100 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: June 24, 1998 Third Party Administrator Application The following third party administrator (TPA) application has been filed with the Texas Department of Insurance and is under consideration. Application for admission to Texas of JRH Risk Services, Inc., (doing business under the assumed name of JRH Risk Services of Texas, Inc.), a foreign third party administrator. The home office is Birmingham, Alabama. 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-9809945 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: June 22, 1998 Texas Lottery Commission Game Procedures - Instant Game Number 136 1.0 Name and Style of Game. A. The name of Instant Game Number 136 is "LUCKY STREAK". The play style of the game is a "Key Number Match with Automatic Win Feature" play style. 1.1 Price of Instant Ticket. A. Tickets for Instant Game Number 136 shall be $1.00 per ticket. 1.2 Definitions in Instant Game Number 136. A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear. B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket. C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible Play Symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, STREAK, $1.00, $2.00, $4.00, $12.00, $24.00, $50.00, $100 and $5,000. D. Play Symbol Caption - the small printed material appearing below each Play Symbol which explains the Play Symbol. One and only one of these Play Symbol Captions appears under each Play Symbol and each is printed in Caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows: Figure 1 E. Retailer Validation Code - Three small letters found under the removable scratch-off covering over the Play Symbol area, which retailers use to verify and validate instant winners. The possible validation codes are: Figure 2 Non-winning and high-tier winning tickets will have different combinations of any three of the following letters, excluding the combinations above: E, F, G, H, I, L, N, ∅, R, S, T, V, W, X All codes from $1 through $24 not used for this game are protected. Other combinations of these letters are to be used for commons and high-tier winners. The letter "∅" will only be used for the appropriate winning codes and will always have a slash through it. F. Validation Number- A unique 12 digit number appearing under the latex scratch-off covering on the front of the ticket. Nine digits of the Validation Number relate to the game Play Symbols. There is a one digit prize code and a two digit check digit, which will verify the recording accuracy of the ten digit Validation Number, or VIRN (Void If Removed Number). There is a four digit control number which will be boxed and placed randomly within the VIRN number. The Validation Number is positioned beneath the bottom row of play data in the scratched-off play area. [sup]0000. G. Low-Tier Prize - A prize of $1.00, $2.00, $4.00, $7.00, $12.00 or $24.00. H. Mid-Tier Prize - A prize of $50.00 or $100. I. High-Tier Prize - A prize of $5,000. J. Bar Code - A 20 character interleaved two of five bar code which will include a three digit game ID, the seven digit pack number and eight digits of the Validation Number and a two digit filler. The bar code appears on the back of the ticket. K. Pack-Ticket Number - A 13 digit number consisting of the three digit game number (136), a seven digit pack number and a three digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be: 136-0000001-000. L. Pack - A pack of "LUCKY STREAK" Instant Game tickets contains 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of five. Tickets 000 to 004 are on the top page, tickets 005 to 009 are on the next page, and so forth with tickets 245 to 249 on the last page. Tickets 000 and 249 will be folded down to expose the pack-ticket number through the shrink-wrap. M. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401. N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "LUCKY STREAK" Instant Game Number 136 ticket. 2.0 Determination of Prize Winners. The determination of prize winners is subject to the ticket validation requirements set forth in Texas Lottery Rule, 16 TAC sec.401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "LUCKY STREAK" Instant Game is determined once the latex on the ticket is scratched off to expose the "LUCKY NUMBER", "YOUR NUMBERS", and prize amount symbols on the front of the ticket. If any "YOUR NUMBERS" symbols match the "LUCKY NUMBER" symbol, the holder of the ticket wins the prize amount directly beneath the matching number. A ticket may contain up to four winners if there are four matches under "YOUR NUMBERS". A ticket may also be an automatic winner of the prize amount directly beneath if a STREAK symbol is uncovered. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game. 2.1 Instant Ticket Validation Requirements. A. To be a valid Instant Game ticket, all of the following requirements must be met: 1. Exactly nine Play Symbols must appear under the latex overprint on the front of the ticket; 2. Each of the Play Symbols must have a Play Symbol Caption underneath, and each Play Symbol must agree with its Play Symbol Caption; 3. Each of the Play Symbols must be present in its entirety and be fully legible; 4. Each Play Symbol Caption must be present in its entirety and be fully legible; 5. Each of the Play Symbols and the Play Symbol Captions must be printed in black ink; 6. The ticket shall be intact; 7. The Validation Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible; 8. The Validation Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket; 9. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner; 10. The ticket must not be counterfeit in whole or in part; 11. The ticket must have been issued by the Texas Lottery in an authorized manner; 12. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery; 13. The Play Symbols, Play Symbol Captions, Validation Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner; 14. The ticket must be complete and not miscut, and have exactly nine Play Symbols and exactly nine Play Symbol Captions under the latex overprint on the front of the ticket, exactly one Validation Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket; 15. The Validation Number of an apparent winning ticket shall correspond with the Texas Lottery's Validation Numbers for winning tickets, and a ticket with that Validation Number shall not have been paid previously; 16. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error; 17. Each of the nine Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures, and each of the Play Symbol Captions to those Play Symbols must be exactly one of those described in Section 1.2.D of these Game Procedures; 18. Each of the nine Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Validation Numbers must be printed in the Validation font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack- Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery; 19. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and 20. The ticket must have been received or recorded by the Texas Lottery by applicable deadlines. B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules, and any confidential validation and security tests of the Texas Lottery. C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, replace an invalid ticket with an unplayed ticket in that Instant Game (or ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket. The decision as to which action to take in the event a defective ticket is purchased is solely within the Executive Director's discretion. 2.2 Programmed Game Parameters. A. There will be no correlation between the matching symbols and the prize amount. B. Non-winning prize symbols on winning tickets will never be the same as the winning prize symbols. C. Adjacent tickets or games on adjacent tickets will not have identical patterns. D. No ticket will contain two or more like non-winning PRIZE symbols. E. Non-winning YOUR NUMBERS will be unique. 2.3 Procedure for Claiming Prizes. A. To claim a "LUCKY STREAK" Instant Game prize of $1.00, $2.00, $4.00, $7.00, $12.00, $24.00, $50.00 or $100, a claimant shall sign the back of the ticket in the space designated on the ticket and may present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer, acting pursuant to applicable Lottery rules, may validate the claim. If the Texas Lottery Retailer determines that the ticket is a valid winning ticket by validating the ticket, and the claimant presents proper identification, the Texas Lottery Retailer shall make payment of the amount due the claimant and physically void the ticket. In the event the Texas Lottery Retailer cannot validate the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures. B. To claim a "LUCKY STREAK" Instant Game prize of $5,000, the claimant must sign the winning ticket and may present it at Texas Lottery Headquarters in Austin. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly. C. As an alternative method of claiming a "LUCKY STREAK" Instant Game prize, the claimant may sign the winning ticket, thoroughly complete a claim form, and present both at any Texas Lottery Claim Center. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. A claimant may also claim a prize by signing the winning ticket, thoroughly completing a claim form, and mailing both to: Texas Lottery Commission, Post Office Box 16630, Austin, Texas 78761-6630. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly. D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be: 1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission; 2. delinquent in making child support payments administered or collected by the Attorney General; 3. delinquent in reimbursing the Texas Department of Human Services for a benefit granted in error under the food stamp program or the program of financial assistance under the Human Resource Code, Chapter 31; 4. in default on a loan made under the Education Code, Chapter 52; or 5. in default on a loan guaranteed under the Education Code, Chapter 57. E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid. 2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances: A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize; B. if there is any question regarding the identity of the claimant; C. if there is any question regarding the validity of the ticket presented for payment; or D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.E of these Game Procedures. 2.5 No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim. 2.6 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "LUCKY STREAK" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor. 2.7 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "LUCKY STREAK" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor. 2.8 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited. 3.0 Instant Ticket Ownership. A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated therefor, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated therefor, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated therefor. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment. B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket. 4.0 Number and Value of Instant Prizes. There will be approximately 20,160,000 tickets in the Instant Game Number 136. The expected number and value of prizes in the game are as follows: Figure 3 A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Executive Director. 5.0 Termination of the Instant Game. The Executive Director may, at any time, announce a termination date for the Instant Game Number 136 without advance notice, at which point no further tickets in that game may be sold. 6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game Number 136, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director. TRD-9810029 Kimberly Kiplin General Counsel Texas Lottery Commission Filed: June 23, 1998 Game Procedures-Instant Game Number 137 1.0 Name and Style of Game. A. The name of Instant Game Number 137 is "FIRE ANT FEVER". The play style of the game is a "Key Number Match with Automatic Win Feature" play style. 1.1 Price of Instant Ticket. A. Tickets for Instant Game Number 137 shall be $2.00 per ticket. 1.2 Definitions in Instant Game Number 137. A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear. B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket. C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible Play Symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, FIRE ANT, $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $24.00, $50.00, $100, $200, $1,000, $2,000 and $25,000. D. Play Symbol Caption - the small printed material appearing below each Play Symbol which explains the Play Symbol. One and only one of these Play Symbol Captions appears under each Play Symbol and each is printed in Caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows: Figure 4 graphic E. Retailer Validation Code - Three small letters found under the removable scratch-off covering over the Play Symbol area, which retailers use to verify and validate instant winners. The possible validation codes are: Figure 5 Non-winning and high-tier winning tickets will have different combinations of any three of the following letters, excluding the combinations above: E, F, G, H, I, L, N, ∅, R, S, T, V, W, X All codes from $1 through $24 not used for this game are protected. Other combinations of these letters are to be used for commons and high-tier winners. The letter "∅" will be used for the appropriate winning codes and will always have a slash through it. F. Validation Number- A unique 12 digit number appearing under the latex scratch-off covering on the front of the ticket. Nine digits of the Validation Number relate to the game Play Symbols. There is a one digit prize code and a two digit check digit, which will verify the recording accuracy of the ten digit Validation Number, or VIRN (Void If Removed Number). There is a four digit control number which will be boxed and placed randomly within the VIRN number. The Validation Number is positioned beneath the bottom row of play data in the scratched-off play area. [sup]0000 G. Low-Tier Prize - A prize of $2.00, $4.00, $7.00, $10.00, $12.00, or $24.00. H. Mid-Tier Prize - A prize of $50.00, $100 or $200. I. High-Tier Prize - A prize of $1,000, $2,000 or $25,000. J. Bar Code - A 20 character interleaved two of five bar code which will include a three digit game ID, the seven digit pack number and eight digits of the Validation Number and a two digit filler. The bar code appears on the back of the ticket. K. Pack-Ticket Number - A 13 digit number consisting of the three digit game number (137 ), a seven digit pack number and a three digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be : 137-0000001-000. L. Pack - A pack of "FIRE ANT FEVER" Instant Game tickets contains 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of two. Tickets 000 to 001 are on the top page, tickets 002 to 003 are on the next page, and so forth with tickets 248 to 249 on the last page. Ticket 249 will be folded down to expose the pack-ticket number through the shrink-wrap. M. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401. N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "FIRE ANT FEVER" Instant Game Number 137 ticket. 2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule, 16 TAC sec.401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "FIRE ANT FEVER" Instant Game is determined once the latex overprint is scratched off to expose the "LUCKY FIRE ANTS", "YOUR FIRE ANTS", and prize amount symbols on the front of the ticket. If any "YOUR FIRE ANTS" symbols match the "LUCKY FIRE ANTS" symbols, the holder of the ticket wins the prize amount directly beneath the matching number. A ticket may contain up to ten winners if there are ten matches under "YOUR FIRE ANTS". A ticket may also be an automatic winner of the prize amount directly beneath if a FIRE ANT symbol is uncovered. No portion of the display printing nor any extraneous matter whatever shall be usable or playable as a part of the Instant Game. 2.1 Instant Ticket Validation Requirements. A. To be a valid Instant Game ticket, all of the following requirements must be met: 1. Exactly 22 Play Symbols must appear under the latex overprint on the front portion of the ticket; 2. Each of the Play Symbols must have a Play Symbol Caption underneath, and each Play Symbol must agree with its Play Symbol Caption; 3. Each of the Play Symbols must be present in its entirety and be fully legible; 4. Each Play Symbol Caption must be present in its entirety and be fully legible; 5. Each of the Play Symbols and the Play Symbol Captions must be printed in black ink; 6. The ticket shall be intact; 7. The Validation Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible; 8. The Validation Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket; 9. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner; 10. The ticket must not be counterfeit in whole or in part; 11. The ticket must have been issued by the Texas Lottery in an authorized manner; 12. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery; 13. The Play Symbols, Play Symbol Captions, Validation Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner; 14. The ticket must be complete and not miscut, and have exactly 22 Play Symbols and exactly 22 Play Symbol Captions under the latex overprint on the front of the ticket, exactly one Validation Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket; 15. The Validation Number of an apparent winning ticket shall correspond with the Texas Lottery's Validation Numbers for winning tickets, and a ticket with that Validation Number shall not have been paid previously; 16. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error; 17. Each of the 22 Play Symbols must be exactly one of those described in Section 1.2.C, of these Game Procedures, and each of the Play Symbol Captions to those Play Symbols must be exactly one of those described in Section 1.2.D, of these Game Procedures; 18. Each of the 22 Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Validation Numbers must be printed in the Validation font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack- Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery; 19. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and 20. The ticket must have been received or recorded by the Texas Lottery by applicable deadlines. B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules, and any confidential validation and security tests of the Texas Lottery. C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, replace an invalid ticket with an unplayed ticket in that Instant Game (or ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket. The decision as to which action to take in the event a defective ticket is purchased is solely within the Executive Director's discretion. 2.2 Programmed Game Parameters. A. There will be no correlation between the matching symbols and the prize amount. B. Non-winning prize symbols on winning tickets will never be the same as the winning prize symbols. C. Adjacent tickets will not have identical patterns. D. There will never be two or more identical non-winning YOUR FIRE ANTS play symbols. E. There will never be three or more identical non-winning PRIZE symbols. F. There will never be two identical LUCKY FIRE ANT play symbols. G. Fire Ant symbols will never appear as a LUCKY FIRE ANT play spot. 2.3 Procedure for Claiming Prizes. A. To claim a "FIRE ANT FEVER" Instant Game prize of $2.00, $4.00, $7.00, $10.00, $12.00, $24.00, $50.00, $100 or $200, a claimant shall sign the back of the ticket in the space designated on the ticket and may present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer, acting pursuant to applicable Lottery rules, may validate the claim. If the Texas Lottery Retailer determines that the ticket is a valid winning ticket by validating the ticket, and the claimant presents proper identification, the Texas Lottery Retailer shall make payment of the amount due the claimant and physically void the ticket. In the event the Texas Lottery Retailer cannot validate the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures. B. To claim a "FIRE ANT FEVER" Instant Game prize of $1,000, $2,000 or $25,000, the claimant must sign the winning ticket, thoroughly complete a claim form, and may present both at Texas Lottery Headquarters in Austin. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly. C. As an alternative method of claiming a "FIRE ANT FEVER" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and may present both at any Texas Lottery claim center. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. A claimant may also claim a prize by signing the winning ticket, thoroughly completing a claim form, and mailing both to: Texas Lottery Commission, Post Office Box 16630, Austin, Texas 78761-6630. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly. D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be: 1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission; 2. delinquent in making child support payments administered or collected by the Attorney General; 3. delinquent in reimbursing the Texas Department of Human Services for a benefit granted in error under the food stamp program or the program of financial assistance under the Human Resource Code, Chapter 31; 4. in default on a loan made under the Education Code, Chapter 52; or 5. in default on a loan guaranteed under the Education Code, Chapter 57. E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid. 2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances: A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize; B. if there is any question regarding the identity of the claimant; C. if there is any question regarding the validity of the ticket presented for payment; or D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.E, of these Game Procedures. 2.5 No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim. 2.6 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "FIRE ANT FEVER" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor. 2.7 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "FIRE ANT FEVER" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor. 2.8 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited. 3.0 Instant Ticket Ownership. A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated therefor, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated therefor, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated therefor. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment. B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket. 4.0 Number and Value of Instant Prizes. There will be approximately 24,960,000 tickets in the Instant Game Number 137. The expected number and value of prizes in the game are as follows: Figure 6 A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Executive Director. 5.0 Termination of the Instant Game. The Executive Director may, at any time, announce a termination date for the Instant Game Number 137 without advance notice, at which point no further tickets in that game may be sold. 6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game Number 137, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director. TRD-9810028 Kimberly Kiplin General Counsel Texas Lottery Commission Filed: June 23, 1998 Texas Low-Level Radioactive Waste Disposal Authority Request for Proposal for Financial Advisor This request for proposal is filed under the provisions of Texas Civil Statutes, Health and Safety Code, Chapter 402. The Texas Low-Level Radioactive Waste Authority (the "Authority") seeks proposals in response to this Request for Proposals (RFP) from firms with qualifications and experience required to provide financial advisory services to the Authority. The Authority hopes to issue revenue bonds in a maximum principal amount of $55 million prior to August 31, 2000. The Authority was created in 1981 by the Sixty-seventh Texas Legislature to select, construct, operate, finance, and close a facility for the disposal of low-level radioactive waste (Chapter 402, Health and Safety Code). Under Subchapter K of Chapter 402, Health and Safety Code, the Authority may issue, sell, and provide for the retirement of revenue bonds to pay the expenses of constructing a disposal site (the "Project"). The proceeds of such bonds may also be used to create needed reserve funds and to pay for capitalized interest, as well as to pay expenses associated with the issuance and sale of such bonds. The bonds are subject to the approval of the Attorney General of Texas and the Bond Review Board, as well as registration by the Comptroller of Public Accounts, all of the State of Texas. The bonds may be sold at public or private sale in a manner provided by the board of directors of the Authority. The bonds will not be a debt or a pledge of the faith and credit of the State of Texas, the Authority, or any public entity and shall be payable from receipts collected by the Authority and pledged to the payment of the bonds. The faith and credit and the taxing power of the State of Texas or of any public entity is not or cannot be pledged to the payment of the principal of or interest on the bonds. The Authority is governed by a six-member board of directors (the "Board"), appointed by the governor with the advice and consent of the senate for six-year staggered terms. The Authority is operated with a staff of 17 employees, headed by a general manager, Lawrence R. Jacobi, Jr., P.E. Mr. Jacobi has served as the general manager since September 1982. Proposals are due no later than 5:00 p.m., August 7, 1998, as follows: Five copies shall be mailed or hand-delivered to: Lawrence R. Jacobi, Jr., P.E. Texas Low-Level Radioactive Waste Disposal Authority 7701 North Lamar Boulevard, Suite 300 Austin, TX 78752 A duly authorized representative of the firm must execute the submittal proposal. An unsigned proposal will not be accepted. Clearly mark the envelopes containing the proposals with the following phrase in the lower left hand corner: "IN RESPONSE TO RFP: FINANCIAL ADVISOR." All proposals become the property of the Authority. Proposals must set forth accurate and complete information as required by this RFP. Oral instructions or offers will not be considered. Information may be obtained by calling Lee H. Mathews, Deputy General Manager and General Counsel at 512/206-3932. The Authority reserves the right to negotiate individual elements of any proposal and to reject any and all proposals. The financial advisor is to be responsible for all duties and services necessary or advisable to facilitate the issuance of bonds and other obligations, including but not limited to: (1) devising and recommending to the Board a plan of financing for bonds to be issued, which plan shall include a maturity schedule and other terms and conditions, which will result in the most advantageous terms to the Authority, consistent with a minimum effective interest rate; (2) determining the timing of the offering and the sizing of the issue; (3) participating in document preparation and assisting bond counsel in the coordination of the offering; (4) preparing such information, as necessary, for the rating agencies and upon Authority approval, assisting in the presentations to such agencies; (5) participating in and preparation of a preliminary official statement (POS) and an official statement (OS) and delivery of camera-ready copy to the printer; (6) advising the Authority concerning the need for credit enhancement and assisting in the relevant negotiations; (7) assisting in the approval process of the Texas Bond Review Board and any other agency as necessary to the issuance of the bonds; (8) answering questions or requests for additional information from prospective purchasers; (9) advising the Authority with respect to the investment of bond proceeds and the accounting of arbitrage earnings; (10) advising the Authority in providing information to various legislators, state agencies, and other persons; (11) advising the staff of the Authority and the Board of ongoing developments in the bond industry as they affect the Authority, including refunding possibilities; (12) soliciting bids for, contracting with, and paying, on behalf of the Authority, fees associated with the printing of bond offering documents, ratings, trustee and paying agent fees and related services when necessary; (13) monitoring and controlling the costs of fees and expenses incurred in connection with the issuance of the bonds; (14) assisting in closing details and post-closing duties, including the development of a final report to the Bond Review Board to include a verification of all costs of issuance and preparation of a complete bond transcript; and (15) all other matters necessary or incidental to the issuance of bonds. In addition, the financial advisor shall advise the Authority on any matters that might have an effect on the Authority or any of its bonds. The contract term is to be for the state fiscal year beginning on September 1, 1998, and ending on August 31, 1999. The contract may be extended from year-to- year. The Board retains the right to negotiate all elements of the contract. The Board also retains the right to terminate the contract for any reason and at any time upon the payment of earned fees and expenses. The following is a suggested format for the submission of Proposals: (1) For the most recent three years, list previous financial advisor, financial consultant, or negotiated underwriting experience involving bonds or other obligations to finance facilities similar to those to be constructed by the Authority. (2) For the most recent three years, list previous financial advisor, financial consultant, or negotiated underwriting experience with governmental entities in Texas. (3) Describe any innovations developed by the firm for tax-exempt security issues, briefly outlining the problem, the solution, and the result, particularly any that relate to the type of financing contemplated by the Authority. (4) Outline the firm's general experience during the past three years with the major rating agencies. Discuss this experience and its potential applicability to the Authority. (5) Name the individuals and provide resumes for those individuals who would be assigned to act as financial advisor(s) to the Authority. Please indicate the role the individuals assumed in the three-year history of financial advisor relationships as described in questions (1) and (2) listed previously. Indicate their particular expertise and how it would benefit the Authority. (6) Clearly specify the firm's proposed hourly fee and fee based on a per $1,000 bond basis with a maximum amount. Discussion of other forms and amount of compensation may be included as additional information. If the firm proposes that the Authority bear the costs of incidental expenses associated with a financing or the anticipated day-to-day interaction, clearly state what type of incidental expenses, rate, and costs the Board will be expected to bear. The Board does not intend to pay for time spent in travel unless specifically authorized. (7) Discuss the management philosophy of the firm as it relates to the control of fees and expenses and the allowances for non-billable time. Explain your billing procedure. (8) Provide any other information about the firm that you feel is relevant to the consideration of your firm being chosen as financial advisor. The Authority has previously contracted for financial advisor services with Public Financial Management, Inc. (PFM) of Austin, Texas. The Authority proposes to continue those services with PFM unless a better proposal is received. The Board will make its selection based on demonstrated competence, experience, knowledge, and qualifications, as well as the reasonableness of the proposed fee. Significant weight will be given to demonstrated experience with financing for facilities similar to those proposed to be financed by the Authority. It is the policy of the Authority to encourage the participation of minorities and women in all facets of the agency's activities. To this end, the extent to which minorities and women participate in the ownership, management and professional work force of a firm will be considered by the Board in the selection of a firm to serve as financial advisor. Applicants are therefore requested to submit a current profile of their firm on the form attached to the RFP. [graphic] All costs directly or indirectly related to preparation of a response to the RFP or any oral presentation required to supplement and/or clarify the RFP which may be required by the Authority shall be the sole responsibilities of, and shall be borne by, your firm. The Authority during the proposal evaluation process or prior to contract award shall not release information submitted relative to this Request. All proposals shall be deemed, once submitted, to be the property of the Authority and subject to the Texas Open Records Act. TRD-9809974 Lee H. Mathews Deputy General Manager and General Counsel Texas Low-Level Radioactive Waste Disposal Authority Filed: June 22, 1998 Request for Proposal for Outside Counsel The Texas Low-Level Radioactive Waste Disposal Authority (the Authority) seeks proposals in response to this Request for Proposals (RFP) from law firms interested in providing outside counsel services for the Authority. The Authority was created in 1981 by the Sixty-seventh Texas Legislature to select, construct, operate, finance, and close a facility for the disposal of low-level radioactive waste (Chapter 402, Health and Safety Code). The Authority anticipates receiving an operating license for a disposal site in Hudspeth County, Texas. On March 4, 1998, the Ysleta Del Sur Pueblo (Tigua Indian Tribe) filed a lawsuit in the United States District Court for the Western District of Texas, Pecos Division (Cause Number P 98 CA 21), against the Authority's board of directors and general manager, requesting the court to eject the defendants from the Hudspeth County facility location on the basis of plaintiff's claims of aboriginal rights to the property. The Authority is being defended in the lawsuit by the Texas Attorney General's Office. The Authority requests the assistance of outside counsel in advising the Authority and Attorney General concerning all aspects of practice and procedure in the Western District of Texas, Pecos Division. An applicant should have at least eight to ten years of practice in the Western District of Texas, Pecos Division and should be thoroughly experienced in both bench and jury trials in the District. The contract with outside counsel shall not exceed $30,000, plus reasonable expenses. No representation in post-trial court matters is solicited. The board intends to select outside counsel at its quarterly meeting in August 1998, or at a later meeting. Each proposer must provide the following information. Failure to include all the information required may result in disqualification of a proposal. 1. A description of the firm's qualifications for performing the legal services, including the firm's prior experience in court proceedings in the Western District, including the names, experience, and technical expertise of the attorneys who will be assigned to work on such matters. 2. Information regarding efforts of the firm to encourage and develop the participation of minorities and women in the provision of legal services in the firm, including completion of the grid on women and minorities attached hereto. [graphic] 3. Fee information, either in the form of hourly rates for each attorney who may be assigned to perform services in relation to this matter, flat fees, or other fee arrangements directly related to the achievement of specific goals and cost controls, and billable expenses. Fee information for paralegals should be included. If a flat fee is proposed, the proposal should state that in no event will the fee exceed the quoted amount. 4. Affirmation that counsel has not represented any client in any matter pending before the Authority during the six month period preceding the proposal, and that it will not represent any client in any capacity concerning any matter pending before the Authority during the existence of a contract with the Authority, nor for a six month period following the termination of the contract. Further, counsel must affirm that it does not represent any plaintiff in a proceeding seeking monetary damages from the State of Texas or any of its agencies. In addition, counsel must affirm that, during the term of the contract and any renewals of the contract, it will not undertake any representation of a plaintiff in a proceeding seeking monetary damages from the State of Texas or any of its agencies. 5. A statement of willingness to comply with policies, directives, and guidelines of the Authority and the Attorney General of the State of Texas. The Authority intends to select the proposal that demonstrates the highest degree of competency and the necessary qualifications and experience in providing the requested legal services at fair and reasonable prices. The Authority retains the right to negotiate all elements of the contract for legal services. The contract for legal services may be terminated for any reason, subject to 30 days prior written notice, and upon payment of earned fees and expenses accrued as of the date of the notice of termination. The Authority may in its sole discretion reject any and all responses to this RFP or may cancel the RFP if it is deemed in the best interests of the Authority to do so. Issuance of this RFP does not constitute a commitment by the Authority to award a contract, nor to pay for any legal services incurred either in the preparation of a response to this RFP or the production of any contract for legal services. Any proposal may be modified or withdrawn, even after received by the Authority, any time prior to the proposal due date. No material changes will be allowed after the expiration of the proposed due date; however, non-substantive corrections or deletions may be made with the approval of the Authority. All proposals must be received in the offices of the Authority by no later than 1:00 p.m. on Monday, July 27, 1998. Proposals received after that time and date will not be considered. A duly authorized representative of the proposer must execute the submitted proposal. An unsigned proposal will be rejected. Proposers should submit one original and two copies of their proposal to: Lee H. Mathews, General Counsel Texas Low-Level Radioactive Waste Disposal Authority 7701 North Lamar, Suite 300 Austin, Texas 78752 All proposals become the property of the Authority. Proposals must set forth accurate and complete information as required by this RFP. Oral instructions or offers will not be considered. TRD-9810004 Lee H. Mathews Deputy General Manager and General Counsel Texas Low-Level Radioactive Waste Disposal Authority Filed: June 23, 1998 Texas Natural Resource Conservation Commission Enforcement Orders An order was entered regarding WALTIR FAY COMPANY DBA ACME GRAVEL COMPANY, Docket Number 96-0024-MSW-E; SOAH Docket Number 582-97-1217 on June 8, 1998 assessing $9200 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Mary Risner, Staff Attorney at (512)239-6224 or Carol Piza, Enforcement Coordinator at (512)239-6729, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding ALLWASTE RECOVERY SYSTEMS INC, Docket Number 96-1895-IHW-E; SWR Number 40759 on June 5, 1998 assessing $15,000 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Kathy Keils, Staff Attorney at (512)239-3400 or Susan Johnson, Enforcement Coordinator at (512)239-2555, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding JAMES OSWALT DBA JAMES OSWALT ROOFING DISPOSAL SYSTEM, Docket Number 96-1357-MSW-E; SOAH Docket Number 582-97-1442 on June 4, 1998 assessing $6,480 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Kara Salmanson, Staff Attorney at (512)239-1738 or Lisa Dyer, Staff Attorney at (512)239-5692, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding JAMES CARTER, Docket Number 96-1301-PST-E; Facility ID Number 11372; Enforcement ID Number 4287 on June 1, 1998 assessing $17,200 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Booker Harrison, Staff Attorney at (512)239-4113 or Sushil Modak, Enforcement Coordinator at (512)239-2142, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding B L PHILLIPS WATER SYSTEM, Docket Number 96-1449-PWS-E; SOAH Docket Number 582-97-2128 on June 1, 1998 assessing $3,170 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Barbara M Lazard, Staff Attorney at (512)239-0674, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding TEXAS DEPARTMENT OF PUBLIC SAFETY, Docket Number 97-0689-PST-E; Facility ID Number 4748; Enforcement ID Number 11510 on June 1, 1998 assessing $32,750 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Cecily Small Gooch, Staff Attorney at (512)239-2940 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 DANIEL R. PRIEST, Docket Number 96-0302- PST-E; Facility ID Number 47535; Enforcement ID Number 5094 on June 1, 1998 assessing $5,000 in administrative penalties with $4,400 deferred. Information concerning any aspect of this order may be obtained by contacting 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 MS. GITA KIANI, Docket Number 97-0845-PST- E; Facility ID Number 58198; Enforcement ID Number 11801 on June 1, 1998 assessing $11,000 in administrative penalties with $2,200 deferred. Information concerning any aspect of this order may be obtained by contacting Sushil Modak, Enforcement Coordinator at (512)239-2142, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding MR. GEORGE JACKSON DBA TRUCK CENTER LIMITED, Docket Number 98-0073-PST-E; PST Owner ID Number 33045 on June 1, 1998. Information concerning any aspect of this order may be obtained by contacting Walter Ehresman, Staff Attorney at (512)239-0573, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding B.J. SERVICES COMPANY U.S.A., Docket Number 97-0911-IHW-E; SWR Number 39885; Enforcement ID Number 1648 on June 1, 1998. Information concerning any aspect of this order may be obtained by contacting Thomas Jecha, Enforcement Coordinator at (512)239-2576, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding KOPPERS INDUSTRIES, Docket Number 97-0868- IHW-E; SWR Number 83899; Enforcement ID Number 11442 on June 1, 1998 assessing $600 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting J. Mac Vilas, Enforcement Coordinator at (512)239-2557, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding VALERO REFINING COMPANY, Docket Number 97- 0358-IHW-E; SWR 30478 on June 1, 1998 assessing $8,000 in administrative penalties with $1,600 deferred. Information concerning any aspect of this order may be obtained by contacting J. Mac Vilas, Enforcement Coordinator at (512)239-2557, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding CITY OF LYTLE, Docket Number 97-0333-MWD- E; Permit Number 10096-001 on June 1, 1998 assessing $750 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Brian Lehmkuhle, Enforcement Coordinator at (512)239-4482, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding LEE COUNTY FRESH WATER SUPPLY DISTRICT Number 1, Docket Number 97-0581-MWD-E; Permit Number 12007-001 on June 1, 1998 assessing $1,800 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Brian Lehmkuhle, Enforcement Coordinator at (512)239-4482, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding CYPRESS BUSINESS PARK, INC., Docket Number 97-0549-PWS-E; PWS Number 1012908; Enforcement ID Number 11441 on June 1, 1998 assessing $630 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Bhasker Reddi, Enforcement Coordinator at (512)239-6646, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding GEORGE DERRICK DBA COUGAR COUNTRY WATER SYSTEM, Docket Number 96-0584-PWS-E; TNRCC ID Number 1210019; Enforcement ID Number 6708 on June 1, 1998 assessing $23,430 in administrative penalties with $22,830 deferred. Information concerning any aspect of this order may be obtained by contacting Cecily Small Gooch, Staff Attorney at (512)239-2940 or Katharine Wheatley, Enforcement Coordinator at (512)239-4757, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. A default order was entered regarding CHARLES F. PIAR DBA COZY WATER WORKS, Docket Number 96-0535-PWS-E; TNRCC ID Number 0570142; Enforcement ID Number 6264 on June 1, 1998 assessing $8,990 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Tracy Harrison, Staff Attorney at (512)239-1736 or 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 MOBIL CHEMICAL COMPANY, Docket Number 97- 1105-AIR-E; Account Number JE-0062-S; Enforcement ID Number 665 on June 1, 1998 assessing $31,277 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Lawrence King, Enforcement Coordinator at (512)239-1405, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding TEXAS DEPARTMENT OF CRIMINAL JUSTICE, Docket Number 97-1104-AIR-E; Account Number TJ-0044-U; Enforcement ID Number 5502 on June 1, 1998 assessing $801 in administrative penalties with $160 deferred. Information concerning any aspect of this order may be obtained by contacting Lawrence King, Enforcement Coordinator at (512)239-1405, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding PEARLAND INDUSTRIES, INCORPORATED, Docket Number 97-1056-AIR-E; Account Number HX-0891-A; Enforcement ID Number 11921 on June 1, 1998 assessing $3,300 in administrative penalties with $660 deferred. Information concerning any aspect of this order may be obtained by contacting Carl Schnitz, Enforcement Coordinator at (512)239-1892, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding DSI TRANSPORTS, INC., Docket Number 97- 1025-AIR-E; Account Number HG-1067-A; Enforcement ID Number 11937 on June 1, 1998 assessing $15,400 in administrative penalties with $3,080 deferred. Information concerning any aspect of this order may be obtained by contacting 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 OWENS CORNING FORMERLY WESTERN FIBERGLASS OF TEXAS, INC., Docket Number 97-0623-AIR-E; Account AA-0044-U; Enforcement ID Number 11514 on June 1, 1998 assessing $88,250 in administrative penalties with $17,650 deferred. Information concerning any aspect of this order may be obtained by contacting Suzanne Walrath, Enforcement Coordinator at (512)239-2134, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding PHELPS DODGE MAGNET WIRE COMPANY, Docket Number 97-0820-AIR-E; Account Number EE-0377-Q; Enforcement ID Number 8429 on June 1, 1998 assessing $6,000 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Sheila Smith, Enforcement Coordinator at (512)239-1670, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding RODOLFO NUNEZ DBA WILLIAMS BODY SHOP, Docket Number 96-1505-AIR-E; TNRCC ID Number EE-1472-O; Enforcement ID Number 337 on June 1, 1998 assessing $500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Barbara Lazard, Staff Attorney at (512)239-0674 or Suzanne Walrath, Enforcement Coordinator at (512)239-2134, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding JONES AND SONS AUTO SALES, Docket Number 97-1139-AIR-E; Account Number KB-0155-D; Enforcement ID Number 704 on June 1, 1998 assessing $750 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Kevin Cauble, Enforcement Coordinator at (512)239-1874, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding DANNY J. BOWEN DBA DAN-D AUTO SALES, Docket Number 97-0924-AIR-E; TNRCC ID Number TA3598W; Enforcement ID Number 11924 on June 1, 1998 assessing $500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Barbara Lazard, Staff Attorney at (512)239-0674 or Mary Jennings, Enforcement Coordinator at (512)239-1864, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding FAST LUBE - TIGUA, Docket Number 97-0769- AIR-E; TNRCC ID Number EE-0880-C; Enforcement ID Number 301 on June 1, 1998 assessing $1,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting William Foster, Staff Attorney at (512)239-3407 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 BUCHANAN'S AUTO SALES, Docket Number 97- 1067-AIR-E; Account Number DB-2437-N; Enforcement ID Number 181 on June 1, 1998 assessing $500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Mike Smithson, Enforcement Coordinator at (817)469-6750, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding IKARD & NEWSOM, Docket Number 97-1120-AIR- E; Account Number EE-0971-V; Enforcement ID Number 304 on June 1, 1998 assessing $2,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting 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 ABILENE AG SERVICE AND SUPPLY, INCORPORATED, Docket Number 97-1108-AIR-E; Account Number TB-0081-F; Enforcement ID Number 11887 on June 1, 1998 assessing $7,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Stacey Young, Enforcement Coordinator at (512)239-1899, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. A default order was entered regarding EAST LOOP SUBDIVISION HOME OWNER'S ASSOC., Docket Number 97-0465-MWD-E; TNRCC ID Number 11949-001; Enforcement ID Number 8585 on June 5, 1998 assessing $4,080 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Cecily Small Gooch, Staff Attorney at (512)239-2940 or Michael Meyer, Enforcement Coordinator at (512)239-4492, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding BILL IVEY DBA TERLINGUA GHOST TOWN, Docket Number 97-0555-PWS-E; Enforcement ID Number 6143 on June 5, 1998 assessing $630 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 BEN WALTERS DBA OWL CREEK PARK WATER SUPPLY, Docket Number 96-1648-PWS-E; PWS 0140163; Enforcement ID Number 6049 on June 5, 1998 assessing $600 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Kara Salmanson, Staff Attorney at (512)239-1738 or Katharine Wheatley, Enforcement Coordinator at (512)239-4757, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding BUTCH JOHNSON DBA BRANCHWOOD WATER SUPPLY CORPORATION, Docket Number 97-0673-PWS-E; PWS Number 1870158 on June 5, 1998 assessing $630 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Kara Salmanson, Staff Attorney at (512)239-1738 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 BLACK ROCK WATER SUPPLY CORPORATION, Docket Number 97-1015-PWS-E; PWS 0610040; Enforcement ID Number 11903 on June 5, 1998 assessing $100 in administrative penalties with $25 deferred. Information concerning any aspect of this order may be obtained by contacting Gilbert Angelle, Enforcement Coordinator at (512)239-4489, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding EMIL BERNARD HALL DBA COW CREEK LAKESIDE LODGE WATER SYSTEM, Docket Number 97-0973-PWS-E; PWS 2270330; Enforcement ID Number 11816 on June 5, 1998 assessing $900 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting John Peeler, Staff Attorney at (512)239-3506 or 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 JANET AMIDON DBA SMITHWICK MILLS COMMUNITY WATER SYSTEM, Docket Number 96-1221-PWS-E; PWS Number 0270045; CCN Number 12221 on June 5, 1998 assessing $620 in administrative penalties. 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. A default order was entered regarding DEXTER MONROE DBA DAL HIGH WATER SYSTEM, Docket Number 96-1967-PWS-E; TNRCC ID Number 1070159; Enforcement ID Number 6625 on June 5, 1998 assessing $5,765 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Tracy Harrison, Staff Attorney at (512)239-1736 or Tom Napier, Enforcement Coordinator at (512)239-6063, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. A default order was entered regarding THE OLD PLACE, INC., Docket Number 97- 0631-PWS-E; TNRCC ID Number 0200549 on June 5, 1998 assessing $480 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Mary Risner, Staff Attorney at (512)239-6224 or Katharine Wheatley, Enforcement Coordinator at (512)239-4757, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding PETRON, Docket Number 97-1057-PST-E; PST Facility ID Number 67121; Enforcement ID Number 11923 on June 5, 1998 assessing $4,000 in administrative penalties with $800 deferred. Information concerning any aspect of this order may be obtained by contacting Susan Kelly, Enforcement Coordinator at (409)898-3838, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. A default order was entered regarding SHAW GAS MART AND MOHAMMED HUSAINAT, Docket Number 96-1066-PST-E; Facility ID Number 40110; Enforcement ID Number E11127 on June 5, 1998 assessing $10,000 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Kathy Keils, Staff Attorney at (512)239-0678 or Gloria Stanford, Enforcement Coordinator at (512)239-1871, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding LAURENCE CLOWDUS, Docket Number 97-0607- AGR-E; No TNRCC Permit on June 5, 1998 assessing $12,200 in administrative penalties with $11,640 deferred. Information concerning any aspect of this order may be obtained by contacting Merrilee Mears, Enforcement Coordinator at (512)239-4490, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding PAUL VAN LEEUWEN, ANDY VAN DIE, AND TRIPLE DUTCH DAIRY, Docket Number 96-1761-AGR-E; TNRCC ID Number 02922; Enforcement ID Number 9558 on June 5, 1998 assessing $11,220 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Guy Henry, Staff Attorney at (512)239-6259 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 GERALD OOSTEN DBA G&HOLSTEINS, Docket Number 97-0960-AGR-E; Permit Number 03142; Enforcement ID Number 9542 on June 5, 1998 assessing $3,920 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting 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 BOB JANSEN, Docket Number 97-0918-AGR-E; No Permit; Enforcement ID Number 11684 on June 5, 1998 assessing $6,160 in administrative penalties with $1,232 deferred. Information concerning any aspect of this order may be obtained by contacting 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 BAKER PETROLITE, A BAKER HUGHES COMPANY, FORMERLY PETROLITE CORPORATION, Docket Number 98-0447-AIR-E; Account Number HG- 0564-L; Enforcement ID Number 478 on June 5, 1998 assessing $8,000 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Carl Schnitz, Enforcement Coordinator at (512)239-1892, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding FLOYD HARRISON DBA EULESS AUTO SALES, Docket Number 98-0022-AIR-E; Account Number TA-2840-W; Enforcement ID Number 871 on June 5, 1998 assessing $550 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting 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 ROBERT VILLANUEVA DBA P & C MOTORS, Docket Number 97-1155-AIR-E; Account Number DB-3383-E; Enforcement ID Number 12080 on June 5, 1998 assessing $500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Michael De La Cruz, Enforcement Coordinator at (817)469-6750 or Mary Jennings, Enforcement Coordinator at (512)239-1865, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding COMMERCIAL METALS-AUSTIN, INCORPORATED, Docket Number 97-1023-AIR-E; Account Number TH-0067-C; Enforcement ID Number 10068 on June 5, 1998 assessing $1,250 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Tel Croston, Enforcement Coordinator at (512)239-5717, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding TEX PAC HIDE & SKIN, Docket Number 98- 0172-AIR-E; Account Number TA-2754-Q; Enforcement ID Number 11992 on June 5, 1998 assessing $3,125 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Suzanne Walrath, Enforcement Coordinator at (512)239-2134, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding COASTLINE CONTRACTORS, INCORPORATED, Docket Number 97-0880-AIR-E; Account Number JC-0043-V; Enforcement ID Number 11743 on June 5, 1998 assessing $4,000 in administrative penalties with $800 deferred. Information concerning any aspect of this order may be obtained by contacting Sheila Smith, Enforcement Coordinator at (512)239-1670, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding KAR KING AUTO SALES, Docket Number 97- 0859-AIR-E; TNRCC ID Number DB-2054-K; Enforcement ID Number 10547 on June 5, 1998 assessing $500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting John Peeler, Staff Attorney at (512)239-3506 or Mary Jennings, Enforcement Coordinator at (512)239-1864, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding BORDER STEEL, INCORPORATED, Docket Number 97-0826-AIR-E; TNRCC ID Number EE-0011-P; Enforcement ID Number 1246 on June 5, 1998 assessing $2,000 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Kara Salmanson, Staff Attorney at (512)239-1738 or Stacey Young, Enforcement Coordinator at (512)239-1899, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. A default order was entered regarding WILLIAM D. WALTON, Docket Number 96-1832- AIR-E; TNRCC ID Number DB-3982-W; Enforcement ID Number 226 on June 5, 1998 assessing $1,000 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Mary Risner, Staff Attorney at (512)239-6224 or Tel Croston, Enforcement Coordinator at (512)239-5717, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding WILLIAM E. HARTZOG DBA LONE WILLOW MOBILE HOME PARK, Docket Number 97-1148-MWD-E; TNRCC Permit Number 12917-001; Enforcement ID Number 11826 on June 5, 1998. 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 MONTGOMERY COUNTY MUNICIPAL TILITY DISTRICT Number 24, Docket Number 97-0978-MWD-E; Permit Number 11789-001; Enforcement ID Number 11733 on June 5, 1998 assessing $10,480 in administrative penalties with $9,880 deferred. Information concerning any aspect of this order may be obtained by contacting Gilbert Angelle, Enforcement Coordinator at (512)239-4489, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding CITY OF FREDERICKSBURG, Docket Number 97- 0317-MWD-E; Permit Number 10171-001 on June 5, 1998 assessing $16,000 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Kathy Keils, Staff Attorney at (512)239-0678 or Laurie Eaves, Enforcement Coordinator at (512)239-4495, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding CITY OF SAN BENITO, Docket Number 97-0914- MWD-E; TNRCC ID Number 10473-002; Enforcement ID Number 11466 on June 5, 1998 assessing $13,280 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Tracy Harrison, Staff Attorney at (512)239-1736 or Brian Lehmkuhle, Enforcement Coordinator at (512)239-4482, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding CITY OF PALESTINE, Docket Number 97-0168- MWD-E; Permit Number 10244-002 on June 5, 1998 assessing $13,280 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Kathy Keils, Staff Attorney at (512)239-0678 or Michael Meyer, Enforcement Coordinator at (512)239-4492, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding CITY OF OAKWOOD, Docket Number 97-0409- MWD-E; Permit Number 10586-001 on June 5, 1998 assessing $2,330 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Brian Lehmkuhle, Enforcement Coordinator at (512)239-4482, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding JOSEPH WAYNE KITTRELL, Docket Number 96- 1917-SLG-E; Registration Number 22105 on June 5, 1998 assessing $5,060 in administrative penalties with $5,060 deferred. Information concerning any aspect of this order may be obtained by contacting Guy Henry, Staff Attorney at (512)239-6259 or Merrilee Mears, Enforcement Coordinator at (512)239-4490, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding BEACON ESTATES WATER SUPPLY CORPORATION, Docket Number 97-0504-MLM-E; PWS Number 2370047; Permit Number 12848-001; CCN Number 11854 on June 5, 1998 assessing $25,115 in administrative penalties with $13,115 deferred. Information concerning any aspect of this order may be obtained by contacting Kathy Keils, Staff Attorney at (512)239-6095, Terry Thompson, Enforcement Coordinator at (512)239-6095 or Brian Lehmkuhle, Enforcement Coordinator at (512)239-4482, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. TRD-9810054 Eugenia K. Brumm,Ph.D. Chief Clerk Texas Natural Resource Conservation Commission Filed: June 23, 1998 Notice of Availability The Texas Natural Resource Conservation Commission (TNRCC) furnishes this notice of availability of a draft regulatory guidance document for a 45 day period for public comment. Notice is hereby given that a draft regulatory guidance document entitled Implementing Texas Water Quality Certification Rules is available for public review and comment. The document is designed to provide assistance, information, and clarity in the state 401 certification review of Section 404 permit applications. States have the authority under Section 401 of the Federal Clean Water Act to review federal licenses and permits that may result in a discharge of pollutants into waters of the United States for compliance with state surface water quality standards. Based upon the review, the state determines whether to certify the permit or license. The procedures and criteria for the application, processing and review of water quality certifications are found under Chapter 279 of the TNRCC rules. The document is specifically written to provide guidance for the review of projects requiring a Section 404 permit for the discharge of dredge or fill material into waters of the U.S., including wetlands. It explains how the Chapter 279 rules are implemented by laying out the procedures for acquiring 401 certification and detailing the policies that direct how certification decisions are made. The information contained in the document is intended to assist applicants, provide more predictability and consistency to the 401 certification review and improve coordination between state and federal agencies involved in the Section 401 and Section 404 programs. Written comments on the draft regulatory guidance document may be submitted to Carol Kim, Water Policy and Regulations Division, TNRCC, MC-204, P.O. Box 13087, Austin, TX 78711-3087 Comments may be faxed to (512) 239-6195, but must be followed up with the submission and receipt of the written comments within three working days of when they were faxed. Written comments must be received by 5:00 p.m., August 18, 1998. Copies of the draft regulatory guidance document can be obtained by contacting Carol Kim at (512) 239-3670 or by submitting an email request to ckim@tnrcc.state.tx.us. TRD-9810062 Kevin McCalla Director, Legal Services Texas Natural Resource Conservation Commission Filed: June 24, 1998 Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions The Texas Natural Resource Conservation Commission (TNRCC or commission) Staff is providing an opportunity for written public comment on the listed Default Orders. The TNRCC Staff proposes Default Orders when the Staff has sent an Executive Director's Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance, and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPR. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the TNRCC pursuant to the Texas Water Code, sec.7.075, this notice of the proposed orders and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is August 1, 1998. The TNRCC will consider any written comments received and the TNRCC may withdraw or withhold approval of a Default Order if a comment discloses facts or considerations that indicate that the proposed Default Order is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's jurisdiction, or the TNRCC's orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed Default Order is not required to be published if those changes are made in response to written comments. A copy of each of the proposed Default Orders is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Written comments about these Default Orders should be sent to the attorney designated for each Default Order 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 August 1, 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 Default Orders and/or the comment procedure at the listed phone numbers; however, comments on the Default Orders should be submitted to the TNRCC in writing. (1)COMPANY: Adames Motors, Inc.; DOCKET NUMBER: 97-0732-AIR-E; ENFORCEMENT ID NUMBER: 11739; LOCATION: Farmers Branch, Dallas County, Texas; TYPE OF FACILITY: used car dealership; RULE VIOLATED: 30 TAC sec.114.1(c) and Texas Health and Safety Code, sec.382.085(b) by offering for sale a vehicle with tampered and inoperable emission control systems; PENALTY: $500; STAFF ATTORNEY: Ali Abazari, Litigation Support Division, MC 175, (512) 239-5915; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (2)COMPANY: Charles Williams dba Ma & Pa Trash Service; DOCKET NUMBER: 97-1126- MSW-E; ENFORCEMENT ID NUMBER: 11926; LOCATION: Menard Creek, Hardin County, Texas; TYPE OF FACILITY: unauthorized municipal solid waste disposal/storage site; RULES VIOLATED: 30 TAC sec.330.4 by operating a municipal solid waste disposal/storage site without authorization and 30 TAC sec.330.5(a) and Texas Water Code, sec.26.121 by causing, suffering, allowing, or permitting the collection, storage, transportation, processing, or disposal of municipal solid waste, or the use or operation of a solid waste facility to store, process, or dispose of municipal solid waste without a permit or an exemption in such a way as to cause the discharge or imminent threat of discharge of municipal solid waste into or adjacent to the waters in the state without obtaining specific authorization for such discharge from the commission, the creation and maintenance of a nuisance, and the endangerment of the human health and welfare or the environment; PENALTY: $8,000; STAFF ATTORNEY: Bill Jang, Litigation Support Division, MC 175, (512) 239-2269; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838. (3)COMPANY: Richard "Rick" Shearer, Jr. dba Shearer Oak Knoll Estates Water System; DOCKET NUMBER: 96-1713-PWS-E; ENFORCEMENT ID NUMBER: 6452; LOCATION: Humble, Harris County, Texas; TYPE OF FACILITY: public drinking water system; RULES VIOLATED: 30 TAC sec.290.120(c)(5) and Texas Health and Safety Code, sec.341.031 by failing to submit to the commission monthly water samples from the Facility for lead and copper analysis for January through June 1995 and July through December 1995; and 30 TAC sec.290.120(b) by failing to file a Lead/Copper Sample Site Selection Form; PENALTY: $630; STAFF ATTORNEY: Barbara Lazard, Litigation Support Division, MC 175, (512) 239-0674; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1486, (713) 767-3500. (4)COMPANY: Wood Island Co-Op Property Owners Association; DOCKET NUMBER: 97- 0556-PWS-E; ENFORCEMENT ID NUMBER: 11439; LOCATION: Travis County, Texas; TYPE OF FACILITY: public drinking water system; RULE VIOLATED: 30 TAC sec.290.120 and Texas Health and Safety Code, sec.341.031 by failing to submit water samples from the Facility for lead/copper analysis; PENALTY: $630; STAFF ATTORNEY: Booker Harrison, Litigation Support Division, MC 175, (512) 239-4113; REGIONAL OFFICE: 1921 Cedar Bend, Suite 150, Austin, Texas 78758-5336, (512) 339-2929. TRD-9810074 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: June 24, 1998 Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions The Texas Natural Resource Conservation Commission (TNRCC or commission) Staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to 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 August 1, 1998. Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withdraw or hold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's Orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments. A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512)239-3400 and at the applicable Regional Office listed as follows. Written comments about these AOs should be sent to the attorney designated for each AO at the TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00p.m. on August 1, 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: Billy Sanders; DOCKET NUMBER: 96-0372-AGR-E; ENFORCEMENT ID NUMBER: 9554; LOCATION: Cleburne, Johnson County, Texas; TYPE OF FACILITY: concentrated animal feeding operation; RULES VIOLATED: Texas Water Code, sec.26.121(a) by discharging waste and wastewater from the stomping area and facility into or adjacent to water in the state without authorization and 30 TAC sec.321.35 by failing to construct any waste control facilities to retain feedlot rainfall from open lots and associated areas; PENALTY: $6,280; STAFF ATTORNEY: Guy Henry, Litigation Support Division, MC 175, (512) 239-6259; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817)469-6750. (2)COMPANY: City of Seguin; DOCKET NUMBER: 96-1865-MSW-E; ENFORCEMENT ID NUMBER: 2607; LOCATION: Seguin, Guadalupe County, Texas; TYPE OF FACILITY: municipal solid waste facility; RULES VIOLATED: 30 TAC sec.330.111 and Permit Number 97 by failing to construct a sediment retention basin and drainage improvements in accordance with the Class I Permit Modification to TNRCC Permit Number 9; 30 TAC sec.330.254 (a) and Permit Number 97 by failing to conduct periodic maintenance activities related to erosion of the final cover; and 30 TAC sec.26.121 and Permit Number 97 by allowing a discharge of clay material from the cap and sediment retention basins into water in the state. This Agreed Order modifies the technical requirements of the Agreed Order approved by the commission at its February 18, 1998, agenda; PENALTY: 20,640; STAFF ATTORNEY: Robin S. Houston, Litigation Support Division, MC 175, (512)239-0682; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096. (3)COMPANY: Crown Central Petroleum Corporation; DOCKET NUMBER: 97-1088-AIR-E; ENFORCEMENT ID NUMBER: 451; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: petroleum refinery; RULES VIOLATED: Texas Health and Safety Code, sec.382.085(b); 30 TAC sec.101.20(1) and sec.116.115(a); TNRCC Permit Number 6059, Special Condition 2; and 40 Code of Federal Regulations (CFR) sec.60.8(c) by operating the Sulfur Recovery Unit at higher production levels without performing new performance tests at representative production rates; Texas Health and Safety Code, sec.382.085(b); 30 TAC sec.101.20(1) and sec.116.115(a); TNRCC Permit Number 22039, Special Conditions 1 and 4; TNRCC Permit Number 5953, Special Condition 2; TNRCC Permit Number 20246, Special Conditions 4 and 15; TNRCC Permit Number 26891, Special Conditions 1 and 4; and 40 CFR sec.60.104(a)(1) by exceeding the H2S concentration limit of 160 parts per million in its fuel gas; Texas Health and Safety Code, sec.382.085(b); 30 TAC sec.101.20(1) and sec.116.115(a); TNRCC Permit 6059, Special Conditions 1 and 18; and 40 CFR sec.60.104(a)(2)(I) by exceeding the SO2concentration limit of 250 parts per million in stack gas from the Sulfur Recovery nit Tail Gas Incinerator; Texas Health and Safety Code, sec.382.085(b) and 30 TAC sec.101.6(a) by failing to report upset events; Texas Health and Safety Code, sec.382.085(b) and 30 TAC sec.111.111(a)(4)(A)(ii) by failing to maintain daily records of visible emissions; PENALTY: $677,425; STAFF ATTORNEY: Lisa Uselton Dyar, Litigation Support Division, MC 175, (512) 239-5692; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1486, (713)767-3500. (4)COMPANY: DJLJ Corporation d/b/a Tank Wash USA. Inc.; DOCKET NUMBER: 97-0034- IHW-E; ENFORCEMENT ID NUMBER: 1951; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: container cleaning; RULES VIOLATED: 30 TAC sec.335.2(a),sec.335.43, and 40 CFR sec.270 by storing hazardous waste, received from off-site sources, without a permit or other authorization from the TNRCC; 30 TAC sec.335.112(a)(8) and 40 CFR sec.265.173 by failing to keep a Tote Bin, which was labeled as storing hazardous waste, closed except when waste was being added or removed; 30 TAC sec.335.10(a) and 40 CFR sec.262.20 by allowing the shipment of hazardous waste off-site without preparing a manifest to accompany each shipment; 30 TAC sec.335.12(a) and 40 CFR sec.265.71(a) by receiving hazardous waste from off-site without an accompanying manifest; and 30 TAC sec.335.6(c)(4) by failing to immediately document any changes to the Facility's Notice of Registration; PENALTY: $10,440; STAFF ATTORNEY: Kara Salmanson, Litigation Support Division, MC 175, (512)239-1738; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas, (713)767-3500. (5)COMPANY: Eugenia Balaban and Mikhailina Balaban; DOCKET NUMBER: 97-0940-MWD- E; ENFORCEMENT ID NUMBER: 11704; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: domestic wastewater treatment facility; RULES VIOLATED: 30 TAC sec.307.7(b)(1)(B)(ii) and Texas Water Code, sec.26.121 by allowing unauthorized discharges of sewage from the Facility's holding tank on January 2 and 6, 1997, and from the collection system's east and west lift stations on February 6, 1997; PENALTY: $22,800; STAFF ATTORNEY: Walter Ehresman, Litigation Support Division, MC 175, (512)239-0573; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1486, (713)767-3500. (6)COMPANY: Filgo Oil Company; DOCKET NUMBER: 96-1989-PST-E; ENFORCEMENT ID NUMBER: 5369; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: above- ground storage tanks; RULES VIOLATED: Texas Water Code, sec.26.121(a)(3), which prohibits unauthorized discharges or activities which cause, continue to cause, or will cause pollution of any water in the state referring to the presence of regulated substances pooled with surface water in depressions at the Facility as documented on July 17, 1996; 30 TAC sec.334.75 by failing to contain and immediately clean up a spill, report to the commission within 24 hours, and begin corrective action as documented on July 17, 1996; 30 TAC sec.334.76 by failing to perform initial response to release actions within 24 hours of confirmation of a release from an Aboveground Storage Tank system. This aboveground storage tanks refers to the failure to report the release to the commission, and the failure to take immediate action to prevent further release of the regulated substance into the environment, as documented on July 17, 1996; 30 TAC sec.334.77(a)(2) by failing to visually inspect any aboveground releases or exposed below ground releases and prevent further migration of the released substance into surrounding soils and groundwater and referring to the diesel spill from the Aboveground Storage Tanks at the Facility, as documented on July 17, 1996; and 30 TAC sec.334.128(c) by failing to pay annual facility fees for Aboveground Storage Tanks at the time and in the manner and amount provided by 30 TAC Chapter 334, Subchapter F; PENALTY: $1,200; STAFF ATTORNEY: Kara Salmanson, Litigation Support Division, MC 175, (512)239-1738; REGIONAL OFFICE: 1101 East Arkansas Lane, Dallas, Texas, (817)469-6750. (7)COMPANY: Gary L. Roe; DOCKET NUMBER: 97-0861-PST-E; ENFORCEMENT ID NUMBER: 11799; LOCATION: Godley, Johnson County, Texas; TYPE OF FACILITY: abandoned underground storage tanks; RULES VIOLATED: 30 TAC sec.334.7(a)(1) by failing to register with the commission on authorized commission forms, Underground Storage Tanks in existence on or after September 1, 1987, as documented during an inspection conducted on April 23, 1997; 30 TAC sec.334.22(a) by failing to pay annual facility fees for Underground Storage Tanks at the time and in the manner and amount provided by 30 TAC Chapter 334, as documented by record review conducted on April 28, 1997 and 30 TAC sec.334.54(d)(1)(B) by failing to properly and permanently remove from service Underground Storage Tanks which have been temporarily out of service for longer than 12 months as documented during an inspection conducted on April 28, 1997; PENALTY: $3,800; STAFF ATTORNEY: William Puplampu, Litigation Support Division, MC 175, (512)239-0677; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas, (817)469-6750. (8)COMPANY: George M. Fenlaw; DOCKET NUMBER: 97-0510-PWS-E; ACCOUNT NUMBER: 2300034; LOCATION: Upshur County, Texas; TYPE OF FACILITY: public drinking water supply system; RULES VIOLATED: 30 TAC sec.290.46(a) by failing to submit plans for the drinking water supply to the executive director for review and approval prior to construction; 30 TAC sec.290.41(c)(3)(A) by failing to submit well completion data to the executive director; 30 TAC sec.290.42(e) by failing to provide continuous disinfection of all water prior to distribution; 30 TAC sec.290.106(a) and Texas Health and Safety Code, sec.341.033(d) by failing to submit samples of water each month for bacteriological analysis to a laboratory approved by the Texas Department of Health; 30 TAC sec.290.46(e) by failing to operate the system under the supervision of a certified water works operator; 30 TAC sec.291.101(a) and Texas Water Code, sec.13.242(a) by failing to obtain a Certificate of Convenience and Necessity; 30 TAC sec.291.21 and Texas Water Code, sec.13.136 by failing to file with the commission, tariffs showing all rates that are subject to the original or appellate jurisdiction of the commission; 30 TAC sec.290.41(c)(3)(B) by failing to provide the well with a well casing which extends 18 inches above the elevation of the finished floor of the pump house or natural ground surface and a minimum of one inch above the sealing block or pump motor foundation block; 30 TAC sec.290.41(c)(3)(J) by failing to provide the well with a concrete sealing block extending at least three feet in all directions; 30 TAC sec.290.41(c)(3)(K) by failing to seal the well head with gaskets or a pliable crack-resistant caulk and provide a casing vent with an opening that is covered with 16-mesh or finer corrosion resistant screen, faced downward, elevated, and located so as to minimize the drawing of contaminants into the well; 30 TAC sec.290.41(c)(3)(M) by failing to provide a suitable sampling tap on the well discharge; 30 TAC sec.290.41(c)(3)(N) by failing to provide the well with a flow measuring device to measure production yields and provide for the accumulation of water production data; 30 TAC sec.290.41(c)(3)(O) by failing to protect the well site with an intruder- resistant fence to exclude possible contamination or damage to the facilities by trespassers; 30 TAC sec.290.45(b)(1)(A)(ii) by failing to provide a pressure tank capacity of 50 gallons per connection; and 30 TAC sec.290.44(c) by failing to properly size and install distribution mains; PENALTY: $0; STAFF ATTORNEY: Lisa Hernandez, Litigation Support Division, MC 175, (512)239-0612; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903)535-5100. (9)COMPANY: Hewitt's, Inc.; DOCKET NUMBER: 97-0544-PST-E; ENFORCEMENT ID NUMBER: 11626; LOCATION: Big Sandy, Upshur County, Texas; TYPE OF FACILITY: gas station and convenience store; RULES VIOLATED: 30 TAC sec.334.50(b)(1)(A) by failing to provide proper release detection for its Underground Storage Tank systems; 30 TAC sec.334.50(b)(2)(B) by failing to provide proper release detection for the suction piping associated with its Underground Storage Tank systems; 30 TAC sec.334.51(b)(1)(B) by failing to provide proper spill containment equipment for its Underground Storage Tank systems; 30 TAC sec.334.51(b)(2)(C) by failing to provide proper overfill prevention equipment for its Underground Storage Tank systems; 30 TAC sec.334.6(b)(2) by failing to provide the executive director with written notification at least 30 days prior to initiating a major Underground Storage Tank construction activity, and by failing to confirm the initiation of the proposed activity with the appropriate region office between 24 and 72 hours prior to the commencement of the construction activity; PENALTY: $1,500; STAFF ATTORNEY: John Peeler, Litigation Support Division, MC 175, (512) 239-3506; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903)535- 5100. (10)COMPANY: Jose Angel Cardenas; DOCKET NUMBER: 96-0857-LII-E; ENFORCEMENT ID NUMBER 3525; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: landscape irrigation system; RULE VIOLATED: Texas Water Code, sec.34.007 by installing a landscape irrigation system without obtaining a valid certificate of registration; PENALTY: $600; STAFF ATTORNEY: Walter Ehresman, Litigation Support Division, MC 175, (512)239-0573; REGIONAL OFFICE: 1921 Cedar Bend, Suite 150, Austin, Texas 78758-5336, (512)339-2929. (11)COMPANY: Kessler Industries, Inc.; DOCKET NUMBER: 97-0536-AIR-E; ENFORCEMENT ID NUMBER: 277; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: metal furniture coating; RULE VIOLATED: 30 TAC sec.101.20(1), 40 CFR sec.60.313(b), and Texas Health and Safety Code, sec.382.085(b) by failing to conduct an initial performance test for volatile organic compounds at the Plant; 30 TAC sec.101.10 and Texas Health and Safety Code, sec.382.085(b) by failing to submit emissions inventories for the years 1995 and 1996; and 30 TAC sec.116.115(a) and Texas Health and Safety Code, sec.382.085(b) by failing to maintain records of hours of operation and usage of coating materials and solvents in sufficient detail to demonstrate compliance with the conditions of Standard Exemption Number 75(d); PENALTY: $10,000; STAFF ATTORNEY: Mary Risner, Litigation Support Division, MC 175, (512)239-6224; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915)778-9634. (12)COMPANY: Laidlaw Environmental Services (Deer Park), Inc. (Formerly Rollins Environmental Services (TX), Inc.); DOCKET NUMBER: 97-0294-IHW-E; TNRCC ID NUMBER: 37328; LOCATION: Harris County, Dear Park, Texas; TYPE OF FACILITY: hazardous waste management facility; RULES VIOLATED: 30 TAC sec.335.2(b) by sending containers containing hazardous waste off-site to facilities not authorized to receive hazardous waste; 30 TAC sec.335.10 by shipping hazardous waste off-site without a properly prepared manifest; and 30 TAC sec.335.12 by receiving hazardous waste without an accompanying properly prepared manifest; PENALTY: $16,080; STAFF ATTORNEY: Kara Salmanson, Litigation Support Division, MC 175, (512)239-1738; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas, (713)767-3500. (13)COMPANY: Mr. Stormy Nation; DOCKET NUMBER: 97-0540-OSI-E; ENFORCEMENT ID NUMBER: 12453; LOCATION: Cedar Creek, Bastrop County, Texas; TYPE OF FACILITY: on-site sewage facilities; RULES VIOLATED: 30 TAC sec.285.107(a)(5) and Texas Health and Safety Code, sec.366.071 by installing an On-Site Sewage Facilities system without having obtained the required certification; PENALTY: 2,000; STAFF ATTORNEY: Lisa Hernandez, Litigation Support Division, MC 175, (512)239-0612; REGIONAL OFFICE: 1921 Cedar Bend, Suite 150, Austin, Texas 78768-5336; (512)339- 2929. TRD-9810073 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: June 24, 1998 Notice of Public Hearing (Emergency and Temporary Orders) Notice is hereby given that under the requirements of Texas Health and Safety Code, sec.382.017; Texas Government Code, Subchapter B, Chapter 2001; and 40 Code of Federal Regulations, sec.51.102 of the United States Environmental Protection Agency (EPA) regulations concerning State Implementation Plans (SIP), the Texas Natural Resource Conservation Commission (TNRCC or commission) will conduct a public hearing to receive testimony concerning revisions to 30 TAC Chapters 35, 116, 291, 297, 305, 321, and 334 and the SIP. The commission proposes new Chapter 35 and amendments to the remaining chapters to consolidate the commission rules concerning emergency and temporary orders. This action is part of the commission's implementation of Senate Bills 1 and 1876, 75th Legislature, 1997. The rules will allow the commission or executive director to act expeditiously to address unforeseen circumstances and/or emergencies. A public hearing on the proposal will be held August 3, 1998, at 2:00 p.m. in Room 2210 of TNRCC Building F, located at 12100 Park 35 Circle, Austin. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion 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. Comments may be submitted to Lisa Martin, Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. Comments must be received by 5:00 p.m., August 3, 1998, and should reference Rule Log Number 97142-035-AD. For further information, please contact Brian Christian, Policy Research Division, (512) 239-1760. Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the agency at (512) 239-4900. Requests should be made as far in advance as possible. TRD-9809894 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: June 19, 1998 Public Notices The executive director of the Texas Natural Resource Conservation Commission (TNRCC) by this notice is issuing a public notice of intent to delete (delist) a facility from the state Superfund registry (state Superfund list) of sites which may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment. The site proposed for deletion is the Aztec Mercury State Superfund Site (the "site") which was originally placed on the state Superfund list on October 16, 1987 (12 TexReg 3538). The site is in Alvin, Brazoria County, Texas, at 970 Calloway Drive. The property is approximately 3.5 acres in size. Several buildings are on the property, including the property owner's residence, a former mercury distillation building, a covered work and storage area, and various other storage buildings. Drainage ditches are immediately north and east of the property. The surrounding area is residential. From 1974 and 1979, mercury was recycled at this site. An enforcement order issued May 13, 1986, by the Texas Water Commission (TWC), predecessor agency to the TNRCC, required operations to cease. A partial removal was performed by a private party in 1985. The TWC conducted a remedial investigation at this site. The objectives of the remedial investigation were to characterize and identify the contamination at the site. The investigation revealed two major areas of soils contamination, between the mercury distillation building and the residence, and between the mercury distillation building and the covered work area. Other areas with lower mercury concentrations were found around the covered work and storage area and the excavated pit along the north fenceline. Surface water samples collected at the site indicated that storm runoff, which carries contaminated sediments, was a continuing source of ditch contamination. Results of indoor air monitoring within the residence on site indicated no airborne mercury contamination. The risk assessment, which measured the degree of hazard at the site, indicated that action was necessary to eliminate an imminent and substantial endangerment to human health and the environment. Soil and sediment removal actions by TNRCC began at the site in 1997, and were completed in February 1998. Confirmation sampling performed after the soils and sediment removal action confirmed that no soil or sediment containing mercury above the cleanup level remained onsite. The site was then backfilled with clean fill soil, graded to promote drainage, and vegetated. Due to concentrations of mercury in the shallow ground water beneath the site that were found in excess of the Maximum Contaminant Level (under the Safe Drinking Water Act), additional ground water investigations were conducted in 1996 and 1997. Based on the results of this investigation, the ground water beneath the site was found to pose no unacceptable excess risk to human health or the environment. As a result of the soil and sediment remedial action and the additional groundwater investigation, the executive director has determined that this site no longer presents an imminent and substantial endangerment to public health and safety or the environment and is therefore eligible for deletion from the list of sites proposed for the state Superfund registry in accordance with 30 Texas Administrative Code (TAC), sec.335.344(c). In accordance with 30 TAC sec.335.344(b), the TNRCC shall hold a public meeting to receive comment on this intended deletion. This meeting is not considered a contested case hearing within the meaning of Texas Government Code, Chapter 2001. This meeting shall be held upon initiation by the executive director or by requests filed with the executive director before 5:00 p.m., August 3, 1998. At least 30 days prior to the date set for the meeting, notice shall be provided by first class mail to all Potentially Responsible Parties and other interested persons, and by publication in a newspaper of general circulation in the county where the facility is located. The person submitting the request shall bear the cost of publication of this notice. The executive director does not intend to initiate a public meeting. If a public meeting challenging this intention to delete by the executive director is not requested by a potentially responsible party or any interested person(s) before the designated date, the Aztec Mercury State Superfund Site will be deleted from the state Superfund registry. All inquiries regarding the Aztec Mercury State Superfund Site should be directed to Carol Boucher, TNRCC Project Manager, at (800) 633-9363 (within Texas only) or (512) 239-2501. A portion of the record for this site, including documents pertinent to the executive director's determination, is available for inspection and copying at the following location: Alvin Branch Library, 105 South Gordon Street, Alvin, Texas 77511, (713) 388-4300. Copies of the complete public file may be obtained during regular business hours at the TNRCC Central Records, Building D, North Entrance, Room 190, 12100 Park 35 Circle, Austin, Texas 78753, (800) 633-9363 or (512) 239-2920. Copying of file information is subject to payment of a fee. TRD-9810067 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: June 24, 1998 The executive director of the Texas Natural Resource Conservation Commission (TNRCC) by this notice is issuing a public notice of intent to delete a facility from the state registry (state Superfund list) of sites which may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment. The site proposed for deletion is the Hi-Yield State Superfund Site that was originally proposed for listing as a Superfund site on September 21, 1993 (18 TexReg 6486-6487). The Hi-Yield State Superfund Site is in northeast Texas, in and near the Norris community, Commerce, Hunt County, Texas. This site lies in the vicinity of Ross, Sycamore, and Johnson Streets. The former Hi-Yield Chemical plant began operations in the early 1950s, which included the distribution of insecticides and cotton defoliants, the formulation and packaging of such products, and the manufacture of arsenic acid and monosodium methyl-arsenate. The operations continued until 1972. Releases of arsenic from the former plant resulted in elevated levels of arsenic on the former Hi-Yield Chemical plant, in Sayle Creek, and in the surrounding residential areas. On July 9, 1993, the TNRCC begin the sampling and study of residential soils. The TNRCC documented, from an extensive sampling effort, elevated levels of arsenic and pesticides both on and off the Hi-Yield site, including residential lots in the surrounding Norris community. Elevated levels of arsenic were also found in stream sediment in nearby portions of Sayle Creek and at its confluence with the South Sulphur River. Site characterization was accomplished through an Immediate Removal Action Investigation, the purpose of which was to determine the nature and extent of off-site related contamination and define the off-site characteristics for the Immediate Removal. The investigation revealed approximately 200 acres of surface soil contamination surrounding the former Hi-Yield Chemical plant. The primary contaminant of concern was arsenic that was used in the manufacture of cotton defoliant. Arsenic concentrations in surface soils ranged from 0.5 to 550mg of arsenic per kilograms of soil (ppm). Additionally, background levels of arsenic were established for a radius between approximately 2400 and 9600 feet from the former Hi-Yield Chemical plant. The background level of seven ppm was determined in a study entitled Determination of Background Arsenic Concentration in Surface Soils in the Vicinity of Commerce, Texas. On September 6, 1994, a legal notice was published in the Texas Register and the Commerce Journal stating that more than 3,300 laboratory analyses on 2,000 samples showed that arsenic in the soil posed a threat to public health and safety on the approximate 200 acres of residential and commercial property surrounding the former chemical plant site. The threat was considered too serious to delay action. The notice announced a public meeting at the City Hall in Commerce on October 25, 1994 to receive comments on a proposed immediate remedial action which was excavation and off-site disposal of contaminated soil. In October 1994 the Texas Natural Resource Conservation Commission asked the U. S. Environmental Protection Agency (EPA) to accept responsibility for the removal action at the Hi-Yield Site. In November 1994, the EPA took over responsibility for remediation of the site. In 1995 and 1996, EPA conducted removal actions for the nearby residential areas by removing surface soils (to a depth of 2 feet) with arsenic concentrations in excess of 20 ppm. The removal action included portions of Sayle Creek. To complete the removal, contaminated soil was concentrated in a pile on the former Hi-Yield Chemical Site, surrounded by a ditched slurry wall and then capped with clean soil and vegetation. As a result of this study and removal action, the executive director has determined that this site no longer presents an imminent and substantial endangerment to public health and safety and the environment and is therefore eligible for deletion from the list of sites proposed for the state Superfund registry in accordance with 30 TAC sec.335.344(c). In accordance with 30 TAC sec.335.344(b), the TNRCC shall hold a public meeting to receive comment. This meeting is not considered a contested case hearing within the meaning of Texas Government Code, Chapter 2001. This meeting shall be held upon initiation by the executive director or by requests filed with the executive director before 5:00 p.m., August 3, 1998. At least 30 days prior to the date set for the meeting, notice shall be provided by first class mail to all Potentially Responsible Parties and other interested persons, and by publication in a newspaper of general circulation in the county where the facility is located. The person submitting the request shall bear the cost of the publication of the notice. The executive director does not intend to initiate a public meeting. If a public meeting challenging this determination of eligibility for deletion by the executive director is not requested by a potentially responsible party or by any interested person(s) before the designated date, the Hi-Yield State Superfund Site will be deleted from the state Superfund registry. All inquiries regarding the Hi-Yield State Superfund Site should be directed to Mr. Alonzo Arredondo, TNRCC Project Manager, at (800) 633-9363 (within Texas only) or (512) 239-2145. A portion of the record for this site, including documents pertinent to the executive director's determination, is available for inspection and copying at the Commerce Public Library, 1210 Park Street, Commerce, Texas, (903) 886-6858. Copies of the complete public file may be obtained during regular business hours at the TNRCC, Central Records, Building D, North Entrance, Room 190, 12100 Park 35 Circle, Austin, Texas 78753, telephone (800) 633-9363 or (512) 239-2920. Copying of file information is subject to payment of a fee. TRD-9810070 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: June 24, 1998 The executive director of the Texas Natural Resource Conservation Commission (TNRCC) by this notice is issuing a public notice of intent to delete a facility from the state registry (state Superfund list) of sites which may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment. The site proposed for deletion is the Munoz Borrow Pits State Superfund Site that was originally placed on the state Superfund list on January 16, 1987 (12 TexReg 205). The Munoz Borrow Pits State Superfund Site (the site), including all land, structures, appurtenances, and other improvements, is 0.1 miles south of U.S. Highway 83 on the east side of State Highway 1016, in the City of Mission, Hidalgo County, Texas. In addition, the site includes any areas outside the site property boundary where hazardous substance(s) came to be located as a result, either directly or indirectly, of releases of hazardous substance(s) from the site property. The site is on the southern portion of an approximately 7.86 acre tract of land. During the late 1950's soil contaminated with pesticides and arsenic were deposited on the property. The Texas Water Commission, predecessor agency to the TNRCC, conducted a remedial investigation/feasibility study at the site in two phases, which were completed in 1991 and 1993. The objectives of the remedial investigation were to characterize and identify the contamination at the site. The Baseline Risk Assessment Report, which measured the degree of hazard at the site, indicated that action was necessary to eliminate an imminent and substantial endangerment to human health and the environment. From April through July 1997, the TNRCC excavated and removed soils containing concentrations of pesticides and arsenic which represented an endangerment to human health and the environment. All soils found to be above the cleanup goal were transported off-site and disposed of at a permitted disposal facility. The cleanup plan also required that a notice be placed in the deed records for the property, describing the actions taken to reduce the risk to human health and the environment and the condition of the property following the cleanup. The property is considered appropriate for residential use according to the risk reduction standards applicable at the time of this filing. As a result of the removal of the soil contaminated above cleanup levels, the executive director has determined that this site no longer presents an imminent and substantial endangerment to public health and safety and the environment and is therefore eligible for deletion from the list of sites proposed for the state Superfund registry in accordance with 30 TAC sec.335.344(c). In accordance with 30 TAC sec.335.344(b), the TNRCC shall hold a public meeting to receive comment on this intended deletion. This meeting is not considered a contested case hearing within the meaning of Texas Government Code, Chapter 2001. This meeting shall be held upon initiation by the executive director or by requests filed with the executive director before 5:00 p.m., August 3, 1998. At least 30 days prior to the date set for the meeting, notice shall be provided by first class mail to all Potentially Responsible Parties and other interested persons, and by publication in a newspaper of general circulation in the county where the facility is located. The person submitting the request shall bear the cost of the publication of the notice. The executive director does not intend to initiate a public meeting. If a public meeting challenging this intention to delete by the executive director is not requested by a potentially responsible party or any interested person(s) before the designated date, the Munoz Borrow Pits State Superfund Site will be deleted from the state Superfund registry. All inquiries regarding the Munoz Borrow Pits State Superfund Site should be directed to Jeffrey E. Patterson, TNRCC Project Manager, at (800) 633-9363 (within Texas only) or (512) 239-2489. A portion of the record for this site, including documents pertinent to the executive director's determination, is available for inspection and copying at the following location: Speer Memorial Library, 801 East 12 Street, Mission, Texas 78572-4416, (956) 580-8754. Copies of the complete public file may be obtained during regular business hours at the TNRCC, Central Records, Building D, North Entrance, Room 190, 12100 Park 35 Circle, Austin, Texas 78753, telephone (800) 633-9363 or (512) 239-2920. Copying of file information is subject to payment of a fee. TRD-9810068 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: June 24, 1998 The executive director of the Texas Natural Resource Conservation Commission (TNRCC) by this notice is issuing a public notice of intent to delete a facility from the state registry (state Superfund list) of sites which may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment. The site proposed for deletion is the Wortham Lead Salvage State Superfund Site that was originally placed on the state Superfund list on January 16, 1987 (12 TexReg 205). The Wortham Lead Salvage State Superfund Site (the "Site"), including all land, structures, appurtenances, and other improvements, is located on the northeast corner of U.S. Highway 175 and County Road 2938 in the northwest portion of Henderson County, Texas. The Site is located midway between Eustace and Mabank, Texas approximately 100 miles southeast of Dallas. In addition, the Site includes any areas outside the site property boundary where hazardous substance(s) came to be located as a result, either directly or indirectly, of releases of hazardous substance(s) from the site property. The site is currently a vacant lot enclosed by a chain link fence with a locked gate. Lead-acid battery salvaging operations at the Wortham Lead Salvage site were conducted during a nine-month period in 1980. During this period of operation, unauthorized releases of battery acids and discarded battery pieces impregnated with lead resulted in lead contamination in soils at the site. In April, 1989, the Texas Water Commission (TWC), the predecessor to the TNRCC, contracted with Jones and Neuse, Inc., to conduct a Remedial Investigation/Feasibility Study (RI/FS) for the site. The objectives of the Remedial Investigation were to characterize and identify the contamination at the site. The final Remedial Investigation Report was published in February, 1991. The resulting baseline risk assessment indicated that further action was necessary to eliminate an imminent and substantial endangerment to human health and the environment from lead contamination in soils at the site. In December of 1996, Exide Corporation (Exide) agreed to perform a removal action at the Wortham Lead Salvage State Superfund Site. The removal action included excavation, stabilization and disposal of 2,880 cubic yards of contaminated soils and investigation derived waste, sampling and characterization of off-site soils and sediments, sampling and recordation of the remaining lead concentrations in the soils and sediments following excavation, and the restoration of excavated areas to ensure positive drainage. All removed materials were transported off-site to a permitted disposal facility. The removal action was completed on February 5, 1998. The Site has been remediated pursuant to the terms of the Removal Action Scoping Document and in accordance with the Work Plan agreed to by the Executive Director, and has been investigated pursuant to such study as approved by the Executive Director. The remediation plan requires the institutional control measure of deed recordation. Future use of the property is considered appropriate for residential use according to risk reduction standards applicable at the time of this filing. The executive director has determined that this site does not present an imminent and substantial endangerment to public health and safety and the environment and is therefore eligible for deletion from the list of sites proposed for the state Superfund registry in accordance with 30 TAC sec.335.344(c). In accordance with 30 TAC sec.335.344(b), the TNRCC shall hold a public meeting to receive comment. This meeting is not considered a contested case hearing within the meaning of Texas Government Code, Chapter 2001. This meeting shall be held upon initiation by the executive director or by requests filed with the executive director before 5:00 p.m., August 3, 1998. At least 30 days prior to the date set for the meeting, notice shall be provided by first class mail to all Potentially Responsible Parties and other interested persons, and by publication in a newspaper of general circulation in the county where the facility is located. The person submitting the request shall bear the cost of the publication of the notice. The Wortham Lead Salvage State Superfund Site will be deleted from the state Superfund registry if a public meeting challenging this determination by the executive director is not requested by any interested person(s) before the designated date. All inquiries regarding the Wortham Lead Salvage State Superfund Site should be directed to E. R. (Trey) Collins, III, TNRCC Project Manager, at (800) 633-9363 (within Texas only) or (512) 239-2030. A portion of the record for this site, including documents pertinent to the executive director's determination, is available for inspection and copying at the following locations: 1) Henderson County Public Library, 121 South Prairieville, Athens, Texas 75751, telephone (903) 675-1717; or, 2) Tri-County Library, Family Resource Center, 202 North 3rd Street, Mabank, Texas 75147, telephone (903) 887-9622. Copies of the complete public file may be obtained during regular business hours at the TNRCC, Central Records, Building D, North Entrance, Room 190, 12100 Park 35 Circle, Austin, Texas 78753, telephone (800) 633-9363 or (512) 239-2920. Copying of file information is subject to payment of a fee. TRD-9810069 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: June 24, 1998 Texas Department of Protective and Regulatory Services Request for Proposal-Project CFSA-"Children Free of Substance Abuse." Under Chapter 40 of the Texas Human Resources Code, the Texas Department of Protective and Regulatory Services (PRS) invites proposals to provide residential substance abuse treatment services for foster care youth, in the State of Texas. These client services are pertaining to PRS's Child Protective Services (CPS) program and are part of a joint project between PRS and the Texas Commission on Alcohol and Drug Abuse (TCADA). This project is referred to, under this Request for Proposals (RFP), as Project CFSA - "Children Free of Substance Abuse." Description: The selected offeror(s) and contractor(s) under this Request for Proposals (RFP) will provide adolescent residential substance abuse treatment services for eligible PRS foster care youth in the State of Texas. Eligible foster care youth will be referred from qualified PRS staff throughout Texas. The selected offeror(s) and contractor(s) that will provide services under this Request for Proposals (RFP) are preferred to be located in the following PRS regions and geographical areas: Region 03 - Dallas, Arlington, Fort Worth, Region 06 - Houston, Region 01 - Amarillo / Lubbock; Region 07 - Austin; Region 08 - San Antonio, or Region 10 - El Paso. A separate proposal for each region of interest is to be submitted to PRS at the address stated as follows. One or more proposals may be selected from any PRS region solely at PRS discretion. Eligible Applicants: Eligible applicants include public or private non-profit and for profit agencies with demonstrated knowledge, competence, and qualifications in providing adolescent residential substance abuse treatment services. Historically Underutilized Businesses, Minority or Women's Enterprise Businesses, and Small Business Enterprises who are eligible applicants are encouraged to apply by notifying the contact person named as follows. Limitations: PRS reserves the absolute right to cancel or rescind this RFP, in whole or in part, and to reject, in whole or in part, any and all offers received. PRS does not guarantee any quantities or types of services, goods, customers, or other items to be available under this RFP. PRS shall not reimburse any costs incurred in applying for this RFP. Term and Total Value: The contract period is projected from September 1, 1998, through August 31, 1999. Funding is not to exceed $250,000 per proposal for geographical areas (PRS Regions 03 and 06) and is not to exceed $150,000 per proposal for geographical areas (PRS Regions 01, 07, 08, or 10). Funding shall be on a unit rate basis and is not to exceed an adolescent residential substance abuse treatment daily rate projected at $132.00 per day. Funding of proposals under this RFP is wholly contingent upon PRS receipt of revenue for these adolescent residential substance abuse treatment services from the Texas Commission on Alcohol and Drug Abuse (TCADA). Total funding allocation for three (3) successful proposals is not to exceed $650,000 during FY 99. At the Department's option, the contract awarded under this RFP may be renewed annually for a period not to exceed four years including the above referenced period. Contract renewal is not automatic; contracts may be renewed at PRS option and reasonable discretion. Contact Person: To obtain a complete copy of the Request for Proposal, please contact the designated purchasing officer, Deborah Williams, Texas Department of Protective and Regulatory Services, Winters Building, 701 West 51st Street, P. O. Box 149030 (Mail Code E-557), Austin, Texas 78751, at 512/438-3312. Please present inquiries pertaining to this RFP in writing to the stated address on or before Friday, July 10, 1998. Evaluation and selection: A PRS state agency panel of program and administrative staff will rank and score the proposals. The screening and evaluation method and criteria are predetermined. Criteria include detailed service description, relevant organizational experience and staff qualifications, and cost projections with narrative. Deadline: The last day to receive proposals is hereby extended to Friday, July 31, 1998, at 4:00 p.m. Proposals received after this deadline will be accepted solely at PRS. Modifications to the original proposal must also be received by the July 31, 1998, deadline. TRD-9810045 C. Ed Davis Deputy Commissioner for Legal Services Texas Department of Protective and Regulatory Services Filed: June 23, 1998 Public Utility Commission of Texas Notice of Application for Service Provider Certificate of Operating Authority Notice is given to the public of the filing with the Public Utility Commission of Texas an application on June 19, 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 Z-Tel Communications, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 19508 before the Public Utility Commission of Texas. Applicant intends to provide resold intraLATA toll and interLATA intrastate telecommunications services to the public. Applicant's requested SPCOA geographic area includes the geographic areas of Texas currently served by Southwestern Bell Telephone Company and GTE Southwest, Inc. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than July 8, 1998. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9810048 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: June 23, 1998 Notice of Application Pursuant to P.U.C. Substantive Rule sec.23.94 Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on April 23, 1998, pursuant to P.U.C. Substantive Rule sec.23.94 for approval of a rate change. Tariff Title and Number: Application of Valley Telephone Cooperative, Inc. for Approval of a Rate Change Pursuant to P.U.C. Substantive Rule sec.23.94. Tariff Control Number 19222. The Application: Valley Telephone Cooperative, Inc. (Valley Telephone) seeks approval to offer Call Waiting with Cancel, Calling Name Delivery, Anonymous Call Rejection, and Direct Inward Dialing as optional new services. Valley Telephone is also requesting approval to decrease the monthly rate for Calling Number Delivery Service from $4.95 to $4.00 per month for residential customers and from $7.50 to $5.50 per month for business customers. The proposed effective date is August 1, 1998, and services will be available in all exchanges served by Valley Telephone. The net effect of implementation of the proposals results in an estimated net increase to Valley Telephone's total regulated intrastate gross annual revenues of $16,571. Subscribers of Valley Telephone have a right to petition the commission for review of this proposed rate change by filing a protest with the commission. The protest must be signed by a minimum of 5.0%, or 268 affected local service customers, and must be received by the commission no later than July 13, 1998. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711- 3326, or call the Public Utility Commission Office of Customer Protection at (512) 936-7120 on or before July 13, 1998. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936- 7136. TRD-9810058 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: June 23, 1998 Notices of Intent to File Pursuant to P.U.C. Substantive Rule sec.23.27 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application for a customer-specific contract on or around June 29, 1998 pursuant to P.U.C. Substantive Rule sec.23.27(c). Tariff Title and Number: GTE-Southwest, Inc. Notice of Intent to File a Customer-Specific Contract to Provide Incremental SONET OCS Ring Diversity For SGS Thompson, Inc. Pursuant to Substantive Rule sec.23.27(c). Tariff Control Number 19505. The Application: GTE-Southwest, Inc. (GTE) is requesting approval of a customer- specific contract to provide Incremental SONET OC3 Ring Diversity to SGS Thompson, Inc. located in Carrollton, Texas. The Incremental SONET OC3 Ring Diversity service is a high-speed private line service as set forth in P.U.C. Substantive Rule sec.23.27(c)(1)(C). This service comprised of high speed, SONET-based services provides connectivity between a customer-dedicated location (CDL) and at least one telephone company serving wire center. GTE proposes to offer this service in the Carrollton, Texas exchange. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711- 3326, or call the commission's Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9810050 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: June 23, 1998 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application for a customer-specific contract on or around June 29, 1998 pursuant to P.U.C. Substantive Rule sec.23.27(c). Tariff Title and Number: GTE-Southwest, Inc. Notice of Intent to File a Customer-Specific Contract to Provide Frame Relay Service at DS3 Speed for Wilson N. Jones Hospital Pursuant to Substantive Rule sec.23.27(c). Tariff Control Number 19506. The Application: GTE-Southwest, Inc. (GTE) is requesting approval of a customer- specific contract to provide Frame Relay Service at DS3 Speed to the Wilson N. Jones Hospital located in Sherman, Texas. The Frame Relay Service is a high- speed private line service as set forth in Substantive Rule sec.23.27(c)(1)(C). This service is a "fast packet" network service that permits the two-way transmission of data at speeds from 56kps to 1.544 Mbps using Permanent Virtual Circuits (PVCs). PVCs are circuits that define a specific path for data sent by the customer to another customer location. The circuits are virtual because they are established in software tables and do not tie up capacity when not in use. GTE proposes to offer this service in the Carrollton, Texas exchange. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711- 3326, or call the commission's Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9810051 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: June 23, 1998 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to P.U.C. Substantive Rule sec.23.27 for a 1100 station addition to the existing PLEXAR-Custom service for AT & Microelectronics (Lucent Technologies) in Mesquite, Texas. Tariff Title and Number: Southwestern Bell Telephone Company Notice of Intent to File an Application for a 1100 Station Addition to the Existing PLEXAR-Custom Service for AT & Microelectronics (Lucent Technologies) in Mesquite, Texas Pursuant to P.U.C. Substantive Rule sec.23.27. Tariff Control Number 19523. The Application: Southwestern Bell Telephone Company is requesting approval for a 1100 Station Addition to the Existing PLEXAR-Custom Service for AT & Microelectronics (Lucent Technologies) in Mesquite, Texas. The designated exchange for this service is the Dallas exchange, and the geographic market for this specific PLEXAR-Custom service is the Dallas LATA. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711- 3326, or call the commission's Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9810052 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: June 23, 1998 Notice of Petition for Approval of an Optional Renewable Energy Purchase Tariff for Residential and Certain Commercial Customers Notice is given to the public of the filing with the Public Utility Commission of Texas on June 19, 1998, an application for approval of an optional renewable energy purchase tariff for residential and certain commercial customers. A summary of the application follows. Docket Title and Number: Application of Houston Lighting & Power Company for Approval of An Optional Renewable Energy Purchase Tariff for Residential and Certain Commercial Customers, Docket Number 19511, before the Public Utility Commission of Texas. Applicant seeks commission approval of a new green pricing tariff. 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 July 10, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9810049 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: June 23, 1998 Notice of Petition for Rulemaking The Public Utility Commission of Texas (commission) has received a petition for rulemaking, designated as Project Number 19501, from Southwestern Public Service Company. The petition, which was filed on June 17, 1998, requests that the commission amend P.U.C. Substantive Rule sec.23.23(b) to permit utilities to retain 25% of the margin from wholesale non-firm sales. Persons who are interested in obtaining a copy of the petition for rulemaking may do so by contacting the commission's Central Records Office, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. Persons who wish to file written comments on the petition may do so not later than July 24, 1998. Comments should be filed in the commission's Central Records Office at the address listed above. All inquiries and comments concerning this petition for rulemaking should refer to Project Number 19501. TRD-9810053 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: June 23, 1998 Public Notice of Interconnection Agreement On June 15, 1998, U.S. Telephone Holding, Inc. 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 19305. 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 19305. 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 July 15, 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 19305. TRD-9809834 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: June 18, 1998 Southwest Texas State University Request for Proposals Section I 1.0 Project Information Southwest Texas State University (SWT) intends to convert to the long form method of indirect cost recovery from the short form method which has produced a current rate of 44% of Salaries/Wages (set to expire 31 August 1996). SWT intends to enter into an agreement to accomplish the long form conversion and indirect cost negotiation with SWT's cognizant agency, . S. Department of Health and Human Services (Region VI). SWT will provide appropriate assistance to retrieve data, assist interpretation of data, and prepare the long form document. 1.1 Proposal Due Date Responses to this notice should be sent to the following individual not later than 2:00 PM, July 23, 1998. Mr. Bob Cavendish Office of Grants Accounting Southwest Texas State University 601 University Drive San Marcos, Texas 78666-4615 1.2 Inquiries Direct questions to Bob Cavendish, Manager, Grants Accounting at (512) 245-2102 or to Stanley Naumann, (512) 245-2550. 1.3 Evaluation Proposals submitted will be reviewed and evaluated by individuals selected by SVVT including (but not limited to) the Comptroller, the Manager of Grants Accounting, the Director of Accounting, and the Vice President of Finance. Part of the formal approval of the proposed contract will include review by the University's attorney. 1.4 Proposal Warranty The proposer shall attest that they are informed in all matters affecting the performance of the services; that they have checked their proposal for errors and omissions; and, that the stated price is correct as intended. 1.5 Binding Proposals Following the date for submission of proposals and prior to the contract award, the proposal shall be binding upon the proposer in all respect for a period of 120 days. 1.6 Hold Harmless The proposer shall understand that Southwest Texas State University will determine, at its own discretion, which proposal, if any, is accepted. Proposer waives any right to claim damages of any nature, based on the selection process and the final selection of the successful proposer. Section 2 2.0 SWT managed a grant award level of $18,747,796 composed of the following sources: Federal -- $12,177,016 State -- 4,021,528 Private -- 2,549,252 2.1 SWT classified $7,361,680 of these awards as "research" of which $5,392,509 came from federal government sources. The largest federal funding source is the U. S. Department of Education. 2.2 SWT has a current rate of 44% of salaries and wages negotiated and approved by its cognizant agency, U. S. Department of Health and Human Services (Region VI, Dallas). SWT has relied on the short form method of indirect cost recovery and wants to increase the potential for additional revenue through the long form method. SWT is on the modified accrual accounting basis consistent with NACUBO guidelines. Its annual financial report is prepared consistent with Texas State Comptroller standards. 2.3 Contractor will review SWT's appropriate annual financial report to determine presence and levels of eligible costs that comprise indirect cost pools and bases for allocating those eligible costs, including, but not limited to, General Administration, Operations and Maintenance, Library, and Direct Salaries and Wages. 2.4 On the basis of the data assembled in paragraph 2.3 of this section, contractor should build the indirect cost rate plan sufficient for presentation to U. S. Department of Health and Human Services. Such plan should include all support schedules sufficient to support the negotiated rate and should include both an off campus and an on campus rate. 2.5 Contractor should present the plan to SWT's Comptroller and appropriate staff for familiarization and discussion prior to submission to U. S. Department of Health and Human Services. The review should include an explanation of the plan, the supporting schedules, and the rate calculation. The review should also include an overview of the negotiating strategy. 2.6 The contractor will accompany SWT representatives to meet with U.S. Department of Health and Human Services representatives to present and to negotiate the long form plan. 2.7 SWT is interested in purchasing through/from the contractor appropriate software (for the Macintosh platform) to maintain the long form data sufficient to continue future commitment to the plan; in conjunction with this element, could SWT purchase updates to such software and receive annual technical assistance for the software and developments in the long form methods from the contractor. If no software is available, the SWT will consider future commitments for updating and negotiating the long form recovery plan. 2.8 SWT is prepared to work with the contractor through commitment of appropriate staff in the Grants and the Accounting areas to assist locating, retrieving, and analyzing data appropriate to compiling the long form conversion plan. SWT will provide space for the contractor's staff to work although the location shall be at SWT's discretion subject to available space. TRD-9810032 William A. Nance Vice President for Finance and Support Services Southwest Texas State University Filed: June 23, 1998 Texas Department of Transportation Notice of Invitation--Private Consultant Pursuant to Government Code, Chapter 2254, Subchapter B, the Texas Department of Transportation (TxDOT) intends to engage a private consultant to analyze TxDOT records and prepare a report comparing the cost of highway design work provided by TxDOT employees to the cost of highway design work provided by consultant engineers. TxDOT's accounting system is an activity-based cost system which captures direct costs by the individual job. Payments to contracted consultants are one direct cost. Indirect-direct costs (comparable to factory production overhead or service-center costs) are distributed to the individual jobs using various allocation methods. TxDOT and district headquarters administrative costs are distributed separately by proration to individual jobs based on the respective jobs' shares of the direct costs for the month. All employee labor expenses, direct and indirect, are accumulated and distributed to the respective cost accounts. Using these and other available TxDOT records, the consultant will compare a representative number of completed, substantially similar highway design jobs, including seal coat; overlay; rehabilitation of existing roadway; conversion to non-freeway; widen freeway; widen non-freeway; new freeway; new non-freeway; interchanges; bridge widening; bridge replacement; upgrade freeway; and upgrade non-freeway. The consultant will document the findings in a written report providing comparative costs and an analysis of outsourcing alternatives. All work performed and the reporting thereof must conform to the professional standards of the American Institute of Certified Public Accountants. TxDOT expects to award this contract by August 21, 1998, with the contract to begin on September 1, 1998, the report to be submitted to TxDOT on or before December 1, 1998, and the contract to be completed on or before December 31, 1998. Agency Contact: The Request for Proposal (RFP) in its entirety may be obtained by contacting Frank J. Smith, Director, Finance Division, 125 East 11th Street, Austin, Texas 78701, phone (512)463-8684. The RFP sets forth detailed submission requirements that all proposals must meet. Closing Date: Written proposals must be received at the Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701, Attention: Frank J. Smith, Director, Finance Division, on or before August 7, 1998. Proposals received after 5:00p.m. on that date will not be considered. Facsimile proposals will not be considered. Selection Criteria: TxDOT's Executive Director will make the final selection of a consultant, based on a ranking of proposals by a selection committee. The Executive Director's selection and the ranking of proposals will be based on demonstrated competence, knowledge, qualifications, and reasonableness of fees. If all other considerations are equal, TxDOT will give preference to a consultant whose principal place of business is within the State of Texas or who will manage the contract wholly from an office within the state. TRD-9810078 Bob Jackson Acting General Counsel Texas Department of Transportation Filed: June 24, 1998 Public Notice In the May 15, 1998, issue of the Texas Register (23 TexReg 4894), the Texas Department of Transportation proposed amendments to sec.17.22, concerning motor vehicle registration. The amendments were proposed in response to House Bill 1532, 75th Texas Legislature, 1997, which provide that the department or a county tax assessor-collector may, under the provisions of a contract entered into between the department and the county, refuse to register a vehicle owned by a person who owes the county money for a fine, fee, or tax that is past due. Once the fine, fee, or tax is paid the registration may be completed. The deadline for receipt of comments on the proposed amendments was originally set for June 16, 1998. This notice is to extend the public comment period to 5:00 p.m. on July 24, 1998. Additional information may be obtained from Jerry L. Dike, Director, Vehicle Titles and Registration Division, 125 E. 11th Street, Austin, Texas 78701-2483. TRD-9810079 Bob Jackson Acting General Counsel Texas Department of Transportation Filed: June 24, 1998 West Central Texas Workforce Development board Public Notice The West Central Texas Workforce Development Board is soliciting proposals from educational institutions, community-based organizations, private for profit and private non-profit organizations, labor organizations and other public and private entities to provide activities funded through the School to Work Opportunities Act. A total of $250,000 is available in School-to-Work funds. A copy of the Request for Proposals packet and/or a diskette containing application forms only may be obtained by contacting Karen Spaar at (915) 672- 8544 between 8:30 a.m. to noon and 1:00 p.m. to 5:00 p.m., Monday through Friday. Applications must be submitted no later than close of business, Friday, July 31, 1998 to be considered for School-to-Work funds. A Bidders Conference will be held on Friday, July 10, 1998, at 3:00 p.m. at the administrative offices of the West Central Texas Council of Governments, 1025 E.N. 10th Street, Abilene, Texas. Questions concerning this solicitation may be directed to Bryan Swedlund by calling (915) 672-8544. TRD-9810137 Mary Ross Executive Director West Central Texas Workforce Development Board Filed: June 25, 1998