Notice is hereby given of a public hearing to be held by the Texas State Affordable Housing Corporation (the "Issuer") on September 10, 2001 at 5:00 p.m., at the Harris County Public Library, Freeman Branch, 16602 Diana Lane, Houston, Texas 77062, with respect to an issue of multifamily housing revenue bonds (the "Bonds") to be issued by the Issuer in one or more series in an aggregate principal amount not to exceed $81,000,000, the proceeds of which will be loaned to HIC Arborstone Baybrook, L.L.C., an Internal Revenue Code §501(c)(3) corporation, to finance the acquisition and rehabilitation of three separate multifamily housing properties (collectively, the "Properties") located in the cities of Dallas and Houston, Texas. The public hearing, which is the subject of this notice, will concern the Baybrook Village Apartments containing 776 units, located at 2702 West Bay Area Boulevard, Houston, Texas and Crescent Oaks Apartments containing 429 units, located at 6718 DeMoss, Houston, Texas. The Properties will be owned by HIC Arborstone Baybrook, L.L.C.

All interested parties are invited to attend such public hearing to express their views with respect to the Properties and the issuance of the Bonds. Questions or requests for additional information may be directed 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 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 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.org.

TRD-200104961

Daniel C. Owen

Vice President

Texas State Affordable Housing Corporation

Filed: August 22, 2001

Notice is given that the following application has been filed with the Credit Union Department and is under consideration:

An application was filed by OmniAmerican Credit Union, Fort Worth, Texas, to amend its Articles of Incorporation to add a new section, Section 10, relating to indemnification of directors and officers who act in good faith, while serving in their official capacity, from personal liability.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.

TRD-200104954

Harold E. Feeney

Commissioner

Credit Union Department

Filed: August 22, 2001

Notice is given that the following applications have been filed with the Credit Union Department and are under consideration:

An application was received from OmniAmerican Credit Union, Fort Worth, Texas to expand its field of membership. The proposal would permit employees of Las Colinas Medical Center who work in or are paid from Irving, Texas, to be eligible for membership in the credit union.

An application was received from OmniAmerican Credit Union, Fort Worth, Texas to expand its field of membership. The proposal would permit employees of ConAgra Grocery Products who work in or are paid from Fort Worth, Texas, to be eligible for membership in the credit union.

An application was received from OmniAmerican Credit Union, Fort Worth, Texas to expand its field of membership. The proposal would permit employees of The Nordam Group Texas who work in or are paid from Fort Worth, Texas, to be eligible for membership in the credit union.

An application was received from OmniAmerican Credit Union, Fort Worth, Texas to expand its field of membership. The proposal would permit employees of Dallas-Fort Worth Auto Auction who work in or are paid from Fort Worth, Texas, to be eligible for membership in the credit union.

An application was received from OmniAmerican Credit Union, Fort Worth, Texas to expand its field of membership. The proposal would permit employees of Charlie's Chicken who work in or are paid from Fort Worth, Texas, to be eligible for membership in the credit union.

An application was received from OmniAmerican Credit Union, Fort Worth, Texas to expand its field of membership. The proposal would permit employees of Perfect Choice Limousine Service who work in or are paid from Fort Worth, Texas, to be eligible for membership in the credit union.

An application was received from OmniAmerican Credit Union, Fort Worth, Texas to expand its field of membership. The proposal would permit employees of Reliance Aeroproducts International, Inc. who work in or are paid from Mansfield, Texas, to be eligible for membership in the credit union.

An application was received from OmniAmerican Credit Union, Fort Worth, Texas to expand its field of membership. The proposal would permit employees of Broder, Pineider & Ford, LLP who work in or are paid from Southlake, Texas, to be eligible for membership in the credit union.

An application was received from OmniAmerican Credit Union, Fort Worth, Texas to expand its field of membership. The proposal would permit employees of Woodard's Janitorial Services who work in or are paid from Irving, Texas, to be eligible for membership in the credit union.

An application was received from OmniAmerican Credit Union, Fort Worth, Texas to expand its field of membership. The proposal would permit employees of Minyard Pharmacy 5003 who work in or are paid from Dallas, Texas, to be eligible for membership in the credit union.

An application was received from OmniAmerican Credit Union, Fort Worth, Texas to expand its field of membership. The proposal would permit employees of Fraser Mining & Industrial Supply who work in or are paid from Mansfield, Texas, to be eligible for membership in the credit union.

An application was received from OmniAmerican Credit Union, Fort Worth, Texas to expand its field of membership. The proposal would permit employees of STL Logistics who work in or are paid from Grapevine, Texas, to be eligible for membership in the credit union.

An application was received from OmniAmerican Credit Union, Fort Worth, Texas to expand its field of membership. The proposal would permit employees of B.TRADE.COM who work in or are paid from Irving, Texas, to be eligible for membership in the credit union.

An application was received from OmniAmerican Credit Union, Fort Worth, Texas to expand its field of membership. The proposal would permit employees of Internal, Sports & Occupational Medicine, who work in or are paid from Dallas, Texas, to be eligible for membership in the credit union.

An application was received from OmniAmerican Credit Union, Fort Worth, Texas to expand its field of membership. The proposal would permit employees of Steve Perkins, M.D., P.A. who work in or are paid from Dallas, Texas, to be eligible for membership in the credit union.

An application was received from OmniAmerican Credit Union, Fort Worth, Texas to expand its field of membership. The proposal would permit employees of Mohammad Khalid, M.D., who work in or are paid from Dallas, Texas, to be eligible for membership in the credit union.

An application was received from OmniAmerican Credit Union, Fort Worth, Texas to expand its field of membership. The proposal would permit employees of Metroplex Auto Body who work in or are paid from Euless, Texas, to be eligible for membership in the credit union.

An application was received from OmniAmerican Credit Union, Fort Worth, Texas to expand its field of membership. The proposal would permit employees of Myron H. Watkins, M.D., P.A. who work in or are paid from Dallas, Texas, to be eligible for membership in the credit union.

An application was received from OmniAmerican Credit Union, Fort Worth, Texas to expand its field of membership. The proposal would permit employees of American Industrial Tire who work in or are paid from Dallas, Texas, to be eligible for membership in the credit union.

An application was received from OmniAmerican Credit Union, Fort Worth, Texas to expand its field of membership. The proposal would permit employees of Texas Oncology, P.A. who work in or are paid from Dallas, Texas, to be eligible for membership in the credit union.

An application was received from OmniAmerican Credit Union, Fort Worth, Texas to expand its field of membership. The proposal would permit employees of Dallas Obstetric & Gynecologic Association who work in or are paid from Dallas, Texas, to be eligible for membership in the credit union.

An application was received from OmniAmerican Credit Union, Fort Worth, Texas to expand its field of membership. The proposal would permit employees of Drain DR who work in or are paid from Dallas, Texas, to be eligible for membership in the credit union.

An application was received from OmniAmerican Credit Union, Fort Worth, Texas to expand its field of membership. The proposal would permit employees of Dallas Neuropsychiatry Associates, P.A. who work in or are paid from Dallas, Texas, to be eligible for membership in the credit union.

An application was received from OmniAmerican Credit Union, Fort Worth, Texas to expand its field of membership. The proposal would permit employees of PR Services, LC who work in or are paid from Euless, Texas, to be eligible for membership in the credit union.

An application was received from OmniAmerican Credit Union, Fort Worth, Texas to expand its field of membership. The proposal would permit employees of Edgewater Group, LC who work in or are paid from Euless, Texas, to be eligible for membership in the credit union.

An application was received from OmniAmerican Credit Union, Fort Worth, Texas to expand its field of membership. The proposal would permit employees of EB Services, LC who work in or are paid from Euless, Texas, to be eligible for membership in the credit union.

An application was received from OmniAmerican Credit Union, Fort Worth, Texas to expand its field of membership. The proposal would permit employees of BR Services Group, LC who work in or are paid from Euless, Texas, to be eligible for membership in the credit union.

An application was received from OmniAmerican Credit Union, Fort Worth, Texas to expand its field of membership. The proposal would permit employees of Petro Services, LC who work in or are paid from Euless, Texas, to be eligible for membership in the credit union.

An application was received from OmniAmerican Credit Union, Fort Worth, Texas to expand its field of membership. The proposal would permit employees of Kohl's Department Stores, Inc. who work in or are paid from Cedar Hill, Texas, Keller, Texas and Southlake, Texas to be eligible for membership in the credit union.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Credit unions that wish to comment on any application must also complete a Notice of Protest form. The form may be obtained by contacting the Department at (512) 837-9236. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.

TRD-200104953

Harold E. Feeney

Commissioner

Credit Union Department

Filed: August 22, 2001

The Texas Department of Criminal Justice hereby gives notice of a Contract Award for the TYC McLennan County Phase II Expansion - Mart, Texas, Requisition Number: 696-TY-1-B011.

The Contract was awarded to Sedalco, Inc., 2554 East Long Avenue, Ft. Worth, Texas 76137-4801,as a full award for a dollar amount of $23,306,000. Part of the award went to HUB vendor: Millennium Mechanical Systems, Inc., 17250 Dallas Parkway #270, Dallas, Texas 75248.

TRD-200104948

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: August 22, 2001

The Texas Youth Commission invites bids for the Construction and Renovation of the Brownwood State School at Brownwood, Texas. The project consists of removal of 24,533 square feet. existing roofs at the Administration and Education buildings at the Sanctions Unit to include installation of a new built-up roof system. Construction of a pedestrian Security Vestibule at the Sanctions Unit will include a metal detector, interlocking door system and camera surveillance. Also, replacement of a Sanitary Sewer System. Work includes (ex. civil, architectural, mechanical, electrical, plumbing, security electronics, structural, concrete and steel), as further shown in the Contract Documents prepared by : Aguirre & Associates, 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.

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.

Contractor must be bondable and insurable at the levels required.

All Bids 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 (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 : Aguirre & Corporation, 12700 Park Central Drive, Floor 15, Dallas, Texas 75251, ATTN: Rob Lanter; Phone: (972) 788-1508; FAX: (972) 788-1583.

A Pre-Bid conference will be held at 9AM on 06 September 2001, at the Brownwood State School Unit, Brownwood, Texas, followed by a site-visit. ATTENDANCE IS MANDATORY.

Bids will be publicly opened and read at 2PM on 27 September, 2001, in the Contracts & Procurements Conference Room at the Texas Department of Criminal Justice located in the West Hill Mall, Two Financial Plaza , Suite 525, Huntsville, Texas.

The Texas Youth Commission requires the Contractor to make a good faith effort to include Historically Underutilized Businesses (HUB's) in at least 57.2% of the total value of this construction contract award. Attention is called to the fact that not less than the minimum wage rates prescribed in the Special Conditions must be paid on these projects.

TRD-200104963

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: August 22, 2001

INTRODUCTION

The Texas Department of Health (department) is requesting proposals to provide prevention services to Human Immunodeficiency Virus (HIV)-infected persons. Projects will start March 1, 2002.

PURPOSE

The project will have two purposes:

(1) to provide services to assure that effective and appropriate prevention services are available to HIV- infected, high-need clients who may already be in a community care system, or who are newly diagnosed. These may be people who have multiple and complex needs which interfere with their ability to adopt and sustain behaviors with reduced risk for disease transmission. Young men who have sex with other men (especially men of color), intravenous drug users, and others with complex prevention needs, will be a high priority for receiving these services; and

(2) to provide services to assure that HIV-infected incarcerated persons are successfully linked to appropriate HIV prevention and related services upon release. When released from prisons and jails, HIV-infected persons need to be referred to ongoing prevention services.

ELIGIBLE APPLICANTS

Eligible applicants are public or private nonprofit organizations within the state of Texas. Applicants must be current providers of HIV prevention, health and/or social services. Agencies that have had state or federal contracts terminated within the last 24 months for deficiencies in fiscal or programmatic performance are not eligible to apply.

AVAILABLE FUNDS

The department has identified $690,934 in HIV prevention funds to provide the above programs. The department plans to select approximately five agencies to provide these services and linkages through a competitive Request for Proposals (RFP). The review and award criteria will be included in the RFP.

DEADLINE

The RFP will be available September 14, 2001. Proposals will be due by 5:00 p.m. Central Daylight Saving Time, November 14, 2001, and may be submitted to Laura Ramos, HIV/STD Health Resources Division, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3199, telephone (512) 490-2525.

FOR INFORMATION

Interested parties may obtain a copy of the RFP at the website: http://www.tdh.state.tx.us/hivstd/grants/default.htm; or, contact Laura Ramos at 512/490-2525, or by e-mail at laura.ramos@tdh.state.tx.us. No copies of the RFP will be released prior to September 14, 2001. Request Document Number 0026.

TRD-200104965

Susan Steeg

General Counsel

Texas Department of Health

Filed: August 22, 2001

Proposal. As single state agency for the state Medicaid program, the Texas Health and Human Services Commission (HHSC) proposes new per diem payment rates for the nursing facilities program operated by the Texas Department of Human Services (DHS). These payments are proposed pursuant to House Bill (HB) Number 1, 77th Legislature, Article II §44, which states that $20 million in general revenue for each year of the biennium may "only be expended to improve the quality of care in nursing homes"; and Senate Bill 1839, 77th Legislature, which directs HHSC to ensure that rate determination rules "improve the quality of care" by "providing incentives for increased direct care staff and direct care wages and benefits" and through other means to the extent funding allows. These payments are also proposed pursuant to HB 154, 77th Legislature, which directs HHSC to ensure that the "rates paid for nursing home services provide for the rate component derived from reported liability insurance costs to be paid only to those homes that purchase liability insurance acceptable to the commission". To comply with HB 154, the portion of the general and administrative rate component derived from reported liability insurance costs has been excluded from the rates in the chart below. The liability insurance rate component is $1.17 per diem. The funds from the liability insurance rate component excluded from these rates will be distributed to facilities that verify liability insurance coverage acceptable to HHSC.

Payment rates are proposed to be effective September 1, 2001, for the state fiscal years 2002 and 2003, as follows:

Table 1:

[graphic]

Methodology and justification. The proposed rates in the chart above were determined in accordance with the rate setting methodology at 1 Texas Administrative Code (TAC) Chapter 355, Subchapter C (relating to Reimbursement Methodology for Nursing Facilities), §355.307 and (relating to Enhanced Direct Care Staff Rate), §355.308, and in accordance with proposed revisions to be codified in these sections.

Participating facilities requesting to staff above the minimum staffing requirements included in the rates in the above chart may receive one of the following payment rates per day in addition to the above payment rates (within available funds):

Table 2:

[graphic]

Additional levels will be made available on an as needed basis within appropriated funds.

Methodology and justification. The proposed rates in the chart above were determined in accordance with the rate setting methodology at 1 Texas Administrative Code (TAC) Chapter 355, Subchapter C (relating to Enhanced Direct Care Staff Rate), §355.308, and in accordance with proposed revisions to be codified in this section.

These proposed rates replace the proposed rates which appeared in the August 3, 2001, issue of the Texas Register (26 TexReg 5855).

TRD-200104944

Marina Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Filed: August 21, 2001

Proposal.

As single state agency for the state Medicaid program the Health and Human Services Commission proposes new rates for Home and Community-Based Services (HCS) effective September 1, 2001, through August 31, 2002, Home and Community-Based Services-OBRA effective September 1, 2001, through August 31, 2002, and Mental Retardation Local Authority (MRLA) effective September 1, 2001, through August 31, 2002.

Methodology and justification.

The proposed rates were determined in compliance with the rate setting methodology codified at 1 TAC Chapter 355, Subchapter F, §§355.723, 355.733 and 355.775.

Public Hearing.

A public hearing will be held in compliance with 1 TAC Chapter 355, Subchapter F, §355.702(h), which requires a public hearing on proposed reimbursement rates for medical assistance programs.

The public hearing will be held on Monday, September 10, 2001 at 10:00 AM in the auditorium of the TDMHMR Central Office building (Building 2) at 909 West 45th Street, Austin, Texas 78751.

Written comments may be submitted to Reimbursement and Analysis Section, Medicaid Administration, Texas Department of Mental Health and Mental Retardation, P.O. Box 12668, Austin, Texas 78711-2668, or faxed to (512) 206-5693. Hand deliveries will be accepted at 909 West 45th Street, Austin, Texas 78751. Comments must be received by 12:00 noon on September 10, 2001. Interested parties may obtain a copy of the reimbursement-briefing package by calling the Reimbursement and Analysis Section at (512) 206-5753.

Persons requiring ADA accommodation should contact Tom Wooldridge by calling (512) 206-5753, at least 72 hours prior to the hearing. Persons requiring an interpreter for the deaf or hearing impaired should contact Tom Wooldridge through the Texas Relay operator by calling 1-800-735-2988.

TRD-200104968

Marina S. Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Filed: August 22, 2001

Proposal.

As single state agency for the state Medicaid program, the Health and Human Services Commission proposes new rates for the State Operated Intermediate Care Facilities for the Mentally Retarded (ICF/MR) program operated by the Texas Department of Mental Health and Mental Retardation. The proposed rates will be in effect from September 1, 2001 through August 31, 2002. Payment rates for state-operated facilities are proposed as follows:

Large Facility: $244.10

Small Facility: $182.05

Methodology and justification.

The proposed rates were determined in compliance with the rate setting methodology codified at 1 TAC Chapter 355, Subchapter D, §355.456.

Public Hearing.

A public hearing will be held on Monday, September 10, 2001 at 9:00 AM in the auditorium of the TDMHMR Central Office building (Building 2) at 909 West 45th Street, Austin, Texas 78751.

Written comments may be submitted to Reimbursement and Analysis Section, Medicaid Administration, Texas Department of Mental Health and Mental Retardation, P.O. Box 12668, Austin, Texas 78711-2668, or faxed to (512) 206-5693. Hand deliveries will be accepted at 909 West 45th Street, Austin, Texas 78751. Comments must be received by 12:00 noon on September 10, 2001. Interested parties may obtain a copy of the reimbursement briefing package by calling the Reimbursement and Analysis Section at (512) 206-5753.

Persons requiring ADA accommodation should contact Tom Wooldridge by calling (512) 206-5753, at least 72 hours prior to the hearing. Persons requiring an interpreter for the deaf or hearing impaired should contact Tom Wooldridge through the Texas Relay operator by calling 1-800-735-2988.

TRD-200104967

Marina S. Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Filed: August 22, 2001

The Texas Health and Human Services Commission (HHSC) is submitting a Medicaid state plan amendment to propose revisions to the reimbursement methodology for nursing facilities. House Bill 154 of the 77th Legislature directed HHSC to ensure that the "rates paid for nursing home services provide for the rate component derived from reported liability insurance costs to be paid only to those homes that purchase liability insurance acceptable to the commission". Therefore, this proposal creates separate payment rates for nursing facilities such that facilities with acceptable liability insurance will receive higher payment rates that include a separate payment rate component for professional liability insurance and a separate payment rate component for general liability insurance paid to the provider as appropriate.

Senate Bill (SB) 1, Article II, Texas Department of Human Services (DHS) rider 44 states that $20 million in general revenue for each year of the biennium "may only be expended to improve the quality of care in nursing homes". SB 1839 directs HHSC to ensure that rate determination rules "improve the quality of care" by "providing incentives for increased direct care staff and direct care wages and benefits" and through other means to the extent that funding allows. To comply with Rider 44 and SB 1839, HHSC proposes to reconfigure the enhanced direct care staff rate system by basing participant rates for direct care staff on inflated statewide average compensation costs. The former practice of marking up this cost figure by seven percent to account for statewide cost variation will be replaced by marking up this cost figure by three percent and expanding the selection of enhancement levels. For those participants located in relatively high-wage areas who are at a disadvantage in meeting staffing requirements, a further proposal will mitigate staffing recoupments to the extent that enhancements are expended on direct nursing staff compensation. As a result of these proposed changes, participation in the enhancement program should become viable for a greater number of facilities and the accountability standards should be more equitable in light of differentials in wages and staff availability across the state.

To further expand the accountability of spending on direct care staff, the spending requirement effective September 1, 2002, will be increased from 85% to 90%. Facilities who fail to meet the spending requirement are subject to recoupment of unexpended funds below 90% of the direct care staff compensation rate component revenues. In recognition of nursing facilities that deliver good care, some of the spending recoupment of facilities that fail to meet their spending requirement will be mitigated for facilities that achieve a high quality index score. The higher the quality index score of the facility, the less recoupment the facility will be required to repay.

For facilities that staff above their required staffing levels, the proposal provides for the distribution of funds that were collected as recoupments. The distribution would be made to nursing facilities that requested higher enhanced staffing levels than were granted, and achieved the higher levels of staffing.

The calculation of the staffing requirement for private pay residents is being modified to use the facility's average case mix or Texas Index for Level of Effort (TILE) level 207, whichever is lower. Currently the facility's average case mix for Medicaid recipients is used in the calculation of the staffing requirement for private pay residents, because TILE levels are not determined for private pay residents. This modification recognizes that in some cases facilities may have a high average case mix for their Medicaid recipients and a lower average case mix for their private pay residents. The proposal will also allow respiratory therapists to be included as direct care staff for the determination of staffing requirements when the facility is receiving the supplemental payment for serving ventilator dependent recipients.

The proposal eliminates the Six-month Staffing and Compensation Report in an effort to reduce paperwork for the provider and the state, and to allow the full year for providers to meet their staffing requirements. In addition, providers may elect to combine their Annual Staffing and Compensation Report and their cost report by using the rate year as the reporting period. Beginning with the rate year September 1, 2001, to August 31, 2002, the annual staffing and compensation report must be completed by an individual that has attended the nursing facility cost report training. This is intended to improve the quality of the staffing and compensation reports submitted by providers.

The proposal clarifies how the days of service and revenue for Medicaid managed care recipients in nursing facilities are used in the calculation of required spending levels. In addition, it clarifies that swing beds in rural hospitals will be paid the minimum participant rate, but are not subject to staffing and spending requirements.

In addition, the proposal allows HHSC to delay or cancel the annual enhancement enrollment in July if HHSC determines it to be warranted; eliminates references to the implementation period which ended on August 31, 2000; and changes the references from DHS to references for HHSC as the responsible entity for nursing facility payment rates.

If the proposed methodology and rates are approved, it is estimated that there will be no increase in the aggregate annual expenditure for state fiscal year 2002 and 2003 resulting from these revisions, because the revisions provide for the redistribution of funds within the nursing facility program. For example, the funds that are reduced by the proposal that changes the percentage of the markup over costs is redistributed into increased levels of enhanced rates. Also, funds that are recouped because of the proposed change in the spending requirement may be reinvested into additional levels of rate enhancements. In addition, the mitigation or reduction of recoupments for failure to meet staffing requirements if facilities spent the enhanced funds that they received and/or based on their quality index score, would reduce the funds that could be redistributed into increased levels of enhanced rates.

To obtain copies of the draft reimbursement methodology, interested parties may contact Pam McDonald, Rate Analysis Department, Texas Department of Human Services, Mail Code W-425, P.O. Box 149030, Austin, Texas 78714-9030, (512) 438-4086.

The draft reimbursement methodology is available for public review at local offices of the Texas Department of Human Services. For further information, contact Pam McDonald at (512) 438-4086.

TRD-200104951

Marina Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Filed: August 22, 2001

The Texas Health and Human Services Commission (HHSC) is planning to submit a Medicaid state plan amendment to create a nursing facility pediatric care facility special rate class. This amendment will describe the reimbursement methodology for determining a facility specific payment rate for children's facilities and distinct pediatric units qualifying for this special rate class. HHSC is establishing this special rate class to recognize the cost differences that exist in a nursing facility or distinct unit of a nursing facility that specializes in caring for children. The increase in annual aggregate expenditures for state fiscal year 2002 is estimated to be $504,926. Local Texas Department of Human Services Field Offices may be contacted to obtain copies of the draft reimbursement methodology available for public review, or contact Carolyn Pratt, Texas Department of Human Services, Mail Code W-425, P.O. Box 149030, Austin, Texas 78714-9030, (512) 438-4057. Written comments can also be submitted to this address.

TRD-200104957

Marina Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Filed: August 22, 2001

Application for admission to the State of Texas by GUIDEONE CASUALTY INSURANCE COMPANY, a foreign fire and casualty company. The home office is in West Des Moines, IA.

Application to change the name of BANKERS AND FARMERS LIFE INSURANCE COMPANY to FIRST COMMAND LIFE INSURANCE COMPANY, a domestic life insurance company. The home office is in Fort Worth, Texas.

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-200104962

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: August 22, 2001

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 Advance PCS Health, L.P., a foreign third party administrator. The home office is Wilmington, Delaware.

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

TRD-200104926

Lynda Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: August 21, 2001

1.0 Name and Style of Game.

A. The name of Instant Game No. 243 is "MONEY IN THE BANK". The play style is a "match three (3) of six (6) with a tripler".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 243 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 243.

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, $5.00, $10.00, $25.00, $100, $1,000, $3,000, and TRIPLE

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

Table 1 of this section

[graphic]

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

Table 2 of this section.

[graphic]

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

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

G. Low-Tier Prize - A prize of $1.00, $2.00, $3.00, $5.00, $10.00, or $15.00.

H. Mid-Tier Prize - A prize of $25.00, $30.00, $75.00, $100, or $300.

I. High-Tier Prize - A prize of $1,000 or $3,000.

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 twenty-two (22) digit number consisting of the three (3) digit game number (243), 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: 243-0000001-000.

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

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 "MONEY IN THE BANK" Instant Game No. 243 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 "MONEY IN THE BANK" Instant Game is determined once the latex on the ticket is scratched off to expose six (6) play symbols. If the player finds three (3) like amounts, the player will win that amount. If the player finds two (2) like amounts and a piggybank symbol, the player triples that amount. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 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 six (6) 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. No ticket will have four (4) or more like play symbols on a ticket.

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

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

E. No more than one (1) pair of like play symbols will appear on a ticket containing a tripler symbol.

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

2.3 Procedure for Claiming Prizes.

A. To claim a "MONEY IN THE BANK" Instant Game prize of $1.00, $2.00, $3.00, $5.00, $10.00, $15.00, $25.00, $30.00, $75.00, $100, or $300, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $25.00, $30.00, $75.00, $100, or $300 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "MONEY IN THE BANK" Instant Game prize of $1,000 or $3,000, 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 "MONEY IN THE BANK" 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 "MONEY IN THE BANK" 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 "MONEY IN THE BANK" 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 20,491,000 tickets in the Instant Game No. 243. The approximate number and value of prizes in the game are as follows:

Table 3 of this section

[graphic]

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 243 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. 243, 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-200104916

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: August 20, 2001

1.0 Name and Style of Game.

A. The name of Instant Game No. 248 is "WEEKLY GRAND". This ticket contains three (3) games, indicated as "Game 1"; "Game 2"; and "Game 3", or "Quick $20". The play style of "Game 1" is a "Your Number Beats Their Number" play style. The play style of "Game 2" is a "Match 3 Like Prize Amounts" play style. The play style of "Game 3", or "Quick $20", is a "Match 2 Like Symbols" play style.

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 248 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 248.

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 for" Game 1" are: 1, 2, 3, 4, 5, 6, 7, 8, 9, $1.00, $2.00, $4.00, $5.00, $10.00, $40.00, $300, and GRAND. The possible Play Symbols for "Game 2" are:, $1.00, $2.00, $4.00, $5.00, $10.00, $40.00, $100, $300, and GRAND. The possible game symbols for "Game 3" are: MONEY BAG symbol, GOLD BAR symbol, POT OF GOLD symbol, TOP HAT symbol, CLOVER symbol, and DIAMOND 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

[graphic]

E. Retailer Validation Code - Three (3) small letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. The possible validation codes are:

Table 2 of this section.

[graphic]

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

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

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

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

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

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 (248), 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: 248-0000001-000.

L. Pack - A pack of "WEEKLY GRAND" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of two (2). Tickets 000 and 001 will be on the first page; tickets 002 and 003 will be on the next page and so forth with tickets 248-249 on the last page.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "WEEKLY GRAND" Instant Game No. 248 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 "Game 1" of the "WEEKLY GRAND" Instant Game is determined once the latex on the ticket is scratched off to expose the "Your Number", "Their Number", and "Prize" Play Symbols on the front of the ticket. The player wins "Prize" amount if a Play Symbol shown under "YOUR NUMBER" is greater than the Play Symbol appearing under "THEIR NUMBER" in each of the two (2) rows. The player wins $1,000 per week for 20 (twenty) years if a Play Symbol shown under "YOUR NUMBER" is greater than the Play Symbol appearing under "THEIR NUMBER" in either row and the Play Symbol "GRAND" appears in the "Prize" spot for that row. In "Game 2", the player wins the prize amount that appears three (3) times on the play area. If the Play Symbol "GRAND" appears three times on the play area of "Game 2", the player wins $1,000 per week for 20 years. In "Game 3", the player wins $20 instantly if there are two (2) out of three (3) matching Play Symbols under "QUICK $20". 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 "Game 1", exactly six (6) Play Symbols must appear under the latex overprint on "Game 2", and exactly three (3) Play Symbols must appear under "Game 3".

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 and exactly six Play Symbol Captions under "Game 1", exactly six (6) Play Symbols and exactly six (6) Play Symbol Captions under "Game 2", and exactly three (3) Play Symbols and exactly three (3) Play Symbol Captions under "Game 3" on the front of the ticket under the latex overprint on the front portion of the ticket, exactly one (1) Serial Number, exactly one (1) Retailer Validation Code, and exactly one (1) 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 appearing under "Game 1", each of the six Play Symbols appearing under "Game 2", and each of the three (3) Play Symbols appearing under "Game 3" must be exactly one of those described in Section 1.2.C of these Game Procedures, and each of the Play Symbol Captions to those Play Symbols must be exactly one of these described in Section 1.2.D of these Game Procedures;

17. Each of the six (6) Play appearing under "Game 1", each of the six (6) Play Symbols appearing under "Game 2", and each of the three (3) Play Symbols appearing under "Game 3" 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 Validation Numbers must be printed in the Validation 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 or recorded 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 three (3) or more like non-winning prize symbols on a ticket.

C. Non-winning PRIZE SYMBOLS will not match a winning prize symbol on a ticket.

D. The GRAND symbol may only be used in "Game 1" and "Game 2".

E. In "Game 1", there will be no ties between YOURS and THIERS in a row.

F. There will be no duplicate games on a ticket in "Game 1".

G. No duplicate non-winning prize symbols in "Game 1".

H. In "Game 2", no more than four (4) or more of a kind will appear.

I. In "Game 3", all symbols will be used an approximately even number of times on winning and non-winning tickets.

J. There will never be three (3) like symbols in "Game 3"

2.3 Procedure for Claiming Prizes.

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

B. When claiming a "WEEKLY GRAND" Instant Game prize of GRAND, the claimant must choose one of four (4) payment options for receiving their prize:

1. Weekly via wire transfer to the claimant/winner's account. This will be similar to the current "WEEKLY GRAND" (Game 173) payment process. With this plan, a payment of $1,000.00 less Federal withholding will be made once a week for twenty years. After the initial payment, installment payments will be made every Wednesday.

2. Monthly via wire transfer to the claimant/winner's account. If the claim is made during the month, the claimant/winner will still receive the entire month's payment. This will allow the flow of payments throughout the 20 years to remain the same. With this plan, a payment of $4,337.00 less Federal withholding will be made the month of the claim. Each additional month, a payment of $4,333.00 less Federal withholding will be made once a month for 20 years. After the initial payment, installment payments will be made on the first business day of each month.

3. Monthly via wire transfer to the claimant/winner's account. If the claim is made during the quarter, the claimant/winner will still receive the entire quarter's payment. This will allow the flow of payments throughout the 20 years to remain the same. With this plan, a payment of $13,000.00 less Federal withholding will be made each quarter (four times a year) for 20 years. After the initial payment, installment payments will be made on the first business day of the first month of every quarter (January, April, July, October).

4. Annually via wire transfer to the claimant/winner's account. These payments will be made in a manner similar to how jackpot payments are currently handled. With this plan, a payment of $52,000.00 less Federal withholding will be made once a year during the anniversary month of the claim for 20 years. After the initial payment, installment payments will be made on the first business day of the anniversary month.

C. As an alternative method of claiming a "WEEKLY GRAND" Instant Game prize of $2.00, $4.00, $5.00, $10.00, $20.00, $40.00, or $300, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "WEEKLY GRAND" 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 $1,000 per week for 20 years from the "WEEKLY GRAND" 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 25,699,750 tickets in the Instant Game No. 248. The approximate number and value of prizes in the game are as follows:

Table 3 of this section

[graphic]

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 248 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. 248, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant tot he State Lottery Act and reference in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200104915

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: August 20, 2001

1.0 Name and Style of Game.

A. The name of Instant Game No. 260 is "JUMBO BUCKS". The play style is a "match key number with 5 time win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 260 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 260.

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

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

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, $2.00, $3.00, $5.00, $10.00, $20.00, $25.00, $100, $500, $25,000, and JUMBO.

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

Table 1 of this section

[graphic]

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

Table 2 of this section.

[graphic]

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

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

G. Low-Tier Prize - A prize of $2.00, $3.00, $5.00, $7.00, $10.00, $15.00, or $20.00.

H. Mid-Tier Prize - A prize of $25.00, $30.00, $50.00, $75.00, $100, or $500.

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

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

K. Pack-Ticket Number - A twenty-two (22) digit number consisting of the three (3) digit game number (260), 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: 260-0000001-000.

L. Pack - A pack of "JUMBO BUCKS" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of two (2). Tickets 000-001 will be on the top page. Tickets 002-003 will be on the next page and so forth and ticket 248-249 will be on the last page.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "JUMBO BUCKS" Instant Game No. 260 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 "JUMBO BUCKS" Instant Game is determined once the latex on the ticket is scratched off to expose 22 (twenty-two) play symbols. If the player matches any of YOUR NUMBERS to either of the two SERIAL NUMBERS, the player will win the prize shown for that number. If the player gets a JUMBO symbol, the player will win five (5) times that prize. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 22 (twenty-two) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

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

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

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

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

17. Each of the 22 (twenty-two) 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. No duplicate non-winning tickets will be greater than 10 (ten).

C. There will be no more than one (1) pair of duplicate non-winning prize symbols on a ticket.

D. There will be no duplicate Serial Numbers on a ticket.

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

F. The JUMBO symbol will appear only on intended winning tickets as dictated by the prize structure.

2.3 Procedure for Claiming Prizes.

A. To claim a "JUMBO BUCKS" Instant Game prize of $2.00, $3.00, $5.00, $7.00, $10.00, $15.00, $20.00, $25.00, $30.00, $50.00, $75.00, $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 $25.00, $30.00, $50.00, $75.00, $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 "JUMBO BUCKS" Instant Game prize of $25,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "JUMBO BUCKS" 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 "JUMBO BUCKS" 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 "JUMBO BUCKS" 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 20,197,000 tickets in the Instant Game No. 260. The approximate number and value of prizes in the game are as follows:

Table 3 of this section

[graphic]

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 260 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. 260, 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-200104914

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: August 20, 2001

In the August 24, 2001 issue of the Texas Register , the Texas Natural Resource Conservation Commission (commission) published proposed amendments to 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicle.. The preamble to the proposal stated that the commission must receive all written comments by 5:00 p.m., September 14, 2001. The commission has extended the deadline for receipt of written comments to 5:00 p.m., September 17, 2001 for this proposal.

Written comments should be mailed to Joyce Spencer, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. For further information on the proposed revisions, please contact Jill Burditt at (512) 239-0560. Copies of the proposed amendments can be obtained from the commission's web site at www.tnrcc.state.tx.us/oprd/rules/propadop.html .

TRD-200104854

Ramon Dasch

Acting Division Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: August 20, 2001

In accordance with Solid Waste Disposal Act, §361.613, Subchapter S, the executive director of the Texas Natural Resource Conservation Commission (TNRCC or commission) shall calculate and publish annually the commission's costs to administer the Voluntary Cleanup Program. The Innocent Landowner Program, based on authority from Solid Waste Disposal Act, §361.752(b) shall also calculate and publish annually a rate established for the purposes of identifying the costs recoverable by the commission. The TNRCC is publishing the hourly billing rate of $104 for both the Voluntary Cleanup Program and the Innocent Landowner Program for Fiscal Year 2002.

The Voluntary Cleanup Law was effective September 1, 1995, and as such, this will be the seventh year of operation for the program. The commission is able to use data from the previous six years to calculate the rate for Fiscal Year 2002. The Innocent Landowner Program Law was effective September 1, 1997. As such, this will be the fifth year of operation for the program. Therefore, the commission will be able to use data from the previous four years to calculate the rate for Fiscal Year 2002. A single hourly billing rate for both programs was derived from current projections for salaries plus the fringe benefit rate and the indirect cost rate, less federal funding divided by the estimated billable salary hours. The hourly rate for the two programs was calculated, and then rounded to a whole dollar amount. Billable salary hours were derived by subtracting the release time hours from the total available hours and a further reduction of 40.8% to account for non-site specific hours. The release time includes sick leave, jury duty, holidays, etc., and is set at 16.21% (actual rate for Fiscal Year 2000). The current fringe benefit rate is 20.75%. Fringe benefits include retirement, social security, and insurance expenses and are calculated at a rate that applies to the agency as a whole. The current indirect cost rate is 34.22%. Indirect costs include allowable overhead expenses and are also calculated at a rate that applies to the whole agency. The billings processed for Fiscal Year 2002 will use the hourly billing rate of $104 for both the Voluntary Cleanup Program and the Innocent Landowner Program and will not be adjusted. All travel related expenses will be billed as a separate expense. After an applicant's initial $1,000 application fee has been expended by the Innocent Landowner Program or the Voluntary Cleanup Program in-site review and oversight, invoices will be sent to the applicant on a quarterly basis for payment of additional program expenses.

The commission anticipates receiving federal funding during Fiscal Year 2002 for the development and implementation of the Innocent Landowner Program and for the continued development and enhancement of the Voluntary Cleanup Program. These federal funds are instrumental in the commission having some of the lowest rates of any state Voluntary Cleanup Program. If the federal funding anticipated for Fiscal Year 2002 does not become available, the commission may publish a new rate. Federal funding of the Voluntary Cleanup Program and the Innocent Landowner Program should occur prior to October 1, 2001.

For more information, please contact Mr. Charles Epperson, Voluntary Cleanup Section, Remediation Division, Texas Natural Resource Conservation Commission, MC 221, 12100 Park 35 Circle, Austin, Texas 78753 or call (512) 239-5891.

TRD-200104952

Ramon Dasch

Acting Division Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: August 22, 2001

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (the Code), §7.075, which requires that the TNRCC may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is October 1, 2001 . Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO are made in response to written comments.

A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable Regional Office listed as follows. Written comments about these AOs should be sent to the enforcement coordinator designated for each AO at the TNRCC's Central Office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on October 1, 2001 . Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The TNRCC enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs should be submitted to the TNRCC in writing .

(1) COMPANY: Angel Brothers Enterprises, Ltd. dba Angel's Gas & Grocery #11; DOCKET NUMBER: 2001-0227-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Station Identification Number 0068267; LOCATION: League City, Galveston County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.242(3)(B) and the Code, §382.085(b), by failing to maintain the Stage II vapor recovery system (VRS); PENALTY: $2,500; ENFORCEMENT COORDINATOR: Faye Liu, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY: Baxter Oil Service, Inc. dba Jones Oil Service; DOCKET NUMBER: 2001- 0460-MSW-E; IDENTIFIER: Used Oil Registration Number A85204; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: transfer, treatment, and storage of used oil and used oil filters; RULE VIOLATED: 30 TAC §37.2011 and §324.22, by failing to provide an original financial assurance mechanism; PENALTY: $200; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.

(3) COMPANY: Boling Municipal Water District; DOCKET NUMBER: 2000-1422-MWD-E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number 10843-001; LOCATION: Boling, Wharton County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10843-001, and the Code, §26.121, by failing to meet biochemical oxygen demand (BOD) effluent limitations; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Merrilee Gerberding, (512) 239-4490; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(4) COMPANY: Chem-Pruf Door Co., Ltd.; DOCKET NUMBER: 2001-0507-AIR-E; IDENTIFIER: Air Account Number CD-0215-T; LOCATION: Brownsville, Cameron County, Texas; TYPE OF FACILITY: fiberglass door manufacturing; RULE VIOLATED: 30 TAC §116.110(a) and the Code, §382.0518(a) and §382.085(b), by failing to obtain a permit prior to increasing the acetone usage; PENALTY: $2,160; ENFORCEMENT COORDINATOR: Sandra Hernandez, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(5) COMPANY: City of De Leon; DOCKET NUMBER: 2000-0687-MWD-E; IDENTIFIER: TPDES Permit Number 10078-001; LOCATION: De Leon, Comanche County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10078-001, and the Code, §26.121, by failing to meet permitted limits for five-day carbonaecous BOD and ammonia-nitrogen, and failing to report effluent violations which deviate from the permitted effluent limitation by more than 40%; PENALTY: $10,000; ENFORCEMENT COORDINATOR: Joseph Daley, (512) 239-3308; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(6) COMPANY: Diamond Shamrock Refining and Marketing; DOCKET NUMBER: 2001-0274- PST-E; IDENTIFIER: PST Station Identification Number 0005481; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.242(3)(A) and (J), and the Code, §382.085(b), by failing to maintain all components of the Stage II VRS in proper operating condition and to an approved condition; PENALTY: $6,250; ENFORCEMENT COORDINATOR: Kevin Keyser, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(7) COMPANY: City of El Paso; DOCKET NUMBER: 2001-0099-AIR-E; IDENTIFIER: Air Account Number EE-1924-A; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: municipal automotive repair shop; RULE VIOLATED: 30 TAC §114.100(a) and the Code, §382.085(b), by allegedly having supplied and/or dispensed gasoline for the use as a motor vehicle fuel which failed to meet the minimum oxygen content of 2.7% by weight; PENALTY: $720; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(8) COMPANY: Fine Meadow Farm, Incorporated; DOCKET NUMBER: 2000-1298-MWD-E; IDENTIFIER: Enforcement Identification Number 9512; LOCATION: Dublin, Erath County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §321.33(e), by failing to construct facilities to contain all contaminated runoff; and 30 TAC §321.39(f)(12) and (24)(B), by failing to install permanent markers to show the storage capacity and contain manure stockpiles to prevent contaminated runoff; PENALTY: $9,375; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(9) COMPANY: Mr. Alvin Kidd dba Greenwood Terrace Mobile Home Subdivision; DOCKET NUMBER: 2001-0190-PWS-E; IDENTIFIER: Public Water Supply (PWS) Number 1650048; LOCATION: Midland, Midland County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §291.101 and the Code, §13.242, by failing to obtain a certificate of convenience and necessity (CCN); and 30 TAC §291.21 and the Code, §13.190, by failing to obtain an approved tariff; PENALTY: $360; ENFORCEMENT COORDINATOR: Dan Landenberger, (915) 570-1359; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(10) COMPANY: Houston Marine Services, Inc.; DOCKET NUMBER: 2001-0466-MSW-E; IDENTIFIER: Used Oil Registration Number A85458; LOCATION: Baytown, Harris County, Texas; TYPE OF FACILITY: used oil handling; RULE VIOLATED: 30 TAC §37.2011 and §324.22, by failing to submit an original financial assurance mechanism; PENALTY: $200; ENFORCEMENT COORDINATOR: Merrilee Gerberding, (512) 239-4490; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(11) COMPANY: Mr. Richard Keenan dba K & B Waterworks; DOCKET NUMBER: 2001- 0597-PWS-E; IDENTIFIER: PWS Number 0840187 and CCN Number 12084; LOCATION: Santa Fe, Galveston County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §291.21(c)(7), §291.93(2)(A), and the Code, §13.136(a), by failing to ensure that its tariff includes an approved drought contingency plan; and 30 TAC §288.30(3)(B) and the Code, §13.132(a)(1), by failing to make its drought contingency plan available for inspection; PENALTY: $125; ENFORCEMENT COORDINATOR: David Van Soest, (512) 239-0468; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(12) COMPANY: Koch Midstream Services Company, LLC; DOCKET NUMBER: 2001-0456- AIR-E; IDENTIFIER: Air Account Number FI-0008-M; LOCATION: Teague, Freestone County, Texas; TYPE OF FACILITY: natural gas treating and sulfur recovery; RULE VIOLATED: 30 TAC §116.115(c), Permit Number 5269A, and the Code, §382.085(b), by failing to operate the plant in compliance with the sulfur dioxide emission limit; PENALTY: $2,500; ENFORCEMENT COORDINATOR: James Jackson, (254) 751-0335; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(13) COMPANY: Louisiana Pacific Corporation; DOCKET NUMBER: 2001-0320-PWS-E; IDENTIFIER: PWS Number 1760021; LOCATION: Bon Weir, Newton County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.103(5) and §290.106(a), (b)(1) and (5), (e)(2) [now 30 TAC §290.109(c)(2)(F) and (3), (g), and §290.122(c)], and the Code, §341.033(d), by failing to collect and submit routine monthly water samples for bacteriological analysis, collect and submit repeat samples for bacteriological analysis, collect and submit the required number of additional routine samples for bacteriological analysis, and provide public notice related to its failure to collect and submit samples for bacteriological analysis; 30 TAC §290.119(a)(1), by failing to utilize a laboratory approved by the Texas Department of Health for the analysis of water samples; and 30 TAC §290.51(a)(3) and the Code, §341.041, by failing to pay public health service fees; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Subhash Jain, (512) 239-5867; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892 (409) 898-3838.

(14) COMPANY: City of Malone; DOCKET NUMBER: 2000-1324-MWD-E; IDENTIFIER: TPDES Permit Number 10514-001; LOCATION: Malone, Hill County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10514- 001, and the Code, §26.121, by failing to meet the permitted limits; PENALTY: $5,250; ENFORCEMENT COORDINATOR: Dan Landenberger, (915) 570-1359; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(15) COMPANY: Minsa Corporation; DOCKET NUMBER: 2001-0386-IWD-E; IDENTIFIER: Water Quality Permit Number 03032-000; LOCATION: Muleshoe, Bailey County, Texas; TYPE OF FACILITY: masa (corn) flour manufacturing; RULE VIOLATED: 30 TAC §305.125(1) and (5), Water Quality Permit Number 03032-000, and the Code, §26.121, by failing to maintain effluent pH range between six and nine standard units, limit the average daily volume of wastewater used for irrigation to 80,000 gallons per day, maintain hydraulic loading on irrigated land at or below 4.2 acre feet/acre/year, maintain the organic loading rate below 85 pounds/acre/day, and maintain a perennial crop of alfalfa or a similar vegetation cover; PENALTY: $11,375; ENFORCEMENT COORDINATOR: Gary Shipp, (806) 796-7092; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(16) COMPANY: Mitchell Gas Service L.P.; DOCKET NUMBER: 2001-0365-AIR-E; IDENTIFIER: Air Account Number CO-0034-B; LOCATION: Talpa, Coleman County, Texas; TYPE OF FACILITY: natural gas transmission station; RULE VIOLATED: 30 TAC § 101.10 and the Code, §382.085(b), by failing to submit the emission inventory questionnaire; PENALTY: $800; ENFORCEMENT COORDINATOR: David Van Soest, (512) 239-0468; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(17) COMPANY: New Braunfels Utilities; DOCKET NUMBER: 2001-0468-MWD-E; IDENTIFIER: TPDES Permit Number 10232-002; LOCATION: New Braunfels, Comal County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10232-002, and the Code, §26.121, by failing to comply with the permit limits for ammonia-nitrogen daily average and daily maximum; PENALTY: $1,875; ENFORCEMENT COORDINATOR: Gilbert Angelle, (512) 239-4489; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(18) COMPANY: Panaco, Inc.; DOCKET NUMBER: 2001-0413-AIR-E; IDENTIFIER: Air Account Number CI-0179-M; LOCATION: Trinity Bay, Chambers County, Texas; TYPE OF FACILITY: oil and gas production; RULE VIOLATED: 30 TAC §111.111(a)(4)(A)(ii) and the Code, §382.085(b), by failing to make notations in a daily flare log to indicate whether or not the flare was smoking; 30 TAC §117.209(c) and the Code, §382.085(b), by failing to submit an initial control plan; and 30 TAC §122.130(a)(1)(B)(i), §122.121, and the Code, §382.054, by failing to operate with a federal operating permit; PENALTY: $4,320; ENFORCEMENT COORDINATOR: Trina Lewison, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(19) COMPANY: Petroleum Wholesale, Inc.; DOCKET NUMBER: 2001-0251-MLM-E; IDENTIFIER: PST Facility Identification Number 00929; LOCATION: Seguin, Guadalupe County, Texas; TYPE OF FACILITY: truck stop with retail fuel sales; RULE VIOLATED: the Code, §26.121, by allowing the discharge of petroleum substances; the Code, §26.266(a), by failing to address the contamination of the stock pond; and 30 TAC §327.3(b) and §334.75(a), by failing to provide notification of the discharge; PENALTY: $28,800; ENFORCEMENT COORDINATOR: Malcolm Ferris, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(20) COMPANY: Hollis Rogers dba Rough Canyon Marina; DOCKET NUMBER: 2001-0567- PWS-E; IDENTIFIER: PWS Number 2330020 and CCN Number 12804; LOCATION: Del Rio, Val Verde County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §291.21(c)(7), §291.93(2)(A), and the Code, §13.136(a), by failing to ensure that its tariff includes an approved drought contingency plan; and 30 TAC §288.30(3)(B) and the Code, §13.132(a)(1), by failing to make its adopted drought contingency plan available for inspection; PENALTY: $125; ENFORCEMENT COORDINATOR: Tim Haase, (512) 239-6007; REGIONAL OFFICE: 1403 Seymour, Suite 2, Laredo, Texas 78040-8752, (956) 791-6611.

(21) COMPANY: S.I. Enterprises, LLC; DOCKET NUMBER: 2000-1354-MWD-E; IDENTIFIER: TPDES Permit Number 13316-001; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: warehouse; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 13316-001, and the Code, §26.121, by failing to comply with permit limits for total suspended solids (TSS); PENALTY: $1,200; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(22) COMPANY: Sherman Wire Company; DOCKET NUMBER: 2001-0416-MWD-E; IDENTIFIER: TPDES Permit Number 03582-000; LOCATION: Southmayd, Grayson County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 03582-000, and the Code, §26.121, by failing to comply with permit limits for oil and grease; PENALTY: $5,000; ENFORCEMENT COORDINATOR: Judy Fox, (817) 588-5800; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(23) COMPANY: Ray Smith dba Southern Protective Coatings; DOCKET NUMBER: 2001- 0002-AIR-E; IDENTIFIER: Air Account Number HG-4469-B; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: surface coating and abrasive cleaning; RULE VIOLATED: 30 TAC §101.4 and the Code, §382.085(a) and (b), by failing to prevent paint overspray from leaving his property; PENALTY: $6,250; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239- 5025; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(24) COMPANY: Texas Water Services, Incorporated; DOCKET NUMBER: 2001-0078-PWS- E; IDENTIFIER: PWS Number 1050028; LOCATION: Buda, Hays County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.44(c), by failing to meet minimum size requirements for water lines; 30 TAC §290.45(b)(1)(D)(i) - (iv), by failing to provide well capacity of at least 0.6 gallons per minute (gpm) per connection, provide a storage capacity of at least 200 gallons per connection, provide service pump capacity of two gpm per connection, and provide pressure tank capacity of 20 gallons per connection; 30 TAC §291.93(3), by failing to submit a planning report after the water system exceeded 85% of its capacity; 30 TAC §290.43(c)(2), (4), (5), and (8), by failing to provide roof openings at least 30 inches in diameter, install a water level indicator on the Goforth Estates ground storage tank, provide proper inlet and outlet connections, and maintain the ground storage tank; 30 TAC §290.41(c)(3)(K) and (Q), by failing to cover the well casing vent and cover an opening for the air release device with screen; and 30 TAC §290.46(p)(2), (now 30 TAC §290.46(m)(1)(B)), by failing to conduct a five-year internal tank inspection for a hydro-pneumatic tank; PENALTY: $8,876; ENFORCEMENT COORDINATOR: Larry King, (512) 339-2929; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-3939.

(25) COMPANY: Mr. Alarico Trevino dba Trevino and Sons Septic Tanks; DOCKET NUMBER: 2001-0418-OSI-E; IDENTIFIER: On-Site Sewage Facility (OSSF) Installer Certification Number 8066; LOCATION: Alice, Jim Wells County, Texas; TYPE OF FACILITY: on-site sewage; RULE VIOLATED: 30 TAC §§285.3, 285.5, and 285.20, and the Code, §366.053(a)(2), by failing to submit a complete application that demonstrates the OSSF complies with all design requirements; 30 TAC §285.58(a)(3) and the Code, §366.004 and §366.051(c), by failing to obtain proof of the necessary permitting authority's authorization; and 30 TAC §§285.32(a)(1)(B), 285.33(a)(1)(A) and (D), and 285.34(a), by failing to construct an OSSF compliant with TNRCC design criteria; PENALTY: $810; ENFORCEMENT COORDINATOR: Erika Fair, (512) 239-6673; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(26) COMPANY: City of Weinert; DOCKET NUMBER: 2000-1452-MWD-E; IDENTIFIER: TPDES Permit Number 11018-001; LOCATION: Weinert, Haskell County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 11018-001, and the Code, §26.121, by failing to comply with permitted limits for minimum dissolved oxygen, TSS, and BOD; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(27) COMPANY: Western Rim Investors, LLC; DOCKET NUMBER: 2001-0465-EAQ-E; IDENTIFIER: Edwards Aquifer Protection Program File Numbers 00031402 and 01040502; LOCATION: Round Rock, Williamson County, Texas; TYPE OF FACILITY: apartment complex; RULE VIOLATED: 30 TAC §213.4(a), by failing to obtain approval of an Edwards Aquifer protection plan; and 30 TAC §213.4(k), by failing to comply with special conditions of an approved water pollution abatement plan; PENALTY: $12,500; ENFORCEMENT COORDINATOR: Robert Mikesh, (512) 339-2929; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(28) COMPANY: Wise County Recycling, Inc.; DOCKET NUMBER: 2001-0042-MSW-E; IDENTIFIER: Unauthorized Site Number 455040124; LOCATION: Boyd, Wise County, Texas; TYPE OF FACILITY: processing and composting; RULE VIOLATED: 30 TAC §330.5, by allowing the unauthorized storage and processing of non-recyclable material; 30 TAC §332.3(a), by failing to obtain a permit for composting sorted materials; and 30 TAC §332.4(1) and (8), and the Code, §26.121, by failing to prevent the unauthorized discharge of shredded compost material placed on the ground; PENALTY: $8,750; ENFORCEMENT COORDINATOR: Wendy Cooper, (817) 588-5800; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(29) COMPANY: Young Materials Corp.; DOCKET NUMBER: 2001-0097-AIR-E; IDENTIFIER: Air Account Number 94-5436-C; LOCATION: Bryan, Brazos County, Texas; TYPE OF FACILITY: portable hot mix asphalt manufacturing; RULE VIOLATED: 30 TAC §116.110(a) and the Code, §382.0518(a) and §382.085(b), by failing to obtain a permit prior to constructing a portable hot mix asphalt plant or meet the conditions for a permit by rule; PENALTY: $1,200; ENFORCEMENT COORDINATOR: Susan Johnson, (512) 239-2555; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

TRD-200104918

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: August 21, 2001

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Agreed Order (AO) pursuant to Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AO, the commission shall allow the public an opportunity to submit written comments on the proposed AO. 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 October 1, 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 the proposed AO 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 AO 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 October 1, 2001 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the AO and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AO should be submitted to the TNRCC in writing .

(1) COMPANY: Robert D. Deaton dba Oak Hill Development West; DOCKET NUMBER: 2001-0164-PWS-E; TNRCC ID NUMBERS: 1840114; LOCATION: 3883 Fort Worth Highway, Weatherford, Parker County, Texas; TYPE OF FACILITY: public water supply; RULES VIOLATED: §290.46(e)(1)(A), by failing to provide a competent water works operator holding a valid Grade D or higher ground water operator's certification; §290.45(b)(1)(B)(iii), by failing to provide two or more service pumps with a minimum service capacity of 2.0 gallons per minute per connection; §290.43(c), by failing to provide a ground storage tank that prevents ponding at any point on the roof; §290.43(c)(3), by failing to provide a ground storage tank with a weighted flap valve that seats properly with a gap no more than 1/16 inch; §290.41(c)(3)(N), by failing to replace or repair the meter on the pump house discharge line; §290.46(v), by failing to install all electrical wiring in the pump house in securely mounted conduit in compliance with local or national electric codes; PENALTY: $2,938; STAFF ATTORNEY: Darren Ream, Litigation Division, MC R-4, (817) 588-5878; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-200104919

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: August 21, 2001

The Texas Natural Resource Conservation Commission (commission) will conduct public hearings to receive testimony concerning amendments to 30 TAC Chapter 114, Subchapter A and Subchapter C, concerning Control of Air Pollution from Motor Vehicles, and a revision to the state implementation plan (SIP) under the requirements of Texas Health and Safety Code, §382.017; Texas Government Code, Subchapter B, Chapter 2001; and 40 Code of Federal Regulations, §51.102, of the United States Environmental Protection Agency regulations concerning SIPs. Both subchapters will be submitted as a revision to the SIP.

The proposed amendments would revise rules related to the implementation of the state's Motor Vehicle Emission Inspection and Maintenance (I/M) program. The proposed rulemaking requires all vehicle emissions test stations in the Dallas/Fort Worth, extended Dallas/Fort Worth, and Houston/Galveston program areas, with the exception of low volume stations, to offer both acceleration simulation mode (ASM-2) testing and on-board diagnostics (OBD) testing to the public; defines the term low volume emissions test station; requires all vehicle emissions test stations in the El Paso program area to offer both two-speed idle (TSI) testing and OBD testing to the public; adjusts the administrative portion of the test fees remitted to the state; increases fees for the El Paso area should the county opt into the low- income vehicle repair assistance, retrofit, and accelerated vehicle retirement program; requires a test-on- resale component; incorporates the TSI and ASM-2 specifications into one equipment specification document with an amended date; provides for new equipment requirements and specifications regarding OBD equipment; deletes the section related to waivers and extensions; and creates a new section to establish an early participation incentive program.

The proposed SIP revisions clarify the new program elements such as applicability changes; state resources for the program; the new program performance standard; emissions testing network type; emissions testing; affected vehicle populations; strategies for quality control and quality assurance; data collection, analysis, and reporting; public information strategies; on-road vehicle emissions testing; and the implementation schedule. The proposed SIP excludes the Beaumont/Port Arthur ozone nonattainment area from the I/M program requirements.

The public hearings previously scheduled for this proposed rulemaking have been CANCELLED and rescheduled for the following times and locations: September 13, 2001, at 2:00 p.m., Houston City Council Chambers, 2nd Floor, 901 Bagby, Houston; September 13, 2001, at 7:00 p.m., Doubletree Hotel, 400 Dallas Street, Houston; September 17, 2001, at 2:00 p.m. and at 7:00 p.m., La Quinta Inn Arlington Conference Center, 825 N. Watson Road, Arlington; and September 17, 2001, at 7:00 p.m., City of El Paso Council Chambers, 2nd Floor, 2 Civic Center Plaza, El Paso. The only change for the September 13, 2001 hearings in Houston is a change in location for the 7:00 p.m. hearing.

The hearings are structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not occur during the hearings; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearings, and answer questions before and after the hearings.

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

Comments may be submitted to Joyce Spencer, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087; or by fax at (512) 239-4808. All comments must be received by 5:00 p.m. on September 17, 2001, although oral and written comments submitted at the September 17, 2001 hearings will be accepted. All comments should reference Rule Log No. 2001-035-114-AI. For further information, please contact Jill Burditt at (512) 239-0560. Copies of the proposed rules can be obtained from the commission's web site at www.tnrcc.state.tx.us/oprd/rules/propadop.html and SIP revisions can be obtained from the commission's web site at www.tnrcc.state.tx.us/oprd/sips/cover.html , or by calling Ms. Spencer at (512) 239-5017.

TRD-200104855

Ramon Dasch

Acting Division Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: August 20, 2001

The following notices were issued during the period of August 15, 2001 through August 17, 2001.

The following require the applicants to publish notice in the newspaper. The public comment period, requests for public meetings, or requests for a contested case hearing may be submitted to the Office of the Chief Clerk, Mail Code 105, P O Box 13087, Austin Texas 78711-3087, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.

AMERIPOL SYNPOL CORPORATION has applied for a renewal of TNRCC Permit No. 02487, which authorizes the discharge of steam condensate and storm water runoff essentially free from process wastewater contamination at a daily average dry weather flow not to exceed 200,000 gallons per day via Outfall 001. The applicant operates a synthetic rubber plant. The facility is located at 1215 Main Street, immediately east of the City of Port Neches, Jefferson County, Texas.

CALPINE CONSTRUCTION FINANCE COMPANY, L.P. which proposes to operate the Amelia Energy Center, a combined cycle electric power generation facility, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 04322, to authorize the discharge of cooling tower blowdown, low volume wastes, and storm water at a daily average flow not to exceed 1,330,000 gallons per day via Outfall 001. The facility is located approximately 2.5 miles northwest of the intersection of U.S. Highway 90 and State Highway 364, on Old Sour Lake Road, immediately west of the City of Beaumont, Jefferson County, Texas.

MARVIN POPE AND THE ESTATE OF JANOICE COBB has applied for a renewal of TPDES Permit No. 13366-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 105,000 gallons per day. The facility is located approximately 1,000 feet east of Farm-to-Market Road 17, 4.5 miles north of the intersection of State Highway 182 and Farm-to-Market 17 (City of Alba), between Mustang Bay and Little Mustang Bay of Lake Fork Reservoir in Wood County, Texas.

TA OPERATING CORPORATION DBA TRAVELCENTERS OF AMERICA has applied for a renewal of TPDES Permit No. 13505-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 30,000 gallons per day. The facility is located on the southwest corner of the intersection of Interstate Highway 40 and Farm-to-Market Road 1912 in Potter County, Texas.

VISION METALS, INC. has applied for a major amendment to TNRCC Permit No. 01237 to authorize the removal of Outfall 102 and to apply the limits from Outfall 102 to Outfall 002; to authorize the addition of storm water Outfalls 003, 004, and 005; to apply the effluent limitations and/or monitoring requirements found in the NPDES multi-sector storm water permit to all stormwater discharges from this facility; to authorize an increase in the daily maximum pH limit at Outfall 002 from 9.0 to 9.5 standard units; and to authorize the de-chlorination of effluent samples prior to performing toxicity testing. The current permit authorizes the discharge of storm water runoff commingled with recovered treated groundwater and treated sewage effluent on an intermittent and flow variable basis via Outfall 001, which will remain the same; the discharge of treated sewage effluent at a daily average flow not to exceed 10,000 gallons per day via Outfall 101, which will remain the same; the discharge of storm water runoff commingled with treated process wastewater, treated groundwater, and furnace condenser recycle wastewater on an intermittent and flow variable basis via Outfall 002; and the discharge of treated process wastewater and treated groundwater at a daily average flow not to exceed 215,000 gallons per day via Outfall 102. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing NPDES Permit No. TX0003026, issued on June 24, 1994 and TNRCC Permit No. 01237, issued on January 10, 1994. The applicant operates the Gulf States Tube Plant which manufactures steel pipe and tubes. The plant site is located adjacent to and on the west side of Scott Road at the Spur 529, approximately one mile north of the U.S. Highway 59/Kroesne Road intersection, and approximately three miles west of the City of Rosenberg, Fort Bend County, Texas.

TRD-200104933

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: August 21, 2001

On August 16, 2001, Rhythms Links, Inc. filed an application with the Public Utility Commission of Texas (PUC) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60204. Applicant intends to discontinue offering Digital Subscriber Line in Texas.

The Application: Application of Rhythms Links, Inc. to Discontinue Certain Services, Docket Number 24499.

Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326 no later than September 5, 2001. You may contact the PUC Customer Protection Division at (512) 936-7150. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24499.

TRD-200104921

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 21, 2001

On August 16, 2001, Southern Telcom Network, Inc. filed an application with the Public Utility Commission of Texas (PUC) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60459. Applicant intends to remove the resale-only restriction.

The Application: Application of Southern Telcom Network, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 24511.

Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326 no later than September 5, 2001. You may contact the PUC Customer Protection Division at (512) 936-7150. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24511.

TRD-200104922

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 21, 2001

On August 17, 2001, Pathway Com-Tel, Inc. filed an application with the Public Utility Commission of Texas (PUC) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60128. Applicant intends to expand its geographic area to include the area served by all incumbent local exchange companies throughout the state of Texas.

The Application: Application of Pathway Com-Tel, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 24516.

Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326 no later than September 5, 2001. You may contact the PUC Customer Protection Division at (512) 936-7150. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24516.

TRD-200104923

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 21, 2001

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application filed on August 10, 2001, for a certificate of convenience for a proposed transmission line in San Patricio and Live Oak Counties pursuant to P.U.C. Substantive Rule §25.101(c)(1)(C) and §§14.001, 37.051, 37.054, 37.056 and 37.057 of the Public Utility Regulatory Act, Texas Utilities Code Annotated (Vernon 1998 & Supplement 2001) (PURA). A summary of the application follows:

Docket Style and Number: Application of the South Texas Electric Cooperative (STEC) to Amend its Certificate of Convenience and Necessity for a Proposed Transmission Line in San Patricio and Live Oak Counties, Docket Number 24496.

The Application: Central Power and Light Company (CP&L) owns and operates a substation located at Mathis, Texas. In its application, STEC is requesting to interconnect the new transmission project at that substation. San Patricio Electric Cooperative serves distribution customers from STEC distribution substations. There are five project transmission routes that have been studied which will accomplish the intended result of minimizing the voltage collapse due to certain outages. Four of the routes are between 4.5 miles to 5.32 miles and these four alternatives have similar potential environmental impacts due to the close proximity of active and inactive gravel pit operations. The fifth route follows an active railroad, property lines along the railroad and property lines along cultivated fields. STEC asserts the environmental impact of this route will be minimal both on an area basis and on a distance basis. Pursuant to P.U.C. Substantive Rule §25.101(c)(4), the commission must render a decision approving or denying an application for a certificate within one year of the date of filing of a complete application for such certificate. However, if the application is uncontested, pursuant to P.U.C. Substantive Rule §25.101(c)(5)(C), the application shall be approved administratively within 80 days from the date of filing a complete application.

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

TRD-200104785

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 15, 2001

The staff of the Public Utility Commission of Texas will hold a workshop concerning the need for planning reserve margin requirements on Thursday, September 13, 2001, at 9:30 a.m. in the Commissioner's Hearing Room, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 24255, PUC Investigation of the Need for Planning Reserve Margin Requirements , was established for the purpose of investigating whether the adequacy of generating capacity reserve margins should be left to the market forces, or whether other means should be created to help ensure a minimum reserve margin and, if so, what means should be used. At the workshop, the staff of the commission will host a panel discussion of various policy issues relating to the implementation of reserve margin requirements. In addition, the PUC Commissioners will attend the workshop to ask questions and participate in the discussion. Five days prior to the workshop the commission will make available in Central Records under Project Numbers 24255 an agenda for the format of the workshop. Questions concerning the workshop or this notice should be referred to Richard Greffe, Market Oversight Division, (512) 936-7404. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200104924

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 21, 2001

Notice is given to the public of the filing with the Public Utility Commission of Texas, a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.215.

Docket Title and Number. Southwestern Bell Telephone Company's Application for Approval of LRIC Study for Service Call Complete Link Pursuant to P.U.C. Substantive Rule §26.215 on or about August 27, 2001, Docket Number 24517.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 24517. Written comments or recommendations should be filed no later than 45 days after the date of sufficiency and should be filed at the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200104941

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 21, 2001

On August 15, 2001, Southwestern Bell Telephone Company and Beeper Systems, 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 24508. The joint application and the underlying interconnection agreement is 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 24508. 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 September 14, 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 Public Utility Commission 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 24508.

TRD-200104940

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 21, 2001

On August 15, 2001, Southwestern Bell Telephone Company and NOS Communications, 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 24518. The joint application and the underlying interconnection agreement is 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 24518. 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 September 14, 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 Public Utility Commission 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 24518.

TRD-200104942

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 21, 2001

The State of Texas has submitted its redistricting plans for the Texas House of Representatives and for the Texas Senate that were adopted July 25, 2001, by the Legislative Redistricting Board, to the United States Department of Justice for its review under Section 5 of the Voting Rights Act, 42 USC §1973c. A complete duplicate copy of the submission is available for public review in the Office of the Secretary of State, Elections Division, 208 E. 10th Street, Suite 309, Austin, Texas 78701, (800) 252-8683. The information will be available from 8:00 a.m. to 5:00 p.m., Monday through Friday. In addition, the submission letters are posted on the Secretary of State's web page at www.sos.state.tx.us.

Any comments regarding the submission may be sent to:

Chief, Voting Section

Civil Rights Division

Department of Justice

P.O. Box 66128

Washington, DC 20035-6128

TRD-200104842

Ann McGeehan

Division Director, Elections

Office of the Secretary of State

Filed: August 20, 2001

In accordance with Title 43, Texas Administrative Code, §2.43, the Texas Department of Transportation is giving public notice of the availability of the Final Environmental Impact Statement (FEIS) for the proposed construction of the Loop 49 (West Section) roadway facility around the City of Tyler in Smith County, Texas. The public and interested organizations will have 30 days following the publication of this notice to submit comments.

The proposed project consist of the construction of a controlled access freeway facility from Interstate Highway 20 south to State Highway 155, a distance of approximately 16 miles. The proposed Loop 49 facility will consist of a four lane divided roadway with both freeway and parkway sections depending on the surrounding land use. To simplify the analysis of the route alternatives the study area was divided into north and south sections, with the division point just south of State Highway 64. Three alternatives in the north section and four alternatives in the south section, in addition to the no-build alternative, are presented in the FEIS for this project. All alternatives lie between Interstate 20 and State Highway 155 in a north-south direction, but differ in their proximity to the City of Tyler. Combined alternative C-North and A-South was identified as the Preferred Alternative. This combined alternative was rated as the best by representing the best balance between environmental impacts to the natural and human environment, construction and maintenance costs roadway engineering issues, traffic and access issues and input from the public. This combined alternative is the closest to the City of Tyler and is 15.86 miles long.

The proposed Loop 49 facility is intended to alleviate future traffic congestion on existing roadways in urbanized Smith County; to provide a safer, more convenient route for the travelling public through the Tyler Area; and to increase mobility and provide access (including improved emergency service access) to the western Tyler/Smith County area. The social, economic, and environmental impacts of the Loop 49 project have been analyzed in the FEIS.

Copies of the FEIS and other information about the project may be obtained at the Texas Department of Transportation Tyler District Office located at 2709 West Front Street, Tyler, Texas 75702. For further information please contact Joe R. Moore, at (903) 510-9295. Copies of the FEIS may also be reviewed at the University of Texas at Tyler Library, Tyler Junior College Library, the office of the Smith County Judge, the City of Tyler Public Library, the Tyler Metropolitan Planning Organization, East Texas Council of Governments, and the Tyler Metropolitan Chamber of Commerce.

TRD-200104964

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: August 22, 2001