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 Animal Health Commission Corrections of Error The Texas Animal Health Commission proposed amendments to sec.sec.35.1-35.4, and 35.6. The rules appeared in the July 3, 1997, issue of the Texas Register, (23 TexReg 6803). Section 35.3(c) language was dropped from the printed text. The following is what should have been printed. "[(1) officially vaccinated females which are test-eligible (over 20 months of age for dairy and over 24 months of age for beef cattle or if they are parturient or post-parturient).] [(2) Nonvaccinated animals] All cattle, except steers and spayed heifers, are subject to test requirements at 18 [six] months of age. (d) (No change.) (e) qualifying standards. (1)-(4) (No change.)" On page 6809, sec.35.6(c)(1)(A), the language should have also been underlined showing that the subparagraph and the language were new. The Texas Animal Health Commission proposed new and amendments to sec.sec.55.1, 55.4, 55.6, and 55.9. The rules appeared in the July 3, 1997, issue of the Texas Register, (23 TexReg 6813). On page 6814, sec.55.6(a)-(h), the published text showed (a)-(h)(No change.) underlined. The underlining should not have been printed. Coastal Coordination Council Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence under the Texas Coastal Management Program On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas Coastal Zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were received for the following projects(s) during the period of July 29, 1998, through August 4, 1998: FEDERAL AGENCY ACTIONS: Applicant: Shell Offshore, Inc.; Location: Galveston Anchorage Area, in High Island Area, N/2 Block 153, offshore Texas, Gulf of Mexico. The coordinates of the project are X= 3,436,615.81 and Y = 541,830.00; Project Number 98-0345-F1; Description of Proposed Action: The applicant proposes to install and maintain structures in High Island Block 153, to drill and produce OCS-G Well Number 1. Plans are attached for your review; Type of Application: U.S.C.O.E. permit application number 21298 under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403). Applicant: David Pilgrim; Location: State Tract 66, Aransas Bay, adjacent to property in the townsite of Lamar, Aransas County, Texas; Project Number 98- 0347-F1; Description of Proposed Action: The applicant proposes to construct a private T-Head Pier with Boat House at the edge of upland spoil adjacent to Outlot 7; Type of Application: U.S.C.O.E. 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: Galveston Bay Foundation; Location: Basford Lake, in the Pierce Marsh Preserve, west of Jones Bay, Galveston County Texas. The USGS Quad reference map is Virginia Point, TX; Project Number 98-0348-F1; Description of Proposed Action: The applicant proposes to create salt marsh habitat by using terraces or levees. Levees will be created by excavating approximately 19,152 cubic yards of sediment and placing the sediment material immediately adjacent to the borrow areas. Each levee will be 160 feet long by 14.2 feet wide. Approximately 133 terraces/levees will be created over approximately 53 acres. Approximately 6.9 acres of shallow water will be impacted by the creation of the levees. The purpose of the project is to restore the area to intertidal wetlands; Type of Application: U.S.C.O.E. permit application number 21311 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: The Finger Company; Location: Approximately 1/4 mile north of the intersection of NASA Road 1 and Space Center Boulevard in Pasadena, Harris County, Texas; Project Number 98-0355-F1; Description of Proposed Action: The applicant proposes to fill 7.6 acres of isolated wetlands to develop a multi- family residential subdivision. The applicant proposes to perform mitigation on an approximate 21-acre tract of land located approximately 1/2 mile west of the intersection of Genoa-Red Bluff Road and Red Bluff Road in Harris County, Texas. The applicant will monitor the successional progress of the constructed wetlands on a quarterly basis for the first year following the completion of mitigation construction, or until a 70 percent vegetative cover of desired plant species is attained for two consecutive reporting periods. All monitoring findings will be reported to the Corps of Engineers; Type of Application: U.S.C.O.E. permit application number 21356, sec.404 of the Clean Water Act (33 U.S.C.A. sec.sec.125-1387). FEDERAL AGENCY ACTIVITIES: Applicant: Gulf of Mexico Fishery Management Council; Project Number 98-0353-F2; Description of Proposed Activity: The applicant proposes an amendment to the Coastal Migratory Pelagics Fishery Management Plan. The amendment is to maintain the total allowable catch (TAC) for Gulf group king mackerel at 10.6 million pounds for the 1998-99 fishing season; increase the minimum size limit for Gulf group king mackerel from 20 inches fork length (FL) to 24 inches FL; establish a zero bag limit on gulf group king mackerel for the captain and crew of for-hire vessels and retain the 2-fish bag limit for all other recreational fishermen; establish a trip limit of 3,000 pounds per vessel per trip for king mackerel in the Western Zone. 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-9812351 Garry Mauro Chairman Coastal Coordination Council Filed: August 5, 1998 Deep East Texas Council of Governments/East Texas Regional Water Planning Group Request for Qualifications The East Texas Regional Water Planning Group (RWPA "I") invites all qualified parties to submit a statement of qualifications for preparing a Regional Water Plan for East Texas Regional Water Planning Group (RWPA "I"), as defined by 31 TAC Chapters 355, 357 & 358, to implement state and regional water planning aspects of Senate Bill 1, 75th Legislative Session (SB 1). BACKGROUND Senate Bill 1 (SB 1), 75th Legislature, made significant changes in the manner in which state water planning is to be conducted. Notably, SB 1 shifts the emphasis of state water planning from a centralized approach to a regional planning approach. As part of that process, the Texas Water Development Board (TWDB) has designated 16 regional planning areas and has appointed the initial members of regional planning groups. Each region is to prepare a consensus based regional water management plan and submit that plan to the TWDB by September 1, 2000. TWDB will then assemble those regional water management plans into a State Water Plan to be submitted to the Texas Legislature. Region I includes all or portions of Anderson, Angelina, Cherokee, Hardin, Henderson, Houston, Jasper, Jefferson, Nacogdoches, Newton, Orange, Panola, Polk, Rusk, Sabine, San Augustine, Shelby, Smith, Trinity, and Tyler counties. Under the direction of the East Texas Regional Water Planning Group (RWPA "I") and the Deep East Texas Council of Governments, the consultant shall develop a Regional Water Plan. The Region I draft Scope of Work may be obtained from the office of Deep East Texas Council of Governments, attention Van Bush, Regional Services Planner. In addition to the technical role, a consultant shall assist in the preparation of applications for financial assistance, design and implementation of public involvement activities, including conducting public meetings, reviewing and responding to public comments, and developing educational materials on regional water planning issues for presentation to both technical and non-technical audiences in the region. Consultants submitting qualifications should be familiar with the rules for state and regional water planning and regional water planning grant assistance adopted by TWDB on February 19, 1998 (31 TAC, Chapter 355, Subchapter C, Regional Water Planning Grant Rules; and 31 TAC, Chapter 358, State Water Planning Guideline Rules). These rules contain procedures governing applications for financial assistance related to the development or revision of regional water management plans, and guidelines for the development of the state water plan. Particularly, the rules contain specific time frames for the submittal of regional water management plan. The schedule for completion and delivery of work products for the Region I RWPG shall reflect these publication deadlines. ADDITIONAL INFORMATION The purpose of this request for statement of qualification is to permit the evaluation of the consultant's proposed approach for the preparation of the Regional Water Plan of work and related services, and the relative professional and technical qualifications of respondents. The narrative portion of the response should be no more than 10 pages in length, including cover letter, but excluding resumes of project team members, which may not exceed two pages per team member. In addition, please provide a two page executive summary of the narrative response to be distributed to all the members on the Region I WPG. Responses should address the following: 1. Provide a proposed approach for preparation of the Region I Regional Water Plan and related services, including a general discussion of project tasks, schedules, levels of effort and deliverables. 2. A list of no more than 10 projects similar to the scope of work listed herein, with descriptions of the projects, members of the project teams, time schedule, and contact persons who are able to verify the information presented. All projects must have been completed within the past ten (10) years, with at least three (3) within the last (5) years. Project descriptions must demonstrate the following recent work experience: regional water planning for various size regions in Texas; interactions with diverse interest groups and stakeholders participating in regional water planning; facilitating consensus-building and conflict resolution among stakeholders with diverse and potential conflicting interests; working with the TWDB in reviewing population forecasts and developing and gaining acceptance of alternative forecasts as necessary; familiarity with data and information available from the TWDB and other sources; familiarity with TWDB's planning grant administration and invoicing requirements; knowledge of statutory and regulatory policies affecting water supply, water quality, water conservation, and drought management issues for both surface and ground water; and experience with environmental issues and analyses related to water supply development. 3. Your firm's resources and capabilities: including location, size, staffing and length of local office's existence in Texas; 4. Any planned subcontractor or joint venture arrangement for the project. Information requested in Items 1 and 2 will be submitted for joint venture partner(s); 5. The capability of your firm to commit necessary resources to the project in order to meet the project schedule; and 6. Any additional information you would like the Technical Review Committee to be aware of which you feel might have a bearing on your firm's qualification to perform on the project. The selection of the successful firms(s) shall be accomplished by a committee appointed by the East Texas Regional Water Planning Group (RWPA "I"). Based on the number of responses received and the Committee's review, the East Texas Regional Water Planning Group (RWPA "I") may request formal presentations from a short list of selected firms for the projects. Schedule August 3, 1998 Approve, advertise and mail notices as required for Requests for Statement of Qualifications. August 4, 1998 Advertise Requests for Statement of Qualifications August 17, 1998 Statement of Qualifications Due To be determined ETRWPG reviews Statement of Qualifications and selects consultant to prepare a Regional Water Plan for East Texas Regional Water Planning Group. ACKNOWLEDGEMENTS The submittal either as part of the Statement of Qualifications or the cover letter shall provide the following acknowledgments: Acknowledgment that, if requested, you will prepare and make a presentation if selected to a short list. Acknowledgment that, if selected, the key individuals of the proposed team will not be changed without the written approval of the East Texas Regional Water Planning Group. Acknowledgment that, if selected, you will conform to TWDB rules and requirements for grant funding and invoicing; and Acknowledgment or disclosure of any real, or potential situation that could be perceived as a conflict of interest on the part of any owner or employee of your firm, joint venture or subconsultant with any individual, group, corporation, or political subdivision represented on the Region I Regional Water Group. In those instances where a potential or perceived conflict of interest may exist, define the actions that will be taken to avoid a real conflict of interest. The deadline for responses to this Request is 5:00 p.m., Monday, August 17, 1998. Each proposal and a copy of the executive summary shall be submitted to the Deep East Texas Council of Governments at the following address: East Texas Regional Water Planning Group c/o Deep East Texas Council of Governments 274 East Lamar Street Jasper, Texas 75951 Phone 409-384-5704; Fax 409-384-5390 Attention: Van Bush, Regional Services Planner TRD-9812385 Walter G. Diggles Executive Director Deep East Texas Council of Governments Filed: August 5, 1998 Employees Retirement System of Texas Corrections of Error The Employees Retirement System of Texas proposed amendments to sec.sec.87.1, 87.3, 87.5, 87.11, 87.15, 87.17, and 87.21. The rules appeared in the July 10, 1997, issue of the Texas Register, (23 TexReg 7172). On page 7175, sec.87.5(l)(1) and (2), both paragraph (1) and (2) were new and should have been underlined. Texas Ethics Commission Texas Ethics Commission List of Late Filers Listed below are the names of filers from the Texas Ethics Commission who did not file reports, or failed to pay penalty fines for late reports in reference to the listed filing deadline. If you have any questions, you may contact Kristin Newkirk at (512)463-5800 or (800) 325-8506. Deadline: Annual Personal Financial Statement due April 30, 1998 Brian Boales, CNA Risk Mgmt Grp., P.O. Box 105279, Atlanta, GA 30348-0279 Clara Caldwell, 4414 Akard, Houston, TX 77047 Celso Gonzalez-Falla, 2101 Glenoak, Corpus Christi, TX 78412 Cloyd O. Hadnot, P.O. Box 565, Hillilster, TX 77624 Thomas D. Kirksey, 1010 West 40th St., Austin, TX 78756 Teri Mathis, 1010 Baker Rd., Rosenberg, TX 77471 Patricia McDaniel, P.O. Box 12428, Austin, TX 78711 David L. Mendez, Texas Commerce Bank, 717 Travis, Houston, TX 77002-7056 James R. Meyers, 15112 Gaston Ave., Austin, TX 78703 Martha Rodriguez, Marriot Riverwalk, 171 E. Riverwalk, San Antonio, TX 78205 Michael Roberts Jr., Strategic Planning, 1400 Smith St. #4332, Houston, TX 77002 Timothy A. Scroggins, 3883 Royal St., Salado, TX 76571 Robert E. Schorlemer , 12617 Hunters Chase, San Antonio, TX 78230 Heriberto Silva, P.O. Box 249, Garciaville, TX 78547 Laura Stevens, 8500 Bantry Ct., Plano, TX, 75025 Thomas A. Thomas, 2747 36th St., Port Arthur, TX 77640 Mary L. Van Manen, 2114 Whirlaway Dr., Stafford, TX 77477-6488 John R. Ward, P.O. Box 179, Gatesville, TX 76528 Carole A. Woodard, P.O. Box 660, Galveston, TX 77553 Michael Williams, 2604 Garden Ridge Lane, Arlington, TX 76006 TRD-9812299 Karen Lundquist Executive Director Texas Ethics Commission Filed: August 4, 1998 General Services Commission Notice To Bidders, Project Number 96-001E-303 Sealed bids will be received by General Services Commission (GSC), Facilities Construction & Space Management Division (FCSM), 1711 San Jacinto, Bid Room, Room 180, 78701, (P. O. Box 13047, Austin, Texas 78711), telephone: (512) 463- 3417, on Tuesday, September 8, 1998, at 3:00 pm, for: Project Number 96-001E-303, Exterior Cladding for Parking Structure P, Austin, Texas. Cost is estimated at $800,000. BID RECEIPT LOCATION: General Services Commission, FCSM Division, Central Services Building, Bid Services, Room 180, 1711 San Jacinto, Austin, Texas 78711, BID RECEIPT TIME: Base Bids will be received at 3:00 pm. CONTRACTOR QUALIFICATIONS: Prime Contractors should submit information to the FCSM Division on Contractor Qualification Form, provided by FCSM, no later than 5:00 pm, Tuesday, September 1, 1998, to document compliance with contractor's qualification requirements for this project. Telephone (512) 463-3417 or contact the project manager to obtain form. Information is to be used in determining if a contractor is qualified to receive a contract award for the project. A review of FCSM Division of contractor qualification statements is required prior to obtaining bid documents from architect. BID DOCUMENTS: Plans and specifications will be available August 10, 1998, for prime contractors from Bouchard Parshall Architects, a joint venture, 101 West 6th Street, Suite 616, Austin, Texas 78701-2935, telephone (512) 477-1696. A deposit of $100 per set will be required for the bid documents. Bid documents will be available for review at the FCSM's Division Office, the Architect's Office, and the plan rooms of Associated Builders and Contractors, Associated General Contractors, Builders Exchange of Texas and the Dodge Company. PRE-BID CONFERENCE: There will be a pre-bid conference on Thursday, August 20, 1998 at 2:00 pm, at General Services Commission, FCSM Division, Central Services Building, 1711 San Jacinto, Room 200, Austin, Texas 78711. Any questions regarding this project should be directed to Ben Au at (512) 463- 3225 or email address: ben.au@gsc.state.tx.us. To be advertised in the Texas Register and advertised twice in: Austin American Statesman, San Antonio Express News, Texas Marketplace on Sunday, August 2, 1998 and on Monday, August 10, 1998. TRD-9812264 Cynthia J. Hill Legal Counsel General Services Commission Filed: August 3, 1998 Texas Department of Health Notice of Public Hearing The Texas Department of Health (department) will hold a public hearing on Thursday, August 20, 1998, at 10:00 a.m., in the Auditorium (Room 1.110) of the Joe C. Thompson Convention Center, 26th and Red River Streets, Austin, Texas, to receive public comments concerning a rule relating to the designation of trauma stabilization (Level V) facilities (25 Texas Administrative Code sec.157.131). Information regarding the hearing may be obtained from Kathy Perkins of the department's Emergency Medical Services Division, 1100 West 49th Street, Austin, Texas, Telephone (512) 834-6740. TRD-9812324 Susan K. Steeg General Counsel Texas Department of Health Filed: August 4, 1998 Notice of Request for Proposals for Minority Human Immunodeficiency Virus (HIV) Prevention Funds Introduction The Texas Department of Health (department) requests proposals from minority community-based organizations (CBOs) to address high-priority Human Immunodeficiency Virus (HIV) prevention needs of African American and Latino communities in Texas. Approximately $158,000 will be awarded on a competitive basis to support racial and ethnic minority CBOs in addressing high-priority HIV prevention needs of African American and Latino populations that have been identified as high risk through the HIV prevention community planning process. Two or more contracts will be awarded as a result of this request for proposals (RFP). Eligible Applicants Eligible applicants are minority CBOs located within the State of Texas. Individuals are not eligible. Entities that have had state or federal contracts terminated within the last 24 months for deficiencies in fiscal or programmatic performance are not eligible to apply. Minority CBOs are defined as those that have (1) a governing board composed of more than 50% racial or ethnic minority members; (2) a significant number of minority individuals in key program positions (including management, administrative and service provision) who reflect the racial and ethnic demographics and other characteristics of the population to be served; and (3) an established record of service to a racial or ethnic minority community or communities. In addition, if the minority organization is a local affiliate of a larger organization with a national board, the larger organization must meet the same requirements listed above. Availability of Funds Approximately $158,000 is expected to be available to fund two or more projects with a 12-month budget. The specific dollar amount to be awarded to each applicant will depend upon the merit and scope of the proposed project. Award of these funds is contingent upon annual federal grant awards to the department and the centers for disease control and prevention (CDC). The RFP is made prior to the award of 1999 funds to allow applicants sufficient time to respond to the application due date. Award of these funds is contingent upon satisfactory completion of the grant application and the negotiation process. To Obtain RFP To obtain a copy of the RFP, contact Laura Ramos at 512/490-2525, or send an e- mail request to laura.ramos@tdh.state.tx.us. No copies of the RFP will be released prior to September 1, 1998. Applications are due no later than 5:00 p.m., central standard time, November 5, 1998. TRD-9812331 Susan K. Steeg General Counsel Texas Department of Health Filed: August 4, 1998 Texas Statewide Health Coordinating Council Notice of Proposed 1999 - 2000 Texas State Health Plan The Statewide Health Coordinating Council (council) announces the availability of the draft proposed 1999-2000 Texas State Health Plan: Ensuring a Quality Health Care Workforce for Texas for public comment from August 14, 1998, until September 10, 1998. The plan is available for review from the Texas Department of Health, Bureau of State Health Data and Policy Analysis, Moreton Building, Room M-660, 1100 West 49th Street, Austin, Texas 78756. A meeting of the council will be held on Friday, August 28, 1998, at the Texas Department of Health, Tower Building, Room T-607, from 9:00 a.m. until 3:30 p.m. A public comment period will be held from 1:00 p.m. to 3:30 p.m. Written comments on the plan may be sent to Suzanne Adair, Ph.D., Texas Department of Health, Bureau of State Health Data and Policy Analysis, Moreton Building, Room M-660, 1100 West 49th Street, Austin, Texas 78756, or by electronic mail to Suzanne.Adair@TDH.state.tx.us, or by fax to Dr. Adair at (512) 458-7476. TRD-9812388 Ben G. Raimer, M.D. Chairman Texas Statewide Health Coordinating Council Filed: August 5, 1998 Texas Department of Housing and Community Affairs Notice of Funding Availability I. The Texas Department of Housing and Community Affairs (Department), through its HOME Investment Partnerships Program, announces the availability of funds for Community Housing Development Organizations (CHDOs). The Department intends to make available a minimum of $2.5 million. These funds will be distributed according to the rules and procedures as set forth in the HOME Investment Partnerships Program Rules, 10 TAC sec.sec.53.50 - 53.62, except as otherwise allowed by the Board. II. Eligible Activities: (a) Rental Project Assistance (1) Interim and permanent financing for acquisition, rehabilitation, new construction or reconstruction of multifamily and single family rental housing (2) Conversion of commercial property to multifamily rental housing (3) Site improvements, demolition, and other similar activities as described in 24 CFR 92.205 (4) Project-specific assistance as described in 24 CFR 92.301 (b) Interim Construction Assistance (1) Interim financing for new construction of single family housing (2) Costs related to acquisition of land and site-based infrastructure (c) Homebuyer Assistance when combined with Interim Construction Assistance (1) Down payment and Closing costs (2) Maximum loan amount to homebuyer depends on the median income of the area where the property is located; details are provided in the application III. Application Cycles Application cycles have been established for the CHDO funds. Applications submitted within an application cycle deadline will compete against other applications submitted under the same deadline. The application cycles will continue until all available CHDO funds have been committed. The application submission deadlines for each cycle are as follows: Cycle I - September 28, 1998 Cycle II - November 13, 1998 Cycle III - December 18, 1998 Cycle IV - January 29, 1999 IV. Application Request and Submission (a) Applications can be obtained by written request, or by contacting the HOME Program at the telephone number provided below. Applications must be received by the Department no later than 5:00 p.m. on the application submission deadline date. Applications sent by facsimile will not be accepted. Applicants must be CHDO-certified by the Department at the time of application submission. No application is required. For additional information, contact the HOME Program at (512) 475-3109. (b) Applications must be mailed to: Texas Department of Housing and Community Affairs, HOME Investment Partnerships Program, P. O. Box 13941, Austin, Texas 78711-394 or physical address: 507 Sabine, Austin, Texas 78701. TRD-9812396 Larry Paul Manley Title Executive Director Filed: August 5, 1998 Notice of Public Hearings The Omnibus Budget Reconciliation Act of 1981 (42 U.S.C.sec.9901 et seq.) and Texas Government Code, Sections 2306.092(11), 2105.053 and 2105.054, require public hearings on the intended use of federal block grant funds within Texas. The Texas Department of Housing and Community Affairs (TDHCA) will conduct four public hearings as part of the public information consultation and public hearings requirements for the Community Services Block Grant (CSBG), a federal block grant. The primary purpose of these hearings is to solicit public comment on the proposed use and distribution of federal fiscal year (FFY) 1999 funds to operate the Community Services Block Grant and Community Food and Nutrition Program activities. The hearings have been arranged as follows: Friday, August 28, 1998, in the Edinburg Auditorium, 415 West McIntyre, Edinburg, Texas, at 10 a.m. Wednesday, September 2, 1998 at the Carver Library, 1161 Angelina Street, Room 2, Austin, at 6 p.m. Wednesday, September 2, 1998, in the City Council Chambers, 300 East Shepherd, Lufkin, Texas, at 5 p.m. Wednesday, September 2, 1998, at the South Plains Association of Governments, 1323 58th Street, Lubbock, Texas, at 11:30 a.m. A representative of TDHCA will be present to explain the planning process and receive comments from interested citizens and affected groups regarding the proposed plans. Intended use Reports may be obtained on or about August 5, 1998 by contacting the Texas Department of Housing and Community Affairs, Administration and Community Affairs Division, P.O. Box 13941, Austin, Texas 78711-3941. This report may also be downloaded from our website address, www.tdhca.state.tx.us. Questions regarding the report may be directed to Dyna C. Lang, (512) 475-3905, or dlang@tdhca.state.tx.us. Comments on the intended use of funds may be in the form of oral or written testimony at the public hearings. Written comments may also be submitted to TDHCA using the post office box or e-mail address provided above no later than September 11, 1998. Individuals who require auxiliary aids or services for these meetings should contact Gina Arenas at (512) 475-3943 or Relay Texas at 1- (800) 735-2989 at least 2 days before the scheduled meeting. TRD-9812382 Larry Paul Manley Executive Director Texas Department of Housing and Community Affairs Filed: August 5, 1998 Request for Proposal for Bond Counsel SUMMARY: The Texas Department of Housing and Community Affairs (TDHCA), through its Legal Division, is issuing a Request for Proposal (RFP) for outside Bond Counsel. Bond Counsel will provide legal services in connection with the issuance of TDHCA's bonds, notes, and other obligations of TDHCA to finance or refinance residential housing and multifamily housing developments and to refund prior bond issues. DEADLINE FOR SUBMISSION: The deadline for submission in response to the Request for Proposal is 5:00 p.m. Central Standard Time August 31, 1998. No proposal received after the deadline will be considered. TDHCA reserves the right to accept or reject any (or all) proposals submitted. The information contained in this proposal request is intended to serve only as a general description of the services desired by TDHCA, and TDHCA intends to use responses as a basis for further negotiation of specific project details with offerors. This request does not commit TDHCA to pay for any costs incurred prior to the execution of a contract and is subject to availability of funds. Issuance of this request for proposal in no way obligates TDHCA to award a contract or to pay any costs incurred in the preparation of a response. Law firms interested in submitting a proposal should contact Lucille Spillar, Legal Assistant, General Counsel's office, at (512) 475-3726, 507 Sabine, Austin, TX 78701, for a complete copy of the RFP. Communication with any member of the board of directors, the executive director, or TDHCA staff other than General Counsel's office concerning any matter related to this request for proposals is grounds for immediate disqualification. TRD-9812398 Larry Paul Manley Executive Director Texas Department of Housing and Community Affairs Filed: August 5, 1998 Request for Proposal for Bond/Securities Disclosure Counsel SUMMARY: The Texas Department of Housing and Community Affairs (TDHCA), through its Legal Division, is issuing a Request for Proposal (RFP) for outside Bond/Securities Disclosure Counsel. Bond/Securities Disclosure Counsel will provide legal services in connection with the issuance of TDHCA's bonds, notes, and other obligations of TDHCA to finance or refinance residential housing and multifamily housing developments and to refund prior bond issues. DEADLINE FOR SUBMISSION: The deadline for submission in response to the Request for Proposal is 5:00 p.m. Central Standard Time August 31, 1998. No proposal received after the deadline will be considered. TDHCA reserves the right to accept or reject any (or all) proposals submitted. The information contained in this proposal request is intended to serve only as a general description of the services desired by TDHCA, and TDHCA intends to use responses as a basis for further negotiation of specific project details with offers. This request does not commit TDHCA to pay for any costs incurred prior to the execution of a contract and is subject to availability of funds. Issuance of this request for proposal in no way obligates TDHCA to award a contract or to pay any costs incurred in the preparation of a response. Law firms interested in submitting a proposal should contact Lucille Spillar, Legal Assistant, General Counsel's office, at (512) 475-3726, 507 Sabine, Austin, TX 78701, for a complete copy of the RFP. Communication with any member of the board of directors, the executive director, or TDHCA staff other than General Counsel's office concerning any matter related to this request for proposals is grounds for immediate disqualification. TRD-9812397 Larry Paul Manley Executive Director Texas Department of Housing and Community Affairs Filed: August 5, 1998 Texas Department of Human Services Vender Service Request - Delivery of Long Term Care (LTC) Services In accordance with Texas Government Code Chapter 2157, the Texas Department of Human Services (DHS) is exploring alternative strategies for contracting the delivery of Long Term Care (LTC) services. Description of Services: The offeror will evaluate the feasibility of the delivery of LTC services through an integrated model in which the entire continuum of LTC services are provided. These services include in part: personal attendant care, adult day care, residential care, community based alternative waiver services, nursing facility care, etc. The offeror will be expected to conduct a study to determine the feasibility of integrating LTC services under a LTC Network model to improve the coordination of services among providers of LTC services. Terms of the Contract: October 19, 1998, through February 28, 1999. Questions: Potential offerors must submit questions about this RFP in writing no later than 4:00 p.m. on August 24, 1998. Written questions may be received by courier, mail, or facsimile (FAX) at (512) 438-2845. Oral DHS responses are non- binding. On or about September 8, 1998, DHS will respond in writing to all written questions received by August 24, 1998. Responses to written questions will be mailed to all proposers of record. Written responses to all questions will be binding and will be mailed as an addendum to the RFP to all proposers of record. Closing Date: Proposals must be received by 4:00 p.m. on September 25, 1998. Evaluation and Selection: All responsive proposals will be subject to evaluation by a review committee of DHS personnel. This committee will recommend a single proposal which most clearly meets the identified requirements. Final decision will be that of Department management based on this recommendation and a separate review of evaluation scores and bidder performance summaries. Contact Person: Release of Request for Proposal (RFP) will occur on August 14, 1998 and/or on the date of publication of the RFP in the Texas Register. Potential offerors may request a proposal packet by contacting Ms. Edna Reich, Texas Department of Human Services, P.O. Box 149030, Mail Code W- 516, Austin, Texas 78714-9030; or by calling telephone number (512) 438-3224. TRD-9812391 Glenn Scott Agency Liaison Texas Department of Human Services Filed: August 5, 1998 Texas Department of Insurance Insurer Services The following applications have been filed with the Texas Department of Insurance and are under consideration: Application to change the name of FOLKSAMERICA GENERAL INSURANCE COMPANY to X.L. INSURANCE COMPANY OF AMERICA, INC., a foreign property and casualty company. The home office is located in New York City, New York. Application for incorporation in Texas for TEXAS COMMUNITY CENTERS MANAGED CARE, INC., a domestic HMO. The home office is located in Austin, Texas. Application to change the name of LUTHERAN BENEVOLENT INSURANCE EXCHANGE to THE MILLERS SPECIALTY INSURANCE COMPANY, a foreign property and casualty company. The home office is located in Alma, Missouri. Application to change the name of TEXAS SERVICE LIFE INSURANCE COMPANY to AMERICAN SOUTHWEST LIFE INSURANCE COMPANY, a domestic life company. The home office is located in Austin, Texas. Application for incorporation in Texas for VALLEY BAPTIST HEALTH PLAN, INC., a domestic HMO. The home office is located in Harlingen, Texas. Application by VALLEY BAPTIST HEALTH PLAN, INC. to use the assumed name of VALLEY BAPTIST HEALTH PLAN, a domestic HMO. The home office is located in Harlingen, Texas. 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-9812061 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: July 31, 1998 The following application has been filed with the Texas Department of Insurance and is under consideration: Application to change the name of HIGH PLAINS BAPTIST HEALTH SYSTEMS to BAPTIST COMMUNITY SERVICES, a domestic CCRC company. The home office is located in Amarillo, Texas. 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-9812383 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: August 5, 1998 Notices Pursuant to the Texas Insurance Code, Article 1.33B(c)(5) and 28 TAC sec.1.1317(3), the Commissioner of Insurance will hold a public meeting to consider the proposal for decision and the exceptions, replies, briefs and arguments of the parties in SOAH Docket Number 454-97-2107.G, In the Matter of the Residential Property Homeowners, Dwelling, Farm and Ranch, Farm and Ranch Owners, and Windstorm Insurance Association Benchmark Rate Hearing. The parties are permitted to make oral argument before the Commissioner in the same order of presentation as in the benchmark hearing. The public meeting is scheduled for October 8, 1998 at 9:00 a.m. in Room 100 of the William B. Hobby Jr. State Office Building, 333 Guadalupe Street in Austin, Texas. TRD-9812214 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: August 3, 1998 The Commissioner of Insurance, or his designee, will consider approval of a rating manual request submitted by Realm National Insurance Company proposing to use a rating manual relative to classifications and territories different than that promulgated by the Commissioner of Insurance pursuant to Texas Insurance Code Annotated, Article 5.101, sec.3(l). They are proposing to introduce a special independent program for zone rated automobiles that will divide destination zones 41, 42 and 45 into Zone A and Zone B with flex percentages for liability coverage of 1.25 for Zone A and 1.30 for Zone B for commercial automobile insurance. Copies of the filing may be obtained by contacting Gifford Ensey, at the Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin, Texas 78714-9104, extension (512) 475-1761. This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to Article 5.101, sec.3(h), is made with the Deputy Commissioner, Automobile & Homeowners Group, David R. Durden, at the Texas Department of Insurance, MC 104-5A, P.O. Box 149104, Austin, Texas 78701 within 30 days after publication of this notice. TRD-9812062 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: July 31, 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: Assured Investors Life Company 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. Nesenholtz, 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-9812049 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: July 31, 1998 Notice of Public Hearing The Commissioner of Insurance will hold a public hearing under Docket Number 2378, on August 24, 1998, at 9:00 a.m. in Room 100 of the William P. Hobby Jr. State Office Building, 333 Guadalupe Street, Austin, Texas concerning 28 TAC sec.34.801, sec.sec.34.807-34.809, sec.sec.34.811-34.815, sec.sec.34.817-34.818, sec.sec.34.822-34.826, sec.34.28 and sec.34.830, relating to legislation enacted by the 75th Legislature in Senate Bill 371, which in part, transferred the operations of the state fire marshal and all of the powers, duties, rights, obligations, contracts, records, personnel, property, funds, and unspent appropriations of the Texas Commission on Fire Protection with respect to the administration of Article 5.43-4 of the Insurance Code from the Texas Commission on Fire Protection to the Texas Department of Insurance, effective September 1, 1997. The proposed amendments and the statutory authority for the proposed amendments, was published in the July 24, 1998 issue of the Texas Register (23 TexReg 7514). TRD-9812384 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: August 5, 1998 Third Party Administrator Applications The following third party administrator (TPA) application has been filed with the Texas Department of Insurance and is under consideration: Application for incorporation in Texas of South Texas Physician Alliance, a domestic third party administrator. The home office is Harlingen, Texas. Any objections must be filed within 20 days after this notice was filed with the Secretary of State, addressed to the attention of Charles M. Waits, MC 107-5A, 333 Guadalupe, Austin, Texas 78714-9104. TRD-9812004 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: July 29, 1998 The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration: Application for incorporation in Texas of Safeguard Health Plans, Inc., a domestic third party administrator. The home office is Dallas, Texas. Application for admission to Texas of PacificDental Benefits, Inc., a foreign third party administrator. The home office is Dover, Delaware. Application for admission to Texas of Managed Healthcare Concepts, Inc., a foreign third party administrator. The home office is Atlanta, Georgia. Any objections must be filed within 20 days after this notice was filed with the Secretary of State, addressed to the attention of Charles M. Waits, MC 107-5A, 333 Guadalupe, Austin, Texas 78714-9104. TRD-9812215 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: August 3, 1998 Legislature Budget Board Schedule for Joint Budget Hearings on Appropriations Requests for the 2000-2001 Biennium (August 17 - August 28, 1998) [Figure] [Figure] [Figure] [Figure] [Figure] [Figure] TRD-9812346 John Keel Director Legislative Budget Board Filed: August 4, 1998 Texas Department of Mental Health and Mental Retardation Notice to Bidders on Emergency Repairs at Austin State Hospital Sealed bids will be received by the Texas Department of Mental Health and Mental Retardation, Maintenance and Construction, at 909 W. 45th St., Bldg. 3, Room 149, Austin, Texas 78756, Telephone: (512) 206-5880 until 2:00 p.m., Thursday, September 17, 1998, for Project No. 97-011-677, Emergency Repairs - Roof and Window Building 501, Austin State Hospital, 4110 Guadalupe, Austin, Texas. A mandatory pre-bid conference will be held at 10:00 a.m., Thursday, August 27, 1998, at the project site, Conference Room 212, in Building 501, Austin State Hospital, 4110 Guadalupe, Austin, Texas 78751. Attendance at the pre-bid conference is MANDATORY. A bid will not be accepted from any bidder that has not attended the pre-bid conference. Plans and specifications will be available from The Williams Company, AIA, 3636 Executive Center Drive #254, Austin, Texas 78755-2294, Telephone: 512/346-8546, Fax: 512/346-8565. A $75.00 deposit is required for the Master Spec Book. Work consists of preservation and stabilization of as much as possible of the exterior building envelope of the Austin State Hospital, Administration Building, Building 501, within a fixed construction budget. The building is listed as a State and National Historic Site and is one of the State's most historically significant institutional structures. The scope of the work shall include: Roof renovation, restoration of windows and door openings, asbestos and lead paint abatement, structural improvements, wood repair and replacement and masonry restoration. The estimated project contract amount is $795,507.35. Bids will be received in accordance with state procedures. TRD-9812377 Charles Cooper Chairman, Texas MHMR Board Texas Department of Mental Health and Mental Retardation Filed: August 5, 1998 Notice to Bidders on Reroofing at Austin State Hospital Sealed bids will be received by the Texas Department of Mental Health and Mental Retardation, Maintenance and Construction, at 909 W. 45th St., Bldg. 3, Room 149, Austin, Texas 78756, Telephone: (512) 206-5880 until 2:00 p.m., Thursday, September 3, 1998, for Project No. 98-086-677, Re-roofing on Building 540, Austin State Hospital, 4110 Guadalupe, Austin, Texas. A mandatory pre-bid conference will be held at 10:00 a.m., Tuesday, August 18, 1998, at the project site, in Building 540, Austin State Hospital, 4110 Guadalupe, Austin, Texas 78751. Attendance at the pre-bid conference is MANDATORY. A bid will not be accepted from any bidder that has not attended the pre-bid conference. Plans and specifications will be available from Law Engineering and Environmental Services, Inc., 3520 Executive Center Drive, Suite G-100, Austin, Texas 78731, Telephone: 512/795-0360, Fax: 512/795-8423. A $75.00 deposit is required for the Master Spec Book. Work consists of removal and replacement of existing roofing and insulation, removal of existing gravity vents and in- filling of associated roof penetrations, flashing and sheet metal. The estimated project contract amount is $32,934.95. Bids will be received in accordance with state procedures. TRD-9812379 Charles Cooper Chairman, Texas MHMR Board Texas Department of Mental Health and Mental Retardation Filed: August 5, 1998 Notice to Bidders on Reroofing at Rio Grande State Center Sealed bids will be received by the Texas Department of Mental Health and Mental Retardation, Maintenance and Construction, at 909 W. 45th St., Bldg. 3, Room 149, Austin, Texas 78756, Telephone: (512) 206-5880 until 2:00 p.m., Thursday, September 10, 1998, for Project No. 98-022-659, Reroof of Building 507 - Auditorium, Rio Grande State Center, 1401 S. Rangerville Road, Harlingen, Texas. A mandatory pre-bid conference will be held at 10:00 a.m., Thursday, August 20, 1998, at the project site, in Building 507, Rio Grande State Center, 1401 S. Rangerville, Harlingen, Texas 78550. Attendance at the pre-bid conference is MANDATORY. A bid will not be accepted from any bidder that has not attended the pre-bid conference. Plans and specifications will be available from Law Engineering and Environmental Services, Inc., 3520 Executive Center Drive, Suite G-100, Austin, Texas 78731, Telephone: 512/795-0360, Fax: 512/795-8423. A $75.00 deposit is required for the Master Spec Book. Work consists of removal and replacement of existing roofing and insulation, installation of preformed metal wall panels over existing glazed openings and metal cladding of existing exterior doors. An alternate shall be entertained to replace existing wood doors with new hollow metal doors in lieu of cladding the existing doors. The estimated project contract amount is $42,000.00. Bids will be received in accordance with state procedures. TRD-9812378 Charles Cooper Chairman, Texas MHMR Board Texas Department of Mental Health and Mental Retardation Filed: August 5, 1998 Texas Natural Resource Conservation Commission Corrections of Error The Texas Natural Resource Conservation Commission submitted a Notice of Public Hearing. The notice appeared in the July 17, 1997, issue of the Texas Register, (23 TexReg 7454). A second paragraph should be added to the notice as follows. "The proposed rules would incorporate by reference five federal Maximum Achievable Control Technology (MACT) standards for the control of hazardous air pollutant emissions from specific source categories. These five federal rules are: Group I Polymers and Resins, 40 Code of Federal Regulations (CFR) 63, Subpart U; Offsite Waste and Recovery Operations, 40 CFR 63, Subpart U; Offsite Waste and Recovery Operations, 40 CFR 63, Subpart DD; Shipbuilding and Ship repair (Surface Coating), 40 CFR 63, subpart II; Printing and Publishing, 40 CFR 63, Subpart KK; and Group IV Polymers and Resins, 40 CFR 63, Subpart JJJ." The word "also" should be added to the existing second paragraph of the notice so that the beginning of the paragraph would read, "The proposed amendments would also incorporate changes..." The Texas Natural Resource Conservation Commission proposed new 30 TAC sec.sec.33.1, 33.3, 33.11, 33.13, 33.15, 33.17, 33.19, 33.21, 33.23, 33.25, 33.27, 33.29, and 33.31. The rules appeared in the July 17, 1997, issue of the Texas Register, (23 TexReg 7347 and 7351). On page 7349, Chapter 33 preamble, first column, 4th full paragraph, the last sentence states that new Chapter 35 is proposed in the July 17 edition of the Texas Register. The statement should have read that new Chapter 35 was published in the July 3, 1998, issue of the Texas Register (23 TexReg 6899). On page 7351, sec.3.25, the word "part" should be omitted. Therefore, the sentence should read, "A consolidated permit, or a component authorization of that permit, shall be corrected under sec.50.45 of this title (relating to Corrections to Permits)." Notice of Availability/Invitation to Comment The Texas Natural Resource Conservation Commission (TNRCC) announces the availability of the draft Unified Watershed Assessment (Assessment) for the State of Texas. The Assessment was developed in accordance with guidance set forth in the federal Clean Water Action Plan (CWAP). The initiatives of the CWAP were developed with the goal of coordinating federal, state, tribal, and local activities aimed at meeting the goals of the Clean Water Act that all citizens of the United States have access to waters that are fishable, swimmable, and safe and other natural resource goals. The Assessment in Texas is jointly led by the United States Department of Agriculture Natural Resources Conservation Services (NRCS), the TNRCC, and the Texas State Soil and Water Conservation Board (TSSWCB). Other state and federal partners who assisted in the development of this Assessment include: the Texas Parks and Wildlife Department, the Texas A&M University System, the Texas office of the United States Geologic Survey, the Texas office of the United States Fish and Wildlife Service, and the Texas office of the U.S. Army Corps of Engineers. For the assessment, watersheds were grouped into four categories: 1) watersheds in need of restoration, 2) watersheds in need of preventative action, 3) watersheds with pristine/sensitive aquatic system conditions, and 4)watersheds with insufficient data for assessment. In addition, the Unified Watershed Assessment discusses the state's priorities and strategies for water quality restoration. A copy of the Texas Unified Watershed Assessment may be obtained from Monty C. Dozier, Natural Resources Conservation Service, Poage Federal Building, 101 S. Main Street, Temple, TX 76501-7682, (254) 742-9807, e-mail m-dozier@tamu.edu. The Texas Unified Watershed Assessment is also available on the TNRCC's Internet site at http://www.tnrcc.state.tx.us/water/quality/tmdl/ . A public meeting will be held on Monday, August 31, 1998 at 9:00 am at the Texas Natural Resource Conservation Commission offices, 12015 N. Interstate 35, Austin, Texas, Building F, Second Floor, Room 2210. Comments on the Unified Watershed Assessment must be provided in written form and sent to Louanne Jones, Texas Natural Resource Conservation Commission, Water Quality Division, MC 150, P.O. Box 13087, Austin, TX 78711-3087, (512) 239-2310. Comments may be faxed to (512) 239-4410, but must be followed up with the submission and receipt of the written comments within three working days of when they were faxed. Written comments must be received by 5:00 pm, September 14, 1998. For further information contact Louanne Jones, Texas Natural Resource Conservation Commission, Water Quality Division, (512) 239-2310, e-mail lojones@tnrcc.state.tx.us. TRD-9812380 Kevin McCalla Director, Environmental Law Division Texas Natural Resource Conservation Commission Filed: August 5, 1998 Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions The Texas Natural Resource Conservation Commission (TNRCC or commission) Staff is providing an opportunity for written public comment on the listed Default Orders. The TNRCC Staff proposes Default Orders when the Staff has sent an Executive Director's Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance, and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPR. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the TNRCC pursuant to the Texas Water Code, sec.7.075, this notice of the proposed orders and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is September 12, 1998. The TNRCC will consider any written comments received and the TNRCC may withdraw or withhold approval of a Default Order if a comment discloses facts or considerations that indicate that the proposed Default Order is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's jurisdiction, or the TNRCC's orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed Default Order is not required to be published if those changes are made in response to written comments. A copy of each of the proposed Default Orders is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Written comments about these Default Orders should be sent to the attorney designated for each Default Order at the TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on September 12, 1998. Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorney is available to discuss the Default Orders and/or the comment procedure at the listed phone number; however, comments on the Default Orders should be submitted to the TNRCC in writing. (1)COMPANY: Ed Bullion; DOCKET NUMBER: 97-1167-MSW-E; ENFORCEMENT ID NUMBER: 10126; LOCATION: Trinity, Trinity County, Texas; TYPE OF FACILITY: municipal solid waste storage, processing, and disposal facility; RULES VIOLATED: 30 TAC sec.330.4(a) by failing to obtain a permit or other authorization from the TNRCC to operate as a municipal solid waste storage, processing, and disposal facility; 30 TAC sec.330.5(d) by burning municipal solid waste at the Facility without authorization by the commission or executive director; 30 TAC sec.330.5(a)(2) and (3) by creating and maintaining a nuisance with the emission of odors at the Facility, and endangering human health and welfare of the environment; PENALTY: $6,250; STAFF ATTORNEY: Ali Abazari, Litigation Support Division, MC 175, (512) 239-5915; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beamount,Texas 77703-1892, (409) 898-3838. (2) COMPANY: Don Wagner dba Don's Auto Body; DOCKET NUMBER: 97-1174-AIR-E; TNRCC ID NUMBER: DB-4206-U; LOCATION: Dallas County, Dallas, Texas; TYPE OF FACILITY: automotive paint and body shop; RULES VIOLATED: 30 TAC sec.115.422(1)(A) and Texas Health and Safety Code, sec.382.085(b) by failing to install and operate a system which totally encloses spray guns, cups, nozzles, bowls, and other parts during washing, rinsing, and draining procedures or to use a cleaning solvent with a vapor pressure of less than 100 millimeters of mercury (mm Hg) at 68 degrees Fahrenheit and a non-enclosed cleaner with the solvent directed toward a drain that leads directly to an enclosed remote reservoir; 30 TAC sec.115.426(a)(1)(A) and Texas Health and Safety Code, sec.382.085(b) by failing to maintain Material Safety Data Sheets which document the volatile organic compound content, composition, solids content, solvent density, and other relevant information regarding each coating and solvent available for use in the affected surface coating processes sufficient to determine continuous compliance with applicable control limits; PENALTY: $1,000; STAFF ATTORNEY: Bill Jang, Litigation Support Division, MC 175, (512) 239-2269; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas, 76010-6499, (817) 469-6750. (3)COMPANY: Way Back When; DOCKET NUMBER: 97-0538-AIR-E; TNRCC ID NUMBER: HX- 1363-A; LOCATION: Tomball, Harris County, Texas; TYPE OF FACILITY: automotive repair and refinishing shop; RULES VIOLATED: 30 TAC sec.116.110(a) and Texas Health and Safety Code, sec.382.085(b) and sec.382.0518(a) by operating an automotive repair and refinishing shop without first obtaining a permit or satisfying the conditions of a standard exemption; PENALTY: $500; STAFF ATTORNEY: Kathy Keils, Litigation Support Division, MC 175, (512) 239-0678; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500. TRD-9812390 Margaret Hoffman Director, Legal-Environmental Law Division Texas Natural Resource Conservation Commission Filed: August 5, 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 September 13, 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 September 13, 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: American Lumber Milling & Manufacturing, Incorporated dba Wiergate Forest Products; DOCKET NUMBER: 97-1172-AIR-E; IDENTIFIER: Account Number NC- 0008-B; LOCATION: Wiergate, Newton County, Texas; TYPE OF FACILITY: sawmill; RULE VIOLATED: 30 TAC sec.116.110(a), sec.101.20(1), 40 Code of Federal Regulations sec.60.48c(a), and the Act, sec.382.085(b) and sec.382.0518(a), by failing to obtain permit authorization before commencing construction and operation of a boiler, two kilns, and a new horizontal resaw and by failing to submit notification of the date that construction commenced on the new boiler, the anticipated startup date of the new boiler, and the actual startup date of the new boiler; PENALTY: $13,750; ENFORCEMENT COORDINATOR: Lawrence King, (512) 239-1405; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838. (2)COMPANY: City of Arlington; DOCKET NUMBER: 98-0288-PST-E; IDENTIFIER: Petroleum Storage Tank Facility Identification Number 0043864; LOCATION: Arlington, Tarrant County, Texas; TYPE OF FACILITY: petroleum storage tank fleet center; RULE VIOLATED: 30 TAC sec.115.245(2), by failing to have the pressure decay test conducted annually; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Doug Reske, (817) 469-6750; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (3)COMPANY: City of Azle; DOCKET NUMBER: 98-0025-MWD-E; IDENTIFIER: Permit Number 11183-003; LOCATION: Azle, Tarrant County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: Permit Number 11183-003 and the Code, sec.26.121, by exceeding the permitted daily average limit of 15 milligrams per liter for total suspended solids; PENALTY: $3,750; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (4)COMPANY: Amin Hajayanee; DOCKET NUMBER: 98-0234-PST-E; IDENTIFIER: Petroleum Storage Tank Facility Identification Number 0044225; LOCATION: Arlington, Tarrant County, Texas; TYPE OF FACILITY: petroleum storage tank retail; RULE VIOLATED: 30 TAC sec.115.241, by failing to install an approved Stage II vapor recovery system which is certified to reduce the emissions of volatile organic compounds to the atmosphere by at least 95%; 30 TAC sec.334.50(a)(1)(A), by failing to provide proper release detection for underground storage tank (UST) systems; 30 TAC sec.334.51(b)(2)(B) and (C), by failing to provide proper spill containment equipment and overfill prevention equipment; 30 TAC sec.334.7(d)(3), by failing to amend UST registration; and 30 TAC sec.334.22(a), by failing to pay annual facility fees for USTs at the time and in the manner provided by 30 TAC Chapter 334, Subchapter B; PENALTY: $3,600; ENFORCEMENT COORDINATOR: Doug Reske, (817) 469-6750; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (5)COMPANY: Israel Leal dba Lockwood Collision Repair; DOCKET NUMBER: 98-0122- AIR-E; IDENTIFIER: Account Number HX-1421-L; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: automotive paint and refinishing shop; RULE VIOLATED: 30 TAC sec.116.115(a), sec.106.436(12), and the Act, sec.382.085(b), by failing to meet the distance requirements for the spray booth; PENALTY: $1,440; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500. (6)COMPANY: Mill Creek Estates Association; DOCKET NUMBER: 98-0153-PWS-E; IDENTIFIER: Public Water Supply Number 0930054; LOCATION: Todd Mission, Grimes County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC sec.290.46(f)(1) and (2), by failing to provide mechanical disinfection equipment and by failing to provide a chlorine test kit which uses the diethyl- p-phenylenediamine method; 30 TAC sec.290.46(e), (a), (h), (n), (w), (m), (i), and (l), by failing to ensure that the system is under the direct supervision of a "D" certified water works operator, by failing to submit for review and approval "As-Built" plans and specifications of the existing system, by failing to provide calcium hypochlorite disinfectant at the facility, by failing to maintain an updated map of the distribution system, by failing to post a legible sign at each facility, by failing to initiate a maintenance program for cleanliness of the plant, by failing to adopt adequate plumbing regulations, and by failing to flush all dead end mains on a monthly basis; 30 TAC sec.290.46(j) and (j)(2) and (3), by failing to conduct customer service inspections, by failing to eliminate unacceptable plumbing practices, and by failing to have available properly completed customer service inspection certifications; 30 TAC sec.290.106(a)(1), by failing to submit the required number of water samples for bacteriological analysis; 30 TAC sec.290.41(c)(3)(A), (B), (K), (J), (M), (N), and (O), by failing to submit well completion data, by failing to extend the wellhead casing a minimum of 18 inches above the natural ground surface, by failing to provide a proper seal for the Oakforest Drive wellhead to protect the well water, by failing to provide a concrete sealing block extending at least three feet in all directions from the well casing, by failing to provide a screened well casing vent, by failing to provide a suitable sampling tap on the well discharge line, by failing to provide a flow meter on the well discharge line, and by failing to provide an intruder-resistant fence and a gate with a secure lock; 30 TAC sec.290.41(c)(1)(F), by failing to obtain and record at the county courthouse a sanitary easement for the well site; 30 TAC sec.290.44(d)(4) and (5), by failing to provide a metering device at each service connection and by failing to provide the system with sufficient valves and blowoffs; 30 TAC sec.290.43(d)(2), by failing to provide a pressure release device on the pressure tank; and 30 TAC sec.290.45(b)(1)(A), by failing to comply with the "Minimum Water System Capacity Requirements"; PENALTY: $2,600; ENFORCEMENT COORDINATOR: Subhash Jain, (512) 239-5867; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335. (7)COMPANY: Odell Geer Construction Company, Incorporated; DOCKET NUMBER: 98- 0078-AIR-E; IDENTIFIER: Account Number BF-0057-I; LOCATION: Belton, Bell County, Texas; TYPE OF FACILITY: hot mix asphalt plant; RULE VIOLATED: 30 TAC sec.116.115(a), Permit Number 5645, and the THSC, sec.382.085(b), by exceeding the permitted production rate of 80,000 tons per year; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335. (8)COMPANY: U-Haul Company #724; DOCKET NUMBER: 98-0527-AIR-E; IDENTIFIER: Account Number EE-1688-M; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: vehicle and equipment rental store; RULE VIOLATED: 30 TAC sec.114.100(a) and the THSC, sec.382.085(b), by supplying and/or dispensing gasoline for use as motor vehicle fuel which failed to meet the minimum oxygen content of 2.7% by weight; PENALTY: $600; ENFORCEMENT COORDINATOR: Stacey Young, (512) 239-1899; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634. (9)COMPANY: George and Lisa Walker; DOCKET NUMBER: 98-0299-EAQ-E; IDENTIFIER: Enforcement Identification Number 12310; LOCATION: San Marcos, Hays County, Texas; TYPE OF FACILITY: private residence; RULE VIOLATED: 30 TAC sec.213.4(a), by failing to file an Edwards Aquifer protection plan and receive TNRCC approval prior to the initiation of construction on the Edwards Aquifer Recharge Zone; PENALTY: $800; ENFORCEMENT COORDINATOR: Merrilee Mears, (512) 239-4490; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339- 2929. (10)COMPANY: Bill and Helen J. Williams; DOCKET NUMBER: 98-0218-MWD-E; IDENTIFIER: Enforcement Identification Number 12122; LOCATION: Burleson, Johnson County, Texas; TYPE OF FACILITY: collection system for mobile home park; VIOLATED: The Code, sec.26.121, and the THSC, sec.341.014, by allowing unauthorized discharges of untreated sewage from the facility collection system and by failing to dispose of human excreta through properly managed treatment facilities; and 30 TAC sec.317.1(a)(3)(E), by beginning construction of a wastewater treatment facility prior to receiving TNRCC authorization; PENALTY: $19,250; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. TRD-9812301 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: August 4, 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 not later than the 30th day before the date on which the public comment period closes, which in this case is September 12, 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 September 12, 1998. Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, sec.7.075 provides that comments on the AOs should be submitted to the TNRCC in writing. (1)COMPANY: Nicki Hicks dba Hicks Dairy; DOCKET NUMBER: 96-1906-AGR-E; ACCOUNT NUMBER: 03263; LOCATION: approximately two miles west of intersection of Farm- to-Market Roads 219 and 2303 in Erath County, Texas; TYPE OF FACILITY: confined animal feeding operation; RULES VIOLATED: Permit Number 03263, Special Provision 2.6 by failing to maintain adequate waste and wastewater disposal records; Permit Number 03263, Special Provision 2.2.5 and 30 TAC sec.321.35(a) by failing to properly maintain the wastewater storage pond; Texas Water Code, sec.26.121(a), 30 TAC sec.321.35, and Permit Number 03263 by discharging waste and wastewater from a wastewater storage pond into or adjacent to water in the state without authorization; Texas Water Code, sec.26.039 and Permit Number 03263 by failing to give oral notice to the TNRCC Arlington Regional Office within 24 hours and written notice to the TNRCC Central Office within five days of the unauthorized discharge of waste and wastewater from the wastewater storage pond; PENALTY: $8,120; STAFF ATTORNEY: Lisa Z. Hernandez, Litigation Support Division, MC 175, (512) 239-0612; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. TRD-9812389 Margaret Hoffman Director, Legal-Environmental Law Division Texas Natural Resource Conservation Commission Filed: August 5, 1998 Notices of Public Hearings Notice is hereby given that under the requirements of Texas Health and Safety Code, sec.382.017; Texas Government Code, Subchapter B, Chapter 2001; and 40 Code of Federal Regulations (CFR), sec.51.102 of the United States Environmental Protection Agency regulations concerning State Implementation Plans (SIP), the Texas Natural Resource Conservation Commission (commission) will conduct public hearings to receive testimony concerning revisions to 30 TAC Chapter 113. The commission proposes the repeal of sec.sec.113.31- 113.68, concerning Lead from Stationary Sources, and new sec.113.55, concerning Radon Emissions from Phosphogypsum Stacks. The proposed repeals will eliminate lead rules which no longer apply to active lead sources, and the new section will request for delegation of authority to implement one of the 40 CFR, Part 61, National Emissions Standards for Hazardous Air Pollutants. In addition, the commission proposes renaming Subchapter B to National Emission Standards for Hazardous Air Pollutants (NESHAPs) (FCAA sec.112, 40 CFR 61). Public hearings on the proposal will be held in Austin on September 8, 1998, at 10:00 a.m. in Building F, Room 2210 of the Texas Natural Resource Conservation Commission complex, located at 12100 North IH-35, Park 35 Technology Center; and in El Paso on September 9, 1998, at 7:00 p.m. at the City of El Paso Council Chambers, 2 Civic Center Plaza, 2nd Floor. The hearings are 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 hearings; however, an agency staff member will be available to discuss the proposal 30 minutes prior to each hearing and answer questions before and after the hearings. Written comments may be submitted to Heather Evans, Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. All comments should reference Rule Log Number 98006- 113-AI. Comments must be received by 5:00 p.m., September 14, 1998. For further information, please contact Phil Harwell, Air Policy and Regulations Division, Office of Policy and Regulatory Development, (512) 239-1517. 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-9812113 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: July 31, 1998 Notice is hereby given that pursuant to the requirements of the Texas Health and Safety Code Annotated, sec.382.017 (Vernon's 1992); Texas Government Code Annotated, Subchapter B, Chapter 2001 (Vernon's 1993); and 40 Code of Federal Regulations, sec.51.102, of the United States Environmental Protection Agency (EPA) regulations concerning State Implementation Plans (SIP), the Texas Natural Resource Conservation Commission (commission) will conduct a public hearing to receive testimony regarding revisions to 30 TAC Chapter 114 and to the SIP concerning Transportation Conformity. The proposed rule and associated SIP revisions would incorporate recent EPA changes to the federal transportation conformity rule, which requires all transportation plans, programs, and projects in nonattainment or maintenance areas to conform to the SIP. Other proposed amendments would simplify transportation control measure requirements and clarify the transportation conformity determination process. The proposed revisions are required by the Federal Clean Air Act. If the revisions are not adopted, the nonattainment/maintenance areas of the state may be subject to EPA highway sanctions resulting in a loss of federal highway funding. This proposal was originally taken to hearing on May 13, 1998. Based on the significant nature of some comments received at that time, a decision was made to incorporate changes suggested by the commenters and schedule a new hearing. Persons who submitted comments during the first hearing and comment period will not be required to resubmit their comments, because the evaluation of testimony will include comments from both hearings and comment periods. Those persons may, however, submit additional comment if they so desire. A second public hearing on this proposal will be held in Austin on September 8, 1998, at 2:00 p.m. in Building F, Room 2210, at the commission complex, located at 12100 North IH-35, Park 35 Circle, Austin, Texas. 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., September 14, 1998 and should reference Rule Log Number 98003-114-AI. For further information on this proposal, please contact Mr. Alan Henderson, Air Policy and Regulations Division, at (512) 239-1510, or Ms. Cathy Stephens, Air Quality Planning and Assessment Division at (512) 239-1749. 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-9812114 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: July 31, 1998 Texas Department of Protective and Regulatory Services Corrections of Error The Texas Department of Protective and Regulatory Services proposed an amendment to sec.700.316. The rule appeared in the July 10, 1997, issue of the Texas Register, (23 TexReg 7180). The first paragraph of the preamble should read: "The Texas Department of Protective and Regulatory Services (TDPRS) proposes an amendment to sec.700.316, concerning eligibility requirements for Title IV-E, MAO, and state-paid foster care, in its Child Protective Services (CPS) chapter. The purpose of the amendment is to allow CPS to provide up to 3 and 1/2 months of transitional state-paid foster care assistance to youth who completed high school (usually in May), but who are not able to move into a college dormitory until August or September. Obtaining short-term housing in these situations can be difficult, as current CPS policy requires that paid foster care end the month the youth graduates from high school." Public Utility Commission of Texas Applications to Introduce New or Modified Rates or Terms Pursuant to P.U.C. Substantive Rule sec.23.25 Notice is given to the public of an application filed with the Public Utility Commission of Texas on July 24, 1998 to introduce new or modified rates or terms pursuant to P.U.C. Substantive Rule sec.23.25, Procedures Applicable to Chapter 58-Electing Incumbent Local Exchange Companies (ILECs). Tariff Title and Number: Southwestern Bell Telephone Company Notification to Institute Changes to the IntelliNumber Service Pursuant to P.U.C. Substantive Rule sec.23.25. Tariff Control Number 19645. The Application: SWBT filed an application to revise the General Exchange Tariff, Section 10, IntelliNumber Service. This application proposes to remove the Trade Area Screening option associated with IntelliNumber Service because it will not function effectively with Local Number Portability, and currently there are not any customers subscribing to this option. Also, included in this application, is a revision to clarify the use of the customer-recorded announcement for IntelliNumber Service. The default announcement used in IntelliNumber Service may not be used for advertising or promotion. Persons who wish to intervene in this proceeding 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 by August 20, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9812073 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 31, 1998 Notice is given to the public of an application filed with the Public Utility Commission of Texas on July 24, 1998 to introduce new or modified rates or terms pursuant to P.U.C. Substantive Rule sec.23.25, Procedures Applicable to Chapter 58-Electing Incumbent Local Exchange Companies (ILECs). Tariff Title and Number: Southwestern Bell Telephone Company Notification to Introduce a New Service, Usage Sensitive Three-Way Calling Service Pursuant to P.U.C. Substantive Rule sec.23.25. Tariff Control Number 19647. The Application: SWBT filed an application to introduce an optional service called Usage Sensitive Three-Way Calling. Usage Sensitive Three-Way Calling will work, functionally, as Three-Way Calling does today by allowing customers to add a third party to their existing call by depressing the switch hook and dialing the number of the party they wish to add. Customers will be able to activate Usage Sensitive Three-Way Calling when they choose and will be charged on a per activation basis. The proposed charge for Usage Sensitive Three-Way Calling is $ .75 per activation with a maximum charge of $6.00 per month. Persons who wish to intervene in this proceeding 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 by August 20, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9812075 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 31, 1998 Notice of Application for Modification of Entergy Gulf States' Interruptible Service Rider to Approve Buy-Through Option During Periods of Interruption Notice is given to the public of the filing with the Public Utility Commission of Texas on June 29, 1998, of an application for modification of Entergy Gulf States' Interruptible Service (IS) Rider. A summary of the application follows. Docket Title and Number: Application of North Star Steel Texas, Inc., for Modification of Entergy Gulf States' IS Rider to Approve Buy-Through Option During Periods of Interruption, Docket Number 19651, before the Public Utility Commission of Texas. Applicant requests the commission to modify Entergy Gulf States' IS Rider by (1) providing a buy-through option whenever, due to insufficient generating capacity of its own or unreasonable price for purchased electricity, EGS interrupts the delivery of energy, but has sufficient transmission capacity to deliver energy from an alternate supplier designated by the customer; and (2) providing that transmission service for such purchases during such periods shall be under terms and conditions comparable to those under which EGS provides transmission services to itself. 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 September 11, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9812375 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: August 5, 1998 Notices of Applications 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 July 27, 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 ITC DeltaCom Communications, Inc., d/b/a ITC DeltaCom for a Service Provider Certificate of Operating Authority, Docket Number 19660 before the Public Utility Commission of Texas. Applicant intends to provide resale and facilities-based local exchange services. Applicant's requested SPCOA geographic area includes the entire state of Texas currently served by GTE Southwest, Inc., and Southwestern Bell Telephone Company. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than August 19, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9812078 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 31, 1998 Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on July 28, 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 Local Phone Service, Inc., for a Service Provider Certificate of Operating Authority, Docket Number 19663 before the Public Utility Commission of Texas. Applicant intends to provide resold telecommunications services. Applicant intends to make available the following services in addition to basic line: Caller ID, call return, call blocker, automatic redial, conference calling, call forwarding, selective call forwarding, priority call, speed call, call waiting, personalized ring, preferred number service, voice response dialing, voice mail, call forwarding, busy-line don't answer, directory listing nonpublished listing, and toll restriction. Applicant's requested SPCOA geographic area includes the entire state of Texas currently served by Southwestern Bell Telephone Company. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than August 19, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9812079 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 31, 1998 Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on July 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 JATO Communications Corp. for a Service Provider Certificate of Operating Authority, Docket Number 19665 before the Public Utility Commission of Texas. Applicant intends to provide facilities-based and resold local exchange telecommunications services to business and residential customers. Exchange services may include, but not necessarily be limited to local exchange access services to single-line and multi-line customers, local exchange service to customers of Applicant's end user access line services, and dedicated and special carrier access services to other common carriers. Applicant's requested SPCOA geographic area includes the entire state of Texas. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than August 19, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9812080 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 31, 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 M.D. Anderson in Houston, Texas. Tariff Title and Number: Southwestern Bell Telephone Company Notice of Intent to File an Application for a New PLEXAR-Custom Service for M.D. Anderson in Houston, Texas Pursuant to P.U.C. Substantive Rule sec.23.27. Tariff Control Number 19648. The Application: Southwestern Bell Telephone Company is requesting approval for a new PLEXAR-Custom service for M.D. Anderson in Houston, 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 Houston 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-9812074 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 31, 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 an addition to the existing PLEXAR-Custom service for Tomball Independent School District (ISD) in Tomball, Texas. Tariff Title and Number: Southwestern Bell Telephone Company Notice of Intent to File an Application for an Addition to the Existing PLEXAR-Custom Service for Tomball ISD in Tomball, Texas Pursuant to P.U.C. Substantive Rule sec.23.27. Tariff Control Number 19653. The Application: Southwestern Bell Telephone Company is requesting approval for an addition to the existing PLEXAR-Custom service for Tomball ISD in Tomball, 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 Tomball 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-9812076 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 31, 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 an addition to the existing PLEXAR-Custom service for Fort Worth Independent School District (ISD) in Fort Worth, Texas. Tariff Title and Number: Southwestern Bell Telephone Company Notice of Intent to File an Application for an Addition to the Existing PLEXAR-Custom Service for Fort Worth ISD in Fort Worth, Texas Pursuant to P.U.C. Substantive Rule sec.23.27. Tariff Control Number 19654. The Application: Southwestern Bell Telephone Company is requesting approval for an addition to the existing PLEXAR-Custom service for Fort Worth ISD in Fort Worth, 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 Fort Worth 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-9812077 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 31, 1998 Public Notice of Amendment to Interconnection Agreement On July 24, 1998, Southwestern Bell Telephone Company and Time Warner Telecom of Texas, L.P., collectively referred to as applicants, filed a joint application for approval of a supplement to existing interconnection agreements under sec.252(i) of the federal Telecommunications Act of 1996, Public Law Number 104- 104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated sec.sec.11.001 - 63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 19649. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas. The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties. The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the appendix to the interconnection agreements. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 19649. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by August 26, 1998, and shall include: 1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests; 2) specific allegations that the agreement, or some portion thereof: a) discriminates against a telecommunications carrier that is not a party to the agreement; or b) is not consistent with the public interest, convenience, and necessity; or c) is not consistent with other requirements of state law; and 3) the specific facts upon which the allegations are based. After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule sec.22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing. Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 19649. TRD-9812340 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: August 4, 1998 Public Notices Of Interconnection Agreements On July 24, 1998, OpTel Telecom, Inc. and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under sec.252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated sec.sec.11.001 - 63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 19650. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas. The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties. The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 19650. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by August 26, 1998, and shall include: 1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests; 2) specific allegations that the agreement, or some portion thereof: a) discriminates against a telecommunications carrier that is not a party to the agreement; or b) is not consistent with the public interest, convenience, and necessity; or c) is not consistent with other requirements of state law; and 3) the specific facts upon which the allegations are based. After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule sec.22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing. Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 19650. TRD-9812334 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: August 4, 1998 On July 28, 1998, Nortex Telecom, L.L.C. and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under sec.252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated sec.sec.11.001 - 63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 19662. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas. The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties. The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 19662. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by August 26, 1998, and shall include: 1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests; 2) specific allegations that the agreement, or some portion thereof: a) discriminates against a telecommunications carrier that is not a party to the agreement; or b) is not consistent with the public interest, convenience, and necessity; or c) is not consistent with other requirements of state law; and 3) the specific facts upon which the allegations are based. After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule sec.22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing. Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 19662. TRD-9812335 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: August 4, 1998 On July 30, 1998, Ameritech Communications International, Inc. and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under sec.252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated sec.sec.11.001 - 63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 19671. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas. The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties. The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 19671. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by August 26, 1998, and shall include: 1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests; 2) specific allegations that the agreement, or some portion thereof: a) discriminates against a telecommunications carrier that is not a party to the agreement; or b) is not consistent with the public interest, convenience, and necessity; or c) is not consistent with other requirements of state law; and 3) the specific facts upon which the allegations are based. After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule sec.22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing. Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 19671. TRD-9812336 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: August 4, 1998 Research and Oversight Council on Workers' Compensation Proposed FY 1999 and FY 2000 Research Agendas FY 1999 1. Texas Monitor Quarterly report of the Research and Oversight Council (ROC) including three original articles: An analysis of the possible effects of last session's legislation extending maximum medical improvement for injured workers receiving spinal surgery. A survey of workers and employers to investigate the frequency of employer salary continuation after a work related injury (Phase I of II - Phase II completed in FY 2000). A description of the types of reimbursements made from the subsequent injury fund, with an analysis of the frequency of reimbursements to the carrier that are due to overturned interlocutory orders. 2. ROC 1999 Texas Workers' Compensation Annual Report (Part I of II) 3. ROC 1999 Texas Workers' Compensation Annual Report (Part II of II) 4. Adequacy of the 15% SIBs entitlement threshold. 5. Examination of impairment rating disputes and the reliability of the AMA Guides (Phase I of III -- Phase II and III to be completed in FY 2000). 6. Analysis of the Texas medical dispute resolution system. 7. 401 Week Limitation on Income Replacement Benefits 8. Analysis of Medical Treatment Guidelines (Phase I of II -- Phase II to be completed in FY 2000). 9. The role of the Fund in the Texas Workers' Compensation system: (Part I) An analysis of the Fund's market share over time. FY 2000 1. Texas Monitor - Quarterly report of the Research and Oversight Council including three original articles: An analysis of the frequency and outcomes of injured worker requests for change of treating doctor over time. An investigation of the impact of salary continuation on the employers' report of injury to the insurance carrier (Phase II of II -- Phase I completed in FY 1999). A description of the services provided by the Texas Rehabilitation Commission (TRC) to injured workers. 2. ROC 2000 Annual Report 3. Adequacy of Workers' Compensation information (Phase I of II -- Phase II to be completed in FY 2001) 4. Quality of care and return to work outcomes by provider type (Phase I of II - - Phase II to be completed in FY 2001). 5. Factors associated with the application of the AMA Guides (Phase II -- Phase I completed in FY 1999). 6. Cost and duration of impairment ratings and MMI disputes (Phase III -- Phase I completed in FY 1999, Phase II completed in FY 2000). 7. Gaps between workers' compensation coverage and other disability benefits. 8. Analysis of the effectiveness of the TWC Medical Treatment Guidelines in reducing costs/disputes/treatment utilization (Phase II -- Phase I completed in FY 1999). TRD-9812292 Scott McAnally Executive Director Research and Oversight Council on Workers' Compensation Filed: August 3, 1998 South East Texas Regional Planning Commission Request for Proposal Socio-Economic/Demographic Factors The South East Texas Regional Planning Commission Metropolitan Planning Organization (SETRPC-MPO) is soliciting written proposals from firms for the collection of information relating to base year 1997 Socio-Economic/Demographic Factors within the Jefferson-Orange-Hardin Regional Transportation Study (JOHRTS) area for use in updating the JOHRTS Metropolitan Transportation Plan- 2025 (MTP-2025). The proposed scope of work entails development of a socio economic database that would address travel demand modeling requirements, be adequate for use in updating the JOHRTS MTP 2025 and provide sufficient basis for transportation air quality conformity analysis. The scope of work also requires the development of a proposed work program for maintaining the database in the future. Data will be provided for each serial zone. There are 691 serial zones (traffic analysis zone) in the JOHRTS area. The following data is required as input for base year (1997) and forecast years (2007, 2017, 2021, and 2025) Data needs: A. Population-Describe methodology for collecting data, geographically locating population and forecasting the distribution of future population changes among serial zones. Describe the methodology to be used to quantify 1997 population and quantify future population distribution at the serial zone level. Identify a proposed span of time used to review migration patterns in the JOHRTS area considering fluctuations resulting from the area's petrochemical employment base. B. Households-Describe methodology for collecting data for all occupied dwelling units, including houses, individually occupied apartments and duplexes, the number of persons residing in each dwelling unit and the estimated number of vehicles available for daily travel. Describe methodology for identifying existing household distribution by serial zone and forecasting the distribution of future households among serial zones. Describe proposed methodology for collecting permit information regarding new starts and demolitions. Propose methodology for determining persons per household and vehicles per household available for daily travel. C. Median Household Income-Describe methodology for identifying median household income representative of each serial zone. D. Employment-Three categories of employment based on Standard Industrial Classification (SIC) employment code definitions shall be used: basic, retail and service. Final employment by serial zone must be combined into the three categories using SIC code ranges. E. Special Generators-Special generators are land uses, retail, basic or service employers or other attractions that exhibit unique trip generating characteristics. Special generators should include military bases, hospitals, airports, universities, high schools and traffic generating acreage containing no employment, such as parks. Describe special generator data to be collected, methodology for collecting information, processing and interpreting data, geocoding special generator information, documentation and reporting of special generator information, potential for land use changes and potential future special generator forecasts. Describe methodolgy for evaulating the qualifications of potential special generator(s) and describe methodology for accounting for them as distinct from total employment. F. Maintenance Plan-The conultant shall develop a proposed work program for implementing an ongoing and coordinated system for continuous monitoring, maintenance and update of the socio-economic/demographic database resulting from the data collection effort. In the course of preparing a proposed work program, the consultant shall identify staff resources and qualifications that would be required for implementation of the proposed work program. Unique collection schedules and interpretive methodology should be identified, preserved for future use, consistently applied to retrieving similar data in the future and contribute to yielding consistent interpretations of data. End product will include data collection methodology, forecasting methodology, deviation of control totals, results, and a proposed work program for maintaining the database in the future. Contact: Bob Dickinson, Director, 9-1-1, Air Quality and Transportation Programs, South East Texas Regional Planning Commission, at (409) 724-1911, 3501 Turtle Creek Drive, Port Arthur, Texas 77642. Closing Dates: Letters of interest must be received by mail at the above address or by fax at (409) 724-6295 by 4:00 p.m. CST Tuesday, August 25, 1998. Once a letter of interest is received a Request for Proposal package will be mailed to the requesting party. Final proposals will be due by 12 noon CST on Tuesday, September 15, 1998. Proposals will be reveiwed by a technical subcommittee based on Consultant Selection Criteria included in the Request for Proposal package mailed to interested parties. TRD-9812381 Don Kelly Executive Director South East Texas Regional Planning Commission Filed: August 5, 1998 The University of Texas System Request for Information (RFI) The University of Texas System (U.T. System) requests information from firms interested in providing Financial Advisory Services to the U. T. System and its component institutions in the structuring and analysis of an interest rate swap. Description. The U. T. System is comprised of six health institutions and nine academic institutions located in eleven cities in Texas. Public, tax-exempt debt is issued under authority granted in Chapter 55, Texas Education Code and Vernon's Ann. Tex. Civ. St. Articles 717k and 717q, and other applicable laws which authorize the U. T. System to issue revenue bonds for capital improvements. The U. T. System utilizes a revenue bond program that offers a combined pledge of all legally available revenues with certain exceptions (the Revenue Financing System "RFS"). The U.T. System is considering a financing plan to issue variable rate debt through the existing commercial paper program or through a separate series of variable rate demand notes for the purpose of refunding a portion of the Revenue Financing System Bonds, Series 1991A and 1991B and simultaneously enter into a floating to fixed rate swap in connection with the refunding. The U.T. System is requesting information from firms to serve in a Financial Advisory role on the transaction. The successful respondent will be expected to provide the following services: (1) advise and assist in the structuring of the interest rate swap and the transaction as a whole, (2) assist in the preparation of transaction documents pertinent to the structuring of the interest rate swap and the drafting of a Request for Bids, (3) distribute the final Request for Bids to qualified swap providers and review the submitted bids, (4) advise as to the most advantageous bid or bids to award. Responses. Responses to this RFI should be limited to and will be evaluated based on the following information: (1) Experience of Firm. A brief description of the firm and its swap and derivatives capabilities and experience. Include a list of the most recent governmental swap transactions with contacts and phone numbers for each client. (2) Qualifications of Personnel. The names and brief resume of the person(s) who will be working with the U.T. System on the transaction. (3) Costs. A quote of the proposed fee for the scope of services detailed in this RFI. Deadline for Submission of Response. The U.T. System reserves the right to reject all responses to this RFI. The System will not be responsible for any costs incurred in the preparation and delivery of responses to this RFI. No joint responses to the RFI will be accepted. Any questions or comments should be directed to Pam Clayton at (512) 499-4334. All responses must be received by the U. T. System not later than 10:00 a.m., September 4, 1998. Responses received after such time will not be considered. The responses may be sent as follows: E-Mail: PClayton@UTSystem.edu Facsimile: (512) 499-4367 U.S. Postal Mail: Pamela K. Clayton Assistant Vice Chancellor for Finance The University of Texas System Ashbel Smith Hall - 2nd Floor 201 West 7th Street Austin, Texas 78701 Thank you for your interest in responding to the U.T. System RFI for Swap Financial Advisory services in connection with the upcoming interest rate swap. TRD-9812404 Francie A. Frederick Executive Secretary to the Board of Regents The University of Texas System Filed: August 5, 1998 Texas Water Development Board Applications Received Pursuant to the Texas Water Code, sec.6.195, the Texas Water Development Board provides notice of the following applications received by the Board: Turner Collie & Braden, Inc. 400 West 15th Street, Suite 500, Austin, Texas, 78701, received July 2, 1998, application for grant assistance in the amount of $59,761 from the Research and Planning Fund. Texas A&M University, The Agriculture Program, College Station, Texas, 77843- 2147, received July 3, 1998, application for grant assistance in the amount of $59,374.50 from the Research and Planning Fund. Resource Economics, Inc. 701 Brazos, Austin, Texas, 78701, received July 2, 1998, application for grant assistance in the amount of $46,107 from the Research and Planning Fund. San Antonio Water System, 1001 East Market Street, San Antonio, Texas, 78298- 2449, received July 3, 1998, application for grant assistance in the amount of $28,040 from the Research and Planning Fund. Texas Agricultural Experiment Station, Texas A&M University System, College Station, Texas, 77843-217, received July 3, 1998, application for grant assistance in the amount of $51,950 from the Research and Planning Fund. Edwin R. Warren, Policy Consulting, 7600 Chevy Chase Drive, Suite 500, Austin, Texas, 78752, received July 3, 1998, application for grant assistance in the amount of $65,000 from the Research and Planning Fund. Resource Economics, Inc. 701 Brazos, Austin, Texas, 78701, received July 2, 1998, application for grant assistance in the amount of $40,134 from the Research and Planning Fund. LBG-Guyton Associates, 1101 South Capital of Texas Highway, Austin, Texas, 78746, received July 3, 1998, application for grant assistance in the amount of $102,997.50 from the Research and Planning Fund. Booth, Ahrens & Werkenthin, P.C., 515 Congress Avenue, Suite 1515, Austin, Texas, 78701, received July 3, 1998, application for grant assistance in the amount of $57,000 from the Research and Planning Fund. The University of Texas at Austin, Mail Building 390, Austin, Texas, 78712, received July 3, 1998, application for grant assistance in the amount of $73,285 from the Research and Planning Fund. Edwin R. Warren, Policy Consulting, 7600 Chevy Chase Drive, Suite 500, Austin, Texas, 78752, received July 3, 1998, application for grant assistance in the amount of $45,000 from the Research and Planning Fund. Texas Tech University, Research Services, Box 41035, Lubbock, Texas, 79409-1035, received July 3, 1998, application for grant assistance in the amount of $74,422 from the Research and Planning Fund. University of Texas at El Paso, 500 West University, El Paso, Texas, 79968, received July 2, 1998, application for grant assistance in the amount of $49,029 from the Research and Planning Fund. Nueces River Authority, Coastal Bend Division, 6300 Ocean Drive, NRC 3100, Corpus Christi, Texas, 78412, received July 2, 1998, application for grant assistance in the amount of $55,100 from the Research and Planning Fund. Texas Agricultural Experiment Station, Mail Stop 2142, 113 Administration Building, College Station, Texas, 77843, received July 3, 1998, application for grant assistance in the amount of $158,564 from the Research and Planning Fund. San Antonio Water System, 1001 East Market Street, San Antonio, Texas, 78298- 2449, received July 3, 1998, application for grant assistance in the amount of $27,000 from the Research and Planning Fund. Texas A&M University System, Texas Agricultural Experiment Station, College Station, Texas, 77843-2142, received July 3, 1998, application for grant assistance in the amount of $90,163 from the Research and Planning Fund. Texas Tech University, Research Services, Box 41035, Lubbock, Texas, 79409-1035, received July 3, 1998, application for grant assistance in the amount of $70,018 from the Research and Planning Fund. Texas A&M University System, Texas Agricultural Experiment Station, College Station, Texas, 77843-2142, received July 3, 1998, application for grant assistance in the amount of $125,574 from the Research and Planning Fund. Texas A&M University System, Department of Rangeland Ecology & Management, College Station, Texas, 77843-2126, received July 3, 1998, application for grant assistance in the amount of $646,906 from the Research and Planning Fund. Reed-Stowe & Company, Inc. 1651 North Collins Blvd., Suite 115, Richardson, Texas, 75080-3658, received July 2, 1998, application for grant assistance in the amount of $67,450 from the Research and Planning Fund. Texas A&M University System, The Agricultural Program, College Station, Texas, 77843-2142, received July 3, 1998, application for grant assistance in the amount of $30,220 from the Research and Planning Fund. Resource Economics, Inc. 701 Brazos, Austin, Texas, 78701, received July 2, 1998, application for grant assistance in the amount of $32,211 from the Research and Planning Fund. Edwin R. Warren, Policy Consulting, 7600 Chevy Chase Drive, Suite 500, Austin, Texas, 78752, received July 3, 1998, application for grant assistance in the amount of $31,000 from the Research and Planning Fund. Dr. Teofilo Ozuna, Jr., Strategic Analysis, 1803 Southwood Drive, College Station, Texas, 77840, received July 3, 1998, application for grant assistance in the amount of $85,217 from the Research and Planning Fund. Envirotrans Solutions, Inc., P.O. Box 15687, Austin, Texas, 78761, received July 3, 1998, application for grant assistance in the amount of $47,518 from the Research and Planning Fund. University of Texas of Austin, Bureau of Economic Geology, Box 7726, University Station, Austin, Texas, 78713, received June 30, 1998, application for grant assistance in the amount of $77,842 from the Research and Planning Fund. University of Houston, Office of Grants and Contracts, 4800 Calhoun, Houston, Texas, 77204-2163, received July 2, 1998, application for grant assistance in the amount of $90,174 from the Research and Planning Fund. Dr. R. N. Singh, Interim Dean for Graduate Studies and Research, Business Administration Bldg., Room 142, P.O. Box 3011, Commerce, Texas, 75529-3011, received July 3, 1998, application for grant assistance in the amount of $56,850.23 from the Research and Planning Fund. San Antonio Water System, 1001 East Market Street, San Antonio, Texas, 78298- 2449, received July 3, 1998, application for grant assistance in the amount of $65,000 from the Research and Planning Fund. Comal County Fresh Water Supply District No., P.O. Box 97, Spring Branch, Texas, 78070, received June 16, 1998, application for financial assistance in the amount of $1,350,000 from the Drinking Water State Water Pollution Control Revolving Fund. Windmill Water Supply Corporation, HCR 77, P.O. Box 3876, Uvalde, Texas, 78801, received May 4, 1998, application for grant/loan assistance in the amount of $2,532,617 from the Economically Distressed Areas Program of the Texas Water Development Fund. City of Abbott, 311 East Walnut, Abbott, Texas, 76621, received May 26, 1998, application for financial assistance in the amount of $120,000 from the Water Quality Enhancement Account of the Texas Water Development Fund. Additional information concerning this matter may be obtained from Craig D. Pedersen, Executive Administrator, P.O. Box 13231, Austin, Texas, 78711. TRD-9812394 Gail L. Allan Director, Project-Related Legal Services Texas Water Development Board Filed: August 5, 1998 Correction of Error The Texas Water Development Board proposed amendments to sec.363.502 and sec.363.505. The rules appeared in the July 31, 1997, issue of the Texas Register, (22 TexReg 7722). The part was omitted, it should read "Part X. Texas Water Development Board". Texas Workforce Commission Request For Proposals Notice of Request For Proposals by the Texas Workforce Commission for a TEXAS LABOR MARKET HEALTH INDEX: General: The Labor Market Information (LMI) department of Texas Workforce Commission invites proposals for the purpose of developing a Texas Labor Market Health Index starting October 1, 1998 or date of award whichever comes later and ending January 29, 1999. The amount to be awarded will be up to $50,000. All written proposals must be received at the LMI office at the address below no later than the close of business at 5:00 p.m. CDT on September 18, 1998. For a complete Request for Proposal please contact: Christopher J. Sesler, Economist, Labor Market Information (LMI) Department, 9001 N. IH-35, Suite 103A.2, Austin, Texas 78758, telephone (512) 491-4814, fax (512) 491-4904, (e- mail), csesler@twc.state.tx.us Project Summary: LMI requests the submission of proposals for a Texas Labor Market Health Index that quantifies the current healthfulness of the Texas labor market. Overall, the intent of the research is to develop and document a practical methodology to be used by the LMI department in an ongoing, routine production of a Texas Labor Market Health Index. Proposal Submission: Two copies of each proposal should be submitted. All proposals submitted should contain information covering (I) Cover Page, (II) Statement of Work, (III) Calendar, and (IV) Costs. Final Report: The successful party shall submit a Final Report to LMI, including finding and recommendations regarding: theoretical exposition of the composition of the Index number as well as interpretation of the Index number; a clear description of the methods used to construct the Index number; historical testing of the Index; comparison of the historical testing of the Index against other economic indicators and indices; a summarization of background research and related documentation, included annotated bibliography; and caveats (if any) of the methodology, interpretation, and future usability of the Index. Evaluation Criteria and Terms: Award of contract will be made based on the analysis of proposals. The party awarded this contract may anticipate an initial payment to cover start-up costs and periodic payments thereafter upon submission of progress reports documenting the percentage of project completion. Final payment will be withheld pending satisfactory completion of all obligations under terms of the contract awarded. The initial payment will consist of 40 percent of the award amount. Successful progress reports submitted on November 2, 1998 and December 1, 1998 will each receive payments of 20 percent of the award amount. The final payment will consist of 20 percent of the award amount. TRD-9812028 J. Randel (Jerry) Hill General Counsel Texas Workforce Commission Filed: July 30, 1998