TITLE in-addition

Texas Department of Agriculture

Request for Proposals - Urban Schools Grant Program

Pursuant to the Texas Agriculture Code, §§46.001-46.005 and 4 Texas Administrative Code §§1.800 - 1.804, relating to agricultural projects in certain urban schools, the Texas Department of Agriculture (the department) hereby requests proposals for demonstration agricultural projects for the period of December 1, 2000, through November 30, 2001, in certain Texas urban school districts. A total amount of up to $2,500 may be awarded to an eligible elementary school in a school year and only one grant per urban school district may be awarded.

Eligibility. Proposals must be submitted by a Texas public elementary school from an urban school district with an enrollment of at least 49,000 students.

Proposal Requirements. Each proposal must include the following: a description of the proposed project; a schedule of projected costs for the project; and a statement of the educational benefits of the project, including how the project will improve the students' understanding of agriculture. The entire proposal may not exceed six pages, including cover letter and attachments. Please send one original with ten additional copies.

All approved projects must be completed by November 30, 2001. Upon completion of the project, a project summary of the educational results of the project and photographs to document such results will be due within four weeks. All awards will be subject to audit and periodic reporting requirements.

Proposals should be submitted to: Carol Funderburgh, Texas Department of Agriculture, 1700 North Congress Avenue, 9th Floor, Austin, Texas 78701. Ms. Funderburgh may be contacted by telephone at (512) 463-8536 or by fax at (512) 463-8170, for additional information about preparing the proposal. Proposals must be received by the department no later than 5:00 p.m. Central Standard Time, October 2, 2000.

All proposals will be evaluated by community group panels appointed by the Commissioner of the Texas Department of Agriculture. These panels shall consist of representatives from the following: the urban school district submitting the request, the Texas Department of Agriculture, livestock industry, specialty crop industry, row crop industry, horticulture industry, and the Texas Agricultural Extension Service. Proposals will be evaluated based on the requirements set forth above. The announcement of the grant awards will be made by November 1, 2000.

TRD-200005146

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Filed: July 26, 2000


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 6, 2000, through July 13, 2000:

FEDERAL AGENCY ACTIONS:

Applicant: Prolithic Energy; Location: The site is located in State Tract 175 in East Galveston Bay, Galveston County, Texas. Approximate UTM coordinates of the well in State Tract 175. Zone 15; Easting: 347,053.14; Northing: 3,267,650.30; CCC Project No: 00-0251-F1; Description of Proposed Action: The applicant proposes to construct a 6-inch flowline from the well in State Tract 175, under Oil Field Development Permit 20104(01). Type of Applicant: U.S.A.C.E. permit application #20104(01)/005 under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403).

Applicant: Prolithic Energy; Location: The site is located in State Tract 272 in East Galveston Bay, Galveston County, Texas. Approximate UTM coordinates of the well in State Tract 233. Zone 15; Easting: 331,879.89; Northing: 3,261,941.90; CCC Project No: 00-0252-F1; Description of Proposed Action: The applicant proposes to amend Department of the Army Permit 21822 to construct a 10-inch flowline from the well in State Tract 233 to an existing flowline in State Tract 272. Type of Applicant: U.S.A.C.E. permit application #21822(01) under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403).

Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Coastal Coordination Council for review. Further information for the applications listed above may be obtained from Ms. Janet Fatheree, Council Secretary, Coastal Coordination Council, 1700 North Congress Avenue, Room 617, Austin, Texas 78701-1495, or janet.fatheree@glo.state.tx.us. Persons are encouraged to submit written comments as soon as possible within 30 days of publication of this notice. Comments should be sent to Ms. Fatheree at the above address or by fax at 512/475-0680.

TRD-200005159

Larry R. Soward

Chief Clerk, General Land Office

Coastal Coordination Council

Filed: July 26, 2000


Comptroller of Public Accounts

Notice of Amendment to Existing Consultant Contract

In accordance with the provisions of Chapter 2254, Subchapter B, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces this notice of an existing consultant contract amendment.

The amendment extends the term of the consulting services agreement from July 31, 2000 to August 31, 2000. Written reports under the amended contract are due by August 31, 2000. The dollar value of the contract remains under $15,000.00.

The consulting services sought by the Comptroller under this amendment relate to consulting services on the state's Temporary Assistance to Needy Families and Welfare to Work programs that are being provided under the existing consulting services agreement by Chassman Barnhart Consulting, Inc. This serves as notice that the Comptroller has amended Chassman Barnhart Consulting Inc.'s consulting services agreement.

TRD-200005156

Pamela Ponder

Deputy General Counsel, Contracts Section

Comptroller of Public Accounts

Filed: July 26, 2000


Notice of Request for Proposals

Notice of Request for Proposals: Pursuant to Chapter 2254, Subchapter B, Texas Government Code, and Section 403.020, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces the issuance of its Request for Proposals (RFP) from qualified, independent firms to provide consulting services to the Comptroller. The successful respondent will assist the Comptroller in conducting a management and performance review of the North Forest Independent School District (North Forest ISD). The services sought under this RFP will culminate in a final report, which shall contain findings, recommendations, implementation timelines, plans, and be a component part of the review. The successful respondent will be expected to begin performance of the contract on or about October 2, 2000.

Contact: Parties interested in submitting a proposal should contact Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., ROOM G-24, Austin, Texas, 78744, telephone number: (512) 305-8673, to obtain a copy of the RFP. The Comptroller will mail copies of the RFP only to those specifically requesting a copy. The RFP was made available for pick-up at the above-referenced address on Friday, August 4, 2000, between 2 p.m. and 5 p.m., Central Zone Time (CZT), and during normal business hours thereafter. The Comptroller also made the complete RFP available electronically on the Texas Marketplace after Friday, August 4, 2000, 2 p.m. (CZT). All written inquiries, questions, and mandatory Letters of Intent to propose must be received at the above-referenced address prior to 2 p.m. (CZT) on Monday, August 21, 2000. Prospective respondents are encouraged to fax Letters of Intent and Questions to (512) 475-0973 to ensure timely receipt! . The Letter of Intent must be addressed to Clay Harris, Assistant General Counsel, Contracts, and must contain the information as stated in the corresponding Section of the RFP and be signed by an official of that entity. Mandatory Letters of Intent and Questions received after this time and date will not be considered. The responses to questions and other information pertaining to this procurement will be posted on Friday, August 25, 2000, on the Texas Marketplace http://www.marketplace.state.tx.us.

Closing Date: Proposals must be received in Assistant General Counsel's Office at the address specified above (ROOM G-24) no later than 2 p.m. (CZT), on Tuesday, September 12, 2000. Proposals received after this time and date will not be considered.

Evaluation and Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria and procedures set forth in the RFP. The Comptroller will make the final decision.

The Comptroller reserves the right to accept or reject any or all proposals submitted. The Comptroller of Public Accounts is under no legal or other obligation to execute a contract on the basis of this notice or the distribution of any RFP. The Comptroller shall pay for no costs incurred by any entity in responding to this Notice or the RFP.

The anticipated schedule of events is as follows: Issuance of RFP - August 4, 2000, 2 p.m. CZT; Mandatory Letters of Intent and Questions Due - August 21, 2000, 2 p.m. CZT; Responses to Questions - August 25, 2000; Proposals Due - September 12, 2000, 2 p.m. CZT; Contract Execution - September 28, 2000, or as soon thereafter as practical; Commencement of Project Activities - October 2, 2000.

TRD-200005153

Pamela Ponder

Deputy General Counsel, Contracts Section

Comptroller of Public Accounts

Filed: July 26, 2000


Notice of Request for Proposals

Notice of Request for Proposals: Pursuant to Chapter 2254, Subchapter B, Texas Government Code, and Section 403.020, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces the issuance of its Request for Proposals (RFP) from qualified, independent firms to provide consulting services to the Comptroller. The successful respondent will assist the Comptroller in conducting management and performance reviews of one or all of the following independent school districts (ISDs): Eagle Pass, Crystal City, and La Pryor. The Comptroller reserves the discretion to award one or more contracts for a review of one or all of the districts under this RFP. The services sought under this RFP will culminate in final reports, which shall contain findings, recommendations, implementation timelines, plans, and be a component part of the review of each district involved. The successful respondent will be expected to begin performance of the contract on or about October 2, 2000.

Contact: Parties interested in submitting a proposal should contact Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., ROOM G-24, Austin, Texas, 78744, telephone number: (512) 305-8673, to obtain a copy of the RFP. The Comptroller will mail copies of the RFP only to those specifically requesting a copy. The RFP was made available for pick-up at the above-referenced address on Friday, August 4, 2000, between 2 p.m. and 5 p.m., Central Zone Time (CZT), and during normal business hours thereafter. The Comptroller also made the complete RFP available electronically on the Texas Marketplace after Friday, August 4, 2000, 2 p.m. (CZT). All written inquiries, questions, and mandatory Letters of Intent to propose must be received at the above-referenced address prior to 2 p.m. (CZT) on Monday, August 21, 2000. Prospective respondents are encouraged to fax Letters of Intent and Questions to (512) 475-0973 to ensure timely receipt! . The Letter of Intent must be addressed to Clay Harris, Assistant General Counsel, Contracts, and must contain the information as stated in the corresponding Section of the RFP and be signed by an official of that entity. Mandatory Letters of Intent and Questions received after this time and date will not be considered. The responses to questions and other information pertaining to this procurement will be posted on Friday, August 25, 2000, on the Texas Marketplace http://www.marketplace.state.tx.us.

Closing Date: Proposals must be received in Assistant General Counsel's Office at the address specified above (ROOM G-24) no later than 2 p.m. (CZT), on Tuesday, September 12, 2000. Proposals received after this time and date will not be considered.

Evaluation and Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria and procedures set forth in the RFP. The Comptroller will make the final decision.

The Comptroller reserves the right to accept or reject any or all proposals submitted. The Comptroller of Public Accounts is under no legal or other obligation to execute a contract on the basis of this notice or the distribution of any RFP. The Comptroller shall pay for no costs incurred by any entity in responding to this Notice or the RFP.

The anticipated schedule of events is as follows: Issuance of RFP - August 4, 2000, 2 p.m. CZT; Mandatory Letters of Intent and Questions Due - August 21, 2000, 2 p.m. CZT; Responses to Questions - August 25, 2000; Proposals Due - September 12, 2000, 2 p.m. CZT; Contract Execution - September 28, 2000, or as soon thereafter as practical; Commencement of Project Activities - October 2, 2000.

TRD-200005154

Pamela Ponder

Deputy General Counsel, Contracts Section

Comptroller of Public Accounts

Filed: July 26, 2000


Notice of Request for Proposals

Notice of Request for Proposals: Pursuant to Chapter 2254, Subchapter B, Texas Government Code, and Section 403.020, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces the issuance of its Request for Proposals (RFP) from qualified, independent firms to provide consulting services to the Comptroller. The successful respondent will assist the Comptroller in conducting a management and performance review of the Conroe Independent School District (Conroe ISD). The services sought under this RFP will culminate in a final report, which shall contain findings, recommendations, implementation timelines, plans, and be a component part of the review. The successful respondent will be expected to begin performance of the contract on or about October 2, 2000.

Contact: Parties interested in submitting a proposal should contact Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., ROOM G-24, Austin, Texas, 78744, telephone number: (512) 305-8673, to obtain a copy of the RFP. The Comptroller will mail copies of the RFP only to those specifically requesting a copy. The RFP was made available for pick-up at the above-referenced address on Friday, August 4, 2000, between 2 p.m. and 5 p.m., Central Zone Time (CZT), and during normal business hours thereafter. The Comptroller also made the complete RFP available electronically on the Texas Marketplace after Friday, August 4, 2000, 2 p.m. (CZT). All written inquiries, questions, and mandatory Letters of Intent to propose must be received at the above-referenced address prior to 2 p.m. (CZT) on Monday, August 21, 2000. Prospective respondents are encouraged to fax Letters of Intent and Questions to (512) 475-0973 to ensure timely receipt! . The Letter of Intent must be addressed to Clay Harris, Assistant General Counsel, Contracts, and must contain the information as stated in the corresponding Section of the RFP and be signed by an official of that entity. Mandatory Letters of Intent and Questions received after this time and date will not be considered. The responses to questions and other information pertaining to this procurement will be posted on Friday, August 25, 2000, on the Texas Marketplace http://www.marketplace.state.tx.us.

Closing Date: Proposals must be received in Assistant General Counsel's Office at the address specified above (ROOM G-24) no later than 2 p.m. (CZT), on Tuesday, September 12, 2000. Proposals received after this time and date will not be considered.

Evaluation and Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria and procedures set forth in the RFP. The Comptroller will make the final decision.

The Comptroller reserves the right to accept or reject any or all proposals submitted. The Comptroller of Public Accounts is under no legal or other obligation to execute a contract on the basis of this notice or the distribution of any RFP. The Comptroller shall pay for no costs incurred by any entity in responding to this Notice or the RFP.

The anticipated schedule of events is as follows: Issuance of RFP - August 4, 2000, 2 p.m. CZT; Mandatory Letters of Intent and Questions Due - August 21, 2000, 2 p.m. CZT; Responses to Questions - August 25, 2000; Proposals Due - September 12, 2000, 2 p.m. CZT; Contract Execution - September 28, 2000, or as soon thereafter as practical; Commencement of Project Activities - October 2, 2000.

TRD-200005155

Pamela Ponder

Deputy General Counsel, Contracts Section

Comptroller of Public Accounts

Filed: July 26, 2000


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Sections 303.003 and 303.009, Tex. Fin. Code.

The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the period of 07/31/00 - 08/06/00 is 18% for Consumer 1 /Agricultural/Commercial2 /credit thru $250,000.

The weekly ceiling as prescribed by Sections 303.003 and 303.09 for the period of 07/31/00 - 08/06/00 is 18% for Commercial over $250,000.

1 Credit for personal, family or household use.

2 Credit for business, commercial, investment or other similar purpose.

TRD-200005110

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: July 25, 2000


Edwards Aquifer Authority

Notice of Public Hearings

The Edwards Aquifer Authority will conduct public hearings to receive comments on proposed rules to be published in an upcoming issue of the Texas Register . Interested persons may submit written comments on the proposed rules. Comments must be submitted in writing to Brenda Davis, Docket Clerk, Edwards Aquifer Authority, P.O. Box 15830, 1615 N. St. Mary's St., San Antonio, Texas 78212-9030, within 30 days of the publication of the proposed notice in the Texas Register . The written comments should be filed on 8 1/2 x 11 inch paper and be typed or legibly written. Written comments must indicate whether the comments are generally directed at all of the proposed rules, or whether they are directed at specific proposed rules. If directed at specific proposed rules, the number of the proposed rule must be identified and followed by the comments thereon.

The dates of the public hearings are as follows:

Wednesday, August 9, 2000, 6:00 p.m., Conference Center, Edwards Aquifer Authority, 1615 N. St. Mary's San Antonio, Texas 78215, (210) 222-2204; Tuesday, August 15, 2000, 6:00 p.m., New Braunfels Civic Center, 380 S. Seguin Avenue New Braunfels, Texas 78130, (830) 625-2385; Thursday, August 17, 2000, 6:00 p.m., St. Paul's Lutheran Church, 1303 Avenue M Hondo, Texas 78861, (830) 426-3222; Tuesday, August 22, 2000, 6:00 p.m., Sgt. Willie DeLeon Civic Center, 300 E. Main Street Uvalde, Texas 78801, (830) 278-9922; Thursday, August 24, 2000, 6:00 p.m., San Marcos Activity Center, 501 E. Hopkins San Marcos, Texas 78666, (512) 393-8280.

TRD-200005122

Gregory M. Ellis

General Manager

Edwards Aquifer Authority

Filed: July 25, 2000


Golden Crescent Workforce Development Board

Public Notice

Request for Application: The Golden Crescent Workforce Development Board is seeking proposals for the provision of:

1) Workshops, educational programs, and assorted non-educational initiatives for youth

2) Transportation services for Workforce Center customers

3) Non-traditional child care services, i.e., handicapped or sick child care, non-traditional hours, etc.

4) Marketing campaign

5) Rapid Response vendors - to provide timely reemployment services for laid off workers.

The deadline for response to these procurements is 5 p.m., August 31, 2000. A complete set of specifications may be obtained at 2710 Airline, Victoria, Texas, Phone: (361) 576-5872, Fax: 573-0225, or Email: sandy.heiermann@twc.state.tx.us.

TRD-200005158

Elza dos Santos

Administrative Clerk

Golden Crescent Workforce Development Board

Filed: July 26, 2000


Governor's Office of Budget and Planning

Request for Proposals

Pursuant to Subchapter A, Sections 2254.001 et seq., Texas Government Code, the Governor's Office of Budget and Planning invites professionals with demonstrated competence and qualifications and documented expertise in the field of indirect cost recovery and cost allocation plans for governmental units to submit proposals to prepare and negotiate with the federal government, under the provisions of OMB Circular A-87, a cost allocation plan for the data processing services of the State Comptroller's Office for the fiscal year ending August 31, 2001. These services relate to consultant services that have been provided previously by the consulting firm of DMG/MAXIMUS. DMG/MAXIMUS is currently under contract with the State of Texas to prepare the primary consolidated statewide cost allocation plan for the fiscal year ending August 31, 2001. Unless a clearly superior proposal is received from a different proposer, the Governor's Office intends to award the contract for the FY2001 plan to DMG/MAXIMUS, subject to negotiation of a fair and reasonable price.

Proposers will be expected to develop a cost allocation plan for the State Comptrollers' data processing services that enables the state to recover the maximum indirect costs possible from federal programs. The contractor selected will be responsible for all aspects of the plan, including obtaining raw cost and statistical data, identifying allocable costs, preparing and submitting the plan, incorporating the data processing plan into the State of Texas' consolidated statewide cost allocation plan, and negotiating the final plan with the federal government for state agency use during the state fiscal year beginning September 1, 2000. Proposals must include a description of the system to be used to extract allowable costs from the State Comptroller's data processing system and for allocating such costs. Contractor may be required to prepare alternative allocation tables using different allocation bases to demonstrate maximum feasible recovery options.

As a component of the cost allocation plan, the contractor selected must also identify the costs of providing statewide data processing services to each state agency. This component must identify state agencies that use these services in carrying out their programs and the type and dollar amount of services used. The contractor selected will be responsible for all aspects of this component, including obtaining raw cost and statistical data and identifying allocable costs. Proposals must include a description of the system to be used to extract allowable costs for data processing services and for allocating such costs.

A complete set of the work papers used to prepare the plan must be kept and provided to the Governor's Office upon request. The contractor is required to provide 20 copies of the summary of fixed costs related to federal cost allocations from the completed plan and 20 copies of the summary of costs related to the allocation of data processing services costs to other state agencies from the completed plan. The contractor must also provide the summaries of fixed costs of the data processing services for the federal plan[s] in machine-readable form, preferably EXCEL, for posting on the Internet.

The Governor's Office of Budget and Planning will evaluate each proposal and reserves the right to reject any and all proposals. The state assumes no responsibility for expenses incurred in preparing responses to this solicitation. If selected, the contractor will be chosen on the basis of proposal content, the proposer's demonstrated experience, competence, knowledge and qualifications.

A copy of the FY1999 consolidated statewide cost allocation plan may be obtained by contacting Denise Francis, Governor's Office of Budget and Planning, P.O. Box 12428, Austin, Texas 78711 (telephone 512-305-9415).

All proposals must be received at the above address no later than 5:00 p.m., August 14, 2000.

TRD-200005150

Kevin Van Oort

Assistant General Counsel

Governor's Office of Budget and Planning

Filed: July 26, 2000


Texas Department of Health

Licensing Action for Radioactive Materials

The Texas Department of Health has taken actions regarding Licenses for the possession and use of radioactive materials as listed in the tables. The subheading "Location" indicates the city in which the radioactive material may be possessed and/or used. The location listing "Throughout Texas" indicates that the radioactive material may be used on a temporary basis at job sites throughout the state.

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In issuing new licenses and amending and renewing existing licenses, the Texas Department of Health, Bureau of Radiation Control, has determined that the applicants are qualified by reason of training and experience to use the material in question for the purposes requested in accordance with Title 25 Texas Administrative Code (TAC) Chapter 289 in such a manner as to minimize danger to public health and safety or property and the environment; the applicants' proposed equipment, facilities and procedures are adequate to minimize danger to public health and safety or property and the environment; the issuance of the license(s) will not be inimical to the health and safety of the public or the environment; and the applicants satisfy any applicable requirements of 25 TAC Chapter 289.

This notice affords the opportunity for a hearing on written request of a licensee, applicant, or "person affected" within 30 days of the date of publication of this notice. A "person affected" is defined as a person who is a resident of a county, or a county adjacent to the county, in which the radioactive materials are or will be located, including any person who is doing business or who has a legal interest in land in the county or adjacent county, and any local government in the county; and who can demonstrate that he has suffered or will suffer actual injury or economic damage. A licensee, applicant, or "person affected" may request a hearing by writing Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189. For information call (512) 834-6688.

TRD-200005144

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: July 26, 2000


Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation to Castle Dental Centers of Houston

Notice is hereby given that the Bureau of Radiation Control (bureau), Texas Department of Health (department), issued a notice of violation and proposal to assess an administrative penalty to Castle Dental Centers (registrant-R09023) of Houston. A total penalty of $4,000 is proposed to be assessed to the registrant for alleged violations of 25 Texas Administrative Code §§289.227 and 289.203.

A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200005143

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: July 26, 2000


Notice of Request for Proposals for Human Immunodeficiency Virus Prevention in Dallas, Texas

Introduction and Purpose

The Texas Department of Health (department) requests proposals to perform Human Immunodeficiency Virus (HIV) prevention activities among males and females who are at risk for HIV infection because of injecting drug use and/or other substance abuse behaviors in Dallas, Texas. These activities should be carried out in accordance with the Regional Action Plan for Public Health Region 3. The purpose of these funds is to provide culturally sensitive and appropriate HIV prevention outreach to the target population in order to prevent the infection and transmission of HIV. The project must provide Health Education and Risk Reduction (HERR) to the target groups, including, but not limited to, the following activities:

outreach to jails and substance abuse treatment facilities;

street and community outreach;

linkages to prevention counseling and partner elicitation;

linkages to early intervention and other HIV services;

linkages to substance abuse treatment;

linkages to HIV and pregnancy testing for high risk women; and

linkages to family planning, HIV services, prenatal care, substance abuse services and intimate partner violence intervention services.

Eligible Applicants

Eligible applicants include governmental, public or private entities located within Dallas County who deliver services to Dallas County residents. Applicants must have demonstrated ability to provide outreach and services to injecting drug users and substance abusers. 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.

Availability of Funds

Approximately $170,500 (annual) will be awarded to one entity on a competitive basis. The specific dollar amount to be awarded 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 from the Centers for Disease Control and Prevention. Award of these funds is contingent upon satisfactory completion of the grant application and the contract negotiation process. Continuation of funding is contingent upon satisfactory contract performance.

To Obtain the Request for Proposals

To obtain a copy of the Request for Proposals (RFP), see the website at http://www.tdh.state.tx.us/hivstd/grants.htm. You may also 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 August 18, 2000. Applications may be submitted to Ms. Laura Ramos, HIV/STD Health Resources Division, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3199 no later than 5:00 p.m., Central Daylight Saving Time, on October 6, 2000.

TRD-200005142

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: July 26, 2000


Texas Department of Housing and Community Affairs

Announcement of the Request for Proposals for the Development and Implementation of a Rental Housing Pilot Program to Expand Long-Term Care Options for Elderly Residents of Texas

Introduction

Section 2306.071 note, Texas Government Code, charges the Texas Department of Housing and Community Affairs ("TDHCA" or "the Department") with the development and implementation of a rental housing pilot program to expand long-term care options for elderly residents of Texas. The pilot program is to provide subsidized multifamily rental housing for elderly residents earning less than 80 percent of an area's median family income (AMFI). Additionally the pilot program shall coordinate services needed by low, very low, and extremely low income elderly Texans. "Elderly resident" means an individual 60 years of age or older.

The goal of service coordination is to enable residents of senior housing facilities to age in place longer and better by helping them obtain services they need and want, avoid premature placement in a nursing facility, and improve their quality of life. Service Coordination links elderly residents to community agencies and service providers, and monitors the ongoing provision of services from outside agencies.

The Texas Department of Housing and Community Affairs is seeking proposals from nonprofit organizations throughout the State of Texas to provide service coordination to elderly residents of affordable multifamily rental housing developments. Such nonprofit organizations may include units of local governments, faith-based organizations, Community Housing Development Organizations (CHDOs), Community Development Corporations (CDCs), Community Based Organizations (CBOs), and other nonprofit organizations with a proven interest in providing affordable housing opportunities and/or service coordination to elderly Texans. "Affordable multifamily rental developments" mean affordable multifamily rental developments funded in part by the Low Income Housing Tax Credit Program, the Housing Trust Fund, the HOME Investment Partnership Program, the Multifamily Bond Program, and/or any other local, state or federally funded multifamily housing development (e.g. Section 202, Section 515, Section 236, etc.).

Questions concerning this Request for Proposals may be directed in writing to TDHCA, attention John Garvin, Director, Office of Strategic Planning, P.O. Box 13941, Austin, Texas 78711-13941.

I. Proposal Content

A maximum of 100 points can be awarded to proposals submitted to TDHCA within the parameters of this Request for Proposals. Points will be awarded according to the content of each proposal according to the experience of the applicant and the services to be rendered to TDHCA, as itemized below:

A: Applicant Experience: (50 Points)

1. General Background: Please give a general description of your organization, to include the following:

a. History: Should include, but not be limited to, age of the organization, location of office, number of employees, organization's mission, etc.

b. Personnel: Provide the names, titles, brief resumes or statements of experience of the persons to be assigned any of the responsibility concerning this Proposal. Also indicate the duties assigned to each individual in providing service coordination activities for elderly residents and/or affordable housing opportunities.

c. Certifications: Please include as an attachment any relevant certifications held by your organization and/or staff with regard to long-term care service coordination and/or affordable housing activities.

d. Affiliations: If applicable, please provide a list of Identities of Interest showing all direct or indirect financial or other interests which exist in or between your organization and other parties that will be assisting you in providing these services. In addition, list National Intermediary Group memberships and the names of other organizations with whom they are affiliated.

e. Other Funding Sources: Please describe any other federal, state, or private funding received by your organization, and provide a copy of most recent annual audited financial statement as an attachment.

2. Current Long-term Care/Service Coordination Activities: Please submit a detailed description of the service coordination activities your organization has provided since September 1, 1997. This period corresponds roughly to the past three state fiscal years. The description should not exceed five typewritten pages in length and should cover the topics listed below.

B. Description of Services to be Rendered to TDHCA (50 points)

1. Service Coordination: Please summarize the service coordination activities your organization will provide to elderly residents of affordable multifamily rental developments. Please describe service coordination activities to be provided beyond what your organization is currently providing. You should address how you intend to expand your current services to help reach elderly residents earning less than 80 percent AMFI. Include in this description the estimated number if elderly residents expected to benefit from the coordination of services. Also, please include any pamphlets and training materials as an attachment, or refer to previous attachments if applicable.

2. Budget Description: Please provide an itemized budget outlining all costs to be covered by TDHCA funds requested in this proposal.

3. Evaluation: Describe the method by which you will evaluate the effectiveness of your program in expanding your current services to help reach elderly residents earning less than 80 percent AMFI.

4. Outreach: Please describe in detail a proposed marketing/outreach plan. This plan should include methods by which your organization intends to inform elderly residents earning less than 80 percent AMFI of the availability of service coordination.

III. General Information for Applicants

A. Requirements for Awardees: Successful sub-grantees will be required to offer a performance-based strategic plan illustrating the organizations goals relating to service coordination. Services to be coordinated for elderly residents of affordable multifamily rental developments should include, but not be limited to, those listed below. Please include the names of service providers and, if applicable, any associated costs.

Meal Services (Congregate and Meals on Wheels)

Housekeeping

Home Health/Therapy Services

Personal Care Assistance

Financial Management

Counseling/Mental Health Services

Educational Programs

Health Screenings/Wellness Services

Transportation

Shopping Assistance

Errand/Chore Services

Entitlement Programs/Benefits

Medication Management

Emergency Response System

B. Continuance of Service Coordination: Successful sub-grantees will include a continuation plan, illustrating how service coordination will continue after the funds have been expended.

C. Funding Procedures: Funding amount up to a maximum of $25,000/year for two years to selected organizations will be in the form of a cost-reimbursement contract. All selected organizations will be required to submit quarterly progress reports detailing their activities.

D. Reservation of Rights

1. Public Information: Information submitted relative to this Request for Proposal shall not be released by TDHCA during the evaluation process or prior to contract award. All information submitted to, and retained by TDHCA, becomes public record and is subject to disclosure under the Texas Public Information Act, unless an exception under such Act is applicable.

2. Exceptions to the Public Information Act: If an organization does not desire proprietary information in the proposal to be disclosed under the Texas Public Information Act or otherwise, it is required to identify (and segregate, if possible) all proprietary information in the proposal, which identification shall be submitted concurrently with the proposal. If such information is requested under the Texas Public Information Act, your organization will be notified and given an opportunity to present its position to the Texas Attorney General, who shall make the final determination. If your organization fails to clearly identify proprietary information, it agrees, by submission of the proposal, that those sections shall be deemed non-proprietary and made available upon public request after the contract is awarded.

3. Costs Incurred in Responding: All costs directly or indirectly related to the preparation of a response to this Request for Proposal or any oral presentation required to supplement and/or clarify the proposal, which may be required by TDHCA shall be the sole responsibility of, and shall be borne by, your organization.

4. Selection Process: In releasing this Request for Proposal, TDHCA is not obligated to proceed with any action, and may decide it is in the agency's best interest to discontinue consideration of services. TDHCA reserves the right to accept or reject any (or all) proposals submitted. The information contained in this Request for Proposal is intended to serve only as a general description of the services sought by TDHCA.

5. Contract Renewal and Cancellation: TDHCA reserves the right to renew any contract awarded under this Request for Proposal once the contractual term expires. TDHCA reserves the right, with thirty days written notice, to cancel any contract awarded under the terms of this Request for Proposal.

IV. Submission of Response: Please send an original and three (3) copies of responses to one of the following addresses, depending on the method of delivery:

Texas Department of Housing and Community Affairs

Office of Strategic Planning/Housing Resource Center

Attn.: John Garvin

P.O. Box 13941

Austin, Texas 78711-3941

Physical Address

507 Sabine, Suite 800

Austin, Texas 78701

Proposals must be received by TDHCA no later than 5:00 p.m. on Monday, September 25, 2000. Faxed or e-mailed applications will not be accepted.

Individuals who require auxiliary aids or services should contact Gina Arenas, ADA Responsible Employee, at (512) 475-3943, or Relay Texas at 1-800-735-2989, so that appropriate arrangements can be made.

TRD-200005157

Daisy Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: July 26, 2000


Notice of Administrative Hearing (MHD1998000607UI)

Manufactured Housing Division

Tuesday, August 8, 2000, 1:00 p.m.

State Office of Administrative Hearing, Stephen F. Austin Building, 1700 N Congress, 11th Floor, Suite 1100

Austin, Texas

AGENDA

Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of the complaint of the Texas Department of Housing and Community Affairs vs. Robert Hawkins dba Hawkins Mobile Home Service to hear alleged violations of Sections 4(d)(f) and 7(d) of the Act and Sections 80.51 and 80.125(e) of the Rules regarding installation of a manufactured home without obtaining, maintaining or possessing a valid installer's license and not properly installing the manufactured home. SOAH 332-00-1836. Department MHD1998000607UI.

Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475-3589.

TRD-200005149

Daisy Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: July 26, 2000


Notice of Public Hearing for the Low Income Home Energy Assistance Program

On or about October 1, 2000, the Texas Department of Housing and Community Affairs (TDHCA) anticipates receiving federal funds to continue the operation of certain programs that assist very low-income Texans. The Department is now in the process of deciding how these funds will be used and is seeking the input of groups affected by these programs and/or other interested citizens.

As part of the public information consultation and public hearing requirements for the Low Income Home Energy Assistance Program, the Community Affairs Division of the Texas Department of Housing and Community Affairs (TDHCA) will conduct one public hearing. The primary purpose of the hearing is to solicit comments on the proposed use and distribution of federal fiscal year (FFY) 2001 funds provided under the Low Income Home Energy Assistance Program (LIHEAP). LIHEAP provides funding for the Weatherization Assistance Program (WAP) and Comprehensive Energy Assistance Program (CEAP).

The public hearing has been scheduled as follows:

Friday, August 18, 2000, 3:00 p.m. in Room #1 at the Carver Library, 1161 Angelina Street, Austin, Texas.

A representative from TDHCA will be present to explain the planning process and receive comments from interested citizens and affected groups regarding the proposed plan. A copy of the Intended Use Report may be obtained by contacting the Texas Department of Housing and Community Affairs, Energy Assistance Section, P. O. Box 13941, Austin, Texas 78711-3941. For questions, contact the Energy Assistance Section, Community Affairs Division at (512) 475-1099.

Comments on the intended use of funds may be in the form of written comments or oral testimony at the public hearing. Written comments must be received no later than the close of business at 5:00 p.m. on August 24, 2000. Comments concerning the Intended Use Report may be submitted to Lolly Caballero at TDHCA using the address provided above, or via the internet using lcaballe@tdhca.state.tx.us, or by fax to (512) 475-3935. If you have any questions regarding the public hearing process or any of the programs referenced above, please contact the Energy Assistance Section at (512) 475-1099.

Individuals who require auxiliary aids or services for this meeting should contact Ms. Gina Esteves at (512) 475-3943 or Relay Texas at 1-800-735-2989 at least two days before the meeting so that appropriate arrangements can be made.

TRD-200005133

Daisy Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: July 25, 2000


Texas Department of Human Services

Notice of Amendment to One Consultant Contract

In Accordance with Texas Government Code, Chapter 2254.029(b), the Texas Department of Human Services (TDHS) publishes this notice of an amendment to one consultant contract.

The purpose of the contract was to provide expertise in information resources in support of automation projects administered by the Texas Department of Human Services, Office of Programs, Rate Analysis Department. The original contract and previous extensions were primarily for support of the Medicare Nursing Facility Case Mix and Quality Demonstration project and related automation of resident assessment information. The State fiscal year 2001 extension is for continued support of the automated cost reporting and evaluation system.

The Texas Department of Human Services awarded the original contract to Red Bluff Computing Consultants, P.O. Box 90892, Austin, Texas 78709, effective from September 1, 1993. This contract will be awarded to Red Bluff Computing Consultants unless a better offer is received.

This notice is referenced in the Electronic State Business Daily at http://www.texas-one.org/1380/.

Red Bluff Computing Consultants must provide all deliverables under the amended contract no later than August 31, 2001. For Information, contact Ray Wilson, Texas Department of Human Services, Rate Analysis Department, 701 West 51st Street, Mail Code W-425, Austin, TX 78751, (512) 438-4055.

TRD-200005136

Paul Leche

Agency Liaison

Texas Department of Human Services

Filed: July 25, 2000


Notice of Contract Award - Food Stamp Education Campaign

The Texas Department of Human Services announces this notice of contract award.

The invitation for request for proposal was published in the December 31, 1999, issue of the Texas Register (24 TexReg 12142).

Description of Services: The applicant organization is needed to develop and operate a statewide Food Stamp Education Campaign. The statewide contractor will be required to sub-contract with community based, not-for-profit organizations that have a strong, credible local presence to carry out local efforts to improve low-income consumers' access to basic nutrition and healthy foods.

Name of Contractor: The Texas Association of Community Action Agencies, inc., 2512 I.H. 35 South, Suite 100 Austin, Texas 78704-5751.

Terms and/or Amount: The contract period is August 1, 2000 through July 31, 2001. Funding for the contract is $700,000.

Report Due Date: Annual performance report due October 10, 2001.

TRD-200005167

Paul Leche

Agency Liaison

Texas Department of Human Services

Filed: July 26, 2000


Public Notice for Proposed Title XX Intended Use Report

The Texas Department of Human Services (DHS) has published a report outlining the proposed intended use of federal block grant funds during fiscal year 2001 for Title XX social services programs administered by the Texas Department of Human Services, the Texas Department of Health, the Texas Department of Protective and Regulatory Services, the Texas Department of Mental Health and Mental Retardation, Texas Education Agency, the Texas Workforce Commission, and the Texas Interagency Council on Early Childhood Intervention.

To obtain free copies of the report, send written requests to Chris Traylor, Government Relations Division, Mail Code W-623, Texas Department of Human Services, P.O. Box 149030, Austin, Texas 78714-9030. DHS is seeking written comments from representatives of both public and private sectors regarding the proposed use of Title XX block grant funds. Written comments will be accepted for 30 days. Please mail comments to the address listed previously.

TRD-200005137

Paul Leche

Agency Liaison

Texas Department of Human Services

Filed: July 25, 2000


Request for Proposal for CLASS Case Management Services Statewide

Request for Proposal (RFP): The Texas Department of Human Services (TDHS) is requesting proposals from providers for the delivery of case management services provided through the Community Living Assistance and Support Services (CLASS) program. To be eligible to contract with the Department effective November 1, 2000, a case management agency must be selected in the RFP process, be enrolled as a CLASS provider, and attend and complete mandatory CLASS provider agency training.

Purpose: This announcement should appear in the Texas Register on August 4, 2000.

Description of Services: A case management agency enrolls participants in the CLASS program and is the focal point for developing service plans, coordinating services, and tracking participant progress. The case manager convenes the interdisciplinary team (IDT) that is responsible for developing the plan of care and assures that services are consistent with the needs and preferences of the individual participant. Case managers further assist in the identification and development of appropriate community resources, crisis intervention, advocacy, and safeguarding individual rights. The case manager works in a cooperative relationship with the direct services agency which delivers home and community-based services.

Geographic Area: The Department intends to contract for the delivery of CLASS services Statewide for at least 1,278 individuals in all 75 counties covered by the CLASS program in the following catchment areas: Bexar, Bandera, Comal, Guadalupe, Kendall, Kerr, Dallas, Denton, Kaufman, Collin, Rockwall, Ellis, El Paso, Harris, Brazoria, Fort Bend, Galveston, Montgomery, Jefferson, Orange, Chambers, Hardin, Liberty, Lubbock, Crosby, Floyd, Hale, Hockley, Lamb, Nueces, Jim Wells, Kleberg, San Patricio, Smith, Gregg, Rusk, Upshur, Wood, Van Zandt, Henderson, Harrison, Tarrant, Hood, Johnson, Parker, Wise, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Kenedy, Starr, Webb, Willacy, Zapata, Travis, Hays, Bastrop, Williamson, Blanco, Caldwell, Armstrong, Carson, Potter, Randall, Coke, Nolan, Taylor, Tom Green, Runnels, Ector, Midland, Martin and Andrews. The provider(s) who is awarded a contract must be able to serve all 75 counties.

Closing Date and Time: Proposals must be received by the Department no later than 5:00 p.m. on Wednesday, September 13, 2000.

Contact Person for RFP: To obtain a Request for Proposal packet, please write Jessie Hood, Systems Support Specialist, CLASS Program, Texas Department of Human Services, 701 W. 51st Street (Mail Code W-521, Austin, TX 78751), P. O. Box 149030, Mail Code W-521, Austin, Texas 78714-9030. You may call Jessie Hood at (512) 438-3516 or fax a request to (512) 438-5135. The RFP packet will be available on Monday, August 7, 2000.

Bidder's Questions/Inquiries: Bidders must submit questions pertaining to the RFP and/or the CLASS program, in writing, to TDHS to the attention of Jessie Hood at the address or fax number above. All questions must be received by TDHS no later than 5:00 p.m. on Friday, August 25, 2000.

This notice is referenced in the Electronic State Business Daily at http://www.texas-one.org/1380/.

Historically underutilized businesses are encouraged to apply.

TRD-200005134

Paul Leche

Agency Liaison

Texas Department of Human Services

Filed: July 25, 2000


Request for Proposal for CLASS Direct Services Statewide

Request for Proposal (RFP): The Texas Department of Human Services (TDHS) is requesting proposals from providers for the delivery of Medicaid home and community-based services provided through the Community Living Assistance and Support Services (CLASS) program. To be eligible to contract with the department effective November 1, 2000, a direct services agency must be licensed by the Texas Department of Human Services as a home and community support services (HCSS) agency under the categories of licensed home health and personal assistance services, be selected in the RFP process, be enrolled as a CLASS provider, and attend and complete mandatory CLASS provider agency training.

Purpose: This announcement should appear in the Texas Register on August 4, 2000.

Description of Services: The direct services agency is responsible for delivering the following services in accordance with the individual service plan: personal assistance services (PAS) and skills development training, supported employment, nursing services, physical therapy, occupational therapy and speech pathology services, respite, psychological services, specialized therapies, adaptive aids and minor home modifications. CLASS participants are also eligible for the full range of Medicaid benefits. Direct services agency representatives participate in the assessment and care planning benefits of the interdisciplinary team and work in a cooperative relationship with the case management agencies.

Geographic Area: The Department intends to contract for the delivery of CLASS services Statewide for at least 1,278 individuals in all 75 counties covered by the CLASS program in the following catchment areas: Bexar, Bandera, Comal, Guadalupe, Kendall, Kerr, Dallas, Denton, Kaufman, Collin, Rockwall, Ellis, El Paso, Harris, Brazoria, Fort Bend, Galveston, Montgomery, Jefferson, Orange, Chambers, Hardin, Liberty, Lubbock, Crosby, Floyd, Hale, Hockley, Lamb, Nueces, Jim Wells, Kleberg, San Patricio, Smith, Gregg, Rusk, Upshur, Wood, Van Zandt, Henderson, Harrison, Tarrant, Hood, Johnson, Parker, Wise, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Kenedy, Starr, Webb, Willacy, Zapata, Travis, Hays, Bastrop, Williamson, Blanco, Caldwell, Armstrong, Carson, Potter, Randall, Coke, Nolan, Taylor, Tom Green, Runnels, Ector, Midland, Martin and Andrews. The provider(s) who is awarded a contract must be able to serve all 75 counties.

Closing Date and Time: Proposals must be received by the Department no later than 5:00 p.m. on Wednesday, September 13, 2000.

Contact Person for RFP: To obtain a Request for Proposal packet, please write Jessie Hood, Systems Support Specialist, CLASS Program, Texas Department of Human Services, 701 W. 51st Street (Mail Code W-521, Austin, TX 78751), P. O. Box 149030, Mail Code W-521, Austin, Texas 78714-9030. You may call Jessie Hood at (512) 438-3516 or fax a request to (512) 438-5135. The RFP packet will be available on Monday, August 7, 2000.

Bidder's Questions/Inquiries: Bidders must submit questions pertaining to the RFP and/or the CLASS program, in writing, to TDHS to the attention of Jessie Hood at the address or fax number above. All questions must be received by TDHS no later than 5:00 p.m. on Friday, August 25, 2000.

This notice is referenced in the Electronic State Business Daily at http://www.texas-one.org/1380/.

Historically underutilized businesses are encouraged to apply.

TRD-200005135

Paul Leche

Agency Liaison

Texas Department of Human Services

Filed: July 25, 2000


Texas Department of Insurance

Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Great Northern Insurance Company proposing to use rates that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance pursuant to TEX. INS. CODE ANN. art 5.101, 3(g). They are proposing a rate of -70% below the benchmark for all homeowners policy forms.

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, telephone (512) 475-1761.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101, 3(h), is made with the Chief Actuary for P & C, Mr. Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 within 30 days after publication of this notice.

TRD-200005016

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: July 21, 2000


Notice of Public Hearing

The Commissioner of Insurance will hold a public hearing under Docket No. 2453 on September 7, 2000, at 10:00 a.m. in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas. The Commissioner will consider for adoption new sections 21.3002-21.3005 concerning pharmacy identification cards.

The proposed new sections and the statutory authority for the proposed new sections, were published in the July 14, 2000 issue of the Texas Register (25 TexReg 6649).

TRD-200005077

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: July 24, 2000


Third Party Administrator Applications

The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration.

Application for incorporation in Texas of North American Medical Management-San Antonio, L.P. a domestic third party administrator. The home office is San Antonio, Texas.

Application for admission to Texas of Theraphysics Corporation, a foreign third party administrator. The home office is Wilmington, Delaware.

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-200005148

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: July 26, 2000


Texas Life, Accident, Health and Hospital Service Insurance Guaranty Association

Request for Proposal

Notice of Request for Proposals from Certified Public Accountants to provide audit and other professional services for the Texas Life, Accident, Health and Hospital Service Insurance Guaranty Association (the "Association").

Requesting the Proposal. A complete copy of the RFP may be obtained by writing Marvin Coffman, Texas Life, Accident, Health and Hospital Service Insurance Guaranty Association, 301 Congress Avenue, Suite 500, Austin, Texas 78701, telephone number: (512) 476-5101.

Schedule of Events. To be considered for this engagement, your firm must meet the qualifications and satisfy the requirements set forth in the RFP. All inquiries concerning the RFP must be received by August 11, 2000. Please indicate your intent to submit a proposal by submitting a written Notification of Interest. The Notification of Interest is a pre-requisite to submitting a proposal. The Notification may be faxed to Marvin Coffman by August 11, 2000 at fax number: (512) 472-1470.

Further Information. Firms that wish to submit a proposal and wish to obtain additional information related to the Association and its operations may schedule interviews/conferences with Marvin Coffman. Meetings will be at the offices of LaShelle, Coffman & Boles at 301 Congress Avenue, Suite 500, Austin, Texas 78701, between 8:00 a.m. and 4:00 p.m. (CZT).

Deadline for Receipt of Proposals. Five (5) copies of the completed proposal must be received by 5:00 p.m. (CZT) on September 15, 2000. Please limit your proposal to twenty (20) pages, including any appendices that you deem pertinent.

Evaluation and Award Procedure: All proposals will be subject to evaluation by the Audit Committee of the Association. The selection and awarding of a contract will be based on criteria and procedures set forth in the RFP; including ability to provide the requested services, demonstrated competence, qualifications and experience, and the reasonableness of the proposed fees. The Audit Committee reserves the right to accept or reject any or all proposals submitted and is under no legal obligation to execute any contracts on the basis of this notice or the distribution of any RFP. The Audit Committee shall pay no costs incurred by any entity responding to this Notice or the RFP. Selection of a firm will be made during the third week of October 2000. Certain firms may be interviewed at that time. You will be notified in advance if your company is requested to make a presentation.

TRD-200005125

Charles S. LaShelle

Executive Director

Texas Life, Accident, Health and Hospital Service Insurance Guaranty Association

Filed: July 25, 2000


Texas Lottery Commission

Instant Game No. 179 - "Chili Pepper Payoff"

1.0 Name and Style of Game.

A. The name of Instant Game No. 179 is "Chili Pepper Payoff". The play style of the game is a "add the number of peppers in the chili pot and the total . The total could win a prize if it corresponds with a total in the prize legend" play style.

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 179 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 179.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: Bowl, Garlic, Pepper, Fire, Tomato and Beans.

D. Play Symbol Caption - the small printed material appearing below each Play Symbol which explains the Play Symbol. One and only one of these Play Symbol Captions appears under each Play Symbol and each is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

Table 1 of this section

[graphic] Figure 1:16 TAC GAME NO. 179 - 1.2D

E. Retailer Validation Code - Three small letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. The possible validation codes are:

Table 2 of this section

[graphic] Figure 2:16 TAC GAME NO. 179 - 1.2E

Low-tier winning tickets use the required codes listed in Figure 2:16. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2:16 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.

F. Serial Number - A unique 13 digit number appearing under the latex scratch-off covering on the front of the ticket. There is a four (4) digit security number which will be boxed and placed randomly within the Serial Number. The remaining nine (9) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The format will be : 0000000000000.

G. Low-Tier Prize - A prize of $1.00, $2.00, $5.00, $10.00, and $20.00

H. Mid-Tier Prize - A prize of $50.00 or $500.00.

I. High-Tier Prize - No high tier prizes in this game.

J. Bar Code - A 22 character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.

K. Pack-Ticket Number - A thirteen (13) digit number consisting of the three (3) digit game number (179), a seven (7) digit pack number and a three (3) digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be : 179-0000001-000.

L. Pack - A pack of "Chili Pepper Payoff" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of one. Tickets 000 - 004 will be on the top page and tickets 005 - 009 will be on the next page and so forth with tickets 245 - 249 on the last page.

M. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "Chili Pepper Payoff" Instant Game No. 179 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "Chili Pepper Payoff" Instant Game is determined once the latex on the ticket is scratched off to expose nine (9) play symbols in the chili pot. Players win a prize by counting only the peppers in the chili pot and seeing if the total number of peppers in the chili pot is represented in the prize legend on the ticket. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

A. To be a valid Instant Game ticket, all of the following requirements must be met:

1. Exactly 9 Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly 9 Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the 9 Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 9 Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

19. The ticket must have been received by the Texas Lottery by applicable deadlines.

B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.

C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.

2.2 Programmed Game Parameters.

A. No consecutive string of non-winning tickets will be greater than 13.

B. A ticket will not contain three or more of a king of a symbol other than the chili pepper symbol

C. No more than one winner of $50 and higher per pack.

D. Consecutive non-winning tickets will not have identical play data, spot for spot

E. Every ticket will contain at least one chili pepper, with a predominance of non-winners containing two chili peppers.

2.3 Procedure for Claiming Prizes.

A. To claim a "Chili Pepper Payoff" Instant Game prize of $1.00, $2.00, $5.00, $10.00, $20.00, $50.00 or $500.00 a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00 or $500.00 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "Chili Pepper Payoff" Instant Game prize the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "Chili Pepper Payoff" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:

1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

2. delinquent in making child support payments administered or collected by the Attorney General; or

3. delinquent in reimbursing the Texas Department of Human Services for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resource Code;

4. in default on a loan made under Chapter 52, Education Code; or

5. in default on a loan guaranteed under Chapter 57, Education Code

F. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "Chili Pepper Payoff" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "Chili Pepper Payoff" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated therefor, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated therefor, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated therefor. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 60,000,000 tickets in the Instant Game No. 179. The expected number and value of prizes in the game are as follows:

Table 3 of this section

[graphic] Figure 3:16 TAC GAME NO. 179- 4.0

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery.

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 179 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 179, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200005050

Ridgely C. Bennett

Deputy General Counsel

Texas Lottery Commission

Filed: July 21, 2000


Instant Game No. 191 - "Winmill"

1.0 Name and Style of Game.

A. The name of Instant Game No. 191 is "Winmill". The play style of the game is a "key number match with a doubler" play style.

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 191 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 191.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, DOLLAR BILL, $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $500, $5,000 or $25,000.

D. Play Symbol Caption - the small printed material appearing below each Play Symbol which explains the Play Symbol. One and only one of these Play Symbol Captions appears under each Play Symbol and each is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

Table 1 of this section

[graphic]

[graphic continued]

E. Retailer Validation Code - Three small letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. The possible validation codes are:

Table 2 of this section

[graphic]

Low-tier winning tickets use the required codes listed in Figure 2:16. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2:16 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.

F. Serial Number - A unique 13 digit number appearing under the latex scratch-off covering on the front of the ticket. There is a four (4) digit security number which will be boxed and placed randomly within the Serial Number. The remaining nine (9) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The format will be : 0000000000000.

G. Low-Tier Prize - A prize of $2.00, $4.00, $5.00, $10.00, $15.00, and $20.00

H. Mid-Tier Prize - A prize of $50.00, $200 or $500.

I. High-Tier Prize - A prize of $5,000 or $25,000.

J. Bar Code - A 22 character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.

K. Pack-Ticket Number - A thirteen (13) digit number consisting of the three (3) digit game number (191), a seven (7) digit pack number and a three (3) digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be : 191-0000001-000.

L. Pack - A pack of "Winmill" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of two. Tickets 000 - 001 will be on the top page and tickets 002 - 003 will be on the next page and so forth with tickets 248 - 249 on the last page.

M. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "Winmill" Instant Game No. 191 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "Winmill" Instant Game is determined once the latex on the ticket is scratched off to expose twenty-two (22) play symbols. Players win the prize shown by matching any of the ten (10) YOUR NUMBERS to either of the two (2) LUCKY NUMBERS. If the player reveals a dollar bill symbol, they win double the amount for that prize. Players can win up to 10 times on each ticket. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

A. To be a valid Instant Game ticket, all of the following requirements must be met:

1. Exactly 22 Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly 22 Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the 22 Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 22 Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

19. The ticket must have been received by the Texas Lottery by applicable deadlines.

B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.

C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.

2.2 Programmed Game Parameters.

A. No duplicate Lucky Numbers on a ticket.

B. No duplicate non-winning Your Number play symbols on a ticket.

C. Consecutive non-winning tickets will not have identical play data, spot for spot.

D. Non-winning prize symbols will not match a winning prize symbol on a ticket.

E. The doubler symbol will never appear more than once on a ticket.

F. There will be no correlation between the matching symbols and the prize amount.

G. No more than 2 like duplicate non-winning prize symbols on a ticket.

2.3 Procedure for Claiming Prizes.

A. To claim a "Winmill" Instant Game prize of $2.00, $4.00, $5.00, $10.00, $15.00, $20.00, $50.00, $200 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00, $200 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "Winmill" Instant Game prize of $5,000 or $25,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "Winmill" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:

1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

2. delinquent in making child support payments administered or collected by the Attorney General; or

3. delinquent in reimbursing the Texas Department of Human Services for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resource Code;

4. in default on a loan made under Chapter 52, Education Code; or

5. in default on a loan guaranteed under Chapter 57, Education Code

F. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "Winmill" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "Winmill" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated therefor, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated therefor, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated therefor. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 20,040,000 tickets in the Instant Game No. 191. The expected number and value of prizes in the game are as follows:

Table 3 of this section

[graphic]

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery.

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 191 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 191, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200005049

Ridgely C. Bennett

Deputy General Counsel

Texas Lottery Commission

Filed: July 21, 2000


Instant Game No. 194 - "Raceway Riches"

1.0 Name and Style of Game.

A. The name of Instant Game No. 194 is "Raceway Riches". The play style of the game is a "key number match with doubler" play style.

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 194 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 194.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, TROPHY, $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $40.00, $200, $400, $4,000, or $20,000.

D. Play Symbol Caption - the small printed material appearing below each Play Symbol which explains the Play Symbol. One and only one of these Play Symbol Captions appears under each Play Symbol and each is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

Table 1 of this section

[graphic]

[graphic continued]

E. Retailer Validation Code - Three small letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. The possible validation codes are:

Table 2 of this section.

[graphic]

Low-tier winning tickets use the required codes listed in Figure 2:16. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2:16 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.

F. Serial Number - A unique 13 digit number appearing under the latex scratch-off covering on the front of the ticket. There is a four (4) digit security number which will be boxed and placed randomly within the Serial Number. The remaining nine (9) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The format will be : 0000000000000.

G. Low-Tier Prize - A prize of $2.00, $4.00, $5.00, $8.00, $10.00, $15.00 and $20.00

H. Mid-Tier Prize - A prize of $40.00, $200 or $400.

I. High-Tier Prize - A prize of $4,000 or $20,000.

J. Bar Code - A 22 character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.

K. Pack-Ticket Number - A thirteen (13) digit number consisting of the three (3) digit game number (194), a seven (7) digit pack number and a three (3) digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be : 194-0000001-000.

L. Pack - A pack of "Raceway Riches" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of two. Tickets 000 - 001 will be on the top page and tickets 002 - 003 will be on the next page and so forth with tickets 248 - 249 on the last page.

M. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "Raceway Riches" Instant Game No. 194 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "Raceway Riches" Instant Game is determined once the latex on the ticket is scratched off to expose seventeen (17) play symbols. Players win the prize shown under the YOUR SPEEDS play symbol if YOUR SPEEDS is higher than THEIR SPEED. If players get a trophy symbol, it doubles the prize shown. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

A. To be a valid Instant Game ticket, all of the following requirements must be met:

1. Exactly 17 Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly 9 Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the 17 Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 17 Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

19. The ticket must have been received by the Texas Lottery by applicable deadlines.

B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.

C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.

2.2 Programmed Game Parameters.

A. No duplicate non-winning YOUR SPEEDS play symbols on a ticket.

B. Consecutive non-winning tickets will not have identical play data, spot for spot.

C. No duplicate non-winning prize symbols on a ticket.

D. YOUR SPEEDS will never be the same as THEIR SPEED on a ticket.

E. The doubler symbol will appear on intended winners as dictated by the prize structure.

F. The doubler symbol may appear only once on a ticket.

2.3 Procedure for Claiming Prizes.

A. To claim a "Raceway Riches" Instant Game prize of $2.00, $4.00, $5.00, $8.00, $10.00, $15.00, $20.00, $40.00, $200 or $400, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $40.00, $200 or $400 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "Raceway Riches" Instant Game prize of $4,000 or $20,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "Raceway Riches" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:

1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

2. delinquent in making child support payments administered or collected by the Attorney General; or

3. delinquent in reimbursing the Texas Department of Human Services for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resource Code;

4. in default on a loan made under Chapter 52, Education Code; or

5. in default on a loan guaranteed under Chapter 57, Education Code

F. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "Raceway Riches" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "Raceway Riches" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated therefor, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated therefor, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated therefor. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 20,040,000 tickets in the Instant Game No. 194. The expected number and value of prizes in the game are as follows:

Table 3 of this section

[graphic]

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery.

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 194 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 194, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200005080

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: July 24, 2000


Instant Game No. 197 - "Heads Or Tails"

1.0 Name and Style of Game.

A. The name of Instant Game No. 197 is "Heads Or Tails". The play style of the game is a "match 2 symbols" play style.

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 197 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 197.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: TAILS, HEADS, $1.00, $2.00, $5.00, $10.00, $20.00, $40.00, $100 or $2,000.

D. Play Symbol Caption - the small printed material appearing below each Play Symbol which explains the Play Symbol. One and only one of these Play Symbol Captions appears under each Play Symbol and each is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

Table 1 of this section

[graphic]

E. Retailer Validation Code - Three small letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. The possible validation codes are:

Table 2 of this section.

[graphic]

Low-tier winning tickets use the required codes listed in Figure 2:16. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2:16 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.

F. Serial Number - A unique 13 digit number appearing under the latex scratch-off covering on the front of the ticket. There is a four (4) digit security number which will be boxed and placed randomly within the Serial Number. The remaining nine (9) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The format will be : 0000000000000.

G. Low-Tier Prize - A prize of $1.00, $2.00, $4.00, $5.00, $10.00, and $20.00.

H. Mid-Tier Prize - A prize of $40.00 or $300.

I. High-Tier Prize - A prize of $2,000.

J. Bar Code - A 22 character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.

K. Pack-Ticket Number - A thirteen (13) digit number consisting of the three (3) digit game number (197), a seven (7) digit pack number and a three (3) digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be : 197-0000001-000.

L. Pack - A pack of "Heads Or Tails" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of five. Tickets 000 - 004 will be on the top page and tickets 005 - 009 will be on the next page and so forth with tickets 245 - 249 on the last page.

M. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "Heads Or Tails" Instant Game No. 197 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "Heads Or Tails" Instant Game is determined once the latex on the ticket is scratched off to expose twelve (12) play symbols. Players win by getting 2 Heads or 2 Tails within the same toss and win the prize shown for that toss. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

A. To be a valid Instant Game ticket, all of the following requirements must be met:

1. Exactly 12 Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly 12 Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the 12 Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 12 Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

19. The ticket must have been received by the Texas Lottery by applicable deadlines.

B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.

C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.

2.2 Programmed Game Parameters.

A. No duplicate non-winning prize symbols on a ticket.

B. Consecutive non-winning tickets will not have identical play data, spot for spot.

2.3 Procedure for Claiming Prizes.

A. To claim a "Heads Or Tails" Instant Game prize of $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $40.00, or $300, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $40.00 or $300 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "Heads Or Tails" Instant Game prize of $2,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "Heads Or Tails" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:

1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

2. delinquent in making child support payments administered or collected by the Attorney General; or

3. delinquent in reimbursing the Texas Department of Human Services for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resource Code;

4. in default on a loan made under Chapter 52, Education Code; or

5. in default on a loan guaranteed under Chapter 57, Education Code

F. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "Heads Or Tails" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "Heads Or Tails" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated therefor, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated therefor, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated therefor. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 20,160,000 tickets in the Instant Game No. 197. The expected number and value of prizes in the game are as follows:

Table 3 of this section

[graphic]

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery.

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 197 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 197, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200005001

Ridgely C. Bennett

Deputy General Counsel

Texas Lottery Commission

Filed: July 20, 2000


Instant Game No. 199 - "Run For The Money"

1.0 Name and Style of Game.

A. The name of Instant Game No. 199 is "Run For The Money". The play style of the game is a "key number match" play style.

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 199 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 199.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: 1,2,3,4,5,6,7,8,9,10,11,12, HORSE SHOE, $1.00, $2.00, $3.00, $4.00, $5.00, $10.00, $15.00, $20.00, $50.00, $100, $1,000, or $4,000.

D. Play Symbol Caption - the small printed material appearing below each Play Symbol which explains the Play Symbol. One and only one of these Play Symbol Captions appears under each Play Symbol and each is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

Table 1 of this section

[graphic]

E. Retailer Validation Code - Three small letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. The possible validation codes are:

Table 2 of this section.

[graphic]

Low-tier winning tickets use the required codes listed in Figure 2:16. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2:16 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.

F. Serial Number - A unique 13 digit number appearing under the latex scratch-off covering on the front of the ticket. There is a four (4) digit security number which will be boxed and placed randomly within the Serial Number. The remaining nine (9) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The format will be : 0000000000000.

G. Low-Tier Prize - A prize of $1.00, $2.00, $4.00, $5.00, $10.00, $15.00, and $20.00

H. Mid-Tier Prize - A prize of $50.00 or $100.

I. High-Tier Prize - A prize of $1,000 or $4,000.

J. Bar Code - A 22 character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.

K. Pack-Ticket Number - A thirteen (13) digit number consisting of the three (3) digit game number (199), a seven (7) digit pack number and a three (3) digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be : 199-0000001-000.

L. Pack - A pack of "Run For The Money" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of five. Tickets 000 - 004 will be on the top page and tickets 005 - 009 will be on the next page and so forth with tickets 245 - 249 on the last page.

M. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "Run For The Money" Instant Game No. 199 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "Run For The Money" Instant Game is determined once the latex on the ticket is scratched off to expose ten (10) play symbols. Players win the prize shown by matching YOUR HORSE numbers to either WINNING HORSE number within a race. If players reveal a HORSE SHOE symbol, they automatically win the prize displayed for that race. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

A. To be a valid Instant Game ticket, all of the following requirements must be met:

1. Exactly 10 Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly 10 Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the 10 Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 10 Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

19. The ticket must have been received by the Texas Lottery by applicable deadlines.

B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.

C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.

2.2 Programmed Game Parameters.

A. No duplicate non-winning Your Horse Number play symbols on a ticket.

B. No duplicate non-winning prize symbols on a ticket.

C. Consecutive non-winning tickets will not have identical play data, spot for spot.

D. No duplicate Winning Horse Number play symbols on a ticket.

E. The auto win symbol will never appear more than once on a ticket.

F. The auto win symbol will appear only on intended winning tickets.

G. Non-winning prize symbols will not match a winning prize symbol on a ticket.

H. There will be no correlation between the Your Horse Numbers play symbols and the prize symbols.

2.3 Procedure for Claiming Prizes.

A. To claim a "Run For The Money" Instant Game prize of $1.00, $2.00, $4.00, $5.00, $10.00, $15.00, $20.00, $50.00 or $100 a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00 or $100 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "Run For The Money" Instant Game prize of $1,000 or $4,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "Run For The Money" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:

1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

2. delinquent in making child support payments administered or collected by the Attorney General; or

3. delinquent in reimbursing the Texas Department of Human Services for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resource Code;

4. in default on a loan made under Chapter 52, Education Code; or

5. in default on a loan guaranteed under Chapter 57, Education Code

F. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "Run For The Money" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "Run For The Money" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated therefor, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated therefor, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated therefor. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 20,160,000 tickets in the Instant Game No. 199. The expected number and value of prizes in the game are as follows:

Table 3 of this section

[graphic]

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery.

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 199 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 199, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200005046

Ridgely C. Bennett

Deputy General Counsel

Texas Lottery Commission

Filed: July 21, 2000


Instant Game No. 211 - "24K"

1.0 Name and Style of Game.

A. The name of Instant Game No. 211 is "24K". The play style of the game is a "key number match" play style.

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 211 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 211.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: 1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18,19, 20,21,22,23,24, CROWN, GOLD BAR, $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $200, $2,000 or $24,000.

D. Play Symbol Caption - the small printed material appearing below each Play Symbol which explains the Play Symbol. One and only one of these Play Symbol Captions appears under each Play Symbol and each is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

Table 1 of this section

[graphic]

[graphic continued]

E. Retailer Validation Code - Three small letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. The possible validation codes are: .

Table 2 of this section

[graphic]

Low-tier winning tickets use the required codes listed in Figure 2:16. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2:16 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.

F. Serial Number - A unique 13 digit number appearing under the latex scratch-off covering on the front of the ticket. There is a four (4) digit security number which will be boxed and placed randomly within the Serial Number. The remaining nine (9) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The format will be : 0000000000000.

G. Low-Tier Prize - A prize of $2.00, $4.00, $5.00, $10.00, $12.00, $20.00, and $24.00

H. Mid-Tier Prize - A prize of $50.00 or $200.00.

I. High-Tier Prize - A prize of $2,000 or $24,000.

J. Bar Code - A 22 character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.

K. Pack-Ticket Number - A thirteen (13) digit number consisting of the three (3) digit game number (211), a seven (7) digit pack number and a three (3) digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be : 211-0000001-000.

L. Pack - A pack of "24K" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of two. Tickets 000 - 001 will be on the top page and tickets 002 - 003 will be on the next page and so forth with tickets 248 - 249 on the last page.

M. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "24K" Instant Game No. 211 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "24K" Instant Game is determined once the latex on the ticket is scratched off to expose ten (10) play symbols, ten (10) prize symbols and two (2) winning numbers. Players win the prize shown by matching any of YOUR NUMBERS to either WINNING NUMBER. If players reveal a CROWN symbol, they automatically win the prize displayed. If the player reveals a GOLD BAR symbol, they win all 10 prizes automatically. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

A. To be a valid Instant Game ticket, all of the following requirements must be met:

1. Exactly 22 Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly 22 Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the 22 Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 22 Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

19. The ticket must have been received by the Texas Lottery by applicable deadlines.

B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.

C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.

2.2 Programmed Game Parameters.

A. No duplicate non-winning Your Number play symbols on a ticket.

B. No duplicate non-winning prize symbols on a ticket.

C. Consecutive non-winning tickets will not have identical play data, spot for spot.

D. No duplicate Winning Number symbols on a ticket.

E. The gold bar symbol will never appear more than once on a ticket.

F. The gold bar symbol will appear only on intended winning tickets.

G. The crown symbol will never appear more than once on a ticket.

H. The crown and gold bar symbol will never appear on the same ticket.

2.3 Procedure for Claiming Prizes.

A. To claim a "24K" Instant Game prize of $2.00, $4.00, $5.00, $10.00, $12.00, $20.00, $24.00, $50.00 or $200, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00 or $200.00 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "24K" Instant Game prize of $2,000 or $24,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "24K" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:

1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

2. delinquent in making child support payments administered or collected by the Attorney General; or

3. delinquent in reimbursing the Texas Department of Human Services for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resource Code;

4. in default on a loan made under Chapter 52, Education Code; or

5. in default on a loan guaranteed under Chapter 57, Education Code

F. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "24K" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "24K" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated therefor, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated therefor, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated therefor. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 20,040,000 tickets in the Instant Game No. 211. The expected number and value of prizes in the game are as follows:

Table 3 of this section

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery.

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 211 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 211, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200005002

Ridgely C. Bennett

Deputy General Counsel

Texas Lottery Commission

Filed: July 20, 2000


Instant Game No. 212 - "WILD WILD WINNINGS"

1.0 Name and Style of Game.

A. The name of Instant Game No. 212 is "WILD WILD WINNINGS". There are five games on this ticket. The play style of Game 1 is a "key symbol match with doubler" play style. The play style of Game 2 is a "yours beats theirs" play style. The play style of Game 3 is a "add up" play style. The play style of Game 4 is a "match 3 or match 2 with symbol" play style. The play style of Game 5 is a "automatic $5" play style.

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 212 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 212.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: BUD, JAKE, JOE, COLONEL, BART, CAL, ROY, KID, BILLY, KEY, ACE, KING, QUEEN, JACK, 10, 9, 8, 7, 6, 5, 4 , 3, 2, 1, 2, 3, 4, 5, 6, CACTUS, HAT, SPUR, FIRE, BIG 5, $1.00, $2.00, $4.00, $5.00, $8.00, $10.00, $100, $500, $1,000, $5,000 and GOLD NUGGET.

D. Play Symbol Caption - the small printed material appearing below each Play Symbol which explains the Play Symbol. One and only one of these Play Symbol Captions appears under each Play Symbol and each is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

Table 1 of this section

[graphic continued]

E. Retailer Validation Code - Three small letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. The possible validation codes are:

Table 2 of this section

Low-tier winning tickets use the required codes listed in Figure 2:16. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2:16 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.

F. Serial Number - A unique 13 digit number appearing under the latex scratch-off covering on the front of the ticket. There is a four (4) digit security number which will be boxed and placed randomly within the Serial Number. The remaining nine (9) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The format will be : 0000000000000.

G. Low-Tier Prize - A prize of $5.00, $8.00, $10.00 or $20.00.

H. Mid-Tier Prize - A prize of $50.00, $100 or $500.

I. High-Tier Prize - A prize of $1,000, $5,000 or $50,000.

J. Bar Code - A 22 character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.

K. Pack-Ticket Number - A thirteen (13) digit number consisting of the three (3) digit game number (212), a seven (7) digit pack number and a three (3) digit ticket number. Ticket numbers start with 000 and end with 074 within each pack. The format will be : 212-0000001-000.

L. Pack - A pack of "WILD WILD WINNINGS" Instant Game tickets contain 75 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of ones. Ticket 000 will be on the top page and ticket 001 will be on the next page and so forth with ticket 074 on the last page.

M. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery " WILD WILD WINNINGS " Instant Game No. 212 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the " WILD WILD WINNINGS " Instant Game is determined once the latex on the ticket is scratched off to expose forty-two (42) play symbols. In Game 1, the player must match any of the WANTED posters to the OUTLAW to win the prize show for that poster. If the player finds the KEY symbol, the players wins double the prize shown. In Game 2, if YOUR CARD beats DEALER'S CARD within a hand, the player wins the prize shown. In Game 3, for each roll, if the total of YOUR ROLL equals 7 or 11, the player wins the prize shown for that roll. In Game 4, if the players gets 3 like amounts within each game, the player wins that amount. Or if the player gets 2 like amounts plus a GOLD NUGGET symbol, the player wins ten (10) times the prize amount. In Game 5, if the player gets a "BIG 5" symbol, the player wins $5 automatically. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

A. To be a valid Instant Game ticket, all of the following requirements must be met:

1. Exactly 42 Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly 42 Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the 42 Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 42 Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

19. The ticket must have been received by the Texas Lottery by applicable deadlines.

B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.

C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.

2.2 Programmed Game Parameters.

A. Consecutive non-winning tickets will not have identical play data, spot for spot.

B. There will be no correlation between a prize symbol and the play symbol it appears with.

C. No duplicate non-winning prize symbols in Game 1.

D. No duplicate non-winning Wanted Guy play symbols in Game 1.

E. The key symbol will only appear once in the game in Game 1.

F. The key symbol will only appear on intended winners in Game 1.

G. No ties between Your Card and Dealer's Card in a hand in Game 2.

H. No duplicate non-winning prize symbols in Game 2.

I. No duplicate Your Card play symbols in Game 2.

J. No duplicate Dealer's Card play symbols in Game 2.

K. No duplicate non-winning prize symbols in Game 3.

L. No duplicate non-winning rolls in any order in Game 3.

M. The x10 symbol will only appear once on a ticket and only on intended winners.

N. No duplicate non-winning games in Game 4.

O. The BIG 5 symbol will only appear on intended winners on Game 5.

2.3 Procedure for Claiming Prizes.

A. To claim a " WILD WILD WINNINGS " Instant Game prize of $5.00, $8.00, $10.00, $20.00, $50.00, $100, or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00, $100, or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. To claim a " WILD WILD WINNINGS " Instant Game prize of $1,000, $5,000 or $50,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a " WILD WILD WINNINGS " Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:

1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

2. delinquent in making child support payments administered or collected by the Attorney General; or

3. delinquent in reimbursing the Texas Department of Human Services for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resource Code;

4. in default on a loan made under Chapter 52, Education Code; or

5. in default on a loan guaranteed under Chapter 57, Education Code

F. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the " WILD WILD WINNINGS " Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the " WILD WILD WINNINGS " Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated therefor, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated therefor, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated therefor. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 20,040,000 tickets in the Instant Game No. 212. The expected number and value of prizes in the game are as follows:

Table 3 of this section

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery.

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 212 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 212, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200005000

Ridgely C. Bennett

Deputy General Counsel

Texas Lottery Commission

Filed: July 20, 2000


Texas Department of Mental Health and Mental Retardation

Notice of Medicaid State Plan Amendment for Case Management Rate Setting

The Texas Department of Mental Health and Mental Retardation (TDMHMR) has postponed the effective date in the notice of the Medicaid state plan amendment that was published in the July 7, 2000, issue of the Texas Register (25 TexReg 6598). TDMHMR plans to submit a Medicaid state plan amendment with an effective date of October 1, 2000, to allow for the transfer of Case Management rate setting activities from TDMHMR to the Health and Human Services Commission.

Copies of the state plan amendment (Transmittal No. 00-09, Amendment No. 574) will be available for review after October 31, 2000, by writing the Medicaid Office, Health and Human Services Commission at P. O. Box 13247, Austin, Texas 78711.

TRD-200005086

Charles Cooper

Chairman, Texas MHMR Board

Texas Department of Mental Health and Mental Retardation

Filed: July 24, 2000


Notice of Medicaid State Plan Amendment for ICF/MR Rate Setting

The Texas Department of Mental Health and Mental Retardation (TDMHMR) has postponed the effective date in the notice of the Medicaid state plan amendment that was published in the July 7, 2000, issue of the Texas Register (25 TexReg 6598). TDMHMR plans to submit a Medicaid state plan amendment with an effective date of October 1, 2000, to allow for the transfer of ICF/MR rate setting activities from TDMHMR to the Health and Human Services Commission and to remove the requirement of the review of reimbursement rules and rates by the TDMHMR Board.

Copies of the state plan amendment (Transmittal No. 00-08, Amendment No. 573) will be available for review after October 31, 2000, by writing the Medicaid Office, Health and Human Services Commission at P. O. Box 13247, Austin, Texas 78711.

TRD-200005087

Charles Cooper

Chairman, Texas MHMR Board

Texas Department of Mental Health and Mental Retardation

Filed: July 24, 2000


Notice of Medicaid State Plan Amendment for Institutions for Mental Diseases Rate Setting

The Texas Department of Mental Health and Mental Retardation (TDMHMR) has postponed the effective date in the notice of the Medicaid state plan amendment that was published in the July 7, 2000, issue of the Texas Register (25 TexReg 6598). TDMHMR plans to submit a Medicaid state plan amendment with an effective date of October 1, 2000, to allow for the transfer of Institutions for Mental Diseases rate setting responsibilities from TDMHMR to the Health and Human Services Commission.

Copies of the state plan amendment (Transmittal No. 00-12, Amendment No. 576) will be available for review after October 31, 2000, by writing the Medicaid Office, Health and Human Services Commission at P. O. Box 13247, Austin, Texas 78711.

TRD-200005088

Charles Cooper

Chairman, Texas MHMR Board

Texas Department of Mental Health and Mental Retardation

Filed: July 24, 2000


Notice of Medicaid State Plan Amendment for Rehabilitative Services Rate Setting

The Texas Department of Mental Health and Mental Retardation (TDMHMR) has postponed the effective date in the notice of the Medicaid state plan amendment that was published in the July 7, 2000, issue of the Texas Register (25 TexReg 6598). TDMHMR plans to submit a Medicaid state plan amendment with an effective date of October 1, 2000, to allow for the transfer of Rehabilitative Services rate setting activities from TDMHMR to the Health and Human Services Commission.

Copies of the state plan amendment (Transmittal No. 00-10, Amendment No. 575) will be available for review after October 31, 2000, by writing the Medicaid Office, Health and Human Services Commission at P. O. Box 13247, Austin, Texas 78711.

TRD-200005085

Charles Cooper

Chairman, Texas MHMR Board

Texas Department of Mental Health and Mental Retardation

Filed: July 24, 2000


Public Hearing Notice - Health and Human Services Commission and Texas Department of Mental Health and Mental Retardation Notice of Joint Public Hearing on Reimbursement Rates for Service Coordination

The Health and Human Services Commission and the Texas Department of Mental Health and Mental Retardation will conduct a joint public hearing to receive public comment on proposed reimbursement rates for Service Coordination facilities effective September 1, 2000, through August 31, 2001. The joint hearing will be held in compliance with Title 1, Texas Administrative Code, Chapter 355, Subchapter F, §355.702(h), which requires a public hearing on proposed reimbursement rates for medical assistance programs.

The public hearing will be held on Thursday, August 17, 2000, at 9:00 a.m. in room 240 of the TDMHMR Central Office building (Building 2) at 909 West 45th Street, Austin, Texas 78751.

Written comments may be submitted to Reimbursement and Analysis Section, Medicaid Administration, Texas Department of Mental Health and Mental Retardation, P.O. Box 12668, Austin, Texas 78711-2668, or faxed to (512) 206-5693. Hand deliveries will be accepted at 909 West 45th Street, Austin, Texas 78751. Comments must be received by noon on Thursday, August 17, 2000. Interested parties may obtain a copy of the reimbursement briefing package 10 days prior to the hearing by calling the Reimbursement and Analysis Section at (512) 206-5753.

Persons requiring ADA accommodation should contact Tom Wooldridge by calling (512)206-5753, at least 72 hours prior to the hearing. Persons requiring an interpreter for the deaf or hearing impaired should contact Tom Wooldridge through the Texas Relay operator by calling 1-800-735-2988. Janet Hodgson Office of Policy Development Texas Department of Mental Health and Mental Retardation P.O. Box 12668 Austin, TX 78711-2668 (512) 206-5153 FAX (512) 206-4750 E-mail: Janet.Hodgson@mhmr.state.tx.us

TRD-200005089

Charles Cooper

Chairman, Texas MHMR Board

Texas Department of Mental Health and Mental Retardation

Filed: July 24, 2000


Texas Natural Resource Conservation Commission

Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to the Texas Water Code (the Code), §7.075. Section 7.075 requires that before the TNRCC may approve the AOs, the TNRCC shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is September 4, 2000 . Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withdraw or withhold 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 the AOs should be sent to the attorney designated for the 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 4, 2000 . 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, §7.075 provides that comments on the AOs should be submitted to the TNRCC in writing .

(1) COMPANY: Friede Goldman Offshore Texas, L.P.; DOCKET NUMBER: 2000-0701- MLM-E; TNRCC ID NUMBERS: 23492 and 81891; LOCATION: 91 West Front Street, Orange, Orange County, Texas; TYPE OF FACILITY: street yard; RULES VIOLATED: §101.4 and Texas Health and Safety Code, (THSC), §382.085(a) and (b), by emitting paint overspray from surface coating operations creating nuisance conditions; and §335.4 and the Code, §26.121, by allowing an unauthorized discharge of waste oil and spent sandblasting grit and Class I nonhazardous waste; PENALTY: $29,375; STAFF ATTORNEY: Richard O'Connell, Litigation Division, MC 175, (512) 239-5528; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(2) COMPANY: Nicholas Hallinan; DOCKET NUMBER: 1998-0464-SLG-E; TNRCC ID NUMBER: NONE; LOCATION: 12670 Highway 181 South, San Antonio, Bexar County, Texas; TYPE OF FACILITY: sluge transportation; RULES VIOLATED: §335.41(1) and the Code, §26.121(c), by allowing the unauthorized discharge of hazardous waste; PENALTY: $6,250; STAFF ATTORNEY: John Sumner, Litigation Division, MC 175, (512) 239-0497; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(3) COMPANY: Hartley Water Supply Corporation; DOCKET NUMBER: 1997-1085-PWS-E; TNRCC ID NUMBER: 1030010; LOCATION: Hartley, Hartley County, Texas; TYPE OF FACILITY: public drinking water system; RULES VIOLATED: §290.46(f)(1)(A), by failing to maintain an adequate disinfectant residual of 0.2 mg/l for the free chlorine residual; §290.42(e)(2), by failing to disinfect the groundwater from well numbers one and two prior to distribution; §290.43(c)(3), by failing to provide a gravity hinged and weighted cover for the overflow on the water storage reservoir in accordance with american water works association standards; and §290.46(p), by failing to have records of the annual elevated storage tank inspections available for review; PENALTY: $7,563; STAFF ATTORNEY: Joshua Olszewski, Litigation Division, MC 175, (512) 239-3645; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353- 9251.

TRD-200005082

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: July 24, 2000


Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (the Code), §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 4, 2000 . 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 4, 2000 . 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, §7.075 provides that comments on the AOs should be submitted to the TNRCC in writing .

(1) COMPANY: AquaSource Utility, Incorporated dba Countryside Estates Wastewater Treatment Facility; DOCKET NUMBER: 2000-0090-MWD-E; IDENTIFIER: Water Quality Permit Number 11249-001; LOCATION: near Port Acres, Jefferson County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and (5) and Water Quality Permit Number 11249-001, by failing to submit a monthly effluent report, meet the effluent limitation of 20 milligrams per liter (mgl) for biochemical oxygen demand, meet the effluent limitation of 20 mgl for total suspended solids, meet the effluent limitation of greater than or equal to two mgl for dissolved oxygen, and properly operate and maintain all systems of treatment; and 30 TAC §305.125(4), Water Quality Permit Number 11249-001, and the Code, §26.121, by failing to take all reasonable steps to prevent or minimize a discharge of sludge; PENALTY: $3,200; ENFORCEMENT COORDINATOR: Laura Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(2) COMPANY: City of Atlanta; DOCKET NUMBER: 1999-1582-MWD-E; IDENTIFIER: Water Quality Permit Number 10338-001 and National Pollutant Discharge Elimination System (NPDES) Permit Number TX0032344; LOCATION: Atlanta, Cass County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Water Quality Permit Number 10338-001 and NPDES Permit Number TX0032344, by failing to comply with permitted effluent limits for ammonia- nitrogen, total suspended solids, and five-day carbonaceous biochemical oxygen demand; PENALTY: $4,375; ENFORCEMENT COORDINATOR: Sherry Smith, (512) 239-0572; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(3) COMPANY: BC Utilities, Inc.; DOCKET NUMBER: 2000-0249-MWD-E; IDENTIFIER: Water Quality Permit Number 11145-001 and NPDES Permit Number TX0067539; LOCATION: Humble, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(4), the Code, §26.121, and Water Quality Permit Number 11145-001, by failing to operate and maintain the facility to prevent the discharge and accumulation of solids; Water Quality Permit Number 11145-001 and the Code, §26.121, by failing to comply with the minimum chlorine residual limit; 30 TAC §§305.125(5) and (11), 317.3(b)(1), 317.4(a)(8), 317.6(b)(1)(C), 317.7(e), and Water Quality Permit Number 11145-001, by failing to operate and maintain the facility to comply with permit conditions and prevent discharges and maintain complete monitoring, reporting, and sludge records; and Water Quality Permit Number 11145-001, by failing to submit an engineering report and/or plans and specifications; PENALTY: $11,375; ENFORCEMENT COORDINATOR: Cathy Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(4) COMPANY: Evans Systems, Inc. dba Boogie's Mini Mart; DOCKET NUMBER: 2000- 0125-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 0036871; LOCATION: West Columbia, Brazoria County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.242(3)(C) and the Act, §382.085(b), by failing to maintain the Stage II vapor recovery system (VRS); and 30 TAC §115.248(1) and the Act, §382.085(b), by failing to ensure at least one facility representative receive training and instruction in the operation and maintenance of the Stage II VRS; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Trina Lewison, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(5) COMPANY: The Leroy and Dorothy Brown Family Limited Partnership; DOCKET NUMBER: 2000-0285-MWD-E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number 11357-001; LOCATION: Orange, Orange County, Texas; TYPE OF FACILITY: mobile home park; RULE VIOLATED: TPDES Permit Number 11357-001 and the Code, §26.121, by failing to prevent an unauthorized discharge of wastewater from the influent lift station force main; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(6) COMPANY: Cal-Tex Lumber Company, Inc.; DOCKET NUMBER: 2000-0053-AIR-E; IDENTIFIER: Air Account Number NA-0055-O; LOCATION: Nacogdoches, Nacogdoches County, Texas; TYPE OF FACILITY: lumber sawmill; RULE VIOLATED: 30 TAC §116.110(a), 106.454(1)(E) and (F), and the Act, §382.085(b), by failing to obtain a permit or meet the conditions of a standard exemption for two remote reservoir solvent degreasers; and 30 TAC §116.115(b)(2)(F)(i) and the Act, §382.085(b), by failing to maintain records of the sawdust feed rate at the boiler gasifiers; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Susan Kelly, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(7) COMPANY: Orvel Casey; DOCKET NUMBER: 2000-0282-OSI-E; IDENTIFIER: On-Site Sewage Facility (OSSF) Installer Identification Number OS6282; LOCATION: Uvalde, Uvalde County, Texas; TYPE OF FACILITY: on-site sewage; RULE VIOLATED: 30 TAC §285.58(a)(11) and the THSC, §§366.051(c), 366.054, and 366.055, by failing to obtain the permitting agent's authorization before installing, constructing, altering, or repairing an OSSF and failing to call for the required inspections; PENALTY: $400; ENFORCEMENT COORDINATOR: Julia McMasters, (512) 239-5839; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096.

(8) COMPANY: Central Bowie County Water Supply Corporation; DOCKET NUMBER: 2000- 0136-PWS-E; IDENTIFIER: Public Water Supply (PWS) Number 0190024; LOCATION: New Boston, Bowie County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(f)(4), by failing to meet minimum water system capacity requirements of 0.6 gallons per minute (gpm) per connection; PENALTY: $313; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(9) COMPANY: Chevron Chemical Company, LLC; DOCKET NUMBER: 2000-0018-AIR-E; IDENTIFIER: Air Account Number JE-0508-W; LOCATION: Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: petrochemical; RULE VIOLATED: 30 TAC §116.115(b)(2)(G) and (c), the Act, §382.085(b), and Air Permit Number 18568, by failing to comply with permit emission limits; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Susan Kelly, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-3892, (409) 898-3838.

(10) COMPANY: Chevron U.S.A., Inc.; DOCKET NUMBER: 2000-0439-AIR-E; IDENTIFIER: Air Account Numbers WC-0083-I and WC-0084-G; LOCATION: Wickett, Ward County, Texas; TYPE OF FACILITY: oil and gas production; RULE VIOLATED: 30 TAC §122.146(2) and the Act, §382.085(b), by failing to submit an annual compliance certification; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Dan Landenberger, (915) 570- 1359; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(11) COMPANY: Clemsa Lumber Company; DOCKET NUMBER: 1999-1564-AIR-E; IDENTIFIER: Air Account Number AC-0051-B; LOCATION: Pollok, Angelina County, Texas; TYPE OF FACILITY: lumber sawmill; RULE VIOLATED: 30 TAC §101.20(a), 40 Code of Federal Regulations (CFR) §60.48c(g) and (i), and the Act, §382.085(b), by failing to maintain daily fuel usage records for the boilers; 30 TAC §116.110(a) and the Act, §382.085(b), by failing to obtain a permit or meet a standard exemption for a cold solvent degreaser; 30 TAC §116.115(b)(2)(F) and (G), and (c), Permit Number 19871, and the Act, §382.085(b), by failing to limit the production of lumber to 260,000 finished board feet per day and maintain accurate records of wood dried in Kiln 1 and 2; and 30 TAC §122.121 and the Code, §382.054, by failing to obtain a Title V permit; PENALTY: $14,000; ENFORCEMENT COORDINATOR: Susan Kelly, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(12) COMPANY: Crockett County WCID No. 1; DOCKET NUMBER: 1998-1451-PWS-E; IDENTIFIER: PWS Number 0530011; LOCATION: Ozona, Crockett County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.41(c)(1)(D) and (F), and (3)(A), (C), (O), and (P), by failing to ensure that livestock are not allowed within 50 feet of supply wells, acquire sanitary easement, provide and maintain well data, pressure cement all six active wells, provide fencing and housing, ensure wells were not located within 500 feet of animal pens, and provide all-weather roads; 30 TAC §290.106(a)(1), by failing to develop a written sample siting plan; 30 TAC §290.46(f)(1)(A), (n), (p)(1) and (2), and (t), by failing to maintain a 0.2 mgl free chlorine residual, develop and maintain an updated distribution map, conduct an annual inspection of ground storage tanks, conduct an annual inspection of its pressure tanks, and maintain the underground storage tank in a watertight condition; 30 TAC §290.42(e)(4)(B) and (j), by failing to provide automatic proportioning of the disinfectant dosage and compile a thorough plant operations manual; and 30 TAC §290.43(c)(3) and (e), by failing to provide intruder-resistant fencing for all ground storage and pressure tanks, provide an overflow for the underground storage tank, and provide the ground storage tank with an inspection ladder; PENALTY: $4,313; ENFORCEMENT COORDINATOR: John Mead, (512) 239-6010; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(13) COMPANY: Crystal Beach Corporation; DOCKET NUMBER: 1999-1419-PST-E; IDENTIFIER: Petroleum Storage Tank Facility Identification Number 0003909; LOCATION: Crystal Beach, Galveston County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.246(7) and the Act, §382.085(b), by failing to maintain and have available Stage II records; 30 TAC §115.242(9)(C) and the Act, §382.085(b), by failing to post Stage II vapor recovery hotline number on the pumps; and 30 TAC §334.21 and the Code, §26.358(b), by failing to pay underground storage tank fees; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Carl Schnitz, (512) 239-1892; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(14) COMPANY: Echo Production, Inc.; DOCKET NUMBER: 2000-0464-AIR-E; IDENTIFIER: Air Account Number HE-0012-I; LOCATION: Quanah, Hardeman County, Texas; TYPE OF FACILITY: natural gas processing; RULE VIOLATED: 30 TAC §122.146(1) and the Act, §382.085(b), by failing to certify compliance with Title V Permit O-0015; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Kara Dudash, (915) 698-9674; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(15) COMPANY: Engineered Carbons, Incorporated; DOCKET NUMBER: 2000-0188-AIR-E; IDENTIFIER: Air Account Number OC-0020-R; LOCATION: Orange, Orange County, Texas; TYPE OF FACILITY: hard carbon black production; RULE VIOLATED: 30 TAC §116.115(b)(2)(G) and (C), §101.20(3), and the Act, §382.085(b), by failing to comply with the permitted carbon monoxide emission limits of 204 pounds per hour (lbs/hr) and the permitted nitrogen oxide emission limits of 37.4 lbs/hr; PENALTY: $7,500; ENFORCEMENT COORDINATOR: Laura Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703- 1892, (409) 898-3838.

(16) COMPANY: Halliburton Energy Services, Inc.; DOCKET NUMBER: 2000-0333-PWS-E; IDENTIFIER: PWS Number 1011560; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.106(b)(1) and (5), and (e)(2), by failing to submit the required number of repeat water samples for bacteriological analysis, submit additional routine water samples for bacteriological analysis, and provide public notification of the coliform monitoring and maximum contaminant level (MCL) violations; and 30 TAC §290.105 and the Code, §341.031, by exceeding the MCL for total coliform; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Shawn Stewart, (512) 239-6684; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(17) COMPANY: Harris County Municipal Utility District No. 150; DOCKET NUMBER: 2000- 0106-MWD-E; IDENTIFIER: Water Quality Permit Number 11863-001 and NPDES Permit Number TX0072893; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Water Quality Permit Number 11863-001 and NPDES Permit Number TX0072893, by failing to comply with effluent limits and failing to submit discharge monitoring reports for the results of chronic biomonitoring requirements; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(18) COMPANY: John Leininger and Harvest Fellowship Community Church; DOCKET NUMBER: 1999-1550-EAQ-E; IDENTIFIER: Edwards Aquifer Protection Program Identification Number 1263; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: church; RULE VIOLATED: 30 TAC §213.4(a), by failing to have received approval prior to commencing construction activities; PENALTY: $720; ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096.

(19) COMPANY: Heritage Financial Group, Inc.; DOCKET NUMBER: 1999-0592-MLM-E; IDENTIFIER: PWS Number 1020061 and Water Quality Permit Number 13522-001; LOCATION: near Longview, Harrison County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(F)(i) and (iii), by failing to provide well capacity of 0.6 gpm per connection and provide two or more service pumps with a total rated capacity of two gpm per connection; the Code, §290.113(b), by failing to install facilities to treat the water, blend the water with an acceptable source, or abandon the source; 30 TAC §290.44(d), by failing to provide at all times a minimum pressure of 35 pounds per square inch throughout the distribution system; 30 TAC §290.42(e)(8), by failing to completely cover and seal the top of the hypochlorination solution container; and Permit Number 13522-001 and the Code, §26.121, by failing to meet daily average and single grab permit parameter limitations for total suspended solids and five-day biochemical oxygen demand, maintain a minimum of two mgl dissolved oxygen in the aeration basin, prevent sludge and grease accumulations in the chlorine contact chamber, have the traveling bridge collector on the clarifier operating properly, have the flow meter calibrated annually, and ensure at all times that the facility and all its systems of collection, treatment, and disposal are properly operated; PENALTY: $9,950; ENFORCEMENT COORDINATOR: Gilbert Angelle, (512) 239-4489; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(20) COMPANY: Hometown Meadow Glen Utility Service, LP; DOCKET NUMBER: 2000- 0062-MWD-E; IDENTIFIER: Water Quality Permit Number 12768-001; LOCATION: Keller, Tarrant County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(4), (5), and (9), the Code, §26.121, and Water Quality Permit Number 12768-001, by failing to prevent discharge of sludge to the creek, properly maintain the aeration basin, weirs, and clarifiers, notify the regional office within 24 hours of the noncompliance, and maintain a minimum chlorine residual of one mgl; PENALTY: $4,800; ENFORCEMENT COORDINATOR: Wendy Penland, (817) 469-6750; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010- 6499, (817) 469-6750.

(21) COMPANY: Hondo Creek Cattle Company, Ltd.; DOCKET NUMBER: 2000-0279-AGR- E; IDENTIFIER: Water Quality Permit Number 01497; LOCATION: Edroy, San Patricio County, Texas; TYPE OF FACILITY: cattle feedlot; RULE VIOLATED: 30 TAC §321.39(e) and (f)(24)(K), by failing to amend the facility's pollution prevention plan prior to change in operation and prevent the ponding of water in pens; and 30 TAC §321.40(7) and Water Quality Permit Number 01497, by failing to provide 100 feet of vegetative buffer zone and appropriate tailwater controls; PENALTY: $5,760; ENFORCEMENT COORDINATOR: Pam Campbell, (512) 239-4493; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(22) COMPANY: Horticultural Printers, Ltd. dba Integracolor, Ltd.; DOCKET NUMBER: 2000-0222-AIR-E; IDENTIFIER: Air Account Number DB-1250-P; LOCATION: Mesquite, Dallas County, Texas; TYPE OF FACILITY: commercial printing; RULE VIOLATED: 30 TAC §122.121, §122.130(c)(2), and the Act, §382.054 and §382.085(b), by failing to submit a Title V abbreviated permit application; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Wendy Penland, (817) 469-6750; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(23) COMPANY: The City of Ingleside; DOCKET NUMBER: 1999-1304-MWD-E; IDENTIFIER: Water Quality Permit Number 10422-001 and NPDES Permit Number TX0020401; LOCATION: Ingleside, San Patricio County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Water Quality Permit Number 10422-001, NPDES Permit Number TX0020401, and the Code, §26.121, by failing to comply with both the state and federal permit limits for the 30-day average total ammonia nitrogen limit of three mgl; PENALTY: $3,000; ENFORCEMENT COORDINATOR: John Mead, (512) 239-6010; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(24) COMPANY: Kelly-Moore Paint Company, Inc.; DOCKET NUMBER: 2000-0227-AIR-E; IDENTIFIER: Air Account Number TA-0203-D; LOCATION: Hurst, Tarrant County, Texas; TYPE OF FACILITY: paint manufacturing; RULE VIOLATED: 30 TAC §122.121, §122.130(b), and the Act, §382.054 and §382.085(b), by failing to submit a Title V abbreviated permit application; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Wendy Penland, (817) 469- 6750; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(25) COMPANY: Lohn Water Supply Corporation; DOCKET NUMBER: 2000-0334-PWS-E; IDENTIFIER: PWS Number 1540002; LOCATION: Lohn, McColloch County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.105(a)(2) and the Code, §341.031(a) and §341.0315(c), by exceeding the MCL for total coliform; and 30 TAC §290.106(b)(1) and (5), by failing to collect and submit repeat water samples for bacteriological analysis following a total coliform-positive sample and collect and submit additional routine water samples for bacteriological analysis; PENALTY: $1,563; ENFORCEMENT COORDINATOR: Sandy VanCleave, (512) 239-0667; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(26) COMPANY: Louisiana-Pacific Corporation; DOCKET NUMBER: 2000-0081-AIR-E; IDENTIFIER: Air Account Number JC-0058-I; LOCATION: Jasper, Jasper County, Texas; TYPE OF FACILITY: oriented strandboard mill plant; RULE VIOLATED: 30 TAC §116.115(c) and Permit Number 22377, by failing to comply with special condition number 21 of the permit; PENALTY: $4,500; ENFORCEMENT COORDINATOR: Sandy VanCleave, (512) 239-0667; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(27) COMPANY: Gerald S. Calvert and Randy Russel dba Oak Ridge Mobile Home Park; DOCKET NUMBER: 2000-0197-PWS-E; IDENTIFIER: PWS Number 0200183; LOCATION: near Seabrook, Brazoria County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.105(b), by exceeding the MCL for total coliform bacteria; and 30 TAC §290.106(a), (b)(1), (4), and (5), and (e)(2), and the Code, §341.033(d), by failing to collect a water sample from the facility for bacteriological analysis, take repeat bacteriological samples for each coliform-positive sample, take additional routine bacteriological samples, and provide public notice of failure to collect bacteriological samples; PENALTY: $1,200; ENFORCEMENT COORDINATOR: Jaime Garza, (512) 239-1406; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(28) COMPANY: Oil Patch Sandblasting and Paint, Ltd.; DOCKET NUMBER: 2000-0015-AIR- E; IDENTIFIER: Air Account Number HX-1323-M; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: abrasive sandblasting and painting; RULE VIOLATED: 30 TAC §101.4 and the Act, §382.085(a) and (b), by emitting into the atmosphere air contaminants to create a nuisance in the form of paint overspray; 30 TAC §106.433(2)(B), (6)(B) and (C), (7)(C), and (8)(B), §116.110(a)(4), and the Act, §382.085(b), by failing to operate the exhaust fan in the work area while cleaning spray guns, use a stack to reduce emissions from the enclosed paint booth, use the dry filter system to control emissions, meet the distance requirement of 50 feet or more from the property for coating operations and 500 feet or greater from any recreational area, residence, or other structure for sandblasting activities, and maintain complete records of the coating activities; and 30 TAC §115.421(a)(9)(A)(ii) and the Act, §382.085(b), by exceeding the volatile organic compound content limit of 3.5 pounds per gallon of coating; PENALTY: $8,750; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(29) COMPANY: The City of Pearland; DOCKET NUMBER: 1999-1488-MWD-E; IDENTIFIER: Water Quality Permit Number 10134-002; LOCATION: Pearland, Brazoria County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Water Quality Permit Number 10134-002 and the Code, §26.121, by failing to prevent the unauthorized discharges; and 30 TAC §305.125(1) and Water Quality Permit Number 10134-002, by failing to maintain compliance with permitted daily average flow limitations; PENALTY: $101,250; ENFORCEMENT COORDINATOR: Cathy Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(30) COMPANY: Pemarco, Inc.; DOCKET NUMBER: 2000-0099-EAQ-E; IDENTIFIER: Edwards Aquifer File Numbers 98092301 and 98092401; LOCATION: Round Rock, Williamson County, Texas; TYPE OF FACILITY: underground storage tank; RULE VIOLATED: 30 TAC §213.4(g), by failing to timely submit proof of deed recordation; PENALTY: $720; ENFORCEMENT COORDINATOR: Sherry Smith, (512) 239-0572; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(31) COMPANY: San Miguel Electric Cooperative, Inc.; DOCKET NUMBER: 2000-0283-AIR- E; IDENTIFIER: Air Account Number AG-0007-G; LOCATION: Christine, Atascosa County, Texas; TYPE OF FACILITY: electricity generating plant; RULE VIOLATED: 30 TAC §111.111(a)(1)(B), by failing to meet the opacity limit of 20% or quality for exemption; 30 TAC §101.6(a)(3)(E), §111.111(a)(1)(B), and the Act, §382.085(b), by failing to include in upset notification reports the information regarding actions taken to correct the upset and minimize the emissions; 30 TAC §116.115(b)(2)(G), Permit Number 4180A, and the Act, §382.085(b), by failing to operate the plant in compliance with the emission limitations; 30 TAC §101.10(b)(1) and the Act, §382.085(b), by failing to include all emissions from the combustion of fuel oil in the annual emissions inventory; and 30 TAC §101.20(1) and the Act, §382.085(b), by failing to include adequate explanation of the nature and cause of malfunctions and the corrective action taken; PENALTY: $45,760; ENFORCEMENT COORDINATOR: Malcolm Ferris, (210) 490-3096; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096.

(32) COMPANY: Sea-Dan Ranches; DOCKET NUMBER: 2000-0255-AIR-E; IDENTIFIER: Air Account Number CB-0083-L; LOCATION: Seadrift, Calhoun County, Texas; TYPE OF FACILITY: property; RULE VIOLATED: 30 TAC §111.219(3) and (6)(A), and the Act, §382.085(b), by failing to conduct outdoor burning only when wind direction and other meteorological conditions are such that smoke and other pollutants will not cause adverse effects and complete the outdoor burn on the same day it was commenced, and not later than one hour before sunset; PENALTY: $800; ENFORCEMENT COORDINATOR: Gary McDonald, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(33) COMPANY: Solutia Inc.; DOCKET NUMBER: 2000-0304-IHW-E; IDENTIFIER: Hazardous Waste Permit Number HW-50189 and Solid Waste Registration Number 30138; LOCATION: Alvin, Brazoria County, Texas; TYPE OF FACILITY: production of organic chemicals; RULE VIOLATED: 30 TAC §335.431(c) and 40 CFR §268.50(c), by failing to meet the one year storage limit for ten restricted hazardous waste containers; PENALTY: $7,200; ENFORCEMENT COORDINATOR: Cathy Sherman, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(34) COMPANY: Stericycle, Inc.; DOCKET NUMBER: 2000-0226-AIR-E; IDENTIFIER: Air Account Number KB-0006-V; LOCATION: Terrell, Kaufman County, Texas; TYPE OF FACILITY: medical waste incinerator; RULE VIOLATED: 30 TAC §122.121, §122.130(b), and the Act, §382.054 and §382.085(b), by failing to submit a Title V abbreviated permit application; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Wendy Penland, (817) 469-6750; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(35) COMPANY: United Petroleum Transports, Inc.; DOCKET NUMBER: 2000-0168-AIR-E; IDENTIFIER: Air Account Number EE-1056-J; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: fuel transport; RULE VIOLATED: 30 TAC §114.100(a) and the Act, §382.085(b), by failing to meet the minimum oxygen content of 2.7% by weight; and 30 TAC §334.21 and the Code, §26.358(b), by failing to pay underground storage tank fees; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Corey Burke, (512) 239-5259; REGIONAL OFFICE: 401 East Franklin, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(36) COMPANY: VV Water Supply System, Inc.; DOCKET NUMBER: 2000-0061-PWS-E; IDENTIFIER: PWS Number 0610052; LOCATION: Denton, Denton County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(D)(i) and (v), by failing to provide a well capacity of 0.6 gpm and provide auxiliary power; 30 TAC §290.41(c)(1)(F) and (3)(B) and (J), by failing to provide a sanitary easement around the well location, provide a well casing 18 inches above the natural ground, and provide a properly constructed concrete sealing block; 30 TAC §290.46(p)(1) and (2), by failing to document annual inspections of ground and pressure tanks; and 30 TAC §290.46(i), by failing to adopt a plumbing ordinance or regulations; PENALTY: $3,688; ENFORCEMENT COORDINATOR: Wendy Penland, (817) 469- 6750; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

TRD-200005106

Paul Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: July 25, 2000


Notice of Receipt of Application and Intent to Obtain a Municipal Solid Waste Permit

APPLICATION.

Hudspeth County, P.O. Box 68, Sierra Blanca, Texas 79851 which operates a Type I-Arid Exempt (AE) landfill has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a permit amendment to authorize a lateral expansion of 122.444 acres. The facility is located approximately 3.5 miles south of Sierra Blanca adjoining FM 1111 in Hudspeth County, Texas.

This application was submitted to the TNRCC on May 8, 2000. The permit application is available for viewing and copying at the Office of the County Judge, Hudspeth County Courthouse, 109 Milligan, Sierra Blanca, Texas 79851.

The TNRCC executive director has determined the application is administratively complete and will conduct a technical review of the application. After completion of that review, the TNRCC will issue a Notice of Application and Preliminary Decision.

MAILING LISTS.

You may ask to be placed on a mailing list to obtain additional information on this application by sending a request to the Office of the Chief Clerk, at the address below. You may also ask to be on a county-wide mailing list to receive public notices for TNRCC permits in the county.

PUBLIC COMMENT / PUBLIC MEETING.

You may submit public comments or request a public meeting about this application. The purpose of a public meeting is to provide the opportunity to submit comments or to ask questions about the application. The TNRCC will hold a public meeting if the executive director determines that there is a significant degree of public interest in the application or if requested by a local legislator. A public meeting is not a contested case hearing.

Written public comments and requests for a public meeting must be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, TX 78711-3087.

ADDITIONAL NOTICE.

After technical review of the application is completed, the executive director may prepare a draft permit and will issue a preliminary decision on the application. Notice of the Application and Preliminary Decision will be published and mailed to those who are on the county- wide mailing list or the mailing list for this application. That notice will contain the final deadline for submitting public comments.

OPPORTUNITY FOR A CONTESTED CASE HEARING.

After the deadline for public comments, the executive director will consider the comments and prepare a response to all relevant and material, or significant public comments. The response to comments, along with the executive director's decision on the application, will be mailed to everyone who submitted public comments or who is on the mailing list for this application. If comments are received, the mailing will also provide instructions for requesting reconsideration of the executive director's decision and for requesting a contested case hearing. A contested case hearing is a legal proceeding similar to a civil trial in state district court.

A contested case hearing will only be granted based on disputed issues of fact that are relevant and material to the Commission's decision on the application. Further, the Commission will only grant a hearing on issues that were raised during the public comment period and not withdrawn.

INFORMATION.

If you need more information about this permit application or the permitting process, please call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TNRCC can be found at our web site at www.tnrcc.state.tx.us.

Further information may also be obtained from Hudspeth County at the address stated above or by calling Mr. James E. Tompkins P.E., West Texas Consultants, Inc. at (915) 685-3800.

TRD-200005200

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: July 25, 2000


Notice of Water Rights Application

Notice is given that WALTER EXPLORATION, INC., applicant, seeks a permit pursuant to §11.121, Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC §§ 295.1, et seq. The applicant seeks authorization to divert and use not to exceed 67 acre- feet of water per annum from the underflow of the Double Mountain Fork Brazos River, tributary of the Brazos River, Brazos River Basin for mining (oil and gas waterflood) purposes in Stonewall County, Texas. The permit application is based on an upstream water sales contract with the Brazos River Authority. The water will be diverted from the underflow of the River through wells at a maximum of 43.75 GPM (0.1 cfs). The water will be diverted by means of two stationary pumps from four wells located at S 34.07° E 3187 feet, S 42.3 °E 3098 feet, S 50.53° E 3061 feet and S 55.98° E, 2986 feet from the northwest corner of the W.P. Kelly Survey Abstract No. 1030, Stonewall County, Texas. The permit, if granted, will only be valid as long as the contract with BRA is in effect and will expire and be null and void at termination of the contract.

Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application.

The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed within 30 days after newspaper publication of this notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) applicant's name and permit number; (3) the statement "[I/we] request a contested case hearing;" (4) a brief and specific description of how you would be affected by the application in a way not common to the general public; and (5) the location and distance of your property relative to the proposed activity. You may also submit proposed conditions to the requested extension of time which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. If a hearing request is filed, the Executive Director will not grant the application and will forward it and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting.

Written hearing requests, public comments or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, the same address. For additional information, individual members of the general public may contact the Office of Public Assistance at 1-800-687-4040. General information regarding the TNRCC can be found at our web site at www.tnrcc.state.tx.us.

TRD-200005112

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: July 25, 2000


Public Utility Commission of Texas

Notice of Application for Emergency Revision of Fixed Fuel Factors and Related Good-Cause Waivers

Notice is given to the public of the filing of an application with the Public Utility Commission (commission) for emergency revision of fuel factors and related good-cause waivers.

Docket Style and Number: Application of Southwestern Public Service Company for: (1) Emergency Revision of its Fixed Fuel Factors; and (2) Related Good Cause Waivers. Docket Number 22810.

The Application: Southwestern Public Service Company (SPS) requests authority to revise its fixed voltage level fuel factors pursuant to P.U.C. Substantive Rule §25.237(f) and requests related good-cause waivers pursuant to P.U.C. Substantive Rule §25.3. SPS asserts that circumstances such as the substantial and unforeseeable increase in natural gas prices experienced by SPS qualifies as an emergency and justifies a revision of SPS' s fuel factors. Additionally, SPS is proposing to flow-through margins from wholesale non-firm sales using a methodology consistent with that approved most recently by the commission in Docket Number 20551, rather than incorporate those margins in the calculation of its voltage level fuel factors. SPS seeks a good-cause waiver of all applicable commission rules necessary to continue that methodology. SPS requests authorization from the commission to change its current fuel factors in its Secondary Distribution to 0.022343; its current fuel factors in its Primary Distribution to 0.022037; its current fuel factors in its Sub-Transmission to 0.021094; and its current fuel factors in its Backbone Transmission to 0.020974.

All classes of SPS' s Texas retail customers will be affected by the proposed change in fuel factors which will become effective upon the commission' s approval and remain in effect until revised by the commission. If approved, these changes will be subject to final review by the commission in SPS' s next fuel reconciliation proceeding.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission' s Office of Customer Protection at (512) 936-7120 or (888) 782-8477 no later than August 15, 2000. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735- 2989.

TRD-200005113

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 25, 2000


Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on July 21, 2000, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of TVS Communications, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 22764 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, Digital Subscriber Line, ISDN, T1- Private Line, Switch 56 KBPS, Frame Relay, Fractional T1, long distance, and wireless services.

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 9, 2000. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200005073

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 24, 2000


Notice of Application to Amend Certificate of Convenience and Necessity

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on July 18, 2000, to amend a certificate of convenience and necessity pursuant to §§14.001, 37.051, and 37.054, 37.056, 37.057 of the Public Utility Regulatory Act, Texas Utilities Code Annotated (Vernon 1998) (PURA). A summary of the application follows.

Docket Style and Number: Application of the West Texas Utilities Company (WTU) to Amend A Certificate of Convenience and Necessity for a Proposed Transmission Line Within Sterling, Coke, Tom Green, Concho, Coleman and McCulloch Counties. Docket Number 22798.

The Application: WTU proposes to construct a double circuit 345 kV transmission line on a preferred route extending from an interconnection point with Texas Utilities Electric Company (TXU) at the Mitchell-Sterling County line and continuing into Coke and Tom Green Counties to a proposed Twin Buttes Switching Station. Construction will continue within Tom Green County from the proposed Twin Buttes Switching Station on to the existing Red Creek Switching Station. The proposed transmission line will then continue into Concho, McCulloch and Coleman Counties and meet proposed TXU construction at the Coleman-Brown County line. The transmission project is proposed to relieve certain transmission constraints to and from West Texas and will provide additional localized benefits in the Concho Valley area. This project, which is known as the Morgan Creek-Twin Buttes-Red Creek-Commanche Switch transmission line, was identified by the Electric Reliability Council of Texas (ERCOT) Independent System Operator (ISO) as necessary. Copies of the amended application and additional associated maps are available for review at the offices of WTU, 301 Cypress Street, Abilene, Texas. Arrangements to view or obtain a map may be made by contacting Brett E. Madison, Project Manager at (214) 777-2209.

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 or (888) 782-8477. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. The deadline for intervention in the proceeding will be established, but will be no earlier than September 1, 2000. The commission should receive a letter requesting intervention on or before that date.

TRD-200005011

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 21, 2000


Notice of Application to Amend Certificated Service Area Boundaries

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on July 21, 2000, to amend a certificated service area boundary in Tom Green County pursuant to §§14.001, 37.051, and 37.054, 37.056, 37.057 of the Public Utility Regulatory Act, Texas Utilities Code Annotated (Vernon 1998 & Supp. 2000) (PURA). A summary of the application follows.

Docket Style and Number: Application of West Texas Utilities (WTU) and Concho Valley Electric Cooperative (CVEC) to Amend Certificated Service Area Boundaries Within Tom Green County. Docket Number 22820.

The Application: This service area exception is necessary to allow WTU to provide electric service to an oil well pump (Turner 44-6) owned by Increased Energy Inc. of San Angelo Texas. This pump is located on the Percy (Bud) R. Turner ranch in western Tom Green County, Texas. The WTU power line adjacent to this well is entirely within an area that is single certified to CVEC. This power line is considered to be grandfathered and can be used only to serve new loads located within 200 feet of it. This new oil pump is located approximately 350 feet from this power line. The distance from the nearest CVEC power line to this location is approximately one mile. Because of the length of new line required to serve this small load, CVEC has agreed to allow WTU to serve this pump. Copies of the application and additional associated maps are available for review at 400 West 15th, Suite 650, Austin, Texas. Persons with questions about this project should contact Richard Byrne at the above listed address, or telephone WTU at (915) 674-7000.

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 or (888) 782-8477. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. The deadline for intervention in the proceeding will be established. The commission should receive a letter requesting intervention.

TRD-200005081

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 24, 2000


Public Notice of Amendment to Interconnection Agreement

On July 19, 2000, Fairpoint Communications Corporation and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §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, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22799. 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 amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing ten 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 22799. 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 21, 2000, 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 §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 commission's Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 22799.

TRD-200005012

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 21, 2000


Public Notice of Interconnection Agreement

On July 17, 2000, Panhandle Telecommunications Systems, Inc. and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of interconnection agreement under §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, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22790. 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 ten 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 22790. 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 14, 2000, 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 §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 commission's Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 22790.

TRD-200004991

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 20, 2000


Public Notice of Interconnection Agreements

On July 17, 2000, Cumby Telephone Cooperative Incorporated and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of interconnection agreement under §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, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22791. 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 ten 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 22791. 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 14, 2000, 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 §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 commission's Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 22791.

TRD-200004992

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 20, 2000


Public Notice of Interconnection Agreements

On July 17, 2000, Business Telecom, Inc. and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of an interim interconnection agreement under §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, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22792. The joint application and the underlying interim interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interim 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 interim interconnection agreement. Any interested person may file written comments on the joint application by filing ten 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 22792. 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 14, 2000, 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 §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 commission's Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 22792.

TRD-200004993

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 20, 2000


Public Notice of Interconnection Agreement

On July 17, 2000, W.T. Service Incorporated and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under §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, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22793. 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 ten 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 22793. 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 14, 2000, 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 §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 commission's Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 22793.

TRD-200004994

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 20, 2000


Public Notice of Interconnection Agreement

On July 17, 2000, U.S. Metro Line Services, Inc. and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under §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, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22794. 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 ten 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 22794. 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 14, 2000, 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 §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 commission's Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 22794.

TRD-200004995

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 20, 2000


Public Notice of Interconnection Agreements

On July 19, 2000, Pathnet, Inc. and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under §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, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22800. 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 ten 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 22800. 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 21, 2000, 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 §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 commission's Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 22800.

TRD-200005013

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 21, 2000


Public Notice of Interconnection Agreement

On July 19, 2000, Supra Telecom and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of interconnection agreement under §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, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22802. 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 ten 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 22802. 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 21, 2000, 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 §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 commission's Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 22802.

TRD-200005014

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 21, 2000


Sul Ross State University

Solicitation for Consultant Services

Pursuant to Texas Government Code, Article 2254, Sul Ross State University, a Member of the Texas State University System, announces the solicitation for consultant services to advise and assist with the proposal development, management, and administration of a TRIO Student Support Services Grant from the United States Department of Education as authorized under Title IV of the Higher Education Act of 1965.

Project Summary: The purpose of these projects are to provide program services to students including instruction in basic skills, tutorial services, academic, financial or personal counseling, assistance in securing admission and financial aid for enrollment in graduate and professional programs, information about career options, mentoring, and special services for students with limited English proficiency. The request for proposal calls for the responding consultants to detail in writing and support with documentation their knowledge and experience in the Title IV Student Support Services areas.

Responses should be sent in an envelope plainly marked to David Wilson, Purchasing Director, Sul Ross State University, Highway 90 East, Alpine, Texas 79832. A copy of the request for proposal is available upon request from David Wilson, telephone (915)837-8045, fax (915)837-8046 or e-mail dwilson@sulross.edu. Two copies of the responses are required and are to arrive no later than 3:00 p.m. on August 14th, 2000. They should address in detail the various items set forth.

The Sul Ross State University Title IV Development Team and the University Executive Committee will review the Consultants and their proposals. The University reserves the right to reject any and all proposals received in response to this request for proposals if it is determined to be in the best interest of the University to do so. All material submitted in response to this request becomes the property of the University and may be reviewed by other Consultants on the request for proposals after the official review of the proposals.

TRD-200005078

David C. Wilson

Purchasing Director

Sul Ross State University

Filed: July 24, 2000


Texas Department of Transportation

Public Notice

Pursuant to Transportation Code, §21.111, and Title 43, Texas Administrative Code, §30.209, the Texas Department of Transportation conducts public hearings to receive comments from interested parties concerning proposed approval of various aviation projects.

For information regarding actions and times for aviation public hearings, please go to the following web site - http://www.dot.state.tx.us - click on Aviation, click on Aviation Public Hearing. Or, contact Karon Wiedemann, Aviation Division, 150 East Riverside, Austin, Texas 78704, (512) 416-4520 or 800 68 PILOT.

TRD-200005015

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: July 21, 2000


Texas Turnpike Authority Division of the Texas Department of Transportation

Notice of Availability of Final Environmental Impact Statement

The Texas Turnpike Authority Division (TTA) of the Texas Department of Transportation hereby issues this notice to advise the public that a Final Environmental Impact Statement (FEIS) has been prepared and approved for proposed State Highway 45. The limits of the transportation corridor studied in the FEIS extend from Anderson Mill Road (west of US Highway 183) in Williamson County to FM 685 (northeast of Pflugerville) in Travis County. As a result of public comments submitted through the public hearing process, the limits of the proposed facility have been modified. As now recommended and addressed in the FEIS, the proposed facility would terminate at US 183, with a transition (west of US 183) back to existing RM 620. The total length of the proposed facility is approximately 15 miles.

Alternatives evaluated in the FEIS, and presented at the public hearing, include taking no action (the "no build" alternative) and several possible route alternatives. The primary route alternatives include one route alternative along predominantly existing right-of-way at the western end of the study area; four route alternatives along predominantly new location rights-of-way in the central segment between FM 734/Parmer Lane and IH 35; and three route alternatives on existing and new location rights-of-way in the eastern segment between IH 35 and FM 685.

The proposed facility is intended to alleviate traffic congestion on existing roadways in urbanized Travis and Williamson Counties; to provide an east-west artery linking Austin and the communities of Cedar Park, Leander, Round Rock and Pflugerville; and to increase mobility and access consistent with the transportation plan for the region.

As currently proposed, the ultimate facility design is anticipated to be a controlled access six mainlane roadway within a usual right-of-way of 400 feet. Frontage roads, auxiliary lanes, grade separations and direct connection ramps will be constructed at varying locations, depending on the final alignment and design. The ultimate build-out would also include two high occupancy vehicle lanes with full shoulders.

The proposed State Highway 45 project is being developed as a toll road candidate. Accordingly, in conjunction with other project development related activities, TTA is conducting a study to evaluate the feasibility of developing the proposed project as a toll road and financing it, in whole or in part, through the issuance of revenue bonds.

The State Highway 45 FEIS is available for review at the offices of the TTA, 125 E. 11th Street, Austin, Texas 78701. Copies of the FEIS may be purchased from TTA for the actual cost of reproduction ($62.13).

Copies of the FEIS have also been filed with and are available for public review at the Austin Public Library/Austin History Center (Reading Room), the Cedar Park Public Library, the Round Rock Public Library and the Pflugerville Public Library.

Comments on the FEIS may be submitted to Ms. Stacey Benningfield, Environmental Manager, Texas Turnpike Authority Division, Texas Department of Transportation, 125 E. 11th Street, Austin, Texas 78701-2483. For additional information contact Ms. Benningfield at the address listed above or by telephone at (512) 936-0983.

TRD-200005160

Phillip Russell

Director

Texas Turnpike Authority Division of the Texas Department of Transportation

Filed: July 26, 2000


Notice of Receipt of Unsolicited Proposal

On or about June 28, 2000, the Texas Turnpike Authority, a Division of the Texas Department of Transportation ("TTA") received an unsolicited proposal to develop the "SH 45 South" turnpike project in Travis and Hays Counties, from FM 1626 to US 183, pursuant to an exclusive development agreement with the TTA. On July 7, 2000, the Board of Directors of the TTA authorized the publication of a notice announcing receipt of the proposal and inviting the submission of competing proposals.

Pursuant to the authority granted under Chapter 361 of the Texas Transportation Code, the TTA has promulgated and adopted rules located at 43 Texas Administrative Code, §54.1, et seq., under the caption of "Policy, Rules and Procedures for Private Involvement in Authority Projects" (the "Rules"). These rules generally address private involvement in TTA projects and the submission of solicited and unsolicited proposals for such projects. Section 54.5 of the Rules governs the submission and processing of unsolicited proposals, and requires publication of notice that an unsolicited proposal was received (pursuant to Chapter 361 of the Texas Transportation Code and the TTA's rules, 43 Texas Administrative Code, §54.1 et seq.) if the TTA Board of Directors desires to further evaluate the unsolicited proposal. As noted previously in this notice, the TTA Board of Directors expressed this desire on July 7, 2000.

Description of the Proposal. The unsolicited proposal received on June 28,2000, is for the development of a ten-mile turnpike beginning at FM 1626 on the west with a connection with the planned SH 45 South feeder from Loop 1 to FM 1626 which will be developed by the Texas Department of Transportation. The proposed turnpike will continue eastward to cross and interchange with IH 35, then continue further eastward to an interchange with US 183 and a connection to the proposed SH 130 turnpike. Slip ramp/discontinuous service road connections to FM 1626, IH 35, and US 183 are proposed initially. The unsolicited proposal anticipates the construction of four 12-foot turnpike lanes initially to be followed by 2 additional turnpike lanes when traffic demand warrants. Likewise, the unsolicited proposal anticipates the construction of direct connecting ramps to and from the proposed turnpike, IH 35, and US 183 when traffic volumes warrant. To accommodate the phased expansion of the proposed turnpike, the unsolicited proposal provides for a typical right-of-way width of 349 feet where there are no service roads and 529 feet where there are service roads anticipated. Each of the two right-of-way width sections provides for a 103-foot median between inside shoulders. The unsolicited proposal provides for the construction of two barrier toll plazas.

The unsolicited proposal provides that the developer will acquire the right-of-way, secure original or supplemental environmental clearances, perform all design and construction, and accomplish utility clearance. The proposer has stipulated it will perform operations and maintenance of the proposed turnpike post completion.

Submission of Competing Proposals. Interested parties or consortia are invited to submit competing proposals within 45 days of the date of publication of this notice. Competing proposals must be detailed (as defined in the Rules) and must be submitted in conformance with the Rules and the procedures set forth in this Notice. Failure by a prospective proposer to submit a competing proposal, together with the proper nonrefundable and nonnegotiable proposal review fee in the amount of twenty thousand dollars ($20,000) within the 45-day period following the date of publication of this notice, shall preclude such proposal from consideration by the TTA. The proposal review fee shall be submitted in the form of a cashier's check made payable to the TTA. The TTA will not grant requests to extend the 45-day period; and the receipt of one or more competing proposals during such period will not trigger the posting or publication of a new notice or the commencement of any new 45-day period.

All proposals submitted in response to this notice should be as thorough and detailed as possible. In addition to the information required under the Rules, proposers should also address the potential impacts of the proposed turnpike project on the planned development of the SH 130 turnpike by the TTA.

The TTA reserves all rights available to it by law in administering these rules, including without limitation, the right in its sole discretion to: reject any and all proposals, including the initial unsolicited proposal or competing proposals, at any time; terminate evaluation of any and all proposals at any time; suspend, discontinue or terminate exclusive development agreement negotiations with any proposer at any time prior to the actual authorized execution of such agreement by all parties; negotiate with a proposer without being bound by any provision in its proposal; request or obtain additional information about any proposal(s).

Under no circumstances shall the state, the TTA, TxDOT, or any of their agents, representatives, consultants, directors, officers or employees be liable for, or otherwise obligated to reimburse, the costs incurred by proposers, whether or not selected for negotiations, in developing proposals or in negotiating agreements.

Any and all information the TTA makes available to proposers shall be as a convenience to the proposer and without representation or warranty of any kind. Proposers may not rely upon any oral responses to inquiries.

If a proposer has a question regarding this notice or the Rules, the proposer shall submit the question in writing to the person indicated in this notice. The TTA will provide the answers in writing. In submitting any proposal, the proposer shall be deemed to have unconditionally and irrevocably consented and agreed to the foregoing provisions and all other provisions of this notice and the Rules.

Contacts: Questions concerning this assignment should be submitted in writing to Phillip Russell, Director, Texas Turnpike Authority, 125 East 11th Street, 5th Floor, Austin, Texas 78701.

Submittals: Parties submitting competing proposals pursuant to this notice must provide 12 copies which must be received by the TTA by 5:00 p.m. C.S.T. on the 45th day following publication of this notice (or the first business day thereafter if the 45th day is a weekend or legal holiday). Proposals shall be submitted to Phillip Russell, Director, Texas Turnpike Authority, 125 East 11th Street, 5th Floor, Austin, Texas 78701. Facsimile and/or e-mail submissions are not permitted.

TRD-200005161

Phillip Russell

Director

Texas Turnpike Authority Division of the Texas Department of Transportation

Filed: July 26, 2000


Texas Workforce Commission

Request for Proposals Mentoring Initiative

A. PROPOSAL DESCRIPTION

The Texas Workforce Commission (TWC) is requesting proposals from potential offerors in order to select a single contractor that has the capacity to support statewide training and technical assistance services for Texas mentoring organizations to develop increased capacity for quality youth mentoring throughout Texas. (Mentoring organizations are providers such as human service agencies, schools, faith-based and/or work place programs that provide one on one mentoring services to youth). At minimum, the training and technical assistance function will require staffing and resources to serve minimally 250-400 Texas mentor program providers annually. TWC has identified the following basic services to encompass the training and technical assistance function. The selected contractor will be required to develop and manage the following: training activities, workshops and seminars for program staff of mentoring programs, designing and delivering conference mentoring track at the annual Governor's Volunteer Leadership Conference, ongoing- regional training, individualized technical assistance, networking, act as a resource center of mentoring program materials, ongoing communication such as newsletter, mailings that alert providers to training and consultation opportunities, tracking and evaluation of services, and reporting and integration with ongoing Texas Commission on Volunteerism and Community Service activities.

B. AUTHORIZATION TO AWARD CONTRACT

TWC is authorized to issue this RFP and award contracts under the Texas Labor Code, Chapter 302.

C. AVAILABLE FUNDING

Up to three hundred four thousand five hundred twenty seven dollars ($304,527.00) will be available for the mentoring initiative contract for the 12-month period beginning September 22, 2000, to run through September 21, 2001.

D. ELIGIBLE APPLICANTS

Applicants submitting proposals must complete an Request for Proposal (RFP) Package and provide required documentation as requested in the application in order to be considered eligible.

E. PROJECT SCHEDULE

Application submission deadline is August 28, 2000. The anticipated contract effective date is September 22, 2000.

F. SCORING CRITERIA

The evaluation criteria for this RFP and their relative weights for scoring are: Understanding of Program Content and Client Need, 85 points; Management of Workplan for Scope of Work, 45 points; Offeror's Qualifications, 40 points; Organizational Capacity, 30 points; Budget and Cost Information, 20 points; and Key Financial Controls, 20 points.

G. SELECTION, NOTIFICATION AND NEGOTIATION PROCESS

TWC will use competitive negotiation to determine awards. Proposals will be evaluated and tentatively ranked by TWC. Applicants submitting superior proposals may be invited to make oral presentations to TWC.

H. PAYMENT

The basis of payment for this award shall be reimbursement of actual allowable cost up to budgeted levels and subject to budget limitations.

I. TWC'S CONTACT PERSON

For further information and to request an Application Packet, contact Bill Turner, Texas Workforce Commission, Room 440T, 101 East 15th Street, Austin, TX 78778-0001, (512) 936-3203, fax (512) 936-3420, e-mail address bill.turner@twc.state.tx.us

TRD-200005147

J. Randel (Jerry) Hill

General Counsel

Texas Workforce Commission

Filed: July 26, 2000