TITLE in-addition

Texas State Affordable Housing Corporation

Notice of Public Hearing

Notice is hereby given of a public hearing to be held by the Texas State Affordable Housing Corporation (the "Issuer") on February 26, 2002 at Noon, at the Thousand Oaks El Sendero Library, 4618 Thousand Oaks, San Antonio, Texas, 78233, with respect to an issue of multifamily housing revenue bonds (the "Bonds") to be issued by the Issuer in one or more series in an aggregate principal amount not to exceed $14,000,000, the proceeds of which will be loaned to San Antonio Low Income Housing LLC, (or a related person or affiliate thereof) (the "Borrower"), a Texas limited liability company, whose sole member is a Texas non-profit corporation exempt from federal income taxation pursuant to Section 501(c)(3) of the Internal Revenue Code, to finance the acquisition and rehabilitation of a multifamily housing property (the "Property") located in the city of San Antonio, Texas. The public hearing, which is the subject of this notice, will concern the Worthing Oaks Apartments, containing 346 units, located in Bexar County, at 3270 Nacogdoches, San Antonio, Texas. The Property will be owned by Borrower.

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

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

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

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

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

TRD-200200344

Barbara Jantz

Vice President

Texas State Affordable Housing Corporation

Filed: January 23, 2002


Ark-Tex Council of Governments

Request for Vendor Proposal for Procurement of Computer Equipment and Peripherals

The Ark-Tex Council of Governments (ATCOG) is soliciting proposals for the procurement of computer equipment, and printers.

The project is seeking eight (8) Pentium IV 1.6GHz or better desktop computers, eight (8) Hewlett Packard 940C DeskJet printers with USB cables, and twelve (12) months of dial-up unlimited Internet access for each computer. The proposal solicited will be for equipment, delivery, and three (3) years warranty service on all parts and labor, and three (3) years on-site service and lifetime technical support.

Potential respondents may obtain a copy of the request for proposal by contacting Bill Moss or Brenda Stone, Ark-Tex Council of Governments, P.O. Box 5307, Texarkana, Texas 75505-5307, or call (903) 832-8636. The deadline for proposal submission is Thursday, February 14, 2002, at 5:00 p.m.

TRD-200200331

L. D. Williamson

Executive Director

Ark-Tex Council of Governments

Filed: January 23, 2002


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 January 11, 2002, through January 17, 2002. The public comment period for these projects will close at 5:00 p.m. on February 22, 2002.

FEDERAL AGENCY ACTIONS:

Applicant: Panaco Production Company; Location: The project is located in State Tract 88 in Galveston Bay. Approximate UTM Coordinates: Zone: 15; Easting: 321404; Northing: 3278941. The proposed well Number 14 would be located at coordinates X=3,319,812; Y=676,384. The proposed platform would be located 200 feet from the well, and the pipeline would terminate at coordinates X=3,322,452; Y=675,918, in Chambers County, Texas. The site can be located on the U.S.G.S. quadrangle map entitled: Umbrella Point. Texas. CCC Project No.: 02-0014-F1; Description of Proposed Action: The applicant proposes to drill State Tract 88 Well Number 14. If it becomes necessary to stabilize the drilling barge, the applicant requests authorization to install a 250- by 100-foot shell pad. If the well is successful, a well protection structure, a 40- by 30- foot production platform, and two 6-inch pipelines, approximately 2,680-feet long will be installed. The pipelines will be installed by jetting to a minimum depth of 3-feet below the bay bottom. Approximately 1,389 cubic yards of shell will be required for the shell pad and jetting pipelines would temporarily disturb approximately 893 cubic yards of water bottom. Type of Application: U.S.A.C.E. permit application #09219(16)/022 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403). 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: BNP Petroleum Corporation; Location: The project is located in State Tracts 145 and 146 in the Laguna Madre off the Pure Oil Channel, approximately 5 miles south of Corpus Christi, in Kleberg County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Pita Island, Texas. Approximate UTM Coordinates: Zone 14; Easting: 667000; Northing: 3046000. CCC Project No.: 02-0015-F1; Description of Proposed Action: The applicant proposes to directionally drill a well from a surface location in State Tract 146 to a bottom location in State Tract 145. The applicant will need 4 to 7 barges during drilling operations for storage and removal of drill cuttings, work decks, material storage, and other general purposes. To provide equipment access to the drill site, the applicant proposes to dredge the existing Pure Oil Channel (60 feet wide by 7,000 feet long) and the trapezoid-shaped work basin (160 feet wide by 345 feet long) at its terminus to -5.0 feet MLT. Approximately 30,000 cubic yards of material will be mechanically excavated from the channel and basin. Silt screen fences will be placed along the north and south edges of the channel as well as around the basin area during dredging operations. The fences will be 6 feet tall and will extend from the bay bottom to the water surface. They will be held in place by 2-inch wooden stakes placed 10 feet apart and placed on the channel-ward side at the edge of seagrass areas in 500-foot-long sections. The sections will be moved along the channel as the dredging operation progresses. Excavated material will be placed into barges with 24-inch fenders and lined with plastic filter cloth and filled to no more than half of their total capacity. Four 3-pile mooring clusters will be placed at the entrance of Pure Oil Channel to provide temporary docking for standby tugboats and barges. Loaded material will be transported via the Gulf Intracoastal Waterway to the Texas Crude dock in Flour Bluff and placed into leveed areas at the dock facility for primary dewatering. The leveed areas will have at least a 500-foot-buffer area separating them from any residential or heavily occupied commercial area. Effluent discharge will be controlled with the use of a hay bale perimeter. After initial drying is completed, excavated material will be transferred by truck to an upland location for secondary drying and disposal. The location for secondary dewatering and disposal of the excavated material will be on the Clower property off Laguna Shore Road. The secondary dewatering facility will have a leveed containment area along with an effluent control system and a 500-foot buffer area from houses to protect against odor nuisance from the excavated material. Should commercial production occur, a 40- by 40-foot overwater production platform will be constructed at the well site and two 3-pile mooring clusters, 50 feet apart, will be placed on the north side of the Pure Oil Channel west of the platform. Either a 3- or 4-inch diameter pipeline, approximately 5,500 feet long, will be constructed along the base of the toe of the north side slope of the Pure Oil Channel to convey natural gas from the platform to existing gas transmission lines on the King Ranch. Produced water and condensate will be transferred from the platform via pipeline to a liquid storage facility in an existing channel that intersects the Pure Oil Channel approximately 1 mile southeast of the proposed drill site. The pipeline will be a 4-inch diameter line, approximately 5,250 feet long, placed along the north side of the channel at the base of the toe of the side slope. Transferred liquid will be held in storage tanks on a WASKEY-type concrete production deck and transported from the facility using barges and tugs as needed. Seagrasses will be monitored by pre-and post-construction surveys, as described in the plans. If damage to seagrasses occurs, the applicant will provide mitigation at a 3:1 ratio. If required, mitigation will commence within 60 days of approval of a suitable site and completed within 180 days of initiation of the proposed project. The applicant proposes to begin operations in Spring 2002, if authorized. Type of Application: U.S.A.C.E. permit application #22518 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.

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-200200336

Larry R. Soward

Chief Clerk, General Land Office

Coastal Coordination Council

Filed: January 23, 2002


Comptroller of Public Accounts

Notice of Request for Proposals

Pursuant to Chapter 2254, Subchapter B, and Sections 403.011 and 403.020, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces the issuance of a Request for Proposals (RFP #137a) from qualified, independent firms to provide consulting services to Comptroller. The successful respondent will assist Comptroller in conducting a management and performance review of the North Forest Independent School District (North Forest ISD). Comptroller reserves the right, in its sole discretion, to award one or more contracts for a review of the North Forest ISD included in this RFP. The successful respondent(s) will be expected to begin performance of the contract or contracts, if any, on or about March 15, 2002.

Contact: Parties interested in submitting a proposal should contact Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., ROOM G-24, Austin, Texas, 78774, telephone number: (512) 305-8673, to obtain a copy of the RFP. Comptroller will mail copies of the RFP only to those specifically requesting a copy. The RFP was made available for pick-up at the above-referenced address on Friday, February 1, 2002, between 2 p.m. and 5 p.m., Central Zone Time (CZT), and during normal business hours thereafter. Comptroller also made the complete RFP available electronically on the Texas Marketplace at: http://esbd.tbpc.state.tx.us after 2 p.m. (CZT) on Friday, February 1, 2002.

Mandatory Letters of Intent and Questions: All Mandatory Letters of Intent and questions regarding the RFP must be sent via facsimile to Mr. Harris at: (512) 475-0973, not later than 2:00 p.m. (CZT), on Friday, February 15, 2002. Official responses to questions received by the foregoing deadline will be posted electronically on the Texas Marketplace no later than February 19, 2002, or as soon thereafter as practical. Mandatory Letters of Intent received after the 2:00 p.m., February 15th deadline will not be considered. Respondents shall be solely responsible for confirming the timely receipt of Mandatory Letters of Intent to propose.

Closing Date: Proposals must be received in Assistant General Counsel's Office at the address specified above (ROOM G-24) no later than 2 p.m. (CZT), on Tuesday, February 26, 2002. Proposals received after this time and date will not be considered. Proposals will not be accepted from respondents that do not submit mandatory letters of intent by the February 15, 2002, deadline. Respondents shall be solely responsible for confirming the timely receipt of proposals.

Evaluation and Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria and procedures set forth in the RFP. Comptroller will make the final decision regarding the award of a contract or contracts. Comptroller reserves the right to award one or more contracts under this RFP.

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

The anticipated schedule of events is as follows: Issuance of RFP - February 1, 2002, 2 p.m. CZT; All Mandatory Letters of Intent and Questions Due - February 15, 2002, 2 p.m. CZT; Official Responses to Questions Posted - February 19, 2002, or as soon thereafter as practical; Proposals Due - February 26, 2002, 2 p.m. CZT; Contract Execution - March 14, 2002, or as soon thereafter as practical; Commencement of Project Activities - March 15, 2002.

TRD-200200318

William Clay Harris

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: January 23, 2002


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the period of 01/28/02 - 02/03/02 is 18% for Consumer 1 /Agricultural/Commercial2 /credit thru $250,000.

The weekly ceiling as prescribed by Sections 303.003 and 303.09 for the period of 01/28/02 - 02/03/02 is 18% for Commercial over $250,000.

1 Credit for personal, family or household use.

2 Credit for business, commercial, investment or other similar purpose.

TRD-200200333

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: January 23, 2002


Texas Education Agency

Notice of Correction: Request for Applications (RFA) Concerning State Engineering and Science Recruitment (SENSR) Fund, 2001-2002

The Texas Education Agency (TEA) published Request for Proposals (RFP) #701-02-013 concerning the State Engineering and Science Recruitment (SENSR) Fund, 2001-2002, in the January 4, 2002, issue of the Texas Register (27 TexReg 312) and a correction to this notice was published in the January 18, 2002, issue of the Texas Register (27 TexReg 499).

The TEA is amending the Dates of Project paragraph in the Texas Register Notice to read, "The State Engineering and Science Recruitment (SENSR) Fund project will be implemented during the 2001-2002 school year. Applicants should plan for a starting date of no earlier than February 22, 2002, and an ending date of August 31, 2002. Project funding in the second year will be based on satisfactory progress of the first-year objectives and activities and on general budget approval by the State Board of Education, the commissioner of education, and the state legislature." This correction reflects a change from the previous implementation dates of the 2001-2002 and 2002-2003 school years and the previous project ending date of August 31, 2003.

Further Information. For clarifying information about the RFA, contact Walter Tillman, Division of Continuing Education and School Improvement, TEA, (512) 475-0228.

TRD-200200337

Cristina De La Fuente-Valadez

Manager, Policy Planning

Texas Education Agency

Filed: January 23, 2002


State Employee Charitable Campaign

Public Notice

The State Policy Committee of the State Employee Charitable Campaign is seeking applications from statewide federations and funds meeting charity eligibility requirements found in Texas Government Code Annotated, Section 659.131 et seq. (Vernon 1994 & Supp. 1998). Applications are available from, and questions may be referred to, the current state campaign manager, 512/478-6601. Completed applications must be received in the office at 3724 Executive Center Drive, Suite 210, Austin, Texas, 78731, no later than 3:00 p.m. on Friday, February 22, 2002.

TRD-200200338

Janelle Williams

Vice President, Development

State Employee Charitable Campaign

Filed: January 23, 2002


Office of the Governor

Request for Grant Applications (Discretionary Projects) for Juvenile Accountability Incentive Block Grant (JAIBG) Fund Programs

The Criminal Justice Division of the Governor's Office is soliciting applications for projects to develop programs to assist in enforcing underage drinking laws; thereby, addressing the following JAIBG Purpose Areas: (1) Purpose Area # 2 - Developing and administering accountability-based sanctions for juvenile offenders. (2) Purpose Area # 11 - Establishing and maintaining accountability-based programs that work with juvenile offenders who are referred by law enforcement agencies, or that are designed, in cooperation with law enforcement officials, to protect students and school personnel from drug, gang, and youth violence.

Purpose: Projects must use an interdisciplinary approach to review research on the problem of underage drinking and develop appropriate initiatives for their community, including strict law enforcement of liquor laws specifically for youth under the age of 21, and public education/awareness. For example, within a given community grant funds could be used to create or expand a task force of state and local enforcement and prosecution agencies to target establishments suspected of a pattern of violations of state laws. Other grant activities could include sharing of records among agencies; informing both establishments and minors of the consequences of illegal sales and purchases; and prosecuting those who illegally sell and purchase alcoholic beverages. The ultimate goal is to create a community climate of zero tolerance toward underage drinking.

Available Funding: Available funding is authorized under the Juvenile Accountability Incentive Block Grant funds made available by the 25% retained by the state from the full allocation; thereby, falling under the state's Juvenile Crime Enforcement Plan. Approximately $250,000 will be made available for local projects. Applicants must be able to provide a 10% cash match of total project costs.

Standards: Grantees must comply with the applicable grant management standards adopted under the Texas Administrative Code Section 3.19, which are hereby adopted by reference unless otherwise noted.

Prohibitions: None-There are no further requirements to have a Juvenile Crime Enforcement Plan, a Juvenile Crime Enforcement Coalition, nor specific JAIBG purpose areas to be addressed other than purpose areas # 2 and # 11. The Governor's Juvenile Justice Advisory Board serves as the Juvenile Crime Enforcement Coalition, which creates a plan that addresses the purposes areas named above.

Eligible Applicants: Cities, counties, local law enforcement agencies, state agencies, colleges/universities, and school districts.

Project Period: Projects to begin no later than May 1, 2002.

Application Process: Eligible applicants can access the Juvenile Accountability Incentive Block Grant for Discretionary Projects application kit through the Office of the Governor's web site address located at http://www.governor.state.tx.us.

Preferences: Preference will be given to those applicants that can demonstrate need utilizing verifiable data; establishing an overall goal; implementation of research based or promising approaches/activities; establish obtainable outcome measures with an evaluation plan; and can demonstrate a collaborative effort towards enhancing underage drinking laws. Also, weighted value will be given to those projects that target younger children and high school youth.

Closing Date for Receipt of Applications: All original applications, plus an additional copy, must be submitted directly to the Governor's Criminal Justice Division postmarked on or before March 31, 2002.

Selection Process: Completed applications will be reviewed for eligibility and cost effectiveness CJD and by a peer group consisting of alcohol and substance abuse enforcement, prevention, and treatment agencies and organizations. The Executive Director of CJD will make all final funding decisions.

Contact Person: If additional information is needed contact Louri O'Leary at (512) 463-1919.

TRD-200200330

David Zimmerman

Assistant General Counsel

Office of the Governor

Filed: January 23, 2002


Request for Grant Applications for Juvenile Justice and Delinquency Prevention Act (JJDP), Part E Challenge Programs

The Criminal Justice Division of the Governor's Office is soliciting applications for projects to develop programs to address the need for increasing aftercare services for juveniles involved in the justice system and developing and adopting policies to prohibit gender bias in placement and treatment and establishing programs to ensure that female youth have full access to social services under the federal fiscal year 2001 for JJDP-Challenge Program.

Purpose: The purpose of the program is to provide funds to develop programs to address the need for increasing aftercare services for juveniles involved in the justice system and developing and adopting policies to prohibit gender bias in placement and treatment and establishing programs to ensure that female youth have full access to social services; thereby, addressing the following Challenge Activities: (1) Activity I - Increasing aftercare services for juveniles involved in the justice system by establishing programs and developing and adopting policies to provide comprehensive health, mental health, education, and vocational services and services that preserve and strengthen the families of such juveniles. (2) Activity E - Developing and adopting policies to prohibit gender bias in placement and treatment and establishing programs to ensure that female youth have full access to the full range of health and mental health services, treatment for physical or sexual assault and abuse, self-defense, instruction, education in parenting, education in general, and other training and vocational services. Projects must use an interdisciplinary approach to review research on the need for aftercare for juvenile offenders and gender-specific programming.

Available Funding: Available funding is authorized under the Juvenile Justice and Delinquency Prevention and Grant Funds made available to states to address at least one of the ten Challenge Activities specified in the Act. Approximately $650,000 will be made available for local or statewide projects. CJD will use 60% of the available funds for Activity I and 40% of available funds for Activity E as noted above. Applicants may select to address at least one activity or combine both activities while giving emphasis on Activity I.

Standards: Grantees must comply with the applicable grant management standards adopted under the Texas Administrative Code Section 3.19, which are hereby adopted by reference unless otherwise noted.

Prohibitions: None.

Eligible Applicants: State agencies, nonprofit organizations, local units of government, faith-based organizations, crime-control prevention districts, Native American tribal governments, councils of governments, universities, independent school districts, and juvenile boards.

Project Period: Projects to begin no later than May 1, 2002.

Application Process: Eligible applicants can access the Youth-Related, Juvenile Justice, and Criminal Justice Projects application kit for State Fiscal Year 2003 through the Office of the Governor's web site address located at http://www.governor.state.tx.us.

Preferences: Preference will be given to those applicants that can demonstrate need utilizing verifiable data; establishing an overall goal; implementation of research based or promising approaches/activities; establish obtainable outcome measures with an evaluation plan; and can demonstrate a collaborative effort addressing the challenge activities. Priority will be given to those applicants that encompass both activities while giving greater emphasis to Activity I.

Closing Date for Receipt of Applications: All original applications, plus an additional copy, must be submitted directly to the Governor's Criminal Justice Division postmarked on or before March 31, 2002.

Selection Process: Completed applications will be reviewed for eligibility and cost effectiveness CJD and by a peer review group selected by the Executive Director. The Executive Director of CJD will make all final funding decisions.

Contact Person: If additional information is needed contact Louri O'Leary at (512) 463-1919.

TRD-200200329

David Zimmerman

Assistant General Counsel

Office of the Governor

Filed: January 23, 2002


Texas Department of Health

Licensing Actions for Radioactive Materials

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TRD-200200317

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: January 23, 2002


Texas Health and Human Services Commission

Notice of Rate Hearing

A rate hearing on Reimbursement for Institutions for Mental Diseases (IMD) will be held on February 11, 2002 at 10:30 a.m. in Room 2-328 of the Texas Department of Mental Health and Mental Retardation main Central Office Building located at 909 West 45th Street, Austin, Texas 78751.

Written comments may be submitted to Health and Human Services Commission Medicaid Rate Setting Section, c/o Medicaid Administration, Texas Department of Health and Mental Retardation, P.O. Box 12668, Austin, Texas 78711-2668, or faxed to (512) 206-5693. Hand deliveries will be accepted at 909 West 45th Street, Austin, Texas 78751. Comments must be received by noon on February 11, 2002. Interested parties may obtain a copy of the reimbursement-briefing package by calling the Reimbursement and Analysis Section at (512) 206-5753.

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

Reimbursement for Institutions for Mental Diseases (IMD)

The commission proposes that the following reimbursement amount will be effective September 1, 2001 through August 31, 2002: $406.34 per day.

The proposed rate was determined to be in compliance with the rate setting methodology codified at 1 T.A.C. ch. 355, subch. F. 355.761.

TRD-200200335

Marina S. Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Filed: January 23, 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. This RFP is issued to invite potential contractors to submit proposals to perform independent cost savings evaluations of the Texas Medicaid Vendor Drug Program. HHSC is interested in obtaining consulting services and analysis, along with a data management software system, that will assist with the reduction of Program costs. Respondents must be Qualified Information System Vendors certified by the Texas Building and Procurement Commission.

The RFP will be available on the Texas Marketplace: http://www.marketplace.state.tx.us on or about January 22, 2002. The RFP also will be available on the HHSC website: http://www.hhsc.state.tx.us on or about January 22, 2002.

The successful respondent will be expected to begin performance of the Contract on or about March 1, 2002.

Parties interested in submitting a proposal should contact Melissa Rowan, Health and Human Services Commission, 4900 North Lamar, 4th Floor, Austin, Texas, 78751, telephone number: (512) 424-6556, regarding the request. HHSC will provide further information only to those specifically requesting it. All questions must be sent in writing to Melissa Rowan.

To be considered, all proposals must be received at the foregoing address in the issuing office on or before 5:00 p.m. Central Time on February 22, 2002. Proposals received after this time and date will not be considered.

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. 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.

The anticipated schedule of events is as follows: Issuance of RFP - January 22, 2002; Deadline for Proposals - 5:00 p.m., February 22, 2002; Contract Execution - February 28, 2002, or as soon thereafter as practical; Commencement of Project Activities - March 1, 2002.

TRD-200200316

Marina S. Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Filed: January 22, 2002


Texas Department of Housing and Community Affairs

Multifamily Housing Revenue Bonds (Mountain Creek Apartments) Series 2002

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Department") at the Duncanville Public Library Community Center, 201 James Collins, Duncanville, Texas 75116 at 6 p.m. on February 19, 2002 with respect to an issue of tax-exempt multifamily residential rental project revenue bonds in the aggregate principal amount not to exceed $15,000,000 and taxable bonds, if necessary, in an amount to be determined, to be issued in one or more series (the "Bonds"), by the Texas Department of Housing and Community Affairs (the "Issuer"). The proceeds of the Bonds will be loaned to Mountain Creek Apartments L.P., a limited partnership, or a related person or affiliate thereof (the "Borrower") to finance a portion of the costs of acquiring, constructing and equipping a multifamily housing project (the "Project") described as follows: 280-unit multifamily residential rental development to be constructed on approximately 26.3496 acres of land located on the northwest corner of the intersection of Camp Wisdom Road and Clark Road, a part of Block 8680 and Block 8721 of Camp Wisdom Road in Dallas, Dallas County, Texas 75236. The project will be initially owned and operated by the Borrower.

All interested parties are invited to attend such public hearing to express their views with respect to the Project and the issuance of the Bonds. Questions or requests for additional information may be directed to Robert Onion at the Texas Department of Housing and Community Affairs, 507 Sabine, Austin, Texas 78701; (512) 475-3872 and/or ronion@tdhca.state.tx.us.

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

Individuals who require auxiliary aids in order to attend this meeting should contact 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-200200340

Ruth Cedillo

Acting Executive Director

Texas Department of Housing and Community Affairs

Filed: January 23, 2002


Request for Proposals from Asset Managers to Provide Asset Oversight Services

SUMMARY. The Texas Department of Housing and Community Affairs (the "Department" or "TDHCA") hereby requests proposals from qualified asset management firms to provide services and reports relating to various multifamily rental properties in Texas financed through TDHCA. TDHCA intends to select one or more firms who would serve in the capacity of an Asset Oversight Agent who would be assigned to oversee and report on specific properties within the Department's portfolio. Firms wishing to respond may request a copy of the Request for Proposals from the Department. The asset oversight function in general entails reviewing the physical condition and management practices of multifamily properties, and providing annual reports of the findings and recommendations to TDHCA and the property owners.

DEADLINE FOR SUBMISSION The deadline for submission in response to the Request for Proposals is 5:00 p.m. Central Standard Time, March 1, 2002. No proposal received the after deadline will be considered.

Firms interested in submitting a proposal should contact Stephen Apple, Multifamily Finance Division of TDHCA, at (512) 475-3357, 507 Sabine, Suite 800, P. O. Box 13941, Austin, Texas 78711-3941 for a complete copy of the RFP, or send their request via email to: sapple@tdhca.state.tx.us. Communication with any member of the board of directors concerning any matter related to this request for proposals is grounds for immediate disqualification.

TRD-200200228

Ruth Cedillo

Acting Executive Director

Texas Department of Housing and Community Affairs

Filed: January 17, 2002


Houston-Galveston Area Council

Request for Proposal

AGENCY:

The Houston-Galveston Area Council (H-GAC)

CONTACT:

ILyas H.Choudry

Senior Transportation Engineer

3555 Timmons Lane, Suite 500

Houston, Texas, 77027

(713) 993-4564

DESCRIPTION:

The Houston-Galveston Area Council (H-GAC) as the Metropolitan Planning Organization (MPO) is requesting written proposals to perform data collection for its annual TCM monitoring activity and its Transportation Safety and Hazardous Elimination Program Pilot Study. The Request for Proposal (RFP) can be reviewed on H-GAC's web page at http://www.hgac.cog.tx.us/transportation/. Also, a copy of the RFP can be obtained at the H-GAC offices at 3555 Timmons Lane, Suite 500, Houston, Texas, 77027, or by contacting Mr. ILyas Choudry at (713) 993-4564.

A pre-proposal meeting is scheduled for Thursday, February 07, 2002 at 2:00 p.m. at H-GAC's Conference Room "C" (Second Floor of 3555 Timmons Lane, Houston, Texas 77027). Questions from consultants concerning any aspect of the RFP will be addressed during this meeting. Please RSVP to Mr. ILyas Choudry at (713) 993-4564, if you plan to attend. The deadline for the submission of this proposal is Wednesday, February 20, 2002 no later than 4:00PM CST.

TRD-200200301

Alan Clark

MPO Director

Houston-Galveston Area Council

Filed: January 22, 2002


Texas Department of Insurance

Amended Notice of Public Hearing

Notice of hearing for the docket 2514 was previously published in the January 25, 2002 issue of the Texas Register (27 TexReg 646). The following is a corrected version of the notice of hearing.

The Commissioner of Insurance will hold a public hearing under Docket No. 2514 on February 12, 2002 at 9:30 a.m. in Room 100 of the William P. Hobby, Jr. State Office Building, in Austin, Texas, to consider a petition by the Texas Windstorm Insurance Association (TWIA) requesting approval of (i) reinsurers to provide per risk reinsurance coverage to TWIA policyholders and (ii) the payment to the TWIA that may be included in the total premium charged by the TWIA for per risk reinsured excess coverage as authorized in Article 21.49, §8E of the Insurance Code. Section 8E of Article 21.49 of the Insurance Code authorizes the TWIA to issue a policy of windstorm and hail insurance that includes coverage for an amount in excess of the maximum limit of liability approved by the Commissioner pursuant to Article 21.49 §8D of the Insurance Code. The proposed reinsurance program will enable TWIA policyholders who need limits of liability in excess of the maximum limits of liability currently available through the TWIA to purchase additional windstorm and hail insurance coverage from the TWIA up to the amount of reinsured excess coverage available to the individual risk under the reinsured excess coverage program.

Under Article 21.49, §8E(a), the TWIA must obtain such reinsured excess coverage from a reinsurer approved by the Commissioner. Article 21.49, §8E(b), provides that the premium charged by TWIA for the excess coverage shall be equal to the amount of the reinsurance premium charged to the TWIA by the reinsurer, plus any payment to the TWIA that is approved by the Commissioner.

The current reinsurance program, which was approved by the Commissioner in Commissioner's Order No 01-0054 (January 22, 2001), expires on December 31, 2001. The new program is proposed to be effective on January 1, 2002.

The hearing is held pursuant to the Insurance Code, Article 21.49, §5A which provides that the Commissioner, after notice and hearing, may issue any orders considered necessary to carry out the purposes of Article 21.49 (Texas Windstorm Insurance Association Act), including, but not limited to, maximum rates, competitive rates, and policy forms. Any person may appear to testify for or against the approval of the proposed reinsurance program.

Copies of the TWIA petition and proposed reinsurance agreement are available for review in the Office of the Chief Clerk, Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas, 78714-9104. To request copies of the petition and the proposed reinsurance agreement, please contact Sylvia Gutierrez at (512) 463-6327 (refer to Reference No. P-0901-24).

This agency hereby certifies that the proposed action has been reviewed by legal counsel and found to be within the agency's authority to adopt.

TRD-200200313

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: January 22, 2002


Company Licensing

Application to change the name of WESTERN FAMILY INSURANCE COMPANY to ANCHOR GENERAL INSURANCE COMPANY, a foreign Fire and Casualty company. The home office is in San Diego, California.

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-200200334

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: January 23, 2002


Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Pennsylvania General Insurance Company proposing to use rates for private passenger 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 +40% for Class 2, +39% for Class 6, and +37% for Classes 1, 3, 7, 8 under all Coverages by Territory. This overall rate change is +5.3%.

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 February 19, 2002.

TRD-200200314

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: January 22, 2002


Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Worldwide Casualty Insurance Company proposing to use rates for private passenger 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 percent of +60% for Bodily Injury and Comprehensive, +30% for Property Damage, Personal Injury Protection, and Medical Payments, +41.1% for Uninsured Motorists, and +47.8% for Collision coverages. This overall rate change is +11.9%.

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 February 21, 2002.

TRD-200200341

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: January 23, 2002


Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Worldwide Direct Auto Insurance Company proposing to use rates for private passenger 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 percent of +60% for Bodily Injury and Comprehensive, +30% for Property Damage and Personal Injury Protection, +32% for Medical Payments, +38% for Uninsured Motorists, and +50% for Collision coverages. This overall rate change is +12.1%.

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 February 21, 2002.

TRD-200200342

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: January 23, 2002


Texas Lottery Commission

Instant Game 275 "Double Lucky Number"

1.0 Name and Style of Game.

A. The name of Instant Game No. 275 is "DOUBLE LUCKY NUMBER". The play style is a "key number match with doubler".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 275 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 275.

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

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

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $200, $2,000, $25,000, and STAR SYMBOL.

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

Table 1 of this section Figure 1:16 TAC GAME NO. 275 - 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:

Table 2 of this section. Figure 2:16 TAC GAME NO. 275 - 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, $12.00, or $20.00.

H. Mid-Tier Prize - A prize of $25.00, $50.00, or $200.

I. High-Tier Prize - A prize of 2,000 or $25,000.

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

K. Pack-Ticket Number - A twenty-two (22) digit number consisting of the three (3) digit game number (275), 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: 275-0000001-000.

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

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "DOUBLE LUCKY NUMBER" Instant Game No. 275 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 "DOUBLE LUCKY NUMBER" Instant Game is determined once the latex on the ticket is scratched off to expose 22 (twenty two) play symbols. If the player matches any of the player's YOUR NUMBERS to either LUCKY NUMBER, the player will win the prize shown for that number. If the player gets a lucky star symbol, the player will win double the amount for that prize. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

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

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

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

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

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

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

17. Each of the 22 (twenty two) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. No duplicate non-winning Your Numbers play symbols on a ticket.

C. No duplicate Lucky Numbers play symbols on a ticket.

D. No more that one pair of duplicate non-winning prize symbols on a ticket.

E. No 3 or more like non-winning prize symbols on a ticket.

F. The Star play symbol will never appear more than once on a ticket.

2.3 Procedure for Claiming Prizes.

A. To claim a "DOUBLE LUCKY NUMBER" Instant Game prize of $2.00, $4.00, $5.00, $10.00, $12.00, $20.00, $25.00, $50.00 or $200, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00 or $200 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "DOUBLE LUCKY NUMBER" Instant Game prize of $2,000 or $25,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "DOUBLE LUCKY NUMBER" 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 "DOUBLE LUCKY NUMBER" 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 "DOUBLE LUCKY NUMBER" 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 12,188,000 tickets in the Instant Game No. 275. The approximate number and value of prizes in the game are as follows:

Table 3 of this section Figure 3:16 TAC GAME NO. 275- 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. 275 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. 275, 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-200200217

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: January 16, 2002


Instant Game 276 "Wizard of Odds"

1.0 Name and Style of Game.

A. The name of Instant Game No. 276 is "WIZARD OF ODDS". The play style is a "match 3 of 9 with tripler".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 276 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 276.

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

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

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: $1.00, $2.00, $3.00, $5.00, $10.00, $15.00, $30.00, $100, $300, $1,000, $3,000, and MAGIC SYMBOL.

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

Table 1 of this section Figure 1:16 TAC GAME NO. 276 - 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:

Table 2 of this section. Figure 2:16 TAC GAME NO. 276 - 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, $3.00, $5.00, $10.00, or $15.00.

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

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

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

K. Pack-Ticket Number - A twenty-two (22) digit number consisting of the three (3) digit game number (276), 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: 276-0000001-000.

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

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "WIZARD OF ODDS" Instant Game No. 276 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 "WIZARD OF ODDS" Instant Game is determined once the latex on the ticket is scratched off to expose nine (9) play symbols. If the player gets three (3) like amounts, the player will win that amount. If the player gets two (2) like amounts plus a magic symbol, the player will win that prize automatically. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly nine (9) 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 nine (9) 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 nine (9) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the nine (9) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. No four or more like play symbols on a ticket.

C. No more than two (2) pairs of like play symbols on a ticket.

D. The magic symbol may appear only once on a ticket.

E. There will be no more than two (2) like play symbols when the magic symbol appears on a winning ticket.

F. There will be no like play symbols on a ticket when the magic symbol appears on a non-winning ticket

2.3 Procedure for Claiming Prizes.

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

B. To claim a "WIZARD OF ODDS" Instant Game prize of $1,000 or $3,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "WIZARD OF ODDS" 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 "WIZARD OF ODDS" 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 "WIZARD OF ODDS" 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 11,774,750 tickets in the Instant Game No. 276. The approximate number and value of prizes in the game are as follows:

Table 3 of this section Figure 3:16 TAC GAME NO. 276- 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. 276 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. 276, 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-200200218

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: January 16, 2002


Instant Game 702 "Cold Hard Cash"

1.0 Name and Style of Game.

A. The name of Instant Game No. 702 is "COLD HARD 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. 702 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 702.

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

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

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: $1.00, $2.00, $4.00, $5.00, $10.00, $40.00, $100, $300, $20,000, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, MONEY BAG SYMBOL, CLOVER SYMBOL, POT OF GOLD SYMBOL, GOLD BAR SYMBOLS, DOLLAR BILL SYMBOL, and 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:

Table 1 of this section Figure 1:16 TAC GAME NO. 702 - 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:

Table 2 of this section. Figure 2:16 TAC GAME NO. 702 - 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 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 (702), 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: 702-0000001-000.

L. Pack - A pack of "COLD HARD CASH" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of two (2). Tickets 000 and 001 will be shown on the front of the pack; the backs of tickets 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 "COLD HARD CASH" Instant Game No. 702 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 "COLD HARD CASH" Instant Game is determined once the latex on the ticket is scratched off to expose 15 (fifteen) play symbols. In Game 1, if the player's YOUR NUMBERS beats THEIR NUMBER in any one row across, the player will win the prize for that row. In Game 2, if the player matches three (3) like prize amounts the player will win that prize. In Game 3, if the player matches two (2) out of three (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 15 (fifteen) 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 15 (fifteen) 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 15 (fifteen) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 15 (fifteen) 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 four (4) or more like prize symbols.

H. Game 3: There will never be three (3) like play symbols.

2.3 Procedure for Claiming Prizes.

A. To claim a "COLD HARD 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 "COLD HARD 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 "COLD HARD 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 "COLD HARD 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 "COLD HARD 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 5,136,250 tickets in the Instant Game No. 702. The approximate number and value of prizes in the game are as follows:

Table 3 of this section Figure 3:16 TAC GAME NO. 702- 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. 702 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. 702, 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-200200219

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: January 16, 2002


Instant Game 706 "Star of Texas"

1.0 Name and Style of Game.

A. The name of Instant Game No. 706 is "STAR OF TEXAS". The play style in Game 1 is "key number match". The play style in Game 2 is "beat score". The play style in Game 3 is "key number match with auto win". The play style in Game 4 is "row, column, diagonal". The play style in Game 5 is "key symbol match". The play style in Game 6 is "add up".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 706 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 706.

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, $5.00, $10.00, $25.00, $50.00, $100, $500, $1,000, $40,000, BOOT SYMBOL, HAT SYMBOL, HORSESHOE SYMBOL, STACK OF BILLS SYMBOL, DOLLAR SIGN SYMBOL, STAR SYMBOL, DIAMOND SYMBOL, GOLD BAR SYMBOL, POT OF GOLD SYMBOL, BEEF SYMBOL, STEER SYMBOL, BRAND SYMBOL, and SADDLE SYMBOL.

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

Table 1 of this section Figure 1:16 TAC GAME NO. 706 - 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:

Table 2 of this section. Figure 2:16 TAC GAME NO. 706 - 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, $10.00, $15.00, or $20.00.

H. Mid-Tier Prize - A prize of $25.00, $50.00, $100, $200, or $500.

I. High-Tier Prize - A prize of $1,000, $5,000, or $40,000.

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 (706), 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: 706-0000001-000.

L. Pack - A pack of "STAR OF TEXAS" 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 "STAR OF TEXAS" Instant Game No. 706 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 "STAR OF TEXAS" Instant Game is determined once the latex on the ticket is scratched off to expose 36 (thirty-six) play symbols. In the Game 1, if the player matches three (3) like amounts, the player will win that amount. In Game 2, if the player's YOUR SCORE beats THEIR SCORE in any one row across, the player will win the prize for that row. In Game 3, if the player matches any of the YOUR NUMBERS to the LUCKY NUMBER, the player will win the prize shown. If the player gets a boot symbol, the player will win that prize automatically. In Game 4, if the player gets three (3) hat symbols in the same row, column or diagonal, the player will win the prize shown. In Game 5, if the player gets three (3) like symbols, the player will win the prize shown. In Game 6, if the two (2) numbers shown add up to exactly 10, the player will win $10. 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 36 (thirty-six) 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 36 (thirty-six) 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 36 (thirty-six) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 36 (thirty-six) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. Game 1: No four or more of a kind.

C. Game 2: No duplicate non-winning Your Score play symbols

D. Game 2: No duplicate non-winning Their Score play symbols.

E. Game 2: No duplicate non-winning prize symbols.

F. Game 2: No ties within a row.

G. Game 3: Non-winning prize symbols will never be the same as the winning prize symbol.

H. Game 3: No duplicate non-winning prize symbols

I. Game 3: No duplicate non-winning Your Number on a ticket

J. Game 3: No prize amount in a non-winning spot will correspond with the Your Number play symbol (i.e. 5 and $5).

K. Game 4: No more than one occurrence of three (3) hat symbols in a row, column or diagonal on a ticket.

L. Game 4: Games will contain four (4) boots and five (5) horseshoes or five (5) boots and four (4) horseshoes.

M. Game 4: There will never be three (3) horseshoes in the same row, column, or diagonal straight line.

N. Game 5: This game may only win once.

O. Game 6: The sum of the two (2) numbers will never total less than 4 or more than 15.

2.3 Procedure for Claiming Prizes.

A. To claim a "STAR OF TEXAS" Instant Game prize $5.00, $10.00, $15.00, $20.00, $25.00, $50.00, $100, $200, 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, $200, 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 "STAR OF TEXAS" Instant Game prize of $1,000, $5,000 or $40,000, 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 "STAR OF TEXAS" 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 "STAR OF TEXAS" 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 "STAR OF TEXAS" 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 3,021,075 tickets in the Instant Game No. 706. The approximate number and value of prizes in the game are as follows:

Table 3 of this section Figure 3:16 TAC GAME NO. 706- 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. 706 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. 706, 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-200200220

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: January 16, 2002


Manufactured Housing Division

Notice of Administrative Hearing

Wednesday, February 13, 2002, 1:00 p.m.

State Office of Administrative Hearings, Stephen F. Austin Building, 1700 N Congress, 11th Floor, Suite 1100

Austin, Texas

AGENDA

Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of the complaint of the Manufactured Housing Division of the Texas Department of Housing and Community Affairs vs. Barbara Berg dba Barbara's Berry Best Buy aka Longhorn Manufactured Homes to hear alleged violations of Sections 7(b)-(d), 7(d), 7(j)(6), and 8(d) of the Act and Sections 80.119(f)(1), 80.123(b)(c), and 80.123(e) of the Rules regarding the selling of more than one manufactured home within a consecutive twelve (12) month period without obtaining, maintaining or possessing a valid retailer's license, the installation of a manufactured home without obtaining, maintaining or possessing a valid installer's license, the selling of a used manufactured home without the appropriate, timely transfer of a good and marketable title, and not submitting the Form T/Installation Report. SOAH 332-02-1262. Department MHD2001001140-V and MHD2001001927-T.

Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475-2894, jschroed@tdhca.state.tx.us

TRD-200200319

Bobbie Hill

Executive Director

Manufactured Housing Division

Filed: January 23, 2002


Texas Natural Resource Conservation Commission

Notice of District Petition

Notices mailed during the period January 14, 2002 through January 22, 2002.

TNRCC Internal Control No. 04242001-D01 Walker County Rural Water Supply Corporation (Petitioner) has filed a petition with the Texas Natural Resource Conservation Commission (TNRCC) to convert Walker County Rural Water Supply Corporation to Walker County Special Utility District (District) and to transfer Certificate of Convenience and Necessity (CCN) No. 11304 from Walker County Rural Water Supply Corporation to Walker County Special Utility District. Walker County Special Utility District's business address will be: P.O. Box 704; Huntsville, Texas 77342-0704. The petition was filed pursuant to Chapters 13 and 65 of the Texas Water Code; 30 Texas Administrative Code Chapters 291 and 293; and the procedural rules of the TNRCC. The proposed District is located in Walker County and will contain approximately 179,969 acres. The territory to be included within the proposed District includes all of the singly certified service area covered by CCN No. 11304. CCN No. 11304 will be transferred after a positive confirmation election. The TNRCC may grant a contested case hearing on this petition if a written hearing request is filed within 30 days after the newspaper publication of this notice. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice.

TNRCC Internal Control No. 11212001-D02 Champions Glen, L.P., (Petitioner) filed a petition for creation of Harris County Municipal Utility District Number 383 (District) with the Texas Natural Resource Conservation Commission (TNRCC). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TNRCC. The petition states that: (1) the petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) the petition states that there is one lienholder on the property to be included in the proposed district; (3) the proposed District will contain approximately 401.7031 acres located within Harris County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Houston, Texas, and is not within such jurisdiction of any other city. By City of Houston, Texas, Ordinance No. 2001-1159, the City of Houston, Texas, effective December 19, 2001, passed, approved and gave its consent to create District, and has given its authorization to initiate proceedings to create such political subdivision within its jurisdiction. According to the petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the petitioners, from the information available at this time, that the cost of said project will be approximately $35,580,000. The TNRCC may grant a contested case hearing on this petition if a written hearing request is filed within 30 days after the newspaper publication of this notice.

The TNRCC may grant a contested case hearing on these petitions if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the petitioner and the TNRCC Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed district's boundaries. You may also submit your proposed adjustments to the petition which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below.

The Executive Director may approve the petitions unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of the notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court.

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

TRD-200200311

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: January 22, 2002


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

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is March 4, 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 the TNRCC's orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Comments about the AOs should be sent to the attorney designated for the AO at the TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on March 4, 2002 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs should be submitted to the TNRCC in writing .

(1) COMPANY: Madanco Corporation dba Shopper's Mart #10 dba Chevron's Food Mart; DOCKET NUMBER: 2000-1395-PST-E; TNRCC ID NUMBERS: 0035090 & 0069345; LOCATION: Shopper's Mart #10, 2903 Palmer Highway, Texas City, Galveston County, Texas; Chevron's Food Mart, 8115 Haborside, Galveston, Galveston County, Texas; TYPE OF FACILITY: retail gasoline (facility); RULES VIOLATED: 30 TAC §115.246(3), and Texas Health and Safety Code (THSC), §382.085(b), by failing to maintain records of trained facility representative, monthly inspections, the pressure decay testing, and applicable California Air Resources Board order; 30 TAC §115.242(3)(J), and THSC, §382.085(b), by failing to provide operative Pressure Vacuum Relief Valve(s) or Dry Breaks; 30 TAC §115.246(3) and THSC, § 382.085(b), by failing to maintain at the station a record of maintenance activities performed on the Stage II vapor recovery system; 30 TAC §115.248(1) and §115.246(3), and THSC, §382.085(b), by failing to complete a TNRCC approved Stage II training course in the maintenance and operation of the Stage II system, and training of all employees by the facility representative; PENALTY: $12,900; 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.

(2) COMPANY: Shukran Inc., dba Amigo Mart; DOCKET NUMBER: 2000-0965-PST-E; TNRCC ID NUMBER: 0011954; LOCATION: 14325 Highway 6, Santa Fe, Galveston County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.246(4), and THSC, §382.085(b), by failing to maintain records of proof of attendance and completion of Stage II training, of all employees, by a store representative; 30 TAC §115.242(3), and THSC, §382.085(b), by failing to successfully perform annual volume to liquid testing; 30 TAC §115.246(5), and THSC, §382.085(b), by failing to maintain a record of the five year testing requirement to verify proper operation of the Stage II system and failure to maintain records of daily inspections of the vapor recovery system; 30 TAC §115.242(3)(B), §115.242(5), and THSC, §382.085(b), by failing to repair crimped vapor hoses and make necessary repair, replacement, or adjustment of faulty equipment; 30 TAC §290.51, by failing to pay the Public Health Fee; 30 TAC §115.246(1), and §115.246(3), by failing to maintain a copy of the California Air Resources Board Executive Order, a record of any maintenance conducted on the Stage II vapor recovery equipment, and documentation of the completion of the Stage II training for facility representative; 30 TAC §115.245(2), by failing to perform the annual pressure decay testing; 30 TAC §115.245(3), by failing to perform the five year test to verify the proper operation of the Stage II equipment; 30 TAC §115.244(1), and §115.244(3), by failing to conduct the daily and monthly inspections of Stage II equipment; 30 TAC §334.21, and §334.128(a), by failing to pay the underground storage fees and above ground storage fees; 30 TAC §11.242(3)(J), and THSC, §382.085(b), by failing to replace or repair an inoperative dry break cap; PENALTY: $20,750; STAFF ATTORNEY: Robert Hernandez, Litigation Division, MC 175, (210) 403-4016; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Ave., Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-200200302

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: January 22, 2002


Notice of Public Hearings (Chapter 331)

In accordance with the requirements of Texas Government Code, Chapter 2001, Subchapter B, the Texas Natural Resource Conservation Commission (TNRCC or commission) will conduct public hearings to receive testimony concerning amendments of 30 TAC Chapter 331, Subchapters A, G, and J.

The proposed amendments would implement legislation requiring the commission, by rule, to prohibit the storage, processing, or disposal of hazardous waste in a solution-mined salt dome cavern or a sulphur mine (House Bill 2912, §9.02, 77th Legislature, 2001); amend and clarify the information required to establish the geologic suitability of a proposed location for a salt cavern disposal well; and reinstate technical requirements administratively omitted in 1992.

Public hearings on these proposed revisions will be held at the following times and locations: February 19, 2002, in Wharton at 7:00 p.m. at the Wharton Community Civic Center, in the Main Hall, 1924 North Fulton; February 26, 2002, in Mont Belvieu at 7:00 p.m. at the Barbers Hill High School, in the CTJ Conference Center, 9600 Eagle Drive; and February 28, 2002, in Austin at 2:00 p.m. in Building E, Room 201S at the commission's central office located at 12100 Park 35 Circle. The hearings 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 discussions will not occur during the hearings; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearings and will answer questions before and after the hearings.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearings 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, 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 2001-080-331-WT. Comments must be received by 5:00 p.m., March 4, 2002. For further information, please contact Ray Henry Austin, Policy and Regulations Division, (512) 239-6814.

TRD-200200245

Stephanie Bergeron

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: January 17, 2002


Notice of Public Hearing by the Texas Natural Resource Conservation Commission on Proposed Revisions to 30 TAC Chapter 290

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 amendments to 30 TAC Chapter 290, Public Drinking Water.

The commission proposes primarily technical and grammatical corrections to Chapter 290, Subchapters D and F. In addition to these corrections, the commission proposes amendments to incorporate the federal Public Notification Rule (40 Code of Federal Regulations (CFR), Parts 9, 141, 142, and 143; 65 Federal Register (FR) 25981-26049, May 4, 2000); incorporate the federal Lead/Copper Minor Revisions Rule (40 CFR Parts 9, 141, and 142; 65 FR 1949-2015, January 12, 2000); implement House Bill (HB) 217, 77th Legislature, 2001, deleting the exemption for small municipalities to have plumbing inspections performed by a licensed plumber; update references to lab related terminology prompted by HB 2912, §18.02, transferring certification of drinking water laboratories from the Texas Department of Health to TNRCC; and propose language from the Safety Drinking Water Act, 42 United States Code, §300g-1(b)(10), allowing two-year extensions to the effective dates for new regulations for maximum contaminant levels and treatment technique requirements when capital improvements are necessary to comply with the new requirements.

A public hearing on this proposal will be held in Austin on February 19, 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.

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., March 4, 2002, and should reference Rule Log Number 2001-008-290-WT. 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 Melissa Estes, Policy and Regulations Division at (512) 239-3937.

TRD-200200255

Stephanie Bergeron

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: January 17, 2002


Notice of Water Quality Applications

The following notices were issued during the period of December 21, 2001 through January 17, 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.

CBI & I CONSTRUCTORS INC has applied for renewal of an existing wastewater permit. The applicant has an existing National Pollutant Discharge Elimination System (NPDES) Permit No. TX0075736 and an existing Texas Natural Resource Conservation Commission (TNRCC) Permit No. 11389-001. The draft permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 45,000 gallons per day. The plant site is located in the northeast corner of the property at 8900 Fairbanks North Houston Road and approximately 3 miles north of the intersection of Fairbanks North Houston Road and U.S. Highway 290 in Harris County, Texas.

CITY OF FRITCH has applied for a major amendment to Permit No. 10566-001, requesting to move the location of the treatment plant boundaries, to authorize an interim phase with a daily average flow of 260,000 gallons per day, a final phase with a daily average flow of 400,000 gallons per day and to increase the application rate in the interim phase from 3.0 acre feet/acre/year to 3.88 acre feet/acre/year. The current permit authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 400,000 gallons per day via surface irrigation of 150 acres which will remain the same. This permit will not authorize a discharge of pollutants into waters in the State. This application was submitted to the TNRCC on July 25, 2000. The facility and disposal site are located at the north end of Cornell Street in the City of Fritch in Hutchinson County, Texas. The facility and disposal site are located in the drainage basin of Lake Meredith in Segment No. 0102 of the Canadian River Basin.

CITY OF GARLAND which operates the Ray Olinger Power Plant, a steam electric station, has applied for a renewal of TPDES Permit No. 01923, which authorizes the discharge of once through cooling water commingled with steam condensate and storm water at a daily average flow not to exceed 404,000,000 gallons per day via Outfall 001, the discharge of low volume waste and metal cleaning waste on a flow variable basis via evaporation, and includes a once- through cooling water exemption for total aluminum at Outfall 001. The facility is located four miles west of State Highway 78 at 13835 County Road 489 on the east shore of Lavon Lake, at Little Ridge Park, two and three eighths miles southwest of the City of Copeville, Collin County, Texas.

GREATER WHITEHOUSE UTILITY COMPANY, INC. has applied for renewal of an existing wastewater permit. The applicant has an existing National Pollutant Discharge Elimination System (NPDES) Permit No. TX0095419 and an existing Texas Natural Resource Conservation Commission (TNRCC) Permit No. 12910-001. The draft permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 41,300 gallons per day. The plant site is located at 100 Quail Lane, at the intersection of Quail Lane and Bobwhite Lane, approximately 1 3/8 miles southwest of the intersection of State Highway 110 and Farm- to-Market Road 346 in Smith County, Texas.

MARTIN REALTY & LAND, INC. has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14081-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 450,000 gallons per day. The plant site is located 1.2 miles east-northeast of the intersection of Portland Road and Farm-to- Market Road 1314 and 2.5 miles northwest of the intersection of Farm-to-Market Road 1314 and U.S. Highway 59 in Montgomery County, Texas

METAL BUILDING COMPONENTS, L.P. has applied for a new permit to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 20,000 gallons per day. The facility is located at 14031 West Hardy Road, approximately one mile south of the intersection of West Hardy Road and Aldine Bender Road (State Highway 525) in Harris County, Texas.

TRD-200200310

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: January 22, 2002


Notice of Water Rights Application

Notices mailed during the period January 5, 2002 through January 22, 2002.

APPLICATION NO. 3612A (PERMIT NO. 3345A); Nancy Elizabeth Hruska Becker, 20784 Private Road 1775, Paint Rock, Texas 78666-3019, applicant, seeks to amend Water Use Permit No 3345 (Application No. 3612) pursuant to Texas Water Code 11.122 and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. Applicant owns a portion of Water Use Permit No. 3345 (Application No. 3612 which authorizes the owner to divert and use not to exceed 169 acre-feet of water per annum from the perimeter of Chandler Lake, on Dry Hollow, tributary of the Concho River, tributary of Colorado River, in the Colorado River Basin at a rate of 1.1 cfs (495 gpm) to irrigate 169 acres of land out of a 229.938 acre portion out of a 685.567 acre tract of land in Surveys, 126, 127, 128, 129, & 130 and D. E. Sims Survey 1 in Concho County, Texas. Applicant also owns undivided interest in Chandler Lake. Chandler Lake impounds not to exceed 185 acre-feet of water. The time priority is June 14, 1976. Pursuant to Lease of Water Rights with the City of Paint Rock, applicant the seeks to amend their portion of Water Use Permit 3345 (Application No. 3612 by changing the use of 35 acre-feet per annum from irrigation use to municipal use and add a diversion point downstream of Chandler Lake which is the City of Paint Rock's diversion point authorized in Certificate of Adjudication No. 14-1388. The applicant requests this change be in affect for the duration of the lease agreement (5 year lease with the option to extend an additional 5 years) made with the City of Paint Rock. The additional diversion point is approximately 6 miles downstream at the same diversion point authorized in Paint Rock's Certificate of Adjudication No. 14-1388. The diversion point authorized in this Certificate is located at a point on the south, right bank of the Concho River which is N 50 degrees W, 170 feet from the northeast corner of the Johann J. Froehlich Survey 266, Abstract 145, Concho County, also being 31.5 degrees N Latitude, 99.9 degrees W Longitude. The application was received on July 14, 2000. Additional information was received September 12, 2000, November 20, 2000, and July 12, 2001. The Executive Director reviewed the application and determined it to be administratively complete on September 28, 2001. 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 January 30, 2002. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed by January 30, 2002. The Executive Director can consider an approval of the application unless a written request for a contested case hearing is filed by January 30, 2002.

APPLICATION NO. 5121A. Guadalupe Ski-Plex Homeowners Association, Inc., C/O Glenn Pressler, President, 13511 Dutch Myrtle, San Antonio, Texas 78232, applicant, seeks an amendment to Water Use Permit No. 5121, pursuant to Texas Water Code (TWC) 11.122, and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. Water Use Permit No. 5121 authorizes permittee to divert 83 acre-feet of water per annum from York Creek, tributary of the San Marcos River, Guadalupe River Basin, Guadalupe County, and to impound the diverted water in an off-channel reservoir with a capacity of 187 acre-feet for recreational purposes. The applicant seeks authorization to change the maximum diversion rate from 1200 gpm to 2200 gpm. No new appropriations are requested. The application was received on September 19, 2001. The Executive Director reviewed the application and determined it to be administratively complete on December 27, 2001. 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. 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. 5756 Fred B. Shelton, Jr., 3501 Gillon Ave, Dallas, Texas, 75208- 3219, 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. The Executive Director recommends that public notice of the application be given pursuant to 30 TAC 295.152. Applicant seeks authorization to construct and maintain a dam and reservoir and to impound therein not to exceed 354 acre-feet of water with a surface area of 34 acres on Allread Creek, tributary of the Sabine River, Sabine River Basin, Rains County, Texas, for in-place recreation use. Station 13 + 00 on the centerline of proposed dam is located N 66 degrees W (bearing), 2,400 feet from the southeast corner of J. F. Phillips, Abstract No. A-182, in Rains County, Texas, at Latitude 32.789 degrees N, Longitude 95.754 degrees W, located 6.6 miles in a south southeast direction from Emory, Rains County, Texas. The application was received on October 05, 2001 and accepted for filing on December 07, 2001. The Executive Director of the TNRCC has reviewed the application and has declared it to be administratively complete on December 07, 2001. 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. 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.

APPLICATION NO. 18-2018B Lee Anthony Mosty, 1500 Park Grove Road, Irving, Texas 78006, seeks an amendment to a Certificate of Adjudication pursuant to 11.122 Texas Water Code, Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. Applicant is currently authorized to divert and use not to exceed 154 acre-feet of water per annum from the Guadalupe River, Guadalupe River Basin, Kerr County to irrigate 94 acres of land in Kerr County. Pursuant to a lease agreement, Grant of Right to Divert, Pump, and Use Water Pursuant to Certificate of Adjudication to Appropriate State Water dated February 24, 2000 with Buckhorn Golf II, Ltd., Applicant is also authorized to divert and use 80 acre-feet of water per annum from the 154 acre-feet of water authorized by Certificate of Adjudication No. 18-2018 from a second diversion point located approximately 11.5 miles downstream on the Guadalupe River, Kendall County, bearing S 41.2 degrees E, 8217.92 feet from the USGS published Benchmark/ Triangulation Station known as Comfort 2", also being 29.97 degrees N Latitude and 98.88 degrees W Longitude, for irrigation of 110 acres of land out of 187.276 acres consisting of three tracts totaling 88.126 acres, 2.15 acres, and a 97 acre-tract of land in the Justa Esqueda Survey No. 25, Abstract No. 157, Kendall County. Applicant is also authorized to store the 80 acre-feet of water in an off-channel reservoir on land owned by Buckhorn Golf II, Ltd. The combined maximum diversion rate for all diversion points is 2.22 cfs (1000gpm.) Pursuant to a lease agreement First Amendment to February 24, 2000 Grant of Right to Divert , Pump, and Use Water Pursuant to Certificate of Adjudication to Appropriate State Water, dated September 21, 2001 with Buckhorn Golf II, Ltd., Applicant seeks to divert and use an additional 70 acre-feet at the downstream diversion point on the Guadalupe River, Guadalupe River Basin, in Kendall County, Texas resulting in 150 acre-feet of water per annum from the 154 acre-feet of water authorized by Certificate of Adjudication No. 18-2018 for irrigation of the same tracts of land specifically identified in Certificate of Adjudication No. 18-2018, as amended. Applicant is also seeking to increase the amount of water that can be stored and used from the off channel reservoir from 80 to 150 acre-feet per annum. No new appropriations of water are requested and no changes will be made to the currently authorized maximum combined diversion rate of 2.22 cfs (1000gpm.) Notice is being mailed to the 22 interjacent water right holders. Pursuant to TAC 297.45 and TWC 11.122 granting an application for an amendment to a water right shall not cause an adverse impact to an existing water right. The application was received on October 23, The Executive Director of the TNRCC has reviewed the application and has declared it to be administratively complete on December 19, 2001. 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 February 8, 2002. A public meeting is intended for the taking of public comment, and is not a contested case hearing. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed by February 8, 2002. The Executive Director may approve the application unless a written request for a contested case hearing is filed.

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-200200312

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: January 22, 2002


Permian Basin Workforce Development Board

Public Notice for Workforce Network Service Provider

The Permian Basin Workforce Development Board (Board), in Midland, Texas, is soliciting proposals for Workforce Network Service Provider. The Provider is responsible for the management and operation of services delivered under the Workforce Investment Act (WIA), Temporary Assistance for Needy Families (TANF)/Choices and Food Stamp and Employment (FSE&T). The Board is committed to providing comprehensive services to employers and job-seekers alike in the Workforce Development Area of Andrews, Borden, Crane, Dawson, Ector, Gaines, Glasscock, Howard, Loving, Martin, Midland, Pecos, Reeves, Terrell, Upton, Ward and Winkler counties.

The Board is accountable the planning, administration, oversight and evaluation of a consolidated workforce network for the Permian Basin. In this role the Boards procures and contracts with organizations to provide workforce programs to employers, employees and job seekers through several different federal and state programs. The Board is the administrative entity and grant recipient for the following programs: WIA, FSE&T, TANF/Choices, School-to-Career and Child Care.

The Board will be conducting a Bidder's Conference on February 15, 2002. A copy of the Request for Proposal (RFP) may be obtained beginning February 1, 2002 by contacting the Board office at (915) 563-5239. All questions regarding the RFP must be submitted in writing either electronically to gail.dickenson@twc.state.tx.us, by fax at (915) 561-8785, or by mail to P.O. Box 61947, Midland, Texas 79711 attention Willie Taylor or Gail Dickenson. No verbal questions will be accepted.

The Board reserves the right to accept or reject any or all proposals received as a result of this request, or to negotiate with all qualified vendors, or to cancel in part or in its entirety this Request for Proposal, if it is in the best interest of the Board.

TRD-200200281

Angelica Chavez

Receptionist

Permian Basin Workforce Development Board

Filed: January 18, 2002


Texas Department of Protective and Regulatory Services

Request for Proposal

The Texas Department of Protective and Regulatory Services (PRS), Division of Prevention and Early Intervention, is soliciting proposals to provide Healthy Texas Families services. PRS anticipates funding 19 contracts as a result of this solicitation. The Request for Proposal (RFP) will be released on or about January 31, 2002. The RFP 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 : The goal of the Healthy Texas Families home visitation program is to provide resources to communities to address and meet the needs of identified families. The program is a model of primary prevention services designed to prevent infant mortality and pre-maturity, disease, developmental delay, child abuse and neglect, school failure, emergency room visits, teen pregnancy, poor parent-child relationships and interaction, and other negative outcomes for children and families. The vision of the Healthy Texas Families program is to provide support and education to all new parents who are deemed to be at risk prior to or at the time of their baby's birth, with services continuing in the months and years after, in order to strengthen and stabilize these families and ensure that the children get off to a good start in life. The contracts will be funded and managed by PRS.

Eligible Applicants : 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 : Total anticipated funding for the 12-month contract is a maximum award of $125,000 for September 1, 2002, through August 31, 2003. The funding allocated for the contract 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 intends to procure by non-competitive means in accordance with the law but without further notice to potential vendors.

Deadline for Proposals, Term of Contract, and Amount of Award : Proposals will be due March 20, 2002, at 3:00 p.m. The effective dates of contracts awarded under this RFP will be September 1, 2002, through August 31, 2003.

Contact Person : Potential offerors may obtain a copy of the RFP on or about January 31, 2002. It is preferred that requests for the RFP be submitted in writing (by mail or fax) to: Jacqueline Gomez, Mail Code E-541; c/o Vicki Logan; Texas Department of Protective and Regulatory Services; P.O. Box 149030; Austin, Texas 78714-9030; Fax: 512-438-2031.

TRD-200200307

C. Ed Davis

Deputy Director, Legal Services

Texas Department of Protective and Regulatory Services

Filed: January 22, 2002


Public Utility Commission of Texas

Amended Notice of Application for a Certificate of Convenience and Necessity for a Proposed Transmission Line

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application filed on January 14, 2002, for a certificate of convenience and necessity for a proposed transmission line in Galveston County, Texas.

Docket Style and Number: Application of Texas-New Mexico Power Company (TNMP) for a Certificate of Convenience and Necessity for a Proposed Transmission Line in Galveston County, Texas. Docket Number 25287.

The Application: TNMP proposes to construct a new double-circuit 69 kV transmission line from a tap point at the existing Carbide Docks Substation to a planned substation (Mega Port) on Shoal Point. An existing single-circuit, 69 kV transmission line from the existing Amoco Switching Station to the tap point will be rebuilt to accommodate two 69 kV circuits. The proposed transmission line will be approximately 3.60 miles long and will be constructed spun concrete, single-pole structures within an approximately 20-foot wide right-of-way depending on structure type and location.

Pursuant to P.U.C. Substantive Rule §25.101(c)(4), the commission must render a decision approving or denying an application for a certificate within one year of the date of filing of a complete application for such certificate.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989.

TRD-200200286

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 18, 2002


Amended Notice of Application for a Certificate of Convenience and Necessity for a Proposed Transmission Line

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application filed on January 14, 2002, for a certificate of convenience and necessity for a proposed transmission line in Wise County, Texas.

Docket Style and Number: Application of Brazos Electric Power Company (Brazos) for a Certificate of Convenience and Necessity for a Proposed Transmission Line in Wise County, Texas. Docket Number 25288.

The Application: Brazos stated the proposed Bridgeport-Crafton re-route transmission line project is being constructed to address reliability and maintenance concerns in areas served by Brazos' existing Bridgeport and Crafton substations located in Wise County, Texas. The existing 69 kV transmission line crosses several gravel-mining operations. According to the application, this mining activity has resulted in extremely rough terrain with some areas excavated around Brazos' structures and some areas being permanently flooded. As a result of this condition, large portions of the line are not accessible for maintenance purposes. The proposed project entails constructing a combination single and double circuit transmission line, while removing from service a portion of the North Texas to Bowie 69 kV line subjected to mining operations (approximately from Bridgeport to Crafton). A new single circuit 69 kV will be constructed for the northern and southern aspects of this project. While the middle section, containing TXU's existing H-frame 138 kV transmission line, would be a rebuilt single pole double circuit carrying TXU's 138 kV conductors and Brazos' re-routed 69 kV conductors. Brazos asserts the recommended transmission line reroute project is being proposed to maintain service reliability in the service territory of Wise Electric Cooperative. The preferred option maximizes the criteria set forth by the Public Utility Regulatory Act, §37.056.

Pursuant to P.U.C. Substantive Rule §25.101(c)(4), the commission must render a decision approving or denying an application for a certificate within one year of the date of filing of a complete application for such certificate.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989.

TRD-200200289

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 18, 2002


Notice of Amended Application for Waiver to Requirements in P.U.C. Substantive Rule §26.54(b)(3)

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an amended application on December 14, 2001, for waiver of the requirements of P.U.C. Substantive Rule §26.54(b)(3), One-Party Line Service and Voice Band Data.

Docket Title and Number: Application of Valor Telecommunications of Texas, LP for Waiver of Requirements in P.U.C. Substantive Rule §26.54(b)(3). Docket Number 23733.

The Application: Valor Telecommunications of Texas, LP. (Valor) amended its application to include customers in the Vega exchange for waiver of the requirement that by the end of 2002 it shall provide all subscribers a minimum transmission speed of at least 14,400 bits of data per second (14.4 kbps) on all switched voice circuits when connected through an industry standard modem or facsimile machine. Valor amended its application to specify that it can upgrade the Centerville, Fort Hancock, Detroit, and Pecos exchanges, and is removing these from the waiver request. However, Valor indicated that it must add the Vega exchange to those exchanges requiring a waiver. The requested waiver will affect a total of 169 subscribers in the Vega, Aspermont, and Sun Ray exchanges, all of which are served through equipment that does not meet the data speed required under P.U.C. Substantive Rule §26.54(b).

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by March 3, 2002. Requests for further information should be mailed to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas, 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136, or use Relay Texas (800) 735-2989 to reach the commission's toll free number (888) 782-8477. The deadline for comment is February 14, 2002, all comments should reference Docket Number 23733.

TRD-200200326

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 23, 2002


Notice of Application for Amendment to Service Provider Certificate of Operating Authority

On November 7, 2000, JATO Operating Corporation 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 60203. Applicant intends to relinquish its certificate.

The Application: Application of JATO Operating Corporation for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 23168.

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 February 6, 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 23168.

TRD-200200308

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 22, 2002


Notice of Application Pursuant to P.U.C. Substantive Rule §26.171

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on January 3, 2002, pursuant to P.U.C. Substantive Rule §26.171 for approval to introduce a new service.

Tariff Title and Number: Application of Santa Rosa Telephone Cooperative, Inc. (Santa Rosa) to Offer a New Service, Santa Rosa Centrex Service, Pursuant to P.U.C. Substantive Rule §26.171. Tariff Control Number 25242.

The Application: Santa Rosa seeks approval to offer a new service: Santa Rosa Centrex (SRC) Service. SRC Service provides multi-line business customers with access to central office equipment based features which performs the same functions as much of the terminal premises equipment available in the marketplace today. Santa Rosa estimates that the offering of the new service will increase the annual regulated intrastate gross annual revenues of the cooperative by $15,215 or 1.0%. The company proposes an effective date of May 1, 2002.

Subscribers of Santa Rosa have a right to petition the commission for review of this proposed new service offering by filing a protest with the commission. The protest must be signed by a minimum of 5.0%, or 1,500 of the affected local service customers, and must be received by the commission no later than March 31, 2002. As of December 2001, the 5.0% limitation equals 114 customers.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by March 31, 2002. Requests for further information should be mailed to Public Utility Commission of Texas, P. O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (800) 735-2989 to reach the commission's toll free number (888) 782-8477. The deadline for comment is March 31, 2002. All comments should reference Tariff Control Number 25242.

TRD-200200327

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 23, 2002


Public Notice of Amendment to Interconnection Agreement

On January 11, 2002, Southwestern Bell Telephone Company and Birch Telecom of Texas, Ltd., LLP, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 25284. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 25284. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by February 13, 2002, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 25284.

TRD-200200225

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 16, 2002


Public Notice of Amendment to Interconnection Agreement

On January 14, 2002, Southwestern Bell Telephone Company and Focal Communications Corporation of Texas, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 25294. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 25294. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by February 13, 2002, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 25294.

TRD-200200226

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 16, 2002


Public Notice of Amendment to Interconnection Agreement

On January 14, 2002, Southwestern Bell Telephone Company and Go-Comm, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 25295. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 25295. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by February 13, 2002, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 25295.

TRD-200200227

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 16, 2002


Public Notice of Amendment to Interconnection Agreement

On January 15, 2002, Southwestern Bell Telephone Company and SBC Advanced Solutions, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 25298. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 25298. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by February 13, 2002, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 25298.

TRD-200200229

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 17, 2002


Public Notice of Amendment to Interconnection Agreement

On January 15, 2002, Southwestern Bell Telephone Company and KMC Telecom, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supp. 2002) (PURA). The joint application has been designated Docket Number 25299. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing 10 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 25299. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by February 13, 2002, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech- impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 25299.

TRD-200200230

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 17, 2002


Public Notice of Amendment to Interconnection Agreement

On January 16, 2002, Southwestern Bell Telephone Company and Preferred Carrier Services, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 25302. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 25302. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by February 15, 2002, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 25302.

TRD-200200241

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 17, 2002


Public Notice of Intent to File Pursuant to P.U.C. Substantive Rule §26.215

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

Docket Title and Number. Southwestern Bell Telephone Company's Application for Approval of LRIC Study for Emergency Warning Call Database Pursuant to P.U.C. Substantive Rule §26.215 on or about January 28, 2002, Docket Number 25305.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 25305. Written comments or recommendations should be filed no later than 45 days after the date of sufficiency and should be filed at the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200200290

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 18, 2002


Public Notice of Intent to File Pursuant to P.U.C. Substantive Rule §26.215

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

Docket Title and Number. Southwestern Bell Telephone Company's Application for Approval of LRIC Study for Digital Customer Alerting Feature--Integrated Services Tariff Pursuant to P.U.C. Substantive Rule §26.215 on or about January 28, 2002, Docket Number 25306.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 25306. Written comments or recommendations should be filed no later than 45 days after the date of sufficiency and should be filed at the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200200292

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 18, 2002


Public Notice of Interconnection Agreement

On January 11, 2002, Southwestern Bell Telephone Company and Metro Teleconnect Companies, Inc., collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002 (PURA). The joint application has been designated Docket Number 25283. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 25283. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by February 13, 2002, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 25283.

TRD-200200224

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 16, 2002


Public Notice of PUC Proceeding to Develop Forms Pertaining to Retail Electric Providers and Aggregators and Request for Comments

The staff of the Public Utility Commission of Texas (commission) is developing forms for retail electric providers (REPs) and aggregators to use in filing the annual reports required by P.U.C. Substantive Rule §25.107(i)(4) and §25.111(i)(6), respectively. In addition, this proceeding will address any other forms determined prudent for processing amendments to, relinquishment of, or other processes pertaining to REP certification or aggregator registration. Project Number 25317, PUC Proceeding to Develop Forms Pertaining to Retail Electric Providers and Aggregators , has been established for this proceeding.

Commission staff will develop an annual report form for REPs first. Dates for development of an annual report form for Aggregators will be announced at a later date.

The commission will make available for comment copies of a Draft REP Annual Report Form in Central Records and on the commission's website for Project Number 25317 on February 1, 2002 (www.puc.state.tx.us/electric). Parties are requested to provide comment on the draft forms by Monday, February 11, 2002. Reply comments are due Tuesday, February 19, 2002.

Sixteen copies of comments may be filed with the commission's Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711- 3326. All comments should reference Project Number 25317.

Questions concerning Project Number 25317 may be referred to Jan Bargen, Policy Development Division, (512) 936-7243. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200200315

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 22, 2002


Texas Racing Commission

Request for Public Comment

The Texas Racing Commission is accepting written comment from the public on a pending application for a Class 3 racetrack license for Webb County (Laredo). The applicant is El Primero Fair Association, Inc., whose principal shareholders are Marilyn Asmussen, Cheryl Asmussen, and Julie Asmussen. The proposed racetrack is located on Mines Road, approximately 10 miles west of Laredo. The racetrack facility will be leased from El Primero Downs, Ltd., whose principal partners are John Weninger and MRK Investment Corp., L.P.

The applicant proposes to use Sam Houston Race Park, Ltd. as a management consultant to assist in operating the racetrack. The applicant proposes to conduct approximately 15 live race days per year, and offer approximately 15 simulcast signals per day, 364 days per year.

The application is available for review at the Texas Racing Commission headquarters, 8505 Cross Park Drive, Suite 110, Austin, Texas, Monday-Friday, 8:00 a.m. - 5:00 p.m. To schedule a review of the application or for more information, please contact Gloria Giberson, Texas Racing Commission, P.O. Box 12080, Austin, TX 78711-2080, (512) 833-6699, fax (512) 833-6907. Written comment must be received by the Commission at its headquarters not later than March 1, 2002. Issued January 17, 2002

TRD-200200240

Judith L. Kennison

General Counsel

Texas Racing Commission

Filed: January 17, 2002


Texas Department of Transportation

Public Notice - Aviation

Pursuant to Transportation Code, §21.111, and Title 43, Texas Administrative Code, §30.209, the Texas Department of Transportation conducts public hearings to receive comments from interested parties concerning proposed approval of various aviation projects.

For information regarding actions and times for aviation public hearings, please go to the following web site:

http://www.dot.state.tx.us

Click on Aviation, click on Aviation Public Hearing. Or, contact Karon Wiedemann, Aviation Division, 150 East Riverside, Austin, Texas 78704, (512) 416-4520 or 800 68 PILOT.

TRD-200200231

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: January 17, 2002


University of Houston

Consultant Contract Award Notice

In compliance with the provision of Chapter 2254, Subchapter B, Texas Government Code, The University of Houston furnishes this notice of consultant contract award. The consultant will provide services in assisting and advising in the formation of a Center on Vital and Productive Aging. Requests for proposals were filed in the November 23, 2001 issue of the Texas Register .

The contract was awarded to John Tropman, 3568 River Pines Drive, Suite 100, Ann Arbor, Michigan 48103, for a total amount of $40,000.

The beginning date of the contract is December 24, 2001 and the ending date is May 31, 2002.

For further information, please call (713) 743-8085 or (713) 743-2992.

TRD-200200263

Dennis P. Duffy

General Counsel

University of Houston

Filed: January 17, 2002


The University of Texas System

Consulting RFP for Selection of Natural Gas Supplier

The University of Texas at Austin requests, pursuant to the provisions of the Government Code, Chapter 2254.029, the submission of proposals leading to the award of a contract for Consulting Services. The University's objective is to contract for Consulting Services to assist the University in development of an RFP for solicitation of a natural gas supplier and the subsequent management of the resulting contract.

An award for the services specified herein will be made following a procedure using competitive sealed proposals.

Proposals will be opened publicly to identify the names of the RESPONDENTS, but will be afforded security sufficient to preclude disclosure of the contents of the proposal, including prices or other information, prior to award. After opening, an award may be made on the basis of the proposals initially submitted, without discussion, clarification, or modification, or on the basis of negotiation with any of the RESPONDENTS or, at UNIVERSITY'S sole option and discretion, UNIVERSITY may discuss or negotiate all elements of the proposal with selected RESPONDENTS which represent a competitive range of proposals. For purposes of negotiation, a competitive range of acceptable or potentially acceptable proposals may be established comprising the highest rated proposal(s). After the submission of a proposal but before making an award, UNIVERSITY may permit the offeror to revise the proposal in order to obtain the best final offer. UNIVERSITY may not disclose any information derived from the proposals submitted from competing offers in conducting such discussions. UNIVERSITY will provide each offeror with an equal opportunity for discussion and revision of proposals. Further action on proposals not included in the competitive range will be deferred pending an award, but UNIVERSITY reserves the right to include additional proposals in the competitive range if deemed in the best interest of UNIVERSITY. UNIVERSITY reserves the right to award a Contract for all or any portion of the requirements proposed by reason of this request, award multiple Contracts, or to reject any and all proposals if deemed to be in the best interests of UNIVERSITY and to re-solicit for proposals, or to reject any and all proposals if deemed to be in the best interests of UNIVERSITY and to temporarily or permanently abandon the procurement. If UNIVERSITY awards a contract, it will award the contract to the offeror whose proposal is the most advantageous to UNIVERSITY, considering price and the evaluation factors set forth in this RFP. The contract file must state in writing the basis upon which the award is made.

Interested parties may contact Rae Lender at The University of Texas at Austin Purchasing Office for a copy of the RFP document by calling (512) 471-4266 or by email at: lender@mail.utexas.edu .

An original and five (5) copies of the proposal must be submitted by the Proposal submission deadline of February 18, 2002 at 2:30 P.M., Central Standard Time.

TRD-200200238

Francie Frederick

Counsel and Secretary to the Board

The University of Texas System

Filed: January 17, 2002


Notice of Intent for Consulting Services

The University of Texas Southwestern Medical Center at Dallas (UT Southwestern) will be seeking competitive sealed proposals to hire a consultant to assist the university in preparation of a strategic plan for Information Resources.

The award for the services will be made by a review of competitive sealed proposals that will result in the best value to the UT Southwestern.

The RFP is available at: http://outside.utsouthwestern.edu/rfp/rfp2003stratplan.doc, along with a link to related HUB documents at http://outside.utsouthwestern.edu/frp/hubappendixb.pdf.

Parties interested in more information should contact:

Valerie D. Meyer

Special Projects Coordinator

Information Resources

UT Southwestern Medical Center

5323 Harry Hines Blvd

Dallas, TX 75390-8595

Voice: (214) 648-1718

Email: valerie.meyer@utsouthwestern.edu

A bidder conference will be held February 8, 2002 at 10:30 a.m. in room DC1.200 at UT Southwestern. Interested parties must attend the bidder conference to be considered for this engagement.

The proposal submission deadline will be February 22, 2002 at 3:00 p.m. Central Time.

TRD-200200232

Francie Frederick

Counsel and Secretary to the Board

The University of Texas System

Filed: January 17, 2002


Veterans Land Board

Request for Proposals for Donations of Suitable Land for One or More Texas State Veterans' Cemeteries

State Veterans' Cemeteries Committee of the State of Texas

On November 6, 2001, the citizens of the State of Texas passed a constitutional amendment to authorize the creation of Texas State Veterans' Cemeteries. The 77th Texas State Legislature amended State law to authorize the Veterans' Land Board of the State of Texas (VLB) to operate and maintain up to seven (7) veterans' cemeteries throughout the State. The Legislature established the Texas State Veterans' Cemeteries Committee (Committee) which is required to establish the guidelines for the location and size of the cemeteries, including site selection, and eligibility requirements for burial in the cemeteries.

The VLB will apply to the United States Department of Veterans Affairs for a grant under the State Cemetery Grants Program to construct Texas State Veterans' Cemeteries. The VLB anticipates that Texas may receive grant funding to construct only one cemetery annually. The Program provides federal funds for the cost of building the infrastructure to create a state cemetery program. Program grant money can also be used to acquire equipment needed for cemetery operations. However, federal and state law prohibit expenditure of public funds for site acquisition.

Through the Request for Proposals (RFP), the Committee is seeking the donation of suitable land from interested communities or entities throughout the State for the location and establishment of one or more Texas State Veterans' Cemeteries. The RFP is open to state agencies, counties, cities, veterans' service organizations, individuals, other entities, or any combination of individuals and entities.

The RFP contains pertinent information concerning the preparation and submission of proposals and the criteria that will be used to evaluate submitted proposals. Applicants must have the legal ability to convey title of a donated site to the State of Texas.

A complete copy of the RFP can be obtained by contacting Diane Smith by phone (512) 475-422, by fax (512) 305-9273, via email at diane.smith@glo.state.tx.us or on the VLB website at http://www.glo.state.tx.us/vlb/cemetery/index.html.

PROPOSALS MUST BE RECEIVED NO LATER THAN 3:00 P.M. CENTRAL DAYLIGHT TIME ON WEDNESDAY, MAY 1, 2002 TO BE ELIGIBLE FOR CONSIDERATION. Proposals received after the specified date and time will not be accepted. Copies of the proposal sent by fax or e-mail will not be accepted.

Please submit ten copies of proposals to: By Mail: State Veterans' Cemeteries Committee, c/o Texas Veterans' Land Board, Attn: Larry R. Soward, P.O. Box 12873, Austin, Texas 78711. Or, in person: State Veterans' Cemeteries Committee, c/o Texas Veteran's Land Board, Attn: Larry R. Soward, Stephen F. Austin State Office Building, Room B-15, 1700 N. Congress, Austin, Texas 78701.

A proposal conference for Applicants will be held at 1:00 P.M. on Wednesday March 6, 2002, in Room 118 of the Stephen F. Austin State Office Building located at 1700 North Congress, Austin, Texas. Applicants who plan to attend should notify Larry Soward, Chief Clerk, GLO/VLB by fax (512) 463-5248 or email at larry.soward@glo.state.tx.us.

All inquiries regarding requirements of the RFP should be received no later than 5:00 P.M. on Friday, April 26, 2002 by phone (800) 252-VETS or e-mail at tsvc@glo.state.tx.us. Written responses to inquiries and any revisions or supplements to the RFP issued prior to the due date will be posted on the VLB website at http://www.glo.state.tx.us/vlb/cemetery/index.html.

After the review of all proposals, the Committee will rank up to seven sites for priority consideration to submit for potential future construction of a Texas State Veterans' Cemetery.

TRD-200200332

Larry R. Soward

Chief Clerk, General Land Office

Veterans Land Board

Filed: January 23, 2002