State Auditor's Office
Request for Offer
Notice of Invitation for Offer.
The State
Auditor's Office invites offers from Qualified Information Services Vendors
to conduct a proof-of-concept project to improve software development/acquisition
processes for Texas state agencies. The objective of this project is to determine
whether the Carnegie Mellon University - Software Engineering Institute's
Capability Maturity Model (CMM) framework is an effective tool for improving
the software development capability of Texas state agencies.
The project will involve assessing the software development/acquisition
capability of two selected state agencies and developing and assisting in
implementing action plans to improve the agencies' capability to deliver quality
software projects. Quality software projects are defined as those that are
delivered on schedule, within budget, and with the agreed-to functionality.
The Texas Comptroller of Public Accounts (CPA) and the Texas Department
of Human Services (DHS) have agreed to participate in this project. The Texas
Department of Information Resources (DIR) will also participate in the project
as an advisory agency by providing project support and monitoring the project's
results.
Proposal Instructions.
Detailed specifications
concerning this project will be made available in instructions to offerors,
which will be posted on the Texas Marketplace Internet site, www.texas-one.org,
or which may be obtained by submitting a written request to: CMM Process Improvement
Project , c/o State Auditor's Office, P.O. Box 12067, Austin, Texas, 78711-2067,
fax number: (512) 479-4884, attn: Gary Leach.
Information Conference.
Prospective offerors
are encouraged to attend an information conference to be held at 9:00 a.m.
on March 30, 2000, at the William P. Clements, Jr. State Office Building,
300 W. 15th Street, Committee Room 5 (5th Floor), Austin, Texas, 78701. The
purpose of the conference is to provide an overview of the CMM Process Improvement
Project and to respond to questions from prospective offerors. Due to space
limitations, each prospective offeror should send no more than three representatives
to the conference.
Closing Date for Receipt of Offers.
Written
offers to provide the requested services must be either hand-delivered to
the State Auditor's Office at 206 E. 9th Street, 19th Floor, Austin, Texas,
between the hours of 8 a.m. and 5 p.m., Monday - Friday, or sent by certified
mail to:
CMM Process Improvement Project
c/o State Auditor's Office
P. O. Box 12067
Austin, Texas 78711-2067
Attn: Gary Leach
Proposals must be received no later than 3 p.m. on April 20, 2000.
Selection Process.
An advisory group designated
by the State Auditor's Office will review submitted offers. In evaluating
offers, the advisory group will consider:
1) the demonstrated competence, knowledge, and qualifications of the firm
as a whole and of the professional staff who will work on the project;
2) the firm's experience and technical expertise in assessing software
development/acquisition capability;
3) the extent to which the firm's proposal would accomplish the purposes
and specifications of this Request for Offer and instructions;
4) the reasonableness of costs for the services proposed; and
5) when other considerations are equal, a firm whose principal place of
business is within the State of Texas, or who will manage the project from
an office within the State of Texas, will be given preference.
Historically Underutilized Businesses are encouraged to submit or participate
in the submission of offers.
General Terms and Conditions.
The State Auditor's
Office reserves the right to accept or reject any (or all) offers submitted.
The information contained in this Request for Offer is intended to serve only
as a general description of the services desired. Additional terms and conditions
relating to this Request for Offer are included in the instructions to offerors.
Offers submitted may be used as a basis for further negotiation of specific
project details with offerors. Issuance of this Request for Offer creates
no obligation to award a contract or to pay any costs incurred in the preparation
of an offer.
TRD-200001954
Douglas C. Brown
General Counsel
State Auditor's Office
Filed: March 15, 2000
Request for Proposals ("RFP") for Information Technologies under the Medicare Rural Flexibility Program
The Center for Rural Health Initiatives is issuing a Request for Proposals
("RFP") for Information Technologies under the Medicare Rural Flexibility
Program in the State of Texas. The purpose of this RFP is to provide the applicant
with the information necessary to apply for grant funds under the provisions
of this program.
The purpose of this program is to create a guidebook that explains the
technologies currently available and tools that assist rural hospitals in
making decisions about the information technologies that could benefit their
particular institution.
USE OF FUNDS: The funds can be used to research information technology,
explore the benefits of these technologies in rural areas, create the hardcopy
and software versions of the final product, develop a training program and
create an assessment tool.
AMOUNT OF AWARD: The funding available for the support of this program
during FY 2000 is $15,000. Only one proposal will be funded.
ELIGIBLE APPLICANTS: Eligible applicants will include non-profit and for-profit
organizations; including academic institutions, professional associations
and other entities.
EVALUATION AND SELECTION: After an initial screening for eligibility and
completeness, remaining applications will be reviewed by the Program Administrator
and the Executive Director. The CAH Ad-Hoc Committee will also be given an
opportunity to make recommendations to the Executive Director, who will make
a final recommendation to Executive Committee of CRHI. The Executive Committee
has the sole authority to make the final decision. The review of the proposals
will be based upon the breadth of the proposed program, the number of stakeholders
the models involve and the degree to which the guidebook developed can be
applied to different communities. Also, reviewers will look at the extent
and ease of training, the utility of the tools created, the evaluation of
the success of the tools created and the effective and efficient use of the
funds available.
DEADLINE: Completed applications are due by April 30, 2000. Announcement
of the selected applicant will be made by May 15, 2000.
CONTRACT PERIOD: The budget period for the application funded under this
RFP will be June 15, 2000 - December 15, 2000.
CONTACT PERSON: To obtain the application, please contact: David Pearson,
Program Administrator, Center for Rural Health Initiatives, P.O. Drawer 1708,
Austin, Texas, 78767-1708, (512) 479-8891.
TRD-200001943
Robt. J. "Sam" Tessen
Executive Director
Center for Rural Health Initiatives
Filed: March 14, 2000
Amended Notice of Request for Proposals
Notice of Amended Request for Proposals: Pursuant to Chapter 403, Texas
Government Code and §54.636, Texas Education Code, the Comptroller of
Public Accounts (Comptroller) announces its Amended Request for Proposals
(RFP) for the purpose of obtaining investment manager services in connection
with the administration of a prepaid higher education tuition program. The
original Notice of Request for Proposals was published in the Texas Register
on March 17, 2000. The program is administered by a seven-member Prepaid Higher
Education Tuition Board (Board). The Comptroller is the executive director
of the Board. The funds to be managed are funds from contracts and investments
of the program known as the Texas Tomorrow Fund. The Comptroller and Board
request proposals for large cap equity-value investment management services
for the Texas Tomorrow Fund's portfolio. The Comptroller, as Executive Director
of the Board, is issuing this RFP in order that the Board may move forward
with retaining the necessary investment manager. If approved by the Board,
the successful respondent will be expected to begin performance of the contract
on or about May 30, 2000.
Contact: Parties interested in submitting a proposal should contact David
R. Brown, Legal Counsel at the Comptroller of Public Accounts, 111 E. 17th
St., Room G-24, Austin, Texas 78774, (512) 305-8673, to obtain a complete
copy of the RFP. The Comptroller will mail copies of the RFP only to those
parties specifically requesting a copy. The RFP will be available for pick-up
at the above referenced address on Wednesday, March 29, 2000, between 2:00
p.m. and 5:00 p.m. Central Zone Time (CZT), and during normal business hours
thereafter. The Comptroller will also make the RFP available electronically
on the Texas Marketplace after Wednesday, March 29, 2000, 2:00 p.m. CZT. The
website address is www.marketplace.state.tx.us.
Evaluation Criteria: Proposals will be evaluated under the evaluation criteria
outlined in the RFP.
Closing Date: Proposals must be received in the Legal Counsel's Office
no later than 2:00 p.m. CZT, on April 13, 2000. Proposals received after this
time and date will not be considered.
Evaluation and Award Procedure: All proposals will be subject to evaluation
by a committee based on the evaluation criteria set forth in the RFP. The
Board will make the final decision.
The Comptroller reserves the right to accept or reject any or all proposals
submitted. The Comptroller is under no legal or other obligation to execute
a contract on the basis of this notice or the distribution of an RFP. Neither
this notice nor the RFP commits the Comptroller to pay for any costs incurred
prior to the execution of a contract.
The anticipated schedule of events is as follows: Issuance of RFP - March
29, 2000, 2:00 p.m. CZT; Proposals Due - April 13, 2000, 2:00 p.m. CZT; Contract
Execution - May 19, 2000; Commencement of Work - May 30, 2000.
TRD-200001952
David R. Brown
Assistant General Counsel, Contracts
Comptroller of Public Accounts
Filed: March 15, 2000
Notice of Award: Pursuant to Chapter 2254, Subchapter B, Texas Government
Code, the Comptroller of Public Accounts (Comptroller) announces this notice
of consultant contract award.
The consultant request for proposals was published in the November 12,
1999, issue of the
Texas Register
at 24 TexReg
10211.
The consultant will assist Comptroller to conduct a health claims study.
The contract is awarded to Tucker Alan, Inc., 150 South Wacker Drive Suite
500, Chicago, IL 60606. The total amount is not to exceed $248,975. The term
of the contract is March 6, 2000 through June 1, 2001. The consultant must
complete the project and submit its final report to Comptroller by September
1, 2000.
TRD-200001951
David R. Brown
Assistant General Counsel, Contracts
Comptroller of Public Accounts
Filed: March 15, 2000
Notice of Request for Information: Pursuant to Chapters 2305 and 403, Texas
Government Code, the State Energy Conservation Office of the Comptroller,
on behalf of the Texas Alternative Fuels Council (TAFC), has issued a Request
for Information (RFI) from qualified institutions and entities currently involved
in alternative fuels projects statewide. Alternative fuels are defined to
include natural gas, liquefied petroleum gas, electricity, methanol or methanol
blends of 85% or better, ethanol or ethanol blends of 85% or better, and hydrogen.
The TAFC requests the information under this RFI in consideration of providing
direct funding of approximately $400,000 towards alternative fuels projects
demonstrating off-road mobile emission reductions in air quality non-attainment
areas of the state.
Contact: Parties interested in submitting information should contact Frank
Higgerson, Texas Alternative Fuels Council, State Energy Conservation Office,
Comptroller of Public Accounts, 111 E. 17th St., Room 1114, Austin, Texas,
78744, telephone number: (512) 463-1931, no later than 5:00 p.m. Central Zone
Time (CZT), on Friday, March 31, 2000. All written inquiries, questions, and
other information must be received at the above-referenced address prior to
5:00 p.m. (CZT) on the deadline in order to be considered.
Closing Date: All information must be submitted no later than 5:00 p.m.
(CZT), on Friday, March 31, 2000. Information received after this time and
date will not be considered.
The TAFC and Comptroller reserve the right to accept or reject any or all
information received. Information received will be subject to evaluation by
the TAFC, SECO, and/or a committee and will become the property of the TAFC
and the Comptroller. Information received will be public information and available
to any requester. Neither the TAFC nor the Comptroller of Public Accounts
is under any legal or other obligation to issue a solicitation or execute
a contract on the basis of this notice or any information received as a result
of this RFI. Neither the TAFC nor the Comptroller shall pay for any costs
incurred by any entity in responding to this Notice or the RFI.
The following information to be provided in response to this RFI must be
submitted in two pages or less: (1) Project title; (2) identification of applicant
and major participant; (3) applicant names, addresses, telephones, and e-mail
addresses; (3) general description of project, including objectives and major
tasks; (5) approximate budget; and (6) approximate schedule for completion.
All of the foregoing information must be submitted no later than 5:00 p.m.
on Friday, March 31, 2000.
TRD-200001962
David R. Brown
Assistant General Counsel, Contracts
Comptroller of Public Accounts
Filed: March 15, 2000
Notice of Request for Proposals: Pursuant to Chapter 2254, Subchapter B,
Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces
the issuance of its Request for Proposals (RFP) from qualified, independent
firms to provide consulting services to the Comptroller. The successful respondent
will assist the Comptroller in conducting management and performance reviews
of the following independent school districts in Kleberg County: Kingsville,
Ricardo, Riviera, and Santa Gertrudis. The services sought under this RFP
will culminate in final reports, which shall contain findings, recommendations,
implementation timelines, plans, and be a component part of the reviews. The
successful respondent will be expected to begin performance of the contract
on or about May 22, 2000.
Contact: Parties interested in submitting a proposal should contact Clay
Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts,
111 E. 17th St., Room G-24, Austin, Texas, 78744, telephone number: (512)
305-8673, to obtain a copy of the RFP. The Comptroller will mail copies of
the RFP only to those specifically requesting a copy. The RFP will be available
for pick-up at the above-referenced address on Friday, March 24, 2000, between
2 p.m. and 5 p.m., Central Zone Time (CZT), and during normal business hours
thereafter. The Comptroller also plans to make the complete RFP available
electronically on the Texas Marketplace after Friday, March 24, 2000, 2 p.m.
(CZT). All written inquiries, questions, and mandatory Letters of Intent to
propose must be received at the above-referenced address prior to 2 p.m. (CZT)
on Monday, April 17, 2000. Prospective respondents are encouraged to fax Letters
of Intent and Questions to (512) 475-0973 to ensure timely receipt. The Letter
of Intent must be addressed to Clay Harris, Assistant General Counsel, Contracts,
and must contain the information as stated in the corresponding Section of
the RFP and be signed by an official of that entity. Mandatory Letters of
Intent and Questions received after this time and date will not be considered.
The responses to questions and other information pertaining to this procurement
will be posted on the Texas Marketplace http://www.marketplace.state.tx.us.
Closing Date: Proposals must be received in Assistant General Counsel's
Office at the address specified above no later than 2 p.m. (CZT), on Friday,
April 28, 2000. Proposals received after this time and date will not be considered.
Evaluation and Award Procedure: All proposals will be subject to evaluation
by a committee based on the evaluation criteria and procedures set forth in
the RFP. The Comptroller will make the final decision.
The Comptroller reserves the right to accept or reject any or all proposals
submitted. The Comptroller of Public Accounts is under no legal or other obligation
to execute a contract on the basis of this notice or the distribution of any
RFP. The Comptroller shall pay for no costs incurred by any entity in responding
to this Notice or the RFP.
The anticipated schedule of events is as follows: Issuance of RFP - March
24, 2000, 2 p.m. CZT; Mandatory Notice of Intent Form and Questions Due -
April 17, 2000, 2 p.m. CZT; Proposals Due - April 28, 2000, 2 p.m. CZT; Contract
Execution - May 16, 2000, or as soon thereafter as practical; Commencement
of Project Activities - May 22, 2000.
TRD-200001950
Pamela Ponder
Deputy General Counsel
Comptroller of Public Accounts
Filed: March 15, 2000
Notice of Rate Ceilings
The Consumer Credit Commissioner of Texas has ascertained the following
rate ceilings by use of the formulas and methods described in §303.003
and §303.009, Tex. Fin. Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of 03/20/00 - 03/26/00 is 18% for Consumer
1
/Agricultural/Commercial
2
/credit thru
$250,000.
The weekly ceiling as prescribed by §303.003 and §303.09 for
the period of 03/20/00 - 03/26/00 is 18% for Commercial over $250,000.
1
Credit for personal, family or household
use.
2
Credit for business, commercial, investment
or other similar purpose.
TRD-200001914
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: March 14, 2000
Cancellation Notice
The Texas Department of Criminal Justice hereby gives notice of cancellation
for the Michael Unit Roof Replacement, Tennessee Colony, Texas, Requisition
Number: 696-FD-0-0-C0192.
The Contractor failed to execute the contract, therefore the contract has
been cancelled.
TRD-200001874
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Filed: March 13, 2000
The Texas Department of Criminal Justice hereby gives notice of award for
the Texas Youth Commission Fiscal Year 2000-2001 Building Program, Requisition
Number: 696-FD-0-R002.
The Contract was awarded to HKS, Inc., Contract Number: 696-TY-0-2-C0206,
for a dollar amount of $1,388,990.
This solicitation will have multiple awards.
TRD-200001872
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Filed: March 13, 2000
The Texas Department of Criminal Justice hereby gives notice of award for
the Michael Unit Roof Replacement, Tennessee Colony Texas, Requisition Number:
696-FD-0-0-C0214.
The Contract was awarded to All-Tex Roofing Inc., on March 03, 2000, for
a dollar amount of $311,525 (10% to HUB vendor).
TRD-200001873
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Filed: March 13, 2000
The Texas Youth Commission invites bids for the construction of upgrading
the existing fire detection system, alarm system and door locking system at
the Hamilton State School in Bryan, Texas. Work to include electromechanical
and magnetic door locks as indicated on the drawings and as required to meet
fire code deficiencies as outlined by the State Fire Marshal. Install protective
screens on supply side air duct 34 ceiling mounted heaters as further shown
in the Contract Documents prepared by: Robert Blackmer, TDCJ Facilities Architect.
The successful bidder will be required to meet the following requirements
and submit evidence within five days after receiving notice of intent to award
from the Owner:
A. Contractor must have a minimum of five consecutive years of experience
as a General Contractor and provide references for at least three projects
within the last five years that have been completed of a dollar value and
complexity equal to or greater than the proposed project.
B. Contractor must be bondable and insurable at the levels required.
All Bid Proposals must be accompanied by a Bid Bond in the amount of 5.0%
of the greatest amount of the bid. Performance and Payment Bonds in the amount
of 100% of the contract amount will be required upon award of a contract.
The Owner reserves the right to reject any or all bids, and to waive any informality
or irregularity.
Bid Documents can be purchased from the Contract Administrator at a cost
of $25 (Twenty-five dollars - non-refundable) per set, inclusive of mailing/delivery
costs, or they may be viewed at various plan rooms. Payment checks for documents
should be made payable to Texas Department of Criminal Justice: P.O. Box 4014,
Huntsville, Texas 77340, Attn: Connie West, Phone: (936) 437-6743, FAX: (936)
437-6986.
A Pre-Bid conference will be held at 10 am on 30 March 2000 at the Hamilton
State School Unit, 200 Lee Morrison Lane, Bryan, Texas, followed by a site-visit.
ATTENDANCE IS MANDATORY.
Bids will be publicly opened and read at 2 pm on 13 April 2000, in the
Blue Conference Room at the Facilities Division located in the warehouse building
of the TDCJ Administrative Complex (formally Brown Oil Tool) on Spur 59 off
of Highway 75 North, Huntsville, Texas.
The Texas Youth Commission requires the Contractor to make a good faith
effort to include Historically Underutilized Businesses (HUB's) in at least
57.2% of the total value of this construction contract award. Attention is
called to the fact that not less than the minimum wage rates prescribed in
the Special Conditions must be paid on these projects.
TRD-200001940
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Filed: March 14, 2000
Correction of Error
The Texas Department of Health submitted a proposed amendment for 25 TAC, §289.201,
published in the December 3, 1999, issue of the
Texas Register
(24 TexReg 10767).
On page 10768, column 2, §289.201(b)(25)(A), "or" should have been
underlined to reflect new language. (Agency Program Error)
On page 10771, column 2, §289.201(b)(86), in the first line "department"
is misspelled. (Agency Program Error)
On page 10772, column 1, §289.201(120), on line 3 "the ultimate emission
of 1.3 x 105 million" should have been published as "the ultimate emission
of 1.3 x 105 million". (Agency Error)
Correction of Error
The Texas Department of Health submitted a proposed amendment for 25 TAC,
§289.202, published in the December 3, 1999, issue of the
Texas Register
(24 TexReg 10775).
On page 10776, column 2, §289.202(b)(16) "wT" in line one and line
5 should have been published as " wT." (Agency Error)
On page 10786, column 2, §289.202(yy)(4), the sentence is split after
the word "paragraph". The paragraph should read "All licensees [or registrants]
who make reports in accordance with paragraph (1) of this subsection shall
submit the report in writing to the agency." (Texas Register Error)
On page 10787, column 2, §289.202(ddd)(1)(B), the entire subparagraph
is new language and "The requirements in this section do not apply to the
following:" should also be underlined. (Texas Register Error)
On page 10788, column 1, §289.202(ddd)(4)(B), the entire subparagraph
is new language and all language following Texas Register should also be
underlined. (Agency Error)
Correction of Error
The Texas Department of Health submitted proposed rules for 25 TAC, Chapter
157, published in the March 10, 2000, issue of the
Texas Register
(25 TexReg 1954).
On page 1955, column 2, §157.25(e), at the end of the subsection,
the words "or device" are missing from the publication. The subsection should
end with "....state, if there is no reason to question the authenticity of
the order or device." (Agency Program Error)
TRD-200002015
Notice of Withdrawal of Intent to Award a Consulting Contract
The Health and Human Services Commission (HHSC) WITHDRAWS the notice of
intent to award a consulting contract published in the March 17, 2000, issue
of the
Texas Register
(25 TexReg 2469).
For further information regarding this procurement, please consult the
State Electronic Business Daily or the HHSC website at
www.hhsc.state.tx.us
.
TRD-200001953
Marina S. Henderson
Executive Deputy Commissioner
Texas Health and Human Services Commission
Filed: March 15, 2000
Public Hearings - Statewide Program Directions and Funding Priorities for Texas Department of Health and Human Services, Texas Department of Health, Texas Department of Human Services and Texas Department of Protective and Regulatory Services
How can health and human services programs help you in State Fiscal Years
2002-2003? (September 2001 - August 2003)
Give your comments and suggestions on statewide program directions and
funding priorities to the Texas Health and Human Services Commission, Texas
Department of Health, Texas Department of Human Services, and the Texas Department
of Protective and Regulatory Services at PUBLIC HEARINGS to be held on the
following dates:
April 11 - Houston - 5 p.m. - Power Center, 12401 South Post Oak
April 20 - El Paso - 12:30 p.m. - Region 19 Education Service Center, Tierra
Del Sol Conference Room, 6611 Boeing Drive
April 25 - Fort Worth - 5 p.m. - Botanic Gardens & Conservatory Auditorium,
3220 North Botanic Gardens Drive
April 27 - Edinburg - 1:30 p.m. - Tropical Texas Mental Health Mental Retardation,
1901 South 24th Street
Testimony will be taken on all programs and services provided by health
and human services agencies in the State of Texas. Programs and services include
but are not limited to the following: community care services, preventive
child health care, long term care services, licensing of child care facilities,
regulation of long term care facilities, dental services, child and adult
foster care, genetic services, child care for low-income families, nutrition
services, child and adult protective services, prenatal care, services to
children in need of special health care, family planning, community initiatives
for youth, prescription drugs, case management services for high-risk pregnant
women and infants, and children in need of special health care, provider reimbursement,
TANF cash assistance, prevention and early intervention services.
Block grant funding sources include, but are not limited, to the following:
Title XX Social Services Block Grant, Temporary Assistance for Needy Families
(TANF), Title V Maternal and Child Health Block Grant, Title X Public Health
Services Act and the Children's Health Insurance Program (CHIP).
Copies of the Title XX Intended Use Report for Fiscal Year 2000 may be
obtained by contacting the Texas Department of Human Services at (512) 438-3056.
Contact Gary Bego at (512) 424-6630 if you have questions about the hearings.
Persons with disabilities who will need auxiliary aids or services at the
hearings are asked to contact Civil Rights at the Texas Department of Human
Services (512) 438-4313 (voice) or (512) 438-2960 (TDD) at least five days
in advance of the hearing.
Written comments may be submitted to: Gary Bego, Health and Human Services
Commission, P. O. Box 13247, Austin, Texas 78711.
TRD-200001942
Paul Leche
Agency Liaison
Texas Department of Human Services
Filed: March 14, 2000
Insurer Services
The following applications have been filed with the Texas Department of
Insurance and are under consideration:
Application to change the name of HANSA REINSURANCE COMPANY OF AMERICA
TO SUECIA INSURANCE COMPANY, a foreign fire and casualty company. The home
office is in Nanuet, New York.
Application to change the name of TIG REINSURANCE COMPANY to ODYSSEY AMERICA
REINSURANCE CORPORATION, a foreign fire and casualty company. The home office
is in Stamford, Connecticut.
Any objections must be filed with the Texas Department of Insurance, addressed
to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin,
Texas 78701.
TRD-200001959
Bernice Ross
Deputy Chief Clerk
Texas Department of Insurance
Filed: March 15, 2000
The Commissioner of Insurance, or his designee, will consider approval
of a rating manual request submitted by Hartford Insurance Company of the
Midwest proposing to use a rating manual relative to classifications and territories
different than that promulgated by the Commissioner of Insurance pursuant
to TEX. INS. CODE ANN. art 5.101, 3(l). They are proposing to adopt a companion
policy discount. The discount provides a 10% reduction in premiums for private
passenger automobile policyholders if the named insured has a Hartford homeowner's
policy written through the AARP Homeowner's Insurance Program. The discount
is applicable to premiums for bodily injury, property damage, personal injury
protection, medical payments, collision and other than collision coverages.
Copies of the filing may be obtained by contacting Gifford Ensey, at the
Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin,
Texas 78714-9104, telephone (512) 475-1761.
This filing is subject to Department approval without a hearing unless
a properly filed objection, pursuant to art. 5.101, 3(h), is made with the
Senior Associate Commissioner for Property & Casualty Program, Mr. C.H.
Mah, at the Texas Department of Insurance, MC 105-5G, P.O. Box 149104, Austin,
Texas 78701 within 30 days after publication of this notice.
TRD-200001941
Bernice Ross
Deputy Chief Clerk
Texas Department of Insurance
Filed: March 14, 2000
The following third party administrator (TPA) applications have been filed
with the Texas Department of Insurance and are under consideration.
Application for incorporation in Texas of The Spine Center, Inc., a domestic
third party administrator. The home office is Austin, Texas.
Application for incorporation in Texas of Tejas Behavioral Health Services,
Inc., a domestic third party administrator. The home office is Austin, Texas.
Any objections must be filed within 20 days after this notice was filed
with the Secretary of State, addressed to the attention of Charles M. Waits,
MC 107-5A, 333 Guadalupe, Austin, Texas 78714-9104.
TRD-200001924
Bernice Ross
Deputy Chief Clerk
Texas Department of Insurance
Filed: March 14, 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 Westfield Services, Inc., (doing
business under the assumed name of WesCom), a foreign third party administrator.
The home office is Westfield Center, Ohio.
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-200001925
Bernice Ross
Deputy Chief Clerk
Texas Department of Insurance
Filed: March 14, 2000
Instant Game No. 192 "Monthly Money"
1.0 Name and Style of Game.
A. The name of Instant Game No. 192 is "MONTHLY MONEY". The play style
of the game is a "key number match with auto win" play style.
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 192 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 192.
A. Display Printing - That area of the instant game ticket outside of the
area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols
on the front of the ticket.
C. Play Symbol - One of the symbols which appears under the Latex Overprint
on the front of the ticket. Each Play Symbol is printed in Symbol font in
black ink in positive. The possible play symbols are: 1, 2, 3, 4, 5, 6, 7,
8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, $1.00, $2.00,
$4.00, $5.00, $10.00, $20.00, $50.00, $200, $2,000, $2,500/MO and a DOLLAR
BILL 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: Table 1 of this section
[Figure 1:16 TAC GAME NO. 192 - 1.2D]
E. Retailer Validation Code - Three small letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. The possible validation codes are: Table 2 of this section.
[Figure 2:16 TAC GAME NO. 192 - 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, $12.00, $20.00
or $24.00
H. Mid-Tier Prize - A prize of $50.00, $60.00 or $200.
I. High-Tier Prize - A prize of $2,000 or $2,500 per month for 5 years.
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 (192), 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 : 192-0000001-000.
L. Pack - A pack of "MONTHLY MONEY" 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 and 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 "MONTHLY
MONEY" Instant Game No. 192 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 "MONTHLY
MONEY" Instant Game is determined once the latex on the ticket is scratched
off to expose twenty-seven (27) play symbols. If the player matches any of
the "YOUR NUMBERS" to any of the "LUCKY NUMBERS", the player wins the prize
shown. If the player reveals a DOLLAR BILL symbol, the player wins $2,500
per month for 5 years. 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 27 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 27 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 27 Play Symbols must be exactly one of those described
in §1.2.C of these Game Procedures.
17. Each of the 27 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 more than three pairs of duplicate non-winning prize
symbols on a ticket.
C. There will be no duplicate LUCKY NUMBERS on a ticket.
D. There will be no duplicate non-winning YOUR NUMBERS on a ticket.
2.3 Procedure for Claiming Prizes.
A. To claim a "MONTHLY MONEY" Instant Game prize of $2.00, $4.00, $5.00,
$10.00, $12.00, $20.00, $24.00, $50.00, $60.00 or $200 a claimant shall sign
the back of the ticket in the space designated on the ticket and present the
winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall
verify the claim and, if valid, and upon presentation of proper identification,
make payment of the amount due the claimant and physically void the ticket;
provided that the Texas Lottery Retailer may, but is not, in some cases, required
to pay a $50.00, $60.00 or $200 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 §2.3.B and §2.3.C of these Game Procedures.
B. To claim a "MONTHLY MONEY" Instant Game prize of $2,500 per month for
5 years, the claimant must sign the winning ticket and present it at Texas
Lottery Headquarters in Austin. If the claim is validated by the Texas Lottery,
payment will be made to the bearer of the validated winning ticket for that
prize upon presentation of proper identification. When paying a prize of $600
or more, the Texas Lottery shall file the appropriate income reporting form
with the Internal Revenue Service (IRS) and shall withhold federal income
tax at a rate set by the IRS if required. In the event that the claim is not
validated by the Texas Lottery, the claim shall be denied and the claimant
shall be notified promptly.
1. If claiming a "MONTHLY MONEY" Instant Game prize of $2,500 per month
for 5 years, the claimant must choose one of the following two payment options
in order to receive the prize:
a. A payment of $30,000 less Federal income tax withholding will be made
once a year during the anniversary month of the claim for 5 years. After the
initial payment, installment payments will be made on the first business day
of the anniversary month via a wire transfer to the prize winner's account.
b. After the initial payment of $2,500 less Federal income tax withholding,
a payment will be made once a month for 5 years. After the initial payment,
installment payments will be made on the first business day of each month
via a wire transfer to the prize winner's account.
C. To claim a "MONTHLY MONEY" Instant Game prize, except the $2,500 per
month for 5 years 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.
D. As an alternative method of claiming a "MONTHLY MONEY" Instant Game
prize, except the $2,500 per month for 5 years 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.
E. Prior to payment by the Texas Lottery of any prize, the Texas Lottery
shall deduct a sufficient amount from the winnings of a person who has been
finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller,
the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected
by the Attorney General; or
3. delinquent in reimbursing the Texas Department of Human Services for
a benefit granted in error under the food stamp program or the program of
financial assistance under Chapter 31, Human Resource Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code
F. If a person is indebted or owes delinquent taxes to the State, other
than those specified in the preceding paragraph, the winnings of a person
shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment
of the prize pending a final determination by the Executive Director, under
any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur,
regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented
for payment; or
D. if the claim is subject to any deduction from the payment otherwise
due, as described in §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 "MONTHLY MONEY"
Instant Game, the Texas Lottery shall deliver to an adult member of the minor's
family or the minor's guardian a check or warrant in the amount of the prize
payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of
more than $600 from the "MONTHLY MONEY" Instant Game, the Texas Lottery shall
deposit the amount of the prize in a custodial bank account, with an adult
member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game. Any prize not claimed
within that period, and in the manner specified in these Game Procedures and
on the back of each ticket, shall be forfeited.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game ticket in the space designated therefor, a ticket shall be owned
by the physical possessor of said ticket. When a signature is placed on the
back of the ticket in the space designated therefor, the player whose signature
appears in that area shall be the owner of the ticket and shall be entitled
to any prize attributable thereto. Notwithstanding any name or names submitted
on a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated therefor.
If more than one name appears on the back of the ticket, the Executive Director
will require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 30,000,000
tickets in the Instant Game No. 192. The expected number and value of prizes
in the game are as follows: Table 3 of this section
[Figure 3:16 TAC GAME NO. 192- 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. 192 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. 192,
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-200001777
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: March 9, 2000
1.0 Name and Style of Game.
A. The name of Instant Game No. 201 is "WINNING COMBINATION". The play
style of the game is a "key number match with auto win" play style.
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 201 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 201.
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: 01, 02, 03, 04, 05,
06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24,
25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43,
44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, $1.00, $2.00,
$4.00, $5.00, $10.00, $20.00, $40.00, $100, $300, $1,000, $20,000, NEXT TIME
and TRY AGAIN.
D. Play Symbol Caption - the small printed material appearing below each
Play Symbol which explains the Play Symbol. One and only one of these Play
Symbol Captions appears under each Play Symbol and each is printed in caption
font in black ink in positive. The Play Symbol Caption which corresponds with
and verifies each Play Symbol is as follows: Table 1 of this section
[Figure 1:16 TAC GAME NO. 201 - 1.2D ]
[Figure 1:16 TAC GAME NO. 201 - 1.2D ]
E. Retailer Validation Code - Three small letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. The possible validation codes are: Table 2 of this section.
[Figure 2:16 TAC GAME NO. 201 - 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 $40.00 or $300
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 (201), 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 : 201-0000001-000.
L. Pack - A pack of "WINNING COMBINATION" Instant Game tickets contain
250 tickets, which are packed in plastic shrink-wrapping and fanfolded in
pages of one. Tickets 000 and 001 will be on the top page and tickets 002
and 003 will be on the next page and so forth with tickets 248 and 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 "WINNING
COMBINATION" Instant Game No. 201 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 "WINNING
COMBINATION" Instant Game is determined once the latex on the ticket is scratched
off to expose thirty-three (33) play symbols. If, after scratching the SECRET
NUMBERS, the player matches all 5 numbers on the same LOCK, the player wins
the prize in the prize box for that lock. If the player reveals a prize amount
in the Bonus Area, the player wins the prize shown. No portion of the display
printing nor any extraneous matter whatsoever shall be usable or playable
as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 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 §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. The SECRET NUMBERS and LOCK NUMBERS will range from 01 through 59.
C. On a ticket, all 10 LOCK NUMBERS will be different.
D. The SECRET NUBMERS will appear in random order (i.e. not in numerical
order.)
E. Within each LOCK, the LOCK NUMBERS will appear in clockwise ascending
order, beginning at the top.
2.3 Procedure for Claiming Prizes.
A. To claim a "WINNING COMBINATION" Instant Game prize of $2.00, $4.00,
$5.00, $10.00, $20.00, $40.00 or $300, a claimant shall sign the back of the
ticket in the space designated on the ticket and present the winning ticket
to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the
claim and, if valid, and upon presentation of proper identification, make
payment of the amount due the claimant and physically void the ticket; provided
that the Texas Lottery Retailer may, but is not, in some cases, required to
pay a $40.00 or $300 ticket. In the event the Texas Lottery Retailer cannot
verify the claim, the Texas Lottery Retailer shall provide the claimant with
a claim form and instruct the claimant on how to file a claim with the Texas
Lottery. If the claim is validated by the Texas Lottery, a check shall be
forwarded to the claimant in the amount due. In the event the claim is not
validated, the claim shall be denied and the claimant shall be notified promptly.
A claimant may also claim any of the above prizes under the procedure described
in §2.3.B and §2.3.C of these Game Procedures.
B. To claim a "WINNING COMBINATION" 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 "WINNING COMBINATION" 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 §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 "WINNING COMBINATION"
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 "WINNING COMBINATION" 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 30,000,000
tickets in the Instant Game No. 201. The expected number and value of prizes
in the game are as follows: Table 3 of this section
[Figure 3:16 TAC GAME NO. 201- 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. 201 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. 201,
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-200001776
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: March 9, 2000
Enforcement Orders
An agreed order was entered regarding ASLAM VIRANI DBA WALKER FOOD STORE,
Docket No. 1998-0670-PST-E; TNRCC ID No. 0021258 on February 29, 2000 assessing
$3000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
John Sumner, Staff Attorney at (512) 239-0497 or Susan Johnson, Enforcement
Coordinator at (512) 239-2555, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding MR. DENNIS FRALEY, Docket No. 1999-1060-MWD-E
on February 29, 2000 assessing $3,125 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Robbie Allen, Enforcement Coordinator at (512) 239-3142, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding BROWNSVILLE PUBLIC UTILITIES BOARD,
Docket No. 1999-1058-MWD-E; WQ Permit No. 10397-003 on February 29, 2000 assessing
$2,500 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Eric Reese, Enforcement Coordinator at (512) 239-2611, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF MUNDAY, Docket No. 1998-0074-MWD-E;
TNRCC ID No. 10228-001; Enforcement ID No. 11847 on February 29, 2000 assessing
$10,200 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Mary Risner, Staff Attorney at (512) 239-6224 or Merrilee Gerberding, Enforcement
Coordinator at (512) 239-4490, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding JAMES ARCHER DBA MULTI-CHEM LLC,
Docket No. 1999- 0797-IHW-E; IHW Registration No. F0335 on February 29, 2000
assessing $1,100 in administrative penalties with $220 deferred.
Information concerning any aspect of this order may be obtained by contacting
Gloria Stanford, Enforcement Coordinator at (512) 239-1871, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CHARTER WASTE, INC., Docket No. 1999-0796-IHW-E;
IHW No. H2151 on February 29, 2000 assessing $2,500 in administrative penalties
with $500 deferred.
Information concerning any aspect of this order may be obtained by contacting
Gloria Stanford, Enforcement Coordinator at (512) 239-1871, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding ROHM AND HAAS TEXAS INCORPORATED,
Docket No. 1999-0696-IHW-E; SWR No. 30041 on February 29, 2000 assessing $1,800
in administrative penalties with $360 deferred.
Information concerning any aspect of this order may be obtained by contacting
Rebecca Clausewitz, Enforcement Coordinator at (512) 239-2359, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding TEXAS LAND CLEARING, INCORPORATED,
Docket No. 1999-0342-AIR-E; Air Account No. 90-4108-E9 on February 29, 2000
assessing $3,100 in administrative penalties with $620 deferred.
Information concerning any aspect of this order may be obtained by contacting
Lawrence King, Enforcement Coordinator at (512) 239-1405, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding WALLACE COMPANY DBA WETMORE &
COMPANY, Docket No. 1999-0557-AIR-E; Air Account No. HG-7255-B on February
29, 2000 assessing $6,300 in administrative penalties with $1,260 deferred.
Information concerning any aspect of this order may be obtained by contacting
Sheila Smith, Enforcement Coordinator at (512) 239-1670, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding JON FINCHER DBA TEXAS CAR CENTER,
Docket No. 1999- 1161-AIR-E; Air Account No. TA-2799-R on February 29, 2000
assessing $1,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Carl Schnitz, Enforcement Coordinator at (512) 239-1892, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding LOBO PIPELINE COMPANY, A WHOLLY OWNED
SUBSIDIARY OF CONOCO INCORPORATED, Docket No. 1999-0314-AIR-E; Air Account
No. ZA-0009-O on February 29, 2000 assessing $28,125 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Carl Schnitz, Enforcement Coordinator at (512) 239-1892, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding QUALITY PRODUCT FINISHING INC., Docket
No. 1999-0818- AIR-E; Air Account No. HG-1281-T on February 29, 2000 assessing
$2,250 in administrative penalties with $450 deferred.
Information concerning any aspect of this order may be obtained by contacting
Elvia Maske, Enforcement Coordinator at (512) 239-0789, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding HENRY TRUJILLO DBA HENRY TRUJILLO
TRUCKING, Docket No. 1999-0686-AIR-E; TNRCC ID No. EE-0780-H on February 29,
2000 assessing $8,750 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
William Puplampu, Staff Attorney at (512) 239-0677 or Sheila Smith, Enforcement
Coordinator at (512)239-1670, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding RALPH SELLERS DBA COUNTRY CARS #2,
Docket No. 1999-0967-AIR-E; Air Account No. JH-0129-B on February 29, 2000
assessing $500 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Michael De La Cruz, Enforcement Coordinator at (512) 239-0259, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding YOUR C STORE, INC., Docket No. 1999-0576-PST-E;
PST Facility ID No. 0036119 on February 29, 2000 assessing $5,000 in administrative
penalties with $1,000 deferred.
Information concerning any aspect of this order may be obtained by contacting
Gayle Zapalac, Enforcement Coordinator at (512) 239-1136, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding HELEN PHAM DBA SILVER BELL GROCERY,
Docket No. 1999-0423-PST-E; PST Facility ID No. 0025187 on February 29, 2000
assessing $3,750 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Rebecca Clausewitz, Enforcement Coordinator at (512) 239-2359, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding NASSER S. JASER DBA BESTOP NO. 3,
Docket No. 1998- 0576-PST-E; TNRCC ID No. 0012805 on February 29, 2000 assessing
$2,500 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Lisa Lemanczyk, Staff Attorney at (512) 239-6939 or Craig Fleming, Enforcement
Coordinator at (512) 239-5806, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding TEX-SHAK INC., Docket No. 1999-1065-PST-E;
PST Facility ID No. 0060451 on February 29, 2000 assessing $1,250 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
David Van Soest, Enforcement Coordinator at (512) 239-0468, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding JOE HUR DBA JOE'S GROCERY, Docket
No. 1999-0577-PST- E; PST Facility ID No. 0009354 on February 29, 2000 assessing
$7,000 in administrative penalties with $1,400 deferred.
Information concerning any aspect of this order may be obtained by contacting
Steven Lopez, Enforcement Coordinator at (512) 239-1896, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding PRENGLER IRON & METAL, INCORPORATED,
Docket No. 1999-0833-PST-E; PST Facility ID No. 69986 on February 29, 2000
assessing $5,100 in administrative penalties with $1,020 deferred.
Information concerning any aspect of this order may be obtained by contacting
Susan Johnson, Enforcement Coordinator at (512) 239-2555, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding MARK MENA, Docket No. 1999-0850-PST-E;
Enforcement ID No. 13777 on February 29, 2000 assessing $7,500 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Lisa Lemanczyk, Staff Attorney at (512) 239-6939 or Robbie Allen, Enforcement
Coordinator at (512) 239-3142, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding GLEN LESTER BONDS, Docket No. 1999-0223-PST-E;
TNRCC ID No. 6761on February 29, 2000 assessing $9,500 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Ali Abazari, Staff Attorney at (512)239-5915 or Gayle Zapalac, Enforcement
Coordinator at (512) 239-1136, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding TERI HADA MATHIS, Docket No. 1999-0480-ISW-E
on February 29, 2000 assessing $4,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Ali Abazari, Staff Attorney at (512)239-5915 or Craig Fleming, Enforcement
Coordinator at (512) 239-5806, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding PETE SCHOUTEN DBA P & L DAIRY,
Docket No. 1999-0515- AGR-E; TNRCC ID No. 03675 on February 29, 2000 assessing
$2,500 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
William Puplampu, Staff Attorney at (512) 239-0677 or Lynda Clayton, Enforcement
Coordinator at (512) 239-5915, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding JAKE NOLL DBA BIG DADDY'S, Docket
No. 1999-0585-PWS- E; PWS ID No. 0460213; Enforcement ID No. 13640 on February
29, 2000 assessing $750 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Lisa Lemanczyk, Staff Attorney at (512) 239-6939 or Kent Heath, Enforcement
Coordinator at (512) 239-2545, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding THUNDERBIRD PROPERTIES INC. DBA THUNDERBIRD
RESORT, Docket No. 1999-0780-PWS-E; PWS No. 0270058 on February 29, 2000 assessing
$938 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Shawn Stewart, Enforcement Coordinator at (512) 239-6684, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding WILLIAM FRANK, Docket No. 1998-0458-EAQ-E;
Enforcement ID No. 12447 on February 29, 2000 assessing $1,000 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Camille Morris, Staff Attorney at (512)239-3915 or Laurie Eaves, Enforcement
Coordinator at (512) 239-4495, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding GUADALUPE R. GARZA, JR., Docket No.
1999-0925-OSI-E; Installer Certification No. OS0920 on February 29, 2000 assessing
$250 in administrative penalties with $50 deferred.
Information concerning any aspect of this order may be obtained by contacting
Eric Reese, Enforcement Coordinator at (512) 239-2611, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding MARBLE MASTERS OF TEXAS, INC., Docket
No. 1999-1010- AIR-E; Air Account No. GL-0042-N on February 29, 2000 assessing
$2,500 in administrative penalties with $500 deferred.
Information concerning any aspect of this order may be obtained by contacting
Carl Schnitz, Enforcement Coordinator at (512) 239-1892, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
TRD-200001938
LaDonna Castañuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: March 14, 2000
The Texas Natural Resource Conservation Commission (TNRCC or commission)
staff is providing an opportunity for written public comment on the listed
Default Orders. The TNRCC staff proposes a Default Order when the staff has
sent an Executive Director's Preliminary Report and Petition (EDPRP) to an
entity outlining the alleged violations; the proposed penalty; and the proposed
technical requirements necessary to bring the entity back into compliance,
and the entity fails to request a hearing on the matter within 20 days of
its receipt of the EDPR. Similar to the procedure followed with respect to
Agreed Orders entered into by the executive director of the TNRCC pursuant
to the Texas Water Code (the Code), §7.075, this notice of the proposed
order and the opportunity to comment is published in the
Texas Register
no later than the 30th day before the date on which
the public comment period closes, which in this case is
April 24, 2000
. The TNRCC will consider any written comments received
and the TNRCC may withdraw or withhold approval of a Default Order if a comment
discloses facts or considerations that indicate that the proposed Default
Orders is inappropriate, improper, inadequate, or inconsistent with the requirements
of the statutes and rules within the TNRCC's jurisdiction, or the TNRCC's
orders and permits issued pursuant to the TNRCC's regulatory authority. Additional
notice of changes to a proposed Default Order is not required to be published
if those changes are made in response to written comments.
A copy of each of the proposed Default Orders is available for public inspection
at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building
A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional
Office listed as follows. Written comments about the Default Order should
be sent to the attorney designated for the Default Order at the TNRCC's Central
Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be
(1) COMPANY: Ben Peralta dba Peralta Fence Corporation; DOCKET NUMBER:
1998-1265- AIR-E; TNRCC IDENTIFICATION (ID) NUMBER: DF-0519-D; LOCATION: 132
Highschool Drive, Lewisville, Denton County, Texas; TYPE OF FACILITY: metal
fence manufacturer; RULES VIOLATED: 30 TAC §116.110(a) and Texas Health
and Safety Code (THSC), §382.0518(a) and §382.085(b) by failing
to obtain a permit or satisfy the conditions for exempt facilities prior to
construction and operation of a surface coating operation; and 30 TAC §115.426(a)(1)(B)
and THSC, §382.085(b) by failing to maintain records for the quantity
and type of each coating and solvent consumed at the operations during the
specified averaging period; PENALTY: $7,500; STAFF ATTORNEY: Tracy Gross,
Litigation Division, MC 175, (512) 239-1736; REGIONAL OFFICE: 1101 East Arkansas
Lane, Arlington, Texas 76010-6499, (817) 469-6750.
(2) COMPANY: Sherman Foundry, A Division of Hamilton Foundry and Machine
Company; DOCKET NUMBER: 1999-0096-AIR-E; TNRCC ID NUMBER: GI-0058-D; LOCATION:
532 East King, Sherman, Grayson County, Texas; TYPE OF FACILITY: iron foundry
plant; RULES VIOLATED: 30 TAC §101.27 and THSC, §382.085(b) by failing
to pay air emissions fees for fiscal years 1997 thru 1999; 30 TAC §334.21
and the Code, §26.358 by failing to pay underground storage tank fees
for fiscal year 1999; 30 TAC §101.10 and THSC, §382.085(b) by failing
to submit emissions inventory questionnaire for 1998; 30 TAC §116.115(b),
Permit Number 5251, and THSC, §382.085(b) by operating the iron cast
foundry with holes in the duct work of the air pollution abatement equipment;
30 TAC §122.121 and §122.130(b) and THSC, §382.085(b) and §382.054
by operating without a federal operating permit and failed to timely submit
a completed abbreviated initial federal operating permit application; and
30 TAC §116.115 and THSC, §382.085(b) and Permit Number 5251 by
failing to maintain opacity emissions below 5% and failed to prevent visible
emissions from leaving the plant property boundary during normal facility
operations; PENALTY: $12,500; STAFF ATTORNEY: John Peeler, Litigation Division,
MC 175, (512) 239-3506; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington,
Texas 76010-6499, (817) 469-6750.
TRD-200001946
Paul C. Sarahan
Director, Litigation Division
Texas Natural Resource Conservation Commission
Filed: March 15, 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
April 24, 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 April 24, 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: Air Liquide America Corp.; DOCKET NUMBER: 1999-1417-AIR-E;
IDENTIFIER: Air Account Number JE-0351-I; LOCATION: Port Neches, Jefferson
County, Texas; TYPE OF FACILITY: air separation and cogeneration plant; RULE
VIOLATED: 30 TAC §122.121, §122.130(b)(1), and the Act, §382.054,
by failing to submit a Title V abbreviated initial application; and 30 TAC §§101.27(c)(1),
101.24, and 290.51(a)(3), by failing to pay outstanding emission, inspection,
and public health service fees; PENALTY: $2,000; ENFORCEMENT COORDINATOR:
Laura Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110,
Beaumont, Texas 77703-1892, (409) 898-3838.
(2)COMPANY: Aldine Independent School District; DOCKET NUMBER: 1999-1121-MWD-E;
IDENTIFIER: Permit Number 13609-001; LOCATION: Houston, Harris County, Texas;
TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 13609-001
and the Code, §26.121, by failing to meet their permit limits; PENALTY:
$1,500; ENFORCEMENT COORDINATOR: Michelle Harris, (512) 239-0492; REGIONAL
OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(3)COMPANY: A-Medco; DOCKET NUMBER: 1999-1248-MSW-E; IDENTIFIER: Municipal
Solid Waste Identification Number 54004; LOCATION: Wichita Falls, Wichita
County, Texas; TYPE OF FACILITY: medical waste transporter; RULE VIOLATED:
30 TAC §330.1005(g)(1)(A), (C), (D), and (2)(B), (h), (i), (n), and (o),
and §330.1010(g)(1)(B) and (2)(B), (c), (e)(5), (f)(1)(A), (C), (D),
and (H), (h), (I)(6), and (n), by failing to utilize a fully enclosed, leak-proof,
cargo-carrying compartment during the collection and transportation of medical
waste, have the required spill cleanup equipment in their transport vehicle,
have identification on the two sides and back of the cargo-carrying department,
have the cargo compartment of the vehicle locked while vehicle was in motion,
disinfect the cargo carrying compartment, separate untreated special waste,
deposit untreated special waste at a facility that accepts untreated special
waste, accept medical waste from doctors an dentist offices, nursing homes
and hospitals, have a copy of the registration in the vehicle, notify the
commission by letter within 15 days of additional drivers being employed,
submitted inaccurate documentation indicating that the waste had been pre-treated,
treat special waste from health care facilities, properly dispose of untreated
medical waste, maintain written procedures for the operation and testing of
any equipment used, and adequately train all operators in the use of any equipment
used in the treatment of medical waste; PENALTY: $1,125; ENFORCEMENT COORDINATOR:
Troy Jordan, (915) 698- 9674; REGIONAL OFFICE: 1977 Industrial Boulevard,
Abilene, Texas 79602-7833, (915) 698-9674.
(4)COMPANY: New Blessings, Incorporated dba AM-PM Mini Mart #2; DOCKET
NUMBER: 1999-1071-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility
Identification Number 0009161; LOCATION: Arlington, 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 successfully
conduct the annual pressure decay test; and 30 TAC §334.50(a)(1)(A) and
(b)(2), and the Code, §26.3475, by failing to provide a method of a release
detection capable of detecting a release from any portion of the underground
storage tank (UST) and perform the tightness test for the pressurized piping;
PENALTY: $4,375; ENFORCEMENT COORDINATOR: Michael De La Cruz, (512) 239-0259;
REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817)
469-6750.
(5)COMPANY: Andrew Corporation; DOCKET NUMBER: 1999-1413-AIR-E; IDENTIFIER:
Air Account Number DF-0100-V; LOCATION: Denton, Denton County, Texas; TYPE
OF FACILITY: metal coating and allied service; RULE VIOLATED: 30 TAC §116.110(a)
and the Act, §382.085(b), by failing to document conditions relating
to exemption; and 30 TAC §115.426(a)(1)(B), by failing to maintain the
appropriate record keeping requirements; PENALTY: $10,000; ENFORCEMENT COORDINATOR:
Wendy Penland, (817) 469-6750; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington,
Texas 76010-6499, (817) 469-6750.
(6)COMPANY: Aquasource Utility, Inc.; DOCKET NUMBER: 1999-1164-MWD-E; IDENTIFIER:
Permit Number 12519-001; LOCATION: Houston, Harris County, Texas; TYPE OF
FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 12519-001 and
the Code, §26.121, by failing to meet the permitted effluent limits for
the daily average limit of three milligrams per liter (mpl) for ammonia-nitrogen
and 15 mpl for total suspended solids; PENALTY: $2,700; ENFORCEMENT COORDINATOR:
Joseph Daley, (512) 239-3308; REGIONAL OFFICE: 5425 Polk Avenue, Suite H,
Houston, Texas 77023-1486, (713) 767-3500.
(7)COMPANY: Baylor University; DOCKET NUMBER: 1999-1365-AIR-E; IDENTIFIER:
Air Account Number MB-0200-M; LOCATION: Waco, McLennan County, Texas; TYPE
OF FACILITY: institutional steam generating plant; 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; 30 TAC §101.20(1) and the Act, §382.085, by failing
to comply with testing, monitoring and recordkeeping; and 30 TAC §116.110
and the Act, §382.085, by failing to obtain a permit to construct and
operate a boiler; PENALTY: $10,000; ENFORCEMENT COORDINATOR: Kyle Headley,
(254) 751-0335; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas
76710-7826, (254) 751-0335.
(8)COMPANY: Cooper Cameron Corportion; DOCKET NUMBER: 1999-1081-MWD-E;
IDENTIFIER: Permit Number 13668-001; LOCATION: Liberty, Liberty County, Texas;
TYPE OF FACILITY: oil field equipment refurbishing; RULE VIOLATED: Permit
Number 13668-001 and the Code, §26.121, by failing to meet permitted
effluent limits for total suspended solids, dissolved oxygen, ammonia-nitrogen,
and biochemical oxygen demand; PENALTY: $13,200; ENFORCEMENT COORDINATOR:
Sherry Smith, (512) 239-0572; REGIONAL OFFICE: 5425 Polk Avenue, Suite H,
Houston, Texas 77023-1486, (713) 767-3500.
(9)COMPANY: Copeland Corporation; DOCKET NUMBER: 1999-1499-IHW-E; IDENTIFIER:
Enforcement Identification Number 14345; LOCATION: Pharr, Hidalgo County,
Texas; TYPE OF FACILITY: industrial hazardous waste; RULE VIOLATED: 30 TAC §335.10(b)(15),
by failing to ensure that the manifest contains the designated facilities
identification number; 30 TAC §335.65, 40 Code of Federal Regulations
(CFR) §262.30, and the Code, §26.121, by failing to package the
waste; and 30 TAC §335.68 and 40 CFR §262.33, by failing to have
the appropriate placards; PENALTY: $4,880; ENFORCEMENT COORDINATOR: Fara O'Neal,
(956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas
78550-5247, (956) 425-6010.
(10)COMPANY: City of Crystal City; DOCKET NUMBER: 1999-0958-MWD-E; IDENTIFIER:
Permit Number 10098-001; LOCATION: Crystal City, Zavala County, Texas; TYPE
OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §319.1, by failing
to submit discharge monitoring reports; PENALTY: $6,250; ENFORCEMENT COORDINATOR:
Kristi Jones, (512) 239-1258; REGIONAL OFFICE: 140 Heimer Road, Suite 360,
San Antonio, Texas 78232-5042, (210) 490-3096.
(11)COMPANY: Darling International, Incorporated; DOCKET NUMBER: 1999-1329-AIR-E;
IDENTIFIER: Air Account Number HG-7725-I; LOCATION: Houston, Harris County,
Texas; TYPE OF FACILITY: animal fat and grease rendering; RULE VIOLATED: 30
TAC §101.4 and the Act, §382.085(a) and (b), by allegedly emitting
into the atmosphere air contaminants in such condition and duration as to
create odor nuisances; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Sheila Smith,
(512) 239-1670; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas
77023-1486, (713) 767-3500.
(12)COMPANY: City of Gatesville; DOCKET NUMBER: 1999-1080-MWD-E; IDENTIFIER:
Permit Number 10176-001 and National Pollutant Discharge Elimination System
(NPDES) Permit Number TX0024953; LOCATION: Gatesville, Coryell County, Texas;
TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 10176-001
and the Code, §26.121, by failing to comply with the ammonia-nitrogen
30-day average loading and concentration permit limit of 16.7 pounds per day
and three and six mpl, comply with the carbonaceous biochemical oxygen demand
seven-day and 30-day average concentration permit limit of 15 and ten mpl,
and comply with the dissolved oxygen minimum permit limit of four mpl; PENALTY:
$5,500; ENFORCEMENT COORDINATOR: Kristi Jones, (512) 239-1258; REGIONAL OFFICE:
6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(13)COMPANY: City of Grapeland; DOCKET NUMBER: 1999-1260-MWD-E; IDENTIFIER:
Permit Number 10181-002; LOCATION: Grapeland, Houston County, Texas; TYPE
OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 10181-002
and the Code, §26.121, by allegedly allowing an unauthorized discharge
of wastewater and failing to meet the five-day biochemical oxygen demand discharge
limitations; PENALTY: $7.875; ENFORCEMENT COORDINATOR: Merrilee Gerberding,
(512) 239-4490; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont,
Texas 77703-1892, (409) 898-3838.
(14)COMPANY: Greenwood Utility District; DOCKET NUMBER: 1999-1253-MWD-E;
IDENTIFIER: Permit Number 11061-001 and NPDES Permit Number TX0020800; LOCATION:
Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE
VIOLATED: Permit Number 11061-001 and NPDES Permit Number TX0020800, by failing
to comply with their permit limits; PENALTY: $2,700; ENFORCEMENT COORDINATOR:
Rebecca Clausewitz, (512) 239-2359; REGIONAL OFFICE: 5425 Polk Avenue, Suite
H, Houston, Texas 77023-1486, (713) 767-3500.
(15)COMPANY: Hampshire Chemical Corporation; DOCKET NUMBER: 1999-0744-MWD-E;
IDENTIFIER: Permit Number 02558 and NPDES Permit Number TX0089567; LOCATION:
Deer Park, Harris County, Texas; TYPE OF FACILITY: glycine, chelate, and sulfonated
naphthalene polymer manufacturing; RULE VIOLATED: Permit Number 02558 and
the Code, §26.121, by failing to comply with their permit limits; PENALTY:
$15,000; ENFORCEMENT COORDINATOR: Pam Campbell, (512) 239-4493; REGIONAL OFFICE:
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(16)COMPANY: John P. Fitzgerald dba Hard Rock Construction; DOCKET NUMBER:
1999- 1277-OSI-E; IDENTIFIER: On-Site Sewage Facility (OSSF) Certification
Number OS3482; LOCATION: Batson, Hardin County, Texas; TYPE OF FACILITY: on-site
sewage; RULE VIOLATED: 30 TAC §285.7(h), by failing to provide maintenance
testing and reporting for the surface irrigation system; 30 TAC §385.58(a)(10),
by failing to perform work on the OSSF system; 30 TAC §285.34(a), by
failing to install a two-way cleanout and an approved sewer pipe; 30 TAC §285.31(a)(1)(B)
and §285.32(a)(1)(K), by failing to install the "T" branch fitting on
the trash tank inlet device; 30 TAC §385.34(b)(2), by failing to provide
sufficient reserve pump tank capacity; 30 TAC §285.58(a)(5) and §285.33(c)(2)(D),
by failing to install the OSSF that is authorized by the permitting authority;
and 30 TAC §285.7(i), by failing to provide effluent disinfection prior
to surface irrigation; PENALTY: $1,100; ENFORCEMENT COORDINATOR: David Van
Soest, (512) 239-0468; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont,
Texas 77703-1892, (409) 898-3838.
(17)COMPANY: Vijay Jain dba Island Food Mart; DOCKET NUMBER: 1999-1310-PST-E;
IDENTIFIER: PST Facility Identification Number 0066101; LOCATION: Galveston,
Galveston County, Texas; TYPE OF FACILITY: gasoline dispensing station; RULE
VIOLATED: 30 TAC §115.245(2) and the Act, §382.085(b), by failing
to perform the annual pressure decay test; and 30 TAC §115.246(4) and
the Act, §382.085(b), by failing to maintain proof of attendance and
completion of Stage II training of employees; PENALTY: $1,375; ENFORCEMENT
COORDINATOR: Robbie Allen, (512) 239-3142; REGIONAL OFFICE: 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(18)COMPANY: Butch Jackson dba Butch Jackson Poultry Farm; DOCKET NUMBER:
1999- 0906-AGR-E; IDENTIFIER: Enforcement Identification Number 13628; LOCATION:
Gonzales, Gonzales County, Texas; TYPE OF FACILITY: poultry farm; RULE VIOLATED:
the Code, §26.121, by allegedly allowing an unauthorized discharge of
poultry waste; PENALTY: $3,125; ENFORCEMENT COORDINATOR: Gary McDonald, (361)
825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas
78412-5503, (361) 825-3100.
(19)COMPANY: Joe Cordell and John Heavyside dba Lledroc Farms West; DOCKET
NUMBER: 1999-0984-AGR-E; IDENTIFIER: Agricultural Waste/Wastewater Authorization
Number 072-009; LOCATION: Dublin, Erath County, Texas; TYPE OF FACILITY: dairy;
RULE VIOLATED: 30 TAC §321.192(f)(18) and (19)(F), by failing to prevent
trees from growing in the embankment of the waste storage pond and properly
maintain waterways; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Pam Campbell,
(512) 239-4493; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas
76010-6499, (817) 469-6750.
(20)COMPANY: Mildred Independent School District; DOCKET NUMBER: 1999-0950-MWD-
E; IDENTIFIER: Permit Number 11646-001; LOCATION: Mildred, Navarro County,
Texas; TYPE; OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1)
and (4), Permit Number 11646-001, and the Code, §26.121, by exceeding
the five-day biochemical oxygen demand effluent concentration limit and the
total suspended solids effluent concentration limit, failing to properly maintain
and operate the treatment facility, manage the irrigation practices, provide
equipment to monitor the application rates and maintain accurate records of
the volume of the wastewater effluent applied, maintain the holding pond in
conformance, maintain the minimum chlorine residual, adequately enclose the
treatment facility and storage/evaporation pond with a fence and erect signs
stating that the water is not suitable for drinking or recreation, design
spray fixtures for the irrigation system, and notify the regional office upon
the exceedance of the permitted effluent limitations; PENALTY: $26,875; ENFORCEMENT
COORDINATOR: Michael De La Cruz, (512) 239-0259; REGIONAL OFFICE: 1101 East
Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.
(21)COMPANY: Millennium Petrochemicals, Inc.; DOCKET NUMBER: 1999-1399-IHW-E;
IDENTIFIER: Solid Waste Registration Number 30049; LOCATION: La Porte, Harris
County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30
TAC §305.63(a) and Permit Number HW-50231, by failing to submit a permit
renewal application; PENALTY: $3,125; ENFORCEMENT COORDINATOR: Susan Johnson,
(512) 239-2555; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas
77023-1486, (713) 767-3500.
(22)COMPANY: Milwhite, Incorporated; DOCKET NUMBER: 1999-1336-AIR-E; IDENTIFIER:
Air Account Number C2-0004-K; LOCATION: Van Horn, Culberson County, Texas;
TYPE OF FACILITY: talc calcining and milling plant; RULE VIOLATED: 30 TAC §101.20(1),
40 CFR §60.8, and the Act, §382.085(b), by failing to conduct performance
tests; and 30 TAC §101.7(a), §116.115(c), Air Permit Number 33359,
and the Act, §382.085(b), by failing to maintain air pollution abatement
equipment, maintain records of inspections of air pollution abatement equipment,
and route particulate matter emissions to a fabric filter baghouse; PENALTY:
$5,250; ENFORCEMENT COORDINATOR: Larry King, (512) 239-1405; REGIONAL OFFICE:
401 East Franklin, Suite 560, El Paso, Texas 79901, (915) 834-4949.
(23)COMPANY: H. Muehlstein & Company, Inc.; DOCKET NUMBER: 1999-1353-IWD-E;
IDENTIFIER: Permit Number 02294 and NPDES Permit Number TX0079561; LOCATION:
Houston, Harris County, Texas; TYPE OF FACILITY: plastic material and synthetic
resin manufacturing; RULE VIOLATED: Permit Number 02294, NPDES Permit Number
TX0079561, and the Code, §26.121, by failing to comply with the total
suspended solids daily average and minimum permit limits and the ammonia-nitrogen
daily average permit limit; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Erika
Fair, (512) 239-6673; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1486, (713) 767-3500.
(24)COMPANY: City of Newark; DOCKET NUMBER: 1998-1048-MWD-E; IDENTIFIER:
Permit Number 11626-001; LOCATION: Newark, Wise County, Texas; TYPE OF FACILITY:
oxidation ditch plant; RULE VIOLATED: Permit Number 11626-001 and the Code, §26.121,
by failing to comply with various permit limits; PENALTY: $4,500; ENFORCEMENT
COORDINATOR: Sherry Smith, (512) 239-0572; REGIONAL OFFICE: 1101 East Arkansas
Lane, Arlington, Texas 76010-6499, (871) 469-6750.
(25)COMPANY: Mr. Larry Lang dba PAACO of Garland; DOCKET NUMBER: 1999-1411-
AIR-E; IDENTIFIER: Air Account Number DB-1882-S; LOCATION: Garland, Dallas
County, Texas; TYPE OF FACILITY: used car lot; RULE VIOLATED: 30 TAC §114.20(c)(1)
and the Act, §382.085(b), by allegedly offering for sale a vehicle with
missing or inoperable emission control devices; PENALTY: $400; ENFORCEMENT
COORDINATOR: Wendy Penland, (817) 469-6750; REGIONAL OFFICE: 1101 East Arkansas
Lane, Arlington, Texas 76010-6499, (817) 469-6750.
(26)COMPANY: Pewitt Consolidated Independent School District; DOCKET NUMBER:
1999- 0738-MWD-E; IDENTIFIER: Enforcement Identification Number 13817; LOCATION:
Omaha, Morris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE
VIOLATED: the Code, §26.121, by allegedly discharging sewage into a spring-filled
trench; PENALTY: $8,750; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100;
REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(27)COMPANY: Prince International, Inc.; DOCKET NUMBER: 1999-1311-PST-E;
IDENTIFIER: PST Facility Identification Number 0027207; LOCATION: Algoa, Galveston
County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULE VIOLATED: 30 TAC §115.246(7)(A) and the Act, §382.085(b), by
failing to maintain all records onsite; PENALTY: $720; ENFORCEMENT COORDINATOR:
Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1486, (713) 767-3500.
(28)COMPANY: Alan Raouhpur dba Tejano Wholesale; DOCKET NUMBER: 2000-30-AIR-E;
IDENTIFIER: Air Account Number DB-5128-I; LOCATION: Garland, Dallas County,
Texas; TYPE OF FACILITY: used car sales; RULE VIOLATED: 30 TAC §114.20(c)(1)
and the Act, §382.085(b), by allegedly offering for sale a vehicle with
missing or inoperable emission control devices; PENALTY: $720; ENFORCEMENT
COORDINATOR: Jorge Ibarra, (817) 469-6750; REGIONAL OFFICE: 1101 East Arkansas
Lane, Arlington, Texas 76010-6499, (817) 469-6750.
(29)COMPANY: Terra Services, Incorporated; DOCKET NUMBER: 1999-0956-AIR-E;
IDENTIFIER: Air Account Number 93-1025-U; LOCATION: Houston, Harris County,
Texas; TYPE OF FACILITY: trench burning site; RULE VIOLATED: 30 TAC §101.4, §116.110(a),
and the Act, §382.085(a) and (b), by allegedly emitting into the atmosphere
air contaminants in such concentration as to create an ash/dust nuisance;
and 30 TAC §106.496(6) and (10), §116.110(a), and the Act, §382.085(b),
by failing to operate the blower during burning activities and allegedly stacking
material in the trench burner above the air curtain; PENALTY: $5,000; ENFORCEMENT
COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(30)COMPANY: Texas Water Services, Inc.; DOCKET NUMBER: 1999-1211-MWD-E;
IDENTIFIER: Permit Number 03063-000; LOCATION: Dripping Springs, Hays County,
Texas; TYPE OF FACILITY: evaporation pond; RULE VIOLATED: 30 TAC §305.63(a),
by failing to renew the facility permit; Permit Number 03063-000, by failing
to provide records regarding liner inspections for the evaporation pond; and
the Code, §26.121, by failing to prevent a discharge of wastewater; PENALTY:
$5,000; ENFORCEMENT COORDINATOR: Tina Rosenzweig, (512) 339- 2929; REGIONAL
OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512)
339-2929.
(31)COMPANY: Thrall Food Store; DOCKET NUMBER: 1999-1281-PST-E; IDENTIFIER:
PST Facility Identification Number 57822; LOCATION: Thrall, Williamson County,
Texas; TYPE OF FACILITY: underground storage tanks; RULE VIOLATED: 30 TAC §334.50(a)(1)(A),
(b)(2)(A)(i)(III), and (d)(1)(B)(ii), and the Code, §26.3475, by failing
to have a release detection method capable of detecting a release from any
portion of the UST, test line leak detectors, and conduct monthly inventory
reconciliation of daily inventory control records; 30 TAC §334.7(d)(3)
and the Code, §26.3475, by failing to provide an amended registration;
30 TAC §334.10(b)(1)(A) and the Code, §26.3475, by failing to maintain
all UST records; and 30 TAC §334.93 and the Code, §26.352, by failing
to demonstrate the required financial assurance for corrective action; PENALTY:
$3,600; ENFORCEMENT COORDINATOR: Tina Rosenzweig, (512) 339-2929; REGIONAL
OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512)
339-2929.
(32)COMPANY: Joe Trevino dba Trecon Construction Company; DOCKET NUMBER:
1999- 1223-OSI-E; IDENTIFIER: OSSF Identification Number OS92; LOCATION: Alvin,
Brazoria County, Texas; TYPE OF FACILITY: on-site sewage; RULE VIOLATED: 30
TAC §285.58(a)(3) and §285.5(2), by failing to obtain the necessary
authorization before installing an OSSF; and 30 TAC §§285.30(f),
285.33(c)(1)(C)(iv), 285.58(a)(6), and the THSC, §366.004, by failing
to install an OSSF with a minimum of two feet of soil between the ground water
and the low pressure dosing system; PENALTY: $300; ENFORCEMENT COORDINATOR:
Corey Burke, (512) 239-5259; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1486, (713) 767-3500.
(33)COMPANY: TXU Processing Company; DOCKET NUMBER: 1999-1384-AIR-E; IDENTIFIER:
Air Account Number BQ-0092-F; LOCATION: near Cross Plains, Brown County, Texas;
TYPE OF FACILITY: compressor station; RULE VIOLATED: 30 TAC §122.146(1)
and the Act, §382.085(b), by failing to certify compliance with their
permit; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Troy Jordan, (915) 698-9674;
REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915)
698-9674
(34)COMPANY: U.S. Army Corps of Engineers; DOCKET NUMBER: 1999-1154-PWS-E;
IDENTIFIER: Public Water Supply Numbers 1210040 and 2290032; LOCATION: Woodville,
Tyler County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED:
30 TAC §290.44(h)(1), by failing to provide the sewer dump station with
an air gap separation; 30 TAC §290.46(f)(2), by failing to record and
identify the locations of chlorine residual tests on water collected from
the distribution system; 30 TAC §290.41(c)(1)(A) and (3)(N), by failing
to provide a separation distance of 150 feet between the potable well and
the adjacent abandoned non-potable artesian well and provide a flow metering
device on the well discharge line; 30 TAC §290.42(j), by failing to provide
a thorough plant operations manual; 30 TAC §290.46(f)(2), (p)(2), and
(x), by failing to record and identify the locations of chlorine residual
test results, conduct annual tank inspections on the pressure tanks, and plug
an abandoned artesian well; 30 TAC §290.43(d)(2), by failing to equip
the pressure tanks with pressure release devices; and 30 TAC §290.45(c)(1)(A),
by failing to provide a pressure tank capacity of ten gallons per unit with
a minimum of 220 gallons; PENALTY: $3,268; ENFORCEMENT COORDINATOR: Laura
Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont,
Texas 77703-1892, (409) 898-3838.
(35)COMPANY: Vintage Petroleum, Inc.; DOCKET NUMBER: 1999-0977-AIR-E; IDENTIFIER:
Air Account Numbers JB-0016-M and JB-0049-U; LOCATION: Vanderbilt, Jackson
County, Texas; TYPE OF FACILITY: natural gas compression; RULE VIOLATED: 30
TAC §122.130(a)(2) and the Act, §382.054 and §382.085(b), by
failing to submit timely federal operating permit applications; 30 TAC §122.121
and the Act, §382.054 and §382.085(b), by failing to operate emission
units; and 30 TAC §101.27(e) and the Act, §382.085(b), by failing
to pay the emissions/inspection fees; PENALTY: $4,000; ENFORCEMENT COORDINATOR:
Audra Baumgartner, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite
1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
TRD-200001915
Paul Sarahan
Director, Litigation Division
Texas Natural Resource Conservation Commission
Filed: March 14, 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 the Texas Water Code (the Code), §7.075.
Section 7.075 requires that before the TNRCC may approve the AOs, the TNRCC
shall allow the public an opportunity to submit written comments on the proposed
AOs. Section 7.075 requires that notice of the opportunity to comment must
be published in the
Texas Register
not later
than the 30th day before the date on which the public comment period closes,
which in this case is
April 24, 2000
. Section
7.075 also requires that the TNRCC promptly consider any written comments
received and that the TNRCC may withdraw or hold approval of an AO if a comment
discloses facts or considerations that the consent is inappropriate, improper,
inadequate, or inconsistent with the requirements of the statutes and rules
within the TNRCC's Orders and permits issued pursuant to the TNRCC's regulatory
authority. Additional notice of changes to a proposed AO is not required to
be published if those changes are made in response to written comments.
A copy of each of the proposed AOs is available for public inspection at
both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building
A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional
Office listed as follows. Written comments about the AOs should be sent to
the attorney designated for the AO at the TNRCC's Central Office at P.O. Box
13087, MC 175, Austin, Texas 78711-3087 and must be
received by 5:00 p.m. on April 24, 2000
. Written comments may also
be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC
attorneys are available to discuss the AOs and/or the comment procedure at
the listed phone numbers; however, §7.075 provides that comments on the
AOs should be submitted to the TNRCC in
writing
.
(1) COMPANY: A. C. Virani dba Airwood Grocery; DOCKET NUMBER: 1999-0422-PST-E;
TNRCC IDENTIFICATION (ID) NUMBER: 0053750; LOCATION: 2503 Park Street, Baytown,
Harris County, Texas; TYPE OF FACILITY: underground storage tank (UST); RULES
VIOLATED: 30 TAC §115.245(1) and Texas Health and Safety Code (THSC), §382.085
by failing to conduct initial Stage II system tests in accordance with Stage
II vapor recovery test procedure handbook; and 30 TAC §334.50(d)(1)(B)(ii)
and the Code, §26.3475 by failing to conduct reconciliation of detailed
inventory control records at least once each month; PENALTY: $3,750; STAFF
ATTORNEY: M. Camille Morris, Litigation Division, MC 175, (512) 239-3915;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1436, (713)
767-3500.
(2) COMPANY: E.V. Mask dba Bee's Camp; DOCKET NUMBER: 1998-1108-PWS-E;
TNRCC ID NUMBER: 2320052; LOCATION: Old Leakey Road at the Frio River, second
crossing, Uvalde County, Texas; TYPE OF FACILITY: public water supply; RULES
VIOLATED: 30 TAC §290.106 and THSC, §341.033(d) by failing to submit
monthly and repeat water samples for bacteriological analysis and by failing
to provide public notice of the failure to sample; and 30 TAC §290.105
by exceeding the maximum contaminant level for coliform bacteria; PENALTY:
$1,875; STAFF ATTORNEY: John Wright, Litigation Division, MC 175, (512) 239-2269;
REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042.
(3) COMPANY: God Bless, Incorporated dba T and M Grocery; DOCKET NUMBER:
1998- 0281-PST-E; TNRCC ID NUMBER: 0032740; LOCATION: 1039 South Velasco,
Angleton, Brazoria County, Texas; TYPE OF FACILITY: USTs; RULES VIOLATED:
30 TAC §115.245(1) and (2) and THSC, §382.085(b) by failing to successfully
meet the performance criteria for the Stage II vapor recovery system and by
failing to conduct annual pressure decay testing at the facility in 1996;
30 TAC §334.50(d)(1)(B) and the Code, §26.3475 by failing to have
a release detection method for the four gasoline USTs and one waste oil UST,
by failing to conduct daily inventory volume measurements from May 2,1996
until November 1, 1997; and 30 TAC §334.51(b)(2)(C) and the Code, §26.3475
by failing to install overfill prevention equipment on the four gasoline USTs;
PENALTY: $16,250; STAFF ATTORNEY: M. Camille Morris, Litigation Division,
MC 175, (512) 239-3915; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1486, (713) 767-3500.
(4) COMPANY: Leggett and Platt, Incorporated; DOCKET NUMBER: 1999-0615-AIR-E;
TNRCC ID NUMBER: ED0246U; LOCATION: 107 East Waco Street, Ennis, Ellis County,
Texas; TYPE OF FACILITY: bed spring manufacturer; RULES VIOLATED: 30 TAC §111.111(a)(1)(A)
and THSC, §382.085(b) by exceeding the opacity limit of 30% averaged
over a six-minute period; and THSC, §382.085(b) and Agreed Order number
96-1503-AIR-E, Provision Number 2.a. by failing to conduct and record the
weekly opacity readings of all plant tempering oven stacks while the ovens
were in operation; PENALTY: $3,125; STAFF ATTORNEY: Joshua Olszewski, Litigation
Division, MC 175, (512) 239-3645; REGIONAL OFFICE: 1101 East Arkansas Lane,
Arlington, Texas 76010-6499, (817) 469-6750;
(5) COMPANY: 7-Eleven, Incorporated; DOCKET NUMBER: 1999-0542-PWS-E; TNRCC
ID NUMBER: 2270214; LOCATION: corner of Ranch Road 620 and 2222, Austin, Travis
County, Texas; TYPE OF FACILITY: USTs; RULES VIOLATED: 30 TAC §290.106(a)
by failing to conduct monthly bacteriological monitoring; 30 TAC §290.46(n)
by failing to produce a distribution map; 30 TAC §290.43(c)(1) and (2)
by failing to equip the water storage tank with a roof vent and locked roof
hatch; 30 TAC §290.46 (f)(2), (h), and (p)(2) and by failing to conduct
pressure tank inspections and by failing to conduct residual disinfectant
testing of the distribution system, and by failing to keep a supply of calcium
hypochlorite disinfectant on hand for use when making repairs, setting meters,
or disinfecting new mains prior to placing them in service; 30 TAC §290.45(d)(2)(B)(ii),
(iii), and (iv) by failing to have a ground storage capacity equal to 50%
of the maximum daily demand, a service pump capacity of at least three times
the maximum daily demand, and a pressure tank capacity of 220 gallons; 30
TAC §290.45(f)(1) by failing to make available to the commission a water
purchase contract so that production, storage, service pump, or pressure maintenance
capacity may be properly evaluated; 30 TAC §290.43(d)(2) by failing to
provide a pressure release device for the pressure tank; and 30 TAC §334.21
by failing to pay the November 1998 UST fees; PENALTY: $5,375; STAFF ATTORNEY:
I-Jung Chiang, Litigation Division, MC 175, (512) 239-6122; REGIONAL OFFICE:
1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.
(6) COMPANY: Ron Laney Oil Company, Incorporated and Willard Skiles dba
Skiles Brothers Exxon; DOCKET NUMBER: 1999-1013-PST-E; TNRCC ID NUMBER: 08316;
LOCATION: 210 East Main, Knox City, Knox County, Texas; TYPE OF FACILITY:
UST; RULES VIOLATED: 30 TAC §334.50(a)(1)(A), (b)(1)(B)(i), and (b)(2)
by failing to perform tank tightness testing in combination with inventory
control methods, by failing to have a release detection method capable of
detecting a release from any portion of the used oil UST system, and by failing
to perform tightness testing on the suction piping system; and 30 TAC §334.7(d)(3)
by failing to amend the registration to reflect that the USTs were taken out
of service; PENALTY: $1,550; STAFF ATTORNEY: Scott McDonald, Litigation Division,
MC 175, (512) 239-6005; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene,
Texas 79602-7833, (915) 698-9674.
TRD-200001945
Paul C. Sarahan
Director, Litigation Division
Texas Natural Resource Conservation Commission
Filed: March 15, 2000
The following notices were issued during the period of March 6, 2000 through
March 10, 2000.
The following require the applicants to publish notice in the newspaper.
The public comment period, requests for public meetings, or requests for a
contested case hearing may be submitted to the Office of the Chief Clerk,
Mail Code 105, P O Box 13087, Austin Texas 78711-3087, WITHIN 30 DAYS OF THE
DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.
AQUASOURCE DEVELOPMENT COMPANY has applied for a new permit, proposed Texas
Pollutant Discharge Elimination System (TPDES) Permit No. 14129-001, to authorize
the discharge of treated domestic wastewater at a daily average flow not to
exceed 500,000 gallons per day. This application was submitted to the TNRCC
on August 24, 1999. The facility is located approximately 2 miles south of
the intersection of Highway 81 and Highway 114 in Wise and Tarrant Counties,
Texas.
CITY OF BRONTE has applied for a major amendment to Permit No. 10390-001,
to authorize a less stringent effluent limitation for Biochemical Oxygen Demand
(5-day) and to beneficially land apply sewage sludge to the irrigated acreage.
The current permit authorizes the disposal of treated domestic wastewater
at a daily average flow not to exceed 150,000 gallons per day via evaporation
and surface irrigation of 26 acres of non-public access pasture land which
will remain the same. The draft permit authorizes the land application of
sewage sludge for beneficial use on the same 26 acres. The sludge treatment
works are located at the plant site and the beneficial sludge disposal site
is located within the effluent irrigation area. This permit will not authorize
a discharge of pollutants into waters in the State. The wastewater treatment
facilities and disposal area are located approximately 2,100 feet southeast
of the intersection of U.S. Highway 277 and State Highway 158 in Coke County,
Texas.
COASTAL CHEMICAL COMPANY has applied for a Texas Pollutant Discharge Elimination
System (TPDES) wastewater permit. The applicant has an existing Texas Natural
Resource Conservation Commission (TNRCC) Permit No. 03780. The draft permit
authorizes the discharge of storm water on an intermittent and flow variable
basis via Outfall 001. The applicant operates a bulk storage facility for
distribution of organic chemicals. The plant site is located on the west side
of Floerke Road (County Road 81-A), approximately 1,700 feet north of the
intersection of Floerke Road and Lang Road, in the City of Portland, San Patricio
County, Texas.
FRANCIS REID has applied for a new permit, proposed Texas Pollutant Discharge
Elimination System (TPDES) Permit No. 14098-001, to authorize the discharge
of treated domestic wastewater at a daily average flow not to exceed 20,000
gallons per day. The plant site is located approximately 0.75 mile east of
the intersection of State Highway 64 and State Spur 124, approximately 1.75
miles northwest of State Highway 64 and Farm-to-Market 848 in Smith County,
Texas
IMPVAL, LTD. has applied for a new permit, proposed Texas Pollutant Discharge
Elimination System (TPDES) Permit No. 14106-001, to authorize the discharge
of treated domestic wastewater at a daily average flow not to exceed 80,000
gallons per day. The plant site is located approximately 1.3 miles southeast
of the intersection of Interstate Highway 45 and Farm-to-Market Road 1960,
and at the northeast corner of the intersection of Imperial Valley Drive &
North Vista in Harris County, Texas.
CITY OF KYLE has applied for a new permit, proposed Texas Pollutant Discharge
Elimination System (TPDES) Permit No. 11041-002, to authorize the discharge
of treated domestic wastewater at an annual average flow not to exceed 1,500,000
gallons per day. The plant site is located approximately one mile northwest
of the intersection of State Route 21 and Farm-to-Market Road 2720 in Hays
County, Texas.
MATHEWS BLUFF, LTD. has applied for a new permit, proposed Texas Pollutant
Discharge Elimination System (TPDES) Permit No. 14107-001, to authorize the
discharge of treated domestic wastewater at a daily average flow not to exceed
240,000 gallons per day. The plant site is located approximately 1,000 feet
northwest of the intersection of County Road 3405 and County Road 3406 in
Hunt County, Texas.
MOORPARK VILLAGE, INC. has applied for a renewal of TNRCC Permit No. 13727-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 35,000 gallons per day. The plant site is located 0.5 mile
north of the intersection of Fairbanks-North Houston Road and Breen Road following
Fairbanks-North Houston Road and 975 feet west of Fairbanks-North Houston
Road and 2,520 feet south of Taub Road in Harris County, Texas.
RIDGE HARBOR UTILITY COMPANY has applied for a new permit, Proposed Permit
No. 14022-001, to authorize the disposal of treated domestic wastewater at
a daily average flow not to exceed 12,000 gallons per day via subsurface low
pressure dose drainfields with a minimum area of 60,000 square feet. The proposed
permit would authorize the disposal of treated domestic wastewater at a daily
average flow not to exceed 12,000 gallons per day via subsurface low pressure
dose drainfields with a minimum area of 133,000 square feet. This permit will
not authorize a discharge of pollutants into waters in the State. The wastewater
treatment facilities and disposal site are located approximately 2.75 miles
northeast of the intersection of State Highway 71 and State Highway 191 in
Burnet County, Texas.
TRAVIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT-POINT VENTURE has
applied for a major amendment to Permit No. 11385-001, to authorize an increase
in the daily average flow from 70,000 gallons per day to 82,000 gallons per
day. The current permit authorizes the disposal of treated domestic wastewater
at a daily average flow not to exceed 70,000 gallons per day via surface irrigation
of 37.96 acres of the Point Venture Golf Course. This permit will not authorize
a discharge of pollutants into waters in the State. The wastewater treatment
facilities and disposal area (i.e. Point Venture Golf Course) are located
approximately 6.5 miles south of the intersection, that is within the Village
of Lago Vista, of Farm-to-Market Road 1431 and Lohmans Crossing Road in Travis
County, Texas.
TRINITY RIVER AUTHORITY OF TEXAS has applied for a major amendment to TNRCC
Permit No. 13457-001 to authorize an increase in the discharge of treated
domestic wastewater from a daily average flow not to exceed 2,500,000 gallons
per day to an annual average flow not to exceed 5,000,000 gallons per day.
The plant site is located at 1687 U.S. Highway 377 north of Roanoke, approximately
1.5 miles north-northeast of the intersection of State Highway 114 and U.S.
Highway 377 in Denton County, Texas.
U.S. ARMY CORPS OF ENGINEERS has applied for a renewal of Permit No. 12255-002,
which authorizes the disposal of treated domestic wastewater at a daily average
flow not to exceed 7,100 gallons per day via evaporation on 2.67 acres of
pond area. This permit will not authorize a discharge of pollutants into waters
in the State. The wastewater treatment facilities and disposal site are located
in Jim Hogg Park which is located adjacent to the northeast side of Lake Georgetown,
approximately 4.5 miles northwest of the intersection of Interstate Highway
35 and Farm-to-Market Road 2338, on the southwestern end of Park Road Number
5 in Williamson County, Texas.
U.S. ARMY CORPS OF ENGINEERS has applied to the Texas Natural Resource
Conservation Commission (TNRCC) for a renewal of Permit No. 12254-003, which
authorizes the disposal of treated domestic wastewater at a daily average
flow not to exceed 3,700 gallons per day via evaporation using an 1.74 acre
pond. This permit will not authorize a discharge of pollutants into waters
in the State. The wastewater treatment facilities and disposal area are located
on the east side of Wilson H. Fox Park, which is on the south side of Granger
Lake, approximately 1.5 miles north and 3 miles west of the intersection of
Farm to Market Road 1063 and Farm to Market 1331 in Williamson County, Texas.
CITY OF WHARTON has applied for a renewal of TNRCC Permit No. 10381-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 1,500,000 gallons per day. The draft permit authorizes
the discharge of treated domestic wastewater at an annual average flow not
to exceed 1,500,000 gallons per day. The plant site is located on the east
bank of the Colorado River approximately 0.8 mile south- southeast of the
intersection of State Highway 60 and Farm-to-Market Road 1299 (East Street)
in Wharton County, Texas.
Written comments or requests for a public meeting may be submitted to the
Office of the Chief Clerk, at the address provided in the information section
above, WITHIN 30 DAYS OF THE ISSUED DATE OF THIS NOTICE
CLARK REFINING & MARKETING, INC. has applied for a renewal of TNRCC
Permit No. 00309, which authorizes the discharge of process wastewater, cooling
tower blowdown, boiler blowdown, ballast water, domestic wastewater, remediation
wastewater and stormwater at a daily average flow not to exceed 30,000,000
gallons per day via Outfall 001, and stormwater on an intermittent and flow
variable basis via Outfalls 004 and 005. Issuance of this Texas Pollutant
Discharge Elimination System (TPDES) permit will replace the existing NPDES
Permit No. TX0005991 issued on March 29, 1996 and TNRCC Permit No. 00309.
The applicant operates a petroleum refinery. The plant site is located approximately
0.5 miles north of the Martin Luther King bridge on Highway 82, southwest
of the City of Port Arthur, Jefferson County, Texas.
TRD-200001936
LaDonna Castañuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: March 14, 2000
William C. Nack, Jr., P. O. Box 331, Utopia, Texas 78884 and O. B. Holder,
P. O. Box 698, Utopia, Texas 78884, applicants, seek a permit pursuant to §11.121,
Texas Water Code, and Texas Natural Resource Conservation Commission Rules
30 TAC §§295.1, et seq. The applicants seek authorization to construct
and maintain a dam and reservoir on the Sabinal River, tributary of the Frio
River, tributary of the Nueces River, Nueces River Basin, Bandera County for
in-place recreational use. The reservoir will have a normal capacity of 2
acre-feet and a surface area of 1 acre. The reservoir will be located approximately
2.5 miles north of Utopia, Texas and Station 0+00 on the centerline of the
dam will be N 94øE, 145 feet from the southeast corner of the A. Jaime
Original Survey No. 937, Abstract No. 210, Bandera County, also being 29.389ø
N Latitude and 99.320øW Longitude.
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-200001937
LaDonna Castañuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: March 14, 2000
The State Office Administrative Hearing has issued a Proposal for Decision
and Order to the Texas Natural Resource Conservation Commission on March 9,
2000. Petition Against Harrison of Texas, Inc; SOAH Docket No. 582-99-1432;
TNRCC Docket No.1998-0956-IHW-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-200001935
Douglas A. Kitts
Agenda Coordinator
Texas Natural Resource Conservation Commission
Filed: March 14, 2000
The Texas Natural Resource Conservation Commission (commission) will conduct
a public hearing to receive testimony concerning revisions to 30 TAC Chapter
291 under the requirements of the Texas Water Code (TWC), §5.103, which
provides the commission with the authority to adopt and enforce rules necessary
to carry out its powers and duties under the laws of this state; TWC, §5.011,
which provides that the commission is established for the purpose of ensuring
the efficient and effective administration of the conservation of the states
natural resources; TWC, §5.120, which requires the commission to administer
the law so as to promote the judicious use and maximum conservation of water;
TWC, §13.503, which requires the commission to adopt rules regulating
submetering of water or sewer service under certain situations; and TWC, §13.5031,
which requires the commission to adopt rules governing the allocation of water
and sewer service costs in certain situations.
The proposed new sections in Chapter 291, concerning Utility Submetering
and Allocation, govern the submetering or allocation of master metered water
or wastewater service by apartment houses, condominiums, mobile home parks,
manufactured home rental communities, and other multiple use facilities. These
rules do not regulate those properties which include master metered water
and wastewater service in tenant's rent or condominium members' assessments.
The proposed rules are intended to revise the allowable methods for allocating
utility service, promote water conservation, encourage submetering of individual
rental or dwelling units by master meter operators, provide safeguards to
tenants as provided by statute, and to implement Senate Bill (SB) 950, 76th
Legislature, 1999. Submetering provides a fairer and more accurate accounting
in billing for utility service. The proposed rules provide that if the property
owner wishes to bill tenants for water utility service, it must be done on
a submetered or approved allocation basis. For those property owners who do
not wish to submeter or allocate, the owners can still include utility service
in the monthly rental rate agreed upon in the lease agreement.
A public hearing on this proposal will be held in Austin on April 18, 2000,
at 10:00 a.m. in Building F, Room 2210 of the commission's central office,
located at 12100 North IH-35, Park 35 Technical Center, Austin, Texas 78753.
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 will answer questions before and after the hearing.
Comments on the proposal may be submitted to Bettie Bell, Texas Natural
Resource Conservation Commission, Office of Environmental Policy, Analysis,
and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087, or faxed
to (512) 239-4808. Comments should reference Rule Log No. 1999-042-291-WT
and must be received by 5:00 p.m., April 24, 2000. For further information
or questions concerning this proposal, please contact Kate Wilkins, Utilities
and Districts Section, at (512) 239-6960.
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-200001900
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: March 13, 2000
Notice of Application for Sale, Transfer, or Merger
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) an application for sale, transfer, or merger on March
3, 2000, pursuant to the Public Utility Regulatory Act, Texas Utilities Code
Annotated §37.001and §37.154 (Vernon 1998).
Docket Style and Number: Application for Sale, Transfer, or Merger of Jasper-Newton
Electric Cooperative, Inc. Docket Number 22223.
The Application: Jasper-Newton Electric Cooperative, Inc. (Jasper-Newton)
filed with the Public Utility Commission of Texas an application for approval
of the purchase of a portion of Line 81 located in Newton County, Texas and
assignment of the western 60 feet of the right-of- way (ROW) granted in easements
from Entergy Gulf States. Jasper-Newton asserts that all customers will be
charged the same rates as they were charged before the transaction.
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.
TRD-200001814
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 9, 2000
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on March 7, 2000, for a service provider
certificate of operating authority (SPCOA), pursuant to §§54.151
- 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application
follows.
Docket Title and Number: Application of M.R.K.S. Inc., doing business as
In Touch Communications for a Service Provider Certificate of Operating Authority,
Docket Number 22239 before the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service.
Applicant's requested SPCOA geographic area includes the area of Texas
currently served by Sprint (United Telephone Company of Texas, Inc. and Central
Telephone Company of Texas, Inc.), and Southwestern Bell Telephone Company.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas at P.O. Box 13326, Austin, Texas 78711-3326 or
call the commission's Office of Customer Protection at (512) 936-7120 no later
than March 29, 2000. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-200001856
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 10, 2000
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on March 8, 2000, for a service provider
certificate of operating authority (SPCOA), pursuant to §§54.151
- 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application
follows.
Docket Title and Number: Application of Paramount Communications, Inc.
for a Service Provider Certificate of Operating Authority, Docket Number 22246
before the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service, Digital Subscriber
Line, long distance service and wireless service.
Applicant's requested SPCOA geographic area includes the metropolitan areas
of Texas.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas at P.O. Box 13326, Austin, Texas 78711-3326 or
call the commission's Office of Customer Protection at (512) 936-7120 no later
than March 29, 2000. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-200001857
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 10, 2000
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) an application on March 7, 2000, pursuant to P.U.C.
Substantive Rule §26.208 for approval of a tariff change.
Tariff Title and Number: Application of Southwestern Bell Telephone Company's
Notification of Changes to SelectVideo Plus Termination Charges, Pursuant
to P.U.C. Substantive Rule §26.208. Tariff Number 2223.
The Application: Southwestern Bell Telephone Company (SWBT) is changing
the method of calculating termination charges whenever a customer disconnects
a SelectVideo Plus Service Control Link or Communication Link prior to the
termination of the service term.
Persons who wish to intervene in the proceeding or comment upon the action
sought should contact the Public Utility Commission of Texas at P.O. Box 13326,
Austin, Texas 78711-3326 or call the commission's Office of Customer Protection
at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals
with text telephones (TTY) may contact the commission at (512) 936-7136 or
use Relay Texas (toll-free) 1-800-735-2989. Please reference Tariff Number
22235.
TRD-200001815
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 9, 2000
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) an application on March 2, 2000, for a temporary waiver
of P.U.C. Substantive Rule §25.87.
Docket Title and Number: Application of Texas Central and South West Operating
Companies for Good Cause Extension of Filing Deadline for Distribution Unbundling
Reports Pursuant to P.U.C. Substantive Rule §25.87. Docket Number 22217.
The Application: Pursuant to P.U.C. Substantive Rule §25.3, Texas
Central and South West Operating Companies (CSW) requests the commission grant
it an extension of the filing deadline contained in P.U.C. Substantive Rule §25.87(d).
This section requires electric utilities to file annual distribution unbundling
reports on the last working day of March each year, covering data involving
the previous calendar year. CSW requests an extension until April 28, 2000,
to file its report.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326
or call the commission's Office of Customer Protection at (512) 936-7120 on
or before March 31, 2000. Hearing and speech-impaired individuals with text
telephones (TTY) may contact the commission at (512) 936-7136. All comments
should reference Docket Number 22217.
TRD-200001813
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 9, 2000
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) an application on February 29, 2000, for a temporary
waiver of P.U.C. Substantive Rule §26.28(h)(5).
Docket Title and Number: Application of Valley Telephone Cooperative, Inc.
for Temporary Waiver of the Requirements of P.U.C. Substantive Rule §26.28(h)(5).
Docket Number 22207.
The Application: Pursuant to P.U.C. Procedural Rule §22.5, Valley
Telephone Cooperative, Inc. (Valley) requests the commission grant it a 180-day
waiver of the requirements of P.U.C. Substantive Rule §26.28(h)(5), and
suspend application of §26.28(h)(5) for the applicant while this proceeding
is pending. Valley asserts it is making a good faith effort to comply with
the requirements of the rule; however, due to limitations in its billing system
Valley will be unable to comply with the requirements of §26.28(h)(5)
by March 1, 2000.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326
or call the commission's Office of Customer Protection at (512) 936-7120 on
or before March 31, 2000. Hearing and speech-impaired individuals with text
telephones (TTY) may contact the commission at (512) 936-7136. All comments
should reference Docket Number 22207.
TRD-200001812
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 9, 2000
On March 6, 2000, Southwestern Bell Telephone Company and IP Communications
Corporation, 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 22231. 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
22231. 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 March 29, 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
22231.
TRD-200001775
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 9, 2000
On March 6, 2000, Southwestern Bell Telephone Company and TXU Communications
Telecom Services Company, 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 22232. 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
22232. 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 March 29, 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
22232.
TRD-200001774
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 9, 2000
On March 7, 2000, Southwestern Bell Telephone Company and Teleco USA, 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 22237. 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
22237. 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 March 29, 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
22237.
TRD-200001771
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 9, 2000
On March 7, 2000, Southwestern Bell Telephone Company and ITC∧ DeltaCom
Communications, Inc. doing business as ITC∧ DeltaCom, 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
22244. 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
22244. 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 March 29, 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
22244.
TRD-200001770
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 9, 2000
On March 10, 2000, Southwestern Bell Telephone Company and DPI-Teleconnect,
L.L.C., 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 22262. 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
22262. 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 April 3, 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
22262.
TRD-200001912
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 13, 2000
On March 10, 2000, Southwestern Bell Telephone Company and TechTel Communications,
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 22263. 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
22263. 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 April 3, 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
22263.
TRD-200001913
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 13, 2000
On March 6, 2000, Rhythms Links, Inc. and GTE Southwest, Inc., collectively
referred to as applicants, filed a joint application for approval of interconnection
agreement under §252(i) of the federal Telecommunications Act of 1996,
Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered
sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory
Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998) (PURA).
The joint application has been designated Docket Number 22233. 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 22233. 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 March 29, 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
22233.
TRD-200001773
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 9, 2000
On March 7, 2000, Southwestern Bell Telephone Company and The Phone Pros,
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
22236. 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 22236. 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 March 29, 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
22236.
TRD-200001772
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 9, 2000
On March 8, 2000, ClearWorks.net, Inc. and GTE Southwest, Inc., collectively
referred to as applicants, filed a joint application for approval of interconnection
agreement under §252(i) of the federal Telecommunications Act of 1996,
Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered
sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory
Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998) (PURA).
The joint application has been designated Docket Number 22250. 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 22250. 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 March 30, 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
22250.
TRD-200001858
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 10, 2000
On March 8, 2000, Teligent Incorporated and GTE Southwest, Inc., collectively
referred to as applicants, filed a joint application for approval of interconnection
agreement under §252(i) of the federal Telecommunications Act of 1996,
Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered
sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory
Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998) (PURA).
The joint application has been designated Docket Number 22252. 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 22252. 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 March 30, 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
22252.
TRD-200001860
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 10, 2000
On March 10, 2000, USA Quickphone, Inc. and GTE Southwest, Inc., collectively
referred to as applicants, filed a joint application for approval of interconnection
agreement under §252(i) of the federal Telecommunications Act of 1996,
Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered
sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory
Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998) (PURA).
The joint application has been designated Docket Number 22259. 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 22259. 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 April 3, 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
22259.
TRD-200001910
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 13, 2000
On March 10, 2000, FairPoint Communications 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
22260. 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 22260. 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 April 3, 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
22260.
TRD-200001911
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 13, 2000
On March 8, 2000, Local Gateway Exchange 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 22251. 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 22251. 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 March 30, 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
22251.
TRD-200001859
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 10, 2000
On March 8, 2000, Southwestern Bell Telephone Company and Broadstream Corporation,
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
22253. 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 22253. 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 March 30, 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
22253.
TRD-200001923
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 14, 2000
The Public Utility Commission of Texas (commission) will hold a workshop
regarding the terms and conditions of distribution service on Thursday, April
6, 2000 beginning at 9:30 a.m. in Room 1-111, located on the first floor of
the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas
78701. Project Number 22187,
Rulemaking to Establish
Terms and Conditions of Transmission and Distribution Utilities' Retail Distribution
Service
, has been established for this proceeding. Through this workshop,
commission staff will gather information from the interested parties on issues
relating to the subject matter of this rulemaking.
On or before March 29, 2000, the commission staff shall file an agenda
for the workshop, which will be available in the Central Records division
and on the commission's Internet site under Project Number 22187.
Questions concerning the workshop or this notice should be referred to
Damayanti Ghosh, Office of Regulatory Affairs, (512) 936-7376. Hearing and
speech-impaired individuals with text telephones (TTY) may contact the commission
at (512) 936-7136.
TRD-200001843
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 10, 2000
Consultant Contract Award
Sam Houston State University (SHSU), in accordance with provisions of Government
Code, §2254.030, announces the awarding of a consultant contract to a
consulting firm based in Washington, D.C. The solicitation for proposals was
published in the December 24, 1999, issue of the
Texas Register
(24 TexReg 11823).
The consultant will represent and assist the University in developing a
project, the Criminal Research Information Management Evaluation System (CRIMES),
deemed important to the University.
One proposal was received in response to this solicitation for proposals.
The proposal was from G & H International Services LLC, 1747 Pennsylvania
Avenue NW, Washington, D.C. 20006-4604.
The consultant awarded the contract was: G & H International Services
LLC, 1747 Pennsylvania Avenue NW, Washington, D.C. 20006-4604.
The consultant contract begins March 1, 2000, and ends February 28, 2001,
with the option to renew. The fee estimate is $18,000, excluding expenses.
Reports and documents will be submitted as required.
TRD-200001816
Dr. B.K. Marks
President
Sam Houston State University
Filed: March 9, 2000
Request for Qualifications
Request for Qualifications: The Airport Sponsor listed below, through its
agent, the Texas Department of Transportation (TxDOT), intend to engage Aviation
Professional Engineering Firms for services pursuant to Chapter 2254, Subchapter
A, of the Government Code. TxDOT, Aviation Division will solicit and receive
qualifications for professional engineering design services as described in
the project scope listed below:
Airport Sponsor: City of Greenville; Majors Field Airport; TxDOT Project
Number: 0001GRNVL Project Scope: Provide engineering/design services to reconstruct
GA hangar access TW: half of parallel taxiway and south cross TW and south
half of parallel taxiway; rehabilitate GA apron; install signage to GA apron
and terminal area; and replace VASI w/PAPI-4 RW 17; and associated appurtenances
at the Majors Field; Project Manager: Tony Krauss.
Interested firms shall utilize the
recently updated
Form 439
, titled "Aviation Consultant Services Questionnaire," (
http://www.dot.state.tx.us./insdtdot/orgchart/avn/avninfo/avninfo.htm
Download the file from the selection "Consultant Services Questionnaire
Packet". The form may not be altered in any way, and all printing must be
in black. QUALIFICATIONS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.
The form is a Microsoft Word, Version 7, document
.
Two completed, unfolded copies of Form 439 (August 1999 version), for the
project must be postmarked by U. S. Mail midnight April 6, 2000 (CDST). Mailing
address: TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483.
Overnight delivery must be received by 4:00 p.m. (CDST) on April 7, 2000;
overnight address: TxDOT, Aviation Division, 200 E. Riverside Drive, Austin,
Texas, 78704. Hand delivery must be received by 4:00 p.m. April 7, 2000 (CDST);
hand delivery address: 150 E. Riverside Drive, 5th Floor, South Tower, Austin,
Texas 78704. The two pages of instructions should not be forwarded with the
completed questionnaires. Electronic facsimiles will not be accepted.
NEW DELIVERY OPTION Your form 439 may be e-mailed to TxDOT, e-mail address:
AVNRFQ@dot.state.tx.us
E-mails must be received by midnight September 30, 1999. Received times
will be determined by the marked time and date as the e-mail is received into
the TxDOT network system. Please be sure and e-mail your forms in sufficient
time to insure timely delivery into the TxDOT system. After receipt, you will
be notified by return e-mail of the date and time of receipt. Return notification
may be delayed by a day or two as the forms will be opened and printed at
the TxDOT offices. Before e-mailing the form, please be sure and check your
completion of the form. TxDOT will not change the formatting or information
contained on the form following receipt. Additionally, on e-mailed forms,
written signatures are not required on the form. You may type in the responsible
party's name on the signature line.
The airport sponsor's duly appointed committee will review all professional
qualifications and select three to five firms to submit proposals. Those firms
selected will be required to provide more-detailed, project-specific proposals
which address the project team, technical approach, Disadvantaged Business
Enterprises (DBE) participation, design schedule, and other project matters,
prior to the final selection process. The final consultant selection by the
sponsor's committee will generally be made following the completion of review
of proposals and/or consultant interviews. The airport sponsor reserves the
right to reject any or all statements of qualifications, and to conduct new
professional services selection procedures.
If there are any procedural questions, please contact Karon Wiedemann,
Director, Grant Management, or the designated Project Manager for technical
questions at 1-800-68-PILOT (74568).
TRD-200001944
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: March 15, 2000
Request for Consultant Proposals Concerning an Institutional Review in Order to Develop Executive Transition Strategies
Eligible Proposers. The University of North Texas Health Science Center
at Fort Worth (UNTHSC) is requesting proposals under Request for Proposal
#763-00-0001 filed under the provision of Government Code, Chapter 2254; from
qualified Proposers concerning an institutional review of the health science
center in order to develop executive leadership transition strategies. Those
selected to fulfill the contract must have extensive experience in and awareness
of state agencies, State of Texas regulations, higher education, and academic
health science centers. Contractor must also have extensive experience in
and understanding of all aspects of change management; primary and secondary
research; strategic counseling; and project planning, implementation and evaluation.
Description. UNTHSC seeks to hire a consultant to conduct an institutional
review in order to develop transition strategies needed in preparation for
the new president who assumes his position in August 2000.
The Consultant will examine, evaluate, and make recommendations for the
new executive agenda so that it incorporates institutional priorities regarding
the health science center's mission and strategic objectives; identifies elements
needed to improve the quality of its programs of education, research, and
service; and provides momentum for the new administration.
Elements that may be reviewed and included in the report, but not limited
to, are as follows:
* Leadership transition
* Organizational, cultural, and operational assessment
* Institutional identity and academic health science center support
* Strategic planning
* Information technology planning and development of comprehensive technology
resources
* Economic and resource allocation system including all sources of funds
* Role of UNTHSC in the University of North Texas System
Date of Project. UNTHSC expects any contract resulting from the RFP to
have a term from about May 2, 2000, through July 31, 2000; all work must be
completed no later than July 15, 2000.
Selection Criteria. UNTHSC will evaluate the proposals based upon demonstrated
competence, knowledge, and qualifications and on reasonableness of the proposed
fee. If all other considerations are equal, UNTHSC will give preference to
a private consultant whose principal place of business is in the state or
who will manage the consulting contract entirely from an office in the state.
The proposal evaluation will be performed by a committee of UNTHSC personnel.
Further details regarding evaluation criteria will be contained in the RFP.
Subsequent to the proposal evaluation process, UNTHSC will negotiate with
the selected consultant.
Requesting the Proposal. A complete copy of RFP #763-00-0001 may be obtained
by writing: The University of North Texas Health Science Center at Fort Worth,
Purchasing Department, 3500 Camp Bowie Blvd., Fort Worth, TX 76107.
Further Information. For clarifying information about this RFP, contact
Lane Nestman, Director of Purchasing, telephone (817) 735-2680.
Deadline for Receipt of Proposals. Proposals must be received in the UNTHSC
Purchasing Office by 3:00 PM (Central Standard Time), April 25, 2000, to be
considered.
TRD-200001926
Dr. Benjamin L. Cohen
Interim President and Executive Dean
University of North Texas Health Science Center at Fort Worth
Filed: March 14, 2000
Request for Offers
Data Warehouse Implementation Services for The University of Texas System
Invitation No. OITDE-2000-1
Deadline for Submitting Notice of Intent to Submit an Offer: Friday, March
24, 2000
Proposal Submission Deadline: On or before 5:00 p.m. (Central Daylight
Time) on Friday, April 21, 2000.
The CDW Project entails planning, design, and construction of a UT System
data warehouse to provide effective access to the information collected and
reported by the individual components and System Administration. The developed
CDW should help System Administration and component staff meet their reporting
and data analysis requirements. Conceptually, the CDW is envisioned as a web-enabled
application, operating on the UT System Intranet, and accessible by designated
users at all component institutions via the UT System wide area network (WAN).
The CDW Project will provide access to information that currently is maintained
across multiple component databases, as well as data stored by secondary organizations,
such as the State of Texas Comptroller's Office. Currently, human resource,
financial, and student data are reported to a variety of secondary organizations,
but is not aggregated at a single source within the UT System. Consequently,
when data is needed for decision-making at the System level, a sometime lengthy
process must be undertaken to collect data from a variety of sources and consolidated
before a report can be prepared. Currently data is not easily available for
compilation or comparative analysis. Easier access to data, and a consistent
definition of data will greatly facilitate management analysis. The CDW Project
will allow System Administration and the component institutions to access
component data quickly and in a much more cost effective manner.
The benefits of the CDW Project stem from: Providing easy access to components
and System Administration data; Providing consistent data definitions across
all component institutions; Supplying a single, reliable source for the UT
System data; Decreasing the time necessary to access critical information;
Providing a medium for reducing component workload in the future by streamlining
standard reporting; Eliminating the need to maintain redundant record keeping
and reports; and Analyzing information to help in decision support in a way
that has not been possible before, or that has been very difficult to perform.
The UT System CDW Project is envisioned to have three major phases. The
first phase (this procurement) involves constructing and populating the newly
created data warehouse with source data from the Human Resources Information
System (HRIS) managed by the State of Texas Comptroller's Office. Once the
data warehouse is operational, the UT System plans to add financial and student
data in future phases. After this initial procurement, the CDW will likely
have data populated from various other source systems (to be determined in
future phases).
Offers received will be reviewed by the CDW task force. If a satisfactory
offer is received, a contract will be negotiated and the proposal granted.
To respond to this RFO, offers must be submitted to:
Ms. Marta Hubbard
Policy Coordinator
The University of Texas System
201 West Seventh Street, Room 418
Austin, Texas 78701-298
TRD-200001927
Francie A. Frederick
Executive Secretary to the Board of Regents
The University of Texas System
Filed: March 14, 2000
Center for Rural Health Initiatives
Comptroller of Public Accounts
Notice of Consultant Contract Award
Notice of Request for Information
Notice of Request for Proposals
Office of Consumer Credit Commissioner
Texas Department of Criminal Justice
Notice of Award
Notice of Award - Michael Unit Roof Replacement
Notice to Bidders
Texas Department of Health
Texas Health and Human Services Commission
Texas Department of Human Services
Texas Department of Insurance
Notice
Third Party Administrators
TFhird Party Administrators
Texas Lottery Commission
Instant Game No. 201 "Winning Combination"
Texas Natural Resource Conservation Commission
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions
Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions
Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions
Notice of Water Quality Applications
Notice of Water Rights Application
Proposal for Decision
Public Hearing Notice (Chapter 291)
Public Utility Commission of Texas
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application Pursuant to P.U.C. Substantive Rule §26.208
Notice of Petition for Extension of Filing Deadline Pursuant to P.U.C. Substantive Rule §25.87
Notice of Petition for Temporary Waiver of P.U.C. Substantive Rule §26.28(h)(5)
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreements
Public Notice of Interconnection Agreements
Public Notice of Workshop on Terms and Conditions of Distribution Service
Sam Houston State University
Texas Department of Transportation
University of North Texas Health Science Center at Fort Worth
The University of Texas System
Texas Workforce Commission