Coastal Coordination Council
Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program
On January 10, 1997, the State of Texas received federal approval of the
Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under
federal law, federal agency activities and actions affecting the Texas coastal
zone must be consistent with the CMP goals and policies identified in 31 TAC
Chapter 501. As required by federal law, the public is given an opportunity
to comment on the consistency of proposed activities in the coastal zone undertaken
or authorized by federal agencies. Pursuant to 31 TAC §§506.25,
506.32, and 506.41, the public comment period for these activities extends
30 days from the date published on the Coastal Coordination Council web site.
Requests for federal consistency review were received for the following projects(s)
during the period of April 5, 2002, through April 11, 2002. The public comment
period for these projects will close at 5:00 p.m. on May 17, 2002.
FEDERAL AGENCY ACTIONS:
Applicant: United Oil & Minerals Limited; Location: The project is
located in State Tracts (ST) 138, 139, 140, 141, 154, and 155 in Aransas Bay,
Aransas County, Texas. The project can be located on the U.S.G.S. quadrangle
map entitled St. Charles Bay SW, Texas. Approximate UTM Coordinates: Zone
14; Easting: 701200; Northing: 3104050. Project Description: The applicant
proposes to drill Well #1 in ST 138 and install a well protector platform
in the event that production is made. Approximately 4,500 cubic yards of shell,
crushed rock or washed gravel fill would be used as a base for the proposed
drilling rig. The applicant also proposes to install a 4-inch pipeline from
the proposed Well #1 in ST 138 to an existing platform in ST 154 by crossing
portions of ST 139, 140, 141, and 155 for a distance of 10,779 feet. The pipeline
would be buried a minimum of 3 feet. Approximately 2, 395 cubic yards of material
would be displaced during the pipeline installation. According to information
from a survey provided by the applicant, no seagrasses, live oysters or shell
reefs were found within 550 feet of the proposed well location or within 500
feet of the proposed pipeline route. CCC Project No.: 02-0094-F1; Type of
Application: U.S.A.C.E. permit application #22641 is being evaluated under §10
of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404
of the Clean Water Act (33 U.S.C.A. §§125-1387). NOTE: The CMP consistency
review for this project may be conducted by the Railroad Commission of Texas
as part of its certification under §401 of the Clean Water Act
Applicant: Rodney Townsend; Location: The project is located in adjacent
waters of the Neches river, northwest of the foot of the Highway 87 Rainbow
Bridge crossing the Neches River, in Orange County, Texas. The project can
be located on the U.S.G.S. quadrangle map entitled Port Arthur North, Texas.
Approximate UTM Coordinates: Zone 15; Easting: 415156; Northing: 3317850.
Project Description: The applicant proposes to repair approximately 8,747
feet of levee by utilizing 10,521 cubic yards of excavated material within
the levee. The applicant also requests to replace 3 culverts with weir structures
and flap gates. Additionally, the applicant proposes to construct a levee
along 50 feet of open water on the southwest corner of the project to enclose
the structure. The levee will be 16-foot-wide and require 29.6 cubic yards
of material. The purpose of the project is to upgrade the property for waterfowl
hunting. CCC Project No.: 02-0097-F1; Type of Application: U.S.A.C.E. permit
application #22594 is being evaluated under §10 of the Rivers and Harbors
Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33
U.S.C.A. §§125-1387).
Applicant: Roger Quinn; Location: The project is located at a tidal tributary
of Cow Bayou at 2829 Garrison in Orange County, Texas. The project can be
located on the U.S.G.S. quadrangle map entitled Orangefield, Texas. Approximate
UTM Coordinates: Zone 15; Easting: 415800; Northing: 3328600. Project Description:
The applicant proposes to mechanically excavate approximately 1,618 cubic
yards of material from a tributary of Cow Bayou. The material will be placed
on an upland area on the property. The tributary runs 390 linear feet through
the property and is approximately 28 feet wide. The water depth is approximately
-2 feet mean low tide. The proposed excavation will increase the depth to
-6 feet mean low tide. The purpose of the project is to reduce flooding on
the property and clean out debris from the tributary. CCC Project No.: 02-0098-F1;
Type of Application: U.S.A.C.E. permit application #22638 is being evaluated
under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).
FEDERAL AGENCY ACTIVITIES:
Applicant: Mineral Management Service; Location: Western Gulf of Mexico;
Project Description: The applicant submitted a consistency determination for
the proposed Western Gulf of Mexico Lease Sale 184 (August 2002) for comments
and consideration with respect to the Texas Coastal Management Program. CCC
Project No.: 02-0096-F2; Applicant: National Marine Fisheries Service; Location:
Atlantic pelagic longline fishery; Project Description: The applicant submitted
a proposed rule to reduce sea turtle bycatch and bycatch mortality in highly
migratory species fisheries for comments and consideration with respect to
the Texas Coastal Management Program. CCC Project No.: 02-0103-F2; NOTE: The
CMP consistency review for this project may be conducted by the Texas Parks &
Wildlife Department.
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972
(16 U.S.C.A. §§1451-1464), as amended, interested parties are invited
to submit comments on whether a proposed action is or is not consistent with
the Texas Coastal Management Program goals and policies and whether the action
should be referred to the Coastal Coordination Council for review.
Further information for the applications listed above may be obtained from
Ms. Diane P. Garcia, Council Secretary, Coastal Coordination Council, 1700
North Congress Avenue, Room 617, Austin, Texas 78701-1495, or diane.garcia@glo.state.tx.us.
Comments should be sent to Ms. Garcia at the above address or by fax at 512/475-0680.
TRD-200202373
Larry Soward
Chief Clerk, General Land Office
Coastal Coordination Council
Filed: April 17, 2002
Notice of Modification for Request for Qualifications
Modification to Request for Qualifications for Independent Auditing Services
for the Texas Comptroller of Public Accounts
Request for Qualifications: Pursuant to Senate Bill 1458, 77th Texas Legislature
codified in Subchapter A, Chapter 111, Section 111.0045, Texas Tax Code, the
Comptroller of Public Accounts (Comptroller) issues this Modification of the
current Request for Qualifications (RFQ #137d) from qualified independent
persons or firms to perform certain tax audits. Modifications from the original
RFQ are marked in bold print. The Comptroller solicits a Statement of Qualifications
pursuant to Chapter 2254, Subchapter A, of the Texas Government Code from
persons or firms that are interested in contracting with the Comptroller to
perform audits that meet the requirements of Section 111.0045, the Texas Tax
Code, administrative rules adopted and procedures established by the Comptroller
under that statute, and other applicable law. The Comptroller has adopted
a rule governing contract auditors as codified at 34 TAC §3.3. Under
this RFQ, the Comptroller reserves the right to select and contract with one
or more persons or firms to conduct these audits on an as-needed basis. No
minimum amount of audits or compensation is guaranteed to any selected contract
auditor.
By this contract audit program, the Comptroller intends to increase the
number of audits of taxpayers. The Comptroller has implemented a program to
contract with interested persons and firms that meet the following minimum
qualifications and other reasonable qualifications established by the Comptroller
consistent with Section 111.0045, the Comptroller's administrative rules and
procedures and other applicable law.
The Comptroller will accept Statements of Qualifications in response to
this RFQ from firms and individuals that have the following minimum qualifications:
(i) a bachelor's degree from an accredited senior college or university
with a minimum of 24 hours of accounting, including six hours of intermediate
accounting and three hours of auditing, and
(ii) one year of experience in Texas tax auditing, accounting, or other
Texas tax services.
The Comptroller will select, in its sole discretion, those qualified contract
auditors to perform audits on an as-needed and as-assigned basis that the
Comptroller identifies as appropriate for inclusion in such contracts. At
the time of assignment, the Comptroller will provide selected contract auditors
with a preliminary audit package containing the identity and requisite information
for each taxpayer that will be audited under the contract. The contracts will
provide for a firm fixed price of $50,000 (or multiples thereof) payment to
the auditor upon successful completion of the assigned audits (final audit
package) and the Comptroller's written acceptance of the audit report and
other contract deliverables, including workpapers. Payment will be made in
accordance with the terms of the contract. Each such $50,000 contract will
require the auditor to perform and complete the audits, including the audit
reports, for a group of taxpayers that, based on historical audit completion
data, should require about 1066 person hours of work to complete. Auditors
will be paid for assigned work completed to date when 20% increments of the
audits assigned have been completed, submitted to Comptroller and accepted
by Comptroller as provided in the contract.
In performing assigned audits and for the contracted lump sum payments,
selected contract auditors will complete all work necessary to identify the
correct amount of tax that should have been reported by each taxpayer and
provide the Comptroller with the data and other information necessary to support
any assessment of tax or refund of tax that results from the audit report.
Selected contract auditors will also provide any time reports and other written
documentation required by the Comptroller. The Comptroller will not make any
payments in advance.
The maximum contract amount to any individual person or firm will not exceed
six (6) audit packages ($50,000.00 each). As a result, the maximum contract
amount for any such individual or firm shall not exceed $300,000.00.
Selected contract auditors must complete all work and submit all audit
reports, workpapers and other deliverables no later than required under the
terms of the proposed contract.
Selected contract auditors must meet professional conflict of interest
standards and other standards established by the Comptroller to ensure the
independence of each assigned audit.
Time is of the essence in implementation of this program. Respondents to
this RFQ must be available to begin accepting assignments no later than July
2002 upon completion of orientation or other timeline established by the Comptroller
for such implementation. The Comptroller anticipates awarding multiple master
contracts as a result of this RFQ and will not entertain negotiation of the
basic terms and conditions. All respondents will be offered the same master
contract terms and conditions. Respondents should not respond to this RFQ
if they cannot agree to the terms and conditions of the sample contract. Any
resulting contracts are non-exclusive and the Comptroller may issue additional
solicitations for the contracted services at any time. The Comptroller is
not obligated to assign any audits to recipients of master contract awards.
Questions; Proposed Contract; Proposed Rules: Questions concerning this
RFQ must be in writing and submitted via hand delivery or facsimile no later
than April 19, 2002, 2:00 pm, Central Zone Time (CZT) to Thomas H. Hill, Assistant
General Counsel, Contracts, General Counsel Division, Comptroller of Public
Accounts, 111 E. 17th St., ROOM G-24, Austin, Texas, 78774, telephone number:
(512) 305-8673, facsimile (512) 475-0973. The Comptroller's official response
to questions received by this deadline will be posted as an addendum to the
Texas Marketplace notice as soon as possible after receipt; the Comptroller
expects to post these official responses no later than April 26, 2002 CZT
or as soon thereafter as practicable. A copy of the sample master contract
and mandatory Execution of Statement of Qualifications Form are included as
addenda to the Texas Marketplace notice of issuance of this RFQ.
Closing Date: An original and ten (10) copies of each Statement of Qualifications
must be hand delivered to and received in the Office of the Assistant General
Counsel, Contracts at the address specified above no later than 2:00 p.m.
(CZT), on May 6, 2002. Statements of Qualifications received after this time
and date will not be considered. Respondents shall be solely responsible for
confirming the timely receipt of Statements of Qualifications.
Content: Statements of Qualifications must include all of the following
information in order to be considered:
1. Transmittal letter that (a) describes specific experience and qualifications
of both the firm and each individual in the conduct of state tax audits; and
(b) outlines the respondent's understanding of SB1458, the Texas Tax Code
and other related enabling legislation related to conduct of these audits
on an as needed basis;
2. Physical address of firm's or individual's business offices and each
local audit facility and primary contact person;
3. Vita for each individual who will be involved in the project;
4. A sample Audit Plan providing a listing of the audit procedures and
resources that will be utilized to conduct these audits on an as needed basis
if selected by the Comptroller. The Audit Plan should list or describe the
actual procedures to be used in sufficient detail so as to demonstrate an
understanding of internal control, record keeping, and taxpayer reporting
responsibilities for sales tax and the appropriate audit procedures necessary
for verification of correct amounts of tax.
5. Proposed sample Workplan (including Timeline, Tasks and Deliverables)
to implement each of the audits after assignment, including (a) methods for
deploying personnel and equipment to perform the audits timely and otherwise
in accordance with each contractual requirement; (b) methods for making personnel
available for orientation and examination; (c) date availability for each
of the personnel to perform assigned audits; (d) methods for conducting preliminary
(prior to receipt of taxpayer questionnaire) and final (after receipt of taxpayer
questionnaire) conflicts checks regarding actual or potential conflicts of
interest and notifying the Comptroller prior to accepting or beginning an
assignment.
6. Disclosures of any partners, associates, employees or individual practitioner
who have been employees of the Comptroller within the past twelve (12) months
prior to the date of submission of the Statement of Qualifications;
7. Statement of whether the respondent is a Historically Underutilized
Business (HUB) and willingness of the respondent to comply with the HUB requirements
of the contract;
8. Confirmation of understanding of and willingness to comply with the
policies, directives, rules, procedures and guidelines of the Comptroller
and other Standards of Performance established by the Comptroller for the
conduct of the assigned audits;
9. Confirmation of understanding of and willingness to adhere to all provisions
of the sample contract, including, without limitation, the proposed fee arrangements,
as posted on the Texas Marketplace; and
10. Completed and Signed Execution of Statement of Qualifications Form.
Mandatory Orientation Sessions: Respondents must attend, at their sole
cost and expense, mandatory orientation sessions to be conducted by the Comptroller
in Dallas and Houston during June 2002. Questions regarding these mandatory
sessions should be submitted prior to the deadline below for submission of
other written questions on this RFQ.
Evaluation and Award Procedure: All qualifying Statements of Qualifications
received by the deadline above will be evaluated based on qualifications,
experience, Workplan and agreement to the sample contract and fees. The Comptroller
will make the final selections in accordance with Chapter 2254, Subchapter
A, Texas Government Code in its sole discretion in the best interests of the
Comptroller and the State of Texas. Notice of contract awards will be published
in the Texas Marketplace as soon as possible after all contracts, if any,
resulting from this Statement of Qualifications, are fully executed.
Limitations: The Comptroller reserves the right to accept or reject any
or all Statements of Qualifications submitted in response to this RFQ. The
Comptroller is not obligated to execute any contract or contracts as a result
of issuing this RFQ. The Comptroller further reserves the right to issue additional
RFQs or other solicitations for the contracted or similar services at any
time as the Comptroller determines are necessary to ensure an adequate number
of auditors for any assigned audits under this program or any similar program.
The Comptroller shall pay no costs or any other amounts incurred by any entity
in responding to this RFQ. The Comptroller currently has sufficient numbers
of auditors in the Lubbock area consisting of Parmer, Lamb, Cottle, Dickens,
Lynn, Dawson, Castro, Hale, Cochran, King, Garza, Borden, Swisher, Floyd,
Hockley, Yoakum, Kent, Scurry, Bailey, Motley, Lubbock, Terry, Gaines, and
Fisher counties. Respondents living in these counties choosing to submit Statements
of Qualification would be eligible to perform audits in other areas but would
be required to travel at their own expense and without additional compensation.
Summary of Schedule: The anticipated schedule is as follows: Issuance of
RFQ, including sample contract, on Texas Marketplace-April 5, 2002, 2:00 p.m.
CZT; ; Questions -April 19, 2002, 2:00 p.m. CZT; Posting of Official Responses
to Questions-April 26, 2002, 2:00 p.m. CZT; Statements of Qualifications Due
-May 6, 2002, 2:00 p.m. CZT; Contract Execution -May 31, 2002, or as soon
thereafter as practical; Notice of Contract Awards posted on Texas Marketplace
June 5, 2002, or as soon thereafter as practical; Mandatory Orientation-Dallas/Houston,
June 2002; and Beginning of Audits-July 2002 upon completion of Mandatory
Orientation, or as soon thereafter as practicable.
TRD-200202369
Clay Harris
Assistant General Counsel Contracts
Comptroller of Public Accounts
Filed: April 17, 2002
Notice of Rate Ceilings
The Consumer Credit Commissioner of Texas has ascertained the following
rate ceilings by use of the formulas and methods described in 303.003, 303.009,
and 304.003, Tex. Fin. Code.
The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the
period of 04/22/02 - 04/28/02 is 18% for Consumer
1
/Agricultural/Commercial
2
/credit thru
$250,000.
The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the
period of 04/22/02 - 04/28/02 is 18% for Commercial over $250,000.
The judgment ceiling as prescribed by Sec. 304.003 for the period of 05/01/02
- 05/31/02 is 10% for Consumer/Agricultural/Commercial/credit thru $250,000.
The judgment ceiling as prescribed by Sec. 304.003 for the period of 05/01/02
- 05/31/02 is 10% for Commercial over $250,000.
1
Credit for personal, family or household
use.
2
Credit for business, commercial, investment
or other similar purpose.
TRD-200202342
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: April 16, 2002
Application(s) to Expand Field of Membership
Notice is given that the following applications have been filed with the
Credit Union Department and are under consideration:
An application was received from East Texas Professional Credit Union,
Longview, Texas to expand its field of membership. The proposal would permit
individuals who live or work in Smith County, Texas to be eligible for membership
in the credit union.
An application was received from Ward County Teachers Credit Union, Monahans,
Texas to expand its field of membership. The proposal would permit persons
who live, work or are located in Ward County, Texas and the area in Pecos
County, Texas that includes the Buena Vista Independent School District 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 or downloading the form at http://www.tcud.state.tx.us/applications.html.
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-200202344
Harold E. Feeney
Commissioner
Credit Union Department
Filed: April 16, 2002
Notice of Final Action Taken
In accordance with the provisions of 7 TAC Section 91.103, the Credit Union
Department provides notice of the final action taken on the following application(s):
Application(s) to Expand Field of Membership - Approved
Community Credit Union (7 applications), Plano, Texas -See
Texas Register
issue dated January 25, 2002.
The Educators Credit Union, Waco, Texas - See
Texas Register
issue dated January 25, 2002.
Members First Credit Union, Corpus Christi, Texas, (Nueces County) - See
Members First Credit Union, Corpus Christi, Texas, (Amended) Persons who
live or work in Cameron County, Texas.
San Antonio Teachers Credit Union, San Antonio, Texas - See
Texas Register
issue dated January 25, 2002.
Star One Credit Union, Sunnyvale, California (Sitel Corporation) - See
Telco Plus Credit Union, Longview, Texas - See
Texas Register
issue dated January 25, 2002.
TRD-200202345
Harold E. Feeney
Commissioner
Credit Union Department
Filed: April 16, 2002
Award Notice
The Texas Department of Criminal Justice publishes this notice of a contract
award to:
E.D Calvert, Calvert Paving Co., 5326 Bidy Bye Lane, Denton, Texas 76201.
Notice to Bidders for the Gainesville paving repair and drainage improvement
project (696-TY-2-B019) was published in the January 25, 2002 edition of the
TRD-200202298
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Filed: April 12, 2002
Solicitation: 696-FD-2-B023 (Waste Cleanup at Oyster Creek)
Reason for Cancellation: Scope of Work revised.
TRD-200202299
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Filed: April 12, 2002
The Texas Department of Criminal Justice invites bids for the construction
of Parking Lot and Roadway Improvements at Dayton, Texas. The project consists
of repair and roadway improvements of an existing staff vehicle parking lot,
a section of existing perimeter road and a section of an entrance road. The
work includes the paving of the parking lot, perimeter road, entrance road,
the installation of storm drainage pipe and the restoration by grading and
the re-vegetation of the disturbed grassed areas at the existing Hightower
Unit, Rt. 3 Box 9800, Dayton, Texas. The work includes civil, mechanical,
concrete and steel as further shown in the Contract Documents prepared by
O'Connell Robertson & Assoc., Inc.
The successful bidder will be required to meet the following requirements
and submit evidence within five days after receiving notice of intent to award
from the Owner:
A. Contractor must have a minimum of
5 (five)
consecutive years of experience as a General Contractor and provide references
for at least three projects that have been completed of a dollar value and
complexity equal to or greater than the proposed project.
B. Contractor must be bondable and insurable at the levels required.
C. Contractors are required to submit a HUB Subcontracting Plan as detailed
in Exhibit I. Failure to submit a completed HUB Subcontracting Plan will result
in the bid being rejected from further consideration.
All Bid Proposals must be accompanied by a Bid Deposit in the amount of
5% of greatest amount bid. Performance and Payment Bonds in the amount of
100% of the contract amount will be required upon award of a contract. The
Owner reserves the right to reject any or all bids, and to waive any informality
or irregularity.
Bid Documents can be purchased from the Architect/Engineer at a cost of
O'Connell Robertson & Assoc., Inc.
Attn: Noel Robertson
811 Barton Springs Road, Suite 900
Austin, Texas 78704
Phone: 512 478-7286; Fax: 512 478-7441
A Pre-Bid conference will be held at
10:30 a.m.
on
May 15, 2002
at the Hightower Unit,
Dayton, Texas, followed by a site-visit.
ONLY ONE SCHEDULED
SITE VISIT WILL BE HELD FOR REASONS OF SECURITY AND PUBLIC SAFETY; THEREFORE,
BIDDERS ARE STRONGLY ENCOURAGED TO ATTEND.
Bids will be publicly opened and read at
2:00 p.m.
on
May 29, 2002
, in the Contracts and
Procurement Conference Room located in the West Hill Mall, Suite 525, Two
Financial Plaza, Huntsville, Texas.
The Texas Department of Criminal Justice requires the Contractor to make
a good faith effort to include Historically Underutilized Businesses (HUB's)
in at least
11.9%
of the total value of this
construction contract award. Attention is called to the fact that not less
than the minimum wage rates prescribed in the Special Conditions must be paid
on these projects.
TRD-200202368
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Filed: April 17, 2002
Request for Quotes
MINIMUM SPECIFICATIONS:
The Deep East Texas Local Workforce Development Board, Inc. (Board) is
seeking a qualified person or group of persons to facilitate a one-day session
with Board members, executive staff, and other parties the Board may include,
to revise the Board's 2001-2004 strategic goals, strategies, and outcomes
with a strong emphasis on implementing a business-driven system and continuous
improvement to coordinate with the goals of the Texas Council on Workforce
and Economic Competitiveness and comply with Texas SB 642 and HB 1863; the
Workforce Investment Act; Texas state plans for workforce programs, and the
Board's contract with the Texas Workforce Commission. The Board staff will
be responsible for meeting logistics.
The Board was organized in October 1996 under Texas SB 642 and HB 1863
to plan and oversee an integrated workforce system in the Deep East Texas
Workforce Development Area (WDA). The WDA is a 12-county, rural area. All
12 counties are represented on the Board. Workforce programs under the Board's
purview are the Workforce Investment Act, TANF/Choices, Welfare-to-Work, Food
Stamp Employment and Training, and subsidized child care. The local system
includes all partners required by Texas legislation among others. Additional
information on the Board can be accessed at the Board's website www.detwork.org.
Qualified persons will have extensive experience in strategic planning
for non-profit/public organizations and, in particular, workforce boards;
and will be knowledgeable of the Texas Workforce Network and Federal and Texas
workforce legislation.
Interested parties must submit the following minimum information:
Professional qualifications, including past experience
Three recent (last three years) references
Proposed approach and format
Potentially available dates in September, October, and November 2002
Requirements (e.g., space, equipment, information to be provided by Board
or Board staff)
Proposed cost, including travel
The minimum information must be received in our office no later than 5:00
PM, CST, Wednesday, May 8, 2002, to:
Chris Gaston
1318 S. John Redditt Drive, Suite C
Lufkin, TX 75904
Phone: 936-639-8898
Fax: 936-639-7491
Email: chris.gaston@twc.state.tx.us
Offers may be submitted by U.S. mail or other courier, fax, or email. The
anticipated date for selection is May 14, 2002. The selected person(s) will
be provided with the Board's strategic goals, progress, plan, performance
information, contracts, or other information needed to develop the local presentation.
Equal Opportunity Employer/Programs
TRD-200202363
Charlene Meadows
Executive Director
Deep East Texas Local Workforce Development Board
Filed: April 17, 2002
Request for Applications Concerning Adult Education and Literacy
Eligible Applicants. The Texas Education Agency (TEA) is requesting applications
under Request for Applications (RFA) #701-02-017 from eligible providers of
adult education and literacy services. Under the Workforce Investment Act
of 1998 (Public Law 105-220), Title II, Adult Education and Literacy, §203(5),
eligible providers are: local educational agencies; community-based organizations
of demonstrated effectiveness; volunteer literacy organizations of demonstrated
effectiveness; institutions of higher education; public or private nonprofit
agencies; libraries; public housing authorities; nonprofit institutions not
described previously that have the ability to provide literacy services to
adults and families; and a consortium of the agencies, organizations, institutions,
libraries, or authorities described previously. Under state law (Texas Education
Code, §29.252), eligible providers of adult education and literacy services
are: public school districts; education service centers; public junior colleges;
public universities; public nonprofit agencies; and community-based organizations
approved in accordance with state statutes and with rules adopted by the State
Board of Education (SBOE). For-profit entities are not eligible providers.
The Texas State Plan for Adult Education and Family Literacy and SBOE rules
(19 TAC Chapter 89, §89.21(6)) require that applicants have at least
one year of experience in providing the adult education and literacy services
proposed in the application. Applicants that are not public education entities
must submit indicators of financial stability with the application to TEA.
All nonprofit organizations, including public charter schools, are required
to submit proof of nonprofit status.
All applications for state and federal adult education programs are to
be submitted on TEA Standard Application System forms (SAS A-331) which are
provided in the RFA. Conditions for submittal of applications and funding
are contained in the RFA.
Description. The overall purpose of the federal adult education program
is to assist adults to become literate and obtain the knowledge and skills
necessary for employment and self-sufficiency; assist adults who are parents
to obtain the educational skills necessary to become full partners in the
educational development of their children; and assist adults in the completion
of their secondary school education. The adult education program in Texas
provides literacy, English language proficiency for limited English proficient
adults, basic academic and functional context skills, and secondary level
proficiencies for out-of-school youth and adults who are beyond the age of
compulsory school attendance and who function below a secondary completion
level.
Eligible applicants apply directly to TEA for state and federal funds to
provide adult education and literacy services. Eligible providers are encouraged
to maximize the fiscal resources available for service to undereducated adults
and avoid unproductive duplication of services and excessive administrative
costs by forming consortia or cooperatives and using fiscal agents as authorized
by federal regulations and SBOE rules.
Successful applicants must agree to submit individual student data in TEA’s
adult education management information system, ACES; implement the adult education
assessment system as described in the RFA; and report expenditures as described
in the RFA.
A teleconference to provide information to potential applicants for adult
education funds will be held via the Texas Educational Telecommunications
System (TETN) on Wednesday, May 1, 2002, from 9 a.m. until 12:45 p.m. Any
individual wishing to participate in the teleconference can attend at the
closest education service center (ESC) facility. Information related to the
20 ESCs may be found at http://www.tea.state.tx.us./ESC/. Information on registering
for the workshop may be obtained by calling (512) 463-9294. Workshop participants
must register for the teleconference no later than 5:00 p.m. on Monday, April
29, 2002. A videocassette of the teleconference will be made available at
no cost upon request to potential applicants who are not able to attend the
TETN teleconference. To ensure that each potential applicant is provided with
the same information, all potential applicants are strongly encouraged either
to attend the TETN teleconference or to request the videotape of the teleconference.
TEA assumes no liability for potential applicants who do not either attend
the TETN teleconference or request the videotape of the conference.
Dates of Project. The Adult Education Program will be implemented during
fiscal year 2002-2003. Applicants should plan for a starting date of no earlier
than July 1, 2002, and an ending date of no later than August 31, 2003.
Project Amount. Eligible providers may compete for federal and state adult
education funds allocated to each school district region to provide services
to: a school district region, a portion of a school district region (based
on the numbers of undereducated adults to be served), multiple school district
regions, a county, a portion of a county, or multiple counties to serve adults
from that geographic area. This project is funded 79.3% from federal funds
($33,231,759) and 20.7% from nonfederal sources ($6,885,700).
Selection Criteria. Awards will be considered on the basis of total points
awarded. Criteria for awarding points are contained in the RFA. Applicants
must achieve an overall score of 70 and address all requirements satisfactorily
in order to be considered for funding. In the review process, special emphasis
will be placed on ensuring that applicants place priority on recruiting and
serving educationally disadvantaged adults, especially those who are most
in need of literacy services, including low-income adults and those with minimal
literacy skills.
TEA is not obligated to approve an application, provide funds, or endorse
any application submitted in response to the RFA. The RFA does not commit
TEA to pay any costs before an application is approved. The issuance of the
RFA does not obligate TEA to award a grant or pay any costs incurred in preparing
a response.
Requesting the Application. A complete copy of RFA #701-02-017 may be obtained
by writing the Document Control Center, Room 6-108, Texas Education Agency,
William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701;
by calling (512) 463-9304; by faxing the request to (512) 463-9811; or by
e-mailing dcc@tea.state.tx.us. Please refer to the RFA number and title in
your request. Provide your name, complete mailing address, and telephone number
including area code. The RFA will also be posted on the TEA website at http://www.tea.state.tx.us/grant/announcements/grants2/cgi
for viewing and downloading.
Further Information. For clarifying information about the RFA, contact
Mr. Juan Perez, Division of Adult and Community Education, TEA, (512) 463-9294.
Deadline for Receipt of Applications. Applications must be received in
the Document Control Center of the TEA by 5:00 p.m. (Central Time), Tuesday,
June 4, 2002, to be considered for funding.
TRD-200202374
Cristina De La Fuente-Valadez
Manager, Policy Planning
Texas Education Agency
Filed: April 17, 2002
The Texas Education Agency (TEA) published Standard Application System
(SAS) #A540 concerning public charter schools in the March 29, 2002, issue
of the
Texas Register
(27 TexReg 2581). The
TEA is amending the
Texas Register
notice
as follows:
(1) The TEA is amending the Project Amount paragraph to read, "Funding
will be provided for the charter schools that have had three years of successful
operation and that meet the eligibility criteria. Not more than two grants
will be awarded in an amount not to exceed $400,000 each for two years for
activities (f) through (g) as previously listed. It is anticipated that 8
to 10 grants will be awarded not to exceed $40,000 for each year for activities
(a) through (e). Any applicant submitting a budget in the amount of $40, 001
to $349,999 will not be accepted or considered for funding. Applicants awarded
dissemination grants for the 1999-2000 school year and the 2001-2002 school
year are eligible for one additional year of funding. Project funding in any
subsequent year will be based on satisfactory progress of the first-year objectives
and activities and on general budget approval by the SBOE and the commissioner
of education and grant award and appropriations by the U.S. Congress. This
project is funded 100% from the Public Charter Schools federal funds. It is
estimated that approximately 12 dissemination grants will be awarded."
(2) The TEA is amending the Dates of Project paragraph to read, "The federal
Public Charter Schools Dissemination Grant Program will be implemented between
June 1, 2002, and June 14, 2004. Applicants should plan for a starting date
of no earlier than June 1, 2002, and an ending date of no later than June
14, 2004." This amendment reflects a change in the implementation date and
the starting date from June 15, 2002, to June 1, 2002, and a change in the
ending date from June 15, 2004, to June 14, 2004.
Further Information. For clarifying information about the SAS, contact
Esther Murguia, Division of Charter Schools, TEA, (512) 463-9575.
TRD-200202375
Cristina De La-Fuente Valadez
Manager, Policy Planning
Texas Education Agency
Filed: April 17, 2002
Request for Grant Applications (RFA) for Drug Courts
The Criminal Justice Division (CJD) of the Governor's Office announces
the availability of grants for eligible drug court programs.
Purpose: The purpose of the funding is to support drug court programs as
defined in Section 469.001, Texas Health and Safety Code, which include the
following essential characteristics: (1) The integration of alcohol and other
drug treatment services in the processing of cases in the judicial system;
(2) The use of a non-adversarial approach involving prosecutors and defense
attorneys to promote public safety and to protect the due process rights of
program participants; (3) Early identification and prompt placement of eligible
participants in the program; (4) Access to a continuum of alcohol, drug, and
other related treatment and rehabilitative services; (5) Monitoring of abstinence
through weekly alcohol and other drug testing; (6) A coordinated strategy
to govern program responses to participant's compliance; (7) Ongoing judicial
interaction with program participants; (8) Monitoring and evaluation of program
goals and effectiveness; (9) Continuing interdisciplinary education to promote
effective program planning, implementation, and operations; and, (10) Development
of partnerships with public agencies and community organizations.
Available Funding: State funding is authorized for these projects from
amounts appropriated from the State of Texas General Revenue Fund. Total funding
available for fiscal year 2003 under this RFA is $750,000. Based on the potential
number of eligible applicants, funding requests may be made for up to $107,143.
Applicants will be notified if additional funding is available after all applications
are reviewed by CJD.
Standards: Grantees must comply with the applicable standards adopted under
Title 1, Part 1, Chapter 3, Texas Administrative Code, as well as meet the
applicable requirements established in the 2002-2003 Biennium General Appropriations
Act.
Prohibitions: Grantees may not use grant funds or program income for proselytizing
or sectarian worship, or to supplant federal, state, or local funds.
Eligible Applicants: Eligible applicants are counties that meet the following
criteria: (1) Pursuant to Section 469.006, Health and Safety Code, a county
with a population of 550,000 is eligible if, prior to September 1, 2001, the
county had established a drug court program; or, (2) The county commissioner's
court established a drug court on or after September 1, 2001 and has applied
to the U.S. Department of Justice, Drug Courts Program Office for drug court
funding. (3) Funding can be made for enhancement of an existing drug court
or existing drug court operations. (4) If the funding is for existing drug
court operations and/or the applicant applies for federal and state funding,
the applicant must ensure that grant funds will not be used to supplant federal,
state, or local funds.
Project Period: Grant-funded projects must begin on or after October 1,
2002 and will expire on or before September 30, 2003.
Application Process: Interested parties should request an application from
the Office of the Governor, Criminal Justice Division, P. O. Box 12428, Austin,
TX 78711, telephone (512) 475-4461, or visit the CJD web page on the Governor's
Office website at http://www.governor.state.tx.us.
Preferences: Preference will be based on eligibility.
Closing Date for Receipt of Applications: Applications must postmarked
or be received at CJD by June 1, 2002. Mail applications to Grants Administration,
Criminal Justice Division, Office of the Governor, Post Office Box 12428,
Austin, TX 78711. Applications may be mailed overnight to 1100 San Jacinto,
Austin, TX 78701.
Selection Process: Completed applications will be reviewed by CJD staff
and awarded based on eligibility and available funding. The executive director
of CJD will make all final funding decisions.
Contact Person: If additional information is needed contact Dan Glotzer
at (512) 463-1919.
TRD-200202371
David Zimmerman
Assistant General Counsel
Office of the Governor
Filed: April 17, 2002
Licensing Actions for Radioactive Materials
[graphic]
[graphic]
[graphic]
[graphic]
TRD-200202362
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: April 17, 2002
Pursuant to 25 Texas Administrative Code, §289.205, the Bureau of
Radiation Control (bureau), Texas Department of Health (department), filed
a complaint against the following registrant: R. B. Russell, D.D.S., Dallas,
R17997.
The department intends to revoke the certificate of registration; order
the registrant to cease and desist use of such radiation machine(s); order
the registrant to divest himself of such equipment; and order the registrant
to present evidence satisfactory to the bureau that he has complied with the
orders and the provisions of the Texas Health and Safety Code, Chapter 401.
If the items in the complaint are corrected within 30 days of the date of
the complaint, the department will not issue an order.
This notice affords the opportunity to the registrant for a hearing to
show cause why the certificate of registration should not be revoked. A written
request for a hearing must be received by the bureau within 30 days from the
date of service of the complaint to be valid. Such written request must be
filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director,
Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189.
Should no request for a public hearing be timely filed or if the items in
the complaint are not corrected, the certificate of registration will be revoked
at the end of the 30-day period of notice.
A copy of all relevant material is available for public inspection at the
Bureau of Radiation Control, Texas Department of Health, Exchange Building,
8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200202237
Susan Steeg
General Counsel
Texas Department of Health
Filed: April 11, 2002
Pursuant to 25 Texas Administrative Code, §289.205, the Bureau of
Radiation Control (bureau), Texas Department of Health (department), filed
complaints against the following registrants: Robert J. Dennington, D.D.S.
M.S.D., Inc., Plano, R05565; Robert M. Primo, D.D.S., Houston, R15446; Highpoint
Dental, Inc., Dallas, R16323; Gary Job Corps Center, San Marcos, R20644; Riverside
General Hospital, Houston, R01757; Bay Area Rehabilitation Center, Corpus
Christi, R21467; Columbia Medical Center Las Colinas, Inc., Irving, R23561;
L-Five, Inc., Garland, R21385; SOHS Ltd, Houston, R25788; Healthquest Chiropractic &
Wellness Center PC, Flower Mound, R25140; Laser Technetics, Houston, Z01336;
Nicolet Imaging Systems, San Diego, California, R14450; Pennzoil Quaker State
Company, Houston, R07640; Valley Veterinary Hospital, Edinburg, R01150; Columbia
Medical Center of Plano, Plano, Z00295; The Medical Group of Texas, P.A.,
Fort Worth, Z00953.
The complaints allege that these registrants have failed to pay required
annual fees. The department intends to revoke the certificates of registration;
order the registrants to cease and desist use of radiation machine(s); order
the registrants to divest themselves of such equipment; and order the registrants
to present evidence satisfactory to the bureau that they have complied with
the orders and the provisions of the Texas Health and Safety Code, Chapter
401. If the fee is paid within 30 days of the date of each complaint, the
department will not issue an order.
This notice affords the opportunity to the registrants for a hearing to
show cause why the certificates of registration should not be revoked. A written
request for a hearing must be received by the bureau within 30 days from the
date of service of the complaint to be valid. Such written request must be
filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director,
Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189.
Should no request for a public hearing be timely filed or if the fee is not
paid, the certificates of registration will be revoked at the end of the 30-day
period of notice.
A copy of all relevant material is available for public inspection at the
Bureau of Radiation Control, Texas Department of Health, Exchange Building,
8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200202235
Susan Steeg
General Counsel
Texas Department of Health
Filed: April 11, 2002
Pursuant to 25 Texas Administrative Code, §289.205, the Bureau of
Radiation Control (bureau), Texas Department of Health (department), filed
complaints against the following licensees: Warrington, Incorporated, Austin,
L03074; Baker Oil Tools, Houston, L03272; Columbia Medical Center Las Colinas,
Irving, L05084; Memorial Village Surgery Center, Houston, L05272.
The complaints allege that these licensees have failed to pay required
annual fees. The department intends to revoke the radioactive material licenses;
order the licensees to cease and desist use of such radioactive materials;
order the licensees to divest themselves of the radioactive material; and
order the licensees to present evidence satisfactory to the bureau that they
have complied with the orders and the provisions of the Texas Health and Safety
Code, Chapter 401. If the fee is paid within 30 days of the date of each complaint,
the department will not issue an order.
This notice affords the opportunity to the licensees for a hearing to show
cause why the radioactive material licenses should not be revoked. A written
request for a hearing must be received by the bureau within 30 days from the
date of service of the complaint to be valid. Such written request must be
filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director,
Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189.
Should no request for a public hearing be timely filed or if the fee is not
paid, the radioactive material licenses will be revoked at the end of the
30-day period of notice.
A copy of all relevant material is available for public inspection at the
Bureau of Radiation Control, Texas Department of Health, Exchange Building,
8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200202238
Susan Steeg
General Counsel
Texas Department of Health
Filed: April 11, 2002
Notice is hereby given that the Bureau of Radiation Control (bureau), Texas
Department of Health (department), issued a notice of violation and proposal
to assess an administrative penalty to Gilbert Texas Construction, L.P. (licensee-L04569)
of Fort Worth. A total penalty of $6,000 is proposed to be assessed to the
licensee for alleged violations of radioactive materials license conditions
and 25 Texas Administrative Code, §§289.252 and 289.202.
A copy of all relevant material is available for public inspection at the
Bureau of Radiation Control, Texas Department of Health, Exchange Building,
8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200202239
Susan Steeg
General Counsel
Texas Department of Health
Filed: April 11, 2002
The Texas Department of Health, having duly filed complaints pursuant to
25 Texas Administrative Code, §289.205, has revoked the following certificate
of registration: Jerry Watkins, R.T., doing business as Cornerstone Mobile
X-Ray, Wichita Falls, R26203, March 27, 2002.
A copy of all relevant material is available for public inspection at the
Bureau of Radiation Control, Texas Department of Health, Exchange Building,
8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200202236
Susan Steeg
General Counsel
Texas Department of Health
Filed: April 11, 2002
Notice of Public Hearing
The Texas Department of Housing and Community Affairs (TDHCA) announces
that a public hearing will be held to receive comments on its draft PY 2003
Low-Income Energy Efficiency Plan funded by the System Benefit Fund.
The public hearing will be held at 2:00 p.m. on Thursday, May 9, 2002,
in Room 1-100 of the Travis Building, 1701 North Congress Avenue, Austin,
Texas. At the hearing, a representative from TDHCA will provide descriptions
of the TDHCA Low-Income Energy Efficiency Plan energy efficiency programs
and the intended use of the PY 2003 funds.
The System Benefit Fund (SBF) was established as part of Senate Bill 7,
which restructured the electrical industry. The purpose of the SBF is to provide
special assistance to low-income residential electric customers in paying
their energy bills by providing a discount (approximately 10% discount) and
reducing their energy consumption through weatherization; to offset lost revenue
for school districts from the devaluation of electric generating plants; and
to educate the public on "customer choice" in the restructuring of electric
utilities. Measures established in the bill to assist low-income residential
consumers include energy efficiency programs to be administered by the TDHCA
in coordination with existing weatherization programs. The targeted energy
efficiency programs would serve low-income electric customers not served by
municipally owned utilities or electrical cooperatives that have not adopted
customer choice. The SBF is to be funded through a non-bypassable fee and
will be administered by the Public Utility Commission (PUC).
The Public Utility Commission released rules for SBF energy efficiency
programs to allow broad latitude for program structure as long as the goal
of increasing the low income consumer’s energy efficiency is achieved.
The plan will provide information regarding the proposed activities of the
program implementation for the program year 2003. The Department plans to
continue administering the SBF energy efficiency programs through the Weatherization
Assistance Program (WAP) subgrantees, which will continue to coordinate the
programs with WAP. TDHCA plans to continue operating three targeted energy
efficiency programs and one pilot program. The programs consist of the Piggyback
Weatherization Assistance Program, the Energy Efficient Refrigerator Program,
the Compact Fluorescent Light and Water Saver Program, and the Passive Solar
Water Pre-Heater Pilot Project.
Local officials and citizens are encouraged to participate in the hearing
process. Written and oral comments received will be used to finalize the TDHCA
PY 2003 Low-Income Energy Efficiency Plan. Written comments from those who
cannot attend the hearing in person may be provided by the close of business
at 5:00 p.m. on Thursday, May 16, 2002, to Ms. Lolly Caballero, Senior Planner,
Energy Assistance Section, Texas Department of Housing and Community Affairs,
507 Sabine, Suite 600, Austin, Texas 78701 or by electronic mail to lcaballe@tdhca.state.tx.us
or by fax to (512) 475-3935. A copy of the proposed state plan may be requested
by calling Ms. Caballero at (512) 475-0471 or by writing Ms. Caballero at
the TDHCA address given above. The proposed draft plan will be available May
2, 2002.
Individuals who require auxiliary aids or services for this meeting should
contact Ms. Gina Esteves, ADA responsible employee, at (512) 475-3943 or Relay
Texas at 1-800-735-2989 at least two days before the meeting so that appropriate
arrangements can be made.
TRD-200202397
Edwina P. Carrington
Executive Director
Texas Department of Housing and Community Affairs
Filed: April 17, 2002
Public Hearing
The Texas Department of Human Services (DHS) will conduct a public hearing
to receive comments on the method in which the agency counts child support
in the Temporary Assistance for Needy Families-State Program (TANF-SP). The
public hearing will be held on May 22, 2002, at 10:00 a.m. in the Public Hearing
Room at DHS, Winters Building, 701 W. 51st Street, Austin, Texas.
In addition, comments may be submitted during the public comment period,
which begins April 26, 2002, and ends May 22, 2002. Comments must be submitted
in writing to Texas Department of Human Services, Eric McDaniel, Mail Code
W-312, P.O. Box 149030, Austin, Texas 78714-9030. Comments may also be submitted
electronically to eric.mcdaniel@dhs.state.tx.us. For additional information,
contact Eric McDaniel at (512) 438-2909.
Individuals who require auxiliary aids or services for this hearing should
contact Eric McDaniel at (512) 438-2909 by May 13, 2002, so that appropriate
arrangements can be made.
TRD-200202361
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Filed: April 17, 2002
Request for Proposals
Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Health
and Human Services Commission (HHSC) announces this Request for Proposals
(RFP) for provision of consulting services to HHSC. The mission of HHSC in
this RFP is to achieve substantial, measurable, and sustainable savings in
the cost of operating equipment necessary or convenient to the operation of
Texas health and human services (HHS) agencies. HHSC intends to accomplish
this mission by contracting with one or more qualified entities that will
assist HHSC and HHS agencies to generate cost savings associated with equipment
maintenance; increase agency productivity and efficiency by reducing equipment
downtime; and maximize the long-term investment of state and federal funds
in equipment obtained for the use of HHS agencies.
This RFP is issued to invite potential contractors to submit proposals
to: accurately assess HHS agencies' current equipment maintenance costs and
needs; identify best practices that will minimize waste in delivery of equipment
maintenance services, generate immediate and long-term savings associated
with improvement in equipment maintenance, increase productivity and efficiency
of agency personnel and operations, maximize the long-term investment of funds
by reducing the total cost of equipment purchases; ensure continuous improvement
of quality, cost-efficiency, and customer satisfaction in equipment maintenance
services; assist HHSC and HHS agencies to identify qualified service providers
to implement equipment maintenance best practices on a demonstration basis;
and assume responsibility for achieving specific, measurable results that
achieve HHSC's mission in this RFP.
The successful respondent(s), if any, will be expected to begin performance
of the contract on or about June 1, 2002. The term of the services agreement(s),
if any, resulting from this RFP will consist of a six-month assessment period,
followed by the initial one-year pilot period. HHSC will have the option to
renew annually for up to five additional years.
The RFP will be available on the HHSC website: http://www.hhsc.state.tx.us,
under the "Announcements" link, http://www.hhsc.state.tx.us/news/announce.html,
after 5:00 p.m. Central Time, April 19, 2002, or as soon thereafter as possible.
Parties interested in submitting a proposal should contact Donna Sheppard,
Health and Human Services Commission, 4900 North Lamar, 3rd Floor, Austin,
Texas, 78751, telephone number: (512) 424-6635, fax number: (512) 424-6641,
regarding the request. HHSC will provide printed copies of the RFP or further
information concerning the RFP only to those specifically requesting it. All
questions must be received in writing at the above address by 3:00 p.m., Central
Time, on May 3, 2002. Respondents are solely responsible for confirming the
timely receipt of their questions.
Deadline for Proposals: To be considered, all proposals must be received
at the foregoing address in the issuing office on or before 3:00 p.m., Central
Time, on May 17, 2002. Proposals received after this time and date will not
be considered. Respondents are solely responsible for confirming the timely
receipt of their proposals.
Evaluation and Award Procedure: All proposals will be subject to evaluation
based on the evaluation criteria and procedures set forth in the RFP. HHSC
reserves the right to accept or reject any or all proposals submitted; to
award one or more contracts to qualified respondents; to waive minor technicalities
and to make award(s) in the best interest of the State. HHSC is under no legal
or other obligation to execute any contracts on the basis of this notice.
HHSC shall pay for no costs incurred by any entity in responding to this RFP.
Non-Mandatory Pre-Proposal Conference: A pre-proposal conference will be
held in Austin, Texas, on or about May 1, 2002. The exact time and place will
be posted to the HHSC website. Attendance at the pre-proposal conference is
not a requirement for submitting a proposal.
The anticipated schedule of events is as follows: Issuance of RFP - April
19, 2002; Non-Mandatory Pre-Proposal Conference - May 1, 2002; Deadline for
submitting questions concerning the RFP - May 3, 2002; Deadline for Proposals
- 3:00 p.m., May 17, 2002; Contract Execution - May 31, 2002, or as soon thereafter
as practical; Commencement of Project Activities - June 1, 2002.
TRD-200202379
Marina Henderson
Executive Deputy Commissioner
Texas Health and Human Services Commission
Filed: April 17, 2002
Company Licensing
Application to change the name of THE TRAVELERS INDEMNITY COMPANY OF MISSOURI
to TRAVELERS COMMERCIAL CASUALTY COMPANY, a foreign Fire and/or Casualty Company.
The home office is in Hartford, Connecticut.
Any objections must be filed with the Texas Department of Insurance, addressed
to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin,
Texas 78701.
TRD-200202352
Lynda H. Nesenholtz
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: April 16, 2002
The Commissioner of Insurance, or his designee, will consider approval
of a rate filing request submitted by Trinity Universal Insurance Company
of Kansas, Inc. proposing to use rates for commercial automobile insurance
that are outside the upper or lower limits of the flexibility band promulgated
by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g).
The Company is requesting the following flex percentages of +37% for Personal
Injury Protection, Liability, and Physical Damage coverages, under all classes
and territories. This overall rate change is +5.4%.
Copies of the filing may be obtained by contacting Judy Deaver, at the
Texas Department of Insurance, Automobile/Homeowners Division, P.O. Box 149104,
Austin, Texas 78714-9104, telephone (512) 322-3478.
This filing is subject to Department approval without a hearing unless
a properly filed objection, pursuant to art. 5.101 §3(h), is made with
the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of
Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by May 10, 2002.
TRD-200202341
Lynda H. Nesenholtz
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: April 15, 2002
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 Starmount Financial Corporation,
Inc., a foreign third party administrator. The home office is Baton Rouge,
Louisiana.
Application for admission to Texas of Computer Health Network, Inc., a
foreign third party administrator. The home office is Schaumburg, Illinois.
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-200202372
Lynda H. Nesenholtz
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: April 17, 2002
Instant Game Number 284 "Deuces Wild"
1.0 Name and Style of Game.
A. The name of Instant Game No. 284 is "DEUCES WILD". The play style is
"match 2 of 5 with doubler".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 284 shall be $1.00 per ticket.
1.2 Definitions in Instant Game No. 284.
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: A, K, Q, J, 10, 9, 8,
7, 6, 5, 4, 3, 2, $1.00, $2.00, $3.00, $4.00, $5.00, $10.00, $25.00, $50.00,
$100, and $2,000.
D. Play Symbol Caption - the small printed material appearing below each
Play Symbol which explains the Play Symbol. One and only one of these Play
Symbol Captions appears under each Play Symbol and each is printed in caption
font in black ink in positive. The Play Symbol Caption which corresponds with
and verifies each Play Symbol is as follows:
Figure 1: 16 TAC GAME NO. 284 - 1.2D
[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:
Figure 2: 16 TAC GAME NO. 284 - 1.2E
[graphic]
Low-tier winning tickets use the required codes listed in Figure 2:16.
Non-winning tickets and high-tier tickets use a non-required combination of
the required codes listed in Figure 2:16 with the exception of ∅, which
will only appear on low-tier winners and will always have a slash through
it.
F. Serial Number - A unique 13 digit number appearing under the latex scratch-off
covering on the front of the ticket. There is a four (4) digit security number
which will be boxed and placed randomly within the Serial Number. The remaining
nine (9) digits of the Serial Number are the Validation Number. The Serial
Number is positioned beneath the bottom row of play data in the scratched-off
play area. The format will be: 0000000000000.
G. Low-Tier Prize - A prize of $1.00, $2.00, $4.00, $5.00, $10.00.
H. Mid-Tier Prize - A prize of $25.00, $50.00, $100, $400.
I. High-Tier Prize - A prize of $2,000.
J. Bar Code - A 22 character interleaved two (2) of five (5) bar code which
will include a three (3) digit game ID, the seven (7) digit pack number, the
three (3) digit ticket number and the nine (9) digit Validation Number. The
bar code appears on the back of the ticket.
K. Pack-Ticket Number - A thirteen (13) digit number consisting of the
three (3) digit game number (284), 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 : 284-0000001-000.
L. Pack - A pack of "DEUCES WILD" 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 and tickets 005 - 009 will
be on the next page and so forth with tickets 245 - 249 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 "DEUCES
WILD" Instant Game No. 284 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 "DEUCES
WILD" Instant Game is determined once the latex on the ticket is scratched
off to expose 24 (twenty-four) play symbols. If a player match 2 like cards
in any one hand across, the player will win the prize shown for that hand.
If a player matches 2 like cards plus a "2" symbol, the player will win double
the prize shown for that hand. 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 24 (twenty-four) 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 24 (twenty-four)
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 24 (twenty-four) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures.
17. Each of the 24 (twenty-four) Play Symbols on the ticket must be printed
in the Symbol font and must correspond precisely to the artwork on file at
the Texas Lottery; the ticket Serial Numbers must be printed in the Serial
font and must correspond precisely to the artwork on file at the Texas Lottery;
and the Pack-Ticket Number must be printed in the Pack-Ticket Number font
and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. No adjacent non-winning tickets will contain identical play symbols
in the same locations.
B. No duplicate non-winning prize symbols on a ticket.
C. There will be no occurrence of a hand containing a winning poker hand
other than a pair or a pair plus a "2" symbol. (No 3 of a kind, 4 of a kind,
full house, or straight.)
D. The "2" symbol will only appear on a winning hand and will never occur
more than once on a ticket as dictated by the prize structure.
E. No 5 or more like Your Card play symbols on a ticket.
2.3 Procedure for Claiming Prizes.
A. To claim a "DEUCES WILD" Instant Game prize of $1.00, $2.00, $4.00,
$5.00, $10.00, $25.00, $50.00, $100, or $400, a claimant shall sign the back
of the ticket in the space designated on the ticket and present the winning
ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify
the claim and, if valid, and upon presentation of proper identification, make
payment of the amount due the claimant and physically void the ticket; provided
that the Texas Lottery Retailer may, but is not, in some cases, required to
pay a $50.00, $100, or $400 ticket. In the event the Texas Lottery Retailer
cannot verify the claim, the Texas Lottery Retailer shall provide the claimant
with a claim form and instruct the claimant on how to file a claim with the
Texas Lottery. If the claim is validated by the Texas Lottery, a check shall
be forwarded to the claimant in the amount due. In the event the claim is
not validated, the claim shall be denied and the claimant shall be notified
promptly. A claimant may also claim any of the above prizes under the procedure
described in Section 2.3.B and 2.3.C of these Game Procedures.
B. To claim a "DEUCES WILD" Instant Game prize of $2,000, the claimant
must sign the winning ticket and present it at one of the Texas Lottery's
Claim Centers. If the claim is validated by the Texas Lottery, payment will
be made to the bearer of the validated winning ticket for that prize upon
presentation of proper identification. When paying a prize of $600 or more,
the Texas Lottery shall file the appropriate income reporting form with the
Internal Revenue Service (IRS) and shall withhold federal income tax at a
rate set by the IRS if required. In the event that the claim is not validated
by the Texas Lottery, the claim shall be denied and the claimant shall be
notified promptly.
C. As an alternative method of claiming a "DEUCES WILD" Instant Game prize,
the claimant must sign the winning ticket, thoroughly complete a claim form,
and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin,
Texas 78761-6600. The risk of sending a ticket remains with the claimant.
In the event that the claim is not validated by the Texas Lottery, the claim
shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery
shall deduct a sufficient amount from the winnings of a person who has been
finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller,
the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected
by the Attorney General; or
3. delinquent in reimbursing the Texas Department of Human Services for
a benefit granted in error under the food stamp program or the program of
financial assistance under Chapter 31, Human Resource Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code
E. If a person is indebted or owes delinquent taxes to the State, other
than those specified in the preceding paragraph, the winnings of a person
shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment
of the prize pending a final determination by the Executive Director, under
any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur,
regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented
for payment; or
D. if the claim is subject to any deduction from the payment otherwise
due, as described in Section 2.3.D of these Game Procedures. No liability
for interest for any delay shall accrue to the benefit of the claimant pending
payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of
18 years is entitled to a cash prize of less than $600 from the "DEUCES WILD"
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 "DEUCES WILD" 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 12,237,500
tickets in the Instant Game No. 284. The approximate number and value of prizes
in the game are as follows:
Figure 3: 16 TAC GAME NO. 284- 4.0
[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. 284 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. 284,
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-200202220
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: April 10, 2002
1.0 Name and Style of Game.
A. The name of Instant Game No. 285 is "BOOTS, BUCKLES & BUCKS". The
play style is "5 games".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 285 shall be $5.00 per ticket.
1.2 Definitions in Instant Game No. 285.
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: A, K, Q, J, 10, 9, 8,
7, 6, 5, 4, 3, 2, $1.00, $2.00, $4.00, $5.00, $8.00, $10.00, $20.00, $50.00,
$100, $500, $1,000, $5,000, 1, 2, 3, 4, 5, 6, POT OF GOLD SYMBOL, GOLD BAR
SYMBOL, MONEY BAG SYMBOL, STACK OF BILLS SYMBOL, CHIP SYMBOL, STACK OF COINS
SYMBOL, DOLLAR SIGN SYMBOL, NUGGET SYMBOL, CACTUS SYMBOL, HAT SYMBOL, SPUR
SYMBOL, FIRELOG SYMBOL, HORSESHOE SYMBOL, and GOLD NUGGET SYMBOL.
D. Play Symbol Caption - the small printed material appearing below each
Play Symbol which explains the Play Symbol. One and only one of these Play
Symbol Captions appears under each Play Symbol and each is printed in caption
font in black ink in positive. The Play Symbol Caption which corresponds with
and verifies each Play Symbol is as follows:
Figure 1: 16 TAC GAME NO. 285 - 1.2D
[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:
Figure 2: 16 TAC GAME NO. 285 - 1.2E
[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 $5.00, $8.00, $10.00, or $20.00.
H. Mid-Tier Prize - A prize of $50.00, $100, or $500.
I. High-Tier Prize - A prize of $1,000, $5,000, or $50,000.
J. Bar Code - A 22 character interleaved two (2) of five (5) bar code which
will include a three (3) digit game ID, the seven (7) digit pack number, the
three (3) digit ticket number and the nine (9) digit Validation Number. The
bar code appears on the back of the ticket.
K. Pack-Ticket Number - A twenty-two (22) digit number consisting of the
three (3) digit game number (285), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 000 and end with 074 within
each pack. The format will be: 285-0000001-000.
L. Pack - A pack of "BOOTS, BUCKLES & BUCKS" Instant Game tickets contain
75 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages
of one (1). The packs will alternate. One will show the front of ticket 000
and back of 074, while the other fold will show the back of ticket 000 and
front of 074.
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 "BOOTS,
BUCKLES & BUCKS" Instant Game No. 285 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 "BOOTS,
BUCKLES & BUCKS" Instant Game is determined once the latex on the ticket
is scratched off to expose 43 (forty-three) play symbols. In Game 1, if the
player matches 3 across the same row, the player will win the prize shown.
In Game 2, if the player's YOUR CARD beats the DEALER'S CARD within a hand,
the player will win the prize shown. In Game 3, for each roll, if the total
of the player's YOUR ROLL equals 7 or 11, the player will win the prize shown
for that roll. In Game 4, within each row, if the player gets three (3) like
amounts, the player will win that amount. If the player gets two (2) like
amounts and a gold nugget symbol the player will win 10 times that amount.
In Game 5, if the player gets a horseshoe symbol, the player will win $5 automatically.
No portion of the display printing nor any extraneous matter whatsoever shall
be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 43 (forty-three) 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 43 (forty-three)
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 43 (forty-three) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures.
17. Each of the 43 (forty-three) 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. Game 1: No 3 or more like non-winning symbols on a ticket.
C. Game 1: No duplicate non-winning games on a ticket in any order.
D. Game 2: No ties between Your Card and Dealer's Card in a hand.
E. Game 2: Play symbols will be approximately evenly distributed among
their possible locations.
F. Game 2: No duplicate non-winning prize symbols.
G. Game 2: No duplicate Your Card play symbols.
H. Game 2: No duplicate Dealer's Card play symbols.
I. Game 3: Play symbols will be approximately evenly distributed among
their possible locations.
J. Game 3: No duplicate non-winning prize symbols.
K. Game 3: No duplicate non-winning rolls in any order.
L. Game 4: Play symbols will be approximately evenly distributed.
M. Game 4: The nugget symbol will only appear once on a ticket and only
on intended winners.
N. Game 4: No duplicate non-winning rows.
O. Game 5: The horseshoe symbol will only appear on intended winners.
2.3 Procedure for Claiming Prizes.
A. To claim a "BOOTS, BUCKLES & BUCKS" Instant Game prize of $5.00,
$8.00, $10.00, $20.00, $50.00, $100, and $500, a claimant shall sign the back
of the ticket in the space designated on the ticket and present the winning
ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify
the claim and, if valid, and upon presentation of proper identification, make
payment of the amount due the claimant and physically void the ticket; provided
that the Texas Lottery Retailer may, but is not, in some cases, required to
pay a $50.00, $100, or $500 ticket. In the event the Texas Lottery Retailer
cannot verify the claim, the Texas Lottery Retailer shall provide the claimant
with a claim form and instruct the claimant on how to file a claim with the
Texas Lottery. If the claim is validated by the Texas Lottery, a check shall
be forwarded to the claimant in the amount due. In the event the claim is
not validated, the claim shall be denied and the claimant shall be notified
promptly. A claimant may also claim any of the above prizes under the procedure
described in Section 2.3.B and 2.3.C of these Game Procedures.
B. To claim a "BOOTS, BUCKLES & BUCKS" Instant Game prize of $5,000
or $50,000, the claimant must sign the winning ticket and present it at one
of the Texas Lottery's Claim Centers. If the claim is validated by the Texas
Lottery, payment will be made to the bearer of the validated winning ticket
for that prize upon presentation of proper identification. When paying a prize
of $600 or more, the Texas Lottery shall file the appropriate income reporting
form with the Internal Revenue Service (IRS) and shall withhold federal income
tax at a rate set by the IRS if required. In the event that the claim is not
validated by the Texas Lottery, the claim shall be denied and the claimant
shall be notified promptly.
C. As an alternative method of claiming a "BOOTS, BUCKLES & 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
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 "BOOTS, BUCKLES &
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 "BOOTS, BUCKLES & 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 8,193,900
tickets in the Instant Game No. 285. The approximate number and value of prizes
in the game are as follows:
Figure 3: 16 TAC GAME NO. 285- 4.0
[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. 285 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. 285,
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-200202221
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: April 10, 2002
1.0 Name and Style of Game.
A. The name of Instant Game No. 713 is "STASH OF CASH". The play style
in Game 1 is "beat score". The play style in Game 2 is "match 3". The play
style in Game 3 is "quick $20".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 713 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 713.
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, $1.00, $2.00, $4.00, $5.00, $10.00, $40.00, $100, $300, $20,000,
MONEY BAG SYMBOL, CLOVER SYMBOL, POT OF GOLD SYMBOL, GOLD BAR SYMBOL, DOLLAR
BILL SYMBOL, COIN SYMBOL.
D. Play Symbol Caption - the small printed material appearing below each
Play Symbol which explains the Play Symbol. One and only one of these Play
Symbol Captions appears under each Play Symbol and each is printed in caption
font in black ink in positive. The Play Symbol Caption which corresponds with
and verifies each Play Symbol is as follows:
Figure 1: 16 TAC GAME NO. 713 - 1.2D
[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:
Figure 2: 16 TAC GAME NO. 713 - 1.2E
[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 $20,000.
J. Bar Code - A 15 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 fifteen (15) digit number consisting of the three
(3) digit game number (713), 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: 713-0000001-000.
L. Pack - A pack of "STASH OF CASH" 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 shown on the front of the pack. The backs of
ticket 248 and 249 will show. Every other book will be opposite.
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 "STASH
OF CASH" Instant Game No. 713 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 "STASH OF
CASH" Instant Game is determined once the latex on the ticket is scratched
off to expose fifteen (15) play symbols. In Game 1, if any of the player's
YOUR NUMBERS match either THEIR NUMBER, the player will win the prize shown
for that row. In Game 2, if the player matches 3 like prize symbols the player
will win that prize. In Game 3, if the player matches 2 out of 3 symbols,
the player will win $20 instantly. No portion of the display printing nor
any extraneous matter whatsoever shall be usable or playable as a part of
the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly fifteen (15) 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 fifteen
(15) 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 fifteen (15) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures.
17. Each of the fifteen (15) 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 within a book will not have identical
patterns.
B. No three 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. Game 1: There will be no ties between Your Number and Their Number on
a row.
E. Game 1: No duplicate games on a ticket.
F. Game 1: No duplicate non-winning prize symbols on a ticket.
G. Game 2: There will not be 4 or more like prize symbols.
H. Game 3: There will never be 3 like play symbols.
2.3 Procedure for Claiming Prizes.
A. To claim a "STASH OF CASH" 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. To claim a "STASH OF CASH" Instant Game prize of $20,000, the claimant
must sign the winning ticket and present it at one of the Texas Lottery's
Claim Centers. If the claim is validated by the Texas Lottery, payment will
be made to the bearer of the validated winning ticket for that prize upon
presentation of proper identification. When paying a prize of $600 or more,
the Texas Lottery shall file the appropriate income reporting form with the
Internal Revenue Service (IRS) and shall withhold federal income tax at a
rate set by the IRS if required. In the event that the claim is not validated
by the Texas Lottery, the claim shall be denied and the claimant shall be
notified promptly.
C. As an alternative method of claiming a "STASH OF CASH" Instant Game
prize, the claimant must sign the winning ticket, thoroughly complete a claim
form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin,
Texas 78761-6600. The risk of sending a ticket remains with the claimant.
In the event that the claim is not validated by the Texas Lottery, the claim
shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery
shall deduct a sufficient amount from the winnings of a person who has been
finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller,
the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected
by the Attorney General; or
3. delinquent in reimbursing the Texas Department of Human Services for
a benefit granted in error under the food stamp program or the program of
financial assistance under Chapter 31, Human Resource Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code
E. If a person is indebted or owes delinquent taxes to the State, other
than those specified in the preceding paragraph, the winnings of a person
shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment
of the prize pending a final determination by the Executive Director, under
any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur,
regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented
for payment; or
D. if the claim is subject to any deduction from the payment otherwise
due, as described in Section 2.3.D of these Game Procedures. No liability
for interest for any delay shall accrue to the benefit of the claimant pending
payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of
18 years is entitled to a cash prize of less than $600 from the "STASH OF
CASH" Instant Game, the Texas Lottery shall deliver to an adult member of
the minor's family or the minor's guardian a check or warrant in the amount
of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of
more than $600 from the "STASH OF CASH" Instant Game, the Texas Lottery shall
deposit the amount of the prize in a custodial bank account, with an adult
member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game. Any prize not claimed
within that period, and in the manner specified in these Game Procedures and
on the back of each ticket, shall be forfeited.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game ticket in the space designated therefor, a ticket shall be owned
by the physical possessor of said ticket. When a signature is placed on the
back of the ticket in the space designated therefor, the player whose signature
appears in that area shall be the owner of the ticket and shall be entitled
to any prize attributable thereto. Notwithstanding any name or names submitted
on a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated therefor.
If more than one name appears on the back of the ticket, the Executive Director
will require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 5,187,500
tickets in the Instant Game No. 713. The approximate number and value of prizes
in the game are as follows:
Figure 3: 16 TAC GAME NO. 713- 4.0
[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. 713 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. 713,
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-200202222
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: April 10, 2002
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions
The Texas Natural Resource Conservation Commission (TNRCC or commission)
staff is providing an opportunity for written public comment on the listed
Default Orders (DOs). The TNRCC staff proposes a DO when the staff has sent
an Executive Director's Preliminary Report and Petition (EDPRP) to an entity
outlining the alleged violations; the proposed penalty; and the proposed technical
requirements necessary to bring the entity back into compliance, and the entity
fails to request a hearing on the matter within 20 days of its receipt of
the EDPRP. Similar to the procedure followed with respect to Agreed Orders
entered into by the executive director of the TNRCC pursuant to Texas Water
Code (TWC), §7.075, this notice of the proposed order and the opportunity
to comment is published in the
Texas Register
no later than the 30th day before the date on which the public comment period
closes, which in this case is
May 27, 2002
.
The TNRCC will consider any written comments received and the TNRCC may withdraw
or withhold approval of a DO if a comment discloses facts or considerations
that indicate that a proposed DO is inappropriate, improper, inadequate, or
inconsistent with the requirements of the statutes and rules within the TNRCC's
jurisdiction, or the TNRCC's orders and permits issued pursuant to the TNRCC's
regulatory authority. Additional notice of changes to a proposed DO is not
required to be published if those changes are made in response to written
comments.
A copy of each of the proposed DOs is available for public inspection at
both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building
A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional
office listed as follows. Comments about the DO should be sent to the attorney
designated for the DO at the TNRCC's Central Office at P.O. Box 13087, MC
175, Austin, Texas 78711-3087 and must be
received
by 5:00 p.m. on May 27, 2002
. Comments may also be sent by facsimile
machine to the attorney at (512) 239-3434. The TNRCC attorneys are available
to discuss the DOs and/or the comment procedure at the listed phone numbers;
however, comments on the DOs should be submitted to the TNRCC in
writing
.
(1) COMPANY: Alizain Enterprises, Inc.; DOCKET NUMBER: 2000-1277-PST-E;
TNRCC ID NUMBER: 0017711; LOCATION: 4501 Trail Lake Drive, Fort Worth, Tarrant
County, Texas; TYPE OF FACILITY: motor vehicle fuel dispensing; RULES VIOLATED:
30 TAC §115.245(2) and Texas Health and Safety Code (THSC), §382.085(b),
by failing to perform an annual pressure decay test; PENALTY: $1,250; STAFF
ATTORNEY: Darren Ream, Litigation Division, MC R-4, (817) 588-5878; REGIONAL
OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Forth Worth,
Texas 76010-6499, (817) 588-5800.
(2) COMPANY: The Army and Air Force Exchange Service; DOCKET NUMBER: 2001-0237-AIR-E;
TNRCC ID NUMBER: EE-1213-R; LOCATION: Building 199, Fort Bliss, El Paso County,
Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULES VIOLATED: 30 TAC §114.100(a) and THSC, §382.085(b), by failing
to supply, sell, or dispense gasoline for use as a motor fuel with the minimum
oxygen content of 2.7 percent by weight; and 30 TAC §115.252(2) and THSC, §382.085(b),
by failing to ensure a Reid vapor pressure greater than 7.0 pounds per square
inch absolute when transferring gasoline; PENALTY: $2,250; STAFF ATTORNEY:
Shannon Strong, Litigation Division, MC 175, (512) 239-6201; REGIONAL OFFICE:
El Paso Regional Office, 401 E. Franklin Ave., Suite 560, El Paso, Texas 79901-1206,
(915) 834-4949.
(3) COMPANY: Gbak Properties, Inc.; DOCKET NUMBER: 1999-1389-PST-E; TNRCC
ID NUMBER: 38596; LOCATION: 5411 Broadway, Galveston, Galveston County, Texas;
TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED:
30 TAC §115.245(3) and THSC, §382.085(b), by failing to perform
tests to verify proper operation of the Stage II vapor recovery system; and
30 TAC §334.21 and TWC, §26.358(b), by failing to pay underground
storage tank fees; PENALTY: $1,250; STAFF ATTORNEY: Kelly W. Mego, Litigation
Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: Houston Regional Office,
5425 Polk Ave., Suite H, Houston, Texas 77023-1486, (713) 767-3500.
TRD-200202351
Paul C. Sarahan
Director, Litigation Division
Texas Natural Resource Conservation Commission
Filed: April 16, 2002
The Texas Natural Resource Conservation Commission (TNRCC or commission)
staff is providing an opportunity for written public comment on the listed
Agreed Orders (AOs) pursuant to Texas Water Code (TWC), §7.075. Section
7.075 requires that before the commission may approve the AOs, the commission
shall allow the public an opportunity to submit written comments on the proposed
AOs. Section 7.075 requires that notice of the opportunity to comment must
be published in the
Texas Register
no later
than the 30th day before the date on which the public comment period closes,
which in this case is
May 27, 2002
. 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 TNRCC's orders and permits issued pursuant to TNRCC's regulatory
authority. Additional notice of changes to a proposed AO is not required to
be published if those changes are made in response to written comments.
A copy of each proposed AO is available for public inspection at both 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 an AO should be sent to the attorney designated for
the AO at TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas
78711-3087 and must be
received by 5:00 p.m. on May
27, 2002
. Comments may also be sent by facsimile machine to the attorney
at (512) 239-3434. The designated attorney is available to discuss the AO
and/or the comment procedure at the listed phone number; however, §7.075
provides that comments on an AO should be submitted to TNRCC in
writing
.
(1) COMPANY: Abilene Food Mart, Inc.; DOCKET NUMBER: 2000-1051-PST-E; TNRCC
ID NUMBER: 0035043; LOCATION: 784 Grape Street, Abilene, Taylor County, Texas;
TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED:
30 TAC 334.48(c), by failing to conduct inventory control for all underground
storage tanks (UST); 30 TAC §334.49(a) and TWC, §26.3475, by failing
to have corrosion protection for the UST system; 30 TAC §334.50(b)(1)(A)
and TWC, §26.3475, by failing to monitor for releases at a frequency
of at least once every month; and 30 TAC §334.7(d)(3), by failing to
amend, update, or change registration information; PENALTY: $8,550; STAFF
ATTORNEY: Troy Nelson, Litigation Division, MC R-5, (903) 525-0380; REGIONAL
OFFICE: Abilene Regional Office, 1977 Industrial Blvd., Abilene, Texas 79602-7833,
(915) 698-9674.
(2) COMPANY: Bay City LTD. dba Shop N' Go; DOCKET NUMBER: 2000-0664-PST-E;
TNRCC ID NUMBER: 0039740; LOCATION: 638 Dell Dale Boulevard, Channelview,
Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULES VIOLATED: 30 TAC §115.245(2) and Texas Health and
Safety Code (THSC), §382.085(b), by failing to perform an annual pressure
decay test on the Stage II Vapor Recovery system; 30 TAC §115.246(4)
and THSC, §382.085(b), by failing to maintain proof of training for each
employee by a facility representative; 30 TAC §115.246(6) and THSC, §382.085(b),
by failing to maintain a log of the Stage II daily inspections; 30 TAC §334.50(b)(2)
and TWC, §26.3475(a), by failing to provide a proper release detection
for the piping associated with the UST system; 30 TAC §334.50(b)(2)(A)(i)(III)
and TWC, §26.3475(a), by failing to perform annual performance testing
on line leak detectors; and 30 TAC §334.49(e), by failing to maintain
corrosion protection records; PENALTY: $6,875; STAFF ATTORNEY: Troy Nelson,
Litigation Division, MC R-5, (903) 525-0380; REGIONAL OFFICE: Houston Regional
Office, 5425 Polk Ave., Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(3) COMPANY: The City of Annona; DOCKET NUMBER: 2000-1143-MWD-E; TNRCC
ID NUMBER: 10863-001; LOCATION: approximately 1,500 feet east and 4,400 feet
south of the intersection of U.S. Highway 82 and Farm-to-Market Road 44, Red
River County, Texas; TYPE OF FACILITY: wastewater treatment; RULES VIOLATED:
30 TAC §305.125(1), TWC, §26.121, and Texas Pollutant Discharge
Effluent System (TPDES) Permit Number 10863-001, Effluent Limitations and
Monitoring Requirement 1, by exceeding the permitted limit of 90 milligrams/liters
in reported daily average concentration of Total Suspended Solids (TSS); 30
TAC §305.125(1), TWC §26.121, and TPDES Permit Number 10863-001,
Effluent Limitations and Monitoring Requirement 1, by falling below the minimum
permitted limit of 6.0 for pH value; 30 TAC §305.125(1), TWC §26.121,
and TPDES Permit Number 10863-001, Effluent Limitations and Monitoring Requirement
1, by exceeding the permitted limit of 90 mg/l in reported daily average concentration
of TSS; 30 TAC §305.15(1), TWC, §26.121, and TPDES Permit Number
10863-001, Effluent Limitations and Monitoring Requirement 1, by exceeding
the permitted daily average TSS loading limit of 55 pounds per day; and 30
TAC §305.1(b)(2) and TWC, §26.121, by discharging wastewater into
or adjacent to waters in the state of Texas without a permit; PENALTY: $7,500;
STAFF ATTORNEY: Robert Hernandez, Litigation Division, MC 175, (210) 403-4016;
REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756,
(903) 535-5100.
(4) COMPANY: City of Buda; DOCKET NUMBER: 2001-0645-MWD-E; TNRCC ID NUMBER:
11060-001; LOCATION: 1,900 feet north of the northernmost intersection of
Loop 4 and the Missouri-Pacific Railroad on the east bank of Onion Creek,
Hays County, Texas; TYPE OF FACILITY: wastewater treatment (facility); RULES
VIOLATED: 30 TAC §305.125(1), TWC, §26.121, TPDES Permit Number
11060-001, Interim Effluent Limitations, Monitoring Requirements Numbers 1
and 4, Operational Requirement Number 1, Permit Conditions Number 2(a), (b),
and (d), by failing to meet its permitted effluent limits and to prevent the
discharge of sludge and floating solids into the receiving stream; 30 TAC §305.125(1),
TPDES Permit Number 11060- 001, Operational Requirements Number 1, Permit
Conditions Number 2(a), (b), and (d), by failing to properly operate and maintain
the facility; 30 TAC §305.125(1), and TPDES Permit Number 11060-001,
Reporting Requirements Number 7(c), Permit Conditions Number 2(a) and (b),
by failing to properly notify, by telephone or letter, the TNRCC Regional
Office or Enforcement Division of effluent violations that deviated from the
permitted effluent limits by more than 40%; 30 TAC §305.125(1), TPDES
Permit Number 11060-001, Monitoring and Reporting Requirements Number 1, Permit
Conditions Number 2(a) and (b), by failing to timely and accurately submit
discharge monitoring reports; 30 TAC §305.125(1), TPDES Permit Number
11060-001, Sludge Provisions Section II F, Permit Conditions Number 2(a) and
2(b), by failing to submit a sludge report for the fiscal year; and 30 TAC §315.1,
TWC, §26.176, 40 Code of Federal Regulations (CFR), §403.5(c)(2),
and TPDES Permit Number 11060-001, Contributing Industries and Pretreatment
Requirements, by failing to establish and enforce pretreatment ordinances
that adequately prevent interference with treatment and the pass-through of
pollutants; PENALTY: $56,320; STAFF ATTORNEY: Rebecca Petty, Litigation Division,
MC 175, (512) 239-3693; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar
Bend Dr., Suite. 150, Austin, Texas 78758-5336, (512) 339-2929.
(5) COMPANY: Dewayne E. Anderson dba Anderson Wastewater Systems; DOCKET
NUMBER: 1999-0913-OSI-E; TNRCC ID NUMBER: OS2185; LOCATION: 3647 Highway 96
North, Silsbee, Hardin County, Texas; TYPE OF FACILITY: on-site sewage facility
(OSSF); RULES VIOLATED: 30 TAC §282.61, TWC §7.303, and THSC, §366.0924,
by failing to use reasonable care, judgment or application of knowledge in
the performance of his duties as an installer of OSSFs in the state; THSC, §366.051(c)
and §366.054, 30 TAC §285.5 and §285.58(a)(3) and (11), by
failing to obtain the necessary permitting authority's authorization before
beginning to install, construct, alter, extend, or repair an OSSF; 30 TAC
Chapter 285 and THSC Chapter 366, and Agreed Order Docket Number 96-0549-OSI-E,
Provision Number 4, by failing to be in compliance with all requirements;
30 TAC §285.58(a)(1)(A), §285.58(a)(6), and §285.58(a)(1),
by failing to level a trench within one inch over each twenty-fiver feet in
the excavation; 30 TAC §285.58(a)(1)(J) and §285.58(a)(1), by failing
to provide for a minimum of a twelve-inch drop in elevation from the bottom
of the outlet to the bottom of the disposal area; THSC Chapter 366, 30 TAC
Chapter 285, Agreed Order Docket Number 96-0549-OSI-E, Provision Number 4,
by failing to be in compliance with all the requirements; 30 TAC §285.13(a)(2)(B)
and §285.107(a)(6), by failing to properly conduct a soil evaluation;
30 TAC §285.13(b) and §285.107(a)(6), by failing to adequately perform
a percolation test; and THSC, §366.051(c) and §366.054, and 30 TAC §285.5
and §285.58(a)(3), by failing to submit planning material, verify proof
of a permit, notify the permitting authority, and obtaining the necessary
authorization before the installation; PENALTY: license revoked; STAFF ATTORNEY:
Elisa Roberts, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE:
Beaumont Regional Office, 3870 Eastex Fwy., Beaumont, Texas 77703-1892, (409)
898-3838.
(6) COMPANY: Emra Investments, Inc. dba Come and Go; DOCKET NUMBER: 2000-0478-
PST-E; TNRCC ID NUMBER: 0019599; LOCATION: 7140 Scott, Houston, Harris County,
Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULES VIOLATED: 30 TAC §334.48(c), by failing to conduct inventory control
at a retail facility; 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1),
by failing to monitor the USTs for releases at a frequency of at least once
every month; 30 TAC §334.50(b)(2) and TWC, §26.3475(a), by failing
to monitor piping for releases monthly; 30 TAC §334.50(b)(2)(A)(i) and
TWC, §26.3475(a), by failing to equip each pressurized line with an automatic
line leak detector; 30 TAC §334.50(b)(2)(A)(i)(III) and TWC, §26.3475(a)(1),
by failing to perform annual performance test on existing line leak detectors;
and 30 TAC §334.7(d)(3), by failing to amend, update, or change registration
information within 30 days from the date of the occurrence of the change or
addition, or within 30 days of the date on which the owner or operator first
became aware of the change or addition; PENALTY: $13,750; STAFF ATTORNEY:
Gitanjali Yadav, Litigation Division, MC 175, (512) 239-2029; REGIONAL OFFICE:
Houston Regional Office, 5425 Polk Ave., Suite H, Houston, Texas 77023-1486,
(713) 767-3500.
(7) COMPANY: Jim DeGroat dba Rod and Reel Grille; DOCKET NUMBER: 1998-0790-
PWS-E; TNRCC ID NUMBER: 1500070; LOCATION: 1/4 mile north of Ranch Road 3014,
Tow, Llano County, Texas; TYPE OF FACILITY: public water supply; RULES VIOLATED:
30 TAC §290.109(a) and (g), and THSC, §341.033(d), by failing to
submit water samples for bacteriological analysis to a laboratory approved
by the Texas Department of Health, by failing to provide public notice regarding
failure to submit water samples for bacteriological analysis; 30 TAC §290.109(b)(2),
by exceeding the maximum contaminant level for total coliform; 30 TAC §290.109(c)(1)(B)
and §290.121, by failing to provide a bacteriological monitoring plan;
30 TAC §290.46(n)(2), by failing to have a distribution map; 30 TAC §290.42(i),
by failing to use an American National Standards Institute approved disinfectant;
30 TAC §290.41(c)(1)(F), by failing to have a sanitary easement for the
water well; and 30 TAC §290.51(a)(3) and THSC, §341.041, by failing
to pay public health service fees; PENALTY: $3,969; STAFF ATTORNEY: James
Biggins, Litigation Division, MC R-13, (210) 403-4017; REGIONAL OFFICE: Austin
Regional Office, 1921 Cedar Bend Dr., Suite. 150, Austin, Texas 78758-5336,
(512) 339-2929.
(8) COMPANY: K & K Tank Cleaning Systems, Incorporated; DOCKET NUMBER:
2000- 0566-AIR-E; TNRCC ID NUMBER: TA-3090-R; LOCATION: 2450 Cold Springs
Road, Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: tank cleaning;
RULES VIOLATED: 30 TAC §116.115(c), THSC, §382.085(b), and TNRCC
Air Permit Number 31434, Special Condition Numbers 12 and 13, by failing to
operate a carbon absorption system and a flare during tank cleaning operations;
and 30 TAC §116.115(c), THSC, §382.085(b), and TNRCC Air Permit
Number 31434, Special Condition Number 20C, by failing to maintain records
of calculated emissions for each chemical on a rolling twelve-month basis;
PENALTY: $600; STAFF ATTORNEY: Shannon Strong, Litigation Division, MC 175,
(512) 239-6201; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel
Drive, Forth Worth, Texas 76010-6499, (817) 588-5800.
(9) COMPANY: Leedo Manufacturing Company; DOCKET NUMBER: 2000-0389-AIR-E;
TNRCC ID NUMBER: WF-0046-E; LOCATION: 100 Foundation Loop, East Bernard, Wharton
County, Texas; TYPE OF FACILITY: cabinet manufacturing plant; RULES VIOLATED:
30 TAC §101.20(2) and §113.410, CFR Subpart JJ, §63.803(a)
and (b), and THSC, §382.085(b), by failing to develop a Work Practice
Implementation Plan (WPIP) within sixty days after the compliance date of
November 21, 1997; by failing to implement the WPIP after development, and
by failing to implement an Operator Training Course; 30 TAC §116.110(a)(1),
THSC, §382.0518(a) and §382.085(b), by failing to renew TNRCC Permit
Number 8824A; 30 TAC §122.121 and §122.130(b)(1), and THSC, §382.054
and §382.085(b), by failing to submit an abbreviated Title V application
by February 1, 1998 and continuing to operate; and 30 TAC §101.20(2)
and §113.410, CFR Subpart JJ, §§63.804(f)(2),(7), and (8),
and THSC, §382.085(b), by failing to submit an initial compliance status
report stating that compliant stains, wash coats, sealers, top coats, base
coats, enamels, thinners, and strippable spray booth coatings, as applicable,
are being used, by failing to submit an initial compliance report stating
that the WPIP has been developed; PENALTY: $21,282; STAFF ATTORNEY: Laurencia
Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Houston
Regional Office, 5425 Polk Ave., Suite H, Houston, Texas 77023-1486, (713)
767-3500.
(10) COMPANY: New Forest Water Sinking Fund, C.E. Stiebing, Gerald Kalanta,
Kenneth and Rosalie Smith, Larry A. Long, Amanda Gail Daigle, Patricia Matte,
John Miller, Todd A. Simoneaux, Johnnie Faye Moore, James and Sherrie Compton,
Ruth Thomas, Donna and Jay Thomas, Richard and Cynthia Parish, David and Angela
Mehl, Nickey and Jana Garsee, Paul Enderle, James Janow, and Jim Shifflett;
DOCKET NUMBER: 1999-0592-PWS-E; TNRCC ID NUMBER: 1000062; LOCATION: U. S.
Highway 69 North, approximately six miles north of Lumberton, Hardin County,
Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.46(e),
by failing to operate under the direct supervision of a certified water works
operator; 30 TAC §290.46(p)(2), by failing to conduct an annual inspection
of the system's pressure tank by a water system personnel; 30 TAC §290.46(f)(1),
by failing to provide a mechanical disinfection facility capable of maintaining
an acceptable disinfectant residual; 30 TAC §290.46(f)(2)(B), by failing
to test the disinfectant residual at representative locations in the distribution
system using a test kit which employs a diethy-p-phenylenediamine indicator
at least once every seven days; 30 TAC §290.45(b)(1)(A)(ii), by failing
to provide a pressure tank capacity of 50 gallons per connection; 30 TAC §290.41(c)(1)(F),
by failing to secure and record in the deed records at the county courthouse
a sanitary control easement covering that portion of the land within 150 feet
of the well location; 30 TAC §290.106(b)(5) and (e)(2), and, by failing
to take additional routine bacteriological samples and proper repeat samples,
by failing to report the monitoring violation to the commission within ten
days of the violation, and by failing to notify the public; and 30 TAC §§290.103(8),
and 290.105, 290.106(e)(1), by exceeding the maximum contaminant levels for
total coliform, by failing to report the violation to the commission by the
end of the next business day after it learned of the violation, and by failing
to notify the public; PENALTY: $1,000; STAFF ATTORNEY: Troy Nelson, Litigation
Division, MC R-5, (903) 525-0380; REGIONAL OFFICE: Beaumont Regional Office,
3870 Eastex Fwy., Beaumont, Texas 77703-1892, (409) 898-3838.
(11) COMPANY: Quadvest, Inc.; DOCKET NUMBER: 1999-0905-PWS-E; TNRCC ID
NUMBERS: 1011805, 1011806, 1011810, 1700576, 1700577, 1700609, 1700611, 1700624,
1700404, 2370042; LOCATION: Harris, Montgomery, and Waller Counties, Texas;
TYPE OF FACILITY: ten public drinking water systems; RULES VIOLATED: 30 TAC §290.39(j)
and §290.41(c)(3)(A), by failing to submit well completion data and by
failing to notify the executive director prior to making significant changes
or additions to the system's production, treatment, storage, or distribution
facilities; 30 TAC §290.41(c)(1)(F), by failing to secure a sanitary
easement for the well site; 30 TAC §290.41(c)(3)(K), by failing to provide
a casing vent on the well; 30 TAC §290.41(c)(3)(M), by failing to provide
a sampling tap on the well discharge; 30 TAC §290.41(c)(3)(N), by failing
to provide a flow meter on the well; 30 TAC §290.41(c)(3)(O), by failing
to provide a properly constructed intruder resistant fence; 30 TAC §290.42(e)(6),
by failing to provide high level and floor level screened vents in the chlorinator
room; 30 TAC §290.42(e)(7), by failing to properly house the hypochlorination
solution containers; 30 TAC §290.43(c)(2), by failing to provide a properly
designed roof hatch on the ground storage tank; 30 TAC §290.43(d)(3),
by failing to provide pressure tanks with facilities for maintaining the air-
water volume at a design water level and working pressure; 30 TAC §290.44(h),
by failing to have a check valve or back flow prevention device on the well;
30 TAC §290.45(b)(1)(A) and §291.93, and THSC, §341.0315(c),
by failing to provide a well capacity of 1.5 gallons per minute per connection;
30 TAC §290.46(f), by failing to compile monthly operations reports and
have them available for review by the inspector; 30 TAC §290.46(d)(2)(A),
by failing to maintain free chlorine residual of 0.2 milligrams/liters; 30
TAC §290.41(c)(3)(O), by failing to provide a properly constructed intruder
resistance fence; 30 TAC §290.41(c)(3)(K), by failing to initiate a maintenance
program; 30 TAC §290.46(m)(4), by failing to keep distribution lines
and equipment in a watertight condition; 30 TAC §290.46(t), by failing
to post legible signs at each of the system's production, treatment and storage
facilities; 30 TAC §290.46(v), by failing to install electrical wiring
in conduit; 30 TAC §290.109(c)(2), by failing to submit water samples
for bacteriological analysis; 30 TAC §290.118 and THSC, §341.031(a)
and §341.0315(c), by failing to provide water which meets the secondary
constituents levels for Iron and pH; and 30 TAC §290.117(c), by failing
to collect and submit water samples for lead/copper analysis; PENALTY: $25,848;
STAFF ATTORNEY: Lisa Lemanczyk, Litigation Division, MC 175, (512) 239-5915;
REGIONAL OFFICE: Houston Regional Office, 5425 Polk Ave., Suite H, Houston,
Texas 77023- 1486, (713) 767-3500.
(12) COMPANY: VV Water Supply System, Inc.; DOCKET NUMBER: 2001-0921-PWS-E;
TNRCC ID NUMBER: 0610052; LOCATION: north side of Farm-to-Market Road 426,
three miles east of Loop 288, Denton, Denton County, Texas; TYPE OF FACILITY:
public water supply; RULES VIOLATED: 30 TAC §290.46(j), by failing to
complete customer service inspections prior to providing continuous water
service to new construction; 30 TAC §290.46(u), by failing to plug or
repair abandoned Well Number 2; 30 TAC §290.41(c)(1)(F) and TNRCC AO,
Docket Number 2000-0061-PWS-E, Ordering Provision 2.e., by failing to secure
sanitary control easements; 30 TAC §290.46(n)(2), by failing to maintain
an up-to-date map of the distribution system; 30 TAC §290.43(c)(4), by
failing to equip the 37,000 gallon storage tank with a water level indicator;
30 TAC §290.42(e)(7), by failing to ensure that the lid of the hypochlorination
solution container was completely covered and sealed to prevent the entrance
of dust, insects and other contaminants; 30 TAC §290.45(b)(1)(D)(v),
and TNRCC AO, Docket Number 2000-0061-PWS- E, Ordering Provision 2.d., by
failing to provide emergency power delivering water at a rate of 0.35 gallons
per minute per connection to the distribution system in the event of the loss
of normal power supply; 30 TAC §290.45(b)(1)(D)(i) and TNRCC AO, Docket
Number 2000-0061-PWS-E, Ordering Provision 2.g., by failing to provide a total
well capacity of 0.6 gallons per minute per connection; 30 TAC §290.41(c)(3)(B)
and TNRCC AO, Docket Number 2000-0061-PWS-E, Ordering Provision 2.h., by failing
to provide each well with a casing 18 inches above the elevation of the finished
floor of the pump house or natural ground surface with a minimum one inch
above the sealing block or pump motor foundation block; 30 TAC §290.41(c)(3)(M),
by failing to provide a suitable sampling tap on the discharge line; and 30
TAC §290.41(c)(3)(N), by failing to install a flow meter on the discharge
line; and 30 TAC §290.46(m), by failing to initiate a maintenance program
to ensure the reliability and general appearance of all regulated facilities
and reduce costly repairs due to lack of proper maintenance; PENALTY: $11,688;
STAFF ATTORNEY: Alfred Okpohworho, Litigation Division, MC R-12, (713) 422-8918;
REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Forth
Worth, Texas 76118-6951, (817) 588-5800.
TRD-200202350
Paul C. Sarahan
Director, Litigation Division
Texas Natural Resource Conservation Commission
Filed: April 16, 2002
The Texas Natural Resource Conservation Commission (commission) will conduct
a public hearing to receive testimony concerning amendments to 30 TAC Chapter
101, concerning General Air Quality Rules; and a corresponding revision to
the 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. The amendments to Chapter 101 are proposed to
be submitted as a revision to the SIP.
The commission proposes an amendment to §101.1 and the repeal of §§101.6,
101.7, 101.11, 101.12, and 101.15 - 101.17. The commission also proposes new §101.201
in new Division 1,
Emissions Events
; new §101.211
in new Division 2,
Maintenance, Startup, and Shutdown
Activities
; new §§101.221 - 101.224 in new Division 3,
The proposed amendments to Chapter 101 implement House Bill (HB) 2912, §5.01
and §18.14, 77th Legislature, 2001, by incorporating the requirements
of HB 2912 into the rule language in Chapter 101. These requirements include
changing the term "upset" with the term "emissions event"; adding additional
and more detailed information to the notification and reporting requirements
for emissions events; requiring reporting in an electronic format; and requiring
specific actions be taken when the commission determines the emissions events
to be excessive or chronic. The proposed amendments to Chapter 101 also partially
reformat Chapter 101 by creating new Subchapter F, and placing topically specific
rules regarding upset, maintenance, startup, and shutdown; temporary exemptions;
variances; and transfers into new Subchapter F.
A public hearing on this proposal will be held in Austin, Texas, on May
21, 2002, at 10:00 a.m., at the Texas Natural Resource Conservation Commission,
12100 Park 35 Circle, Building F, Room 2210. The hearing will be structured
for the receipt of oral or written comments by interested persons. Individuals
may present oral statements when called upon in order of registration. There
will be no open discussion during the hearing; however, a commission staff
member will be available to discuss the proposal 30 minutes prior to the hearing
and will answer questions before and after the hearing.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact the Office of
Environmental Policy, Analysis, and Assessment at (512) 239-4900. Requests
should be made as far in advance as possible.
Comments may be submitted to Ms. Lola Brown, MC 205, Office of Environmental
Policy, Analysis, and Assessment, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. All
comments should reference Rule Log Number 2001-075-101-AI. Comments must be
received by 5:00 p.m., May 28, 2002. For further information, please contact
Troy Dalton of the Enforcement Division at (512) 239-1541 or Alan Henderson
of the Policy and Regulations Division at (512) 239-1510. Copies of the proposed
rulemaking may be obtained from the commission's website at: www.tnrcc.state.tx.us/oprd/rules/propadop.html.
TRD-200202265
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: April 12, 2002
The Texas Natural Resource Conservation Commission (TNRCC) will conduct
a public hearing to receive testimony concerning revisions to 30 Texas Administrative
Code (TAC) Chapter 1, Purpose of Rules, General Provisions; Chapter 39, Public
Notice; and Chapter 116, Control of Air Pollution by Permits for New Construction
or Modification, under the requirements of Texas Health and Safety Code, §382.017
and Texas Government Code, Subchapter B, Chapter 2001.
The proposed new and amended sections would implement provisions of House
Bill (HB) 2912 (an act relating to the continuation and functions of the Texas
Natural Resource Conservation Commission; providing penalties), §1.12
and §2.01; HB 2947 (an act relating to the posting of notice for water
discharge permits); and Senate Bill 688 (an act relating to requirements for
public notice and hearing on applications for certain permits that may have
environmental impact); enacted by the 77th Legislature, 2001. The proposal
includes certain requirements relating to the content of public notices, public
meetings for facilities that accept municipal solid waste, newspaper publications,
and public notices and other procedures for multiple plant permits.
A public hearing on this proposal will be held in Austin on May 21, 2002
at 2:00 p.m. at the Texas Natural Resource Conservation Commission in Building
F, Room 2210, located at 12100 Park 35 Circle. The hearing will be structured
for the receipt of oral or written comments by interested persons. Individuals
may present oral statements when called upon in order of registration. There
will be no open discussion during the hearing; however, an agency staff member
will be available to discuss the proposal 30 minutes prior to the hearing
and will answer questions before and after the hearing.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact the Office of
Environmental Policy, Analysis, and Assessment at (512) 239-4900. Requests
should be made as far in advance as possible.
Comments may be submitted to Lola Brown, MC 205, Office of Environmental
Policy, Analysis, and Assessment, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087, or by fax to (512) 239-4808. All
comments should reference Rule Log Number 2001- 028-039-AD. Comments must
be received by 5:00 p.m., May 28, 2002. For further information, please contact
Ray Henry Austin, Policy and Regulations Division, (512) 239-6814.
TRD-200202270
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: April 12, 2002
In accordance with the requirements of Texas Government Code, Chapter 2001,
Subchapter B, the Texas Natural Resource Conservation Commission (TNRCC or
commission) will conduct a public hearing to receive comments concerning revisions
to 30 TAC Chapter 5, specifically amendments to §§5.1 - 5.5, 5.7,
5.10, and 5.14 and new §5.20 and §5.21; and Chapter 20, specifically
an amendment to §20.19.
These proposed revisions to Chapter 5 and Chapter 20 implement House Bill
(HB) 2912, 77th Legislature, 2001, §1.10, which amended Texas Water Code,
Subchapter D, Chapter 5, §5.107, relating to Advisory Councils; and HB
2914, 77th Legislature, 2001, Sections 45 - 52, which amended Texas Government
Code, Chapter 2110, relating to State Agency Advisory Committees. Chapter
5 would change the title of the chapter from "Advisory Committees" to "Advisory
Committees and Groups" to cover advisory committees, work groups, task forces,
stakeholder groups, and groups of other designations frequently used by the
agency and would require the agency to make reasonable attempts to have balanced
representation. The proposed revisions would require the commission to monitor
the composition and activities of advisory committees and maintain minutes
of advisory committee meetings in a form and location that is easily accessible
to the public, including making the information available on the commission's
website. In addition, Chapter 5 would specify that an advisory committee created
by the commission shall be automatically abolished in accordance with Texas
Government Code, §2110.008(b), which provides that unless the state agency,
by rule, designates a different date on which the committee will be automatically
abolished, the committee is automatically abolished on the later of September
1, 2005, or the fourth anniversary of the date of its creation. Revisions
to Chapter 20 would change the title of §20.19 from "Working Groups"
to "Working Committees and Groups" and would add a sentence to require that
selection and appointment of any working groups or persons to advise the commission
on rulemaking adhere to the process established under Chapter 5.
A public hearing on this proposal will be held in Austin on May 20, 2002
at 2:00 p.m. at the commission's central office, Building F, Room 2210, located
at 12100 Park 35 Circle. The hearing will be structured for the receipt of
oral or written comments by interested persons. Individuals may present oral
statements when called upon in order of registration. There will be no open
discussion during the hearing; however, an agency staff member will be available
to discuss the proposal 30 minutes prior to the hearing and will answer questions
before and after the hearing.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact the Office of
Environmental Policy, Analysis, and Assessment at (512) 239-4900. Requests
should be made as far in advance as possible.
Written comments may be submitted to Lola Brown, MC 205, Texas Natural
Resource Conservation Commission, Office of Environmental Policy, Analysis,
and Assessment, P.O. Box 13087, Austin, Texas 78711-3087, or by fax to (512)
239-4808. All comments should reference Rule Log Number 2001-068-005-AD. Comments
must be received by 5:00 p.m., May 28, 2002. For further information, please
contact Debra Barber, Policy and Regulations Division, (512) 239-0412.
TRD-200202275
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: April 12, 2002
In accordance with the requirements of Texas Government Code, Chapter 2001,
Subchapter B, the Texas Natural Resource Conservation Commission (TNRCC or
commission) will conduct a public hearing to receive testimony concerning
revisions to 30 TAC Chapter 21, Water Quality Fee; Chapter 220, Regional Assessments
of Water Quality; and Chapter 305, Consolidated Permits.
The commission proposes the following in 30 TAC: repeal of Chapter 220,
Subchapter A, Program for Monitoring and Assessment of Water Quality by Watershed
and River Basin, §§220.1 - 220.7, and Subchapter B, Program for
Water Quality Assessment Fees, §220.21 and §220.22; repeal of Chapter
305, Subchapter M, Waste Treatment Inspection Fee Program, §§305.501
- 305.507; new Chapter 21,§§21.1 - 21.4; and the concurrent proposal
of new §§220.1 - 220.8 in Chapter 220.
The proposed rules will establish a new methodology for assessing fees
as directed by House Bill HB 2912, §§3.04 - 3.06, 77th Legislature,
2001, which replaced the existing water quality assessment fee and the waste
treatment fee with a new fee.
A public hearing on this proposal will be held in Austin on May 21, 2002
at 10:00 a.m. in Building C, Room 131E at the TNRCC central office located
at 12100 Park 35 Circle. The hearing is structured for the receipt of oral
or written comments by interested persons. Individuals may present oral statements
when called upon in order of registration. Open discussions will not occur
during the hearing; however, an agency staff member will be available to discuss
the proposal 30 minutes prior to the hearing and will answer questions before
and after the hearing.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact the Office of
Environmental Policy, Analysis, and Assessment at (512) 239-4900. Requests
should be made as far in advance as possible.
Comments may be submitted to Patricia Durón, MC 205, Texas Natural
Resource Conservation Commission, 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 should reference Rule Log Number 2001-098-220-WT.
Comments must be received by 5:00 p.m., May 28, 2002. For further information,
please contact Debi Dyer, Policy and Regulations Division, (512) 239-3972.
TRD-200202305
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: April 12, 2002
In accordance with the requirements of Texas Government Code, Chapter 2001,
Subchapter B, the Texas Natural Resource Conservation Commission (TNRCC or
commission) will conduct a public hearing to receive testimony concerning
the proposed amended sections of 30 TAC Chapter 90, Regulatory Flexibility.
The proposed amendments to §90.1, Purpose and §90.10, Application
for a Regulatory Flexibility Order implement changes to Texas Water Code (TWC), §5.123,
concerning Regulatory Flexibility, enacted by House Bill 2912, §4.02,
77th Legislature, 2001. The legislation redesignated the section as TWC, §5.758,
concerning Regulatory Flexibility, and requires that applications for regulatory
flexibility orders clearly demonstrate that the requested variances are more
protective than the current requirements of rule or law.
A public hearing on this proposal will be held in Austin on May 20, 2002
at 10:00 a.m., in Building F, Room 2210 at the commission's central office
located at 12100 Park 35 Circle. The hearing will be structured for the receipt
of oral or written comments by interested persons. Individuals may present
oral statements when called upon in order of registration. There will be no
open discussion during the hearing; however, an agency staff member will be
available to discuss the proposal 30 minutes prior to the hearing and will
answer questions before and after the hearing.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact the Office of
Environmental Policy, Analysis, and Assessment at (512) 239-4900. Requests
should be made as far in advance as possible.
Comments may be submitted to Patricia Durón, Office of Environmental
Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087
or faxed to (512) 239-4808. Comments must be received by 5:00 p.m., May 28,
2002, and should reference Rule Log Number 2001-073-090-AD. This proposal
is available on the commission's web site at
http://www.tnrcc.state.tx.us/oprd/rules/propadopt.html
. For further information, please contact Joe Thomas, Policy and Regulations
Division at (512) 239-4580.
TRD-200202306
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: April 12, 2002
In accordance with the requirements of Texas Government Code, Chapter 2001,
Subchapter B, the Texas Natural Resource Conservation Commission (TNRCC or
commission) will conduct a public hearing to receive testimony concerning
the proposed revisions to 30 TAC Chapter 312, Sludge Use, Disposal, and Transportation.
The commission proposes to repeal §§312.4, 312.10 - 312.12 and
amend §312.13. The commission proposes to concurrently replace the repealed
sections with new §§312.4 and 312.10 - 312.12. This proposed rulemaking
to Chapter 312 implements Section 9.05 of HB 2912, which requires that Class
B sewage sludge only be land applied at permitted (as opposed to registered)
facilities after September 1, 2003. Based on the legislation, a fee schedule
for applications and certain requirements for the permits are proposed. Not
related to legislative implementation, the rulemaking also proposes: to allow
the executive director to deny notice of intent for marketing and distributing,
storing, or land applying Class A sewage sludge; handling of fees for permitted
facilities; and more stringent soil sampling criteria for sites to be registered
or permitted.
A public hearing on this proposal will be held in Austin on May 28, 2002
at 10:00 a.m., Building E, Room 201S at the commission's central office located
at 12100 Park 35 Circle. The hearing will be 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 be permitted during the hearing; however, commission staff members will
be available to discuss the proposal 30 minutes before the hearing and will
answer questions before and after the hearing.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact the Office of
Environmental Policy, Analysis, and Assessment at (512) 239-4900. Requests
should be made as far in advance as possible.
Comments may be submitted to Patricia Durón, Office of Environmental
Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087
or faxed to (512) 239-4808. All comments should reference Rule Log Number
2001-083-312-WT. Comments must be received by 5:00 p.m., May 28, 2002. For
further information or questions concerning this proposal, please contact
Joe Thomas, Policy and Regulations Division, at (512) 239-4580.
TRD-200202307
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: April 12, 2002
The following notices were issued during the period of March 26, 2002 through
April 15, 2002.
The following require the applicants to publish notice in the newspaper.
The public comment period, requests for public meetings, or requests for a
contested case hearing may be submitted to the Office of the Chief Clerk,
Mail Code 105, P O Box 13087, Austin Texas 78711-3087, WITHIN 30 DAYS OF THE
DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.
AQUASOURCE UTILITY, INC. has applied for a renewal of TPDES Permit No.
11375-001, which authorizes the discharge of treated domestic wastewater at
a daily average flow not to exceed 637,000 gallons per day. The draft permit
reduces the final phase permitted flow from 637,000 gallons per day to 184,000
gallons per day. The facility is located approximately 2.5 miles east of the
intersection of Farm-to-Market Road 529 (Spencer Road) and U.S. Highway 290
between Windfern Road and Fairbanks-North Houston Road in Harris County, Texas.
AQUASOURCE UTILITY, INC. has applied for a renewal of TPDES Permit No.
12454-001, which authorizes the discharge of treated domestic wastewater at
a daily average flow not to exceed 80,000 gallons per day. The facility is
located on the east side of the Kickapoo Creek Arm of Lake Livingston, approximately
2000 feet south of United States Highway 190 within the Cedar Point subdivision
in Polk County, Texas.
BASTROP INDEPENDENT SCHOOL DISTRICT has applied for a major amendment to
Permit No. 14200-001, to authorize an increase in the daily average flow from
8,000 gallons per day to 30,000 gallons per day and to increase the acreage
used for subsurface drip irrigation from 1.84 acres to 6.89 acres of nonpublic
access land seeded with bermuda and rye grasses. The current permit authorizes
the disposal of treated domestic wastewater at a daily average flow not to
exceed 8,000 gallons per day via subsurface drip irrigation on 1.84 acres
of nonpublic access land seeded with bermuda and rye grasses. This permit
will not authorize a discharge of pollutants into waters in the State. The
facility and disposal site are located in the community of Cedar Creek, approximately
1.5 miles northeast of the intersection of State Highway 21 and Farm-to-Market
Road 535 in Bastrop County, Texas.
BOC GASES which operates an industrial cryogenic gas separation plant producing
oxygen, nitrogen, and argon from air, has applied for a new permit, proposed
TPDES Permit No. 04358, to authorize the discharge of non-contact cooling
tower blowdown at a daily average flow not to exceed 30,000 gallons per day
via Outfall 001. The facility is located adjacent to the southwest side of
Texas FM Road 39, approximately 3/4 miles northwest of the intersection of
United States Highway 79 and Texas FM Road 39, southwest of the City of Jewett,
Leon County, Texas.
CITY OF FAIRFIELD has applied for a renewal of TNRCC Permit No. 10168-002,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 500,000 gallons per day. The draft permit authorizes the
discharge of treated domestic wastewater at a daily average flow not to exceed
500,000 gallons per day. The plant site is located approximately 4,000 feet
east of U.S. Highway 75 and approximately 6,000 feet south of U.S. Highway
84 in Freestone County, Texas.
GREEN TRAILS MUNICIPAL UTILITY DISTRICT has applied for a renewal of TPDES
Permit No. 12289-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 990,000 gallons per day. The facility
is located on the north bank of Mason Creek, approximately 2 miles south of
Interstate Highway 10, between Baker Road and Fry Road in Harris County, Texas.
The treated effluent is discharged to Harris County Flood Control Ditch T101-01-00;
thence to Mason Creek; thence to Buffalo Bayou Above Tidal in Segment No.
1014 of the San Jacinto River Basin.
JIM HOGG COUNTY WATER CONTROL & IMPROVEMENT DISTRICT NO. 2 has applied
for a renewal of TPDES Permit No. 10799-001, which authorizes the discharge
of treated domestic wastewater at a daily average flow not to exceed 796,000
gallons per day. The facility is located approximately 3,700 feet east of
the intersection of State Highway 285 and Farm-to-Market Road 1017, on the
north side of State Highway 285 in Jim Hogg County, Texas.
KLEBERG COUNTY has applied for a renewal of TPDES Permit No. 13374-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 33,000 gallons per day. The facility is located 1.5 miles
southeast of Loyola Beach and 1750 feet southeast of the intersection of Farm
to Market Road 628 and County Road 1150 in Kleberg County, Texas.
CITY OF MABANK has applied for a renewal of TPDES Permit No. 10579-003,
which authorizes the discharge of filter backwash water at a daily average
flow not to exceed 100,000 gallons per day. The facility is located approximately
1 3/4 miles west of the intersection of Farm- to-Market Road 85 and Farm-to-Market
Road 90, and approximately 3 1/2 miles southwest of the City of Mabank in
Henderson County, Texas.
MATAGORDA COUNTY NAVIGATIONAL DISTRICT NO. 1 has applied for a new permit,
proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 04036,
to authorize the discharge of treated bilge water at a daily average flow
not to exceed 500 gallons per day via Outfall 001. The applicant proposes
to operate a bilge water reclamation facility. The plant site is located within
the Port of Palacios, on the south shore of Turning Basin #3, approximately
two miles east of the intersection of Newsom Road and Mangerum Blvd., in the
City of Palacios, Matagorda County, Texas.
NORTH TEXAS MUNICIPAL WATER DISTRICT has applied for a renewal of TNRCC
Permit No. 10257-001, which authorizes the discharge of treated domestic wastewater
at an annual average flow not to exceed 4,750,000 gallons per day. The facility
is located approximately 2, 310 feet southeast of the intersection of Spring
Valley Road and State Highway 75 in the City of Richardson in Dallas County,
Texas.
CITY OF OVERTON has applied for a renewal of TPDES Permit No. 10242-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 600,000 gallons per day. The facility is located approximately
2,900 feet east of the intersection of Henderson Street and Linda Lane in
Rusk County, Texas.
OWENS CORNING has applied for a renewal of TNRCC Permit No. 01178, which
authorizes the discharge of storm water runoff commingled with cooling tower
and boiler blowdown on an intermittent and flow variable basis via Outfall
001. Issuance of this Texas Pollutant Discharge Elimination System (TPDES)
permit will replace the existing NPDES Permit No. TX0065749 issued on June
19, 1987 and TNRCC Permit No. 01178, issued on October 11, 1996. The applicant
operates a fiberglass wool insulation products manufacturing plant. The plant
site is located adjacent to the east side of Interstate Highway 35E, approximately
one (1) mile north of the intersection of Interstate Highway 35E and U.S.
Highway 287, north of the City of Waxahachie, Ellis County, Texas.
SOLVAY POLYMERS, INC. which operates the LaPorte Plant, a polyolefin and
inorganic chemicals manufacturing facility, has applied for a renewal of TNRCC
Permit No. 00544, which authorizes the discharge of treated process wastewater,
utility wastewater, domestic wastewater, storm water runoff, and treated Interox
wastewater including sodium perborate (PBS) wastewater at a daily average
flow not to exceed 2,000,000 gallons per day via Outfall 001; the discharge
of utility wastewater and storm water runoff on an intermittent and flow variable
basis via Outfall 002; the discharge of treated process wastewater, utility
wastewater, domestic wastewater and storm water runoff at a daily average
flow not to exceed 1,500,000 gallons per day via Outfall 003; the discharge
of utility wastewater and storm water runoff on an intermittent and flow variable
basis via Outfall 004; and the discharge of storm water runoff on an intermittent
and flow variable basis via Outfall 005. The facility is located at 1230 Battleground
Road (State Highway 134), south of Miller Cutoff Road in the City of Deer
Park, Harris County, Texas.
TEXAS A&M UNIVERSITY SYSTEM, TEXAS AGRICULTURAL EXPERIMENT STATION,
SHRIMP MARICULTURE RESEARCH which proposes to operate a marine shrimp culture
research facility has applied for a new permit, proposed TPDES permit no.
04165, to authorize the discharge of process wastewater at a daily average
flow not to exceed 10,000 gallons per day via Outfall 001, and process wastewater
at a daily average not to exceed 10,000 gallons per day via Outfall 002. The
facility is located on the south side of the Corpus Christi Ship Channel,
approximately 1,385 feet west of the ferry landing, and approximately 250
feet east of the municipal pier, on Port Street, in the City of Port Aransas,
Nueces County, Texas.
TEXAS PARKS & WILDLIFE DEPARTMENT has applied for a renewal of Permit
No. 11830- 001, which authorizes the disposal of treated domestic wastewater
at a daily average flow not to exceed 50,000 gallons per day via subsurface
drainfields with a minimum area of 39,000 square feet. The facility and disposal
site are located in the Huntsville State Park in the general location between
the service area and the Prairie Branch camping area, approximately 6 miles
south of the City of Huntsville in Walker County, Texas. The absorption field
is located approximately 600 feet from the shoreline of Lake.
TRINITY RIVER AUTHORITY OF TEXAS has applied for a renewal of TPDES Permit
No. 13795-001, which authorizes the discharge of filter backwash water at
a daily average flow not to exceed 900,000 gallons per day. The facility is
located on Wallace Road, approximately 1.8 miles north of Farm-to-Market Road
2628 in Walker County, Texas.
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 has applied for a major amendment
to TPDES Permit No. 11593-001 to authorize an increase in the discharge of
treated domestic wastewater from an annual average flow not to exceed 1,400,000
gallons per day to an annual average flow not to exceed 1,750,000 gallons
per day with provisions to use a portion of the treated effluent to irrigate
416.91 acres of golf course land. The facility is located approximately 0.9
mile north of the intersection of State Highway 114 and Trophy Club Drive,
approximately 2.5 miles east of the intersection of U.S. Highway 377 and State
Highway 114 in Denton County, Texas.
CITY OF VERNON has applied for a renewal of TPDES Permit No. 10377-001,
which authorizes the discharge of treated domestic wastewater at an annual
average flow not to exceed 2,000,000 gallons per day. The facility is located
approximately 0.8 mile northeast of the intersection of U.S. Highway 283 and
the Fort Worth and Denver Railroad in the City of Vernon in Wilbarger County,
Texas.
Written comments or requests for a public meeting may be submitted to the
Office of the Chief Clerk, at the address provided in the information section
above, WITHIN 30 DAYS OF THE ISSUED DATE OF THIS NOTICE
BASTROP COUNTY WATER CONTROL & IMPROVEMENT DISTRICT NO. 3 has applied
for a minor amendment to the Texas Pollutant Discharge Elimination System
(TPDES) permit to authorize the addition of the alum drip feed system and
the changing of the daily average flow of effluent from 0.085 million gallons
per day (MGD) to 0.055 MGD. The facility is located approximately 400 feet
north of Pearce Lane, 6 miles north of the intersection of Pearce Land and
State Highway 21 and 18 miles west of the City of Bastrop in Bastrop County,
Texas.
TRD-200202355
LaDonna Castañuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: April 16, 2002
Notices mailed during the period April 3, 2002 through April 16, 2002
APPLICATION NO. 5746 Applicants seek authorization to maintain 3 existing
reservoirs on an unnamed tributary of Kickapoo Creek, tributary of the Neches
River, Neches River Basin, for storage of groundwater and subsequent irrigation
of 600 acres out of a 622.281 acre tract located in the T.J. Church Survey,
Abstract 140, and the Ferris Montgomery Survey, Abstract 514, Van Zandt County.
Ownership of the land is evidenced by Warranty Deeds vol 1363, pg 976; vol
1569, pg 76; vol 1440, pg 16; vol 1188, pg 190; vol 1335, pg 194; vol 134,
pg 247; vol 1293, pg 943; vol 1440, pg 657; vol 1340, pg 257; vol 1518, pg
243; and vol 1421, pg 940 as in the records of the Van Zandt County Clerk's
office. The groundwater will be discharged directly into the reservoirs at
the following points and rates: Reservoir 1- Latitude 32.4541 degrees N, Longitude
95.8389 degrees W at 0.668 cfs (300 gpm), Reservoir 2- Latitude 32.4565 degrees
N, Longitude 95.8467 degrees W at 0.557 cfs (250 gpm), and Reservoir 3- Latitude
32.4598degrees N, Longitude 95.8545 degrees W at 0.223 cfs (100 gpm). The
reservoirs are all located approximately 7 miles southeast from Canton, Texas,
and are described as follows: Reservoir 1 has a capacity of 172.7 acre-feet
of water and a surface area of 27.5 acres. Station 3+00 on the centerline
of the dam is N 33 degrees E, 2600 feet from the South corner of the aforesaid
Church Survey, also being Latitude 32.455 degrees N, Longitude 95.838 degrees
W. Reservoir 2 has a capacity of 217.1 acre-feet of water and a surface area
of 24 acres. Station 4+00 on the centerline of the dam is N 13 degrees W,
2900 feet from the South corner of the aforesaid Church Survey, also being
Latitude 32.456 degrees N, Longitude 95.846 degrees W. Reservoir 3 has a capacity
of 41.4 acre-feet of water and a surface area of 9.20 acres. Station 2+00
on the centerline of the dam is N 37 degrees W, 4600 feet from the South corner
of the aforesaid Church Survey, also being Latitude 32.456 degrees N, Longitude
95.852 degrees W. The applicant will divert and use 415 acre-feet of groundwater
per annum for agricultural use from the perimeter of each reservoir at a maximum
diversion rate as follows: 0.557 cfs (250 gpm) from Reservoir 1, 0.334 cfs
(150 gpm) from Reservoir 2, and 0.223 cfs (100 gpm) from Reservoir 3. All
three reservoirs will be maintained full with groundwater. The application
was received on July 6, 2001. The Executive Director reviewed the application
and determined it to be administratively complete on January 2, 2002. Written
public comments and requests for a public meeting should be submitted to the
Office of the Chief Clerk at the address provided in the information section
below within 30 days of the date of newspaper publication of the notice. A
public meeting is intended for the taking of public comment and is not a contested
case hearing. A public meeting will be held if the Executive Director determines
that there is a significant degree of public interest in the application.
The TNRCC may grant a contested case hearing on this application if a written
hearing request is filed within 30 days from the date of newspaper publication
of this notice. The Executive Director may approve the application unless
a written request for a contested case hearing is filed within 30 days after
newspaper publication of this notice.
APPLICATION NO 5769 Kip Estep, P. O. Box 2, Rockwall, Texas, 75087, has
applied to the Texas Natural Resource Conservation Commission (TNRCC) for
a Water Use Permit pursuant to 11.121, Texas Water Code, and Texas Natural
Resource Conservation Commission Rules 30 TAC 295.1, et seq. Pursuant to 30
TAC 295.152 and 295.153 (a) and (b), notice will be published in a newspaper
and mailed to all water right holders of record in the Trinity River Basin.
Applicant seeks authorization to maintain an existing dam and reservoir (referred
to as Gator Lake) on Alder Creek, tributary of Catfish Creek, Tributary of
the Trinity River, Trinity River Basin, Henderson County to impound therein
not to exceed 601 acre-feet of water per annum for recreation and livestock
use. The dam will be located approximately 11.5 miles southeast of Athens,
Texas, in the J. B. Folmar Original Survey, Abstract No. A-945 in Henderson
County. Station 4 + 00 on the centerline of proposed dam is located N 45 degrees
E (bearing), 1,205 feet from the southwest corner of the aforesaid Survey
at Latitude 32.093 degrees N, Longitude 95.704 degrees. The applicant intends
to use an existing 500 to 600 gpm groundwater well to fill and help maintain
the reservoir. Ownership of the land where the dam and reservoir will be located
is evidenced in a Warranty Deed recorded in Volume 1539, Page 340 of the Deed
Records of Henderson County. The application was received on November 6, 2001
The Executive Director of the TNRCC has reviewed the application and has declared
it to be administratively complete on March 25, 2002. Written public comments
and requests for a public meeting should be received in the Office of Chief
Clerk, at the address provided in the information section below, within 30
days of the date of newspaper publication of the notice. A public meeting
is intended for the taking of public comment, and is not a contested case
hearing. A public meeting will be held if the Executive Director determines
that there is a significant degree of public interest in the application.
The TNRCC may grant a contested case hearing on this application if a written
hearing request is filed within 30 days of the date of newspaper publication
of the notice. The Executive Director may approve the application unless a
written request for a contested case hearing is filed.
PROPOSED PERMIT NO. 8223 APPLICATION. Houston Fuel Oil Terminal Company,
16642 Jacintoport Boulevard, Houston, Texas, 77015, has applied to the Texas
Natural Resource Conservation Commission (TNRCC) for a Temporary Water Use
Permit pursuant to Texas Water Code 11.138, and Texas Natural Resource Conservation
Commission Rules 30 TAC 295.1, et seq. Notice should be mailed pursuant to
30 TAC 295.153 (a) and (b) to the water right holders in the vicinity, in
the judgement of the commission, who might be affected. The applicant seeks
to divert 100 acre-feet of water within a period of three years at a rate
of 5.57 cfs (2,500 gpm) at a diversion point located at or near the water
crossing in the vicinity of Interstate 10, located 15.5 miles east of the
city of Houston, Texas, Harris County. The water will be obtained from Buffalo
Bayou, tributary of San Jacinto River, San Jacinto River Basin, Harris County,
and will be used for hydrostatic testing on several newly constructed tanks.
The application was received on February 7, 2002. The Executive Director of
the TNRCC has reviewed the application and has declared it to be administratively
complete on March 18, 2002. Written public comments and requests for a public
meeting should be received in the Office of Chief Clerk, at the address provided
in the information section below, by May 2, 2002. A public meeting is intended
for the taking of public comment, and is not a contested case hearing. A public
meeting will be held if the Executive Director determines that there is a
significant degree of public interest in the application. The TNRCC may grant
a contested case hearing on this application if a written hearing request
is filed by May 2, 2002. The Executive Director may approve the application
unless a written request for a contested case hearing is filed.
APPLICATION NO. 08-2461A City of Dallas, 1500 Marilla, Room 4A North, Dallas,
Texas 75201, applicant seeks to amend Certificate of Adjudication No. 08-2461,
pursuant to Texas Water Code 11.122 and Texas Natural Resource Conservation
Commission Rules 30 TAC 295.1, et seq. Notice should be mailed pursuant to
30 TAC 295.160 to the water right holders in the Trinity River Basin between
the White Rock Lake and the downstream diversion point. Certificate of Adjudication
No. 08-2461 authorizes the City of Dallas to maintain an existing dam and
reservoir known as White Rock Lake on White Rock Creek, a tributary of Trinity
River, in the Trinity River Basin and impound not to exceed 21,345 acre-feet
of water. The City is also authorized to divert and use not to exceed 5,696.8
acre-feet of water per annum for municipal purposes, 6.35 acre-feet of water
per annum for recreational purposes, and 3,000 acre-feet of water per annum
for agricultural purposes from the aforesaid reservoir at a combined maximum
diversion rate of 36.99 cfs (16,000 gpm). The time priority of the owner's
right is April 22, 1914 for municipal and recreational use and August 16,
1982 for agricultural use in Dallas County. Applicant seeks to amend Certificate
of Adjudication No. 08-2461 to authorize the use of the bed and banks of White
Rock Creek to convey agricultural water from White Rock Lake downstream approximately
2 river miles to a diversion point on a reservoir authorized by Water Use
Permit No. 5448 to supply water to the City's Tenison Park Golf Club, in Dallas
County. The City of Dallas will discharge 350 acre-feet of water per annum
from the White Rock Lake dam at a maximum rate of 20 cfs (8,976 gpm) into
White Rock Creek. The discharge point is located 5 miles in a northeast direction
from the courthouse in Dallas County, Texas, also being at 32.82 degrees N
Latitude and 96.72 degrees W Longitude. To account for carriage loss, a maximum
of 332 acre-feet of water per annum will be diverted at a proposed downstream
diversion point on the reservoir in Dallas County at a maximum rate of 20
cfs (8,976 gpm). The proposed diversion point will be located at 32.80 degrees
N Latitude, 96.73 degrees W Longitude, also being approximately 5 miles in
a northeast direction from the courthouse in Dallas County, Texas. The applicant
has estimated a 2 percent carriage loss in the 2 river miles between the discharge
point and the diversion point. The application was received on April 27, 2000.
Additional information was received December 28, 2000, January 22, 2002, February
8, 2002, February 20, 2002, and March 25, 2002. The application was determined
to be administratively complete on March 25, 2002. Written public comments
and requests for a public meeting should be submitted to the Office of the
Chief Clerk, at the address provided in the information section below by May
3, 2002. A public meeting is intended for the taking of public comment, and
is not a contested case hearing. A public meeting will be held if the Executive
Director determines that there is a significant degree of public interest
in the application. The TNRCC may grant a contested case hearing on this application
if a written hearing request is filed by May 3, 2002. The Executive Director
can consider an approval of the application unless a written request for a
contested case hearing is filed by May 3, 2002.
Information Section
A public meeting is intended for the taking of public comment, and is not
a contested case hearing. A public meeting will be held if the Executive Director
determines that there is a significant degree of public interest in an application.
The Executive Director can consider approval of an application unless a
written request for a contested case hearing is filed. To request a contested
case hearing, you must submit the following: (1) your name (or for a group
or association, an official representative), mailing address, daytime phone
number, and fax number, if any: (2) applicant's name and permit number; (3)
the statement [I/we] request a contested case hearing; and (4) a brief and
specific description of how you would be affected by the application in a
way not common to the general public. You may also submit any proposed conditions
to the requested application which would satisfy your concerns. Requests for
a contested case hearing must be submitted in writing to the TNRCC Office
of the Chief Clerk at the address provided in the information section below.
If a hearing request is filed, the Executive Director will not issue the
requested permit and may forward the application and hearing request to the
TNRCC Commissioners for their consideration at a scheduled Commission meeting.
Written hearing requests, public comments or requests for a public meeting
should be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O.
Box 13087, Austin, TX 78711-3087. For information concerning the hearing process,
please contact the Public Interest Counsel, MC 103, at the same address. For
additional information, individual members of the general public may contact
the Office of Public Assistance at 1-800-687-4040. General information regarding
the TNRCC can be found at our web site at www.tnrcc.state.tx.us.
TRD-200202356
LaDonna Castañuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: April 16, 2002
Request for Proposals Rail Coordination Consultant
CONSULTANT PROPOSAL REQUEST
This request by the North Central Texas Council of Governments (NCTCOG)
for consultant services is filed under the provisions of Government Code,
Chapter 2254.
NCTCOG is seeking written proposals from highly qualified firms or individuals
with extensive technical, engineering, and/or legal experience and knowledge
of railroads from both the private and public perspectives. The selected individual
will serve as an extension of NCTCOG staff and assist in the planning and
implementation of passenger and freight rail recommendations contained in
Mobility 2025 Update: The Metropolitan Transportation Plan, which is comprehensive
and integrated in that it recommends a variety of transportation systems to
serve the growing demand for travel in the region. Essential job functions
and required knowledge, skills, and abilities for the selected individual
include, but are not limited to: assisting in the planning and implementation
of regional rail recommendations; serving as a resource to and a liaison between
NCTCOG and the community, government entities, vendors, consultants, contractors,
and others both inside and outside the rail industry; identifying right-of-way
purchases/acquisitions or track improvements that may be necessary for route
extensions; and drafting, negotiating, and executing necessary agreements
and contracts required to facilitate implementation. A knowledge of Federal
Railroad Administration rules and regulations; value assessment practices
for the purpose of right-of-way acquisition; railroad operations, general
business issues, real estate transactions and practices; analytical and creative
ability to find solutions to complex legal, technical, financial, interpersonal,
and professional problems; a demonstrated ability in working effectively with
Federal, State, and local officials with regard to transportation activities;
and knowledge of the Dallas-Fort Worth region.
Due Date
Proposals must be submitted no later than 5 p.m. Central Time on Friday,
May 10, 2002, to Barbara Maley, Principal Transportation Planner, North Central
Texas Council of Governments, 616 Six Flags Drive, Arlington, Texas 76011
or P.O. Box 5888, Arlington, Texas 76005-5888. For more information and copies
of the Request for Proposals, contact Barbara Maley, (817) 695-9278.
Contract Award Procedures
The firm or individual selected to perform this study will be recommended
by a Project Review Committee. The PRC will use evaluation criteria and methodology
consistent with the scope of services contained in the Request for Proposals.
The NCTCOG Executive Board will review the PRC's recommendations and, if found
acceptable, will issue a contract award.
Regulations
NCTCOG, in accordance with Title VI of the Civil Rights Act of 1964, 78
Statute 252, 41 United States Code 2000d to 2000d-4; and Title 49, Code of
Federal Regulations, Department of Transportation, Subtitle A, Office of the
Secretary, Part 1, Nondiscrimination in Federally Assisted Programs of the
Department of Transportation issued pursuant to such act, hereby notifies
all proposers that it will affirmatively assure that in regard to any contract
entered into pursuant to this advertisement, disadvantaged business enterprises
will be afforded full opportunity to submit proposals in response to this
invitation and will not be discriminated against on the grounds of race, color,
sex, age, national origin, or disability in consideration of an award.
TRD-200202360
R. Michael Eastland
Executive Director
North Central Texas Council of Governments
Filed: April 17, 2002
Correction of Error
The Texas Commission on Private Security withdrew proposed amendments to
22 TAC §422.1. The notice of withdrawal was published in the March 8,
2002,
Texas Register
(27 TexReg 1691).
Due to a typographical error, the
Texas Register
printed the date of filing for the notice as February 28, 2001. The
correct date is February 28, 2002.
TRD-200202303
Karen Williams-Jones
Texas Commission on Private Security
Filed: April 12, 2002
Request for Proposal - Dan Kubiak Buffalo Soldiers Heritage Program
The Texas Department of Protective and Regulatory Services (PRS), Division
of Prevention and Early Intervention, is soliciting proposals for the provision
of the Dan Kubiak Buffalo Soldiers Heritage Program. PRS anticipates funding
five contracts as a result of this solicitation. The Request for Proposal
(RFP) will be released on or about April 26, 2002, and will be posted on the
State Internet Site at http://esbd.tbpc.state.tx.us on the date of its release.
Brief Description of Services
: PRS is soliciting
providers for direct delivery of services for the Dan Kubiak Buffalo Soldiers
Heritage Program. This specialized program is designed to develop honor, pride,
and dignity in at-risk youth. Buffalo Soldiers were chosen because of their
rich and significant contributions to our nation and to the history of Texas.
Buffalo Soldiers are a model of courage and leadership from the perspective
of African-American soldiers. The history highlights the struggle of ordinary
men who wielded extraordinary strength and courage to overcome seemingly insurmountable
odds.
Eligible Offerors
: Eligible offerors include
private nonprofit and for-profit corporations, cities, counties, state agencies/entities,
partnerships, and individuals. Historically Underutilized Businesses (HUBs),
Minority Businesses and Women's Enterprises, and Small Businesses are encouraged
to apply.
Deadline for Proposals, Term of Contract, and Amount
of Award
: Proposals will be due June 25, 2002, at 2:00 p.m. Contracts
are anticipated to be funded at $50,000 each. The effective dates of contracts
awarded under this RFP will be September 1, 2002, through August 31, 2003.
Limitations
: The funding allocated for the
contracts resulting from this RFP is dependent on Legislative appropriation.
Funding is not guaranteed at the maximum level, or at any level. PRS reserves
the right to reject any and all offers received in response to this RFP and
to cancel this RFP if it is deemed in the best interest of PRS. PRS also reserves
the right to re-procure this service.
If no acceptable responses are received, or no contract is entered into
as a result of this procurement, PRS reserves the right to procure by non-competitive
means in accordance with the law but without further notice to potential vendors.
Contact Person
: Potential offerors may obtain
a copy of the RFP on or about April 26, 2002. It is preferred that requests
for the RFP be submitted in writing (by mail or fax) to: Jacqueline Gomez
for Vicki Logan; Mail Code E-541; Texas Department of Protective and Regulatory
Services; P.O. Box 149030; Austin, Texas 78714-9030; Fax: 512-438-2031.
TRD-200202366
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Filed: April 17, 2002
The Texas Department of Protective and Regulatory Services (PRS), Division
of Prevention and Early Intervention, is soliciting contractors to provide
Tertiary and Secondary Child Abuse Prevention services. PRS anticipates funding
four contracts in different areas of the state as a result of this solicitation.
The Request for Proposal (RFP) will be released on or about April 19, 2002,
and will be posted on the State Internet Site at http://esbd.tbpc.state.tx.us
on the date of its release.
Brief Description of Services
: PRS is soliciting
four contractors to provide tertiary and secondary child abuse prevention
services through community-based, volunteer- driven programs. Services will
be provided to families with children 0-17 years (with a focus on children
0-12 years) that have received, but are no longer receiving, services through
PRS Child Protective Services (CPS), or where the children have been determined
by CPS to be at risk of abuse or neglect with risk factors controlled. Families
in which child abuse has actually occurred will receive priority for services.
Services required through this solicitation include the following: assessment
of needs of community's abused and at-risk children and their families; implementation
of community- based programs to promote continued risk reduction of child
maltreatment; community collaboration in service provision; area-wide and
statewide networking; provision of qualified staff and volunteers; record
keeping and reports submission; and annual evaluation.
Eligible Offerors
: Eligible offerors include
private nonprofit and for-profit corporations, cities, counties, state agencies/entities,
partnerships, and individuals. Historically Underutilized Businesses (HUBs),
Minority Business and Women's Enterprises, and Small Businesses are encouraged
to apply.
Limitations
: Funding of the selected proposals
will be dependent upon available federal and/or state appropriations. PRS
reserves the right to fund no proposals, or to fund successful proposals at
a lesser dollar amount than the amounts indicated below. PRS reserves the
right to reject any and all offers received in response to this RFP and to
cancel this RFP. PRS also reserves the right to re-procure this service.
If no acceptable responses are received, or no contract is entered into
as a result of this procurement, PRS reserves the right to procure by non-competitive
means in accordance with the law but without further notice to potential offerors.
Deadline for Proposals, Term of Contract, and Amount
of Award
: Proposals will be due June 11, 2002, at 2:00 p.m. The effective
dates of contracts awarded under this RFP will be September 1, 2002, through
August 31, 2003. Proposals submitted must request funding of at least $85,000,
but no more than $100,000. A total of $400,000 is available to fund the services.
Offers will not be accepted if requested PRS funding is less than $85,000
for the period, or more than $100,000.
Contact Person
: Potential offerors may obtain
a copy of the RFP on or about April 19, 2002. It is preferred that requests
for the RFP be submitted in writing (by mail or fax) to: Jacqueline Gomez
for Vicki Logan; Mail Code E-541; Texas Department of Protective and Regulatory
Services; P.O. Box 149030; Austin, Texas 78714-9030; Fax: 512-438-2031.
TRD-200202365
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Filed: April 17, 2002
Notice of Application for Amendment to Service Provider Certificate of Operating Authority
On April 8, 2002, Phone City Communications filed an application with the
Public Utility Commission of Texas (commission) to amend its service provider
certificate of operating authority (SPCOA) granted in SPCOA Certificate Number
60414. Applicant intends to remove the resale-only restriction.
The Application: Application of Phone City Communications for an Amendment
to its Service Provider Certificate of Operating Authority, Docket Number
25706.
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, P.O. Box 13326, Austin, Texas 78711-3326
no later than May 1, 2002. You may contact the commission's Customer Protection
Division at (512) 936-7120. Hearing and speech- impaired individuals with
text telephone (TTY) may contact the commission at (512) 936-7136. All correspondence
should refer to Docket Number 25706.
TRD-200202219
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 10, 2002
On April 9, 2002, McWireless, 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 60500.
Applicant intends to change its name to Phone Mart, Inc.
The Application: Application of McWireless, Inc. for an Amendment to its
Service Provider Certificate of Operating Authority, Docket Number 25715.
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 May 1, 2002. You may contact the PUC Customer Protection
Division at (512) 936-7120. Hearing and speech-impaired individuals with text
telephone (TTY) may contact the commission at (512) 936-7136. All correspondence
should refer to Docket Number 25715.
TRD-200202346
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 16, 2002
On April 10, 2002, Intetech, L.C. 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 60141.
Applicant intends to reflect a change in ownership/control and a name change
to Campus Communications Group, Inc.
The Application: Application of Intetech, L.C. for an Amendment to its
Service Provider Certificate of Operating Authority, Docket Number 25719.
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 May 1, 2002. You may contact the PUC Customer Protection
Division at (512) 936-7120. Hearing and speech-impaired individuals with text
telephone (TTY) may contact the commission at (512) 936-7136. All correspondence
should refer to Docket Number 25719.
TRD-200202347
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 16, 2002
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on April 15, 2002, for a service provider certificate
of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of
the Public Utility Regulatory Act (PURA). A summary of the application follows.
Docket Title and Number: Application of BullsEye Telecom, Inc. for a Service
Provider Certificate of Operating Authority, Docket Number 25748 before the
Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service, and long distance
service.
Applicant's requested SPCOA geographic area includes those areas of Texas
currently served by Southwestern Bell Telephone Company and Verizon Southwest,
Inc.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326,
or call the commission's Customer Protection Division at (512) 936-7120 no
later than May 1, 2002. Hearing and speech- impaired individuals with text
telephone (TTY) may contact the commission at (512) 936-7136.
TRD-200202348
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 16, 2002
The Public Utility Commission of Texas (commission) received a petition
for rulemaking on April 10, 2002, from Southwestern Bell Telephone Company
(SWBT) to adopt a new rule that would establish procedures concerning the
release of subscriber list information to 9-1-1 administrative entities in
non-emergency situations. The petition is assigned Project Number 25717,
Tarrant County 9-1-1 District (TC 9-1-1) seeks access to (1) the automatic
location information (ALI) and/or automatic number information (ANI), including
published telephone numbers, for subscribers of competitive local exchange
carriers (CLECs), and (2), ALI, including non-published numbers, for subscribers
of both CLECs and incumbent local exchange carriers (ILECs). TC 9-1-1 seeks
access to the information to create map addresses in the TC 9-1-1 jurisdiction
to respond accurately and expeditiously to requests for emergency service
following an emergency 9-1-1 telephone call and to conduct a "clean-up" of
its database. TC 9-1-1 wishes to compare its information against the 9-1-1
database files to ensure maximum accuracy.
SWBT believes that Texas law permits the release of such information only
in connection with the provision of emergency services; therefore, SWBT can
release non- published ALI to 9-1-1 entities only after a caller has made
a 9-1-1 emergency call. In addition, SWBT advises that the release of CLEC
subscribers' ALI and/or ANI is limited by SWBT's interconnection agreements
with CLECs and that many of the CLECs do not permit SWBT to share such information
with any third party without the express permission of the CLEC. SWBT requests
a rulemaking to address and approve the disclosure of ANI and ALI information
to 9-1-1 entities, by 9-1-1 database management service providers, in the
absence of a subscriber emergency call without any prior approval.
Comments on the petition may be filed no later than 3:00 p.m. on Friday,
May 17, 2002. Copies of the petition may be obtained from the commission's
Central Records Division, William B. Travis Building, 1701 North Congress
Avenue, P.O. Box 13326, Austin, Texas 78711-3326, or through the Interchange
on the commission's web site at www.puc.state.tx.us. All inquires and comments
concerning this petition for rulemaking should refer to Project Number 25717.
TRD-200202343
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 16, 2002
The Public Utility Commission of Texas (commission) will hold a workshop
regarding municipal authorized review of access line reporting, on Thursday,
May 9, 2002, at 10:00 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 25433,
Rulemaking
to Address Municipal Authorized Review of Access Line Reporting
has
been established for this proceeding. This rulemaking is pursuant to Texas
Local Government Code §283.056(c)(3), which references a municipality's
right "... to conduct an authorized review of the provider to ensure compliance
with the access line reporting requirements of this chapter if commenced within
90 days after the filing of a certificated telecommunications provider's report
of access lines."
By May 3, 2002, the commission requests that certificated telecommunications
providers (CTPs) file non-confidential information including:
1. A description of the processes used to generate the quarterly access
line reports; and
2. A list and general description of each document used in each step of
the process.
The commission further requests CTPs to bring examples of these documents
to the workshop, including documentation regarding how CTPs classify different
services as access lines. These examples may contain fictitious or demonstrative
information to protect the privacy of the end-use customers. Any materials
used by CTPs for training internal staff on access line reporting are also
acceptable and may also be useful.
Responses may be filed by submitting 16 copies to the commission's Filing
Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, PO
Box 13326, Austin, Texas 78711-3326. Electronic copies should also be submitted.
All responses should reference Project Number 25433.
Questions concerning the workshop or this notice should be referred to
Hayden Childs, Telecommunications Policy Analyst, Telecommunications Division,
(512)936-7390 or hayden.childs@puc.state.tx.us. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136.
TRD-200202354
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 16, 2002
The Staff of the Public Utility Commission of Texas (commission) will hold
a workshop regarding revisions to commission substantive rule §26.25,
Issuance and Format of Bills. The commission asks that parties be prepared
to discuss proposed drafts of a revised rule. The commission's workshop will
be held on Friday, May 3, 2002, 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 24524,
Rulemaking to Implement SB 1659, 77th Legislature, Format of Telecommunications
Utility Billing Statements
, has been established for this proceeding.
Interested parties are welcome to come prepared to comment upon commission
staff developed drafts of a revised rule and may propose additional draft
language for revisions at the workshop. A portion of the workshop will be
reserved for open discussion of general or specific issues pertaining to revision
of §26.25 pursuant to SB 1659.
Questions concerning the workshop or this notice should be referred to
Janis Ervin, Telecommunications Division, 512-936-7372. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136.
TRD-200202353
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 16, 2002
Correction of Error
The State Securities Board withdrew proposed amendments to 7 TAC §115.1.
The notice of withdrawal was published in the March 8, 2002,
Texas Register
(27 TexReg 1691).
Due to a typographical error, the
Texas Register
printed the date of filing for the notice as February 28, 2001. The
correct date is February 28, 2002.
TRD-200202302
David Weaver
General Counsel
State Securities Board
Filed: April 12, 2002
Notice of Request for Proposals for Discovery Grants
Notice of Request for Proposals for Discovery Grants (DI 5) to provide
Innovative Telecommunications Technology Solutions in Texas
Introduction
The Telecommunications Infrastructure Fund (TIF) Board announces a Request
for Proposals (RFP) for projects that support and explore cutting edge technology
solutions to everyday problems that arise within the four constituent areas
in the state of Texas.
Eligible Applicants
TIF is, by statute, able to fund four types of entities:
1) Elementary and secondary public school districts and campuses;
2) Institutions of higher education;
3) Libraries; and
4) Public and not-for-profit healthcare facilities and academic health
science centers.
For the purposes of Discovery (DI 5) Grants, only these TIF eligible entities
in Texas are eligible to apply.
Availability of Funds
A total of $5,000,000 is available for funding Discovery (DI 5) Grants
during the 2002 fiscal year. Individual grant awards will be between $100,000
and $500,000.
Review and Award Criteria
Proposals that arrive after the deadline will not be reviewed. Proposals
will be reviewed by a team of reviewers. Proposals will be evaluated using
the criteria and described in the RFP.
Timeline for the RFP Process
Wednesday May 8, 2002 - RFP will be posted on the TIF website (www.tifb.state.tx.us)
Wednesday, May 22, 2002; 5:00 P.M. Central Time - Notice of Intent to Apply
due
Friday June 28, 2002; 5:00 P.M. Central Time - Applications due
Friday August 16, 2002 - Notice of Grant Award
Friday August 30, 2002 - 18-month Grant Term Begins
February 28, 2004 - 18-month Grant Term Ends
To Access the Request for Proposals
The Telecommunications Infrastructure Fund (TIF) Board's Request for Proposals
for Discovery (DI 5) Grants will be posted on the TIF website (www.tifb.state.tx.us)
on Wednesday May 8, 2002. For more information, contact Amy Samet, Grant Administrator,
by e-mail at asamet@tifb.state.tx.us or by phone at (512) 344-4334.
TRD-200202358
Frank Pennington
Director, Finance and Administration
Telecommunications Infrastructure Fund Board
Filed: April 16, 2002
Notice of Sale of Oil, Gas, and Sulphur Lease
The Board of Regents of The Texas A&M University System, pursuant to
provisions of V.T.C.A., Education Code, Chapter 85, as amended, and subject
to all rules and regulations promulgated by the Board of Regents, offers for
sale at public auction in Room 524, System Real Estate Office, The Texas A&M
University System, John B. Connally Building, 301 Tarrow Drive, College Station,
Texas, at 10:00 a.m., Wednesday, May 15, 2002, an oil, gas and sulphur lease
on the following described land in Chambers County, Texas. The property offered
for lease contains 158.90 mineral acres, more or less, of land and more particularly
described as follows:
Being 158.90 acres, more or less, out of the I. & G.N.R.R. Co. Survey
No. 3, and the Benjamin W. Douthit Survey, Chambers County, Texas. The tract
offered is a portion of the Arthur George and Mary Emolene Owen Trust.
The minimum lease terms, which applies to the tract, approved by the Land
and Mineral Resources Committee of the Board of Regents are as follows:
(1) Bonus: $150.00 per net mineral acre
(2) Royalty: 25%
(3) Delay Rental: $10.00 per net mineral acre.
(4) Primary term: Three (3) years
(5) Commitment to Drill: Within first year
(6) Continuous Drilling Commitment: 120 days
(7) Net Mineral Acres: 158.90 (More or Less)
Highest bidder shall pay to the Board of Regents on the day of the sale
25% of the bonus bid, and the balance of the bid shall be paid to Board within
twenty-four (24) hours after notification that the bid has been accepted.
All payments shall be in cash, certified check, or cashier's check as the
Board may direct. Failure to pay the balance of the amount bid will forfeit
to the Board the 25% paid. The Board of Regents of The Texas A&M University
System,
RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS
. The successful bidder will be required to pay all advertising expense.
Further inquiries concerning oil, gas and sulphur leases on System land
should be directed to:
Dan K. Buchly
Assistant Vice Chancellor and Director of Real Estate
System Real Estate Office
The Texas A&M University System
John B. Connally Building, Suite 519
301 Tarrow Drive
College Station, Texas 77840-7896
(979) 458-6350
TRD-200202218
Vickie Burt Spillers
Executive Secretary to the Board
Texas A&M University, Board of Regents
Filed: April 10, 2002
Texas A&M University seeks proposals from consulting firms to assist
in reviewing analyzing and recommending solutions for the University's natural
gas purchases, transportation and storage.
Information may be obtained by contacting Rex Janne, Director of Purchasing
Services, Texas A&M University, P.O. Box 30013, College Station, Texas
77842-0013 or e-mail at r-janne@tamu.edu.
Selection criteria will include competence, experience, knowledge, qualification
and reasonableness of price. Historically Underutilized Businesses are encouraged
to participate in this request for proposal. All things being equal, a preference
will be given to a consultant firm whose principal place of business is within
the State of Texas. Proposals must be received on or before 2:00 p.m., May
20, 2002.
TRD-200202301
Vickie Burt Spillers
Executive Secretary to the Board
Texas A&M University, Board of Regents
Filed: April 12, 2002
Public Notice - Safe Routes to School Meeting
The Texas Department of Transportation (the department) will hold a stakeholder
meeting regarding the Safe Routes to School Program as created by House Bill
2204, 77th Texas Legislature, 2001. By publication in the April 12, 2002,
issue of the
Texas Register
(27 TexReg 3043-3047),
the department proposed rules concerning the Safe Routes to School Program
(43 TAC §11.200, §§25.500-25.504).
The meeting will be held on Thursday, May 23, 2002, at 1:30 p.m. in Room
A1-A on the 1st floor of 200 E. Riverside Dr., Austin, Texas 78704. During
this meeting, the department will discuss comments received in response to
the proposed rules, the department's proposed responses to these comments,
and any other issues that the public wishes to discuss regarding the development
of the Safe Routes to School Program.
Questions concerning the meeting or this notice should be referred to Carlos
Lopez, P.E., Director, Traffic Operations Division, (512) 416-3200 or Meg
Moore, P.E., Traffic Operations Division, (512) 416-3122.
TRD-200202398
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: April 17, 2002
In the April 12, 2002, issue of the
Texas Register
(27 TexReg 3043-3047), the Texas Department of Transportation proposed
amendments to 43 TAC §11.200, concerning the Statewide Transportation
Enhancement Program, amendments to 43 TAC §§25.500-25.503, and new §25.504,
concerning the Safe Routes to School Program. The department is extending
the public comment period for these proposed rules from May 13, 2002, to May
31, 2002.
TRD-200202399
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: April 17, 2002
The Airport Sponsors listed, through their agent, the Texas Department
of Transportation (TxDOT), intend to engage Aviation Professional Engineering
Firms for services pursuant to Chapter 2254, Subchapter A, of the Government
Code. TxDOT Aviation Division will solicit and receive qualifications for
professional engineering design services as described in the project scope
for each project listed.
Airport Sponsor: City of Fort Worth, Fort Worth - Spinks Airport. TxDOT
CSJ No.: 0202FWSPK. Project Scope: Provide drainage improvements. Project
Manager: Alan Schmidt.
Airport Sponsor: County of Live Oak, George West Municipal Airport. TxDOT
CSJ No. 0216GWEST. Project Scope: Provide engineering/design services to extend
Runway 13-31; widen Runway 13-31; construct turnaround; extend Medium Intensity
Runway Lights Runway 13-31; relocate Medium Intensity Runway Lights Runway;
and install erosion/sedimentation controls. At the sponsor's discretion, selection
will be made from qualification statements. Project Manager: John Wepryk.
Interested firms shall utilize the Form 439, titled "Aviation Engineering
Services Questionnaire", (August 2000 version). The forms may be requested
from TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483,
Phone number, 1-800-68-PILOT (74568). The form may be e-mailed by request
or downloaded from the TxDOT web site, URL address
http://www.dot.state.tx.us./insdtdot/orgchart/avn/avninfo/avninfo.htm
Download the file from the selection "Engineer Services Questionnaire Packet".
The form may not be altered in any way, and all printing must be in black.
QUALIFICATIONS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.
(Note: The form is an MS Word, Version 7, document).
Two completed, unfolded copies of Form 439 (August 2000 version), for
E-MAIL DELIVERY OPTION
Your form 439 may
be e-mailed to TxDOT, at e-mail address:
AVNRFQ@dot.state.tx.us
E-mails must be
received by midnight
May
9, 2002. Received times will be determined by the marked time and date as
the e-mail is received into the TxDOT network system. Please allow sufficient
time to ensure delivery into the TxDOT system by the deadline. After receipt,
you will be electronically notified of receipt by return email. Return notification
may be delayed by a day or two, as the forms will be opened and printed at
the TxDOT offices. Before e-mailing the form, please confirm your completion
of the form. TxDOT will directly print the transmittal and
not change the formatting or information contained on the form following receipt
. Signatures will not be required on electronically submitted forms.
You may type in the responsible party's name on the signature line.
Each airport sponsor's duly appointed committee will review all professional
qualifications and may select three to five firms to submit proposals. Those
firms selected will be required to provide more detailed, project-specific
proposals which address the project team, technical approach, Disadvantage
Business Enterprise (DBE) participation or Historically Underutilized Business
(HUB) participation, design schedule, and other project matters, prior to
the final selection process. The final engineer selection by the sponsor's
committee will generally be made following the completion of review of Request
for Qualification statements/proposals and/or engineer interviews. Each airport
sponsor reserves the right to reject any or all statements of qualifications,
and to conduct new professional services selection procedures.
If there are any procedural questions, please contact Karon Wiedemann,
Director, Grant Management, or the designated Project Manager for technical
questions at 1-800-68-PILOT (74568).
TRD-200202367
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: April 17, 2002
Comptroller of Public Accounts
Office of Consumer Credit Commissioner
Credit Union Department
Texas Department of Criminal Justice
Cancellation Notice
Corrected Notice to Bidders
Deep East Texas Local Workforce Development Board
Texas Education Agency
Request for Applications Concerning Public Charter Schools Dissemination Grant
Office of the Governor
Texas Department of Health
Notice of Intent to Revoke the Certificate of Registration of R.B. Russell, D.D.S.
Notice of Intent to Revoke Certificates of Registration
Notice of Intent to Revoke Radioactive Material Licenses
Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on Gilbert Texas Construction, L.P.
Notice of Revocation of the Certificate of Registration of Jerry Watkins, R.T., dba Cornerstone Mobile X-Ray
Texas Department of Housing and Community Affairs
Texas Department of Human Services
Texas Health and Human Services Commission
Texas Department of Insurance
Notice
Third Party Administrator Applications
Texas Lottery Commission
Instant Game Number 285 "Boots, Buckles & Bucks"
Instant Game Number 713 "Stash of Cash"
Texas Natural Resource Conservation Commission
Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions
Notice of Public Hearing (Chapter 101)
Notice of Public Hearing (Chapters 1, 39, and 116)
Notice of Public Hearing (Chapters 5 and 20)
Notice of Public Hearing on Proposed Revisions to 30 TAC Chapters 21, 220, and 305
Notice of Public Hearing on Proposed Revisions to 30 TAC Chapter 90
Notice of Public Hearing on Proposed Revisions to 30 TAC Chapter 312
Notice of Water Quality Applications
Notice of Water Rights Application
North Central Texas Council of Governments
Texas Commission on Private Security
Texas Department of Protective and Regulatory Services
Request for Proposal - Tertiary and Secondary Child Abuse Prevention Programs
Public Utility Commission of Texas
Notice of Application for Amendment to Service Provider Certificate of Operating Authority
Notice of Application for Amendment to Service Provider Certificate of Operating Authority
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Petition for Rulemaking Regarding Release of Subscriber List Information to 9-1-1 Administrative Entities
Public Notice of Workshop and Request for Comments Regarding Rulemaking to Address Municipal Authorized Review of Access Line Reporting
Public Notice of Workshop for Rulemaking Regarding Format of Telecommunications Utility Billing Statements
State Securities Board
Telecommunications Infrastructure Fund Board
Texas A&M University, Board of Regents
Request for Proposal
Texas Department of Transportation
Public Notice - Statewide Transportation Enhancement
Request for Qualifications for Engineering Services - Aviation Division
The University of Texas System