The Comptroller of Public Accounts (Comptroller) announces this notice of contract award.

The notice of issuance of the request for proposals from qualified contractors was published in the November 12, 1999, issue of the Texas Register (24 TexReg 10212).

The contractor will provide tax collection services to the Comptroller. The contractor will collect delinquent obligations owed the Comptroller which are not collected through normal collection procedures and do not meet the guidelines adopted for collection by the Attorney General.

The contract is awarded to LTD Financial Services, L.P., 7322 Southwest Freeway, Suite 1600, Houston, Texas 77074. The total amount of the contract will be based on the amounts collected on the referred accounts during the referral periods. The term of the contract is January 24, 2000 through August 31, 2000; with the option to renew for periods beginning September 1, 2000 and September 1, 2001.

TRD-200000725

Pamela Ponder

Senior Legal Counsel

Comptroller of Public Accounts

Filed: February 2, 2000

In accordance with Chapter 2254, Subchapter B, and Section 2305.038, Texas Government Code, the Comptroller of Public Accounts, State Energy Conservation Office, hereby withdraws the Request for Proposals (RFP) to provide energy management workshops, training and curriculum development and consulting assistance to the Local Government Energy Management Program.

The proposal request was published in the November 19, 1999, issue of the Texas Register (24 TexReg 10247).

TRD-200000723

Pamela Ponder

Senior Legal Counsel

Comptroller of Public Accounts

Filed: February 2, 2000

The Department of Health (department) is required under the Occupations Code §157.052, to designate sites serving medically underserved populations. In addition, the department is required to publish notice of its designations in the Texas Register and to provide an opportunity for public comment on the designations.

Accordingly, the department has designated the following as a site serving medically underserved populations: The University of Texas At El Paso-Student Health Center at 2001 Wiggins, El Paso, Texas 79968. Designation is based on proven eligibility as a site serving a disproportionate number of clients eligible for federal, state or locally funded health care programs.

Oral and written comments on this designation may be directed to Bruce Gunn, Bureau of State Health Data and Policy Analysis, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756; (512) 458-7261. Comments will be accepted for 30 days from the publication date of this notice.

TRD-200000709

Susan K. Steeg

General Counsel

Texas Department of Health

Filed:February 1, 2000

The Department of Health (department) is required under the Occupations Code §157.052, to designate sites serving medically underserved populations. In addition, the department is required to publish notice of its designations in the Texas Register and to provide an opportunity for public comment on the designations.

Accordingly, the department has designated the following as a site serving medically underserved populations: The University of Texas Medical Branch at 301 University Boulevard, Galveston Texas 77555. Designation is based on proven eligibility as a site serving a disproportionate number of clients eligible for federal, state or locally funded health care programs.

Oral and written comments on this designation may be directed to Bruce Gunn, Bureau of State Health Data and Policy Analysis, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756; (512) 458-7261. Comments will be accepted for 30 days from the publication date of this notice.

TRD-200000712

Susan K. Steeg

General Counsel

Texas Department of Health

Filed:February 1, 2000

On January 10, 2000, the director of the Bureau of Radiation Control, Texas Department of Health, approved the settlement agreement between the bureau and Harris Methodist Hospital - HEB (licensee-L02303) of Bedford. An administrative penalty in the amount of $4,000 was assessed the licensee for violations of 25 Texas Administrative Code §289.252.

A copy of all relevant material is available for public inspection Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays). Contact Chrissie Toungate, Custodian of Records, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756- 3189, by calling (512) 834-6688, or by visiting the Exchange Building, 8407 Wall Street, Austin, Texas.

TRD-200000710

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 1, 2000

Purpose

The Texas Department of Health (department) is requesting proposals to meet the three goals of the Children and Public Health Innovation Grants. The three goals are referred to as "Parts": Part I (Grants for developing and demonstrating cost-effective prevention and intervention strategies for improving public health outcomes); Part II (Grants to local communities to address disparities in health in minority populations); and Part III (Grants to local communities for essential public health services).

The intent of the department's Innovation Grants is to improve public health outcomes at the community level, using innovations that can be replicated in many places in Texas. To the maximum extent possible, the grants are intended to bring about improvements in health status that are demonstrable or measurable. No funds from the grants will be authorized to pay for direct health care services, except when providing direct health care services is incidental to address an essential public health service within the objectives of a grant.

Eligible Applicants

Eligible applicants for Part I grants are: any person or other entity, public or private, except the department. Eligible applicants for Part II grants are any county, municipality, public health district, or other political subdivision, including hospital districts, or local nonprofit organization in Texas. Eligible applicants for Part III grants are any county, municipality, public health district, or other political subdivision, including hospital districts, in Texas. Applicants may submit proposals for grants under one, two or all three parts, including proposals for multiple projects under more than one part, or proposals for multiple projects under the same part. Such proposals should clearly specify the part(s) for which the proposal seeks funding and the specific amount of funding sought under each part.

Limitations

Funding for the selected proposal will depend upon available state appropriations. The department reserves the right to reject any and all offers received in response to the request for proposals (RFP) and to cancel the RFP if it is deemed in the best interest of the department.

To Obtain RFP

The RFP document may be obtained from Gyl Kovalik, Bureau of State Health Data and Policy Analysis, Texas Department of Health, 1100 West 49th Street, Austin, Texas, 78756, Telephone (512) 458-7261. No copies of the RFP will be released prior to February 18, 2000. The RFP can also be obtained at the following web site: http://www.tdh.state.tx.us/innovation.

Deadlines

Applicants will be given a minimum of 60 calendar days to file proposals after the RFP is released. Proposals must be received by the department on or before the closing date specified in the RFP.

TRD-200000708

Susan K. Steeg

General Counsel

Texas Department of Health

Filed:February 1, 2000

Pursuant to Title 2, Chapters 22 and 32, of the Human Resources Code and 40 TAC §19.2324, the Texas Department of Human Services (TDHS) is announcing an open solicitation period of 30 days (starting the date of this public notice) for the construction of a 90-bed nursing facility in Hartley County, County # 103 , identified in the December 24, 1999 , issue of the Texas Register (24 TexReg 11811). Medicaid contracted nursing facility occupancy rates in Hartley County exceed the threshold (90% occupancy) in each of six months in the continuous period of May 1999 through October 1999. The county occupancy rates for each month of that period were: 92.5%, 93.3%, 92.0%, 93.5%, 95.0%, 93.0% . Potential contractors seeking to construct a 90-bed nursing facility in a high-occupancy area must demonstrate a history of quality care, as specified in §19.2322(d) of this title (relating to Allocation, Reallocation and Decertification Requirements). This rule does not eliminate a new potential Nursing Facility Operator (NFO) who has no history of providing care. The NFO must submit a written reply (as described in 40 TAC §19.2324) to TDHS, Joe D. Armstrong, Facility Enrollment Section, Long Term Care-Regulatory, Mail Code (E-342), P.O. Box 149030, Austin, Texas 78714-9030. The written reply must be received by TDHS before the close of business March 13, 2000, the published ending date of the open solicitation period. Potential contractors who reply as specified above will be allowed 90 days to qualify. To qualify, potential contractors must demonstrate an intent and ability to begin construction of a facility and complete contracting within specified time frames. They must submit a letter of application to TDHS with the following documentation: First, there must be acceptable written documentation showing the ownership of or an option to buy the land on which the proposed facility is or will be located. Second, documentation must include a letter of finance from a financial institution. Third, documentation must include a signed agreement stating that, if selected, the potential contractor will pay liquidated damages if either the 12-month and/or the 24-month deadline(s) described in 40 TAC §19.2324(10) are not met. The signed agreement must also require the potential contractor to provide, within 10 working days after the date of selection, a surety bond or other financial guarantee acceptable to TDHS ensuring payment in the event of default. If the 12-month deadline is not met, liquidated damages are 5% of the estimated total cost of the proposed or completed facility. If the 24-month deadline is not met, liquidated damages are an additional 5% of the estimated total cost of the proposed or completed facility. If two or more potential contractors become eligible to be qualified during the open solicitation period, there will be a lottery selection. Each application must be complete at the time of its receipt. If no potential contractors submit replies during this open solicitation period, TDHS will place another public notice in the Texas Register announcing the reopening of the open solicitation period until a potential contractor replies.

TRD-200000735

Paul Leche

Agency Liaison

Texas Department of Human Services

Filed: February 2, 2000

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

Application for admission to Texas of Claims Management Services, Inc., (doing business under the assumed name of CMS, Inc.), a foreign third party administrator. The home office is Roswell, Georgia.

Any objections must be filed within 20 days after this notice was filed with the Secretary of State, addressed to the attention of Charles M. Waits, MC 107-5A, 333 Guadalupe, Austin, Texas 78714-9104.

TRD-200000705

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: January 31, 2000

1.0 Name and Style of Game.

A. The name of Instant Game No. 186 is "CASH IN". Instant Game No. 186 has two (2) different games and therefore, two (2) different play styles. The play styles of the game are "key number match" and "bonus spot - match 2 out of 3 symbols."

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 186 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 186.

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, $1.00, $2.00, $3.00, $4.00, $5.00, $10.00, $12.00, $100, $15,000, a GOLD BAR symbol, a MONEY BAG symbol, a COIN symbol and a STACK OF CASH symbol.

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

[Figure 1:16 TAC GAME NO. 186 - 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:

[Figure 2:16 TAC GAME NO. 186 - 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 $2.00, $4.00, $5.00, $12.00 or $20.00

H. Mid-Tier Prize - A prize of $40.00 or $100

I. High-Tier Prize - A prize of $1,000 or $15,000

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 (186), a seven (7) digit pack number and a three (3) digit ticket number. Ticket numbers start with 000 and end with 124 within each pack. The format will be : 186-0000001-000.

L. Pack - A pack of "CASH IN" Instant Game tickets contain 125 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of one. Tickets 000 will be on the top page. Ticket 001 will be on the next page and so forth with ticket 124 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 "CASH IN" Instant Game No. 186 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 "CASH IN" Instant Game is determined once the latex on the ticket is scratched off to expose thirty (30) play symbols. If the player matches any of "YOUR NUMBERS" to the "LUCKY NUMBERS" the player wins the prize shown for that number. If the player matches two (2) out of the three (3) symbols in the "CASH DRAWER" the player wins $20 instantly. 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 30 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 30 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 30 Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 30 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 duplicate non-winning "YOUR NUMBERS" on a ticket.

C. There will be no duplicate "LUCKY NUMBERS" on a ticket.

D. There will be no three (3) like symbols in the CASH DRAWER.

2.3 Procedure for Claiming Prizes.

A. To claim a "CASH IN" Instant Game prize of $2.00, $4.00, $5.00, $12.00, $20.00, $40.00 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 $40.00 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 "CASH IN" 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 "CASH IN" 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

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

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

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

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

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

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.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 "CASH IN" 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 "CASH IN" 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 50,000,000 tickets in the Instant Game No. 186. The expected number and value of prizes in the game are as follows:

[Figure 3:16 TAC GAME NO. 186- 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. 186 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. 186, 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-200000553

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: January 26, 2000

1.0 Name and Style of Game.

A. The name of Instant Game No. 176 is "CASH VAULT". Instant Game No. 176 has three (3) different games and therefore, three (3) different play styles. The play styles of the game are "key number match with auto win", "match 3 of 9 with auto win", and "bonus spot."

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 176 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 176.

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, $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $100, $500, $1,000, $20,000 and a GOLD BAR symbol.

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

Figure 1:16 TAC GAME NO. 176 - 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:

Figure 2:16 TAC GAME NO. 176 - 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 $2.00, $4.00, $5.00, $10.00 or $20.00

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

I. High-Tier Prize - A prize of $1,000 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 (176), a seven (7) digit pack number and a three (3) digit ticket number. Ticket numbers start with 000 and end with 124 within each pack. The format will be : 176-0000001-000.

L. Pack - A pack of "CASH VAULT" Instant Game tickets contain 125 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of one. Tickets 000 will be on the top page. Ticket 001 will be on the next page and so forth with ticket 124 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 "CASH VAULT" Instant Game No. 176 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 "CASH VAULT" Instant Game is determined once the latex on the ticket is scratched off to expose thirty-three (33) play symbols. In GAME 1, if the player matches any of "YOUR NUMBERS" to either "WINNING NUMBER" the player wins the prize for that number. If the player reveals a GOLD BAR symbol the player wins five (5) times that prize amount automatically. In GAME 2, if the player gets three (3) like dollar amounts the player wins that amount. If the player gets two (2) like dollar amounts plus a GOLD BAR symbol, the player wins five (5) times that dollar amount. In the BONUS SPOT, if two (2) like amounts are revealed, the player wins that amount. 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 33 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 33 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 33 Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 33 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 duplicate "WINNING NUMBERS" on a ticket.

C. There will be no duplicate non-winning "YOUR NUMBERS" on a ticket.

D. There will be no 3 or more pairs in Game 2.

E. There will be no 4 or more of a kind in Game 2.

2.3 Procedure for Claiming Prizes.

A. To claim a "CASH VAULT" Instant Game prize of $2.00, $4.00, $5.00, $10.00, $20.00, $50.00 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 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 "CASH VAULT" 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 "CASH VAULT" 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

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

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

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

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

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

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.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 "CASH VAULT" 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 "CASH VAULT" 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. 176. The expected number and value of prizes in the game are as follows:

Figure 3:16 TAC GAME NO. 176- 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. 176 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. 176, 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-200000554

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: January 26, 2000

1.0 Name and Style of Game.

A. The name of Instant Game No. 187 is "SWEETHEART CASH." The play style of the game is a "key symbol match with auto win" play style.

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 187 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 187.

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: $1.00, $2.00, $3.00, $5.00, $10.00, $20.00, $100, $1,000, a BOW and ARROW, a RING, a PAIR OF LIPS, a PIECE OF CANDY, a DIAMOND, a NECKLACE, a ROSE, a GIFT BOX, a DOLLAR BILL and a CUPID symbol.

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

[Figure 1:16 TAC GAME NO. 187 - 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:

[Figure 2:16 TAC GAME NO. 187 - 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, $3.00, $5.00, $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

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 (187), 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: 187-0000001-000.

L. Pack - A pack of "SWEETHEART CASH" Instant Game tickets contain 249 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of five. Tickets 000 to 004 will be on the top page. Tickets 005 to 009 will be on the next page and so forth with tickets 245 to 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 "SWEETHEART CASH" Instant Game No. 187 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 "SWEETHEART CASH" Instant Game is determined once the latex on the ticket is scratched off to expose twelve (12) play symbols. If the player matches any of "YOUR SYMBOLS" to either of the "LUCKY SYMBOLS" the player wins the prize shown for that symbol. If the player reveals a "CUPID" symbol, the player wins that prize 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 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. Consecutive non-winning tickets will not have identical play data, spot for spot.

B. There will be no duplicate non-winning prize symbols on a ticket.

C. There will be no duplicate non-winning "YOUR SYMBOLS" on a ticket.

D. There will be no duplicate "LUCKY SYMBOLS" on a ticket.

2.3 Procedure for Claiming Prizes.

A. To claim a "SWEETHEART CASH" Instant Game prize of $1.00, $2.00, $3.00, $5.00, $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 "SWEETHEART CASH" 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 "SWEETHEART CASH" 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

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

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

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

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

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

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.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 "SWEETHEART CASH" 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 "SWEETHEART CASH" 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 20,000,000 tickets in the Instant Game No. 187. The expected number and value of prizes in the game are as follows:

[Figure 3:16 TAC GAME NO. 187- 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. 187 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. 187, 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-200000555

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: January 26, 2000

Health and Human Services Commission and Texas Department of Mental Health and Mental Retardation Notice of Joint Public Hearing on Reimbursement Rates for Medicaid Rehabilitative Services and 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 Medicaid rehabilitative services for persons with mental illness and service coordination for persons with mental illness, mental retardation, or a related condition effective April 1, 2000, through August 31, 2000. The 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 joint public hearing will be held on Monday, February 28, 2000, at 9:00 a.m. in the auditorium 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 Monday, February 28, 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.

TRD-200000719

Charles Cooper

Chairman, Texas MHMR Board

Texas Department of Mental Health and Mental Retardation

Filed: February 2, 2000

Notice is given that FMR TEXAS LIMITED PARTNERSHIP, 2275 Precinct Line Road, Box 2, Westlake, Texas 76262, applicant, seeks a permit pursuant to Texas Water Code §11.143 and Texas Natural Resource Conservation Commission Rules 30 TAC §§ 295.1, et seq. FMR Texas Limited Partnership submitted Application No. 5670 on September 7, 1999. The application was declared administratively complete on January 17, 2000. The Executive Director recommends that public notice of the application be given pursuant to 30 TAC §295.152. Pursuant to 30 TAC §295.153, this notice is being mailed to the downstream water right owners in the Trinity River Basin. The applicant seeks authorization to modify and maintain two (2) existing dams and reservoirs on an unnamed tributary (locally called Golf Course Creek) of Marshall Branch, tributary of Denton Creek, tributary of East Fork Trinity River, tributary of the Trinity River, Trinity River Basin. The two lakes, when modified, will cover an area of approximately 18 acres and impound a total of 99.2 acre-feet of water. The adjacent reservoirs will be used for recreational use in a commercial campus in Tarrant County, Texas. The center point of the dam for South Lake is located at Latitude 97.20°N, Longitude 32.98° and the center point of the dam for North Lake is located at Latitude 97.19° and 32.99°W, in the Memucan Hunt Original Survey, Abstract No. 756, approximately 15 miles Northeast of Fort Worth, Texas.

SONJA ROSE KLEIN, P. O. Box 192, Barksdale, Texas 78828, applicant, seeks a permit pursuant to Texas Water Code (TWC) §11.121 and §11.143, and Texas Natural Resource Conservation Commission Rules 30 TAC §§ 295.1, et seq. The applicant seeks authorization to divert and use water for irrigation purposes from an existing domestic and livestock reservoir constructed pursuant to TWC §11.142 on Bullhead Creek, tributary of the Nueces River, Nueces River Basin, Real County. The reservoir is approximately 12.8 miles northwest of Leakey, Texas and the midpoint of the dam is N 58°W, 1383 feet from the southeast corner of the T. W. N. G. R. R. Co. Survey No. 17, Abstract No. 853, Real County, also being 29.8396°N Latitude and 99.9248°W Longitude. The reservoir impounds 6 acre-feet of water and has a surface area of 1 acre. The applicant seeks authorization to divert not to exceed 40 acre-feet of water per annum from the perimeter of the reservoir and from a point immediately upstream of the reservoir on Bullhead Creek for irrigation of 40 acres of land out of a 347.35 acre tract in the aforesaid survey. Ownership of the land to be irrigated by the applicant is evidenced by a Warranty Deed recorded in Volume 13, Page 611 in the Official Records of Real County, Texas. The upstream diversion point is approximately 12.8 miles northwest of Leakey and is N55.9°W, approximately 1616 feet from the southeast corner of the aforesaid survey, also being 29.8401°N Latitude and 99.9254°W Longitude. The combined maximum diversion rate will be 0.56 cfs (250 gpm).

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 any proposed conditions to the requested amendment which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the TNRCC 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 issue the requested amendment and may forward the application 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 at 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-200000732

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: February 2, 2000

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 March 13, 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 March 13, 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: All American Chevrolet, Inc.; DOCKET NUMBER: 1999-1355-IHW-E; IDENTIFIER: Industrial Hazardous Waste Number 67534; LOCATION: San Angelo, Tom Green County, Texas; TYPE OF FACILITY: automobile dealership; RULE VIOLATED: 30 TAC §335.2(b), by failing to send hazardous waste to an authorized treatment, storage, or disposal facility; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Mark Newman, (915) 655-9479; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(2) COMPANY: Mohammed Aqil; DOCKET NUMBER: 1999-1124-PWS-E; IDENTIFIER: Public Water Supply (PWS) Number 1012715; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.106(a) and (e)(2), and the Code, §341.033(d), by failing to submit water samples for bacteriological analysis and provide public notice of failure to submit bacteriological samples; PENALTY: $1,200; ENFORCEMENT COORDINATOR: Kimberly McGuire, (512) 239-4761; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3) COMPANY: BFI Waste Systems of North America, Inc.; DOCKET NUMBER: 1999-1251- AIR-E; IDENTIFIER: Air Account Number JI-0046-S; LOCATION: Abilene, Jones County, Texas; TYPE OF FACILITY: municipal solid waste; RULE VIOLATED: 30 TAC §122.130(b)(1), by failing to submit an abbreviated federal operating permit application; and 30 TAC §122.121, by operating an affected emission units with a federal permit; PENALTY: $1,800; ENFORCEMENT COORDINATOR: Kara Dudash, (915) 698-9674; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(4) COMPANY: DDS Aggregates, Inc.; DOCKET NUMBER: 1999-0928-MWD-E; IDENTIFIER: Enforcement Identification Number 13969; LOCATION: Cleveland, Liberty County, Texas; TYPE OF FACILITY: sand and gravel mining; RULE VIOLATED: the Code, §26.121, by allowing an unauthorized discharge of process wastewater from a sand and gravel mining operation; PENALTY: $3,125; ENFORCEMENT COORDINATOR: Cathy Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(5) COMPANY: Door to Recovery, Inc.; DOCKET NUMBER: 1999-0910-MWD-E; IDENTIFIER: Permit Number 13941-001; LOCATION: Liverpool, Brazoria County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125, Permit Number 13941-001, and the Code, §26.121, by failing to prevent unauthorized discharges and conduct effluent monitoring and testing; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Michelle Harris, (512) 239-0492; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.

(6) COMPANY: El Paso County Water Improvement District No. 1; DOCKET NUMBER: 1999- 1464-AIR-E; IDENTIFIER: Air Account Number EE-2055-E; LOCATION: Canutillo, El Paso County, Texas; TYPE OF FACILITY: gas dispensing; RULE VIOLATED: 30 TAC §115.252(2) and the Act, §382.085(b), by allegedly allowing the transfer of gasoline from a storage vessel with a Reid Vapor Pressure greater than seven pounds per square inch absolute; PENALTY: $600; ENFORCEMENT COORDINATOR: Stacey Young, (512) 239-1899; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634.

(7) COMPANY: Environmental Recovery & Recycling, Inc.; DOCKET NUMBER: 1999-1247- MSW-E; IDENTIFIER: Municipal Solid Waste (MSW) Permit Number 44114; LOCATION: Stamford, Haskell County, Texas; TYPE OF FACILITY: tire storage; RULE VIOLATED: 30 TAC §330.809(b)(4), by failing to obtain all required state and local permits, licenses, or registrations; and 30 TAC §330.811(a), (c), (e), (f), (h), and (i), by failing to be designed so that health, welfare, and safety of operators, transporters, and others who utilize the site are maintained, to maintain all weather access roads for designated fire lanes, to maintain appropriate vector controls, completely fenced with a chain-link type security fence at least six feet in height, to have large capacity dry chemical fire extinguishers located in strategically-placed enclosures, and to maintain suitable drainage structures or features to divert the flow of rainfall runoff; PENALTY: $10,800; ENFORCEMENT COORDINATOR: Troy Jordan, (915) 698-9674; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(8) COMPANY: Russell Worthen dba F & W Industries Ltd., Inc.; DOCKET NUMBER: 1999- 0918-AIR-E; IDENTIFIER: Air Account Number EB-0422-A; LOCATION: Odessa, Ector County, Texas; TYPE OF FACILITY: portable dry abrasive cleaning plant; RULE VIOLATED: 30 TAC §116.110(a) and the Act, §382.085(b) and §382.0518(a), by failing to obtain a permit or meet the conditions of a standard exemption; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Dan Landenberger, (915) 570-1359; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(9) COMPANY: G-M Water Supply Corporation; DOCKET NUMBER: 1999-1099-PWS-E; IDENTIFIER: PWS Number 2020067; LOCATION: Hemphill, Sabine County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.106(a)(1), by failing to specify the sample location on the coliform sample site plan; 30 TAC §290.46(e)(1), (j), and (p)(1) and (2), by failing to employ two certified water works operators, perform customer service inspections on all new and modified connections, and perform annual inspections of ground storage and pressure tanks; 30 TAC §290.44(d) and §290.46(u), by failing to maintain a distribution pressure of 35 pounds per square inch; and 30 TAC §290.45(a), (b)(1)(C)(ii) and (iii), (b)(1)(D)(ii) and (iii), (b)(1)(D)(iv) and (v), and (f)(3), (4), and (5), by failing to provide a service pump pass-through capacity of 0.6 gallons per minute (gpm) per connection, provide a total storage capacity of 200 gpm per connection, provide a service pump capacity of 2.0 gpm, provide a elevated storage capacity of 100 gpm, provide emergency power supply to provide 0.35 gpm, establish a maximum daily and hourly purchase rate in the purchase water contract, and provide maximum production capacity of 0.6 gpm; PENALTY: $10,500; ENFORCEMENT COORDINATOR: Susan Kelly, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(10) COMPANY: Greenbrier Operating Company; DOCKET NUMBER: 1999-0763-AIR-E; IDENTIFIER: Air Account Number HN-0306-J; LOCATION: near McCook, Hidalgo County, Texas; TYPE OF FACILITY: natural gas compression station; RULE VIOLATED: 30 TAC §122.130(a)(3), §122.121, and the Act, §382.085(b), by failing to obtain a Title V permit or submit an initial abbreviated application; and 30 TAC §116.110(a), §106.352(2), and the Act, §382.085(b), by failing to obtain a permit or meet the conditions of a standard exemption; PENALTY: $3,600; ENFORCEMENT COORDINATOR: Fara O'Neal, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(11) COMPANY: Hotel Paso Del Norte, Inc.; DOCKET NUMBER: 1999-0843-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 0056571; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: public hotel; RULE VIOLATED: 30 TAC §334.50(b)(2) and the Code, §26.3475, by failing to monitor piping; 30 TAC §334.51(b)(2)(A), (B), and (C), and the Code, §26.3475, by failing to equip the fill pipe of an underground storage tank with a tight-fill fitting, adaptor, or similar device; 30 TAC §334.49(e), by failing to have appropriate corrosion protection records; and 30 TAC §334.93(a) and (b), by failing to demonstrate financial responsibility; PENALTY: $5,600; ENFORCEMENT COORDINATOR: Rebecca Cervantes, (915) 778-9634; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634.

(12) COMPANY: Khalil's Zoom-In Market, Inc.; DOCKET NUMBER: 1999-1220-PST-E; IDENTIFIER: PST Facility Identification Number 0034297; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(2) and the Act, §382.085(b), by failing to have the annual pressure decay testing performed; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Julia McMasters, (512) 239-5839; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(13) COMPANY: Franklin Barron dba formerly Lakeway Village & Grocery; DOCKET NUMBER: 1999-0993-PST-E; IDENTIFIER: PST Facility Identification Number 28128; LOCATION: Brownwood, Brown County, Texas; TYPE OF FACILITY: gas station; RULE VIOLATED: 30 TAC §334.55(a)(3), by failing to have an underground storage tank (UST) permanently removed from service by qualified personnel; and 30 TAC §334.21, by failing to pay the required UST fees; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Kara Dudash, (915) 698-9674; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(14) COMPANY: Mickey Garner dba Majic Enterprizes; DOCKET NUMBER: 1999-0961-AIR- E; IDENTIFIER: Air Account Number TA-3822-R; LOCATION: Kennedale, Tarrant County, Texas; TYPE OF FACILITY: thermoset resin spraying plant; RULE VIOLATED: 30 TAC §116.110(a) and the Act, §382.0518(a) and §382.085(b), by failing to obtain a permit or satisfy the conditions for exempt facilities; PENALTY: $3,200; ENFORCEMENT COORDINATOR: Michael De La Cruz, (512) 239-0259; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010- 6499, (817) 469-6750.

(15) COMPANY: Maxey Energy Company; DOCKET NUMBER: 1998-0834-PST-E; IDENTIFIER: PST Facility Identification Number 0023529; LOCATION: Uvalde, Uvalde County, Texas; TYPE OF FACILITY: underground storage tank; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and (2)(B), and the Code, §26.3475, by failing to provide release detection for the used oil tank; and 30 TAC §334.51(b)(1)(A) and (2)(C), and the Code, §26.3475, by failing to have tight-fill fitting, adapter, or similar device installed, have spill containment equipment installed, and have overfill prevention equipment installed; PENALTY: $8,000; ENFORCEMENT COORDINATOR: Malcolm Ferris, (210) 490-3096; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096.

(16) COMPANY: Eddie McFarland; DOCKET NUMBER: 1999-1258-PWS-E; IDENTIFIER: Waterworks Operator Certificate Number 438-41-6605; LOCATION: Jasper, Jasper County, Texas; TYPE OF FACILITY: waterworks operator; RULE VIOLATED: 30 TAC §290.46(g) and (s), by failing to disinfect a repaired water line, issue boil water notices, and submit water samples from the repaired water line; PENALTY: $0; ENFORCEMENT COORDINATOR: Terry Thompson, (512) 239-6095; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(17) COMPANY: Gary McCuvvins dba Melody Ranch Sales; DOCKET NUMBER: 1999-1269- AIR-E; IDENTIFIER: Air Account Number TA-3752-N; LOCATION: Mansfield, Tarrant County, Texas; TYPE OF FACILITY: used car lot; RULE VIOLATED: 30 TAC §114.20(c)(1) and the Act, §382.085(b), by offering for sale a vehicle with missing or inoperable emission control devices; PENALTY: $600; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 469-6750; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(18) COMPANY: Sam Aboul-Jibin dba Mondial Sales and Services Center; DOCKET NUMBER: 1999-0964-AIR-E; IDENTIFIER: Air Account Number TA-3907-I; LOCATION: Arlington, Tarrant County, Texas; TYPE OF FACILITY: used car lot; RULE VIOLATED: 30 TAC §114.20(c)(1) and the Act, §382.085(b), by offering for sale a vehicle with missing or inoperable emission control devices; PENALTY: $1,000; ENFORCEMENT COORDINATOR: Michael De La Cruz, (512) 239-0259; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(19) COMPANY: Mooney Aircraft; DOCKET NUMBER: 1999-1187-AIR-E; IDENTIFIER: Air Account Number KF-0007-V; LOCATION: Kerrville, Kerr County, Texas; TYPE OF FACILITY: aircraft manufacturing; RULE VIOLATED: 30 TAC §122.121, §122.130(b)(1), and the Act, §382.054, by failing to submit an initial abbreviated federal operating permit; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Malcolm Ferris, (210) 490-3096; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096.

(20) COMPANY: Pantex Manufacturing, Incorporated; DOCKET NUMBER: 1999-1268-AIR-E; IDENTIFIER: Air Account Number KB-0058-C; LOCATION: Kaufman, Kaufman County, Texas; TYPE OF FACILITY: baking pan manufacturing; RULE VIOLATED: 30 TAC §116.110(a) and the Act, §382.085(b) and §382.0518(a), by failing to obtain a permit for a batch vapor degreaser; 30 TAC §113.100, §113.250, and the Act, §382.085(b), by failing to meet the requirements of 40 Code of Federal Regulations (CFR) 63 Subparts A and T; and 30 TAC §122,121, §122,130(b), and the Act, §382.085(b) and §382.054, by failing to submit a timely and complete initial abbreviated federal operating permit application; PENALTY: $12,500; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 469-6750; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(21) COMPANY: Rakesh Korpal dba Pantry Place; DOCKET NUMBER: 1999-0830-PST-E; IDENTIFIER: PST Facility Identification Number 0008060; LOCATION: Silsbee, Hardin County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.221 and the Act, §382.085(b), by failing to install Stage I vapor recovery system (VRS); and 30 TAC §115.241 and the Act, §382.085(b), by failing to install Stage II VRS; PENALTY: $2,520; ENFORCEMENT COORDINATOR: Susan Kelly, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(22) COMPANY: Mr. Carl Rangel; DOCKET NUMBER: 1999-1033-OSI-E; IDENTIFIER: Enforcement Identification Number 13982; LOCATION: Alvord, Wise County, Texas; TYPE OF FACILITY: on-site sewage; RULE VIOLATED: 30 TAC §285.58(a)(3) and (11), and the Code, §366.051(c) and §366.055(c), by failing to have obtained the necessary permitting authorities authorization before installing an on-site sewage facility and failing to notify the permitting authority that the system was ready for inspection; PENALTY: $400; ENFORCEMENT COORDINATOR: Kent Heath, (512) 239-4575; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(23) COMPANY: Rhodia, Incorporated; DOCKET NUMBER: 1999-0894-IHW-E; IDENTIFIER: Industrial Solid Waste Registration Number 31019; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: sulfuric acid generation; RULE VIOLATED: 30 TAC §335.6(c), by failing to update and correct the notice of registration and adequately demonstrate the automatic waste feed cut-off system consistently; PENALTY: $5,472; ENFORCEMENT COORDINATOR: Billie Zaporteza, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(24) COMPANY: Mr. Bob Farrar dba Ride-On Motors; DOCKET NUMBER: 1999-1228-AIR-E; IDENTIFIER: Air Account Number DB-1741-0; LOCATION: Garland, Dallas County, Texas; TYPE OF FACILITY: used car sales; RULE VIOLATED: 30 TAC §114.20(c) and the Act, §382.085(b), by offering for sale a vehicle with missing or inoperable emission control devices; PENALTY: $800; ENFORCEMENT COORDINATOR: Wendy Penland, (817) 469-6750; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(25) COMPANY: Johnny Smith dba Johnny Smith Used Cars; DOCKET NUMBER: 1999-0962- AIR-E; IDENTIFIER: Air Account Number TA-3236-N; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: used car lot; RULE VIOLATED: 30 TAC §114.20(c)(1) and the Act, §382.085(b), by offering for sale a vehicle with missing or tampered emission control devices; PENALTY: $625; ENFORCEMENT COORDINATOR: Michael De La Cruz, (512) 239- 0259; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(26) COMPANY: Mr. Bill Sisson dba Southwest Sports Plex; DOCKET NUMBER: 1999-1092- PWS-E; IDENTIFIER: PWS Number 1520227; LOCATION: Lubbock, Lubbock County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(f)(1)(A), by failing to operate the chlorination facilities so as to maintain a free chlorine residual of 0.2 milligrams per liter; and 30 TAC §290.45(d)(2)(A)(ii), by failing to meet the agency's minimum water system capacity requirements; PENALTY: $1,125; ENFORCEMENT COORDINATOR: Gary Shipp, (806) 796-7092; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(27) COMPANY: Mr. Mohammad Arif dba Super Star #3; DOCKET NUMBER: 1999-1066- PST-E; IDENTIFIER: PST Identification Number 0027472; LOCATION: Vidor, Orange County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.221 and the Act, §382.085(b), by failing to install an approved Stage I VRS; and 30 TAC §115.241 and the Act, §382.085(b), by failing to install an approved Stage II VRS; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Laura Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(28) COMPANY: Ultramar Diamond Shamrock, L. P.; DOCKET NUMBER: 1999-0401-AIR-E; IDENTIFIER: Air Account Number LK-0009-T; LOCATION: Three Rivers, Live Oak County, Texas; TYPE OF FACILITY: petroleum refining; RULE VIOLATED: 30 TAC §101.20(1), Permit Number 31512, and 40 CFR §§60.46b(e)(1), 60.49b(c) and (g)(1)-(10), 60.105(a)(5), by failing to conduct performance test, to install on the Amine Thiosulfate Unit an instrument for continuously monitoring and recording the concentration of sulfur dioxide emissions, to submit a plan which identifies the operating conditions to be monitored using a Predictive Emission Monitoring System, and to make records of operation available upon request; PENALTY: $8,740; ENFORCEMENT COORDINATOR: Gary McDonald, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(29) COMPANY: Valero Refining Company - Texas; DOCKET NUMBER: 1998-1412-AIR-E; IDENTIFIER: Air Account Number GB-0073-P; LOCATION: Texas City, Galveston County, Texas; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §116.115(c), Permit Numbers 7720, 8782A, 22098, 4393A, and 20593, and the Act, §382.085(b), by continuing to operate Heater H-29 when a performance test indicated an exceedance, by operating Boiler B-11 when a performance test indicated an exceedance, by failing to monitor, by exceeding the allowable sulfur limit of 1.5 weight permit in the fluid catalytic cracking unit, by exceeding the limit for the Number 3 Crude Unit of 75,000 barrels per day, and by exceeding the loading rate limit of 2,000 barrels per hour for methyl tertiary butyl ether; PENALTY: $174,455; ENFORCEMENT COORDINATOR: Ro Bali, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-200000706

Paul Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed:February 1, 2000

The Texas Natural Resource Conservation Commission (TNRCC or commission) will conduct a public hearing to receive testimony regarding new 30 TAC Chapter 230, relating to Groundwater Availability Certification for Platting. This notice is given under the requirements of the Texas Government Code, Subchapter B, Chapter 2001.

The purpose of the proposed rules is to implement the provisions of Senate Bill (SB) 1323, 76th Legislature, 1999, which added §212.0101 and §232.0031 to the Local Government Code. Under Local Government Code, §212.0101(b) and §232.0031(b), the commission, by rule, is required to establish the appropriate form and content of a groundwater availability certification to be attached to plat applications. The proposed rules have been developed to establish the appropriate form and content of the certification.

A public hearing on the proposed rules will be held in Austin on March 7, 2000, at 2:00 p.m. in Building F, Room 3202A at the Texas Natural Resource Conservation Commission complex, located at 12100 Park 35 Circle. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not occur during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and answer questions before and after the hearing.

Comments may be submitted to Angela Slupe, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. Comments must be received by 5:00 p.m., March 13, 2000, and should reference Rule Log Number 1999-028-230- WT. For further information, please contact Mary Ambrose at (512) 239-4813.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the agency at (512) 239-4900. Requests should be made as far in advance as possible.

TRD-200000571

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: January 27, 2000

Notice is hereby given that under the requirements of Texas Health and Safety Code,§382.017; Texas Government Code, Subchapter B, Chapter 2001; and 40 Code of Federal Regulations, §51.102, of the United States Environmental Protection Agency (EPA), regulations concerning State Implementation Plans (SIP), the Texas Natural Resource Conservation Commission will conduct a public hearing to receive testimony concerning revisions to the State Implementation Plan (SIP) concerning Emission Reduction Strategy for Eastern and Central Texas and Northeast Texas Flexible Attainment Region.

The agreed order and revised SIP would make certain local ozone precursor emission reductions federally enforceable. Eastman Chemical Company, Texas Operations has committed to obtaining these reductions through the following means: installing clean burn technology on one engine on or before April 30, 2000; shutting down a grandfathered cooling tower engine on or before April 30, 2000 and two additional engines on or before July 31, 2002; shutting down three grandfathered gas- fired boilers on or before July 31, 2002; shutting down five grandfathered olefins hydration natural gas fired engines on or before July 31, 2002; shutting down two coal-fired boilers on or before July 31, 2002; re-routing fugitive volatile organic compound (VOC) emissions and ethylene emissions; and implementing additional operational improvements for VOC emission reductions. These controls are expected to result in an estimated reduction in oxides of nitrogen (NO _x ) emissions of 1671.5 tons per year (tpy) and a reduction in VOC emissions of 386 tpy. These NO _x reductions implement control strategies outlined in Section 2.5.3 of the proposed Emission Reduction Strategy for the Eastern and Central Portion of Texas, as well as the contingency measures in Part B and General Provision Section 3 of the Northeast Texas Flexible Attainment Region Memorandum of Agreement.

A public hearing on this proposal will be held in Longview, Texas on March 2, 2000, at 7:00 p.m. at the Longview City Hall Council Chambers, located at 300 West Cotton Street. Individuals may present oral statements when called upon in order of registration. Open discussion will not occur during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing.

Written comments may be mailed to Lola Brown, MC 205, Office of Environmental Policy, Analysis, and Assessment, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Comments must be received by 5:00 p.m., March 13, 2000, and should reference Rule Log Number 1999-022-SIP-AI. For further information on this proposal, please contact Heather Evans, of the SIP Development Section, at (512) 239-1970.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the agency at (512) 239-4900. Requests should be made as far in advance as possible.

TRD-200000681

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed:January 31, 2000

The State Office Administrative Hearing has issued a Proposal for Decision and Order to the Texas Natural Resource Conservation Commission on January 21, 2000 . In the matter of Texas Industrial Scrap Iron and Metal, Inc; SOAH Docket No.582-99-2446; TNRCC Docket No. 1998-1303-AIR-E. In the matter to be considered by the Texas natural Resource Conservation Commission on a date and time to be determined by the Chief Clerk's Office in Room 201S of Building E, 12118 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to comment on Proposal for Decision and Order. Comment period will end 30 days from date of publication. If you have any questions or need assistance, please contact Doug Kitts, Chief Clerk's Office, (512) 239-3317.

TRD-200000728

Douglas A. Kitts

Agenda Coordinator

Texas Natural Resource Conservation Commission

Filed: February 2, 2000

The State Office Administrative Hearing has issued a Proposal for Decision and Order to the Texas Natural Resource Conservation Commission on January 26, 2000 . In the matter of the Appeal of Willis Reed dba Reed Distributing Co., Inc.; SOAH Docket No.582-99-0690; TNRCC Docket No.19998-0915-PST-E. In the matter to be considered by the Texas natural Resource Conservation Commission on a date and time to be determined by the Chief Clerk's Office in Room 201S of Building E, 12118 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to comment on Proposal for Decision and Order. Comment period will end 30 days from date of publication. If you have any questions or need assistance, please contact Doug Kitts, Chief Clerk's Office, (512) 239-3317.

TRD-200000729

Douglas A. Kitts

Agenda Coordinator

Texas Natural Resource Conservation Commission

Filed: February 2, 2000

The State Office Administrative Hearing has issued a Proposal for Decision and Order to the Texas Natural Resource Conservation Commission on January 27, 2000 . Petition of the Executive Director of the Natural Resource Conservation Commission Against Syed Mohiuddin dba 3M Gas & Food; SOAH Docket No. 582-99-1189; TNRCC Docket No.1998-0718-PST-E. In the matter to be considered by the Texas natural Resource Conservation Commission on a date and time to be determined by the Chief Clerk's Office in Room 201S of Building E, 12118 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to comment on Proposal for Decision and Order. Comment period will end 30 days from date of publication. If you have any questions or need assistance, please contact Doug Kitts, Chief Clerk's Office, (512) 239-3317.

TRD-200000730

Douglas A. Kitts

Agenda Coordinator

Texas Natural Resource Conservation Commission

Filed: February 2, 2000

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application for certification as "independent organization" on January 27, 2000, pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated §39.151 (Vernon 1998 & Supp. 2000).

Docket Style and Number: Application of the ERCOT ISO for Certification as the Independent Organization to Perform Transmission and Distribution Access, Reliability, Information Exchange, and Settlement Functions. Docket Number 22061.

The Application: The Electric Reliability Council of Texas Independent System Operator (ERCOT ISO) filed with the Public Utility Commission of Texas an application for certification as the "independent organization" to perform transmission and distribution access, reliability, information exchange, and settlement functions, pursuant to §39.151(b) and (g) of the Public Utility Regulatory Act (PURA). The ERCOT ISO requests certification be granted within 90 days of the filing of its application.

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. 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. The deadline for filing comments in this proceeding is February 18, 2000.

TRD-200000690

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed:January 31, 2000

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of a petition for approval of a standard generation interconnection agreement on January 25, 2000.

Docket Style and Number: Petition of the Electric Reliability Council of Texas, Inc. for Approval of the Standard Generation Interconnection Agreement. Docket Number 22052.

The Application: The Electric Reliability Council of Texas filed with the Public Utility Commission of Texas a petition for approval of a standard generation interconnection agreement. The following stakeholders support the standard agreement: City Public Service, LG&E Power, Inc., Calpine Corporation, Reliant Energy HL&P, Tenaska, TXU Electric Company, Central and Southwest Corporation, Austin Energy, Coral Power, L.L.C., Dynegy, Inc., Lower Colorado River Authority, and Pan Canadian Energy Services, Inc.

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. 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. The deadline for filing comments in this proceeding is February 17, 2000.

TRD-200000603

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed:January 28, 2000

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) on January 27, 2000, of an order initiating a proceeding to establish the Electric Reliability Council of Texas (ERCOT) transmission charges for 2000 pursuant to P.U.C. Substantive Rule §25.192.

Docket Title and Number: Docket Number 22055, Proceeding to Establish ERCOT Transmission Charges for 2000 Pursuant to P.U.C. Substantive Rule §25.192.

The Proceeding: The commission's rule on transmission pricing calls for transmission rates to be based on the most-recent peak loads. Entities serving load in ERCOT are to file peak load information with the Electric Reliability Council of Texas Independent System Operator (ERCOT ISO), and it is to compile this information and reconcile discrepancies. The ERCOT ISO has received information on 1999 peak loads from the entities that serve load and is expected to file this information with the commission soon. This proceeding is initiated to determine transmission rates and charges for transmission customers for 2000, in the manner provided in P.U.C. Substantive Rule §25.192.

Persons who wish to intervene in the proceeding, or comment upon the action sought, should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than February 25, 2000. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200000537

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 26, 2000

On January 24, 2000, Southwestern Bell Telephone Company and DPI-Teleconnect, 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 22044. 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 22044. 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 February 22, 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 Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 22044.

TRD-200000517

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 26, 2000

On January 24, 2000, Southwestern Bell Telephone Company and Advanced Communicating Techniques, 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 22046. 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 22046. 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 February 22, 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 Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 22046.

TRD-200000518

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 26, 2000

On January 26, 2000, Southwestern Bell Telephone Company and Rosebud Cotton Company doing business as Rosebud Telephone, 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 22058. 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 22058. 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 February 24, 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 22058.

TRD-200000689

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 31, 2000

The Public Utility Commission of Texas (commission) has cancelled the workshop scheduled on Wednesday, February 16, 2000, beginning at 9:30 a.m., in the Commissioners' Hearing Room on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. This workshop was scheduled in Project Number 21899, Rulemaking to Address Compensation for Exchange of Internet Service Provider Traffic, for the purpose of discussing a rulemaking to address compensation arrangements between telecommunications providers for the exchange of internet service provider traffic.

Questions about Project Number 21899 may be referred to Bridget Rabel, Office of Policy Development, (512) 936-7216, bridget.rabel@puc.state.tx.us . Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200000590

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 27, 2000

On January 26, 2000, Southwestern Bell Telephone Company and Prism Operations, LLC, 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 22059. 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 22059. 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 February 24, 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 Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 22059.

TRD-200000602

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed:January 28, 2000

On January 27, 2000, 2nd Century 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 22063. 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 22063. 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 February 24, 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 22063.

TRD-200000691

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed:January 31, 2000

On January 27, 2000, New Edge Network, Inc. doing business as New Edge Networks 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 22064. 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 22064. 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 February 24, 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 22064.

TRD-200000692

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 31, 2000

On January 27, 2000, Jato Operating Corporation 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 22065. 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 22065. 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 February 24, 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 22065.

TRD-200000693

Rhonda Dempsey

Rules Coordinatror

Public Utility Commission

Filed:January 31, 2000