TITLE in-addition

Texas State Affordable Housing Corporation

Notice of Public Hearing

MULTIFAMILY HOUSING REVENUE BONDS (VISION HOUSING INITIATIVE DEVELOPMENT) SERIES 2001

Notice is hereby given of a public hearing to be held by the Texas State Affordable Housing Corporation (the "Issuer") on April 23, 2001 at 12:00 Noon at the Harvey Avenue Baptist Church, 1257 East Harvey Avenue, Fort Worth, Texas, 76104, with respect to an issue of multifamily housing revenue bonds (the "Bonds") to be issued by the Issuer in one or more series in the aggregate amount not to exceed $57,000,000, the proceeds of which will be loaned to Vision Housing Initiative (I), L.L.C., an Internal Revenue Code Section 501(c)(3) corporation, to finance the acquisition and rehabilitation of six separate multifamily housing projects (collectively the "Projects") located in the cities of Fort Worth, Houston and Pasadena, Texas. The public hearing, which is the subject of this notice, will concern the multifamily housing projects described as follows: Parkside Apartments, 170 units, 3101 Sappington Place, Fort Worth, Texas 76116 and Huntington Place, 184 units, 4900 N. Bryant Irvin, Fort Worth, Texas 76116. The Projects will be owned by Vision Housing Initiative (I), L.L.C.

All interested parties are invited to attend such public hearing to express their views with respect to the Project and the issuance of the Bonds. Questions or request for additional information may be direct to Daniel C. Owen at the Texas State Affordable Housing Corporation, 1715 West 35th Street, Austin, Texas 78703; 1-888-638-3555 ext. 404.

Persons who intend to appear at the hearing and express their views are invited to contact Daniel C. Owen in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to Daniel C. Owen prior to the date scheduled for the hearing.

Individuals who require auxiliary aids in order to attend this meeting should contact Glenda Houchin David, ADA Responsible Employee, at 1-888-638-3555, ext.417 through Relay Texas at 1-800-735-2989 at least two days before the meeting so that appropriate arrangements can be made.

Individuals who require child care to be provided at this meeting should contact Glenda Houchin David at 1-888-638-3555, ext. 417, at least five days before the meeting so that appropriate arrangements can be made.

Individuals may transmit written testimony or comments regarding the subject matter of this public hearing to Daniel Owen at dowen@tsahc.com.

TRD-200101921

Daniel C. Owen

Vice President

Texas State Affordable Housing Corporation

Filed: April 3, 2001


Notice of Public Hearing

MULTIFAMILY HOUSING REVENUE BONDS (VISION HOUSING INITIATIVE DEVELOPMENT) SERIES 2001

Notice is hereby given of a public hearing to be held by the Texas State Affordable Housing Corporation (the "Issuer") on April 24, 2001 at 12:00 Noon at the Cullen Missionary Baptist Church, 13233 Cullen Boulevard, Houston, Texas, 77047, with respect to an issue of multifamily housing revenue bonds (the "Bonds") to be issued by the Issuer in one or more series in the aggregate amount not to exceed $57,000,000, the proceeds of which will be loaned to Vision Housing Initiative (I), L.L.C., an Internal Revenue Code Section 501(c)(3) corporation, to finance the acquisition and rehabilitation of six separate multifamily housing projects (collectively the "Projects") located in the cities of Fort Worth, Houston and Pasadena, Texas. The public hearing, which is the subject of this notice, will concern the multifamily housing projects described as follows: Kingsgate Village Apartments, 312 units, 7298 Kings Gate Circle, Houston, Texas 77074; Westfield Apartments, 424 units, 14405 Rio Bonito, Houston, Texas 77083 and Bennington Square Apartments, 313 units, 6300 W. Bellfort, Houston, Texas 77033. The Projects will be owned by Vision Housing Initiative (I), L.L.C.

All interested parties are invited to attend such public hearing to express their views with respect to the Project and the issuance of the Bonds. Questions or request for additional information may be direct to Daniel C. Owen at the Texas State Affordable Housing Corporation, 1715 West 35th Street, Austin, Texas 78703; 1-888-638-3555 ext. 404.

Persons who intend to appear at the hearing and express their views are invited to contact Daniel C. Owen in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to Daniel C. Owen prior to the date scheduled for the hearing.

Individuals who require auxiliary aids in order to attend this meeting should contact Glenda Houchin David, ADA Responsible Employee, at 1-888-638-3555, ext.417 through Relay Texas at 1-800-735-2989 at least two days before the meeting so that appropriate arrangements can be made.

Individuals who require child care to be provided at this meeting should contact Glenda Houchin David at 1-888-638-3555, ext. 417, at least five days before the meeting so that appropriate arrangements can be made.

Individuals may transmit written testimony or comments regarding the subject matter of this public hearing to Daniel Owen at dowen@tsahc.com.

TRD-200101922

Daniel C. Owen

Vice President

Texas State Affordable Housing Corporation

Filed: April 3, 2001


Notice of Public Hearing

MULTIFAMILY HOUSING REVENUE BONDS (VISION HOUSING INITIATIVE DEVELOPMENT) SERIES 2001

Notice is hereby given of a public hearing to be held by the Texas State Affordable Housing Corporation (the "Issuer") on April 25, 2001 at 12:00 Noon at the Grace Congregational Church, 207 South Main Street, Pasadena, Texas, 77506, with respect to an issue of multifamily housing revenue bonds (the "Bonds") to be issued by the Issuer in one or more series in the aggregate amount not to exceed $57,000,000, the proceeds of which will be loaned to Vision Housing Initiative (I), L.L.C., an Internal Revenue Code Section 501(c)(3) corporation, to finance the acquisition and rehabilitation of six separate multifamily housing projects (collectively the "Projects") located in the cities of Fort Worth, Houston and Pasadena, Texas. The public hearing, which is the subject of this notice, will concern the Vista del Sol Apartments containing 264 units, located at 701 South Avenue, Pasadena, Texas 77503. The Projects will be owned by Vision Housing Initiative (I), L.L.C.

All interested parties are invited to attend such public hearing to express their views with respect to the Project and the issuance of the Bonds. Questions or request for additional information may be direct to Daniel C. Owen at the Texas State Affordable Housing Corporation, 1715 West 35th Street, Austin, Texas 78703; 1-888-638-3555 ext. 404.

Persons who intend to appear at the hearing and express their views are invited to contact Daniel C. Owen in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to Daniel C. Owen prior to the date scheduled for the hearing.

Individuals who require auxiliary aids in order to attend this meeting should contact Glenda Houchin David, ADA Responsible Employee, at 1-888-638-3555, ext.417 through Relay Texas at 1-800-735-2989 at least two days before the meeting so that appropriate arrangements can be made.

Individuals who require child care to be provided at this meeting should contact Glenda Houchin David at 1-888-638-3555, ext. 417, at least five days before the meeting so that appropriate arrangements can be made.

Individuals may transmit written testimony or comments regarding the subject matter of this public hearing to Daniel Owen at dowen@tsahc.com.

TRD-200101923

Daniel C. Owen

Vice President

Texas State Affordable Housing Corporation

Filed: April 3, 2001


Notice of Public Hearing

TEXAS STATE AFFORDABLE HOUSING CORPORATION MULTIFAMILY HOUSING REVENUE BONDS (AGAPE ASHTON/WOODSTOCK DEVELOPMENT) SERIES 2001

Notice is hereby given of a public hearing to be held by the Texas State Affordable Housing Corporation (the "Issuer") on April 17, 2001 at 11:30 a.m. at the McCullough Room, Rosenberg Public Library, 2310 Sealy Avenue, Galveston, Texas, 77550-2296, with respect to an issue of multifamily housing revenue bonds (the "Bonds") to be issued by the Issuer in one or more series in the aggregate amount not to exceed $15,000,000, the proceeds of which will be loaned to Agape Ashton/Woodstock, Inc., a corporation exempt under Section 501(c)(3) of the Internal Revenue Code, to finance the acquisition, construction, rehabilitation and equipment of two separate multifamily housing projects (the "Projects") located in Arlington and Galveston, Texas. The public hearing, which is the subject of this notice, will concern the Ashton Place Apartments containing 172 units, located at 6904 Lasker Drive, Galveston, Texas 77551. The Project will be owned by Agape Ashton/Woodstock, Inc.

All interested parties are invited to attend such public hearing to express their views with respect to the Project and the issuance of the Bonds. Questions or request for additional information may be direct to Daniel C. Owen at the Texas State Affordable Housing Corporation, 1715 West 35th Street, Austin, Texas 78703; 1-888-638-3555 ext. 404.

Persons who intend to appear at the hearing and express their views are invited to contact Daniel C. Owen in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to Daniel C. Owen prior to the date scheduled for the hearing.

Individuals who require auxiliary aids in order to attend this meeting should contact Glenda Houchin David, ADA Responsible Employee, at 1-888-638-3555, ext. 417 through Relay Texas at 1-800-735-2989 at least two days before the meeting so that appropriate arrangements can be made.

Individuals who require child care to be provided at this meeting should contact Glenda Houchin David at 1-888-638-3555, ext. 417, at least five days before the meeting so that appropriate arrangements can be made.

Individuals may transmit written testimony or comments regarding the subject matter of this public hearing to Daniel Owen at dowen@tsahc.com.

TRD-200101924

Daniel C. Owen

Vice President

Texas State Affordable Housing Corporation

Filed: April 3, 2001


Notice Of Public Hearing

TEXAS STATE AFFORDABLE HOUSING CORPORATION MULTIFAMILY HOUSING REVENUE BONDS (AGAPE ASHTON/WOODSTOCK DEVELOPMENT) SERIES 2001

Notice is hereby given of a public hearing to be held by the Texas State Affordable Housing Corporation (the "Issuer") on April 16, 2001 at 11:30 a.m. at City Hall, Council Chambers, 101 West Abram Street, First Floor, Arlington, Texas, 76010, with respect to an issue of multifamily housing revenue bonds (the "Bonds") to be issued by the Issuer in one or more series in the aggregate amount not to exceed $15,000,000, the proceeds of which will be loaned to Agape Ashton/Woodstock, Inc., a corporation exempt under Section 501(c) of the Internal Revenue Code, to finance the acquisition, construction, rehabilitation and equipment of two separate multifamily housing projects (the "Projects") located in Arlington and Galveston, Texas. The public hearing, which is the subject of this notice, will concern the Woodstock Apartments containing 128 units, located at 2121 Washington Circle, Arlington, Texas 76011. The Project will be owned by Agape Ashton/Woodstock, Inc.

All interested parties are invited to attend such public hearing to express their views with respect to the Project and the issuance of the Bonds. Questions or request for additional information may be direct to Daniel C. Owen at the Texas State Affordable Housing Corporation, 1715 West 35th Street, Austin, Texas 78703; 1-888-638-3555 ext. 404.

Persons who intend to appear at the hearing and express their views are invited to contact Daniel C. Owen in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to Daniel C. Owen prior to the date scheduled for the hearing.

Individuals who require auxiliary aids in order to attend this meeting should contact Glenda Houchin David, ADA Responsible Employee, at 1-888-638-3555, ext. 417 through Relay Texas at 1-800-735-2989 at least two days before the meeting so that appropriate arrangements can be made.

Individuals who require child care to be provided at this meeting should contact Glenda Houchin David at 1-888-638-3555, ext. 417, at least five days before the meeting so that appropriate arrangements can be made.

Individuals may transmit written testimony or comments regarding the subject matter of this public hearing to Daniel Owen at dowen@tsahc.com.

TRD-200101925

Daniel C. Owen

Vice President

Texas State Affordable Housing Corporation

Filed: April 3, 2001


Texas Board of Architectural Examiners

Feasibility Study Request for Proposal

Pursuant to the 1999 General Appropriations Act, Article VIII-8, the Texas Board of Architectural Examiners announces the issuance of a Request for Proposal from individuals and firms with demonstrated competence and qualifications and documented expertise in the area of professional licensing examination development to submit proposals to conduct a feasibility study and submit a written report addressing the development of a Texas state licensing examination for applicants for architectural registration in Texas. The purpose of the study is to determine whether significant cost savings might be realized through the development and implementation of a Texas state examination as an alternative to the national standardized licensing examination offered by the National Council of Architectural Registration Boards (NCARB). The consultant selected will be expected to conduct a comprehensive study focused on a cost-benefit analysis of the development and implementation of a Texas state architectural licensing examination. The consultant will be responsible for addressing all aspects of the development and implementation of a Texas state exam. The study shall include a thorough assessment of the costs of developing and administering a Texas state exam and shall include a time schedule for the development and implementation of a Texas state exam. The study also shall include a thorough assessment of the impact of a Texas state exam on opportunities for reciprocal registration in other jurisdictions for individuals who are licensed through the Texas state exam. All other significant benefits and consequences associated with a Texas state exam shall be addressed. The consultant selected will be responsible for submitting a thorough written report sufficiently detailed to allow decision makers to determine whether it is desirable to proceed with the development of a Texas state exam. Proposals must include a description of the planned strategy for conducting a thorough study of the development of a Texas state exam. Proposals also must include a detailed time schedule for conducting the study and preparing the written report of the study and must include a detailed schedule of all costs related to the study.

Each proposal must include descriptions of the proposer's qualifications, experience, personnel, and existing commitments and must include a list of references. A complete set of the work papers used to conduct the study and prepare the written report must be maintained by the consultant selected and must be provided to the Texas Board of Architectural Examiners (TBAE). All proposals must be specific and must be responsive to the criteria set forth in the RFP.

Contact: Copies of the RFP may be obtained from TBAE by contacting Carolyn Lewis at (512) 305-8525; Carolyn.lewis@tbae.state.tx.us. Interested parties are invited to submit proposals as more fully described in the Request For Proposals (RFP) available from TBAE at 333 Guadalupe, Suite 2-350, Austin, Texas 78701.

Closing Date: All proposals must be received in the Austin office of the Texas Board of Architectural Examiners no later than 5:00 p.m. on June 1, 2001. The feasibility study must be completed and the final written report must be received by TBAE no later than September 28, 2001. Submit five (5) copies of your proposal to Texas Board of Architectural Examiners, RFP Responses, P.O. Box 12337, Austin, Texas 78711-2337 no later than 5:00 p.m. on June 1, 2001. Proposals may be modified or withdrawn prior to the established due date.

Evaluation and Award Procedure: The Texas Board of Architectural Examiners reserves the right to conduct discussions with any and all proposers or to award a contract without such discussions based only on evaluation of the written proposals. All timely proposals shall be reviewed by a review committee according to the criteria listed in the RFP. The committee shall begin reviewing the timely proposals no later than June 2, 2001. TBAE plans to select a consultant and enter into an agreement for consulting services no later than June 29, 2001, but reserves the right enter into an agreement for consulting services after June 29, 2001, or to reject any and all proposals. If a consultant is selected and an agreement for consulting services is entered, TBAE shall submit information regarding the consultant and the agreement to the Secretary of State for publication in the Texas Register not later than the 20th day after the date the agreement is entered. Each proposal will be evaluated according to the demonstrated competence and qualifications and documented expertise of the person or entity submitting the proposal. The consultant selected must demonstrate a present ability to complete the study and submit the written report prior to the stated deadline. Costs associated with the study also will be considered. Consideration also will be given to proposal content and to the proposer's writing skills and the apparent effectiveness of the planned strategy for conducting the feasibility study.

The following specific areas will be evaluated: Knowledge of the psychometric principles routinely employed by professional licensing examinations to ensure examination validity, reliability, and defensibility; Knowledge of the methods routinely employed to write multiple-choice questions for professional licensing examinations; Knowledge of the grading procedures routinely employed to score multiple-choice questions for professional licensing examinations; Knowledge of the methods employed to produce graphic vignettes for licensing examinations for design professionals; Knowledge of the grading procedures employed to score graphic vignettes for licensing examinations for design professionals; Knowledge of various test delivery methods that may be used to deliver professional licensing examinations, including both paper-and-pencil and computerized formats; Knowledge of the costs associated with the development and implementation of licensing examinations for design professionals; Knowledge of the technical skills generally necessary to competent architectural practice; Knowledge of the profession of architecture as it pertains to the educational system, the internship process, and licensure requirements; Knowledge of the standardized professional licensing examination employed by the National Council of Architectural Registration Boards (NCARB); Experience in the development of professional licensing examinations for architectural candidates; and Knowledge of standards for reciprocal registration implemented by architectural licensing boards throughout the United States.

Costs and time schedules associated with the study will be considered. Proposals should include a detailed breakdown of all costs related to the feasibility study. The total of all costs associated with the study may not exceed $25,000.00.

Proposals must state that the proposed terms will remain in effect for at least forty-five (45) days after the scheduled due date.

The RFP in no manner obligates the State of Texas to the eventual purchase of any services described in the RFP. The Texas Board of Architectural Examiners reserves the right to reject any and all proposals. The State of Texas assumes no responsibility for expenses incurred in preparing responses to the RFP.

TRD-200101953

Carolyn Lewis

Deputy Director

Texas Board of Architectural Examiners

Filed: April 4, 2001


Office of the Attorney General

Access and Visitation Grant Request for Applications

Pursuant to 42 U.S.C. 669b, the U.S. Department of Health and Human Services is providing grant funding to the State of Texas for non-custodial parent access and visitation programs. The Office of the Attorney General is responsible for the administration of the program in Texas. The Office of the Attorney General intends to award grants to eligible entities for the purposes of the program.

These grants may be used to establish and administer programs to support and facilitate non- custodial parent's access to and visitation with their children. Eligible activities include: mediation, counseling, education, development of parenting plans, visitation enforcement (including monitoring, supervision and neutral drop-off and pickup), and development of guidelines for visitation and alternative custody arrangements. Projects funded under this program do not have to run on a statewide basis. Entities eligible for funding include: courts, local public entities, and private non-profit organizations. Matching funds (cash or in-kind) are required.

To assist your organization in applying for these funds, our office has developed instructions to guide you through the application process. All request for applications can be submitted via e-mail, fax or U.S. mail, to:

Arlene Pace

Office of the Attorney General

Child Support Division

P.O. Box 12017

Austin, Texas 78711-2017

512-460-6993 phone

512-460-6028 fax

arlene.pace@oag.state.tx.us.

If you prefer, you can also download the application from our website at www.oag.state.tx.us. , click on the Child Support page.

The deadline for submitting applications is 5:00 p.m., Central Daylight Savings Time, Monday, May 21, 2001. Applicants should note that submissions received after this time and date will only be considered at the OAG's discretion. Applicants should also be aware that intensified interest in the grant has necessitated our placing a cap of $50,000 on any single award, so that we may allocate funding to as many deserving organizations as possible.

If you have any questions regarding this publication, please call A.G. Younger at 512-463-2110.

TRD-200101928

Susan D. Gusky

Assistant Attorney General

Office of the Attorney General

Filed: April 3, 2001


Texas Bond Review Board

Biweekly Report of the 2001 Private activity Bond Allocation Program

The information that follows is a report of the 2001 Private Activity Bond Allocation Program for the period of March 17, 2001 through March 30, 2001.

Total amount of state ceiling remaining unreserved for the $325,809,688 subceiling for qualified mortgage bonds under the Act as of March 30, 2001: $112,791,708

Total amount of state ceiling remaining unreserved for the $143,356,262 subceiling for state-voted issue bonds under the Act as of March 30, 2001: $143,356,262

Total amount of state ceiling remaining unreserved for the $97,742,906 subceiling for qualified small issue bonds under the Act as of March 30, 2001: $94,742,906

Total amount of state ceiling remaining unreserved for the $215,034,394 subceiling for residential rental project bonds under the Act as of March 30, 2001: $15,049,394

Total amount of state ceiling remaining unreserved for the $136,840,069 subceiling for student loans bonds under the Act as of March 30, 2001: $31,840,069

Total amount of state ceiling remaining unreserved for the $384,455,431 subceiling for all other issue bonds under the Act as of March 30, 2001: $23,855,431

Total amount of the $1,303,238,750 state ceiling remaining unreserved under the Act as of March 30, 2001: $421,635,770

Following is a comprehensive listing of applications, which have received a Certificate of Reservation pursuant to the Act from March 17, 2001 through March 30, 2001: None

Following is a comprehensive listing of applications, which have issued and delivered the bonds and received a Certificate of Allocation pursuant to the Act from March 17, 2001 through March 30, 2001:

1) Issuer: Gulf Coast Waste Disposal Authority

User: CITGO Petroleum Corporation

Description: All Other Issue--Pasadena, Texas

Amount: $25,000,000

2) Issuer: Brazos River Harbor Navigation District of Brazoria County, Texas

User: Merey Sweeney, L.P.

Description: All Other Issue--Brazoria, Texas

Amount: $25,000,000

Following is a comprehensive listing of applications, which were either withdrawn or cancelled pursuant to the Act from March 17, 2001 through March 30, 2001:

1) Issuer: Stephenville IDC

User: Raskas Cheese Products of Texas, Inc.

Description: Qualified Small Issue--Stephenville, Texas

Amount: $10,000,000

2) Issuer: TDHCA

User: Hemma, Ltd.

Description: Multifamily Residential Rental Project--Hays Villas

Amount: $9,000,000

Following is a comprehensive listing of applications, which released a portion or their entire reserved amount pursuant to the Act from March 17, 2001 through March 30, 2001: None

For a more comprehensive and up-to-date summary of the 2001 Private Activity Bond Allocation Program, please visit the website (www.brb.state.tx.us). If you have any questions or comments, please contact Steve Alvarez, Program Administrator, at (512) 475-4803 or via email at alvarez@brb.state.tx.us.

TRD-200101904

Steve Alvarez

Program Administrator

Texas Bond Review Board

Filed: April 2, 2001


Coastal Coordination Council

Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence under the Texas Coastal Management Program

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for these activities extends 30 days from the date published on the Coastal Coordination Council web site. Requests for federal consistency review were received for the following projects(s) during the period of February 23, 2001, through March 15, 2001. The public comment period for these projects will close at 5:00 p.m. on April 16, 2001.

FEDERAL AGENCY ACTIONS

Applicant: Laguarta & Company; Location: The project site is located on the Gulf Intracoastal Waterway (GIWW), approximately 1.4 miles west of Port O'Connor, south of State Highway 185, and approximately 1,000 feet east of Scurlock Road, in Nueces County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled Port O'Connor, Texas. Approximate UTM Coordinates: Zone 14; Easting 750460; Northing: 3147300. CCC Project No.: 01-0089-F1; Description of Proposed Action: The applicant proposes to construct a 194-residential-lot canal subdivision, a marina with 175-boat capacity, and a motel/conference/recreation center on a 69-acre tract of land. The project would include a concrete bulkhead along all the canals. Along the GIWW, the bulkhead will extend approximately 37 feet out from the existing shoreline. The applicant proposes to excavate in front of this bulkhead to 6 feet below mean sea level (MSL) for boat access. All channels inside the project will be excavated to 6 feet below MSL, and the entrance channel to the GIWW is proposed to be 8 feet below MSL. Type of Application: This application is being evaluated under Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act.

Applicant: Calhoun County Navigation District; Location: The project site is located near Port of Lavaca-Point Comfort at Lavaca Bay, in Calhoun County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled Point Comfort, Texas. Approximate UTM Coordinates: Zone 14; Easting 739030; Northing: 3170730. CCC Project No.: 01-0091-F1; Description of Proposed Action: The applicant proposes to amend Department of the Army (DOA) Permit 14541 by adding two upland confined dredged material placement areas (PA). The PAs would provide additional upland capacity for material excavated during the maintenance of facilities managed by the Port of Lavaca-Point Comfort at Lavaca Bay. Type of Application: This application is being evaluated under Section 10 of the Rivers and Harbors Act of 1899.

Applicant: Cabot Oil & Gas Corporation; Location: The project site is located within the Corpus Christi Bayou channel, in Corpus Christi Bay, in State Tract 285, in Nueces County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled Estes, Texas. Approximate UTM Coordinates: Zone 14; Easting 687365; Northing: 3087258. CCC Project No.: 01-0093-F1; Description of Proposed Action: The applicant proposes to install, operate, and maintain structures and equipment necessary for oil and gas drilling, production, and transportation activities for Well Number 1. The project includes installation of a typical marine barge and keyway, a production platform with attendant facilities, and flowlines between well and production platforms. If necessary, approximately 2,667 cubic yards of shell, gravel, or crushed rock will be discharged to construct a 240-foot long by 100-foot wide by 3-foot deep pad to position the marine barge. The approximate water depth of Corpus Christi Bayou at the proposed well location will range from 3 feet MLT near the northern edge of the channel to 10 feet MLT near the channel centerline. Seagrass beds occur in the shallow bay waters in the vicinity of the proposed project. Type of Application: This application is being evaluated under Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act.

Applicant: DSND-Horizon, LLC; Location: The project site is located on the right descending bank of the Sabine-Neches Waterway, above Sabine Lake. The site is approximately 1/2 mile downstream of the intersection of the Neches River, Sabine-Neches Waterway, and Intracoastal Canal (USACE Station 540 + 00), and at 8200 Yacht Club Road, Port Arthur, Jefferson County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled West of Greens Bayou, Texas. Approximate UTM Coordinates: Zone 15; Easting 416844; Northing: 3314111. CCC Project No.: 01-0098-F1; Description of Proposed Action: The applicant proposes to amend Department of the Army permit 21750 to add the construction of 2 new dock facilities, consisting of breasting structures, mooring structures, and associated access structures, and to mechanically and/or hydraulically dredge approximately 125,000 cubic yards to allow boat or ship access to the new dock facilities. The proposed amendment also includes the placement of riprap along approximately 450 linear feet of shoreline for bank stabilization. Type of Application: This application is being evaluated under Section 404 of the Clean Water Act.

Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Coastal Coordination Council for review.

Further information for the applications listed above may be obtained from Ms. Diane P. Garcia, Council Secretary, Coastal Coordination Council, 1700 North Congress Avenue, Room 617, Austin, Texas 78701-1495, or diane.garcia@glo.state.tx.us. Comments should be sent to Ms. Garcia at the above address or by fax at 512/475-0680.

TRD-200101967

Larry R. Soward

Chief Clerk, General Land Office

Coastal Coordination Council

Filed: April 4, 2001


Comptroller of Public Accounts

Notice of Request for Proposals

Pursuant to Chapter 2254, Subchapter B, and Sections 403.011 and 403.020, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces the issuance of a Request for Proposals (RFP #120a) from qualified, independent firms and individuals to submit proposals for consulting services to assist Comptroller in gleaning data from eighteen (18) independent school district management and performance reviews (Reviews) for inclusion in Comptroller's Best Practices Database: A+ Ideas for Managing Schools (AIMS) Database (Project). Currently, thirteen (13) Reviews are ready to load into the AIMS Database and, within the next two months, another five (5) Reviews will be released. Comptroller seeks assistance from qualified independent individuals and firms to conduct four distinct segments of this Project; therefore, this RFP contemplates the award of one or more contracts for four distinct projects valued at not more than $15,000 each. Comptroller estimates the total budget for the Project at $60,000. The successful respondent(s) will be expected to begin performance of the contract or contracts, if any, on or about May 28, 2001.

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, 78774, telephone number: (512) 305-8673, to obtain a copy of the RFP. Comptroller will mail copies of the RFP only to those specifically requesting a copy. The RFP was made available for pick-up at the above-referenced address on Friday, April 13, 2001, between 2 p.m. and 5 p.m., Central Zone Time (CZT), and during normal business hours thereafter. Comptroller also made the complete RFP available electronically on the Texas Marketplace at: http://www.marketplace.state.tx.us after 2 p.m. (CZT) on Friday, April 13, 2001. All written inquiries and questions regarding the RFP or Project should be sent via facsimile to Mr. Harris at: (512) 475-0973, not later than 2:00 p.m. (CZT), on Tuesday, May 1, 2001. Official responses to questions received by the foregoing deadline will be posted electronically on the Texas Marketplace no later than May 4, 2001, or as soon thereafter as practical.

Closing Date: Proposals must be received in Assistant General Counsel's Office at the address specified above (ROOM G-24) no later than 2 p.m. (CZT), on Monday, May 14, 2001. 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. Comptroller will make the final decision regarding the award of a contract. Comptroller reserves the right to award one or more contracts under this RFP.

Comptroller reserves the right to accept or reject any or all proposals submitted. Comptroller is under no legal or other obligation to execute a contract on the basis of this notice or the distribution of any RFP. Comptroller shall not pay for any costs incurred by any entity in responding to this Notice or the RFP.

The anticipated schedule of events is as follows: Issuance of RFP - April 13, 2001, 2 p.m. CZT; All Inquiries and Questions Due - May 1, 2001, 2 p.m. CZT; Official Responses to Questions Posted - May 4, 2001, or as soon thereafter as practical; Proposals Due - May 14, 2001, 2 p.m. CZT; Contract Execution -May 25, 2001, or as soon thereafter as practical; Commencement of Project Activities - May 28, 2001.

TRD-200101920

Pamela Ponder

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: April 3, 2001


Office of Consumer Credit Commissioner

Correction of Error

The Office of Consumer Credit Commissioner adopted new 7 TAC §85.420, concerning purchase transactions. The notice of adoption was published in the March 30, 2001, Texas Register (26 TexReg 2536).

There were two typographical errors in the text of the adopted rule, as well as in the proposed text in the September 22, 2000, Texas Register (25 TexReg 9304).

In §85.420(a)(1), the reference to "§85.405(a)(4)" is incorrect. The paragraph should read:

"(1) §85.405(a)(5) of this title--Legible information;"

In §85.420(a)(2), the reference to "§85.405(a)(5)" is incorrect. The paragraph should read:

"(2) §85.405(a)(6) of this title--Proper identification;"

TRD-200101893


Notice of Rate Ceilings

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

The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the period of 04/09/01 - 04/15/01 is 18% for Consumer 1 /Agricultural/Commercial2 /credit thru $250,000.

The weekly ceiling as prescribed by Sections 303.003 and 303.09 for the period of 04/09/01 - 04/15/01 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-200101918

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: April 3, 2001


Texas Department of Criminal Justice

Notice to Bidders - Corsicana State Homes

The Texas Youth Commission invites bids for the repair of selected portions of the interior road and associated drainage system at the Corsicana State Home located in Corsicana, Texas. The project consists of removal of existing pavement including asphaltic concrete pavement, curb and gutter, base material, and damaged subgrade. New pavement shall be constructed including lime treated subgrade, base material, asphaltic concrete surfacing, curb and gutter and related items as further shown in the Contract Documents prepared by : Schaumburg & Polk, Inc.

All bidders will be required to meet the following requirements and submit evidence with submission of bid:

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 must be accompanied by a Bid Guarantee in the amount of 5.0% of greatest amount bid. Bid Guarantee may be in the form of a Bid Bond or Certified Check. 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 Architect/Engineer at a cost of $50.00 (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 the Architect/Engineer : Schaumburg & Polk, Inc., 117 North Spring Avenue, Tyler, Texas; Contact: Allan Ross, Phone: (903) 595-9379; FAX: (903) 595-2093.

A Pre-Bid conference will be held at 10:00 AM on April 19, 2001, at the Corsicana State School, Corsicana, Texas followed by a site-visit. ATTENDANCE IS MANDATORY.

Bids will be publicly opened and read at 2:30 PM on May 1, 2001, in Room 1030 (Conference Room) at the TDCJ Purchasing and Leases Department located at Two Financial Plaza, Suite 525, Huntsville, Texas 77340.

The Texas Youth Commission requires the Contractor to make a good faith effort to include Historically Underutilized Businesses (HUB's) in at least 11.9% 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-200101856

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: March 29, 2001


Notice to Bidders - Corsicana State Home - Roof Repairs

The Texas Youth Commission invites bids for the Roof repairs at Corsicana, Texas. The project consists of the re-roofing of buildings 1, 3, 7, 9 and 10 at the existing Corsicana State Home, Corsicana, Texas as further shown in the Contract Documents prepared by : Schaumburg & Polk, Inc.

All bidders will be required to meet the following requirements and submit evidence with submission of bid:

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 must be accompanied by a Bid Guarantee in the amount of 5.0% of greatest amount bid. Bid Guarantee may be in the form of a Bid Bond or Certified Check. 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 Architect/Engineer at a cost of $ 25.00 (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 the Architect/Engineer : Schaumburg & Polk, Inc., 117 North Spring Avenue, Tyler, Texas; Contact: Allan Ross, Phone: (903) 595-9379, FAX: (903) 595-2093.

A Pre-Bid conference will be held at 10:00 AM on April 19, 2001, at the Corsicana State School, Corsicana, Texas followed by a site-visit. ATTENDANCE IS MANDATORY.

Bids will be publicly opened and read at 3:00 PM on May 1, 2001, in Room 1030 (Conference Room) at the TDCJ Purchasing and Leases Department located at Two Financial Plaza, Suite 525, Huntsville, Texas 77340.

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-200101855

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: March 29, 2001


Notice to Bidders - Crockett State School

The Texas Youth Commission invites bids for the repair of selected portions of the interior road and associated drainage system at the Crockett State School located in Crockett, Texas. The project consists of removal of existing pavement including asphaltic concrete pavement, curb and gutter, base material, and damaged subgrade. New pavement shall be constructed including lime treated subgrade, base material, asphaltic concrete surfacing, curb and gutter and related items as further shown in the Contract Documents prepared by : Schaumburg & Polk, Inc.

All bidders will be required to meet the following requirements and submit evidence with submission of bid:

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 must be accompanied by a Bid Guarantee in the amount of 5.0% of greatest amount bid. Bid Guarantee may be in the form of a Bid Bond or Certified Check. 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 Architect/Engineer at a cost of $ 50.00 (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 the Architect/Engineer : Schaumburg & Polk, Inc., 117 North Spring Avenue, Tyler, Texas; Contact: Allan Ross, Phone: (903) 595-9379; FAX: (903) 595-2093.

A Pre-Bid conference will be held at 2:00 PM on April 19, 2001, at the Crockett State School, Crockett, Texas followed by a site-visit. ATTENDANCE IS MANDATORY.

Bids will be publicly opened and read at 2:00 PM on May 1, 2001, in Room 1030 (Conference Room) at the TDCJ Purchasing and Leases Department located at Two Financial Plaza, Suite 525, Huntsville, Texas 77340.

The Texas Youth Commission requires the Contractor to make a good faith effort to include Historically Underutilized Businesses (HUB's) in at least 11.9% 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-200101857

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: March 29, 2001


Notice to Bidders - West Texas State School

The Texas Youth Commission invites bids for improvements and construction at the West Texas State School. The project consist of road improvements, drainage improvements of selected portions of the interior roads; and new construction of an additional road, also replace roofs on five buildings , replace the facilities condensers at the walk-in freezer/coolers; and install an debris trap; at the West Texas State School located in Pyote, Texas, South Service Road IH 20 Pyote, Texas 79777. The work includes mechanical, concrete, and civil as further shown in the Contract Documents prepared by : Parkhill, Smith & Cooper, Inc.

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 must be accompanied by a Bid Guarantee in the amount of 5.0% of greatest amount bid. Bid Guarantee may be in the form of a Bid Bond or Certified Check. 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 Architect/Engineer at a cost of $ 35.00 (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 the Architect/Engineer : Parkhill, Smith & Cooper, Inc, 5214 Thomason Drive, Midland, Texas 79703; Contact: Jay Edwards, Phone: ( 915) 697-1447; FAX: (915) 697-9758.

A Pre-Bid conference will be held at 10:00 am on April 19,2001, at the West Texas State School, in Pyote, Texas, followed by a site-visit. ATTENDANCE IS NOT MANDATORY.

Bids will be publicly opened and read at 2:00 pm on May 8,2001, At The Office of Parkhill, Smith & Cooper, Inc. 5214 Thomason Drive, Midland, 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-200101858

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: March 29, 2001


Request for Qualifications

Request for Qualifications - 696-FD-1-Q021

The Texas Department of Criminal Justice (TDCJ) announces that it requires professional design services in connection with new operations and other maintenance activities at various locations throughout the state, pursuant to the provisions in the Government Code, Chapter 2254, Subchapter A. TDCJ intends to contract with one or more firms to provide such services on an as needed basis throughout December 31, 2003. Documents are available March 23, 2001.

Please fill out completely. "Description" should contain a brief description of the goods or services to be procured. Minimum Contractor (business entity) qualifications should be listed. Please make your description complete but concise.

Contact information: Connie M. West -- Contract Administrator, Two Financial Plaza, Suite 525, Huntsville, Texas 77340; Phone: 936-437-7137; Fax: 936-437-7088.

TRD-200101854

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: March 29, 2001


Texas Council for Developmental Disabilities

Intent to Award Funds

Background

The Enterprise Foundation submitted a proposal in response to a Request for Proposals (RFP) for Best Practices Conferences posted in the Texas Register in March 2000. That RFP invited proposals for a grant project that would provide opportunities for self-advocates, family members, direct care staff and a variety of agencies and organization to network and share current knowledge and skills regarding issues of state, local and national significance with persons with disabilities. The Enterprise Foundation was awarded funds under this RFP beginning October 2000 and plans to coordinate the first conference in November 2001.

The Texas Council subsequently offered to host the annual conference of the Consortium of Developmental Disabilities Councils (CDDC), a national association representing state developmental disabilities councils of which it is a member. The CDDC conference will be conducted jointly with the TCDD Best Practices Conference coordinated by the Enterprise Foundation. Additional funds will therefore be awarded to the Enterprise Foundation for the additional support activities now required.

Terms of Funding

Funding for the grant to the Enterprise Foundation for the project to conduct best practices conferences will be increased by an amount not to exceed $12,000 above the amount announced in the RFP for activities during the current funding period.

For further information, contact Carl Risinger, TCDD Grants Management Director, Texas Council for Developmental Disabilities, 4900 North Lamar, Austin, Texas, 78751, (512) 424-4084.

TRD-200101963

Roger A. Webb

Executive Director

Texas Council for Developmental Disabilities

Filed: April 4, 2001


Request for Proposals

The Texas Council for Developmental Disabilities announces the availability of funds for one grant project. The Council is established by and funded under state and federal law and is responsible to promote the development of supports and services necessary for individuals with developmental disabilities to be fully included in their communities. The Council is responsible for developing a State Plan and approving grant projects to carry out objectives and activities in the State Plan. The Council has a commitment to support projects that will be carried out by organizations that share the Council's vision and values.

Request for Proposals Family-Based Alternatives Model Project

This announces the availability of funds of not more than $83,000 to be awarded by the Texas Council for Developmental Disabilities (TCDD) to establish, provide administrative support for, and facilitate the activities of a broad-based coalition that will develop a workable model for a system of family based alternatives for children currently living in institutions or at risk of being placed in institutions. Funds are available for one award for a project period of 12-15 months.

Project Activities:

The grantee will coordinate research and provide technical assistance to the Coalition regarding identification and removal of barriers to developing and supporting a system of family based alternatives in Texas.

The grantee will ensure the model addresses recruitment, training, and ongoing support of foster families as well as appropriate interventions with birth families.

The grantee will coordinate research to establish a model to identify, recruit, train, and provide ongoing support to foster families for children with disabilities.

The grantee will identify and/or develop resources that can provide appropriate training and technical assistance to child placement agencies, foster families, birth families where appropriate.

The grantee will provide technical assistance as requested by state agencies regarding family based alternatives.

The grantee will establish coordination with a network of local agencies and/or local coalitions interested in developing family-based alternatives for children who are medically fragile and/or who have disabilities.

Additional Terms:

Funds may not be used for organizational development or for direct services. Non-federal match of 25% is requested for the first year. Project activities located in counties designated, as federal poverty areas require a minimum of 10% matching resources. In-kind matching resources are allowable.

To receive an application packet containing the full request for proposals, application form and instructions, please submit a written, fax or e-mail request to: Carl Risinger, Grants Management Director, Texas Council for Developmental Disabilities, 4900 North Lamar Boulevard, Austin, Texas 78751-2399. (512) 424-4084 (voice) or (512) 424-4097 (fax). E-mail TXDD@rehab.state.tx.us. The application packet can be mailed via regular mail or obtained at TCDD's web site: TXDDC@txddc.state.tx.us. Application packet cannot be faxed.

Deadline:

Proposals will be accepted, by mail or in person, at the Texas Council for Developmental Disabilities office, 4900 North Lamar Blvd., Office #4435, 4th Floor, Austin, Texas, until 4:00 p.m. on June 4, 2001. Faxed copies will not be accepted.

TRD-200101962

Roger A. Webb

Executive Director

Texas Council for Developmental Disabilities

Filed: April 4, 2001


Texas Education Agency

Notice of Cancellation of Request for Applications Concerning Open-Enrollment Charter Guidelines and Application

The Texas Education Agency (TEA) published Request for Applications (RFA) #701-01-005 concerning Open-Enrollment Charter Guidelines and Application in the March 23, 2001, issue of the Texas Register (26 TexReg 2423). The TEA hereby gives notice of the cancellation of RFA #701-01-005.

Further Information. For further information, contact Mary Perry, Division of Charter Schools, TEA, at (512) 463-9575, or by e-mail at mperry@tea.state.tx.us.

TRD-200101966

Criss Cloudt

Associate Commissioner, Accountability Reporting and Research

Texas Education Agency

Filed: April 4, 2001


Notice of Public Hearing Concerning Proposed Amendments to 19 TAC Chapter 176, Driver Training Schools, Subchapter BB, Commissioner's Rules on Minimum Standards of Operation of Texas Driving Safety Schools and Course Providers

The Texas Education Agency will hold a public hearing to solicit testimony and input from the public on proposed amendments to 19 TAC Chapter 176, Driver Training Schools, Subchapter BB, Commissioner's Rules on Minimum Standards of Operation of Texas Driving Safety Schools and Course Providers, and the Proposed Technical Standards for Driving Safety Courses Taught by an Alternative Delivery Method that are incorporated by reference into the proposed amendments to 19 TAC Chapter 176, Subchapter BB. The Texas Government Code, §2001.029, requires that a state agency grant an opportunity for a public hearing before it adopts a substantive rule if a public hearing is requested by at least 25 persons. The hearing on proposed amendments to 19 TAC Chapter 176, Subchapter BB, will be held at the written request of 32 persons.

The hearing will be held on Monday, April 23, 2001, from 9:00 a.m. to 1:00 p.m., unless testimony concludes prior to that time, in Room 1-100 of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701.

Individuals who wish to testify at the hearing should sign in at the hearing site; however, no prior registration is necessary. Speakers are encouraged, but not required, to provide written copies of their testimony. Five copies are sufficient. Depending on the number of individuals who sign up to testify, testimony may be limited to five minutes per speaker.

Individuals needing translation services or other special accommodations should notify the Division of Driver Training at (512) 997-6500 by 5:00 p.m. on Wednesday, April 18, 2001.

Individuals who are unable to attend the hearing may send written comments to: Proposed Commissioner's Rules on Driving Safety and Course Providers, c/o Driver Training Division, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701-1494.

Individuals may contact Kathy Kenerson at (512) 997-6507 for additional information.

TRD-200101964

Criss Cloudt

Associate Commissioner, Accountability Reporting and Research

Texas Education Agency

Filed: April 4, 2001


Request for Proposals Concerning Developing an Accounting Policy and Procedure Manual

Eligible Proposers. The Texas Education Agency (TEA) is requesting proposals under Request for Proposals (RFP) #701-01-018 from nonprofit organizations, institutions of higher education, private companies, and individuals to develop the initial accounting policy and procedure manual documenting the expenditure processing requirements in TEA's Integrated Statewide Administrative System (ISAS), which is a modified version of PeopleSoft's Public Sector Financial Applications (version 7.02), including general ledger, accounts payable, and purchasing. Historically underutilized businesses (HUBs) are encouraged to submit proposals.

Description. The vendor will be required to interview accounting and other fiscal staff to produce a written accounting policy and procedure manual. The manual must include screen prints with step-by-step instructions for on-line entry and processing. The manual must be produced in a hard copy and an electronic format that allows for future updates and maintenance by TEA and that is available electronically for end users to access.

Dates of Project. All services and activities related to this proposal will be conducted within specified dates. Proposers should plan for a starting date of no earlier than June 1, 2001, and an ending date of no later than August 31, 2001.

Project Amount. One contractor will be selected to receive a maximum of $110,000 during the contract period. Subsequent project funding will be based on satisfactory progress of first-year objectives and activities by the contractor and on general budget approval making funds available.

Selection Criteria. Proposals will be selected based on the ability of each proposer to carry out all requirements contained in this RFP. The TEA will base its selection on, among other things, the demonstrated competence and qualifications of the proposer and upon the reasonableness of the proposed fee. The TEA reserves the right to select from the highest ranking proposals those that address all requirements in the RFP and that are most advantageous to the project.

The TEA is not obligated to execute a resulting contract, provide funds, or endorse any proposal submitted in response to this RFP. This RFP does not commit TEA to pay any costs incurred before a contract is executed. The issuance of this RFP does not obligate TEA to award a contract or pay any costs incurred in preparing a response.

Requesting the Proposal. A complete copy of RFP #701-01-018 may be obtained by writing the: Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701, by calling (512) 463-9304, or e-mailing dcc@tea.state.tx.us. Please refer to the RFP number in your request.

Further Information. For clarifying information about this RFP, contact Shirley Beaulieu, Division of Accounting, TEA, (512) 475-3773.

Deadline for Receipt of Proposals. Proposals must be received in the Document Control Center of the TEA by 5:00 p.m. (Central Time), Thursday, May 17, 2001, to be considered.

TRD-200101965

Criss Cloudt

Associate Commissioner, Accountability Reporting and Research

Texas Education Agency

Filed: April 4, 2001


Texas Department of Health

Designation of Cameron Clinic of Central Counties Center for Mental Health Mental Retardation Services as a Site Serving Medically Underserved Populations

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

Accordingly, the department has designated the following as a site serving medically underserved populations: Cameron Clinic of Central Counties Center for Mental Health Mental Retardation Services, 206 South Central Avenue, Cameron, Texas 76520. The designation is based on proven eligibility as a site serving a disproportionate number of clients eligible for federal, state, or locally funded health care programs.

Oral and written comments on this designation may be directed to Bruce Gunn, Ph.D., Director, Health Professions Resource Center, Office of Policy and Planning, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756; telephone (512) 458-7261. Comments will be accepted for 30 days from the publication date of this notice.

TRD-200101911

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 3, 2001


Designation of Gatesville Clinic of Central Counties Center for Mental Health Mental Retardation Services as a Site Serving Medically Underserved Populations

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

Accordingly, the department has designated the following as a site serving medically underserved populations: Gatesville Clinic of Central Counties Center for Mental Health Mental Retardation Services, 211 Lutterloh, Gatesville, Texas 76528. The designation is based on proven eligibility as a site serving a disproportionate number of clients eligible for federal, state, or locally funded health care programs.

Oral and written comments on this designation may be directed to Bruce Gunn, Ph.D., Director, Health Professions Resource Center, Office of Policy and Planning, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756; telephone (512) 458-7261. Comments will be accepted for 30 days from the publication date of this notice.

TRD-200101912

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 3, 2001


Designation of Hamilton Clinic of Central Counties Center for Mental Health Mental Retardation Services as a Site Serving Medically Underserved Populations

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

Accordingly, the department has designated the following as a site serving medically underserved populations: Hamilton Clinic of Central Counties Center for Mental Health Mental Retardation Services, 101 Park Hill Drive, Hamilton, Texas 76531. The designation is based on proven eligibility as a site serving a disproportionate number of clients eligible for federal, state, or locally funded health care programs.

Oral and written comments on this designation may be directed to Bruce Gunn, Ph.D., Director, Health Professions Resource Center, Office of Policy and Planning, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756; telephone (512) 458-7261. Comments will be accepted for 30 days from the publication date of this notice.

TRD-200101913

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 3, 2001


Designation of Killeen Clinic of Central Counties Center for Mental Health Mental Retardation Services as a Site Serving Medically Underserved Populations

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

Accordingly, the department has designated the following as a site serving medically underserved populations: Killeen Clinic of Central Counties Center for Mental Health Mental Retardation Services, 100 East Avenue A, Killeen, Texas 76541. The designation is based on proven eligibility as a site serving a disproportionate number of clients eligible for federal, state, or locally funded health care programs.

Oral and written comments on this designation may be directed to Bruce Gunn, Ph.D., Director, Health Professions Resource Center, Office of Policy and Planning, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756; telephone (512) 458-7261. Comments will be accepted for 30 days from the publication date of this notice.

TRD-200101914

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 3, 2001


Designation of University of Houston-Clear Lake Health Center as a Site Serving Medically Underserved Populations

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

Accordingly, the department has designated the following as a site serving medically underserved populations: University of Houston-Clear Lake Health Center, 2700 Bay Area Boulevard, Houston, Texas 77058. The designation is based on proven eligibility as a site serving a disproportionate number of clients eligible for federal, state, or locally funded health care programs.

Oral and written comments on this designation may be directed to Bruce Gunn, Ph.D., Director, Health Professions Resource Center, Office of Policy and Planning, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756; telephone (512) 458-7261. Comments will be accepted for 30 days from the publication date of this notice.

TRD-200101915

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 3, 2001


Licensing Actions for Radioactive Materials

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TRD-200101952

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 3, 2001


Notice of Change to Request for Proposals for Family and Community Health Services

INTRODUCTION

The Texas Department of Health (department) announces the following two changes in Attachment E, the Primary Health Care attachment of the FY2002 Request for Proposal (RFP). The change is effective immediately and has been incorporated in the RFP at www.tdh.state.tx.us/chrd-contracts/phc.htm. The notice of the RFP was published in the February 9, 2001 issue of the Texas Register (26 TexReg 1423).

DESCRIPTION OF CHANGE

The following two sections of Attachment E, Primary Health Care (PHC), are amended as follows:

I. Co-Pays.

Per the Texas Administrative Code, Title 25, Health Services, eligible individuals whose annual gross family income is below 100% of the FPIL may be charged a nominal fee for services rendered in accordance with their income and approved by the department in the contracting process. Eligible individuals whose annual gross family income is between 100% and 150% of the FPIL guidelines will be charged a co-payment on a sliding fee scale basis as determined by the provider and in accordance with the contract provisions. Contractors will be required to submit a co-pay schedule to PHC program staff for approval. Agencies that receive PHC funds may not deny services to any eligible PHC recipient based on inability to pay a co-pay.

J. Community Advisory Committee.

Membership: Each PHC contractor is to have a functional Community Advisory Committee (CAC) which is representative of the community, including the cultural, racial/ethnic, gender, economic and linguistic diversities. The CAC membership should include PHC clients as well as other community members selected for their areas of expertise. Those applicants with consumer-based governing boards whose majority is clients may use the board of directors to satisfy the CAC criteria as long as the duties, listed below, are fulfilled.

The PHC staff should serve as ex officio members and support staff to the committee, but may not serve in an official capacity.

Duties: Working with the PHC provider, the CAC is responsible for:

using available data to identify and prioritize the specific health-care needs of the population;

conducting a needs and capacities assessment;

identifying gaps in service;

identifying and designing specific interventions to address these issues; and

ensuring that the CAC has relevant by-laws or written policies.

DEADLINE

Proposals prepared according to instructions in the RFP package must be received on or before 5:00 P.M. Central Daylight Savings Time (CDT) on April 17, 2001. If an application is mailed, it will be considered as meeting the deadline if it is received on or before the due date.

TO OBTAIN A COPY OF THE REVISED REQUEST FOR PROPOSALS

To request a copy of these changes, contact the Contract Management Section, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3199, E-mail address contractmgt@tdh.state.tx.us, or fax (512) 458-7446.

OR

The revised RFP, downloadable forms, and information about contract requirements is available at www.tdh.state.tx.us/chrd-contracts/phc.htm.

TRD-200101969

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 4, 2001


Notice of Request for Proposals for Hospital Systems Development Grant Program

PURPOSE :

Trauma can occur anywhere, at any time. To help prevent death or disability, critical trauma victims must reach definitive care within a short period of time, often called the "golden hour". A set of resources must be in place and immediately accessible at all times to ensure that critical trauma victims are treated within this "golden hour". These resources include informed citizens, communications systems, pre-hospital care providers, and multidisciplinary trauma teams in emergency departments. With the inclusion of public information, prevention activities, and rehabilitation, this coordination of resources is called a trauma system. Studies have shown that coordination of the emergency medical resources available in an area can result in a major decrease in preventable trauma deaths.

This program is administered by the Bureau of Emergency Management (Bureau) of the Texas Department of Health (department). The program provides reimbursement for approved costs incurred for a specific project completed during a specified contract period, between October 1, 2001 - August 31, 2002.

DESCRIPTION :

The department is accepting proposals for projects to increase the availability and quality of hospital trauma care. Applicable projects are those that, upon completion, can demonstrate a positive impact on the delivery of trauma care in the facility, increased coordination of regional systems, and/or decreased incidence of trauma. Eligible projects include durable medical and computer equipment, education and training, injury prevention activities, and participation in regional and state trauma system activities required to achieve or maintain trauma designation.

PERFORMANCE REQUIREMENT :

Contracts will be developed between the department and successful applicants. The contract will be for a specified period of time and will detail items such as budget, reporting requirements, department general provisions, and any other specifics that might apply to the award. Hospitals designated as a trauma facility as of June 1, 2001, facilities actively seeking designation (having shown a commitment to become designated by having a survey, submitting a survey report, or submitting a complete level I, II, III, or IV trauma facility designation application between 6/1/00 and 6/1/01), and organizations representing department designated trauma facilities and those facilities actively seeking designation will be considered. The grant provides reimbursement for an approved project and associated costs which are reasonable and necessary and which are incurred after the grant award is made and during the stated contract period only. Reimbursement may be withheld and a request for return of funds may be necessary if any of the stated requirements of this grant are not met. It will be the responsibility of the grant recipient to maintain a record of all costs and activities related to the administration of the project. Projects must start on or after effective date of contract and must be completed prior to August 31, 2002.

Awards will be a maximum of $25,000.

Any project involving the purchase of computers and computer related items, including accessories and software, must be thoroughly described within the proposal. An appropriate description would be "300 MHz Pentium Processor, 64 MG RAM, 6.0 GB hard drive, 56K modem, 24X CD ROM." Also, a similar description of make and model for the printer, monitor, and any software is essential.

The program only provides reimbursement for approved costs associated with the implementation of the approved project. Projects will be funded until funds have been exhausted or preset limits reached. Eligible grant requests consist of durable medical and computer equipment, education and training, injury prevention activities, and participation in regional and state trauma system activities required to achieve or maintain trauma designation.

Examples of costs that are not applicable for funding include items such as salaries, fringe benefits, indirect costs, disposable supplies, and day-to-day operating expenses (e.g. insurance, loan payments, rent, etc.). Land purchases or building funds do not qualify as applicable projects under this program.

Should a project not be completed or the full allocation of funding not be used, the department may redistribute funds at its discretion. The department reserves the right to fund projects at any level considered appropriate, according to the availability of funds and justification for need. Any costs incurred prior to the contract start date will not be eligible for reimbursement.

ELIGIBLE APPLICANTS :

Grant applications from the following organizations will be considered: hospitals that have accomplished any of the following steps toward trauma facility designation by June 1, 2001: designated Level I, II, III, or IV trauma facilities; hospitals that have submitted a complete level I, II, III, or IV trauma facility designation application 6/1/00 and 6/1/01; hospitals that have completed a trauma facility survey and are awaiting designation; and organizations, such as Regional Advisory Councils (RACs) representing the department's designated trauma facilities and those facilities actively seeking designation. Applicant must meet their RAC's participation requirements.

CONTACT:

Information concerning the Request for Proposals (RFP) may be obtained from Ed Loomis, Grants Program Manager, Bureau of Emergency Management, Texas Department of Health, 1100 West 49th Street, Austin Texas 78756, Telephone (512) 834-6700, extension 2376, Fax (512) 834-6611 or Email ed.loomis@tdh.state.tx.us.

LIMITATIONS :

The department reserves the right to reject any or all applications and is not liable for costs incurred by the applicant in the development, submission, or review of the application. Costs incurred in the preparation of the application shall be borne by the applicant and are not allowable in the RFP.

The department reserves the right to alter, amend, or modify any provisions of this RFP, or to withdraw this RFP, at any time prior to the award of a contract pursuant thereto, if in the best interest of the department or the State of Texas to do so. The decision of the department will be administratively final in this regard.

DEADLINE :

The deadline for submitting the application, original proposal, applicable forms, plus one copy of each will be midnight, July 13, 2001. Only those original proposals and copies, which are postmarked or received by midnight, on or before July 13, 2001 will be reviewed regardless of the circumstances. Applications may be mailed, or hand delivered. If delivered by hand, the proposal must be taken to the Exchange Building, Bureau of Emergency Management, 8407 Wall Street, Suite S220, Austin, Texas, no later than 5:00 p.m. Central Daylight Saving Time, July 13, 2001.

The original and one copy of the completed application, applicable forms, and proposal should be mailed to Kathryn C. Perkins, Bureau Chief, Attention: Hospital System Development Grant Program, Bureau of Emergency Management, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3199.

EVALUATION AND SELECTION :

Grant applications from the following organizations will be considered. Hospitals designated as a trauma facility as of June 1, 2001, facilities actively seeking designation (having shown a commitment to become designated by having a survey, submitting a survey report, or submitting a complete level I, II, III, or IV trauma facility designation application between 6/1/00 and 6/1/01), and organizations representing the department's designated trauma facilities and those facilities actively seeking designation will be considered, and organizations (such as RACs) representing department designated trauma facilities and those facilities actively seeking designation. Applicants must meet their RAC's participation requirements to be considered for funding.

Proposals will be reviewed and evaluated based on information provided by the applicant. Eligibility criteria includes, but is not limited to: proposal received or postmarked by midnight, July 13, 2001; all signatures included; project can be completed by August 31, 2002; agency has not made any purchases prior to October 1, 2001; proposal does not exceed ten pages, including attachments; proposal is typed or computer generated (does not apply to department attachments). In addition, applications between multiple organizations (three or more organizations) will be allowed five additional pages per organization.

Evaluation criteria:

Level of Trauma Designation;

Only Trauma Designated Facility in county;

"Lead" Designated Facility;

Level of Regional Advisory Council participation (letter of endorsement recommended); and

Number of agencies benefiting from proposal;

Letters of support:

Emergency Department patient population vs. population served;

Average length of stay in Emergency Department for trauma patients;

Average transport distance to a higher-level trauma designated facility;

Detailed project budget included;

Detailed project timeline included;

Type of county (frontier, rural, or urban);

Method of project evaluation;

Current, pending, or past complaints; and

Commitment to trauma education.

Multi-entity proposals include: (three or more organizations)

Name of hospital(s);

Justification of hospitals' need; and

Detail description of each project for each hospital.

Proposals will be reviewed to ensure all budget items requested are applicable and appropriate, and that implementation of the proposed project is possible. Tentative approval will be given by the Chief of the Bureau of Emergency Management and the Associate Commissioner for Health Care Quality and Standards. Final approval will be given by the Commissioner of Health or the Commissioner's appointed agent. All projects not funded will remain active until the end of the funding cycle for consideration in the event funding becomes available.

The department strongly supports the concept of cooperative applications between multiple providers, and applications that clearly demonstrate and document regional projects involving multiple service organizations. In the event of a cooperative application between multiple entities being submitted, an itemized proposal must be provided to clearly identify equipment/training allocation. Though not a prerequisite for this grant, TDH encourages all applicants to pursue such cooperative agreements. Additionally, preference will be given to proposals that are most economical. For additional information contact Ed Loomis, Grants Program Manager, 1100 W. 49th Street, Austin, Texas 78756, telephone (512) 834-6700 or email ed.loomis@tdh.state.tx.us.

TRD-200101968

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 4, 2001


Texas Health and Human Services Commission

Public Notice

State Medicaid Office

The Health and Human Services Commission State Medicaid Office has received approval from the Health Care Financing Administration to amend the Title XIX Medical Assistance Plan by Transmittal Number 00-07, Amendment Number 572.

The amendment revises the payment methodology for nursing home services. Nursing homes may now participate in a program that provides additional funding for increases in staffing levels for registered nurses, licensed vocational nurses, medication aides, and nurse aides. The amendment is effective May 1, 2000.

If additional information is needed, please contact Pamela McDonald, Texas Department of Human Services at (512) 438-4086.

TRD-200101861

Marina S. Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Filed: March 29, 2001


Public Notice

State Medicaid Office

The Health and Human Services Commission State Medicaid Office has received approval from the Health Care Financing Administration to amend the Title XIX Medical Assistance Plan by Transmittal Number 00-19, Amendment Number 584.

The amendment reflects the current operational procedures of the Texas Medicaid managed care program as they relate to guaranteed eligibility and disenrollment rights. The amendment is effective November 1, 2000.

If additional information is needed, please contact Alison Smith, Texas Department of Health, at (512) 794-6852.

TRD-200101862

Marina S. Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Filed: March 29, 2001


Texas Department of Housing and Community Affairs

Request for Proposal to Provide Technical Assistance Educational Services

REQUEST FOR PROPOSALS TO PROVIDE TECHNICAL ASSISTANCE EDUCATIONAL SERVICES TO A THIRTY-TWO COUNTY AREA IN THE ALAMO AREA, COASTAL BEND, CONCHO VALLEY, LOWER RIO GRANDE VALLEY, MIDDLE RIO GRANDE, PERMIAN BASIN, RIO GRANDE, SOUTH TEXAS DEVELOPMENT, AND THE WEST CENTRAL TEXAS

The Texas Department of Housing and Community Affairs (TDHCA), Office of Colonia Initiatives (OCI), is accepting proposals for a one-year contract with a competent entity or individual to provide contract for deed consumer education workshops in designated counties located within 200 miles of the Texas-Mexico border. The entity or individual will provide contract for deed consumer education workshops on the provisions of the contract for deed legislation and the rights of a buyer who purchases residential land with a contract for deed.

1. Andrews

2. Brooks

3. Cameron

4. Coleman

5. Culberson

6. Dimmit

7. Duval

8. El Paso

9. Frio

10. Hidalgo

11. Jim Hogg

12. Jim Wells

13. Kinney

14. Kleberg

15. La Salle

16. Maverick

17. Mitchell

18. Nolan

19. Pecos

20. Presidio

21. Reagan

22. Reeves

23. San Patricio

24. Starr

25. Uvalde

26. Val Verde

27. Ward

28. Webb

29. Willacy

30. Winkler

31. Zapata

32. Zavala

The successful candidate will provide contract for deed consumer education as outlined in the workshop curriculum: Contract For Deed; Negative Aspects of the Contract For Deed; Determination & Notice of Applicability; Spanish Language Requirement; Seller's Disclosure of Condition of the Property; Seller's Disclosure of Financial Terms; Contract Terms Prohibited; Annual Accounting Statement; Buyer's Right to Cancel Contract Without Cause; Forfeiture and Acceleration or of Rescission; Notice of Forfeiture and Acceleration or of Rescission; Equity Protection: Sale of Property, Placement of Lien for Utility Service; The Buyer's Right to Pledge Interest In Property On Contracts Entered Into Before September 1, 1995; Recording Requirements; and Title Transfer.

Interested parties should have experience in executing educational workshops, considerable experience working with colonia residents and/or low income populations, experience teaching workshops in Spanish, have geographical knowledge of colonias and/or substandard living conditions in the designated counties, experience in affordable housing, real estate, or home ownership counseling programs, knowledge of the basic process of a contract for deed transaction, knowledge of or previous experience with state government or related entities, and experience with marketing to colonia residents or low income populations.

Proposals must be received at TDHCA headquarters no later than 5 p.m. on Friday, April 27, 2001. To obtain an application and/or additional information, please contact Juan Palacios or Susana Garza with the OCI at 1-800-462-4251.

TRD-200101865

Daisy A. Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: March 29, 2001


Texas Department of Insurance

Insurer Services

Application for admission to the State of Texas by SAFETY FIRST INSURANCE COMPANY, a foreign fire and casualty company. The home office is in St. Louis, Missouri.

Application for admission to the State of Texas by OKLAHOMA FARM BUREAU MUTUAL INSURANCE COMPANY, a foreign fire and casualty company. The home office is in Oklahoma City, Oklahoma.

Application to change the name of TITLEAMERICA INSURANCE CORPORATION to NORTH AMERICAN TITLE INSURANCE COMPANY, a foreign title company. The home office is in Miami, Florida.

Application for admission to the State of Texas by LANDCAR LIFE INSURANCE COMPANY, a foreign life company. The home office is in Sandy, Utah.

Application for admission to the State of Texas by LANDCAR CASUALTY COMPANY, a foreign fire and casualty company. The home office is in Sandy, Utah.

Application to change the name of UNDERWRITERS LLOYDS OF TEXAS COMPANY to AXA CORPORATE SOLUTIONS LLOYDS INSURANCE COMPANY OF TEXAS, a domestic Lloyds company. The home office is in Houston, Texas.

Application to change the name of ANTHEM LIFE INSURANCE COMPANY OF INDIANA to ANTHEM LIFE INSURANCE COMPANY, a foreign life company. The home office is in Indianapolis, Indiana.

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-200101821

Judy Woolley

Deputy Chief Clerk

Texas Department of Insurance

Filed: March 28, 2001


Insurer Services

Application for admission to the State of Texas by LONE STAR NATIONAL INSURANCE COMPANY, a foreign fire and casulty company. The home office is in Metamora, Illinois.

Application for admission to the State of Texas by NATIONAL BUILDING MATERIAL ASSURANCE COMPANY, a foreign fire and casualty company. The home office is in Metamora, Illinois.

Any objections must be filled with the Texas Department of Insurance, addressed to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.

TRD-200101960

Judy Woolley

Deputy Chief Clerk

Texas Department of Insurance

Filed: April 4, 2001


Third Party Administrator Applications

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

Application for admission to Texas of New England Benefit Companies, a foreign third party administrator. The home office is Warwick, Rhode Island.

Application for admission to Texas of McCamish Systems, LLC, a foreign third party administrator. The home office is Atlanta, Georgia.

Application for incorporation in Texas of LifeRe Administrators, Inc., a domestic third party administrator. The home office is San Antonio, 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-200101903

Judy Woolley

Deputy Chief Clerk

Texas Department of Insurance

Filed: April 2, 2001


Texas Lottery Commission

Instant Game No. 239 - "Deep Sea Doubler"

1.0 Name and Style of Game.

A. The name of Instant Game No. 239 is "DEEP SEA DOUBLER". The play style is a match three (3) of six (6) with a doubler".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 239 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 239.

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

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

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $100, $500, $2,000, and FISH 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. 239 - 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. 239 - 1.2E

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

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

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

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

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

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

K. Pack-Ticket Number - A thirteen (13) digit number consisting of the three (3) digit game number (239), 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 : 239-0000001-000.

L. Pack - A pack of "DEEP SEA DOUBLER" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 000 to 004 will be on the top page; tickets 005 to 009 will be on the next page and so on; tickets 245 to 249 will be on the last page. Tickets 000 and 249 will be folded down to expose the pack-ticket number.

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 "DEEP SEA DOUBLER" Instant Game No. 239 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 "DEEP SEA DOUBLER" Instant Game is determined once the latex on the ticket is scratched off to expose 11 (eleven) play symbols. If the player gets three (3) like amounts, the player wins that prize. If the player gets two (2) like amounts and a FISH symbol, the player will win double the prize amount. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly six (6) 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 six (6) 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 six (6) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 6 (six) 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 four (4) or more like play symbols on a ticket.

C. The doubler symbol will never appear on a ticket which contains three (3) like play symbols.

D. There will be no more than one (1) doubler symbol on a ticket.

E. No more than one (1) pair will appear on a ticket containing a doubler symbol.

F. No more than two (2) pairs of like play symbols on a ticket which does not contain a doubler symbol.

2.3 Procedure for Claiming Prizes.

A. To claim a "DEEP SEA DOUBLER" Instant Game prize of $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $100, or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00, $100 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "DEEP SEA DOUBLER" 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 "DEEP SEA DOUBLER" 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. 239. The approximate number and value of prizes in the game are as follows:

Table 3 of this section Figure 3:16 TAC GAME NO. 239- 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. 239 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. 239, 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-200101876

Ridgely C. Bennett

Deputy General Counsel

Texas Lottery Commission

Filed: March 30, 2001


Instant Game No. 204 - "Moolah Magic"

1.0 Name and Style of Game.

A. The name of Instant Game No. 204 is "MOOLAH MAGIC". The play style is a "key symbol match with doubler".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 204 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 204.

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

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

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: $1.00, $2.00, $4.00, $5.00, $8.00, $10.00, $20.00, $40.00, $50.00, $80.00, $100, $200, $4,000, MONEY BAG SYMBOL, STAR SYMBOL, WAND SYMBOL, and HAT 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 Figure 1:16 TAC GAME NO. 204 - 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. 204 - 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 &empty∅, which will only appear on low-tier winners and will always have a slash through it.

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

G. Low-Tier Prize - A prize of $1.00, $2.00, $4.00, $8.00, $10.00, or $20.00.

H. Mid-Tier Prize - A prize of $40.00, $50.00, $80.00, $100, or $200.

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

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

K. Pack-Ticket Number - A thirteen (13) digit number consisting of the three (3) digit game number (204), 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 : 204-0000001-000.

L. Pack - A pack of "MOOLAH MAGIC" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 000 to 004 will be on the top page; tickets 245 to 249 will be on the last page. Tickets 000 and 249 will be folded down to expose the pack-ticket number.

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 "MOOLAH MAGIC" Instant Game No. 204 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 "MOOLAH MAGIC" Instant Game is determined once the latex on the ticket is scratched off to expose 11 (eleven) play symbols. If the player gets three (3) "X" symbols or three (3) "0" symbols in any row, column or diagonal, the player wins the prize shown. If the player gets three (3) "X" symbols or three (3) "0" symbols in any row, column or diagonal and a MONEY BAG symbol, under the Bonus Area, the player will win double the prize amount 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 11 (eleven) 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 11 (eleven) 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 11 (eleven) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 11 (eleven) 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. Non-winning tickets will never contain a MONEY BAG symbol in the Bonus area.

C. The non-winning symbols in the Bonus area will be used an approximately even number of times on non-winning tickets.

2.3 Procedure for Claiming Prizes.

A. To claim a "MOOLAH MAGIC" Instant Game prize of $1.00, $2.00, $4.00, $5.00, $8.00, $10.00, $20.00, $40.00, $50.00, $80.00, $100, 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, $80.00, $100 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 Section 2.3.B and 2.3.C of these Game Procedures.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "MOOLAH MAGIC" 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 "MOOLAH MAGIC" 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. 204. The approximate number and value of prizes in the game are as follows:

Table 3 of this section Figure 3:16 TAC GAME NO. 204- 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. 204 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. 204, 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-200101874

Ridgely C. Bennett

Deputy General Counsel

Texas Lottery Commission

Filed: March 30, 2001


Instant Game No. 240 - "Wild Money"

1.0 Name and Style of Game.

A. The name of Instant Game No. 240 is "WILD MONEY". The play style is a "key number match with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 240 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 240.

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, $1.00, $2.00, $4.00, $5.00, $10.00, $25.00, $50.00, $100, $4,000, and WILD 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. 240 - 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. 240 - 1.2E

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

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

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

H. Mid-Tier Prize - A prize of $25.00, $50.00, or $100.

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

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

K. Pack-Ticket Number - A thirteen (13) digit number consisting of the three (3) digit game number (240), 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 : 240-0000001-000.

L. Pack - A pack of "WILD MONEY" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 000 to 004 will be on the top page; tickets 005 to 009 will be on the next page and so on; tickets 245 to 249 will be on the last page. Tickets 000 and 249 will be folded down to expose the pack-ticket number.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "WILD MONEY" Instant Game No. 240 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "WILD MONEY" Instant Game is determined once the latex on the ticket is scratched off to expose 13 (thirteen) play symbols. If the player matches any of YOUR NUMBERS to the Winning Number, the player will win the prize shown. If the player gets a WILD symbol, the player will win that prize automatically. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 13 (thirteen) 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 13 (thirteen) 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 13 (thirteen) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 13 (thirteen) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. There will be no duplicate non-winning YOUR WINNING numbers on a ticket.

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

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

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

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

2.3 Procedure for Claiming Prizes.

A. To claim a "WILD MONEY" Instant Game prize of $1.00, $2.00, $4.00, $5.00, $10.00, $25.00, $50.00, or $100, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00, or $100 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 20,000,000 tickets in the Instant Game No. 240. The approximate number and value of prizes in the game are as follows:

Table 3 of this section Figure 3:16 TAC GAME NO. 240- 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. 240 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. 240, 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. 4

TRD-200101875

Ridgely C. Bennett

Deputy General Counsel

Texas Lottery Commission

Filed: March 30, 2001


Texas Department of Mental Health and Mental Retardation

Notice of Availability of Texas Community Mental Health Services State Plan (Federal Community Mental Health Block Grant)

The Federal Community Mental Health Block Grant statute (42 USC 300x-51) requires that the Texas Department of Mental Health and Mental Retardation (TDMHMR) make the Texas Community Mental Health Services State Plan available for public comment during its development.

TDMHMR is currently revising the plan for Fiscal Year (FY) 2001 to describe the intended use of additional funds recently allocated through the federal FY 2001 budget. These funds must be utilized by TDMHMR to develop new initiatives and/or enhance already existing service delivery systems for adults with serious mental illness and children with serious emotional disturbance.

Copies of the 2001 Texas Community Mental Health Services State Plan and previous state plans submitted to the federal government may be obtained on the TDMHMR web site at http://www.mhmr.state.tx.us/CentralOffice/ProgramStatisticsPlanning/BGrants. htmlor by contacting Sam Shore, Director, Behavioral Health Services, Texas Department of Mental Health and Mental Retardation, P.O. Box 12668, Austin, Texas 78711-2668.

Comments regarding revisions to the 2001 Texas Community Mental Health Services State Plan should be directed to Sam Shore, Director, Behavioral Health Services, Texas Department of Mental Health and Mental Retardation, P.O. Box 12668, Austin, Texas 78711-2668. Comments must be received by 5:00 p.m., Friday, April 28, 2001.

TRD-200101926

Andrew Hardin

Chairman Texas MHMR Board

Texas Department of Mental Health and Mental Retardation

Filed: April 3, 2001


Texas Natural Resource Conservation Commission

Enforcement Orders

An agreed order was entered regarding DAL-TILE CORPORATION, Docket No. 2000- 0571-AIR-E on March 12, 2001 assessing $30,000 in administrative penalties with $6,000 deferred.

Information concerning any aspect of this order may be obtained by contacting SUZANNE WALRATH, Enforcement Coordinator at (512)239-2134, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding RALPH SELLERS DBA COUNTRY CARS #3, Docket No. 2000-0554-AIR-E on March 12, 2001 assessing $500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting DE'SHAUNE BLAKE, Enforcement Coordinator at (512)239-5839, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding EXPRO ENGINEERING INCORPORATED, Docket No. 2000-0454-AIR-E on March 12, 2001 assessing $6,750 in administrative penalties with $1,350 deferred.

Information concerning any aspect of this order may be obtained by contacting TONI TOLIVER, SEP Coordinator at (512)239-6122, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding TEXAS DEPARTMENT OF TRANSPORTATION, Docket No. 1998-1497-AIR-E on March 12, 2001 assessing $1,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting BOOKER HARRISON, Staff Attorney at (512)239-4113, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding REYNOLDS METALS COMPANY, Docket No. 2000-0631-AIR-E on March 12, 2001 assessing $206,060 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting TONI TOLIVER, SEP Coordinator at (512)239-6122, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding KIVA OIL COMPANY, Docket No. 2000-0840- AIR-E on March 12, 2001 assessing $750 in administrative penalties with $150 deferred.

Information concerning any aspect of this order may be obtained by contacting REBECCA CERVANTES, Enforcement Coordinator at (915)834-4965, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding BOB HENDERSON DBA DISCOUNT AUTO, Docket No. 2000-0860-AIR-E on March 12, 2001 assessing $375 in administrative penalties with $75 deferred.

Information concerning any aspect of this order may be obtained by contacting MELINDA HOULIHAN, Enforcement Coordinator at (817)469-6750, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding TEXAS DEPARTMENT OF TRANSPORTATION, Docket No. 1998-0352-EAQ-E on March 12, 2001 assessing $1,000 in administrative penalties with $200 deferred.

Information concerning any aspect of this order may be obtained by contacting BOOKER HARRISON, Staff Attorney at (512)239-4113, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding TEXAS DEPARTMENT OF TRANSPORTATION, Docket No. 1998-0748-IHW-E on March 12, 2001 assessing $8,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting BOOKER HARRISON, Staff Attorney at (512)239-4113, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding TEXAS DEPARTMENT OF TRANSPORTATION, Docket No. 1999-1518-PST-E on March 12, 2001 assessing $5,000 in administrative penalties with $1,000 deferred.

Information concerning any aspect of this order may be obtained by contacting BOOKER HARRISON, Staff Attorney at (512)239-4113, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding SPEEDI-MART CONVENIENCE STORE, INC., Docket No. 2000-1070-PST-E on March 12, 2001 assessing $900 in administrative penalties with $180 deferred.

Information concerning any aspect of this order may be obtained by contacting SHAWN HESS, Enforcement Coordinator at (806)468-0502, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding DEEP WATER WATER ASSOCIATION, Docket No. 2000-1053-PWS-E on March 12, 2001 assessing $313 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting SUBHASH JAIN, Enforcement Coordinator at (512)239-5867, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding HOUSTON POLY BAG 1, LIMITED AND HOUSTON POLY BAG 2, LIMITED DBA HOUSTON POLY BAG, Docket No. 2000-1055- PWS-E on March 12, 2001 assessing $625 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting SUBHASH JAIN, Enforcement Coordinator at (512)239-5867, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding TEXAS DEPARTMENT OF TRANSPORTATION, Docket No. 1999-0520-PWS-E on March 12, 2001 assessing $2,000 in administrative penalties with $400 deferred.

Information concerning any aspect of this order may be obtained by contacting BOOKER HARRISON, Staff Attorney at (512)239-4113, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding BILL BREZINA & TERRY TACKETT DBA A-OK SEPTIC SERVICE, Docket No. 2000-0552-SLG-E on March 12, 2001 assessing $3,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting BILL DAVIS, Enforcement Coordinator at (512)239-2359, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-200101820

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: March 28, 2001


Enforcement Orders

An agreed order was entered regarding SOUTHWEST UTILITIES, INC., Docket Number 1999-0807-MWD-E on March 26, 2001 assessing $3,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting JOSHUA OLSZEWSKI, Staff Attorney at (512) 239-3645, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CITY OF TENAHA, Docket Number 2000-0384-MWD-E on March 26, 2001 assessing $6,875 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting TONI TOLIVER, SEP Coordinator at (512) 239-6122, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding PREFERRED STAMPINGS OF TEXAS, INCORPORATED, Docket Number 2000-0670-PWS-E on March 26, 2001 assessing $750 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting LAWRENCE KING, Enforcement Coordinator at (512) 339-2929, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding FIELDER BURNETT DBA PONDEROSA MOBILE HOME COMPLEX, Docket Number 2000-0811-PWS-E on March 26, 2001 assessing $1,313 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting SHAWN HESS, Enforcement Coordinator at (806) 468-0502, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding NEW MILLENNIUM HOMES, INC., Docket Number 2000-0741-MLM-E on March 26, 2001 assessing $10,250 in administrative penalties with $2,050 deferred.

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 BERRIDGE MANUFACTURING COMPANY, Docket Number 2000-0676-MLM-E on March 26, 2001 assessing $43,125 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting TONI TOLIVER, SEP Coordinator at (512) 239-6122, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding FAIR ROAD PROPERTIES, INC. DBA LIGHT RANCH ESTATES, Docket Number 2000-0803-PWS-E on March 26, 2001 assessing $4,813 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting WENDY COOPER, Enforcement Coordinator at (817) 588-5867, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ELLIS BRUMBELOE DBA ELLIS CABINETS, Docket Number 2000-0912-MLM-E on March 26, 2001 assessing $3,000 in administrative penalties with $600 deferred.

Information concerning any aspect of this order may be obtained by contacting LAURA CLARK, Enforcement Coordinator at (409) 899-8760, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding MESA VIEW WATER SERVICE, INC., Docket Number 2000-1212-PWS-E on March 26, 2001 assessing $375 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.

An agreed order was entered regarding TERRA SOUTHWEST, INC. DBA EAST PONDER ESTATES, Docket Number 2000-0594-PWS-E on March 26, 2001 assessing $1,063 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting J. 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 UPPER VALLEY MATERIAL, LTD., Docket Number 2000-0897-AIR-E on March 26, 2001 assessing $13,000 in administrative penalties with $2,600 deferred.

Information concerning any aspect of this order may be obtained by contacting 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 MOHAMMAD SULTAN DBA EASTGATE WATER SUPPLY, Docket Number 1998-0662-PWS-E on March 26, 2001 assessing $13,156 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting REYNALDO DE LOS SANTOS, Staff Attorney at (210) 403-4016, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding IRMA MILLER DBA TEX MOTOR COMPANY, Docket Number 2000-0730-AIR-E on March 26, 2001 assessing $500 in administrative penalties with $100 deferred.

Information concerning any aspect of this order may be obtained by contacting DARREN REAM, Staff Attorney at (817) 588-5877, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding JAMES GOIN DBA GOIN IRRIGATION, Docket Number 1999-0693-LII-E on March 26, 2001 assessing $3,125 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting DWIGHT MARTIN, Staff Attorney at (512) 239-0683, Enforcement Coordinator at , Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding RAYMOND MCBRIDE, Docket Number 1999-1368-OSI-E on March 26, 2001 assessing $1,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting REBECCCA PETTY, Staff Attorney at (512) 239-1738, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding LONNY BURNAMAN DBA RIVER RUN WATER SYSTEM, Docket Number 2000-0172-PWS-E on March 26, 2001 assessing $900 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting LAURENCIA FASOYIRO, Staff Attorney at (713) 422-8914, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding MR. ROY CULLISON DBA R C S, Docket Number 2000-0900-AIR-E on March 26, 2001 assessing $500 in administrative penalties with $100 deferred.

Information concerning any aspect of this order may be obtained by contacting WENDY COOPER, Enforcement Coordinator at (817) 588-5867, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding FRED MORRIS DBA MORRIS TRASH SERVICE, Docket Number 1999-0733-MSW-E on March 23, 2001 assessing $7,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting KELLY MARGO, Staff Attorney at (512) 239-3434, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-200101956

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: April 4, 2001


Notice of Application for Approval of a Plan of Reclamation

Application No. RE-0309; Fort Bend County Levee Improvement District No. 15 (the district) has applied to the Commission for approval of the district's proposed plan of reclamation, pursuant to Texas Water Code §57.154 and §57.156 and 30 TAC §§301.21-301.23. The application was submitted on February 7, 2001. The project is located at 29° N latitude, 33° W longitude, in north central Fort Bend County, Texas within the extraterritorial jurisdictions of the cities of Sugar Land and Missouri City. The site is generally bounded by the First Colony Levee Improvement District and the First Colony Levee Improvement District No. 2 and the Fort Bend County Municipal Utility District No. 46 on the north, Steepbank Creek on the east, Hagerson Road on the south, and the Brazos River on the west. The proposed project will provide flood protection and outfall drainage to accommodate the anticipated single family residential, commercial/retail, and multi-family development within the district. Financing of the construction of the facilities will be through the levying of a tax rate of $0.4954 per $100.00 of assessed value.

The project consists of reclaiming 2,235 acres of land comprising the district, located within the 100-year floodplain of the Brazos River, by constructing a levee approximately 36,000 feet long with a top width of 10 feet, side slopes of 3 to 1 for levee heights up to 8 feet and 3.5:1 for heights up to 20 feet, and the top of the levee 3.5 feet above the 100-year Brazos River flood elevation. The interior drainage system will consist of storing the stormwater in a series of interconnected detention/amenity lakes, interior channels, and then pumping the stormwater over the levee into the Brazos River. The external drainage system will consist of channel improvements to Alcorn Bayou, Snake Slough, and Steepbank Creek from the levee to the Brazos River, with erosion control structures at the confluences of Snake Slough and Alcorn Bayou with the Brazos River.

The TNRCC has reviewed this proposed action for consistency with the Texas Coastal Management Program (CMP) goals and policies in accordance with the regulations of the Coastal Coordination Council, and has determined that the proposed action is consistent with the applicable CMP goals and policies.

The district will commence construction immediately upon Commission approval and complete construction within three years. Prior to the beginning of construction on any part of the project, the district will be required to submit its construction plans and specifications for approval by the Executive Director of TNRCC.

The Executive Director may approve this application within 10 days of this Texas Register posting. If you need more information about this permit application, contact James Mirabal, P.E., at the Texas Natural Resource Conservation Commissions's Water Rights Permitting and Availability Section at (512) 239-4771.

TRD-200101957

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: April 4, 2001


Notice of Minor Amendment

For The Period of March 21, 2001

APPLICATION.

The City of Weatherford, P.O. Box 255, Weatherford, Texas 76086, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a minor permit amendment to Permit No. MSW- 47 which would authorize the revision to the Site Operating Plan to allow blowing of the landfill equipment's radiators to clean away any dust and debris from the radiators by spraying with a high pressure, low volume water sprayer in an area of the landfill that has a landfill liner system and a leachate collection system. This spraying activity is recommended by the equipment manufacturers as preventive maintenance.

The municipal solid waste landfill for the City of Weatherford is located on a 111.52 acre site approximately 2.0 miles southwest of Weatherford on the South side of the Old Brock Road in Parker County, Texas.

The Executive Director of the TNRCC has prepared a draft permit which, if approved, will authorize a minor amendment to this permit under the terms described above.

PUBLIC COMMENT.

Written comments concerning this minor amendment may be submitted to the TNRCC, Chief Clerk's Office, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087 telephone (512) 239- 3300. Comments must be received no later than 10 days from the date this notice is mailed. Written comments must include the following: (1) your name (or for a group or association, the name of an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the applicant and the permit number; and (3) the location of your property relative to the applicant's operations.

INFORMATION.

Individual members of the public who wish to inquire about the information contained in this notice may contact the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040.

TRD-200101819

LaDonna Castañuela

Chief Clerk

Texas Natural Resource and Conservation Commission

Filed: March 28, 2001


Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The TNRCC staff proposes a DO 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 Texas Water Code (TWC), §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 May 14, 2001 . The TNRCC will consider any written comments received and the TNRCC may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that a proposed DO 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 DO is not required to be published if those changes are made in response to written comments.

A copy of each of the proposed DOs 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. Comments about the DO should be sent to the attorney designated for the DO 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 May 14, 2001 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, comments on the DOs should be submitted to the TNRCC in writing .

(1) COMPANY: Augustin Valenciana dba Don Balta's Restaurant; DOCKET NUMBER: 1998- 0981-PWS-E; TNRCC ID NUMBER: 0710176; LOCATION: 14650 Montana Avenue, El Paso, El Paso County, Texas; TYPE OF FACILITY: public water system (the facility); RULES VIOLATED: §290.106 and §290.103(5), and Texas Health and Safety Code, §341.33(d), by failing to submit water samples from the facility for bacteriological analysis to a laboratory approved by the Texas Department of Health and provide public notice of the failure to sample; §290.46(f)(1)(A) and (f)(2), by failing to maintain a minimum free chlorine residual of 0.2 milligrams/liter (mg/l) and obtain a chlorine test kit which uses the diethyl-p-phenylenediamine method to ensure proper chlorine residual was being maintained; §290.43(c)(2) and (4) and §290.43(e), by failing to protect the potable water storage tank with an intruder-resistant fence, keep the roof hatch on the ground water storage tank locked at all times and equip the ground storage tank with a liquid level indicator; §290.45(d)(2)(A)(ii), by failing to provide a minimum pressure tank capacity of 220 gallons; PENALTY: $4,343; STAFF ATTORNEY: Victor Simonds, Litigation Division, MC 175, (512) 239-6201; REGIONAL OFFICE: El Paso Regional Office, 401 E. Franklin Ave., Ste. 560, El Paso, Texas 79901-1206, (915) 834- 4949.

(2) COMPANY: Daisy Godbey dba Creative Kids Express Child Care; DOCKET NUMBER: 1999- 0808-PWS-E; TNRCC ID NUMBER: 0840222; LOCATION: 19314 East Highway 6, Alvin, Galveston County, Texas; TYPE OF FACILITY: public water supply (PWS); RULES VIOLATED: §290.106(a), and TWC, §341.033, by failing to collect and submit the appropriate number of routine water samples for bacteriological analysis; §290.106(b)(1) and (b)(5), by failing to collect and submit the appropriate number of repeat water samples for bacteriological analysis following a coliform- positive result; §290.105, by exceeding the maximum contaminant level (MCL) for total coliform bacteria; §290.106(e), by failing to provide public notification for failure to submit repeat water samples, by failing to submit additional routine water samples, and by exceeding the MCL for total coliform bacteria; PENALTY: $4,063; STAFF ATTORNEY: Scott McDonald, Litigation Division, MC R-4, (817) 588-5888; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Ave., Ste. H, Houston, Texas 77023-1486, (713) 767-3500.

(3) COMPANY: Douglas J. Smith Sr.; DOCKET NUMBER: 2000-0624-OSI-E; TNRCC ID NUMBER: OS4458; LOCATION: Matargorda County, Texas; TYPE OF FACILITY: on-site sewage facilities (OSSF); RULES VIOLATED: §285.50(b) and (c), and TWC, §366.071, by installing an OSSF without a current valid OSSF installer's license; PENALTY: $250; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Ave., Ste. H, Houston, Texas 77023-1486, (713) 767-3500.

(4) COMPANY: Fred Palacios dba Fred's Gas Depot; DOCKET NUMBER: 1999-0895-PST-E; TNRCC ID NUMBER: 33816; LOCATION: 2527 South Highway 281 in Edinburg, Hidalgo County, Texas; TYPE OF FACILITY: underground storage tanks (UST); RULES VIOLATED: §334.50(b)(1)(A), and TWC, §26.3475, by failing to have an acceptable method of release detection; §334.50(b)(2), and TWC, §26.3475, by failing to perform tightness test for suction piping; §334.93(a) and (b), by failing to demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental release arising from the operation of the petroleum USTs; §334.49(a), and TWC, §26.3475, by failing to have corrosion protection; PENALTY: $9,000; STAFF ATTORNEY: Rebecca Nash Petty, Litigation Division, MC 175, (512) 239-1738; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Ave., Harlingen, Texas 78550-5247, (956) 425-6010.

(5) COMPANY: G. B. N. C. Incorporated; DOCKET NUMBER: 1999-1502-AIR-E; TNRCC ID NUMBER: EE-1909-T; LOCATION: 7569 Alameda, El Paso, El Paso County, Texas; TYPE OF FACILITY: unauthorized auto body refinishing facility and used car dealership (the dealership); RULES VIOLATED: §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 of an exemption from permitting prior to the construction and initiation of a vehicle spray painting operation; §101.4 and THSC, §382.085(a) and (b), by discharging air contaminants at the dealership in such concentration and duration as to adversely affect human health and welfare and interfere with the normal use and enjoyment of property; PENALTY: $2,500; STAFF ATTORNEY: Kelly W. Mego, Litigation Division, MC R12, (713) 422-8916; REGIONAL OFFICE: El Paso Regional Office, 401 E. Franklin Ave., Ste. 560, El Paso, Texas 79901-1206, (915) 834- 4949.

(6) COMPANY: Harry Garbar dba S & J Stores; DOCKET NUMBER: 1999-0538-PST-E; TNRCC ID NUMBER: 11757; LOCATION: 401 South Santa Fe, El Paso, El Paso County, Texas; TYPE OF FACILITY: motor vehicle fuel dispensing facility; RULES VIOLATED: §115.241, and TWC, §382.085(b), by failing to install an approved Stage II vapor recovery system; PENALTY: $4,500; STAFF ATTORNEY: Elisa Roberts, Litigation Division, MC R-4, (817) 588-5877; REGIONAL OFFICE: El Paso Regional Office, 401 E. Franklin Ave., Ste. 560, El Paso, Texas 79901-1206, (915) 834-4949

(7) COMPANY: LaGary Dixson dba Express Auto Kare; DOCKET NUMBER: 2000-0161-AIR-E; TNRCC ID NUMBER: DB-5146-G; LOCATION: 3732 West Walnut, Garland, Dallas County, Texas; TYPE OF FACILITY: vehicle inspection station (the Station); RULES VIOLATED: §114.50(e)(1) and THSC, §382.085(b), by issuing or allowing the issuance of a vehicle inspection report without conducting all of the required emissions tests on a Texas Department of Public Safety covert vehicle; PENALTY: $625; STAFF ATTORNEY: Kelly W. Mego, Litigation Division, MC R12, (713) 422-8916; REGIONAL OFFICE: Arlington Regional Office, 1101 East Arkansas Lane, Arlington, Texas 76010- 6499, (817) 588- 5800.

(8) COMPANY: Startex Gasoline & Oil Distributors, Inc.; DOCKET NUMBER: 2000-0294-PST- E; TNRCC ID NUMBER: 14715, 14716; LOCATION: 5416 Leopard Street (Facility #1), 5420 Leopard Street, Corpus Christi, Nueces County, Texas (Facility #2); TYPE OF: wholesale fuel distributor and retail gasoline sales; RULES VIOLATED: §334.7(d)(3), by failing to provide written notice of any change or additional information within 30 days from date of occurrence of the change at Facility #1; §334.105(b), by failing to maintain an updated copy of certification of financial responsibility for Facility #1; §334.10(b)(1)(B), by failing to maintain copies of all required records pertaining to a UST system in a secure location on the premises of the UST Facility #1; §334.10(b)(1)(B), by failing to maintain copies of all required records pertaining to a UST system in a secure location on the premises of the UST Facility #2; §334.105(b), by failing to maintain an updated copy of certification of financial responsibility for Facility #2; PENALTY: $6,200; STAFF ATTORNEY: Elisa Roberts, Litigation Division, MC R-4, (817) 588-5877; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Dr., Ste. 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(9) COMPANY: Than Mai Chau dba Handi Plus #47; DOCKET NUMBER: 2000-0009-PWS-E; TNRCC ID NUMBER: 1012929; LOCATION: 24930 Aldine Westfield, Spring, Harris County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: §290.109(c) and (g)(4), and THSC, §341.033(d), by failing to collect and submit routine monthly bacteriological samples and failed to provide public notice of the sampling deficiency; §290.109(c)(3) and (g)(4), by failing to collect and submit repeat bacteriological samples following a coliform-positive sample and failed to provide notice related to his failure to collect and submit repeat bacteriological samples; §290.109(c)(2)(f), and (g)(4), by failing to collect and submit additional routine bacteriological samples following a coliform- positive sample and to provide public notice related to his failure to collect and submit additional routine bacteriological samples; §290.41(c)(1)(F), by failing to secure a sanitary control easement covering all property within 150 feet of the well; §290.41(c)(3)(O), by failing to keep the well house locked; §290.41(c)(3)(K), by failing to provide a properly constructed sealing block; PENALTY: $4,250; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R12, (713) 422-8914; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Ave., Ste. H, Houston, Texas 77023-1486, (713) 767- 3500.

TRD-200101917

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: April 3, 2001


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

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is May 14, 2001 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. 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 May 14, 2001 . 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: Aladdin Car Wash, Inc., Genico Distributors, Inc., and Village Car Wash, Inc.; DOCKET NUMBER: 1999-0178-PST-E; TNRCC ID NUMBER: 0027362; LOCATION: 2205 Airport Freeway, Euless, Tarrant County, Texas; TYPE OF FACILITY: underground storage tanks (UST); RULES VIOLATED: §334.7(d)(3), by failing to provide written notice to the Executive Director of any changes or additional information concerning the UST system within 30 days after the date of the occurrence of the change or addition; §334.49(a), and TWC, §26.3475, by failing to install a method of corrosion protection; §334.93, by failing to demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases; PENALTY: $27,500; STAFF ATTORNEY: Josh Olszewski, Litigation Division, MC 175, (512) 239-3645; REGIONAL OFFICE: Arlington Regional Office, 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(2) COMPANY: Craig Kooda dba Kooda Exteriors; DOCKET NUMBER: 1999-1233-LII-E; TNRCC ID NUMBER: LI0006911; LOCATION: 4720 Dozier Road, Carrollton, Dallas County, Texas; TYPE OF FACILITY: installs landscape irrigation systems (the Operation); RULES VIOLATED: §344.58(b), and TWC, §34.007(a), by acting as a licensed irrigator and installer without a valid certificate of registration; PENALTY: $2,500; STAFF ATTORNEY: Kelly W. Mego, Litigation Division, MC R12, (713) 422-8916; REGIONAL OFFICE: Arlington Regional Office, 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(3) COMPANY: Genico Distributors, Inc., dba Jumpin John's; DOCKET NUMBER: 1999-1049- PST-E; TNRCC ID NUMBER: 0027367; LOCATION: 105 Westpark Way, Euless, Tarrant County, Texas; TYPE OF FACILITY: underground storage tanks (USTs); RULES VIOLATED: §115.245(2), and TWC, §382.085(b), by failing to conduct an annual pressure decay test on the Stage II vapor recovery system; §115.248(1), and TWC, §382.085(b), by failing to ensure that at least one Station representative received training and instruction regarding the operation and maintenance of the Stage II vapor recovery system; §334.7(d)(3), by failing to provide written notice to the Executive Director of any changes or additional information concerning the UST system within 30 days after the date of the occurrence of the change or addition; §334.50(a)(1)(A), and TWC, §26.3475, by failing to provide a method of release detection at the Station capable of detecting a release from any portion of the UST system; §334.93(a) and (b), by failing to demonstrate financial responsibility for taking corrective action and compensating third parties for bodily injury and/or property damage for accidental releases; PENALTY: $44,375; STAFF ATTORNEY: Josh Olszewski, Litigation Division, MC 175, (512) 239-3645; REGIONAL OFFICE: Arlington Regional Office, 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

TRD-200101916

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: April 3, 2001


Notice of Water District Applications

BRUSHY CREEK MUNICIPAL UTILITY DISTRICT of Williamson County (The District) has filed an application with the Texas Natural Resource Conservation Commission (TNRCC) for authority to levy impact fees of $1,821 per equivalent single family connection for new connections to the wastewater service within or near the service area of Brushy Creek Municipal Utility District. The District files this application under the authority of Chapter 395 of the Local Government Code, 30 Texas Administrative Code Chapter 293 and the procedural rules of the TNRCC. The purpose of impact fees is to generate revenue to recover the costs of capital improvements and facility expansions made necessary by and attributable to serving new development in the District's service area. At the direction of the District, a registered engineer has prepared a capital improvements plan for the system which identifies the capital improvements or facility expansions and their costs for which the impact fees will be assessed. The impact fee application and supporting information are available for inspection and copying during regular business hours in the District Administration Section of the Water Utilities Division, Third Floor of Building F (in the TNRCC Park 35 Office Complex located between Yager & Braker Lanes on North IH-35), 12100 Park 35 Circle, Austin, Texas 78753. A copy of the impact fee application and supporting information, as well as the capital improvement plan, is available for inspection and copying at the Brushy Creek Municipal Utility District's office during regular business hours.

The TNRCC may grant a contested case hearing on this petition if a written hearing request is filed within 30 days after the 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) the name of the petitioner and the TNRCC Internal Control Number;

(3) the statement "I/we request a contested case hearing";

(4) a brief description of how you would be affected by the petition in a way not common to the general public; and

(5) the location of your property relative to the proposed district's boundaries. You may also submit your proposed adjustments to the petition which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court.

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

TRD-200101958

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: April 4, 2001


Notice of Water Rights Applications

Notice is given that JAMES D. STORY, 9102 Hudson Court, Houston, Texas 77024, and JIM L. STORY, 3135 Stonehaven, San Antonio, Texas 78230, applicants, seek a permit pursuant to Texas Water Code §11.121 and Texas Natural Resource Conservation Commission Rules 30 TAC §§295.1, et seq. James D. Story and Jim L. Story submitted Application No. 5733 on May 26, 2000. Additional information requested was received February 9, 2001, and the application was declared administratively complete March 13, 2001. The Executive Director recommends that public notice of the application be given pursuant to 30 TAC §295.152. Pursuant to 30 TAC §295.153, this notice is being mailed to all water right owners of record in the Guadalupe River Basin. Applicants seek authorization to construct an on-channel dam and reservoir on Elm Creek, tributary of Sandies Creek, tributary of the Guadalupe River, Guadalupe River Basin, approximately 23 miles east northeast of Floresville and 4 miles southwest of Nixon in Wilson County. The proposed reservoir will cover an area of approximately 200 surface acres and impound approximately 900 acre-feet of water at normal operating level. Station 1 on the mid-point of the dam will be located at Latitude 29.23° N, Longitude 97.79° W, also bearing S 52° E, 5147 feet from the northwest corner of the Valentine Bennett Survey No. 25, Abstract No. 39. Applicants further seek to divert 400 acre-feet of water per annum from the reservoir to irrigate 200 acres of land out of a 2563.40 acre tract in the James Roden Survey, Abstract 265. Diversion will be from a point on Elm Creek at Latitude 29.22° N, longitude 97.78° W, also described as bearing S 42° E, 2750 feet from the northwest corner of the Valentine Bennett Survey No. 25, Abstract No. 39. Diversion will be at a maximum rate of 2.05 cfs (1,000 gpm). Water diverted but not consumed (estimated at less than 5 acre-feet per annum) will be returned to Elm Creek.

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

The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed within 30 days after newspaper publication of this notice. To request a contested case hearing, you must submit the following:

(1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any;

(2) applicant's name and permit number;

(3) the statement "[I/we] request a contested case hearing;"

(4) a brief and specific description of how you would be affected by the application in a way not common to the general public; and

(5) the location and distance of your property relative to the proposed activity. You may also submit proposed conditions to the requested permit which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. If a hearing request is filed, the Executive Director will not issue the permit and will 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, Texas 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, the same address. For additional information, individual members of the general public may contact the Office of Public Assistance at 1-800-687-4040. General information regarding the TNRCC can be found at our web site at www.tnrcc.state.tx.us.

K & B POWELL FAMILY LIMITED PARTNERSHIP, 704 W 12th, Brady, Texas, 76825, applicant, seeks to amend Certificate of Adjudication No. 14-2488, pursuant to Texas Water Code (TWC) §11.122, and Texas Natural Resource Conservation Commission Rules 30 TAC §§295.1, et seq. Applicant owns Certificate of Adjudication No. 14-2488, which authorizes the diversion and use of not to exceed 100 acre-feet of water per annum from Bull Creek, tributary of the Colorado River, and from the Colorado River, Colorado River Basin in Coleman County for irrigation of 50 acres of land out of a 222 acre tract in Coleman County. Applicant has obtained ownership of a portion of Certificate of Adjudication No. 14-2479, as amended, which authorizes the owner to divert and use not to exceed 239 acre-feet of water per annum from the Colorado River, Colorado River Basin for irrigation purposes in McCulloch county. Applicant seeks to sever a portion of their water rights, 122 acre-feet, from Certificate No. 14-2479, as amended, combine it with Certificate No. 14-2488, and amend Certificate No. 14-2488 to reflect the following changes:

1. Diversion of the 122 acre-feet of irrigation water moved downstream to the currently authorized Colorado River diversion point in the Simon Garcia Survey 359, Abstract 216, Coleman County.

2. Place of use of the 122 acre-feet of irrigation water moved to the currently authorized place of use in the aforesaid survey.

3. Increase the land to be irrigated to a maximum of 150 acres out of a 222 acre tract located in the aforesaid survey.

4. Maximum Combined Diversion Rate: Not to exceed 4.3 cfs (1930 gpm) in combination with any diversion made from diversion point authorized in Certificate of Adjudication No. 14-2479.

UPPER TRINITY REGIONAL WATER DISTRICT, applicant, 396 W. Main Street, Suite 102, Lewisville, Texas, 75067, seeks a Water Use Permit pursuant to §11.121 and §11.042 of the Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC §§295.1, et seq and §297.18. Applicant seeks authorization to use the bed and banks of Doe Branch, tributary of the Elm Fork Trinity River, tributary of the Trinity River, and Lewisville Lake, Trinity River Basin in Denton County to convey water diverted from Lake Chapman in the Sulphur River Basin to applicant's diversion facilities on the perimeter of Lewisville Lake. Certificate of Adjudication No. 03-4797 authorizes the Sulphur River Municipal Water District (SRMWD) to impound in the U. S. Army Corps of Engineer's Lake Chapman (formerly referred to as Cooper Reservoir) on the South Sulphur River, tributary of the Sulphur River, Sulphur River Basin, Delta and Hopkins Counties, between elevation 415.5 msl and 440.0 msl, not to exceed 71,750 acre-feet of water and below elevation 415.5 msl, an amount not to exceed 9,720 acre-feet of water for a total impoundment of 81,470 acre-feet of water. The certificate also authorizes the certificate owner, with a time priority of November 19, 1965, to divert and use not to exceed 26,960 acre-feet of water per annum for municipal purposes and 11,560 acre-feet of water per annum for industrial purposes within SRMWD's service area in the Sulphur River Basin. Pursuant to a contract between SRMWD and the City of Commerce, Texas, the certificate, as amended, authorizes the interbasin transfer of 11,274 acre-feet of water per annum for municipal use and 4,832 acre-feet of water per annum for municipal and industrial use (the Lake Chapman water) to the Trinity River Basin, and allows all water diverted but not consumed to be returned to the Trinity River Basin. Pursuant to a Water Sales Contract between the City of Commerce and the Upper Trinity Regional Water District (UTRWD) dated July 5, 1990, the City of Commerce agreed to supply its portion of the water purchased from the SRMWD to the UTRWD for use within the boundaries of the UTRWD's service area for a period of fifty (50) years, with certain options to extend the term, as specified therein. Pursuant to a water transportation contract dated May 20, 1999, UTRWD will utilize a pipeline owned by the City of Irving to deliver the Lake Chapman water to a point on Doe Branch, upstream of Lewisville Lake located N 61° E, 1,075 feet from the southwest corner of the Phillip Barns Survey, Abstract No. 179, Denton County, also being 33.219ñ N Latitude and 96.889° W Latitude. Pursuant to a "pass through" agreement with the Cities of Denton and Lewisville dated August 24, 1998, applicant will then pass this water through Lewisville Lake for subsequent diversion at UTRWD's raw water diversion facility on the perimeter of Lewisville Lake. The rate of discharge of the Lake Chapman water into Doe Branch will be 170.2 cfs and the amount of water discharged will not exceed the 16,106 acre-feet per annum authorized under the certificate. The rate of diversion from Lewisville Lake will not exceed 170.2 cfs. The estimated amount of water that will be lost to transportation, evaporation, seepage, channel or other associated carriage losses from the point of discharge into Doe Branch to the point of diversion from the perimeter of Lewisville Lake at UTRWD water treatment plant intake structure is specified in the Pass-Through Agreement dated August 24, 1998 between the Cities of Denton and Lewisville and UTRWD. The quality of the Lake Chapman water discharged into Doe Branch and conveyed through Lewisville Lake will meet or exceed the Commission's water quality stream standards for Segment No. 0823. The interbasin transfer of UTRWD's Lake Chapman water originating in the Sulphur River Basin and discharged into the Trinity River Basin is an existing authorized interbasin transfer. As such, this application for a bed and banks authorization to convey and subsequently divert UTRWD's Lake Chapman water does not require the TNRCC to find additional water available for appropriation. This notice is being sent to you as a water right holder of record in the Trinity River Basin downstream of the discharge point into Doe Branch of UTRWD's Lake Chapman water and upstream of UTRWD's raw water diversion facility on the perimeter of Lewisville Lake.

Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below by April 19, 2001. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application.

The TNRCC may grant a contested case hearing on this application if a written hearing request is filed by April 19, 2001. The Executive Director may approve the application unless a written request for a contested case hearing is filed by April 19, 2001. To request a contested case hearing, you must submit the following:

(1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any;

(2) applicant's name and permit number;

(3) the statement "[I/we] request a contested case hearing;"

(4) a brief and specific description of how you would be affected by the application in a way not common to the general public; and

(5) the location and distance of your property relative to the proposed activity. You may also submit proposed conditions for the requested permit which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. If a hearing request is filed, the Executive Director will not issue the permit and will 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, Texas 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, the same address. For additional information, individual members of the general public may contact the Office of Public Assistance at 1-800-687-4040. General information regarding the TNRCC can be found at our web site at www.tnrcc.state.tx.us.

TRD-200101959

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: April 4, 2001


Texas Parks and Wildlife Department

Request for Public Comment

NOTICE OF AVAILABILITY AND REQUEST FOR COMMENTS

PROPOSED RESTORATION PLAN AND ENVIRONMENTAL ASSESSMENT

AGENCIES: Texas Parks and Wildlife Department (TPWD), Texas Natural Resource Conservation Commission (TNRCC), Texas General Land Office (GLO) and the United States Fish and Wildlife Service (USFWS) of the U.S. Department of the Interior (DOI) (hereafter, Natural Resource Trustees).

ACTION: Notice of availability of a proposed Draft Restoration Plan and Environmental Assessment (Draft Plan), the Federal Consistency Determination for this Plan under the Texas Coastal Management Program, and a thirty (30) day period for public comment on the Plan and the Federal Consistency Determination beginning the date of publication of this notice.

SUMMARY: Notice is hereby given that the Natural Resource Trustees propose a Draft Plan that describes injuries to estuarine natural resources resulting from the April 20, 1993, oil spill at the Smith Bluff Cutoff UNOCAL Corporation facility located in Port Neches on the Lower Neches River. The document also describes the process followed by the Trustees to evaluate appropriate restoration alternatives and select the preferred alternative identified in the plan. This preferred alternative is proposed for implementation using funds recovered by the Trustees as part of a November 1997 settlement of natural resource damages claims associated with the oil spill. The Trustees propose to utilize the $200,000 received from UNOCAL to settle natural resource damages liability for the spill to provide for the construction of a minimum of three acres of vegetated terraces within the Bessie Height Marsh on the Nelda Stark Unit of the Lower Neches Wildlife Management Area that is owned and managed by TPWD.

The proposed document entitled "DRAFT - Natural Resource Restoration Plan/Environmental Analysis - Unocal Oil Spill, Port Neches, Texas", and the Federal Consistency Determination with the Texas Coastal Management Program (CMP) related to the activities outlined in the Draft Plan are hereby made available for public review and comment for a period of thirty (30) days.

The opportunity for public review and comment on the proposed Restoration Plan announced in this notice is required under the Oil Pollution Act 33 U.S.C. 2706(c)(5), and parallels provisions of 15 CFR 990.14 (d) and 990.55 of the federal Natural Resource Damage Assessment regulations.

The Federal Consistency Determination for this Draft Plan outlines the basis for DOI's determinations that the restoration actions described in the Draft Plan are consistent to the maximum extent possible, and will be undertaken in a manner consistent with, the applicable policies of the CMP. Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the goals and policies of the CMP identified in 31 Texas Administrative Code (TAC) Chapter 501. Under 31 TAC Section 506.2(c), a determination of consistency with the CMP must be made by the federal trustees for natural resource damage assessment and restoration plans that are the product of a joint cooperative natural resource damage assessment by state and federal trustees. Review of the Federal Consistency Determination is delegated to the State Trustee agencies (TPWD, TNRCC and the GLO). The State Trustees will consider all comments received during the public comment period in their evaluation of the Federal Consistency Determination for the Draft Restoration Plan and Environmental Analysis and will, depending on the comments received, submit a letter of concurrence to the Federal Trustees.

To receive a copy of the proposed Draft Plan and/or the Federal Consistency Determination with the CMP contact Don Pitts of the Texas Parks and Wildlife Department, Resource Protection Division, 4200 Smith School Road, Austin, Texas 78744, (512) 912-7156.

DATES: Comments must be submitted in writing within 30 days of the date of this publication to Don Pitts of the Texas Parks and Wildlife Department, Resource Protection Division, 4200 Smith School Road, Austin, Texas 78744, (512) 912-7156. The Natural Resource Trustees will consider all written comments prior to finalizing the Draft Plan and completing their review of the Federal Consistency Determination.

SUPPLEMENTARY INFORMATION: On April 20, 1993, at the Smith Bluff Cutoff UNOCAL facility located in Port Neches on the Lower Neches River, UNOCAL was transferring Saudi Arabian crude oil from their terminal through a pipeline to a Sun Oil Co. refinery on the adjacent property. Due to human error, oil was transferred to a closed line resulting in over-pressurization and failure of the line. The oil was discharged into the river through the sump pump at the terminal, affecting two miles of the river and adjacent wetland marsh. Approximately 2100 barrels (88,200 gallons) of oil were discharged into the Neches River when the sump overflowed.

A combination of wind and tidal currents drove the oil across the Neches River and into Grays Bayou, Grays Cut and Bessie Heights Channel. The shoreline of the Neches River was also oiled, between Grays Bayou and the Bessie Heights Channel. The discharge resulted in the oiling of vegetation, sediments, soils, birds, and other biota including crustaceans and infaunal invertebrates.

The Natural Resource Trustees have the authority under OPA (33 U.S.C. Section 2701 et seq.) to assess the natural resource injuries resulting from this incident. The TPWD, TNRCC, TGLO and USFWD are trustees of the natural resources injured by the discharge from the UNOCAL Oil Spill Port Neches, Texas pursuant to OPA33 U.S.C. Section 2706 (b).

In November 1997, the Trustees and the responsible parties reached a joint settlement of all Natural Resource Damages claims associated with this oil spill. The settlement included funds to compensate the public for natural resource injuries resulting from the spill. These funds were placed into a Court Registry Account established with the Registry of the Federal District Court, Southern District of Texas, pending joint planning and decisions by the Trustees as to the appropriate use of the funds to implement actions to restore, replace, rehabilitate or acquire the equivalent of natural resources injured by the spill.

The Draft Restoration Plan announced today presents the actions which the Trustees propose to undertake to effect restoration, rehabilitation, replacement, or acquisition of resources or resource services that were injured by the spill. An Environmental Assessment of the proposed restoration action is fully integrated into the plan to allow Federal Trustees to make findings required by the National Environmental Policy Act 42 U.S.C. 4321, et seq., in making decisions on a final restoration plan.

TRD-200101932

Gene McCarty

Chief of Staff

Texas Parks and Wildlife Department

Filed: April 3, 2001


Public Utility Commission of Texas

Notice of Application for a Certificate to Provide Retail Electric Service

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on March 28, 2001, for retail electric provider (REP) certification, pursuant to §§39.101 - 39.109 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Commonwealth Energy Corporation for Retail Electric Provider (REP) certification, Docket Number 23875 before the Public Utility Commission of Texas.

Applicant's requested service area by geography includes the entire state of Texas.

Persons who wish to 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 Customer Protection Division at (512) 936-7120 no later than April 20, 2001. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200101864

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 29, 2001


Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on March 27, 2001, 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 Del Communications, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 23871 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service.

Applicant's requested SPCOA geographic area includes the entire state of Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 no later than April 18, 2001. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200101863

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 29, 2001


Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on March 29, 2001, 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 Apogee Telecom, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 23882 before the Public Utility Commission of Texas.

Applicant intends to provide plain old residential telephone service, ADSL, ISDN, HDSL, SDSL, RADSL, VDSL, Optical Services, T1-Private Line, long distance, and wireless services.

Applicant's requested SPCOA geographic area includes the geographic area of Texas currently served by the Austin and Bryan Local Access and Transport Areas.

Persons who wish to 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 Customer Protection Division at (512) 936-7120 no later than April 18, 2001. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200101901

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 2, 2001


Notice of Filing of Request for Waiver

The Public Utility Commission of Texas (commission) has filed a petition seeking a waiver of certain rules of the Federal Energy Regulatory Commission (FERC) issued under the Public Utility Regulatory Policies Act. The petition has been assigned Docket Number EL01-60-000 by the FERC. The rules for which the commission seeks a waiver require public utilities to purchase power from qualifying facilities (QFs) and sell power to qualifying facilities and prescribe methods for establishing the cost of purchases by electric utilities from QFs. The commission seeks the waiver in connection with the implementation of legislation enacted in Texas to introduce retail competition beginning in January 2002.

The introduction of retail competition under this legislation, Senate Bill 7 (SB 7), 76th Legislative Session, will provide QFs broad opportunities to sell electricity. With the introduction of retail competition, QFs will have access, through retailers, to all electricity customers in the areas that are open to retail competition, at rates determined by competitive forces. They will also have the ability to buy from other producers at rates determined by competitive forces. For this reason, regulatory mandates to buy or sell electricity and pricing formulas for QFs have no place, and the commission is seeking a waiver of the FERC's rules.

TRD-200101927

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 3, 2001


Public Notice of Amendment to Interconnection Agreement

On March 29, 2001, Southwestern Bell Telephone Company and 360 Communications Company of Nevada Limited Partnership, 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 & Supplement 2001) (PURA). The joint application has been designated Docket Number 23883. 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 23883. 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 27, 2001, 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 Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 23883.

TRD-200101882

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 30, 2001


Public Notice of Amendment to Interconnection Agreement

On March 30, 2001, Southwestern Bell Telephone Company and United States Cellular 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 & Supplement 2001) (PURA). The joint application has been designated Docket Number 23889. 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 23889. 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 May 2, 2001, 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 Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 23889.

TRD-200101906

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 2, 2001


Public Notice of Amendment to Interconnection Agreement

On March 30, 2001, Southwestern Bell Telephone Company and Pathway Com-Tel, Inc., collectively referred to as applicants, filed a joint application for approval of an 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 & Supplement 2001) (PURA). The joint application has been designated Docket Number 23890. 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 23890. 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 May 2, 2001, 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 Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 23890.

TRD-200101907

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 2, 2001


Public Notice of Interconnection Agreement

On March 30, 2001, Southwestern Bell Telephone Company and 1-800-Reconex, 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 & Supplement 2001) (PURA). The joint application has been designated Docket Number 23888. 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 23888. 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 May 2, 2001, 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 Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 23888.

TRD-200101905

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 2, 2001


Texas Department of Transportation

Availability of Draft Environmental Impact Statement

Pursuant to Title 43, Texas Administrative Code, §2.43(e)(4)(B), the Texas Department of Transportation is advising the public of the availability of the approved Draft Environmental Impact Statement (DEIS) covering the proposed construction of Segment IV of the President George Bush Turnpike (PGBT), from IH 35E to IH 635 in the Cities of Irving, Carrollton, Coppell, Farmers Branch and Dallas in Dallas County, Texas. The proposed project is being developed jointly with the Federal Highway Administration and the North Texas Tollway Authority (NTTA).

The proposed project is approximately 5.5 miles in length and involves the proposed construction of a six-lane controlled access tollway. The purpose of the proposed project is to create a direct link between IH 35E and IH 635, which completes the northern and western sections of the PGBT. This link would relieve local and regional traffic congestion, improve local and regional mobility, increase the economic viability of the study area, and maintain the integrity of the Trinity River ecosystem. The social, economic, and environmental impacts of the proposed project have been analyzed in the DEIS.

A total of five primary build alternatives, in addition to the no-build alternative, are presented in the DEIS. The five build alternatives are Alternatives 7, 8, 10, 15 and 16.

The primary alternatives vary in the middle sections as they cross the east-west arterials of Sandy Lake Road, Belt Line Road, Valwood Parkway, and Valley View Lane. Primary alternative 7 is the alignment closest to the Elm Fork of the Trinity River. The alignments of primary alternatives 8 and 16 travel along the existing Luna Road through an industrial development. Primary alternatives 10 and 15 are similar in their alignments from Valwood Parkway to the IH 635 interchange and differ in their alignments through the Sandy Lake Amusement Park and the Dallas Water Utilities sedimentation ponds.

Right-of-way requirements for the build alternatives range from approximately 196 to 232 acres and the width of additional right-of-way varies from 350 feet to 600 feet.

The proposed construction of Segment IV has the potential to impact land use, commercial displacements, noise effects, floodplains, wetlands and jurisdictional waters of the U.S., cultural resources, hazardous waste sites and dedicated parkland.

Comments regarding the DEIS should be submitted to Mr. Christopher Anderson at the North Texas Tollway Authority office located at 5900 W. Plano Parkway, Suite 100, Plano, TX 75093. The mailing address is P.O. Box 260729, Plano TX 75026. The deadline for receipt of comments is 5:00 p.m. on May 29, 2001. Copies of the DEIS and other information about the project may be obtained at the previously mentioned address.

Copies of the DEIS will also be available for review at the Carrollton Public Library, 2001 Jackson Road, Carrollton, Texas, 75006; the Farmers Branch Public Library, 13613 Webb Chapel Road, Farmers Branch, Texas, 75234; and the Irving Public Library, Valley Ranch Branch, 9940 W. Valley Ranch Parkway, Irving, Texas, 76063. For further information, please contact Mr. Anderson at (214) 461-2021 or e-mail at Canderson@ntta.org

TRD-200101961

Richard Monroe

General Counsel

Texas Department of Transportation

Filed: April 4, 2001


Notice of Invitation - Highway Safety Plan

The Texas Department of Transportation (TxDOT) announces a Request for Proposal (RFP) for a multi-year project, designated in the Texas Highway Safety Plan as the Safe Communities Program Management Services (HSP 01-09-02 Task B). The project is expected to start in 2001, upon completion of the RFP award process, and continue through September 30, 2003. The project will be funded through the Texas Highway Traffic Safety Program and administered by the Traffic Safety Section of the Traffic Operations Division of TxDOT.

Purpose : The purpose of this request is to solicit proposals for management support of the Safe Communities Program. The Safe Communities Program represents a new vision of community-based traffic safety and injury prevention programming. TxDOT is promoting the concept of Safe Communities as an integral part of highway safety and injury prevention. The Safe Communities approach is defined by four characteristics: (1) an integrated and comprehensive injury control system; (2) expanded partnerships with health care providers; schools, courts, law enforcement agencies, emergency medical services, firefighters, public safety officials, media representatives, local government, health care providers, businesses and concerned citizens; (3) the use of multiple data sources to define an injury problem; and (4) citizen involvement and input.

Eligible Applicants : Eligible applicants include, but are not limited to, nonprofit agencies and organizations, governmental entities (including city, county, and state), other public and private entities, and institutions of higher learning.

Availability of Funds : Approximately $300,000 is expected to be available to fund the management support of the Safe Communities Program starting in fiscal year 2001 through September of fiscal year 2003 ($60,000 for FY 2001, $120,000 for FY 2002, and $120,000 for FY 2003). However, because funds are authorized on a fiscal year basis only, funds for fiscal years 2002 and 2003 are contingent upon the availability of funds.

Safe Communities Program Goals : Provide management support for Safe Communities Program. Funded services include: (1) provide overall coordination of the program; (2) contact and provide training and technical support to potential and existing program partners; (3) provide assistance to TxDOT Program Administrator, District Traffic Safety Specialists (TSS), communities, and other traffic safety program partners; (4) ensure satisfactory completion of the project phases for each participating safe community; (5) assist safe communities in achieving their goals of reducing injuries and fatalities in the communities they represent; (6) assist TxDOT Program Administrator in developing performance plans and evaluations for the Program; (7) ensure the Safe Communities grants are conducted according to the program management guidelines as outlined in the Traffic Operations Manual, Highway Traffic Safety Volume; (8) plan and coordinate the Safe Communities training workshop(s) in cooperation with TxDOT, and the National Highway Traffic Safety Administration; (9) act as spokesperson for the Safe Communities Program; (10) make presentations at media events; and (11) ensure implementation, expansion and continuation of each safe community.

Review and Award Criteria : Each application will first be screened for completeness and timeliness. Proposals that are deemed incomplete or arrive after the deadline will not be reviewed. A team of reviewers will score proposals. The proposals will be evaluated using the criteria and review process described in the RFP.

Pre-RFP Submission Meeting : To clarify and answer questions concerning the Highway Safety Plan Safe Communities Program, a meeting will be held on May 2, 2001, for all interested parties who have requested a RFP. Interested parties are urged to attend, but attendance is not mandatory.

Deadlines : Proposals prepared according to instructions in the RFP Package must be received by TxDOT by 5:00 p.m., Central Day Light Savings Time, on or before May 14, 2001.

To Obtain a Copy of the RFP : Request for a copy of the RFP should be submitted to Sam Mitchell, Texas Department of Transportation, Traffic Operations Division, Attn: TRF-TS, 125 East 11th Street, Austin, TX 78701-2483, Telephone (512) 416-3166, Fax (512) 416-3349, E-mail: smitchel@dot.state.tx.us

TRD-200101894

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: April 2, 2001


Texas Water Development Board

Applications Received

Pursuant to the Texas Water Code, Section 6.195, the Texas Water Development Board provides notice of the following applications received by the Board:

Lavaca-Navidad River Authority, P.O. Box 429, Edna, Texas, 77957-0429, received October 12, 2000, application for financial assistance in the total amount of $26,000,000 from the Development Fund II - State Participation Account.

Sunbelt Fresh Water Supply District, 410 West Gulf Bank, Houston, Texas, 77037, received March 1, 2001, application for financial assistance in the amount of $945,000 from the Clean Water State Revolving Fund.

City of Bridgeport, 812 Halsell Street, Bridgeport, Texas, 76426, received February 1, 2001, application for financial assistance in the amount of $1,200,000 from the Clean Water State Revolving Fund.

City of Olney, 201 East Main Street, P.O. Box 546, Olney, Texas, 76374-0546, received March 1, 2001, application for financial assistance in the amount of $1,250,000 from the Drinking Water State Revolving Fund.

City of City of San Benito, 485 North Sam Houston, San Benito, Texas, 78586, received March 6, 2001, application for additional financial assistance in the amount of $205,000 from the Economically Distressed Areas Fund.

El Paso County Water Authority, 1539 Pawling Drive, El Paso, Texas, 79927-6915, received March 9, 2001, application for financial assistance in the amount of $1,290,000 from the Texas Water Development Funds.

Lower Colorado River Authority, P.O. Box 220, Austin, Texas, 78767, received February 16, 2001, application for financial assistance in an amount not to exceed $539,894 from the Research and Planning Fund.

Lower Rio Grande Valley Development Council, 311 North 15th Street, McAllen, Texas, 78504 received February 16, 2001, application for financial assistance in an amount not to exceed $330,000 from the Research and Planning Fund.

Nueces River Authority, 6300 Ocean Drive, NRC 3100, Corpus Christi, Texas, 78412, received February 16, 2001, application for financial assistance in an amount not to exceed $210,000 from the Research and Planning Fund.

Lavaca-Navidad River Authority, P.O. Box 429, Edna, Texas, 77957-0429, received February 16, 2001, application for financial assistance in an amount not to exceed $176,700 from the Research and Planning Fund.

City of Grand Prairie, 317 College Street, Grand Prairie, Texas, 75053-4045, received February 1, 2001, application for financial assistance in an amount not to exceed $392,370 from the Flood Mitigation Assistance Planning Fund.

Harris County, 9900 Northwest Freeway, Suite 103, Houston, Texas, 77092-8615, received January 31, 2001, application for financial assistance in an amount not to exceed $428,850 from the Flood Mitigation Assistance Planning Fund.

Liberty County, 1923 San Houston, Liberty, Texas, 77575, received January 31, 2001, application for financial assistance in an amount not to exceed $150,000 from the Flood Mitigation Assistance Planning Fund.

TRD-200101970

Gail L. Allan

Director of Project-Related Leal Services

Texas Water Development Board

Filed: April 4, 2001