TITLE in-addition

Capital Area Metropolitan Planning Organization

Advertisement for Sealed Proposals

CAPITAL AREA METROPOLITAN PLANNING ORGANIZATION IS REQUESTING SEALED PROPOSALS FROM QUALIFIED CONSULTANTS FOR THE FOLLOWING PROJECT: For Development of Employee Transportation Coordination and Business Education / Attraction Programs (CAMPO-02-FY 02)

Proposal Packets may be obtained from the Capital Area Metropolitan Planning Organization office, 1011 San Jacinto, 2nd Floor, Austin, Texas 78701. A pre-proposal conference is scheduled for Tuesday, January 29, 2002 at 10:00 a.m. in the Third Floor Conference Room.

All proposals must be submitted to the Capital Area Metropolitan Planning Organization Office at the aforementioned address no later than 1:00 p.m. (CST), Thursday, February 14, 2002. No late proposals nor faxed proposals will be accepted.

For further information, please contact Rachel Clampffer, Manager, 512.974.6051, or e-mail to rachel.clampffer@ci.austin.tx.us.

THE CAPITAL AREA METROPOLITAN PLANNING ORGANIZATION HEREBY NOTIFIES ALL OFFERORS THAT IN REGARD TO ANY CONTRACT ENTERED INTO PURSUANT TO THIS ADVERTISEMENT, MINORITY BUSINESS ENTERPRISES AND HISTORICALLY UNDERUTILIZED BUSINESSES WILL BE AFFORDED EQUAL OPPORTUNITIES TO SUBMIT OFFERS IN RESPONSE TO THIS INVITATION AND WILL NOT BE DISCRIMINATED AGAINST ON THE GROUNDS OF RACE, COLOR, SEX, NATIONAL ORIGIN OR DISABILITY IN CONSIDERATION FOR AN AWARD.

TRD-200108297

Michael R. Aulick

Executive Director

Capital Area Metropolitan Planning Organization

Filed: December 28, 2001


Coastal Coordination Council

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

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for these activities extends 30 days from the date published on the Coastal Coordination Council web site. Requests for federal consistency review were received for the following projects(s) during the period of December 14, 2001, through December 20, 2001. The public comment period for these projects will close at 5:00 p.m. on January 25, 2002.

FEDERAL AGENCY ACTIONS:

Applicant: Panaco Production Company; Location: The proposed Well No. 14 would be located at coordinates X=3,319,812; Y=676,384. The proposed platform would be situated 200 feet from the well and the pipeline would terminate at coordinates X=3,322,452; Y=675,918 in Chambers County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Umbrella Point, Texas. Approximate UTM Coordinates: Zone: 15; Easting: 321404; Northing: 3278941. CCC Project No.: 01-0419-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-foot by 100-foot shell pad. If the well is successful, a 40-foot by 30-foot production platform and two 6-inch pipelines, approximately 2,680 feet long, would be installed. The pipelines would be installed by jetting to a minimum depth of 3 feet below the bay bottom. Approximately 1,389 cubic yards of shell would be required for the shell pad and the jetting pipelines would temporarily disturb approximately 893 cubic yards of submerged land. 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) and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387). NOTE: The CMP consistency review for this project may be conducted by the Railroad Commission of Texas as part of its certification under §401 of the Clean Water Act.

Applicant: Panaco Production Company; Location: The proposed Well No. 13 would be located at coordinates X=3,319,527; Y=672,061. The proposed platform would be situated adjacent to the well and within the 500-foot diameter work area. The pipeline would terminate at coordinates X=3,322,452; Y=675,918 at an existing structure. in Chambers County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Umbrella Point, Texas. Approximate UTM Coordinates: Zone: 15; Easting: 327754; Northing: 3282615. CCC Project No.: 01-0423-F1; Description of Proposed Action: The applicant proposes to drill State Tract 87 Well Number 13. If it becomes necessary to stabilize the drilling barge, the applicant requests authorization to install a 250-foot by 100-foot shell pad. If the well is successful, a 40-foot by 30-foot production platform and two 6-inch pipelines, approximately 4,983 feet long, would be installed. The two pipelines would connect the State Tract 87 Well Number 13 to existing facilities. The pipelines would be installed by jetting to a minimum depth of 3 feet below the bay bottom. Approximately 1,389 cubic yards of shell would be required for the shell pad and the jetting pipelines would temporarily disturb approximately 893 cubic yards of submerged land. Type of Application: U.S.A.C.E. permit application #09219(16)/023 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387). NOTE: The CMP consistency review for this project may be conducted by the Railroad Commission of Texas as part of its certification under §401 of the Clean Water Act.

Applicant: Davis Petroleum Corporation; Location: The project site is located in State Tract 127 in Galveston Bay in Chambers County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Morgan's Point, Texas. Approximate UTM Coordinates: Zone: 15; Easting: 312036; Northing: 3279240. CCC Project No.: 01-0424-F1; Description of Proposed Action: This notice reflects a modification to a project that was originally coordinated via public notice dated 28 September 2001. The applicant has revised the project plans to drill their Well No. 1A in State Tract 127 and to realign the flowline in a more northerly direction to avoid impacts to the federal project. The project involves the construction of a well platform, a production platform, a flowline, and a shell pad. The 8-inch flowline would be installed by trenching, jetting, or disking, depending on bottom conditions and would be buried at a minimum of 3 feet below the mudline. The shell pad would be 240 feet long by 100 feet wide and would require the placement of approximately 2,667 cubic yards of material into the bay. No wetlands or vegetated shallows would be impacted. Type of Application: U.S.A.C.E. permit application #22496 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387). NOTE: The CMP consistency review for this project may be conducted by the Railroad Commission of Texas as part of its certification under §401 of the Clean Water Act.

Applicant: Port of Corpus Christi; Location: The project site is located west of Corpus Christi Bay and north of Interstate Highway 37 in Nueces County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Corpus Christi, Texas and Annaville, Texas. Approximate UTM Coordinates: Zone: 15; Easting: 658000; Northing: 3078000. CCC Project No.: 01-0425-F1; Description of Proposed Action: The applicant proposes to construct 11.8 miles of two-lane roadway and approximately 6 miles of railroad corridor paralleling a portion of the proposed roadway. The roadway would consist of one 12-foot wide lane in each direction with 10-foot wide shoulders. The proposed right-of-way width would vary from 100 feet to 220 feet and a small portion would be placed on pilings. This project would require the placement of fill material into approximately 12 acres of jurisdictional areas. Approximately 9 acres of the jurisdictional areas consist of disturbed, mostly unvegetated, hypersaline mudflat. The remaining acres consist of vegetated wetlands. As mitigation for the impacts to aquatic resources, the applicant proposes to create approximately 6 acres of shallow water habitat. Type of Application: U.S.A.C.E. permit application #22534 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 Texas Natural Resource Conservation Commission as part of its certification under §401 of the Clean Water Act.

Applicant: Texas Department of Transportation; Location: The project site is located along Interstate Highway 10 (I-10) from east of Beaumont at the base of the Neches River crossing eastward to I-10's intersection with Dewitt Road, Vidor, Orange County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Beaumont East, Texas. Approximate UTM Coordinates: Zone: 15; Easting: 399298; Northing: 3331459. CCC Project No.: 01-0428-F1; Description of Proposed Action: At a site designated as "Wetland Site", the applicant proposes to widen I-10 from four to six lanes from west of the Neches River eastward to Dewitt Road. At Crossing #1, the applicant proposes to fill approximately 1.10 acres of wetlands to realign Old Highway 90 to alleviate traffic safety hazards. The applicant proposes to remove and replace an existing 59-foot wide by 308-foot long bridge with a 114-foot wide by 308-foot long bridge. The applicant proposes to excavate 0.42-acre adjacent to Baird's Bayou to provide access for construction/demolition barges. No jurisdictional wetlands would be impacted at this site. At Location #1, the applicant proposes to remove and replace an existing 59-foot wide by 420-foot long bridge with a 114-foot wide by 500-foot long bridge, remove the existing east- and west-bound turnarounds, construct new east- and west-bound turnarounds, including a center median, and to plug and abandon existing culverts and install new culverts. The applicant proposes to place approximately 300 cubic yards of clean fill below the ordinary high water mark. This activity would temporarily impact 0.84 acre of wetlands and permanently fill 0.42 acre of wetlands and waters of the U.S. At Crossing #2 the applicant proposes to remove and replace an existing 72-foot wide by 453-foot long bridge with a 114-foot wide by 440-foot long bridge. The applicant proposes to excavate approximately 1.56 acres adjacent to Baird's Bayou to provide access for construction/demolition barges. Approximately 0.090 acre of wetlands would be permanently impacted by the excavation. At Location #5 the applicant proposes to remove and replace an existing 59-foot wide by 450-foot long bridge with a 114-foot wide by 377-foot long bridge, remove the existing east- and west-bound turnarounds, construct new east- and west-bound turnarounds, including a center median, and to plug and abandon existing culverts and install new culverts creating a new flow line for Tiger Creek. The applicant proposes to place approximately 750 cubic yards of clean fill below the ordinary high water mark, place fill in approximately 0.80 acre of wetlands, and install approximately 328 linear feet of 6-foot wide by 3-foot tall box culverts. This activity would temporarily impact 0.68 acre of wetlands and permanently fill 0.91 acre of wetlands and waters of the U.S. Mitigation: At "Wetland Site", the applicant proposes to remove the old roadbed, lower the grade, construct a 1 to 1.5-foot tall berm around the area, and allow the area to revegetate naturally. At Location #1, the applicant proposes to reshape and lower the grade of 0.84 acre of remaining wetlands, create a "wet" basin, and allow the area to revegetate naturally. At Location #5, the applicant proposes to reshape and lower the grade of 0.68 acre of remaining wetlands, create a "wet" basin, and allow the area to revegetate naturally. If additional mitigation is required, the applicant proposes to use credits from the Blue Elbow Preservation Site. Type of Application: U.S.A.C.E. permit application #22345 is being evaluated under §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 Texas Natural Resource Conservation Commission as part of its certification under §401 of the Clean Water Act.

Applicant: Trans Texas Gas Corporation; Location: The project is located in State Tracts 116A, 324, 336, 337, and 346 in Galveston Bay, approximately 5 miles northeast of Texas City, Chambers County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Port Bolivar, Texas. Approximate UTM Coordinates: Zone: 15; Easting: 322000; Northing: 3257000. CCC Project No.: 01-0430-F1; Description of Proposed Action: The applicant proposes to install, operate, and maintain structures and equipment necessary for oil and gas drilling, production, and transportation activities. Such activities include installation of typical marine barges and keyways, shell and gravel pads, production structures with attendant facilities, and flowlines. No drilling or platform construction would be performed within 2,500 feet from the centerline of the Houston Ship Channel. Type of Application: U.S.A.C.E. permit application #22522 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387). NOTE: The CMP consistency review for this project may be conducted by the Railroad Commission of Texas as part of its certification under §401 of the Clean Water Act.

Applicant: Natural Energy Group, Inc.; Location: The project is located in Sabine Lake in State Tracts (ST) 5, 6, and 8 in Orange and Jefferson Counties, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: West of Greens Bayou, Texas. Approximate UTM Coordinates: Zone: 15; Easting: 417250; Northing: 3314517. CCC Project No.: 01-0431-F1; Description of Proposed Action: The applicant requests authorization to install and maintain 12,239 linear feet of pipeline to support the production of the ST 8 No. 1 Well. One 4-inch diameter and one 8-inch diameter pipeline would be jetted or buried in the same 3-foot wide trench at a minimum of 3 feet below the mudline. The pipelines would originate at the ST 8 No. 1 Well and terminate at a riser located on land, west of the Gulf Intracoastal Waterway (GIWW). At the crossing of the GIWW, the pipeline trench would be buried 8 feet below the authorized project depth of 16 feet below mean ground level. In an effort to protect the shoreline at the point where the pipelines would meet the land, the applicant proposes to place approximately 7.5 cubic yards of riprap along the bank. Type of Application: U.S.A.C.E. permit application #22547 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-200200013

Larry R. Soward

Chief Clerk, General Land Office

Coastal Coordination Council

Filed: January 2, 2002


Comptroller of Public Accounts

Notice of Awards

Pursuant to Chapters 403, 2305 and 2156, and Sections 2156.121 and 2156.122, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces this notice of contract awards.

The notice of request for proposals (RFP #121c) was published in the May 25, 2001, issue of the Texas Register (26 TexReg 3854).

The contractors will design, purchase and install renewable energy-powered water purification systems in selected colonias and disaster relief areas.

A contract was awarded to Bob J. Johnson and Associates, Inc., 1313 FM 1960 E., Houston, Texas 77073. The total amount is not to exceed $110,000.00. The term of the contract is October 15, 2001 through October 31, 2002. A second contract was awarded to the University of Texas at El Paso, 500 W. University, El Paso, Texas 79968. The total amount is not to exceed $99,707.00. The contract term is November 1, 2001 through November 30, 2002.

TRD-200200012

Pamela Ponder

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: January 2, 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 12/31/01 - 01/06/02 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 12/31/01 - 01/06/02 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-200108277

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: December 27, 2001


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, 303.005, and 303.009, Tex. Fin. Code.

The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the period of 01/07/02 - 01/13/02 is 18% for Consumer 1 /Agricultural/Commercial 2 /credit thru $250,000.

The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the period of 01/07/02 - 01/13/02 is 18% for Commercial over $250,000.

The monthly ceiling as prescribed by Sec. 303.005 3 for the period of 01/01/02 - 01/31/02 is 18% for Consumer/Agricultural/Commercial/credit thru $250,000.

The monthly ceiling as prescribed by Sec. 303.005 for the period of 01/01/02 - 01/31/02 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.

3 For variable rate commercial transactions only.

TRD-200200011

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: January 2, 2002


Edwards Aquifer Authority

Notice

The Edwards Aquifer Authority hereby gives notice of the Issuance of Proposed Approval of Applications to Transfer Interim Authorization Status and Amend Applications for Initial Regular Permits, and Applications to Transfer and Amend Initial Regular Permits ("Transfer Application"). This Transfer Application applies to transfer interim authorization status and amend Applications for Initial Regular Permit ("IRP Applications") and transfer and amend Initial Regular Permits ("IRPs") where the location of the point of withdrawal is proposed to be transferred from west of Cibolo Creek to east of Cibolo Creek. The Transfer Applications, if approved, would authorize the transferees to withdraw groundwater from the Edwards Aquifer at a new point of withdrawal east of Cibolo Creek according to the terms and conditions set forth in the amended IRP Applications and IRPs. The conditions contained in the amended IRP Applications and IRPs concern the location of points of withdrawal, among other things.

A copy of the Proposed Approval, along with the Technical Summary, are available for public inspection at the offices of the Edwards Aquifer Authority, 1615 North St. Mary's Street, San Antonio, TX 78215, Monday through Friday between the hours of 7:30 a.m. and 4:30 p.m.

A brief description of the Proposed Approval of the Transfer Applications, and Technical Summary are set out on the attached table of Proposed Approvals of Transfer Applications.

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The Proposed Action of the Transfer Applications will be presented to the board of directors for action within 60 days of the date of the last publication of the Notices required to be published pursuant to §707.510(b)(2) and (3) (relating to Publication of Notice of Proposed Permits and Technical Summary in the Texas Register and Local Newspapers) of the Authority's rules, unless a Request for a Contested Case Hearing is submitted within 30 days after publication of this Notice in the Texas Register pursuant to §707.510(d)(6) and §§707.601-.604 (relating to Procedures for Contested Case Hearings on Applications).

An applicant, another applicant for a groundwater withdrawal permit, or a permittee holding a groundwater withdrawal permit may request a hearing on a Transfer Application by filing with the Docket Clerk of the Authority on or before the 30th day after the publication of this Notice in the Texas Register in accordance with §707.510(d)(6) and §707.601-604. Specifically, the deadline for filing a Request for a Contested Case Hearing is on or before Monday, February 11, 2002 at 4:30 p.m. at the Authority's Offices.

A request for a Contested Case Hearing Packet and instructions for filing a Request for a Contested Case Hearing may be obtained by contacting the Docket Clerk of the Authority, Ms. Brenda J. Davis.

This Notice of Proposed Approval of Applications to Transfer Interim Authorization Status and Amend Applications for Initial Regular Permits, and Applications to Transfer and Amend Initial Regular Permits and Technical Summary in Support Thereof is published pursuant to §707.510(b), and will be published in the Texas Register and in the following six newspapers with circulation within the jurisdiction of the Authority: Hondo Anvil Herald; Medina Valley Times; New Braunfels Herald Zeitung; San Antonio Express-News; San Marcos Daily Record; and the Uvalde Leader-News.

If you have questions on any information in this notice or in the event you require additional information hearing procedures, you may contact Ms. Brenda J. Davis, Docket Clerk for the Authority, at (210) 222-2204 or 1-800-292-1047.

TRD-200200008

Gregory M. Ellis

General Manager

Edwards Aquifer Authority

Filed: January 2, 2002


General Land Office

Notice of Intent to Adopt Penalty Schedule and Request for Public Comment

The Texas General Land Office is proposing changes to the current schedule for assessing administrative penalties for violations of Texas Natural Resources Code (the Code)§51.302. Section 51.302 of the Code authorizes the Commissioner of the General Land Office (Commissioner) to assess administrative penalties against a person for constructing, maintaining, owning, or possessing a facility or structure on state-owned submerged land without a proper easement or lease from the state under Chapter 51 or Chapter 33 of the Code. Penalties may be not less than $50 or exceed $1,000 per violation per day. Section 17.7, Title 31, Texas Administrative Code (TAC), provides that the amount of the minimum penalty assessed shall be according to a penalty schedule, approved by the Commissioner with the concurrence of the School Land Board, and made available for public inspection and review. On November 15, 2001, the Commissioner and the School Land Board approved the proposed penalty schedule and requested that public comment be solicited prior to implementation.

The current penalty schedule is based upon a square footage calculation and does not specifically provide for consideration of various factors that would serve to mitigate the penalty. The purpose of the revised penalty schedule is to allow for consideration of these various factors as required by 31 TAC §17.7(1). These factors are: (A) the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation and the hazard and damage, including damage to natural resources, caused thereby; (B) the degree of cooperation of the owner and operator once that person was given notice of the violation; (C) the degree of culpability and the history of previous violations by the owner or operator; (D) the amount necessary to deter future violations; and (E) any other matter relevant to a fair and just result. The intent of the revised penalty schedule is to provide for the assessment of fair, consistent, uniform and appropriate penalties that take into account all relevant factors, and that allow for the consideration of mitigating factors such as the degree of cooperation of the person.

The General Land Office solicits public comment regarding the penalty schedule. Comments may be submitted to Ms. Melinda Tracy, Texas Register Liaison, General Land Office, P.O. Box 12873, Austin, Texas, 78711-2873, melinda.tracy@glo.state.tx.us, facsimile (512) 463-6311. In order to be considered, comments must be received by 5:00 p.m. no later than 30 days after publication. The penalty schedule, including any revisions resulting from public comment, will be adopted by separate notice published in the Texas Register after the closure of the public comment period. For more information on the penalty schedule, please contact Barbara B. Deane, Director, Environmental Law Section, General Land Office, at (512) 463-5836, barbara.deane@glo.state.tx.us.

I. Introduction. The Texas Natural Resources Code (the Code) §51.302 confers authority on the Commissioner of the General Land Office (Commissioner) to assess administrative penalties against a person for constructing, maintaining, owning, or possessing a facility or structure on state-owned submerged land without a proper easement or lease from the state under Chapter 51 or under Chapter 33 of the Code. This penalty matrix ensures that all administrative enforcement actions are fair, uniform, consistent, and appropriate. Administrative penalties assessed may not exceed $1,000 per day. Additional remedies may be available to the Commissioner and the General Land Office (Land Office), such as removal of facilities or structures and assessing costs of removal and disposal, electing to accept ownership of facilities or structures, referrals for injunctive relief, and civil penalties. This matrix does not in any way limit the Commissioner or the Land Office solely to the assessment of administrative penalties. This matrix has been approved by the Commissioner with the concurrence of the School Land Board, and is effective immediately upon publication. This matrix supercedes the "Schedule of Administrative Penalties" previously adopted by the Land Office under §17.7 of Title 31, Texas Administrative Code.

II. Determining the appropriate penalty. Section 17.7 of Title 31, Texas Administrative Code, requires that the Commissioner consider certain factors when determining penalties to be assessed under the provisions of the Code, §§51.302 and 51.3021. The seriousness of the violation ("Type of Structure", "Location of Structure", and "Impediment to Access or Use of State-owned Lands") and the hazard and damage, including damage to natural resources ("Environmental Impacts") will be considered by referencing Table A of this matrix. Each of the four factors should be analyzed as minor, moderate, or major. The corresponding dollar amounts derived from the four factors should be added together for the base penalty. The base penalty will then be adjusted upward or downward based upon the factors in Table B, "Adjustments to Base Penalty." These factors include the "Degree of Cooperation" of the owner and/or operator (Respondent) once that person was given notice of the violation; the "Degree of Culpability and History of Previous Violations" by the owner and/or operator (Respondent); the "Amount Necessary to Deter Future Violations"; and any "Matters Relevant to a Fair and Just Result." The resulting adjustments should be totaled and then applied to the base penalty for a final penalty amount. The penalty will be assessed per day beginning thirty days after service of a Notice of Violation, unless otherwise agreed to in writing by the Land Office or the Commissioner. Pursuant to §51.302 of the Code, and subject to Paragraph IV of this matrix, the maximum penalty is $1,000 per day, and the minimum penalty is $50 per day, regardless of the result of the penalty matrix calculation.

III. Penalty Matrix for Unauthorized Structures. [Table 1]

[graphic]

TABLE B: ADJUSTMENTS TO BASE PENALTY:

Degree of Cooperation - Increase or decrease base penalty up to 50%; maximum adjustment $250.00.

Degree of Culpability and History of Previous Violations - Increase or decrease base penalty up to 50%; maximum adjustment $250.00. Respondents with prior violations are subject to an automatic increase of $250.

Deter Future Violations - Increase or decrease base penalty up to 50%; maximum adjustment $250.00.

Matters Relevant to a Fair and Just Result - Increase or decrease base penalty up to 100%, subject to the minimum penalty of $50.

Total all Table B adjustments then add to (or subtract from) the base penalty for a final penalty amount to be assessed per day.

IV. Result of the Penalty Matrix Calculation. Penalties will not be formally assessed until thirty days after the issuance of a Notice of Violation, pursuant to §51.3021 of the Code. During this thirty-day period, Respondents are given an opportunity to come into compliance.

If the final penalty matrix calculation results in a penalty amount of $50 to $100.00, the Respondent will receive an Advisory Letter and, if the structure or facility qualifies for an easement or lease, an application form.

If the penalty matrix calculation results in a penalty amount of $101 to $200, the Respondent will receive a Notice of Noncompliance and, if the structure or facility qualifies for an easement or lease, an application form.

If the Respondent fails to come into compliance after receipt of an Advisory letter or a Notice of Noncompliance, the Commissioner, through the Land Office, may proceed to issue a Notice of Violation, regardless of the penalty amount.

If the penalty matrix calculation results in a penalty amount of $201 and up, the Respondent will receive a Notice of Violation. Penalties will be pursued in accordance with the procedures set forth in the Code §51.3021, 31 TAC §§17.1-17.50, and 1 TAC §§155.1-155.59.

TRD-200108289

Larry R. Soward

Chief Clerk, General Land Office

General Land Office

Filed: December 27, 2001


Office of the Governor

Notice of Application and Priorities for Byrne Formula Grant Program

The Criminal Justice Division (CJD), Office of the Governor, is preparing its application for a 2002 grant under the federal Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program. The estimated allocation for Texas will be $31.8 million.

In addition, the CJD is proposing to amend the state's three priorities identified in the Multi-Year Statewide Strategy for Drug and Violent Crime Control (2000-2002) . The priorities are used for distribution of subgrants awarded under the Byrne Fund. The new proposed priorities are: 1) enhance the state's response to counter-terrorism through planning, training and equipping resources; 2) coordinate efforts and leverage resources to disrupt the manufacturing, sale, distribution and trafficking of illegal drugs; and 3) reduce the demand for drugs in coordination with a network of prevention and treatment programs.

A copy of the 2000-2002 Strategy may be obtained by writing the Criminal Justice Division, Office of the Governor, P.O. Box 12428, Austin, Texas 78711 or by calling (512) 463-7879.

Comments on the application or the strategy must be submitted in writing to Judy Switzer, Criminal Justice Division, Office of the Governor, P.O. Box 12428, Austin, Texas 78711. Comments must be received in CJD or postmarked no later than 30 days from the date of the publication of this announcement.

TRD-200200002

David Zimmerman

Assistant General Counsel

Office of the Governor

Filed: January 2, 2002


Texas Department of Housing and Community Affairs

Multifamily Housing Revenue Bonds (Park Meadows 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 Boerne City Hall, 403 E. Blanco, Boerne, Texas 78006 at 6 p.m. on January 28, 2002 with respect to an issue of tax-exempt multifamily residential rental project revenue bonds in the aggregate principal amount not to exceed $6,500,000 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 Boerne Park Meadows 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: 100-unit multifamily residential rental development to be constructed on approximately 13.788 acres of land located on second lot on the west side of Calk Lane north of the intersection of Calk Lane and West San Antonio Street in Boerne, Kendall County, Texas 78006. 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-200200009

Ruth Cedillo

Acting Executive Director

Texas Department of Housing and Community Affairs

Filed: January 2, 2002


Texas Department of Housing and Community Affairs Manufactured Housing Division

Notice

Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of the complaint of the Texas Department of Housing and Community Affairs vs. Marco A. Jaramillo dba Fiesta Mobile Homes to hear alleged violations of Sections 6 B(b), 4(d), 14(f), and 14(j)of the Texas Manufactured Housing Standards Act and Sections 80.50(b), 80.54(a), 80.131(b), and 80.132(3) of the Administrative Rules regarding installing a Wind Zone I home in a Wind Zone II area, not properly installing a manufactured home and not responding with corrective action in a timely manner SOAH 332-02-1159. Department MHD2001001313-IV, MHD2001001913-IV, MHD2002000289-IV

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

TRD-200200001

Bobbie Hill

Executive Director

Texas Department of Housing and Community Affairs Manufactured Housing Division

Filed: January 2, 2002


Texas Department of Human Services

Notice of Contract Award

The Texas Department of Human Services (DHS) announces this notice of contract award. The invitation for request for proposal was published in the September 14, 2001, issue of the Texas Register , (26 TexReg 7145).

The Hunger Prevention Act (HPA) of 1988 provides that state agencies may, at their option, inform low-income households about the availability, eligibility requirements, application procedures, and benefits of the Food Stamp Program. States may receive federal matching funds for such program information activities.

DHS did fund and receive a federal match for such a campaign in federal fiscal years 2002 and 2003 totaling $650,000. This contract was awarded to the Texas Association of Community Action Agencies (TACAA), 2512 I.H. 35 South, Suite 100, Austin, TX 78704-2555.

DHS and TACAA will enter into a twenty (20) month cost reimbursement contract that will begin January 1, 2002, and end August 31, 2003. The contractor will subcontract with non-profit, community based organizations who will provide Food Stamp Program information and application assistance to potentially eligible non-participating households. This contract is anticipated to be active in the following counties: Harris, Tarrant, Bexar, Hidalgo, Dallas, and El Paso.

The Texas Works department will administer the program, and Robert Jacques with Program Administration and Educational Services will provide contract oversight. If you have an questions concerning this contract, please contact Robert Jacques at 512/438- 4385.

TACAA will report contract activities monthly to the program administrator and will provide a final report at the end of the contract period.

TRD-200200005

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Filed: January 2, 2002


Texas Department of Insurance

Company Licensing

Application for admission to the State of Texas by THE ACCIDENT FUND COMPANY, a foreign fire and casualty company. The home office is in Lansing, Michigan.

Application for admission to the State of Texas by THE HARTFORD STEAM BOILER INSPECTION AND INSURANCE COMPANY OF CONNECTICUT, a foreign fire and casualty company. The home office is in Hartford, Connecticut.

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

TRD-200200006

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: January 2, 2002


Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Service Lloyds 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 for all classes and coverages (except Towing/Labor and Audio Equipment: +60 for territories 1, 2, 3, 6, 7, 13, 23, 24, 31, 32, and 40; +42 for territories 10, 11, 12, 20, 27, 28, 34, 41, 45, 54, and 62; +32 for all other territories; and Benchmanrk for only Towing/Labor and Audio Equipment coverages under all classes and territories. The overall rate change is +20.6%.

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 January 12, 2002.

TRD-200108278

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: December 27, 2001


Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by The Travelers Indemnity Company of America, proposing to use rates for commercial automobile insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company is requesting the following flex percent of +45% by coverage, for all territories and classifications. This overall rate change is 45%.

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 January 28, 2002.

TRD-200108303

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: December 31, 2001


Notice

A public hearing originally scheduled before the Commissioner of Insurance for February 12, 2002 at 9:30 a.m. under Docket No. 2510, has been moved to Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas, The hearing is to consider staff's petition to amend the Texas Automobile Rules and Rating Manual (the Manual), to adopt new and/or adjusted 2002 model Private Passenger Automobile Physical Damage Rating Symbols.

Proposed amendments to the automobile rules and rating manual and the statutory authority for the proposal was published in the December 28, 2001 issue of the Texas Register (26 TexReg 11103).

TRD-200200004

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: January 2, 2002


Texas Lottery Commission

Instant Game No. 253 "Hearts of Gold"

1.0 Name and Style of Game.

A. The name of Instant Game No. 253 is "HEARTS OF GOLD". The play style is "key symbol match with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 253 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 253.

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, $20.00, $100, $1,000, BOW AND ARROW SYMBOL, RING SYMBOL, LIPS SYMBOL, CANDY SYMBOL, DIAMOND SYMBOL, NECKLACE SYMBOL, ROSE SYMBOL, GIFT SYMBOL, DOLLAR BILL SYMBOL, AND CUPID 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. 253 - 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. 253 - 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, and $20.00.

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

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

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 (253), 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: 253-0000001-000.

L. Pack - A pack of "HEARTS OF GOLD" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of five (5). Ticket 000 to 004 will be on the top page. Tickets 005 to 009 on the next page and so on. Tickets 245 to 249 will be on the last page. Tickets 000 and 249 will be folded down to expose the pack-ticket number 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 "HEARTS OF GOLD" Instant Game No. 253 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 "HEARTS OF GOLD" Instant Game is determined once the latex on the ticket is scratched off to expose 12 (twelve) play symbols. If any of the player's YOUR SYMBOLS match the either LUCKY NUMBER, the player will win the prize shown. If the player gets a cupid 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 12 (twelve) 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 12 (twelve) 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 12 (twelve) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 12 (twelve) 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 duplicate non-winning prize symbols on a ticket.

C. No duplicate non-winning Your Symbols on a ticket.

D. No duplicate Lucky Symbols on a ticket.

E. The auto win symbol will only appear as dictated by the prize structure.

F. The auto win symbol will never appear as the Lucky Symbol.

2.3 Procedure for Claiming Prizes.

A. To claim a "HEARTS OF GOLD" Instant Game prize of $1.00, $2.00, $3.00, $5.00, $10.00, $20.00, $50.00, $100, or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00, $100, or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "HEARTS OF GOLD" Instant Game prize of $1,000, 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 "HEARTS OF GOLD" 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 "HEARTS OF GOLD" 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 "HEARTS OF GOLD" 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 15,564,000 tickets in the Instant Game No. 253. The approximate number and value of prizes in the game are as follows:

Table 3 of this section Figure 3:16 TAC GAME NO. 253- 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. 253 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. 253, 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-200108295

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: December 28, 2001


Instant Game No. 274 "Deluxe 7-11-21"

1.0 Name and Style of Game.

A. The name of Instant Game No. 274 is "DELUXE 7-11-21". The play style is "add up".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 274 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 274.

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, $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $100, $300, $1,000, and $21,000.

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

Table 1 of this section Figure 1:16 TAC GAME NO. 274 - 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. 274 - 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, $6.00, $10.00, or $20.00.

H. Mid-Tier Prize - A prize of $50.00, $100, or $300.

I. High-Tier Prize - A prize of $1,000 or $21,000.

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 (274), 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: 274-0000001-000.

L. Pack - A pack of "DELUXE 7-11-21" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of two (2). Tickets 000 and 001 will be on the top page; tickets 002 and 003 on the next page; etc.; and tickets 248 and 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 "DELUXE 7-11-21" Instant Game No. 274 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 "DELUXE 7-11-21" Instant Game is determined once the latex on the ticket is scratched off to expose 24 (twenty four) play symbols. The player must add all three (3) numbers for each game. If the total is 7, 11, or 21 in a single game, the player will win the prize shown for that game. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 24 (twenty four) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have exactly 24 (twenty four) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

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

16. Each of the 24 (twenty four) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 24 (twenty four) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. No duplicate non-winning prize symbols on a ticket.

C. No duplicate non-winning games in any order on a ticket.

2.3 Procedure for Claiming Prizes.

A. To claim a "DELUXE 7-11-21" Instant Game prize of $2.00, $4.00, $6.00, $10.00, $20.00, $50.00, $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 $50.00, $100, or $300 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "DELUXE 7-11-21" Instant Game prize of $1,000 or $21,000, 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 "DELUXE 7-11-21" 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 "DELUXE 7-11-21" 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 "DELUXE 7-11-21" 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 12,233,250 tickets in the Instant Game No. 274. The approximate number and value of prizes in the game are as follows:

Table 3 of this section Figure 3:16 TAC GAME NO. 274- 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. 274 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. 274, 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-200108294

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: December 28, 2001


North Central Texas Council of Governments

Request for Proposals

This request by the North Central Texas Council of Governments (NCTCOG) for consultant services is filed under the provisions of Government Code, Chapter 2254.

The North Central Texas Council of Governments is requesting written proposals from consultant firms to undertake the development of Freeway Incident Management course materials that will be used to train emergency response personnel in the management and clearance of freeway traffic incidents. Materials for three courses, a Responder's Course, a Manager's Course, and an Executive's Course, will need to be developed from an existing annotated outline. The final documentation should include a master course notebook, course slides, instructor's notes, class exercises, and a train-the-trainer session for each course.

Due Date

Proposals must be submitted no later than 5 p.m., Central Time, on Friday, February 1, 2002, to Natalie Bettger, Senior Transportation Planner, North Central Texas Council of Governments, 616 Six Flags Drive, Arlington, Texas 76011. For more information and copies of the Request for Proposals, contact Natalie Bettger at (817) 695-9280.

Contract Award Procedures

The firm selected to perform this study will be recommended by a Project Review Committee. The PRC will use evaluation criteria and methodology consistent with the scope of services contained in the Request for Proposals. The NCTCOG Executive Board will review the PRC's recommendations and, if found acceptable, will issue a contract award.

Regulations

NCTCOG, in accordance with Title VI of the Civil Rights Act of 1964, 78 Statute 252, 41 United States Code 2000d to 2000d-4; and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 1, Nondiscrimination in Federally Assisted Programs of the Department of Transportation issued pursuant to such act, hereby notifies all proposers that it will affirmatively assure that in regard to any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, age, national origin, or disability in consideration of an award.

TRD-200108276

R. Michael Eastland

Executive Director

North Central Texas Council of Governments

Filed: December 27, 2001


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 mentoring services for at-risk youth. PRS anticipates funding only one contract as a result of this solicitation. The Request for Proposal (RFP) will be released on or about January 11, 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 At-Risk Mentoring Program is to provide supportive mentoring relationships between youth ages 7 to 17, and committed adult mentors. The partnership between a youth and adult is likely to result in youth being less likely to start using drugs and alcohol, less likely to commit minor acts of violence, more likely to improve school attendance and performance, and more likely to improve peer and family relationships. Community-based programs with a vision of collaboration and focus on positive affirmation can offer youth and their families the tools and knowledge needed to problem solve, master new skills, relate more effectively, and improve their over-all quality of 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 Business (HUBS), Minority Business and Women's Enterprises, and Small Businesses are encouraged to apply.

Limitations : Total anticipated funding for the 18-month contract is $50,000 available for March 1, 2002, through August 31, 2002, and $100,000 available 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 February 19, 2002, at 4:00 p.m. The effective date of the contract awarded under this RFP will be March 1, 2002, through August 31, 2003.

Contact Person : Potential offerors may obtain a copy of the RFP on or about January 11, 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-200108288

C. Ed Davis

Deputy Director, Legal Services

Texas Department of Protective and Regulatory Services

Filed: December 27, 2001


Request for Proposal

The Texas Department of Protective and Regulatory Services (PRS), Division of Prevention and Early Intervention, is soliciting proposals to provide facility-based enrichment activities for youth. PRS anticipates funding only one contract as a result of this solicitation. The Request for Proposal (RFP) will be released on or about January 11, 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 for Facility-Based Youth Enrichment Activities is to provide a dedicated facility for youths 7 to 17 offering after-school, weekend, and summer activities. Activities are provided in the areas of Leadership, Education and Career Development, Health, Recreation, the Arts, and Sport Fitness. The activities are designed to enhance self-esteem; improve school attendance and performance; promote more challenging career choices; and lead to more productive lives overall for at-risk youth. Structured after-school, weekend, and summer enrichment programs, administered by capable, caring adults, have been shown to be a powerful resource in instilling a sense of competence, personal value, belonging, and empowerment in youth. Facilities deliver enrichment activities to youth who reside in communities identified as at- risk due to a variety of indicators, such as juvenile crime and high school dropout rates. The contract will be funded and managed by PRS.

Eligible Applicants : Eligible offerors are community-based nonprofit corporations or organizations.

Limitations : Total anticipated funding for the 18-month contract is $50,000 available for March 1, 2002, through August 31, 2002, and $100,000 available for September 1, 2002, through August 31, 2003. This project requires a minimum 5% match. 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 February 19, 2002, at 4:00 p.m. The effective date of the contract awarded under this RFP will be March 1, 2002, through August 31, 2003.

Contact Person : Potential offerors may obtain a copy of the RFP on or about January 11, 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-200108287

C. Ed Davis

Deputy Director, Legal Services

Texas Department of Protective and Regulatory Services

Filed: December 27, 2001


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 December 18, 2001, for a certificate of convenience and necessity (CCN) for a proposed transmission line in Collin County, Texas.

Docket Style and Number: Application of TXU Electric Company (TXU) for a Certificate of Convenience and Necessity for a Proposed Transmission Line in Collin County, Texas. Docket Number 25179.

The Application: On December 18, 2001, TXU filed an application for a CCN for construction of a double circuit 138 kV transmission line in Collin County, Texas. The proposed transmission line will begin at the existing Collin Steam Electric Station (SES) in Collin County. The existing Collin SES is located north of Collin County Road 24 and approximately 3,000 feet west of Preston Road. The new transmission line will replace an existing single circuit 138 kV transmission line and will be constructed within the existing, maintained TXU right-of-way. For the first 55,170 feet (from Collin SES to its intersection with the two existing transmission lines located south of the Carpenter Park Recreation Center in Plano), the centerline of the new transmission line will be approximately 20 feet west of the centerline of the existing 138 kV transmission line. From that point south, the centerline of the new transmission line will be coincident with the centerline of the existing 138 kV transmission line. The new transmission line will extend to the southeast from the Collin SES for approximately 4,800 feet to an angle point, located approximately 450 feet southeast of the intersection of Collin County Road 1043 and Preston Road. In this segment, the new transmission line will cross over Collin County Road 1043 and Preston Road. From the angle point, the new transmission line proceeds in a southeasterly direction for approximately 2,750 feet to an angle point located approximately 1,600 feet east of the Preston Road and 2,800 feet south of Collin County Road 23. From the angle point, the new transmission line proceeds a southeasterly direction for approximately 10,700 feet to an angle point located approximately 1,900 feet west of Coit Road and 2,600 feet north of Farm to Market Road 720. This segment of the new transmission line will cross over Collin County Road 22. From the angle point, the new transmission line turns in a south/southeasterly direction for approximately 1,900 feet to an angle point located approximately 1,300 feet west of Coit Road and approximately 850 feet north of Farm to Market Road 720. From the angle point, the new transmission line turns to the south for approximately 48,500 feet to an angle point located approximately 2,500 feet west of Coit Road and 1,900 feet north of Plano Parkway. In this segment, the new transmission line will cross over Farm to Market Road 720, Lebanon Road, State Highway 121, McDermott Drive, Hedgcoxe Road, Legacy Drive, Spring Creek Parkway, Parker Road, and Park Boulevard. A portion of this segment of the new transmission line will parallel an existing TXU 345 kV transmission line. From the angle point, the new transmission line turns to the south/southeast for approximately 1,250 feet to an angle point located 800 feet north of Plano Parkway and 2,500 feet west of Coit Road. From the angle point, the new transmission line turns to the south for approximately 2,500 feet to an angle point located approximately 2,800 feet west/northwest of the intersection of Plano Parkway and Coit Road. In this segment, the new transmission line will cross over Plano Parkway. From the angle point, the new transmission line turns in a westerly direction for approximately 850 feet to the existing Renner Switching Station, located approximately 1,700 feet south of Plano Parkway and approximately 3,600 feet west of Coit Road. The estimated cost of this project is $12,414,319.

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-200108274

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 21, 2001


Public Notice of Amendment to Interconnection Agreement

On December 20, 2001, 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 25202. 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 25202. 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 January 22, 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 25202.

TRD-200108271

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 21, 2001


Public Notice of Amendment to Interconnection Agreement

On December 20, 2001, Southwestern Bell Telephone Company and VarTec 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 & Supplement 2002) (PURA). The joint application has been designated Docket Number 25203. 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 25203. 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 January 22, 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 25203.

TRD-200108272

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 21, 2001


Public Notice of Amendment to Interconnection Agreement

On December 20, 2001, Southwestern Bell Telephone Company and 877-Ring Again, 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 25204. 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 25204. 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 January 22, 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 25204.

TRD-200108273

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 21, 2001


Southwest Texas State University

Request for Proposals

The Texas State University System is requesting proposals from Executive Recruiting Firms to assist the Board of Regents and the Presidential Selection Advisory Committee in identifying candidates to serve as the next President of Southwest Texas State University. The current President, Dr. Jerome Supple, has announced his retirement after leading the university for twelve years.

Proposal Requirements:

A. Ten copies of the Proposal are to be submitted no later than 5:00 p.m. on Tuesday, January 15, 2002, to:

Chancellor Lamar Urbanovsky, Texas State University System, 200 E. 10th Street, Suite 600, Austin, Texas 78701-2407, (512) 463-1808

B. The Proposal should include the following information:

1. List of all principles in the firm and their locations.

2. Number of years firm has been providing this type of service.

3. List of organizations for which the firm has provided this type of service in the last five years, including contact persons.

4. Number of active searches and the states where the searches are based.

5. A brief description of the methodology for providing these services.

6. The resumes of all individuals who will be coordinating the efforts.

7. The fees for providing the services requested and an estimate of the direct expenses involved for providing these services.

8. The Proposals should be submitted on 8.5 x 11 sheet format, with all pages sequentially numbered and either stapled or bound.

C. Services requested:

1. Assist the twelve member Selection Advisory Committee, appointed by the Board of Regents with representatives from the regents, faculty, deans’ council, chairman’s council, students, alumni, staff and community, to determine the best twenty to twenty-five candidates for the committee to consider with the goal of submitting three to six names to the Board of Regents.

2. Attached is a copy of the advertisement currently being published in the Chronicle of Higher Education and the Chairman of the Presidential Selection Advisory Committee has sent letters requesting nominations to educational leaders in all fifty states. The consultant should provide those services necessary, beyond the above stated efforts, to enhance the applicant pool in order that the top twenty to twenty-five candidates can be identified.

3. Once the top twenty to twenty-five candidates are identified the consultant services will be concluded. The Selection Advisory Committee will conduct the background checks once the candidates are identified and will organize the initial off-campus interviews.

A. Criteria and Evaluation:

1. In evaluating and selecting the consulting firm, the Board of Regents will consider past experience in conducting executive searches, the participation of minorities and women in the process, the expertise of the participants and the reasonableness of the fees. Interviews of the perspective consultant firms are scheduled for Tuesday, January 29, 2002.

2. The Board of Regents reserves the right to consider all factors it believes to be relevant in selecting a consultant. The award of the consultant contract will be based upon the Board’s determination of the best overall value to the System.

TRD-200108275

William A. Nance

Vice President for Finance and Support Services

Southwest Texas State University

Filed: December 21, 2001


Texas Water Development Board

Applications Received

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

Town of Pecos City, 110 East 6th Street, Pecos, Texas, 79772, received September 26, 2001, application for financial assistance in the amount of $305,739 from the Economically Distressed Areas Program.

City of Brownsville, Public Utilities Board, P.O. Box 3270, Brownsville, Texas, 78523-3270, received October 2, 2001, application for financial assistance in an amount not to exceed $75,000 from the Economically Distressed Areas Research and Planning Fund.

Panhandle Groundwater Conservation District, P.O. Box 637, White Deer, Texas, 79097, received November 26, 2001, application for financial assistance in the amount of $500,000 from the Agricultural Water Conservation Loan Program.

Travis County Water Control and Improvement District No. 17, 3812 Eck Lane, Austin, Texas, 78734, received November 5, 2001, application for financial assistance in the amount of $1,100,000 from the Texas Water Development Funds.

Millersview-Doole Water Supply Corporation, P.O. Box 130, Millersview, Texas, 76862, received April 2, 2001, application for financial assistance in the total amount of $19,430,000 from the Drinking Water State Revolving Fund (Disadvantaged Community Program).

La Feria Irrigation District Cameron County No. 3, P.O. Box 158, La Feria, Texas, 78559, received September 5, 2001, application to contract for preparation of feasibility study in an amount not to exceed $133,070 from the Water Bank Account.

TRD-200200014

Gail L. Allan

Director of Project Related Legal Services

Texas Water Development Board

Filed: January 2, 2002


Texas Workers' Compensation Commission

Correction of Error

The Texas Workers' Compensation Commission (TWCC) adopted amendments to rules under Chapter 126, 130, 133, and 134. The rules were published in the December 28, 2001 issue of the Texas Register . (26 TexReg 10899). The adoption of the following rules, as submitted, contained errors as indicated below:

Chapter 126 General Provisions Applicable to All Benefits

§126.5 -126.7 (26 TexReg 10899)

1. Preamble - Page 10900 (1st Column, 3rd paragraph)

The first sentence in this paragraph contains an error. The corrected sentence should read as follows: "Because the Chapter 180 rules will not be considered for adoption at the same time as §§126.5-126.7, §126.5(c) was changed to allow the commission the flexibility to adjust the final version of the Chapter 180 rules without conflicting with this rule."

2. §126.6

§126.6 (b) - Page 10908 (2nd column)

A closing parenthesis should have been inserted at the end of this sentence. The corrected sentence should read: "The 24 hours requirement will be waived in an emergency situation (such as a death in the immediate family or a medical emergency)."

3. §126.6

§126.6(e) - Page 10908 (2nd column)

This subsection contains an error. The first sentence should be changed to read as follows: "An RME doctor who, subsequent to a designated doctor's examination, determines the employee has reached maximum medical improvement or who assigns an impairment rating, shall complete and file the report as required by §130.1 and §130.3 of this title (relating to Certification of Maximum Medical Improvement and Evaluation of Permanent Impairment and Certification of Maximum Medical Improvement and Evaluation of Permanent Impairment by Doctor Other than the Treating Doctor)."

4. §126.6

§126.6(g) - Page 10909 (1st column)

The last sentence of this subsection contains an error. The corrected sentence should read "Examinations with a designated doctor are not subject to any limitations under the provisions for RMEs."

5. §126.7

§126.7(b)(3) - Page 10909 (2nd column)

This paragraph contains an error. The corrected sentence should read: "(3) The effect of a RME doctor's opinion that the employee can return to work with restrictions is governed by §129.6 of this title (relating to Bona Fide Offers of Employment)."

6. §126.7

§126.7(d)(1) - Page 10910 (1st column )

The word "agreement" was omitted in this paragraph. The corrected version of the paragraph should read: "(1) the treating doctor indicates agreement with the RME doctor's release to return to work without restrictions agreement (in which case the carrier shall maintain documentation of the treating doctor's agreement and shall pay income benefits in accordance with this title and the rest of this section does not apply); or"

7. §126.7

§126.7(g)(3) - Page 10910 (1st column)

This paragraph contains an error. A closing parenthesis and a period should be inserted at the end of the paragraph.

Chapter 130 Impairment and Supplemental Income Benefits,

§§130.1-130.4 and new §130.5 (26 TexReg 10910)

1. Preamble - Page 10912 (2nd column, 1st paragraph). The last sentence in this paragraph should be deleted. The correct version of the paragraph should read as follows: "Two grounds for invoking the presumption of MMI procedure are added. First, the carrier can invoke the procedure on or after the date that a designated doctor estimated that the employee would reach MMI (assuming that a designated doctor had made such an estimate). Second, the carrier can invoke the procedure four weeks on or after the date the employee should have been able to return to work without restriction. This language was modified to indicate that it is four weeks past the point that the claim has become a Work Release Outlier Claim as defined by commission rule."

2. Preamble - Page 10913 (1st column, 1st paragraph, 1st sentence). The word "some" was omitted from this sentence. The corrected sentence should read: "The prior rule provided for finality of some certifications of MMI and impairment ratings. First, the commission believes that the language in the prior rule was appropriate given the statutory provisions at the time that the rule was originally adopted in 1991."

3. Preamble - Page 10920 (2nd column 5th paragraph, last sentence). The reference to new §408.001 of the Texas Labor Code should be changed to §408.0041.

§130.1

1. §130.1(b)(4)(D) - Page 10926 (1st column). This subparagraph contains an error. The word "Complete" should begin with a lower case "c".

§130.2

1. §130.2(a)(1) - Page 10927 (1st column). The first sentence contains an error. The corrected sentence should read: "(1) A treating doctor who finds that the employee has permanent impairment but who is not authorized to assign impairment ratings as provided in §130.1 of this title (relating to Certification of Maximum Medical Improvement and Evaluation of Permanent Impairment), shall make a referral to a doctor who is authorized to do so on behalf of the treating doctor."

2. §130.2(b) - Page 10927 (2nd column). There is an extra period at the end of this subsection. One period should be deleted.

3. §130.2(c) - Page 10927 (2nd column). This subsection contains errors. The corrected version should read as follows: "(c) The commission shall mail a notice to a treating doctor on the expiration of 98 weeks from the date the employee's TIBs began to accrue if the employee is still receiving TIBS. The commission's notice shall advise the treating doctor of the requirements of chapter 408, Subchapter G of the Texas Workers' Compensation Act, and of this rule, and require that an impairment rating report be mailed to the commission no later than 104 weeks from the date temporary income benefits began to accrue. A copy of the notice shall be sent to the employee as well."

§130.4

1. §130.4 (e) - Page 10928 (2nd column). This subsection contains an error in a reference to §130.5. The corrected text in this subsection should read as follows: "(e) If the treating doctor fails to respond as required by this rule, or if the treating doctor certifies that the employee has not reached MMI, the carrier may request a designated doctor under §130.5 (relating to Entitlement and Procedure for Requesting Designated Doctor Examinations Related to Maximum Medical Improvement and Impairment Rating)." §130.5

1. §130.5(c) - Page 10928, (2nd column). This subsection contains an error. The word "to" is missing in the first sentence. The corrected sentence should read as follows: "(c) A certification of MMI and/or impairment rating assigned by a doctor selected by a carrier when the carrier was not entitled to such an evaluation, or otherwise assigned in violation of §126.5 of this title (relating to Entitlement to and Procedure for Requesting Required Medical Examinations), or assigned by a doctor who is not authorized to certify MMI or assign an impairment rating is invalid and this section does not apply."

Chapter 133 - General Medical Provisions

§§133.305-133.308 (26 TexReg 10963 )

1. Preamble - Page 10963 (2nd column)

A comment from an individual and the agency's response was inadvertently omitted.

The following comment and agency's response should be inserted at the end of the comment and response summary:

"PROPOSED §133.308(v).

Comment: The statute does not assign presumptive weight to the decision of the IRO. Had the legislature intended to do so, they could have. The burden has always been on the claimant.

Response: HB-2600 mandated the use of IROs in order to utilize a medical opinion independent of the disputing parties and the commission. Utilizing the independent medical expert removes the commission from resolving the issues of medical necessity in prospective and retrospective disputes. Texas Labor Code §413.031 provides that it is a defense for the insurance carrier if the carrier timely complies with the decision of the IRO, and therefore, gives greater weight to the decision of the IRO doctor when compared with the treating doctor or a doctor's opinion obtained by the carrier. The rebuttable presumption places upon the losing party at an appeal to SOAH the burden to prove, by a preponderance of the evidence, that the independent medical decision was not correct. This requirement is consistent with present requirements for these appeals and furthers the legislative purpose of reducing disputes and appeals."

2. §133.307 - Page 10965 (1st column) The title of this section (Medical Dispute Resolution of Regarding a Medical Fee Dispute) is incorrect. The word "Regarding" should be deleted. The corrected title should read as follows: "Medical Dispute Resolution of a Medical Fee Dispute."

3. §133.307(d) (1) - Page 10965 (1st column) This paragraph reads as follows: "A request for medical dispute resolution on a carrier denial or reduction, of a medical bill pursuant to §133.304 of this title (relating to Medical Payments and Denials or an employee...." A closing parenthesis should have been inserted after the word "Denials". The sentence should read as follows: "A request for medical dispute resolution on a carrier denial or reduction, of a medical bill pursuant to §133.304 of this title (relating to Medical Payments and Denials) or an employee...."

4. §133.307(d)(2) - Page 10965 (1st column) A period was omitted in this paragraph. The period should be inserted following the word "dispute" at the end of the sentence.

5. §133.307(g) - Page 10966 (1st column) A period was omitted at the end of the paragraph header. The period should be inserted after the words "Commission Notice".

6. §133.308(m) - Page 10969 (1st column 2nd sentence. This sentence contains an error. The correct version of this sentence should read: "The IRO request to the commission must be made no later than 10 days after the IRO receives notification of assignment of the IRO."

7. §133.308(n) - Page 10969 (1st column 2nd sentence) This sentence contains an error. The correct version of this sentence should read as follows: "The IRO will review and render a decision on prospective necessity disputes by the 20th day after the IRO receipt of the dispute."

Chapter 134. Benefits-Guidelines For Medical Services, Charges, and Payments

Subchapter F. Pharmaceutical Benefits

§§134.500, 134.502 - 134.504, 134.506 (26 TexReg 10970)

1. Preamble - Page 10978, (2nd column, 1st paragraph last sentence) The rule was submitted with an error in the last sentence of this paragraph. The sentence reads as follows: "The prescription calls for 64 to the injured employee...". The word "to" should have been "so". The corrected text should read: "The prescription calls for 64 so the injured employee..."

TRD-200200015

A. Kaylene Ray

Assistant General Counsel

Texas Workers' Compensation Commission

Filed: January 3, 2002