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 Department of Agriculture Notice of Public Hearing The Texas Department of Agriculture will hold two public hearings to take public comment on proposed new 4 Texas Administrative Code, sec.3.115, concerning the designation by rule of the El Paso/Trans Pecos Boll Weevil Eradication Zone, as published in the July 3, 1998, issue of the Texas Register (23 TexReg 6803). The hearings will be held on Tuesday, July 28, 1998 as follows: beginning at 10:00 a.m., at the El Paso Research Center Auditorium, 1380 A&M Circle, El Paso, Texas; and, beginning at 4:00 p.m., at the Pecos Research Center, Mile Marker #33 on IH-20, 7 miles west of Pecos, Texas. For more information, please contact Katie Dickie Stavinoha, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711, 512/463-7593. TRD-9810647 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Filed: July 6, 1998 Office of the Attorney General Access and Visitation Grant Funding The Federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193) provides to state Title IV-D (Child Support) agencies grants for access and visitation programs. These grants may be used to establish and administer programs to support and facilitate noncustodial parent's access to and visitation with their children. Eligible activities include: mediation, counseling, education, development of parenting plans, visitation enforcement (including monitoring, supervision and neutral drop-off and pickup), and development of guidelines for visitation and alternative custody arrangements. Projects funded under this program do not have to run on a statewide basis. Entities eligible for funding include: courts, local public entities, and private non-profit organizations. Matching funds (cash or in-kind) are required. The Office of the Attorney General, as the state's Title IV-D agency, invites written expressions of interest in this grant program from eligible entities postmarked no later than 5:00 p.m. CDST, July 24, 1998. Hand delivered, electronic or facsimile transmission letters are not acceptable. Respondents will be sent a complete application package. Letters of interest must be sent to: Scott Smith Office of the Attorney General Child Support Division, Mail Code 052 P. O. Box 12017 Austin, Texas 78711-2017 (512) 460-6422 TRD-9810631 Sarah Shirley Assistant Attorney General Office of the Attorney General Filed: July 6, 1998 Cameron Works, Inc. Request for Proposal The Board seeks one contractor to operate and manage the services offered in its Texas Workforce Centers. The workforce centers operate under the One-Stop concept, and are the key point of access to clients wishing available employment and training services. The selected contractor shall be responsible for: (A) the intake, eligibility, certification, assessment, counseling, case management, and referral of JTPA clients to training: (B) the assessment, counseling,--including state mandated orientation--referral to training, and/or the job placement of TANF, WtW, and Food Stamp recipients (separate from FSE&T); (C) the coordination of supportive services to eligible clients, including CCMS child care services, limited dental or eye care services, and transportation (mass transit or gas coupons): (D) the coordination of client referrals to Sec. 123 (8%), Older Worker Programs, Job Corps, or other available federal or non-federal employment and training programs; (E) providing data bases and Internet access to job banks and other employment related data; (F) providing employer services including Outreach and Recruitment to determine community employer needs, dissemination of information of job openings to Texas Workforce Centers, coordination with TWC computerized job banks, organizing job fairs, and referrals of qualified applicants to employers. Proposers/contractors eligible to compete for funds include private and public, for profit and not for profit agencies, Community Based Organizations (CBO's), and other state, county, and city agencies. Partnerships or consortiums may respond, but details of which member organization has fiscal responsibilities for any resulting contract and how any such partnership or consortium will operate must be worked out in advance, in writing, and included in the proposal. The Board is prohibited from awarding a contract or federal funds to any party "excluded from Federal procurement or non-procurement programs" by the U.S. General Services Administration. RFP proposal packets may be obtained from the Procurement/Contracts department at CWI's administrative offices located at 955 Paredes Line Road, Brownsville, TX 78521. Contact person is Nelda Gonzalez, (956) 548-6710. The RFP application packet will be released on July 14, 1998 at 1:00 p.m. (CST). CWI reserves the right to accept or reject any or all proposals received, to waive any informalities or technicalities, and to cancel and/or reissue this RFP, in part or its entirety. CWI also reserves the right to negotiate the final terms and conditions of the contract awarded to the selected provider. MANDATORY BIDDER'S CONFERENCE A Mandatory Bidders' Conference shall be held at 10:00 a.m. (CST) at the Texas Workforce Center, 245 E. Levee, Brownsville, TX on Monday, July 27, 1998. Attendance shall be required of any and all entities responding to this RFP. Failure to attend this mandatory bidder's conference will render the submission of proposal by proposer as non-responsive and shall not be accepted by CWI. This will be the only opportunity afforded prospective bidders to ask questions regarding the RFP. Questions must be presented in writing. Proposal submission deadline will be no later than 5:00 p.m. (CST) August 14, 1998. Funding for the services being solicited by this RFP shall be budgeted from the estimated $23 million PY'98 allocation. Solicitation of CWI Board members by subcontracts, service providers, or bidders concerning proposals, bid and contract awards shall be prohibited. Any solicitation of Board members may result in rejection of the proposal, bid and contract award, and disqualification, suspension or debarment from activities, and programs funded by the corporation. TRD-9710761 Louis Tatum Finance Division Manager Cameron Works, Inc. Filed: July 8, 1998 Coastal Coordination Council Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence under the Texas Coastal Management Program On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC 501. Requests for federal consistency review were received for the following projects(s) during the period of June 29, 1998, through July 7, 1998: FEDERAL AGENCY ACTIONS: Applicant: Harris County Water Control District #50; Location: From the treatment plant located at 1122 Cedar Lane, El Lago, into the Clear Lake Watershed thence into Clear Lake in Segment Number 2425 of the Bays and Estuaries, Harris County, Texas; Project Number: 98-0297-F1; Description of Proposed Action: The applicant requests renewal of a National Pollutant Discharge Elimination System permit to expire September 30, 2003; Type of Application: U.S. Environmental Protection Agency NPDES permit #TX0027146 under the Clean Water Act (33 U.S.C.A. sec.1251). Applicant: LLOG Exploration Offshore; Location: In the Galveston Anchorage Area, Galveston Area Block 191, offshore Texas, Gulf of Mexico; Project Number: 98- 0300-F1; Description of Proposed Action: The applicant proposes to install, operate and maintain structures and appurtenances and drill and produce multiple wells from a common surface location to produce oil and gas; Type of Application: U.S.C.O.E. permit application #21331 under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403). Applicant: Texas Department of Transportation; Location: Along the State Highway 6/Interstate Highway 45 interchange right-of-way, extending from the intersection of State Highway 6 with Interstate Highway 45 to the Texas City Terminal Railway, approximately 4.6 miles northwest of Galveston, Galveston County, Texas; Project Number: 98-0301-F1; Description of Proposed Action: The applicant proposes to raise State Highway 6 (SH 6) - Interstate Highway 45 (IH 45) interchange to an elevation of 7 feet mean sea level (MSL), construct berms, and install drainage improvements, including culverts, concrete piping, and a lift station to reduce the effects of tidal flooding within the IH 45 interchange area. A total of 50,000 cubic yards of material will be required for this project. The berms are required to prevent high tide waters from closing the interchange. The lift station will be used to pump runoff, due to rainwater from the interchange area, to prevent flooding during storm events. Approximately 12 acres of tidal wetlands will be impacted by the project. Approximately 9.9. acres will be filled and graded and 2.5 acres will be graded to form drainage and side slopes. Safety requirements for slopes, adjacent to roadways, necessitate filling these tidal areas and relocating them further from the roadway. Approximately 13,600 cubic yards of material will be required to raise these wetland areas to 2 feet MSL; Type of Application: U.S.C.O.E. permit application #21037 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: U.S. Army Corps of Engineers; Location: All water of the United States within the regulatory boundary of the Galveston District within the State of Texas; Project Number: 98-0302-F1; Description of Proposed Action: The applicant proposes an extension of time to complete work until 31 December 2003, under General Permit 19708. The General Permit would authorize the Railroad Commission of Texas to place fill material into isolated pods created by surface mining activities. The fill would eliminate steep slopes that are hazardous to public safety and not capable of sustaining vegetation. A high quality, productive wetland would be created that would improve wildlife habitat; Type of Application: U.S.C.O.E. permit application #19708(01) under 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-9810780 Garry Mauro Chairman Coastal Coordination Council Filed: July 8, 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 in conducting a management and performance review of the El Paso Independent School District. From the review, findings and recommendations will be developed for containing costs, improving management strategies, and ultimately promoting better education for Texas children through school district management efficiency. The successful proposer will be expected to begin performance of the contract on or about September 2, 1998. Contact: Parties interested in submitting a proposal should contact the Comptroller of Public Accounts, Legal Counsel's Office, 111 E. 17th St., Room G24, Austin, Texas 78774, (512) 305-8673, to obtain a copy of the RFP. The RFP will be available for pick-up at the above-referenced address on July 17, 1998, between 4 p.m. and 5 p.m. Central Zone Time (CZT), and during normal business hours thereafter. All written inquiries and mandatory letters of intent to propose must be received at the above-referenced address prior to 4 p.m. (CZT) on Friday, July 28, 1998. Closing Date: Proposals must be received in Legal Counsel's Office no later than 4 p.m. (CZT), on August 17, 1998. Proposals received after this time and date will not be considered. Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria set forth in the RFP. The committee will determine which proposal best meets these criteria and will make a recommendation to the Deputy Comptroller, who will then make a recommendation to the Comptroller. The Comptroller will make the final decision. A proposer may be asked to clarify its proposal, which may include an oral presentation, prior to final selection. The Comptroller reserves the right to accept or reject any or all proposals submitted. The Comptroller of Public Accounts is under no legal or other obligation to execute a contract on the basis of this notice or the distribution of an RFP. Neither this notice nor the RFP commits the Comptroller to pay for any costs incurred prior to the execution of a contract. The anticipated schedule of events is as follows: Issuance of RFP - July 17, 1998, 4 p.m., CZT; Mandatory Letter of Intent and Questions Due - July 28, 1998, 4 p.m. CZT; Proposals Due - August 17, 1998, 4:00 p.m. CZT; Contract Execution - August 28, 1998, or as soon thereafter as practical. TRD-9810760 Walter Muse Legal Counsel Comptroller of Public Accounts Filed: July 8, 1998 Office of Consumer Credit Commissioner Notice of Rate Ceilings The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Articles 1D.003 and 1D.009, Title 79, Revised Civil Statutes of Texas, as amended (Articles 5069- 1D.003 and 1D.009, Vernon's Texas Civil Statutes). The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period of 07/13/98 - 07/19/98 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 07/13/98 - 07/19/98 is 18% for Commercial over $250,000. [sup]1Credit for personal, family or household use. [sup]2Credit for business, commercial, investment or other similar purpose. TRD-9810699 Leslie L. Pettijohn Commissioner Office of Consumer Credit Commissioner Filed: July 7, 1998 Texas Department of Criminal Justice Notice to Bidders The Texas Youth Commission, by and through its construction project manager, The Texas Department of Criminal Justice invites bids for The Lock Replacement, Texas Youth Commission - Marlin & San Saba, Texas project. The project includes the 1) replacement of pneumatic locks with electro-mechanical locks, 2) re-hab of the existing control console, 3) replacement of door position (D.P.) switches and, 4) adjustment, and permanent setting of some existing D.P. switches. This project includes: an Alternate for the complete replacement of the control console, and an Alternate for new D.P. switches. The work will be awarded under one lump sum contract for both sites. The successful bidder will be required to meet the following Contractor qualifications and submit evidence of same to Owner within five days after receiving notice of intent to award from the Owner: (1) Contractor must have worked in his trade for at least five years; (2) Contractor must have completed at least three projects of a dollar volume equal to or greater than the job being bid; (3) Contractor must be bondable as provided in the General and Special Conditions; (4) Contractor must be insurable as provided in the General and Special Conditions; (5) Contractor must provide references from at least three similar jobs. All Bid Proposals must be accompanied by a Bid Bond in the amount of 5.0% of greatest amount bid. Bid Documents can be purchased from the Architect/Engineer at a cost of $35 (non-refundable) per set, including mailing/delivery costs, or they may be viewed at various plan rooms as listed in the Information to Bidders. Payment checks for documents should be made payable to the Architect/Engineer: BMW Engineering, Inc., 710 South Enterprize Pkwy., Corpus Christi, Texas 78405, Attention: Bob Ray, Phone: (512) 299-1801, Fax: (512) 299- 1804. A Pre-Bid conference and Site Visit will be held on July 22, 1998, at 1pm at the TYC Facility in Marlin, Texas. Attendance by all prime bidders is mandatory. A site visit will immediately follow the Pre-Bid conference at same facility. Bids will be publicly opened and read at 3pm on August 11, 1998, in the large Conference Room at the Facilities Division offices located in the warehouse building of the TDCJ Administrative Complex (formerly Brown Oil Tool) on Spur 59 off of Highway 75 North, Huntsville, Texas. The Owner reserves the right to reject any or all bids, and to waive any informality or irregularity. The Texas Youth Commission requires the Contractor to make a good faith effort to include Historically Underutilized Businesses (HUBs) 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-9810793 Carl Reynolds General Counsel Texas Department of Criminal Justice Filed: July 8, 1998 Texas Planning Council for Developmental Disabilities Request for Proposals Inclusive Education Demonstration Project. This announces the availability of funds to be awarded on behalf of the Texas Planning Council for Developmental Disabilities (TPCDD) by the Texas Rehabilitation Commission. The purpose and expected outcome of this grant is to demonstrate inclusion in middle schools. Project Components. 1. Each project will develop a district/campus strategic plan for inclusive education at that district/campus. 2. Applicants will devise effective ways to educate their communities, middle school administrators and teachers on best practices for including middle school students with disabilities in regular classrooms with age-appropriate peers. 3. Each project will create a local project advisory committee to provide ongoing support, feedback and guidance to project activities. 4. Projects will identify federal, state and local statute, policy, regulation and practice that need to be revised to achieve system's change. 5. Each project will evaluate the impact of project activities. Funds may not be used to provide direct services. Eligible applicants are to be public school districts in the state of Texas. Three projects will be funded for three to five years. Continuation funding will be contingent upon an annual review of performance, availability of federal funding and TPCDD funding priorities. The initial funding period is anticipated to be December 1, 1998, to May 31, 1999. Estimated funding to be determined not to exceed $150,000 for the first year and up to $150,000 for years two through five. Nonfederal match of 25% is required for the first year. A project located in counties designated as a federal poverty area require a minimum of 10% matching resources for the first year. Increasing nonfederal match will be required in years two through five. For the application packet containing the full request for proposals, application forms and instructions, please submit a written or fax request to: Grants Management Director, Texas Planning Council for Developmental Disabilities, 4900 North Lamar Boulevard, Austin, Texas 78751-2399, (512) 424- 4084 phone, or (512) 424-4097 Fax. Deadline. Proposals will be accepted at the Texas Planning Council Office, 4900 North Lamar Boulevard, Office #4435, Fourth Floor, Austin, Texas until 4:00 p.m. on Friday, September 4, 1998. No fax copies of proposals will be accepted. Copies of the application kit may not be faxed to applicants. TRD-9810783 Charles Schiesser Chief of Staff Texas Planning Council for Developmental Disabilities Filed: July 8, 1998 School To Work Demonstration Project. This announces the availability of funds to be awarded on behalf of the Texas Planning Council for Developmental Disabilities (TPCDD) by the Texas Rehabilitation Commission. The purpose and expected outcome of this project is to effect local level policy and practice changes that result in demonstration projects targeting successful transition from school-to-work for students with developmental disabilities in a rural community and in South Texas. Project Components. 1. Each project will develop a strategic plan for school to work transition for its identified community. 2. Each project will device effective ways to educate communities, public school administrators and teachers, students, parents, employers, community leaders, adult services agency personnel, and other key stakeholders on best practices concerning school to work transition for students with developmental disabilities. 3. Projects will identify federal, state and local statute, policy, regulation and practice that need to be revised to achieve systems change. 4. Each project will establish a local advisory committee to provide ongoing support, feedback and guidance to project activities. 5. Each project will evaluate the impact of project activities. Funds may not be used to provide direct services. Eligible applicants can be organizations which are public agencies, private nonprofit organizations, or private for-profit organizations. Two projects will be funded for up to five years. Continuation funding will be contingent upon an annual review of performance, availability of federal funding and TPCDD funding priorities. The initial funding period is projected to be December 1, 1998 to May 31, 1999. Funding to be determined but not to exceed $75,000 per year for each year of the project. Nonfederal match of 25% is required for the first year except for projects located in counties designated as a federal poverty area for which a minimum of 10% matching resources is required. Increasing nonfederal match will be required in years two through five. For the application packet containing the full request for proposals, application forms and instructions, please submit a written or fax request to: Grants Management Director, Texas Planning Council for Developmental Disabilities, 4900 North Lamar Boulevard, Austin, Texas 78751-2399, (512) 424- 4084 phone, or (512) 424-4097 Fax. Deadline. Proposals will be accepted at the Texas Planning Council Office, 4900 North Lamar Boulevard, Office #4435, 4th Floor, Austin, Texas until 4:00 p.m. on Friday, September 4, 1998. No fax copies of proposals will be accepted. Copies of the application kit may not be faxed to applicants. TRD-9810784 Charles Schiesser Chief of Staff Texas Planning Council for Developmental Disabilities Filed: July 8, 1998 Texas Education Agency Notice of Intent Description. The Texas Education Agency (TEA) solicited a contractor through Request for Proposals (RFP) #701-97-010 for identifying and managing approximately 35 qualified persons to collect and report information to TEA for its monitoring of local educational agencies and other entities providing special education services. The purpose of this monitoring is to determine compliance with state and federal special education requirements. Approximately 250 school districts are scheduled for on-site monitoring during the 1998-1999 school year. The activities to be conducted by the contractors are detailed in the RFP. The RFP notice appeared in the April 11, 1997, issue of the Texas Register (22 TexReg 3483). The contractor, Oak Hill Technology, Inc., successfully completed the 1997-1998 contract year, meeting personnel identification and employment needs, and providing the logistical support necessary to achieve project goals. The EA, in accordance with RFP #701-97-010, initiated negotiations to extend Oak Hill Technology's contract. The contractor agreed to modify the existing contract by: (1) increasing the number of contracted monitors by five full-time equivalents (FTE) bringing the total number of contracted professionals to 40 FTEs; (2) reconfiguring contract monitors' assigned leader responsibilities and team member responsibilities to reflect 30 Team Leader assignments, 9 Team member assignments, and 1 Project Coordinator (totaling 40); (3) purchasing ten additional notebook computers with software and hardware support compatible with agency specifications as shown in the RFP; and (4) making the necessary logistical, administrative, and travel support adjustments to adequately accomplish project goals. Therefore, the TEA under the provisions of RFP #701- 97-010, intends to award the contract to the previous contractor, Oak Hill Technology, Inc., of Austin, Texas, in accordance with negotiated contract modifications. Dates of Project. All services and activities related to this contract will be conducted within specified dates. The selected contractor should plan for a starting date of no earlier than July 1, 1998, and an ending date of no later than June 30, 1999. Project Amount. The contractor may receive funding not to exceed $2,150,808 during the contract period. This project is funded 100% from IDEA, Part B, federal funds. The issuance of this notice does not obligate the TEA to award a contract or to pay any costs incurred in preparing a response. Further Information. For clarifying information, contact Dr. Forrest A. Novy, Division of Accountability Development and Support, Texas Education Agency, (512) 463-9515 or e-mail at: fnovy@tmail.tea.state.tx.us. TRD-9810774 Criss Cloudt Associate Commissioner, Policy Planning and Research Texas Education Agency Filed: July 8, 1998 Request for Proposal for the Production of Braille Textbook Copies for Texas Public Schools Eligible Proposers. The Texas Education Agency (TEA) is requesting proposals under Request for Proposals (RFP) #701-98-020 from nonprofit organizations, private companies, and regional education service centers to copy (i.e., emboss), bind, and deliver Braille textbook copies from textbooks that are to be adopted by the State Board of Education in November 1998 along with the ancillaries accompanying these state-adopted textbooks. Additionally, contractors will be responsible for copying and delivering Braille teacher editions of instructional materials upon demand. Historically underutilized businesses (HUBs) are encouraged to submit proposals. Description. The purpose of this RFP is to ensure that Texas students receive quality Braille textbooks, delivered on time, at an economical price. The adopted textbooks and ancillaries to be copied (i.e., embossed), bound, and distributed have been arranged into four production packages of various sizes. These are designated Copy Packages A, B, C, and D. Braille producers may submit a proposal for all four packages or any combination of them. However, the TEA reserves the right to select the number of packages contracted to each applicant. For example, all four packages could be awarded to one applicant or four applicants could be awarded one package each or any combination thereof. Dates of Project. All services and activities related to this RFP will be conducted within specified dates. Proposers should plan for a starting date of no earlier than January 4, 1999, and an ending date of no later than August 31, 2005. Project Amount. The project, consisting of all four production packages, will receive funding at a level not to exceed $1 million for the first year and not to exceed $1.5 million for the entire period of adoption, normally six years. Selection Criteria. Proposals will be selected based on the ability of each proposer to carry out all requirements contained in this RFP. The TEA will base its selection on, among other things, the demonstrated competence and qualifications of the proposer. The TEA reserves the right to select from the highest-ranking proposals those that address all requirements in this RFP considering the outcomes desired. The TEA is not obligated to execute a resulting contract, provide funds, or endorse any proposal submitted in response to this RFP. This RFP does not commit TEA to pay any costs incurred before a contract is executed. The issuance of this RFP does not obligate TEA to award a contract or pay any costs incurred in preparing a response. Requesting the Proposal. A complete copy of RFP #701-98-020 may be obtained by writing the: Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701, or by calling (512) 463-9304. Please refer to the RFP number in your request. Further Information. For clarifying information about this RFP, please contact Charles E. Mayo, Division of Textbook Administration, Texas Education Agency, Room 3-118, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701-1494, (512) 463-9601, or e-mail at:cmayo@tmail.tea.state.tx.us. Deadline for Receipt of Proposals. Proposals must be received in the Document Control Center of the TEA by 5:00 p.m. (Central Time), Friday, September 9, 1998, to be considered. TRD-9810778 Criss Cloudt Associate Commissioner, Policy Planning and Research Texas Education Agency Filed: July 8, 1998 Request for Proposal for the Production of Braille Masters for Texas Public Schools Eligible Proposers. The Texas Education Agency (TEA) is requesting proposals under Request for Proposals (RFP) #701-98-019 from nonprofit organizations, private companies, and regional education service centers to produce Braille textbook masters from textbooks that are to be adopted by the State Board of Education in November 1998 along with the ancillaries accompanying these state- adopted textbooks. Contractors will be responsible for brailling additional instructional materials on demand. Historically underutilized businesses (HUBs) are encouraged to submit proposals. Description. The purpose of this RFP is to ensure that Texas students receive quality Braille textbooks, delivered on time, at an economical price. The adopted textbooks and ancillaries to be brailled have been arranged into four packages of various sizes. These are designated Master Packages A, B, C, and D. Braille producers may submit a proposal for all four packages or any combination of them. However, the TEA reserves the right to select the number of packages contracted to each applicant. For example, all four packages could be awarded to one applicant or four applicants could be awarded one package each or any combination thereof. Proposers selected for contracts will be responsible for producing Braille masters of instructional materials designated in this RFP. Contractors will be responsible for brailling additional instructional materials upon request, including previously adopted ancillaries, teacher editions, and student editions. Dates of Project. All services and activities related to this RFP will be conducted within specified dates. Proposers should plan for a starting date of no earlier than January 4, 1999, and an ending date of no later than August 31, 2005. Project Amount. The project's overall estimated cost, consisting of all four production packages, will not exceed $2 million for the first year and not exceed $3 million for the entire period of adoption, normally six years. Selection Criteria. Proposals will be selected based on the ability of each proposer to carry out all requirements contained in this RFP. The TEA will base its selection on, among other things, the demonstrated competence and qualifications of the proposer. The TEA reserves the right to select from the highest-ranking proposals those that address all requirements in this RFP considering the outcomes desired. The TEA is not obligated to execute a resulting contract, provide funds, or endorse any proposal submitted in response to this RFP. This RFP does not commit TEA to pay any costs incurred before a contract is executed. The issuance of this RFP does not obligate TEA to award a contract or pay any costs incurred in preparing a response. Requesting the Proposal. A complete copy of RFP #701-98-019 may be obtained by writing the: Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701, or by calling (512) 463-9304. Please refer to the RFP number in your request. Further Information. For clarifying information about this RFP, please contact Charles E. Mayo, Division of Textbook Administration, Texas Education Agency, Room 3-118, William B. Travis Building, 1701 North. Congress Avenue, Austin, Texas 78701-1494, (512) 463-9601 or e-mail at: cmayo@tmail.tea.state.tx.us. Deadline for Receipt of Proposals. Proposals must be received in the Document Control Center of the TEA by 5:00 p.m. (Central Time), Friday, September 9, 1998, to be considered. TRD-9810779 Criss Cloudt Associate Commissioner, Policy Planning and Research Texas Education Agency Filed: July 8, 1998 General Services Commission Notice to Bidders for Project Number 97-004K-303 SEALED BIDS WILL BE RECEIVED BY GENERAL SERVICES COMMISSION (GSC) FACILITIES CONSTRUCTION SPACE MANAGEMENT (FCSM), AUSTIN, TEXAS, ON AUGUST 11, 1998 AT 3:00 PM CDT FOR: Project Number 97-004K-303, Demolition of select existing buildings, new parking lot, and minor site utility work at Phase II portion of the Texas School for the Deaf, Austin, Texas. Bid Receipt Location: General Services Commission/FCSM Division, 1711 San Jacinto, Bid Tabulation Room, Austin, Texas. Contractor Qualifications: Prime contractors should submit information to the FCSM Division on Contractor Qualification Form, provided by FCSM, no later than 5:00PM, CDT, August 4, 1998 to document compliance with contractor's qualifications requirement for this project. Information is to be used in determining if a contractor is qualified to receive a Contract Award for the project. A review by FCSM Division of contractor qualification statement is required prior to obtaining bid documents from Consultant. Bid Documents: Plans and specifications will be available after July 9, 1998 for prime contractors from Barnes Architects, Inc., 1508 West Fifth Street, Suite 200, Austin, Texas 78703, telephone (512) 476-7133. Plan deposit is $100.00 per set. Bid documents will be available for review at the FCSM Division office, 1711 San Jacinto, Suite 202M, Austin, Texas 78711, telephone (512) 475-2494, Barnes Architects, Inc., the Plan Rooms of Associated General Contractors, the Builders Exchange of Texas, F.W. Dodge Corporation, and Associated Builders and Contractors in Austin and San Antonio. Pre-Bid Conference: There will be a MANDATORY Pre-Bid Conference on July 28, 1998 AT 10:00 AM, CDT, in Temporary Building #3, Texas School for the Deaf, 1102 S. Congress Ave., Austin, Texas 78704. Any questions or concerns should be directed to Rob Parnell at (512) 475-2494. BIDS ARE TO BE MADE IN ACCORDANCE WITH STATE PROCEDURES. TRD-9810538 Judy Ponder General Counsel General Services Commission Filed: July 2, 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-9710707 Susan K. Steeg General Counsel Texas Department of Health Filed: July 7, 1998 Notice of Request for Proposals for Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) The Texas Department of Health (department), Bureau of Clinical and Nutrition Services, is accepting requests for proposals (RFP's) for the provision of women, infants, and children (WIC) program services for Cass, Harrison, Marion, Rusk and Panola counties. Eligible applicants include governmental and private nonprofit organizations. Eligible applicants must be providers of ongoing obstetric and pediatric care or have written agreements with other agencies to provide such services to WIC participants. WIC Program services include the provision of supplemental foods, nutrition education, and referral to health care for low-income pregnant, postpartum, and lactating women, and infants and children up to five years of age. An applicant may apply to serve one, all, or any combination of the five counties cited above. Notification of awards will be determined by September 25, 1998. Contracts which may be awarded as a result of this process will have a start date of November 1, 1998 and go through September 30, 1999. If none of the applicants satisfactorily meet the criteria, the department reserves the right to refrain from making a selection. The department reserves the right not to make an award because of changing funding priorities. After application review and evaluation, an applicant or applicants will be selected to negotiate a contract or contracts. Contractors are referred to as "local agencies". Funds are provided to local agencies through monthly reimbursement of actual program expenses. Actual WIC expenditures are reimbursed at a participant rate established annually by the department. The department reserves the right to adjust the funding allocation during the term of the contract pursuant to the terms of the contract. Individuals or agencies interested in submitting a proposal may request a copy of the RFP from Carl W. Clark, M.P.H., Bureau of Clinical and Nutrition Services, at (512) 458-7111, extension 6705, or an electronic copy may be obtained from the Internet site, TEXAS MARKETPLACE at http://www.texas-one.org (maintained by the Texas Department of Economic Development). The original and five copies of the proposal must be received by 5:00 p.m. central daylight saving time, on August 21, 1998, at The WIC Program, Bureau of Clinical and Nutrition Services, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3199, or must be postmarked not later than 11:59 p.m. central daylight saving time, on August 21, 1998. Incomplete proposals and proposals received after the deadline, or postmarked later than 11:59 p.m. central daylight saving time on August 21, 1998, will not be evaluated. TRD-9810709 Susan K. Steeg General Counsel Texas Department of Health Filed: July 7, 1998 Texas Department of Housing and Community Affairs Notice of Public Hearing TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS MULTIFAMILY HOUSING REVENUE BONDS (GREENS OF HICKORY TRAIL APARTMENTS ) SERIES 1998 Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs ("the Department") at the Polk Wisdom Branch Library, 7151 Library Lane, Dallas, Texas at 12:00 p.m. on Monday, August 10, 1998, with respect to an issue of multifamily residential rental project revenue bonds (the "Bonds") to be issued in one or more series in the aggregate principal amount not to exceed $13,500,000, by the Texas Department of Housing and Community Affairs (the "Issuer"). The proceeds of the Bonds will be loaned to Brisben Hickory Limited Partnership (the "Borrower"), to finance a portion of the acquisition, construction and equipping of a multifamily housing project (the "Project") described as follows: 250 unit multifamily residential rental development to be constructed on a tract of land located in the 8600 Block of Old Hickory Trail, approximately one-quarter mile south of the intersection of Old Hickory Trail and East Wheatland Road, Dallas, Texas 75237. The Project will be owned and operated by Brisben Hickory Limited Partnership. The Project will be managed by National Realty Management Limited Partnership. All interested parties are invited to attend such public hearing to express their views with respect to the Project and the issuance of the Bonds. Questions or requests for additional information may be directed to Robert Onion at the Texas Department of Housing and Community Affairs, 507 Sabine, Austin, Texas 78701; (512) 475-3872. Persons who intend to appear at the hearing and express their views are invited to contact Robert Onion in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to Robert Onion prior to the date scheduled for the hearing. Individuals who require auxiliary aids in order to attend this meeting should contact Gina Arenas, ADA Responsible Employee, at (512) 475-3943 or Relay Texas at 1 800 735-2989 at least two days before the meeting so that appropriate arrangements can be made. http://www.tdhca.state.tx.us/hf.htm Individuals who require child care to be provided at this meeting should contact Dina Gonzalez at (512) 475-3757 at least five days before the meeting so that appropriate arrangements can be made. TRD-9810758 Larry Paul Manley Executive Director Texas Department of Housing and Community Affiars Filed: July 7, 1998 Houston-Galveston Area Council Request for Proposal The Houston-Galveston Area Council (H-GAC) is requesting written proposals to conduct a cost and information update for candidate 2000-2002 Transportation Improvement Program (TIP) projects. This project will involve the evaluation and estimation of actual project costs (preliminary engineering, environmental analysis, right-of-way, and construction) associated with candidate 2000-2002 TIP Projects. The selected consultant will be required to analyze and research approximately 650 TIP candidate project files, and update with accurate capital project cost information. The Request for Proposal (RFP) can be reviewed on the H-GAC web page at www.hgac.cog.tx.us. The closing date for proposal submissions is July 23, 1998, at 5:00 p.m. All submissions should be delivered to the H-GAC offices located at 3555 Timmons Lane, Suite 500, Houston, Texas 77027, Attention: Mr. Rick Beverlin, Transportation Planner. All questions regarding the scope of work to be performed should be submitted in writing to the attention of Rick Beverlin, Transportation Planner, Houston-Galveston Area Council, P.O. Box 22777, Houston, Texas 77227-2777; Fax: (713) 993-4508; E-mail: rick.beverlin@hgac.cog.tx.us. TRD-9710771 Alan Clark MPO Director Houston-Galveston Area Council Filed: July 8, 1998 Texas Department of Human Services Public Notice The Texas Department of Human Services (DHS) has published a report outlining the intended use of federal block grant funds during fiscal year 1999 for Title XX social services programs administered by DHS, the Texas Department of Health, the Texas Department of Mental Health and Mental Retardation, the Texas Department of Protective and Regulatory Services, the Texas Education Agency, and the Texas Workforce Commission. Four public hearings were held around the state in April 1998 to obtain testimony on the recommended use of Title XX funds. To obtain free copies of the report, send written requests to Elisa Hendricks, Federal Relations Director, Government Relations Division, Mail Code W-623, Texas Department of Human Services, P.O. Box 149030, Austin, Texas 78714-9030. DHS is seeking written comments from representatives of both public and private sectors regarding the proposed use of Title XX block grant funds. Written comments will be accepted for 30 days. Please mail comments to the address listed previously. TRD-9810693 Glen Scott General Counsel, Legal Counsel Texas Department of Human Services Filed: July 7, 1998 Texas Department of Insurance Insurer Services The following application has been filed with the Texas Department of Insurance and is under consideration: Application to change the name of THE MUTUAL LIFE INSURANCE COMPANY OF NEW YORK to MONY LIFE INSURANCE COMPANY, a foreign life company. The home office is located in New York City, New York. Any objections must be filed within 20 days after this notice was filed with the Texas Department of Insurance, addressed to the attention of Kathy Wilcox, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701. TRD-9810753 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: July 7, 1998 Notice of Applications by Small Employer Carriers to be Risk-Assuming Carriers Notice is given to the public of the application of the listed small employer carrier to be a risk-assuming carrier under Texas Insurance Code Article 26.52. A small employer carrier is defined by Chapter 26 of the Texas Insurance Code as a health insurance carrier that offers, delivers or issues for delivery, or renews small employer health benefit plans subject to the chapter. A risk- assuming carrier is defined by Chapter 26 of the Texas Insurance Code as a small employer carrier that elects not to participate in the Texas Health Reinsurance System. The following small employer carrier has applied to be a risk-assuming carrier: Memorial Sisters of Charity HMO, L.L.C. The application is subject to public inspection at the offices of the Texas Department of Insurance, Financial Monitoring Unit, 333 Guadalupe, Hobby Tower 3, 3rd Floor, Austin, Texas. If you wish to comment on this application to be a risk-assuming carrier, you must submit your written comments within 60 days after publication of this notice in the Texas Register to Lynda H. Nesneholtz, General Counsel and Chief Clerk, Mail Code 113-1C, Texas Department of Insurance, P. O. Box 149104, Austin, Texas 78714-91204. An additional copy of the comments must be submitted to Mike Boerner, Managing Actuary, Actuarial Division of the Financial Program, Mail Code 304-3A, Texas Department of Insurance, P. O. Box 149104, Austin, Texas 78714-9104. Upon consideration of the application, if the Commissioner is satisfied that all requirements of law have been met, the Commissioner or his designee may take action to approve the application to be a risk-assuming carrier. TRD-9810548 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: July 2, 1998 Notices of Public Hearings The Commissioner of Insurance or his designee at a public hearing under Docket Number 2371, scheduled for August 18, 1998 at 9:00 a.m. in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas will consider amendments proposed by the Staff of the Workers' Compensation Division to the Texas Basic Manual of Rules, Classifications and Experience Rating Plan for Workers' Compensation and Employers' Liability Insurance (the Manual). The purpose of these proposed amendments to the Manual is to combine certain classifications with like or similar hazards, to eliminate clerical and outsides salespersons from the classification wordings for several classifications, to eliminate conflicting language within the classification wordings and footnotes, and to provide clarification to some of the classification wordings by amending the language. The proposed changes by the staff are summarized as follows: 1. Combination of the following classifications with like or similar hazards: * Code 2150 Ice Manufacturing into Code 6504 Food Sundries Manufacturing * Code 2883 Furniture Manufacturing into Code 2881 Furniture Assembly - Wood * Code 3076 Aluminum Awning Manufacturing into Code 3066 Aluminum Door, Window and Frame Manufacturing; * Code 3093 Pipe or Tube Manufacturing - Cast Iron into Code 3028 Pipe or Tube Manufacturing - Iron or Steel; * Code 4113 Cathedral or Art Glass Window Manufacturing into Code 4101 Glass Manufacturing - Polished Plate; * Code 7389 Ice Manufacturing Drivers into Code 7380 - Drivers, Chauffeurs and their Helpers; * Code 8038 Restaurant - Fast Food and Code 9078 Commissary Work into Code 9079 Restaurant NOC; * Code 8393 Automobile Body Repair into Code 8391 Automobile Repair Shop; * Code 8605 Oil or Gas Geologist or Scout into Code 8601 Surveyors; * Code 9403 Garbage and Refuse Collection - Containerized into Code 9402 Sewer Cleaning; 2. Removal of the inclusion of clerical employees from the following classifications: * Code 4360 Motion Picture: Production & Development of Negatives * Code 4362 Motion Picture: Film Exchange & projection rooms * Code 7610 Radio or Television Broadcasting Station * Code 8832 Physician * Code 8838 Museum or Public Library * Code 8868 School or Church * Code 9033 Housing Authority * Code 9060 Club - Country, golf, fishing or yacht * Code 9061 Club NOC * Code 9063 Health Clubs, YMCA 3. Removal of the inclusion of salespersons from the following classifications: * Code 4361 Photographer * Code 5192 Vending Machines * Code 7230 News Agent or Distributor of Magazines or Other Periodicals * Code 8288 Stockyards * Code 9033 Housing Authority * Code 9052 Hotel 4. Changes in the following classifications to classifications with lower relativities: * Golf Cart Rental or Repair from Codes 8385 and 8002 to Code 8017 * News Agent or Dealer of Magazines, Newspapers or Other Periodicals from Code 7230 to Code 8017 if retail or Code 8018 if wholesale 5. Editorial changes to the footnotes and classifications wordings in the Classification Section of the Manual due to other changes made or for clarification. 6. Amending the footnote under Codes 9015 and 9032 to allow Managers/Directors performing clerical duties exclusively to be rated as Code 8810; Managers/Directors or leasing agents performing outside salesperson duties such as showing, leasing or inspecting property to be rated as Code 8742; and Managers/Directors performing maintenance duties or directly supervising maintenance work to be rated as either 9015 or 9032. The Commissioner has jurisdiction over this matter pursuant to the Insurance Code, Articles 5.96 and 5.60. A copy of the amendments containing the full text of the proposed amendments is available for review in the Office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street in Austin, Texas. For further information or to request copies of the amendments, please contact Ms. Angie Arizpe (512) 322- 4147, (refer to Reference Number W-0798-16-I). The staff and the Commissioner request that written comments to these proposed amendments be submitted prior to the public hearing on August 18, 1998. The written comments should be directed to Lynda Nesenholtz, General Counsel and Chief Clerk, Texas Department of Insurance, P. O. Box 149104, MC 113-2A, Austin, Texas 78714-9104. An additional copy of the comments is to be submitted to Nancy Moore, Deputy Commissioner, Workers' Compensation Division, Texas Department of Insurance, P. O. Box 149092, Austin, Texas 78714-9092. Public testimony at the hearing on August 18, 1998, is also invited and encouraged. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Government Code, Chapter 2001 (Administrative Procedure Act). The agency hereby certifies that the proposal has been reviewed by the legal counsel and found to be within the agency's authority to adopt. TRD-9810551 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: July 2, 1998 The Commissioner of Insurance (Commissioner) will hold a public hearing under Docket Number 2372 on August 18, 1998 at 9: 00 a.m., in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas to consider a petition by the staff of the Texas Department of Insurance (TDI) proposing the adoption of revised Texas Workers' Compensation Classification Relativities (classification relativities) to replace those adopted in Commissioner's Order Number 96-1038 dated September 12, 1996, and the adoption of a revised table to amend the Texas Basic Manual of Rules, Classification, and Experience Rating Plan for Workers' Compensation and Employers' Liability Insurance (Manual). The petition requests consideration of a schedule of the revised classification relativities and a table amending the Manual. The revised classification relativities schedule is proposed to replace the classification relativities adopted by TDI in Commissioner's Order 96-1038 effective January 1, 1997. The table amending the Manual concerns the Expected Loss Rates and Discount Ratios. The revised table is proposed to replace Table II, pages ER-21 through ER-29 of the Manual. The petition requests that the proposed revised classification relativities be available for adoption by insurers immediately, but that their use be mandatory for all policies with an effective date on or after January 1, 1999. The petition requests that the revised table amending the Manual be made effective for workers' compensation policies with an effective date on or after January 1, 1999. Article 5.60(a) of the Texas Insurance Code authorizes the Commissioner to determine hazards by classes and fix classification relativities applicable to the payroll in each class for workers' compensation insurance. Article 5.60(d) provides that the Commissioner revise the classification system at least once every five years. The classification relativities currently in effect were based on experience data reflecting workers' compensation experience from policies with effective dates in 1991 through 1993. That data reflected experience subsequent to the Texas Workers' Compensation Reform Legislation (Reform Legislation) which became effective on January 1, 1991. The Reform Legislation has had a dramatic effect on workers' compensation experience due to the adoption of revised medical schedules, permanent and partial disability ratings, and increases in maximum weekly benefits payable to injured workers. The proposed classification relativities are based on the analysis of experience data from policies with effective dates in 1991 through 1995. In addition to changes in experience due to legislative changes, the staff's proposed classification relativities also reflect changes in experience that occur over time, due to such things as technological advances and improvement in safety programs. The indicated resulting relativities were initially balanced to the level of the current relativities through the application of off-balance factors. This provides for a revenue neutral set of relativities in relation to the current relativities. The staff proposes to limit changes in the classification relativities that have been balanced overall to the level of the current relativities to +25% and -25%. This would help to minimize possible rate shock due to large indicated changes in the relativities. The individual company rates currently on file with TDI are, on average, approximately 22% below the level of the current relativities. In addition, the application of schedule rating plans produces an average credit of almost 13% based on TDI's most recent information. This suggests that the level of premiums actually charged are approximately 32% below the level of the existing relativities, without considering other competitive tools available to insurers such as negotiated deductibles credits and negotiated experience modifications. The rating system in Texas is somewhat unique in that it does not include approved or promulgated loss costs, nor approved or advisory rates. Instead, the Texas rating system has classification relativities, which bear no necessary relationship to what insurers should charge, or are charging. However, people not familiar with the system frequently mistake the classification relativities for guideline rates and may also use them inappropriately to prepare cost comparisons with other jurisdictions. Such comparisons can place Texas at a competitive disadvantage in attracting new industry. Staff therefore proposes that all of the classification relativities be reduced by 30%. This reduction would produce numbers more in line with what is actually charged, and would maintain a known benchmark against which insurers could measure their own rate needs. This recommended change has no obvious affect on insurer pricing strategies. With the knowledge of the level of the classification relativities, insurers could adjust the factor applied to the classification relativities to produce adequate rates. Modifications to the classification relativities require concurrent changes in the table of Expected Loss Rates and Discount Ratios. The table is contained in the Manual as part of the uniform experience rating plan. The current Table II of the Manual concerning Experience Loss Rates and Discount Ratios was adopted on September 12, 1996 and became effective on January 1, 1997. The current expected loss rates are essentially based on the level of losses used to experience rate a policy effective on July 1, 1997. Staff proposes an adjustment to be more reflective of the level of losses that would be used to experience rate policies that would be effective in 1999. The Reform Legislation has had the effect of significantly reducing the indicated expected loss rates in relation to the current loss rates. Staff proposes to cap changes in the new expected loss rates to +25% and -25%. This would help minimize possible premium shock, which could otherwise occur based solely on the changes in the classification relativities, the expected loss rates, and the discount ratios. The Commissioner has jurisdiction of this matter pursuant to the Texas Insurance Code, Article 5.60 and 5.96. Copies of the full text of the staff petition and the proposed revised schedule and table are available for review in the Office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas, 78714-9104. For further information or to request copies of the petition and proposed revised schedule and table, please contact Angie Arizpe at (512) 322-4147 (refer to Reference Number W-0798-17-I.) Comments on the proposed changes must be submitted in writing within 30 days after publication of the proposal in the Texas Register to the Office of Chief Clerk, P. O. Box 149104, MC 113-2A, Austin, Texas, 78714-9104. An additional copy of the comment should be submitted to Philip Presley, Chief Property and Casualty Actuary, P. O. Box 149104, MC 105-5F, Austin, Texas, 78714-9104. This notification is made pursuant to the Texas Insurance Code, Article 5.96, which exempts action taken under this article from the requirements of the Administrative Procedure Act (Government Code, Title 10, Chapter 2001). This agency hereby certifies that the proposed rules have been reviewed by legal counsel and found to be within the agency's authority to adopt. TRD-9810552 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: July 2, 1998 Texas State Library and Archives Commission Quarterly Report of Consultant Contract Reports Received by the Texas State Library By law (V.T.C.A., Government Code 2254, Subchapter B), state agencies and regional councils of governments are required to file with the Office of the Secretary of State invitations to bid and details on bidding on private consultant contracts expected to exceed $10,000. Within 10 days of the award of the contract, the agency must file with the Secretary of State a description of the study to be conducted, the name of the consultant, the amount of the contract, and the due dates of the reports. Additionally, sec.2254.036, directs the contracting agencies to file copies of all documents, films, recordings, or reports developed by the private consultants with the Texas State Library. The Library is required to compile a list of the materials received and submit the list quarterly for publication in the Texas Register. The following is a list of materials received for the second quarter of 1998. These materials may be examined in Room 300, Texas State Library, 1201 Brazos Street, Austin, Texas. Agency: Comptroller of Public Accounts Consultant: Neal and Gibson Title: School performance review, Socorro Independent School District: a report from the Texas Performance Review Agency: Comptroller of Public Accounts Consultant: Empirical Management Services Title: School performance review, Ysleta Independent School District: a report from the Texas Performance Review Agency: Comptroller of Public Accounts Consultant: Empirical Management Services Title: School performance review, Wimberley Independent School District: a report from the Texas Performance Review Agency: Board for Educator Certification Consultant: National Evaluation Systems Title: (1) TASC and TASC-ASL : Texas Assessment of Sign Communication and Texas Assessment of Sign Communication-American Sign Language 1997-1998 registration bulletin; (2) Expanded preparation guide, TASC and TASC-ASL; (3) TASC and TASC- ASL expanded preparation kit : videotaped interview responses [videocassette] Agency: General Services Commission Consultant: Ruby Mountain, Inc. Title: Strategic planning and loan program development project : final report Agency: General Services Commission Consultant: Phoenix Planning & Evaluation Ltd. Title: State of Texas statewide electronic commerce feasibility study Agency: Department of Health Consultant: The Lewin Group, Inc. Title: (1) Medicaid central data library and warehouse detailed requirements analysis; (2) Implementation strategy and operation and management model; (3) Phase I desk review on-site protocol; (4) Phase II desk review on-site protocol Agency: Department of Health Consultant: Health Provider Services Inc. Title: TDH hospitals long-range plan Agency: Natural Resource Conservation Commission Consultant: Desert Research Institute, Energy and Environmental Engineering Center Title: Texas 1996 remote sensing feasibility study : final report Agency: Natural Resource Conservation Commission Consultant: Coastal Bend Bays Foundation Title: Providing information and advice on gathering and evaluating input from identified stakeholders : final report Agency: Natural Resource Conservation Commission Consultant: TechLaw Inc. Title: (1) Business process and organization review : project plan and timeline; (2) Business process redesign and organizational review : interim report of findings [draft]; (3) Business process redesign and organizational review : interim report of findings, February 1998; (4) Business process redesign and organizational review : proposed management, organization and business process report, April 8, 1998; (5) Business process redesign and organizational review : proposed management, organization and business process final report, May 1, 1998 Agency: Department of Transportation Consultant: Jeanneret & Associates, Inc. Title: Job evaluation system prepared for Texas Department of Transportation Agency: Department of Transportation Consultant: Public Sector Personnel Consultants Title: Salary and benefits survey results TRD-9810688 Raymond Hitt Assistant State Librarian Texas State Library and Archives Commission Filed: July 6, 1998 Texas Low-Level Radioactive Waste Disposal Authority Request for Proposals Revised Request for Proposal for Financial Consultant This request for proposal is filed under the provisions of Texas Civil Statutes, Health and Safety Code, Chapter 402. This request supercedes the previously published "Request for Proposal for Financial Advisor." 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"). In 1997, the Seventy-fifth Texas Legislature passed H.B. 1077, which transferred the authority to issue such bonds to the Texas Public Finance Authority (the TPFA). 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 TPFA. The bonds will not be a debt or a pledge of the faith and credit of the State of Texas, the TPFA, or any public entity and shall be payable from receipts collected by the TPFA 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. The TPFA is governed by a six-member board of directors (the "TPFA Board"), appointed by the governor with the advice and consent of the senate for six-year staggered terms. The TPFA is operated with a staff of 15 employees, headed by an executive director, Kimberly K. Edwards. Ms. Edwards has served as the executive director since March 1997. 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 Blvd., 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 CONSULTANT." 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 consultant 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 and the TPFA Board a plan of financing. The development of the plan of financing may include financial feasibility analysis, such as developing pro forma revenue and expenditure statements, cash-flow analysis, and other financial models to identify a stream of revenue to support the debt service on the bonds that will result in the most advantageous terms to the Authority, consistent with a minimum effective interest rate; (2) advising the Authority in providing information to various legislators, state agencies, and other persons; and (3) upon request, assisting and providing information to the TPFA and its consultants or advisors necessary to obtain financing for the facility. 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) 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. (5) Clearly specify the firm's proposed hourly fee. 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. (6) 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. (7) Provide any other information about the firm that you feel is relevant to the consideration of your firm being chosen as financial consultant. The TPFA will contract with a financial consultant under separate contract to facilitate the issuance of the bonds or other financing mechanisms. 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-9810618 Lee H. Mathews Deputy General Manager and General Counsel Texas Low-Level Radioactive Waste Disposal Authority Filed: July 6, 1998 Texas Natural Resource Conservation Commission Enforcement Orders An agreed order was entered regarding BRITE-SOL SERVICES, INC., Docket Number 97-0592-IHW-E; SWR Number 31044 on June 22, 1998 assessing $13,920 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Kara L. Salmanson, Staff Attorney, TNRCC Legal Division (MC 175) or Anne Rhyne, Enforcement Coordinator, TNRCC Enforcement Division (MC 128), Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding WINDY HILL UTILITIES, INC., Docket Number 97-0444-MWD-E; Permit Number 11762-001; CCN Number 20658; Enforcement ID Number 8763 on June 22, 1998 assessing $5,000 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Booker Harrison, Staff Attorney, TNRCC Legal Division (MC 175) or Brian Lehmkuhle, Enforcement Coordinator, TNRCC Enforcement Division (MC 149), Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711- 3087. An agreed order was entered regarding MERICHEM COMPANY AND MERICHEM-SASOL USA LLC, Docket Number 97-1024-AIR-E; Account Number HG-0486-G; Enforcement ID Number 474 on June 22, 1998 assessing $37,070 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Miriam Hall, Enforcement Coordinator, TNRCC Enforcement Division (MC 169), Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711- 3087. An agreed order was entered regarding H & B CONTRACTORS, INCORPORATED, Docket Number 97-1130-AIR-E; Account Number MB-0055-U; Enforcement ID Number 12024 on June 22, 1998 assessing $900 in administrative penalties with $180 deferred. Information concerning any aspect of this order may be obtained by contacting Suzanne Walrath, Enforcement Coordinator, TNRCC Enforcement Division (MC 169), Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding ALBUQUERQUE AUTO WHOLESALE, Docket Number 97-1151-AIR-E; Account Number EE-1257-U; Enforcement ID Number 11982 on June 22, 1998 assessing $500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Stacey Young, Enforcement Coordinator, TNRCC Enforcement Division (MC 169), Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding U.S. RENTALS, INCORPORATED, Docket Number 97-1109-AIR-E; Account Number EE-1203-U; Enforcement ID Number 11909 on June 22, 1998 assessing $2,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Stacey Young, Enforcement Coordinator, TNRCC Enforcement Division (MC 169), Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding VENUS MARBLE COMPANY, INC., Docket Number 96-1392-AIR-E; TNRCC ID Number DB-1624-T; TNRCC Permit Number T-17337; Enforcement ID Number 168 on June 22, 1998 assessing $9,600 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Cecily Small Gooch, Staff Attorney, TNRCC Legal Division (MC 175) or David Edge, Enforcement Coordinator, TNRCC Enforcement Division (MC 169), Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding SHINTECH INC., Docket Number 97-0935-AIR- E; Account Number BL-0051-F; Enforcement ID Number 10237 on June 22, 1998 assessing $1,800 in administrative penalties with $360 deferred. Information concerning any aspect of this order may be obtained by contacting Miriam Hall, Enforcement Coordinator, TNRCC Enforcement Division (MC 169), Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711- 3087. A default order was entered regarding TOAI VO DBA VT AUTO SALES, Docket Number 97-0945-AIR-E; TNRCC ID Number HX-1533-W; Enforcement ID Number 11922 on June 22, 1998 assessing $1,250 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Cecily Small Gooch, Staff Attorney, TNRCC Legal Division (MC 175) or Tel Croston, Enforcement Coordinator, TNRCC Enforcement Division (MC 169), Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711- 3087. An agreed order was entered regarding BAILEY METAL PROCESSORS, INC., Docket Number 95-1431-IHW-E; TNRCC ID Number SWR 80049; Enforcement ID Number 1953 on June 22, 1998 assessing $3,440 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Mary Risner, Staff Attorney, TNRCC Legal Division (MC 175) or Susan Johnson, Enforcement Coordinator, TNRCC Enforcement Division (MC 128), Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding EAST TEXAS PLATING COMPANY, Docket Number 97-1042-IHW-E; SWR Number 75060; EPA ID Number TXD982757593; Enforcement ID Number 10162 on June 22, 1998 assessing $14,560 in administrative penalties with $2,910 deferred. Information concerning any aspect of this order may be obtained by contacting Anne Rhyne, Enforcement Coordinator, TNRCC Enforcement Division (MC 128), Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711- 3087. A default order was entered regarding MR. BAYLIS HARRISS, JR., Docket Number 97- 0438-PST-E; TNRCC ID Number 16332 on June 22, 1998 assessing $7,200 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting John Peeler, Staff Attorney, TNRCC Legal Division (MC 175) or Craig Carson, Enforcement Coordinator, TNRCC Enforcement Division (MC 134), Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding SEGOVIA ENTERPRISES, INC., Docket Number 97-0910-PST-E; PST Facility ID 0048709; Enforcement ID Number 11886 on June 22, 1998 assessing $3,200 in administrative penalties with $600 deferred. Information concerning any aspect of this order may be obtained by contacting Carolyn Lind, Enforcement Coordinator, TNRCC Enforcement Division (MC R-8), Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding COMAL COUNTY FRESH WATER SUPPLY DISTRICT #1, Docket Number 97-0145-PWS-E; PWS Number 0460164 on June 22, 1998 assessing $5,540 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Guy Henry, Staff Attorney, TNRCC Legal Division (MC 175) or Tom Napier, Enforcement Coordinator, TNRCC Enforcement Division (MC 149), Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding FISH RANCHES OF TEXAS, LTD, Docket Number 98-0146-IWD-E; TNRCC ID Number 03116; Account Numbers 0104722 and 0608911 on June 22, 1998 assessing $17,724.98 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Mary Risner, Staff Attorney, TNRCC Legal Division (MC 175) or Peyton Sparks, Enforcement Coordinator, TNRCC Financial Administration Division (MC 214), Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711- 3087. TRD-9810798 Eugenia K. Brumm, Ph.D. Chief Clerk Texas Natural Resource Conservation Commission Filed: July 8, 1998 Notices of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions The Texas Natural Resource Conservation Commission (TNRCC or commission) Staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (the Code), sec.7.075, which requires that the TNRCC may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is August 16, 1998. Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO are made in response to written comments. A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable Regional Office listed as follows. Written comments about these AOs should be sent to the enforcement coordinator designated for each AO at the TNRCC's Central Office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on August 16, 1998. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The TNRCC enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, sec.7.075 provides that comments on the AOs should be submitted to the TNRCC in writing. (1)COMPANY: Lorenzo Borrego dba Borrego Motors; DOCKET NUMBER: 98-0137-AIR-E; IDENTIFIER: Account Number EE-0772-G; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: used car dealership; RULE VIOLATED: 30 TAC sec.114.20(c)(1) and the THSC, sec.382.085(b), by offering for sale a vehicle with missing emission control equipment; PENALTY: $360; ENFORCEMENT COORDINATOR: Stacey Young, (512) 239-1899; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634. (2)COMPANY: Ms. Pamela Cheatham; DOCKET NUMBER: 96-1874-LII-E; IDENTIFIER: Licensed Irrigator Number LI0004337; LOCATION: Plano, Collin County, Texas; TYPE OF FACILITY: irrigation system installation; RULE VIOLATED: 30 TAC sec.;344.308, 344.507, 344.503, and 344.301, by failing to meet minimum industry standards for licensed irrigators and licensed installers as related to the installation of irrigation systems, by failing as a licensed irrigator on all installations of new irrigation systems to present the customer a written statement of guarantees for materials and labor furnished in the installation of the irrigation system, by failing as a licensed irrigator to maintain proficiency in the field of irrigation, and by failing as a licensed irrigator or licensed installer to comply with reasonable inspection requirements, ordinances, or regulations designed to protect the public water supply; PENALTY: $980; ENFORCEMENT COORDINATOR: Karen Berryman, (512) 239-2172; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (3)COMPANY: The City of Midlothian; DOCKET NUMBER: 98-0096-MWD-E; IDENTIFIER: Permit Number 10348-001; LOCATION: Midlothian, Ellis County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 10348-001 and the Code, sec.26.121, by exceeding the daily average ammonion-nitrogen permit effluent limitation of three milligrams per liter; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Merrilee Mears, (512) 239-4490; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (4)COMPANY: The City of Mineral Wells; DOCKET NUMBER: 98-0123-MWD-E; IDENTIFIER: Permit Number 10585-003; LOCATION: Mineral Wells, Parker County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC sec.305.125(2), Permit Number 10585-003, and the Code, sec.26.121, by failing to renew its permit on or before the expiration date and by allowing the discharge of waste without authorization, permit, or order; PENALTY: $15,625; ENFORCEMENT COORDINATOR: Merrilee Mears, (512) 239-4490; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (5)COMPANY: Farris Concrete Company; DOCKET NUMBER: 98-0274-AIR-E; IDENTIFIER: Account Number 93-1289-H; LOCATION: Saginaw, Tarrant County, Texas; TYPE OF FACILITY: concrete batch plant; RULE VIOLATED: 30 TAC sec.116.110(a) and the Act, sec.382.085(b) and sec.382.0518(a), by constructing and operating a concrete batch plant without satisfying the conditions for a permit exemption or obtaining a permit; PENALTY: $5,000; ENFORCEMENT COORDINATOR: Carl Schnitz, (512) 239-1892; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (6)COMPANY: Mr. Enrique Galvan; DOCKET NUMBER: 97-0432-LII-E; IDENTIFIER: Enforcement Identification Number 12209; LOCATION: Del Rio, Val Verde County, Texas; TYPE OF FACILITY: irrigation system installation; RULE VIOLATED: The Code, sec.34.007(a), by failing to obtain a valid certificate of registration as a licensed irrigator in order to legally install landscape irrigation systems; PENALTY: $992; ENFORCEMENT COORDINATOR: Karen Berryman, (512) 239-2172; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490- 3096. (7)COMPANY: Mr. George Gates dba Gates Construction and Mr. Ron Pitts; DOCKET NUMBER: 98-0027-AIR-E; IDENTIFIER: Account Numbers HF-0214-G and HF-0215-E; LOCATION: Lumberton, Hardin County, Texas; TYPE OF FACILITY: land clearing operation RULE VIOLATED: 30 TAC sec.111.201 and the THSC, sec.382.085(b), by conducting outdoor burning one hour prior to sunset, leaving fire unattended, burning synthetic rubber, and causing adverse effects to an offsite structure containing sensitive receptors; and 30 TAC sec.101.4 and the THSC, sec.382.085(a) and(b), by creating a nuisance condition; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Susan Kelly, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838. (8)COMPANY: H & H Meat Products Company, Incorporated; DOCKET NUMBER: 98-0105- AIR-E; IDENTIFIER: Account Number HN-0051-T; LOCATION: Mercedes, Hidalgo County, Texas; TYPE OF FACILITY: rendering plant; RULE VIOLATED: 30 TAC sec.116.110(a) and the THSC, sec.382.0518(a) and sec.382.085(b), by constructing a rendering plant without a permit; PENALTY: $3,750; ENFORCEMENT COORDINATOR: Carl Schnitz, (512) 239-1892; REGIONAL OFFICE: 134 East Van Buren, Suite 301, Harlingen, Texas 78550-6807, (956) 425-6010. (9)COMPANY: Mr. Don Jones; DOCKET NUMBER: 96-1872-LII-E; IDENTIFIER: Licensed Irrigator Number LI0001980; LOCATION: Denton, Denton County, Texas; TYPE OF FACILITY: irrigation system installation; RULE VIOLATED: 30 TAC sec.;344.303, 344.308, and 344.503, by failing to design, install, maintain, repair, and service irrigation systems in a manner that will promote water conservation, by failing to meet minimum industry standards for licensed irrigators and licensed installers as related to the installation of irrigation systems, and by failing as a licensed irrigator to maintain proficiency in the field of irrigation; PENALTY: $1,050; ENFORCEMENT COORDINATOR: Karen Berryman, (512) 239-2172; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (10)COMPANY: Mr. Kevin Keane; DOCKET NUMBER: 97-0421-LII-E; IDENTIFIER: Licensed Irrigator Number LI0002967; LOCATION: Plano, Collin County, Texas; TYPE OF FACILITY: irrigation system installation; RULE VIOLATED: 30 TAC sec.344.301, by failing as a licensed irrigator or licensed installer to comply with reasonable inspection requirements, ordinances, or regulations designed to protect the public water supply; PENALTY: $625; ENFORCEMENT COORDINATOR: Karen Berryman, (512) 239-2172; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (11)COMPANY: Mr. Maurice Keane; DOCKET NUMBER: 97-0420-LII-E; IDENTIFIER: Licensed Irrigator Number LI0002968; LOCATION: Plano, Collin County, Texas; TYPE OF FACILITY: irrigation system installation; RULE VIOLATED: 30 TAC sec.344.301, by failing as a licensed irrigator or licensed installer to comply with reasonable inspection requirements, ordinances, or regulations designed to protect the public water supply; PENALTY: $625; ENFORCEMENT COORDINATOR: Karen Berryman, (512) 239-2172; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (12)COMPANY: Mr. Berry Linden Mulford; DOCKET NUMBER: 97-0431-LII-E; IDENTIFIER: Licensed Irrigator Number LI0004610; LOCATION: Del Rio, Val Verde County, Texas; TYPE OF FACILITY: irrigation system installation; RULE VIOLATED: 30 TAC sec.344.225(c) and sec.344.58(c), by authorizing or allowing anyone else to use the certificate of registration to act as a licensed irrigator or licensed installer on June 21, July 24, September 6, and November 19, 1996; PENALTY: $1,240; ENFORCEMENT COORDINATOR: Karen Berryman, (512) 239-2172; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490- 3096. (13)COMPANY: National Recycling and Developers, Incorporated; DOCKET NUMBER: 98- 0360-AIR-E; IDENTIFIER: Account Number JH-0245-V; LOCATION: Cleburne, Johnson County, Texas; TYPE OF FACILITY: metal recycling; RULE VIOLATED: 30 TAC sec.111.201, sec.330.5(d), and the THSC, sec.382.085(b), by conducting outdoor burning of three lawn mower frames; PENALTY: $1,000; ENFORCEMENT COORDINATOR: Carl Schnitz, (512) 239-1892; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (14)COMPANY: North Texas Municipal Water District; DOCKET NUMBER: 98-0056-MWD-E; IDENTIFIER: Permit Number 12446-001; LOCATION: McKinney, Collin County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: Permit Number 12446-001 and the Code, sec.26.121, by exceeding the permitted daily maximum limit for total suspended solids and the daily average limit for ammonia- nitrogen; PENALTY: $35,100; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239- 4495; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (15)COMPANY: Texas Parks and Wildlife Department, Hueco Tanks State Historical Park; DOCKET NUMBER: 98-0136-AIR-E; IDENTIFIER: Account Number EE-1706-M; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: state park; RULE VIOLATED: 30 TAC sec.114.100(a) and the THSC, sec.382.085(b), by dispensing gasoline for use as motor vehicle fuel which failed to meet the minimum oxygen content of 2.7% by weight; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Stacey Young, (512) 239-1899; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634. TRD-9810712 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: July 7, 1998 The Texas Natural Resource Conservation Commission (TNRCC) Staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to the Texas Water Code (TWC), sec.7.075. Section 7.705 requires that before the TNRCC may approve these AOs, the TNRCC shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is August 15, 1998. Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withdraw or hold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's Orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments. A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Written comments about these AOs should be sent to the attorney designated for each AO at the TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on August 15, 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 type- name="bold">writing. (1)COMPANY: Automotive Collision Specialist; DOCKET NUMBER: 97-1066-AIR-E; TNRCC ID NUMBER: SI0067S; LOCATION: Center, Shelby County, Texas; TYPE OF FACILITY: automotive repair and refinishing shop; RULE VIOLATED: 30 TAC sec.116.115(a) and Texas Health and Safety Code, sec.382.085(b) and sec.382.0518, by operating without first obtaining a permit or satisfying the conditions of a permit exemption; PENALTY: $2,500; STAFF ATTORNEY: Ali Abazari, Litigation Support Division, MC 175; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838. (2)COMPANY: City of Newton; DOCKET NUMBER: 98-0049-MSW-E; TNRCC ID NUMBER: 40106; LOCATION: Newton, Newton County, Texas; TYPE OF FACILITY: unauthorized municipal solid waste transfer station; RULES VIOLATED: 30 TAC sec.330.150(1) and (3); Municipal Solid Waste Registration Number 40106 by failing to provide a Site Operating Plan, Site Development Plan, and any other document required as a part of the operating requirements and operating records; 30 TAC sec.330.150(2), Municipal Solid Waste Registration Number 40106 by failing to maintain required documents at the municipal solid waste transfer station and by failing to record and retain operating records; and 30 TAC sec.330.4 and sec.330.65 and Municipal Solid Waste Registration Number 40106 by failing to complete a registration for a Type-V Transfer Station; PENALTY: $5,000; STAFF ATTORNEY: Lisa Hernandez, Litigation Support Division, MC 175, (512) 239-0612; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838. TRD-9810775 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: July 8, 1998 Notice of Public Hearing (Chapters 33 and 39) Notice is hereby given that under the requirements of Texas Health and Safety Code, sec.382.017 and Texas Government Code, Subchapter B, Chapter 2001, the Texas Natural Resource Conservation Commission (commission) will conduct a public hearing to receive testimony concerning revisions to 30 TAC Chapter 33, concerning Consolidated Permit Processing, and Chapter 39, concerning Public Notice. House Bill 1228, 75th Legislature, 1997, created a new Texas Water Code, Chapter 5, Subchapter J. The new statute outlines a process for an applicant to request consolidated permit processing and the issuance of a consolidated permit. Federal operating permits are prohibited from consolidation. The primary purpose of the commission's new chapter and proposed amendments is to implement the consolidated permit processing provisions of Texas Water Code, Chapter 5, Subchapter J. A public hearing on the proposal will be held August 17, 1998, at 10:00 a.m. in Room 2210 of Texas Natural Resource Conservation Commission 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 17, 1998, and should reference Rule Log Number 97170-033-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-9810529 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: July 2, 1998 Notice of Public Hearing (Chapter 113) Notice is hereby given that pursuant to the requirements of the Texas Health and Safety Code Annotated, sec.382.017 (Vernon's 1992); and Texas Government Code Annotated, Subchapter B, Chapter 2001 (Vernon's 1993) the Texas Natural Resource Conservation Commission (commission) will conduct a public hearing to receive testimony regarding revisions to 30 TAC Chapter 113, concerning National Emission Standards for Hazardous Air Pollutants for Source Categories. The proposed amendments would incorporate changes that the United States Environmental Protection Agency has made to Maximum Achievable Control Technology standards by updating the federal promulgation dates cited in the commission rules that were previously adopted by reference. Sections 113.100, 113.110, 113.120, 113.130, 113.140, 113.230, 113.250, and 113.290 were adopted by the commission on June 25, 1997. Section 113.190 and sec.113.380 were adopted by the commission on October 15, 1997. In addition, the commission proposes to correct the federal promulgation dates for sec.113.220 and sec.113.360, which contained incorrect dates as adopted. A public hearing on this proposal will be held in Austin on August 13, 1998, at 10:00 a.m. in Building F, Room 5108, at the commission complex, located at 12100 North IH-35, Park 35 Circle, Austin. Individuals may present oral statements when called upon in order of registration. Open discussion will not occur during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing. Written comments may be mailed to Ms. Heather Evans, Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Comments must be received by 5:00 p.m., August 17, 1998, and should reference Rule Log Number 98014-113-AI. For further information on this proposal, please contact Ms. Ann Hammer, Air Policy and Regulations Division, at (512) 239-6255. 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-9810487 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: July 2, 1998 Proposal for Decision The State Office Administrative Hearing has issued Proposal for Decision and Order to the Texas Natural Resource Conservation Commission on June 26, 1998 on KIRT DAVIS; SOAH Docket Number 582-98-0126; TNRCC Docket Number 96-1739-OSI-E. This posting is Notice of Opportunity to comment on Proposal for Decision and Order. Comment period will end 30 days from date of publication. TRD-9810797 Douglas A. Kitts Agenda Coordinator Texas Natural Resource Conservation Commission Filed: July 8, 1998 Public Notices The executive director of the Texas Natural Resource Conservation Commission (TNRCC or Commission) has issued a public notice of a proposed selection of remedy for the Houston Lead State Superfund site, which may constitute an imminent and substantial endangerment due to a release or threatened release of hazardous substances into the environment. In accordance with Texas Health and Safety Code, Chapter 361.187 of the Solid Waste Disposal Act concerning the proposed remedial action, a public meeting regarding the proposed remedy for the Houston Lead State Superfund site shall be held. The statute requires that the Commission shall publish notice of the meeting in the Texas Register and in a newspaper of general circulation in the county in which the facility is located at least 30 days before the date of the public meeting. The public meeting is scheduled at the Meyer Branch Library, located at 5005 West Belfort, Houston, Texas 77035 for August 18, 1998 beginning at 7:00 p.m. The public meeting will be legislative in nature and is not a contested case hearing under the Texas Government Code 2001. The site for which a remedy is being proposed, the Houston Lead State Superfund site, was proposed for listing on the state registry of Superfund sites at a public meeting at the Pasadena Convention Center, Pasadena, Texas on November 4, 1987, and originally appeared on the state registry of Superfund sites published in the January 22, 1988, issue of the Texas Register (13 TexReg 427-428). The Houston Lead State Superfund site is located at 300 Holmes Road in Houston, Texas. In 1951, the Gulf Lead Company (GLC) constructed a secondary lead smelting facility at the Houston Lead Site to recycle/reclaim lead from lead acid batteries. The GLC only operated the facility for approximately one year. In 1952, the Houston Lead Company bought the site and continued to operate the lead smelting furnace for recycling/reclaiming used lead and refining of nonferrous metals. Houston Lead remained in operation until August 1981, at which time all operations ceased. On May 23, 1996 the TNRCC determined that all costs owed to the TNRCC as per 30 TAC sec.333.5 had been paid and the site was accepted into the Voluntary Cleanup Program. From May, 1996 to April 1998 Houston Lead performed the equivalents of a Remedial Investigation, Baseline Risk Assessment, and Feasibility Study. The Remedial Investigation indicated that metals contamination (lead, cadmium, and arsenic) exists at the site at levels which may threaten human health and the environment. A Conceptual Exposure Assessment Model (the functional equivalent of a Baseline Risk Assessment) concluded that further action was needed to eliminate any imminent and substantial endangerment to human health and the environment. The Feasibility Study, utilizing the TNRCC's Presumptive Remedies Guidance Document for Soils at State Superfund Sites (RG-277, April 1997), indicated that containment of contaminated soils with groundwater monitoring as the preferred remedy. Persons desiring to make comments on the proposed remedial action or the identification of potentially responsible parties may do so at the meeting or in writing prior to the public meeting. Written comments concerning the proposed remedial action may be submitted to Mr. Byron Ellington, CPG., Project Manager, TNRCC, Voluntary Cleanup Program, Remediation Division, MC-221, P.O. Box 13087, Austin, Texas 78711-3087. All comments must be received by the close of the public meeting on August 18, 1998. Copies of the complete public record file is available at the Meyer Branch Library, 5005 West Belfort, Houston, Texas, 77035, (713) 723-1630 or may be obtained by making prior arrangements at the TNRCC Central Records Center, Building D, North Entrance, Room 190, 12100 Park 35 Circle, Austin, Texas 78753, telephone 1-(800) 633-9363 (within Texas only) or (512) 239-2920. Photocopying of file information is subject to payment of a fee. TRD-9810776 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: July 8, 1998 Public Notice - Change of Meeting Date The Texas Natural Resource Conservation Commission (TNRCC) public meeting regarding the Jerrell B. Thompson State Superfund Site amended selection of remedy HAS BEEN RESCHEDULED. The public meeting originally scheduled for Thursday, July 23, 1998, at 7:00 p.m. at the Canton City Hall, Council Chambers, is rescheduled for Tuesday, August 25, 1998, at 7:00 p.m. at the Canton City Hall, Council Chambers, 290 East Tyler Street, Canton, Texas. The public comment period for this amended proposed remedy has been extended to the completion of the public meeting on August 25, 1998. A file containing documents about this site is available for public review at the Van Zandt County Public Library, 317 First Monday Lane, Canton, Texas. For further information, please contact Barbara Daywood, TNRCC Community Relations, at 1-800-633-9363. TRD-9810756 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: July 8, 1998 Texas Department of Protective and Regulatory Services Request for Proposal The Texas Department of Protective and Regulatory Services is soliciting proposals for service contracts to be awarded in Bexar, Dallas, Harris, and Hidalgo counties under the Second Chance Programs. Second Chance Programs are designed to provide independent living skills and licensed adult-supervised living arrangements to teen parents and their children who receive Temporary Assistance to Needy Families (TANF). The goal of the program is to reduce and prevent the problems of teenage parents and their children and to break the cycle of welfare dependence through the provision of timely and appropriate services. Services must be accessible to teens referred by the Texas Department of Human Services. Priority must be given to those youth without shelter and at-risk for losing their Temporary Assistance to Needy Families (TANF). Eligible applicants: Eligible offerors include private non-profit corporations, for profit corporations, cities, counties, partnerships and individuals. Charitable community or religious organizations, as well as Historically nderutilized Businesses, are encouraged to submit proposals. Limitations: Funding of the selected proposals will be dependent upon available federal and/or state appropriations. The Department reserves the right to reject any and all offers received in response to this RFP and to cancel this RFP if it is deemed in the best interest of the Department. Term: The effective dates of any contract awarded under this RFP will be November 1, 1998 through August 31, 1999. Deadline: All proposals for funding must be received by September 11, 1998 at 4:00 p.m. Modifications to the original proposal must also be received prior to 4:00 p.m. September 11, 1998. Evaluation and Selection: A panel will rank and score the proposals. The evaluation method and criteria will be specified in the RFP packet. Contact Person: Potential offerors may obtain the RFP package beginning July 17, 1998. It is preferred that requests for the RFP be submitted in writing to: Linda Fleming, Texas Department of Protective and Regulatory Services Agency Mail Code E-541, P.O. Box 149030, Austin, Texas 78714-9030, (512) 438-4957. Amount of Awards: A maximum amount, not to exceed $400,000 per year, will be available to fund one contract in each of the four counties. TRD-9810752 C. Ed Davis Deputy Commissioner for Legal Services Texas Department of Protective and Regulatory Services Filed: July 7, 1998 Public Utility Commission of Texas Notice of Application for Amendment to Service Provider Certificate of Operating Authority On June 30, 1998, Pacific Gateway Exchange, Inc., filed an application with the Public Utility Commission of Texas (PUC) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60085. Applicant intends to reflect pro forma assignment of its SPCOA to its wholly-owned subsidiary, International Exchange Communications, Inc., a non- certificated company. The Application: Application of Pacific Gateway Exchange, Inc., for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 19551. Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the commission at the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326 no later than July 22, 1998. You may contact the PUC Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936- 7136. All correspondence should refer to Docket Number 19551. TRD-9810660 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 6, 1998 Notice of Application for Approval of Preliminary Integrated Resource Plan Notice is given to the public of the filing with the Public Utility Commission of Texas on June 29, 1998, of an application for approval of a preliminary integrated resource plan, pursuant to sec.34.021 of the Public Utility Regulatory Act (PURA). A summary of the application follows. Docket Title and Number: Application of El Paso Electric Company for Approval of Preliminary Integrated Resource Plan, Docket Number 19545, before the Public Utility Commission of Texas. Applicant seeks commission approval of its preliminary integrated resource plan, pursuant to PURA sec.34.021. 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 August 13, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9810590 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 3, 1998 Notice of Application for Service Provider Certificate of Operating Authority Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on June 29, 1998, for a service provider certificate of operating authority (SPCOA), pursuant to sec.sec.54.154 - 54.159 of the Public Utility Regulatory Act (PURA). A summary of the application follows. Docket Title and Number: Application of Morris Communications for a Service Provider Certificate of Operating Authority, Docket Number 19549 before the Public Utility Commission of Texas. Applicant intends to provide local exchange and telecommunications service to business and residential customers. Applicant's requested SPCOA geographic area includes the San Antonio Local Access and Transport Area. 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 22, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9810522 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 2, 1998 Notice of Application to Amend Certificate of Convenience and Necessity Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on June 26, 1998, to amend a certificate of convenience and necessity pursuant to sec.14.001, sec.32.001, sec.36.001, sec.37.051, and sec.37.054, sec.sec.37.056- 37.058 of the Public Utility Regulatory Act, Texas Utilities Code Annotated (Vernon 1998) (PURA). A summary of the application follows. Docket Title and Number: Application of Magic Valley Electric Cooperative, Inc. (Magic Valley) to Amend a Certificate of Convenience and Necessity to Construct a Proposed Transmission Line within Cameron County, Docket Number 19536 before the Public Utility Commission of Texas. The Application: In Docket Number 19536, Magic Valley requests approval to construct approximately 3.3 miles of 138-kV transmission line to be known as the Rio Hondo 138-kV Transmission Line in Cameron County. The proposed transmission line is being constructed in order for Magic Valley to prevent thermal overload of the Central Power and Light Company (CPL) Rio Hondo to La Palma 138-kV line following the loss of the 345-kV line between the same substations; to provide adequate service to the Val Verde and Weslaco substations; and to strengthen the voltage rigidity of the Pharr-Union Carbide 138-kV transmission line. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P. O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 within 15 days of this notice. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9810661 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 6, 1998 Notice of Contract for Resources Acquired Outside of Solicitation Notice is given to the public of the filing with the Public Utility Commission of Texas an application for approval of a contract for resources acquired outside of the solicitation process, pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated sec.34.151 and sec.34.152(b) (Vernon 1998). Docket Style and Number: Application of East Texas Electric Cooperative, Inc., for Approval of Contract. Docket Number 19462. The Application: East Texas Electric Cooperative, Inc., a generating and transmission cooperative, requests the Commission approve its Ownership Interest Purchase Agreement with Entergy Power, Inc. East Texas Electric Cooperative, Inc., asserts that approval of the application will result in benefits to its member cooperatives. Persons who wish to intervene in the proceeding or comment upon the action sought should contact, not later than July 20, 1998, the Public Utility Commission of Texas, 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 telephones (TTY) may contact the commission at (512) 936-7136. TRD-9810521 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 2, 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 pursuant to P.U.C. Substantive Rule sec.23.27 for a new PLEXAR-Custom service for County of Nacogdoches, Texas. Tariff Title and Number: Southwestern Bell Telephone Company Notice of Intent to File an Application for a New PLEXAR-Custom Service for County of Nacogdoches, Texas Pursuant to P.U.C. Substantive Rule sec.23.27. Tariff Control Number 19563. The Application: Southwestern Bell Telephone Company is requesting approval for a new PLEXAR-Custom service for County of Nacogdoches, Texas. PLEXAR-Custom service is a central office-based PBX-type serving arrangement designed to meet the specific needs of customers who have communication system requirements of 75 or more station lines. The designated exchange for this service is the Nacogdoches exchange, and the geographic market for this specific PLEXAR-Custom service is the Houston 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-9810745 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 7, 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 new PLEXAR-Custom service for Dow Chemical in LaPorte, Texas. Tariff Title and Number: Southwestern Bell Telephone Company Notice of Intent to File an Application for a New PLEXAR-Custom Service for Dow Chemical in LaPorte, Texas Pursuant to P.U.C. Substantive Rule sec.23.27. Tariff Control Number 19564. The Application: Southwestern Bell Telephone Company is requesting approval for a new PLEXAR-Custom service for Dow Chemical in LaPorte, Texas. PLEXAR-Custom service is a central office-based PBX-type serving arrangement designed to meet the specific needs of customers who have communication system requirements of 75 or more station lines. The designated exchange for this service is the LaPorte exchange, and the geographic market for this specific PLEXAR-Custom service is the Houston 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-9810746 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 7, 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 new PLEXAR-Custom service for Siemens Electrocom L.P. in Arlington, Texas. Tariff Title and Number: Southwestern Bell Telephone Company Notice of Intent to File an Application for a New PLEXAR-Custom Service for Siemens Electrocom L.P. in Arlington, Texas Pursuant to P.U.C. Substantive Rule sec.23.27. Tariff Control Number 19565. The Application: Southwestern Bell Telephone Company is requesting approval for a new PLEXAR-Custom service for Siemens Electrocom L.P. in Arlington, Texas. PLEXAR-Custom service is a central office-based PBX-type serving arrangement designed to meet the specific needs of customers who have communication system requirements of 75 or more station lines. The designated exchange for this service is the Arlington 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-9810747 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 7, 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 new PLEXAR-Custom service for Datapoint Corporation in San Antonio, Texas. Tariff Title and Number: Southwestern Bell Telephone Company Notice of Intent to File an Application for a New PLEXAR-Custom Service for Datapoint Corporation in San Antonio, Texas Pursuant to P.U.C. Substantive Rule sec.23.27. Tariff Control Number 19566. The Application: Southwestern Bell Telephone Company is requesting approval for a new PLEXAR-Custom service for Datapoint Corporation in San Antonio, Texas. PLEXAR-Custom service is a central office-based PBX-type serving arrangement designed to meet the specific needs of customers who have communication system requirements of 75 or more station lines. The designated exchange for this service is the San Antonio exchange, and the geographic market for this specific PLEXAR-Custom service is the San Antonio 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-9810748 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 7, 1998 Notice of Petition for Approval of New Interruptible Service Tariff Notice is given to the public of the filing with the Public Utility Commission of Texas on June 17, 1998, an application for approval of a new interruptible service tariff, effective January 1, 2000, for customers requesting interruptible service for the first time, and October 25, 1998, for customers which had a contract for interruptible service on the date the proposed tariff is approved. A summary of the application follows. Docket Title and Number: Application of Central Power and Light Company for Approval of a New Interruptible Service Tariff, Docket Number 19502, before the Public Utility Commission of Texas. Applicant seeks commission approval of a new interruptible service 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 within 15 days of this notice. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9810662 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 6, 1998 Notice of True-Up of Expanded Local Calling Surcharge Notice is given to the public of the filing with the Public Utility Commission of Texas an application to true-up the expanded local calling surcharge on March 31, 1998, in compliance with Docket Number 15332. Docket Style and Number: Application of GTE Southwest, Inc., to True-up the Expanded Local Calling Surcharge. Docket Number 19173. The Application: GTE Southwest, Inc., is not seeking to change its expanded local calling surcharge, but merely files this application in compliance with Docket Number 15332. GTE Southwest, Inc., seeks commission review and approval of its application. Persons who wish to intervene in the proceeding or comment upon the action sought should contact, not later than September 4, 1998, the Public Utility Commission of Texas, 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 telephones (TTY) may contact the commission at (512) 936-7136. TRD-9810520 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 2, 1998 Notice of Workshop on Issues Relating to Transmission Access and Pricing The Public Utility Commission of Texas will hold a workshop on issues relating to transmission access and pricing on Thursday, July 23, 1998 in the commissioners' hearing room, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. The workshop will begin at 9:00 a.m. The commission has initiated a rulemaking proceeding, Project Number 18703, to review its rules concerning transmission access and pricing in the wholesale electric market, and the workshop will be an opportunity for interested persons to discuss issues related to the rule. A number of parties have filed comments in Project Number 18703 suggesting areas in which the current rules should be modified. Copies of these comments are available from the commission's Central Records at the address listed above. Prior to the workshop, a memorandum will be issued describing the format for the workshop. Questions concerning the workshop or the rulemaking project in general should be referred to Jess Totten, at telephone number (512) 936-7235. TRD-9810663 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 6, 1998 Request for Comments on Issues Related to Utilities' Year 2000 Preparations and Notice of Workshops The Public Utility Commission of Texas (commission) is conducting workshops pursuant to Project Number 18491 regarding the preparation of utilities for the Year 2000. Workshops will be held on August 3 and 6, 1998. Separate workshops will be held for representatives of the electric industry and the telecommunications industry. The workshops will be further divided between representatives of large service providers, such as investor-owned utilities, and smaller service providers and trade association representatives. All workshops will be held at the William B. Travis Building, 1701 North Congress Avenue, 7th floor, Austin, Texas 78701. Workshop I will be held in the Commissioner's Hearing Room at 10:00 a.m. on Monday, August 3,1998, for representatives of investor-owned electric utilities. Workshop II will be held in the Commissioner's Hearing Room at 2:00 p.m. on Monday, August 3, 1998, for representatives of incumbent local exchange carriers, and other investor- owned telecommunications utilities. Workshop III will be held in Hearing Room Gee at 10:00 a.m. on Thursday, August 6, 1998, for representatives of electric cooperatives, municipally-owned electric utilities, and other representatives of non-investor-owned electric utilities, including representatives of related trade associations. Workshop IV will be held in Hearing Room Gee at 2:00 p.m. on Thursday, August 6, 1998, for representatives of competitive local exchange carriers and representatives of trade associations for small telecommunications service providers. The commission seeks comments and information from interested parties in response to the following questions. During the workshops, project staff will discuss the issues raised by these questions and will utilize the information shared at the workshops to develop a reporting plan and/or reporting format and make other recommendations to the commission regarding Year 2000 preparedness. 1. What role can the commission play in helping utilities deal with potential Y2K problems? 2. The commission wants to stay abreast of the utilities' progress in preparing for the Year 2000. What is the best way to keep the agency informed, without creating an undue reporting burden on the utilities? What reports are currently provided internally or to other agencies? Please bring examples of these reporting formats or copies of any reports currently being generated. 3. What information is your company willing to make publicly available regarding Y2K issues? What kind of information is considered proprietary? Is your company sharing information with other utilities? What information is your company willing to share with other utilities? 4. What action has your company taken to inform the public of business continuation plans for the Year 2000? If your company has a business continuation plan, has it already placed orders with suppliers to assure sufficient supplies on hand? What action has your company taken to contact business partners and entities with interdependent systems in order to evaluate the vulnerability of those interconnections? 5. How will failures in other areas affect your ability to provide utility services? For questions regarding the Year 2000 project or the workshops please contact Susan K. Durso, Administrative Counsel, Public Utility Commission, P.O. Box 13326, Austin, TX, 78711- 3326, or durso@email.puc.state.tx.us, or by calling (512) 936-7146. TRD-9810749 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 7, 1998 Texas A&M University System Consultant Contract Award Notification In compliance with the provisions of Chapter 2254, Subchapter B, Texas Government Code, The Texas A&M University System furnishes this notice of consultant contract award. Request for proposals was filed in the May 1, 1998, issue of the Texas Register (23 TexReg 4417). The contract, for an executive search to fill the position of Chancellor of the Texas A&M University System, was awarded to Korn/Ferry International, 3232 Lincoln Plaza, 500 North Akard Street, Dallas, Texas 75201, for $90,000 plus expenses and final adjustments (based upon actual base compensation and estimated bonus for the position filled). The beginning date of the contract is June 26, 1998, and the anticipated ending date is December 1, 1998. No reports are required under this agreement. For further information, please call 409/845-9600 TRD-9800537 Vickie Burt Executive Secretary to the Board Texas A&M University System Filed: July 2, 1998 Request for Proposal The Texas A&M University System (A&M System) requests proposals from professional firms interested in representing the A&M System and its members in certain tax matters. Description: The A&M System is composed of 19 members (including 10 institutions and 8 state agencies) supported by legislative appropriations, tuition, fees, income from auxiliary enterprises, the Permanent University Fund, the Available University Fund, grants, gifts, sponsored research and other sources of revenues, all of which may be impacted by the Internal Revenue Code and Internal Revenue Service Treasury Regulations. For assistance with such issues, the A&M System will engage outside counsel for review of and advice regarding tax matters as they relate to higher education including, but not limited to, the following: unrelated business income tax; retirement programs; tax matters regarding compensation issues; nonresident alien tax issues; and personal income tax issues as they relate to donors. The A&M System invites proposals in response to this Request for Proposal (RFP) from qualified firms for the provision of such legal and tax services under the direction and supervision of the A&M System Office of Budgets and Accounting. Responses: Responses to this RFP should include at least the following information: --a description of the firm's or attorney's qualifications for performing the legal services, including the firm's past experience in tax-related matters and retirement plans as they relate specifically to institutions of higher education; --the names and experience of the attorneys who will be assigned to work on such matters; --the availability of the lead attorney and others assigned to the project; --a description of the firm's efforts to encourage and develop the participation of minorities and women in the provision of the firm's and legal services generally, and tax matters in particular; --fee information (either in the form of hourly rates for each partner, associate, paralegal and technical advisor who may be assigned to perform services to the A&M System, comprehensive flat fees, or other fee arrangements directly related to the achievement of specific goals and cost controls) and billable expenses; --a comprehensive description of the procedures to be used by the firm to supervise the provision of legal services in a timely and cost-effective manner; --representation that should it be selected by the A&M System to provide legal assistance in tax matters, the firm will enter into the attached "Outside Counsel Agreement."; and --confirmation of willingness to comply with policies, directives and guidelines of the A&M System and the Attorney General of the State of Texas. Qualified firms must be able to exhibit compliance with House Bill No. 1, 75th Legislature, Regular Session, Article IX, Section 59 concerning matters against the State of Texas or any of its agencies. --Format and Person to Contact: Three copies of the proposal are requested. The proposal should be typed, preferably double spaced, on 8 1/2 by 11 inch paper with all pages sequentially numbered, and either stapled or bound together. They should be sent by mail or delivered in person, marked on the envelope "Response to Request for Proposal" and addressed to B. J. Crain, Office of Budgets and Accounting, The Texas A&M University System, John B. Connally Building, 301 Tarrow, Room 605, College Station, Texas 77840-7896. Evaluation: Proposals sent in response to this RFP will be evaluated in light of several criteria. The criteria are expertise, availability of a lead attorney, prior experience in handling tax matters related to higher education, procedures for providing timely and cost-effective services, and reasonableness of fees. Although the fee structure and overall cost of this representation will be an extremely important factor in evaluating proposals submitted in response to this RFP, the successful firm(s) will clearly demonstrate exceptional expertise and experience with the federal tax matters made the subject of this RFP. Deadline for submission of Response: All proposals must be received by the Office of Budgets and Accounting of the A&M System at the address set forth above not later than 5:00 p.m., August 3, 1998. We reserve the right to consider late proposals but cannot guarantee their consideration. TRD-9810566 Vickie Burt Executive Secretary to the Board Texas A&M University System Filed: July 3, 1998 Texas Department of Transportation Public Notice Pursuant to Transportation Code, sec.sec.21.107-21.111, and Title 43, Texas Administrative Code, sec.30.204 and sec.30.209, the Texas Department of Transportation will conduct a public hearing to receive comments from interested parties concerning proposed approval of the Aviation Facility Development Grant projects under consideration by the Texas Transportation Commission for financial assistance, and financial assistance awards for the Routine Airport Maintenance Program (RAMP). The public hearing will be held at 9:00 a.m. on Monday, August 3, 1998, at 150 East Riverside, South Tower, 5th Floor Conference Room, Austin, Texas 78704. Any interested person may appear and offer comments, either orally or in writing, however, questioning of those making presentations will be reserved exclusively to the presiding officer as may be necessary to ensure a complete record. While any person with pertinent comments will be granted an opportunity to present them during the course of the hearing, the presiding officer reserves the right to restrict testimony in terms of time and repetitive content. Organizations, associations, or groups are encouraged to present their commonly held views, and same or similar comments, through a representative member where possible. Persons with disabilities who have special communication or accommodation needs and who plan to attend the hearing and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print or braille, are requested to contact Eloise Lundgren, Director, Public Information Office, 125 E. 11th St., Austin, Texas 78701-2483, (512) 463- 8588 at least two working days prior to the hearing so that appropriate arrangements can be made. For additional information please contact Suetta Murray, Aviation Division, 150 East Riverside, Austin, Texas 78704, (512) 416-4504. TRD-9810759 Bob Jackson Acting General Counsel Texas Department of Transportation Filed: July 8, 1998 University of Houston System Consultant Proposal Request The University of Houston System (UHS) invites experienced consultants to submit responses to its Consultant Proposal Request (CPR) for documented expertise and success in analyzing, securing, and implementing long-term, exclusive, financially-beneficial arrangements for cold beverage "pouring rights." UHS anticipates that the consultant may also assist with securing other corporate arrangements that further the interests of UHS. DESCRIPTION OF REQUESTED SERVICES The selected consultant must thoroughly research, analyze, report, and demonstrate foreseeable benefits of a "pouring rights" arrangement for UHS and for each of its campus components -- the University of Houston, the University of Houston - Clear Lake, the University of Houston - Downtown, and the University of Houston - Victoria, collectively and individually. If UHS proceeds to a formal proposal process, the consultant will (a) develop, market, and present proposal packages to suppliers; (b) analyze, compare, and negotiate proposals with suppliers; and (c) recommend, retain, and finalize arrangements with the selected corporate "pouring rights" partner. UHS intends to commence a fully-operational "pouring rights" arrangement with a corporate partner no later than October of 1999. To obtain information regarding the substance and format for Proposals, consultants should contact the office of Susan Septimus, Director of Contracts Administration, University of Houston System, Houston, TX 77204-5883; (713)743- 9167; (fax)(713)743-5664; e-mail SSeptimus@uh.edu. Details regarding the substance and format for Proposals will be mailed to consultants who wish to apply for this assignment. For purposes of the Proposal, consultants will be required to include a summary of 250 words or fewer of experiential history that clearly demonstrates why the consultant is uniquely qualified to fulfill all requisites of this assignment. The consultant must also describe at least two other assignments for which the consultant obtained financially-beneficial "pouring rights" arrangements for a multi-component system similar to UHS. The Proposal must list the names and addresses of the multi-component systems and the names and phone numbers of individuals whom UHS can contact at each system. The deadline for receipt of Proposals by UHS is 5 p.m., Central Standard Time, on August 21, 1998. Proposals must be sent to: University of Houston System, Purchasing Department, Houston, TX 77204-5883. This Consultant Proposal Request does not commit UHS or the State of Texas to award a contract, to pay any costs incurred in the preparation of a proposal, or to procure or contract for articles of goods and/or services. UHS reserves the right to accept or reject any or all Proposals received as a result of this request and to cancel, in part or in its entirety, this Consultant Proposal Request, if UHS determines, in its sole discretion, the best interests of UHS are served. TRD-9710796 Peggy Cervenka Vice Chancellor for Government Relations University of Houston System Filed: July 8, 1998 The University of Texas System Consultant Proposal Request This request is submitted in accordance to the provisions of the Government Code, Chapter 2254. Harris County Psychiatric Center (HCPC), a component of The University of Texas Houston Health Science Center (UT-Houston), hereby provides a notice of invitation for offers of consulting services. Required services are: --Assessment of current and anticipated long-term automation needs for HCPC in light of healthcare and computer industry trends for the future. --Preparation of an information systems long-range strategic plan including recommendations for overall systems and infrastructure strategy, and definition of priority projects. Deliverables for the services rendered will include a written assessment document defining the automation needs of the hospital in the short-term future, and a written I/S strategic plan document that provides the strategic I/S architecture and priority systems. It is anticipated that the value of this required consulting services will exceed $15,000.00. For further information or to obtain a complete proposal package, please contact Donna Schneider, Procurement Services, UT-Houston, 1851 Crosspoint, OCB 1.160, Houston, Texas 77054, Telephone number (713) 500-4709. An original and five copies of the full proposal must be submitted to UT-Houston prior to 3:00 p.m. on August 17, 1998. Proposals received thereafter will not be considered and will be returned unopened. Proposals should be sent to the address indicated as follows: Ms. Donna Schneider Procurement Services The University of Texas Houston Health Science Center 1851 Crosspoint, Suite 1.160 Houston, Texas 77054 Selected finalists will be requested to conduct an onsite presentation, at their expense, to clarify and expand upon items provided in their proposal. UT-Houston will evaluate all offers of consulting services received following the closing date of August 17, based on demonstrated competence, qualifications, methodology proposed, project time schedule and reasonableness of cost. TRD-9810591 Francie A. Frederick Executive Secretary to the Board of Regents The University of Texas System Filed: July 3, 1998 Texas Workforce Commission (TWC) Notice of Availability of Funds and Request for Applications LOCAL INNOVATION AND JOB RETENTION AND REEMPLOYMENT ASSISTANCE DISCRETIONARY GRANTS The Texas Workforce Commission (TWC) Welfare Reform Division announces the availability of funds and request for applications (RFA packet) under the following two Fiscal Year 1999 strategies: (1) Local Innovation and (2) Job Retention and Reemployment Assistance. The TWC, as authorized by federal and state laws, invites eligible entities to submit applications for FY 1999 funding of grants to serve welfare recipients in their transition from welfare to self- sufficiency. Funds for transportation must reasonably accomplish a purpose of the Temporary Assistance for Needy Families (TANF) program. Guidance to TANF funds is attached to the RFA packet. Under the FY 1999 local innovation strategy, the TWC plans to develop demonstration projects for providing services to welfare recipients that will remove barriers to employment at self-sufficient wage levels, with a focus on collaborative local strategies that address transportation issues. Under the FY 1999 job retention and reemployment assistance strategy, the TWC plans to develop demonstration projects for providing services to welfare recipients that will improve their ability to retain and advance in a job. The two strategies are components of the TWC Choices program. TWC Choices services provide work-related activities and support to assist eligible participants to prepare for and retain employment and avoid becoming or remaining dependent on public assistance. A description of the Choices program is attached to the RFA packet This is the second round of these discretionary grants, following the same strategies for FY 1998 announced in the June 19th issue of the Texas Register. AUTHORIZATION OF FUNDING The TWC certifies that it has authority of funding from federal and state laws. The funds for these programs are federal funds from the U.S. Department of Health and Human Services, Temporary Assistance for Needy Families (TANF) block grants. Funds are subject to the requirements of the Title VI Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), 7 U.S.C. Sec. 201.1, et seq. and state laws and regulations, including the 1997-98 state appropriations act (H.B. 1, Rider 27). ELIGIBLE APPLICANTS To be eligible, applicants must provide a non-binding, written Notification of Intent to Apply (form attached to RFA packet) to Monica Moguel, TWC Welfare Reform Division, 101 East 15th Street, Rm 434T, Austin, Texas 78778-0001. Fax: (512) 463-7379; Email: monica.moguel@twc.state.tx.us ; Ph: (512) 936-3540. This must be received by the TWC no later than 5:00 p.m., Friday, August 21, 1998; this form may be mailed, faxed or emailed. This requirement is necessary to facilitate administrative planning; applicants who fail to provide notification of intent to apply by the stated deadline may be considered ineligible. For both programs, eligible applicants are private and public entities that can provide services in any of the designated Choices counties in the state of Texas. A list of Choices counties in Texas and contact information is attached to the RFA packet. Applicants must submit signed certification and endorsement of their proposed project by the Local Workforce Development Board (LWDB) responsible for service delivery in the county(s) to be serviced by the proposed project. To facilitate compliance with this requirement, a list of designated LWDB contacts and a standard form letter documenting LWDB certification and endorsement is attached to the RFA packet. In Choices counties without a local workforce development board, applicants should consult directly with the TWC. The local TWC contact for these counties is listed in the RFA packet. Note: LWDBs are not eligible entities as applicants for these discretionary grants. Applicants must consult with LWDBs prior to the development of their applications to ensure that projects are consistent with LWDB policies and priorities. Applicants may submit only one proposal for services in a single Local Workforce Development Area (LWDA). If the applicant wishes to provide services in more than one LWDA, the applicant must submit a separate application for each LWDA to be served, with the required endorsement from each respective LWDB. Applicants seeking an award under the local innovation strategy must also provide documentation of consultation and collaboration during project development with the Texas Department of Transportation district Public Transportation Coordinators (PTC), the local Transit Authority, and/or private or community-based organizations that provide transportation services. Contact information for PTCs is attached to the RFA packet. Note that PTCs serve as single points of contact for direct referral to local Transit Authority officials in your area. AVAILABLE FUNDING For the local innovation strategy, applications for FY 1999 projects may request up to $100,000. The maximum amount for the total projects to be funded is $400,000. For the job retention and reemployment assistance strategy, TWC will consider proposals for funding ranging from $20,000 to $300,000, to support a diverse array of projects varying in intensity of service and number of Choices participants served. The maximum amount of funding for the job retention and reemployment assistance strategy for FY 1999 is $3,000,000. DISCRETIONARY GRANT DESCRIPTION - GOALS AND OBJECTIVES (1) Local Innovation Strategy The goal of the local innovation strategy is to invest in the long-term success of welfare recipients in their transition from welfare to self-sufficiency. The specific objectives of the local innovation strategy are: To develop, implement and evaluate demonstration projects for providing services to Choices participants that will remove barriers to employment at self- sufficiency wage levels. To develop a set of models for addressing high priority problems confronting the welfare reform effort that may be replicated by local workforce development boards throughout the state. For FY 1999, transportation is the high priority problem to be addressed. (2) Job Retention and Reemployment Assistance Strategy The goal of the job retention and reemployment assistance strategy is to invest in the long-term success of welfare recipients in their transition from welfare to self-sufficiency. The specific objectives of the job retention and reemployment assistance strategy are: To develop, implement and evaluate demonstration projects for providing services to Choices participants that improve their ability to retain and advance in a job. To develop a set of models for addressing job retention and reemployment assistance problems that may be replicated by local workforce development boards throughout the state. PROJECT DESIGN FEATURES Under both the local innovation and job retention and reemployment assistance strategies, proposed projects must be responsive to the needs of the employers and Choices participants served in the LWDA. While projects will necessarily reflect the unique resources and circumstances of a particular region, the preference for funding will be given to those project designs that are potentially replicable and adaptable to different LWDAs. Projects must also be responsive to the needs of Choices participants to enable them to move toward self-sufficiency as quickly as possible due to state and federally imposed time limits. (1) Local Innovation Strategy The local innovation strategy will require a creative approach to meeting the transportation needs of Choices participants. These needs involve access to reliable, affordable, and efficient transportation to jobs, training, and services such as child care. Addressing these needs in a cost-effective way is critical to the successful transition from welfare to work for many Choices participants. The strength of proposed projects depends on the extent to which they involve planning and collaboration with the Texas Department of Transportation and/or the local Transit Authority. National research has found a variety of welfare- to-work transportation designs which have been tested in both major metropolitan areas and rural areas and involving a variety of populations, resources, and services. The common characteristic of these successful programs is their systemic approach to removing transportation barriers to welfare-to-work transition. Suggested innovative practices from this research include but are not limited to: evaluation, planning and coordination to integrate welfare reform priorities within the local transportation system; specific activities such as reverse commuting, van pooling, and various forms of expanded public and/or private service; collaboration among workforce development, transportation, social service, and community-based organizations; marketing and outreach; and employer engagement. For further information, see a recent publication by the Department of Transportation and the Community Transportation Association of America entitled "Access to Jobs: A Guide to Innovative Practices in Welfare to Work Transportation." This publication is available on the Internet at http://www.ctaa.org/welfare. (2) Job Retention and Reemployment Assistance Strategy The job retention and reemployment assistance strategy will fund demonstration projects that provide model strategies for improving the ability of Choices participants to retain and advance in a job. They may involve any of a full spectrum of services that vary in intensity depending on the number of Choices participants referred to an employer and/or the needs of particular Choices participants. Suggested job retention strategies include but are not limited to: Designated job coaches who monitor, counsel, and work with particular Choices participants for a specified period of time to respond effectively on an as- needed basis to a comprehensive range of individual needs and situations. Choices participant incentives to reward participants for achieving good job retention; this could include cash incentives or vouchers for work related expenses, such as clothing and tools, or for investments such as training. Designated workplace mentors on job sites with multiple Choices participants who receive a stipend to assist participants as a group in resolving workplace problems to ensure a successful transition from welfare to work. Outside coaches who facilitate peer counseling and group problem-solving at job sites with multiple Choices participants. Emergency plans for dependent care and transportation crises that make use of community volunteers to provide drop-in dependent care or temporary transportation to work. Systemic approaches to removing transportation barriers that put Choices participants at heightened risk of job instability. Individual Development Accounts (IDAs) to cover business capitalization expenses to establish a transportation service such as a van pool, shuttle, or door-to- door transportation service or other job retention strategy. Workplace training and adult literacy. A list of selected references and resources is attached to the RFA packet. LENGTH OF CONTRACT The contract period for both discretionary grants is expected to start by November 1, 1998 and end by November 1, 1999. However, the length of the contract may be extended where needed to provide sufficient time to conduct a reliable evaluation. SCHEDULE OF MAJOR EVENTS The schedule of major events for both discretionary grants is: Release NOFA July 17, 1998 Notification of intent to apply due August 21, 1998 Application submission deadline September 18, 1998 Selection notification begins Seprember 28, 1998 Contract negotiation begins October 1, 1998 Contract signed by October 30, 1998 Project expected start date by November 1, 1998 Project expected end date by November 1, 1998 SELECTION CRITERIA (1) Local Innovation Discretionary Grant The selection criteria: Contractor experience in program or concept development and delivery of workforce development and related support services, including transportation, for low-income individuals and recipients of public assistance. Strength of contractor's consultation during project development with Texas Department of Transportation and/or the local Transit Authority. Strength of contractor's project design for coordination and collaboration among workforce development, social service and transportation providers. Strength of contractor's project design for engaging employers in partnerships that provide businesses and the Choices participants they employ reliable, affordable and efficient transportation. Contractor ability to leverage existing resources to offer services. Contractor ability to leverage non-state and non-federal financial support for extending service coverage and enhancing service quality. Strength of contractor's project design for potential cost-effective replicability and adaptation to different LWDBs. Strength of proposed evaluation plan. (2) Job Retention and Reemployment Assistance Strategy The selection criteria are: Contractor experience in program or concept development and delivery of comprehensive job retention and reemployment assistance services for low-income individuals and recipients of public assistance. Strength of contractor's project design for engaging employers in partnerships that enable businesses and the Choices participants they employ to develop mutually beneficial, long-term relationships. Strength of contractor's project design for potential cost-effective replicability and adaptation to different LWDBs. Contractor ability to leverage existing resources to offer services. Contractor ability to leverage non-state and non-federal financial support for extending service coverage and enhancing service quality. Strength of proposed evaluation plan. APPLICATION PROCESS Applicants must request an RFA packet from the Welfare Reform Division. Applications must be submitted by 5:00 p.m., Friday, September 18, 1998. Call Monica Moguel at (512) 936-3540 to request an RFA packet or fax a request to (512) 463-7379 directed to the attention of Monica Moguel. Requests may also be made by email to monica.moguel@twc.state.tx.us. NOTE: The RFA packet is available on the Internet at the TWC Welfare Reform homepage, located at http://www.twc.state.tx.us/welref/welf.html SELECTION, NOTIFICATION, AND NEGOTIATION PROCESS A panel of Texas Workforce Commission and outside readers will evaluate applications. Evaluation criteria is included in the RFA packet. Contract negotiation will take place immediately after selection. A designated person from the selected entity must be readily available to respond to inquiries, prepare proposed amendments, and negotiate with TWC concerning budget and/or programmatic revisions during the entire contract negotiation process. If a designated person is not readily available to promptly respond to requests for revisions, the applicant will not be considered for contract. The LWDB of the county(s) served by the proposed project must be involved in the negotiation of the contract. Final selection is contingent upon successful negotiation. TWC reserves the right to vary all provisions of this Notice of Availability of Funds prior to the execution of a contract and to execute amendments to contracts when TWC deems such variances and/or amendments are in the best interest of the State of Texas. DUE DATE AND AGENCY CONTACT The deadline for receipt and consideration of applications under the local innovation and the job retention and reemployment assistance strategies is 5:00 p.m., Friday, September 18, 1998. For further information on this RFA, contact Jeffrey Kaufman, Contract Specialist, Texas Workforce Commission, Welfare Reform Division, 101 East 15th Street, Room 452T, Austin, Texas 78778-0001. Phone: 512/936-3560; FAX: 512/463-9994; Email jeffrey.kaufman@twc.state.tx.us. A notice of the award grantees will be published in the Texas Register following contract execution. TWC's OBLIGATIONS TWC's obligations under this Notice are contingent upon the actual receipt by the Agency of funds from the U.S. Department of Health and Human Services. If adequate funds are not available to make payment under this grant, TWC shall terminate this request for applications or the resulting contract and will not be liable for failure to make payments. TRD-9710769 J. Randel (Jerry) Hill General Counsel Texas Workforce Commission Filed: July 8, 1998