Pursuant to Sections 403.011, 2155.001, and 2156.121, Texas Government Code and Chapter 54, Subchapters F and G, Texas Education Code, the Comptroller of Public Accounts (Comptroller) announces this notice of contract award.

The original notice of request for proposals (RFP #129b) was published in the September 28, 2001 issue of the Texas Register at (26 TexReg 7618). The first Amended Notice of Request for Proposals was published in the October 5, 2001 issue of the Texas Register at (26 TexReg 7917). The second Amended Notice of Request for Proposals was published in the October 19, 2001 issue of the Texas Register at (26 TexReg 8368).

The contractor will assist the Comptroller by providing plan manager services for the higher education Section 529 savings plan administered by the Texas Prepaid Higher Education Tuition Board as authorized under Senate Bill 555.

The contract is awarded to Enterprise Capital Management, Inc., Atlanta Financial Center, 3343 Peachtree Road, N.E., Suite 450, Atlanta, Georgia 30326-1022. The total amount of the contract is based on the market value of assets managed. The contract was executed on June 17, 2002. The term of the contract is June 17, 2002 through August 31, 2007 (plus 2 one-year options to renew).

TRD-200203837

Pamela Ponder

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: June 19, 2002

Pursuant to Chapter 2254, Subchapter B, and Sections 403.011 and 403.020, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces the issuance of a Request for Proposals (RFP #143a) from qualified, independent firms to provide consulting services to Comptroller. The successful respondent will assist Comptroller in conducting a management and performance review of the Clear Creek Independent School District (Clear Creek ISD). Comptroller reserves the right, in its sole discretion, to award one or more contracts for a review of the Clear Creek ISD included in this RFP. The successful respondent(s) will be expected to begin performance of the contract or contracts, if any, on or about October 1, 2002.

Contact: Parties interested in submitting a proposal should contact Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., ROOM G-24, Austin, Texas, 78774, telephone number: (512) 305-8673, to obtain a copy of the RFP. Comptroller will mail copies of the RFP only to those specifically requesting a copy. The RFP was made available for pick-up at the above-referenced address on Friday, June 28, 2002, between 2 p.m. and 5 p.m., Central Zone Time (CZT), and during normal business hours thereafter. Comptroller also made the complete RFP available electronically on the Texas Marketplace at: http://esbd.tbpc.state.tx.us after 2 p.m. (CZT) on Friday, June 28, 2002.

Mandatory Letters of Intent and Questions: All Mandatory Letters of Intent and questions regarding the RFP must be sent via facsimile to Mr. Harris at: (512) 475-0973, not later than 2:00 p.m. (CZT), on Tuesday, July 16, 2002. Official responses to questions received by the foregoing deadline will be posted electronically on the Texas Marketplace no later than July 18, 2002, or as soon thereafter as practical. Mandatory Letters of Intent received after the 2:00 p.m., July 16th deadline will not be considered. Respondents shall be solely responsible for confirming the timely receipt of Mandatory Letters of Intent to propose.

Closing Date: Proposals must be received in Assistant General Counsel's Office at the address specified above (ROOM G-24) no later than 2 p.m. (CZT), on Monday, July 29, 2002. Proposals received after this time and date will not be considered. Proposals will not be accepted from respondents that do not submit mandatory letters of intent by the July 16, 2002, deadline. Respondents shall be solely responsible for confirming the timely receipt of proposals.

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

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

The anticipated schedule of events is as follows: Issuance of RFP - June 28, 2002, 2 p.m. CZT; All Mandatory Letters of Intent and Questions Due - July 16, 2002, 2 p.m. CZT; Official Responses to Questions Posted - July 18, 2002, or as soon thereafter as practical; Proposals Due - July 29, 2002, 2 p.m. CZT; Contract Execution - August 15, 2002, or as soon thereafter as practical; Commencement of Project Activities - October 1, 2002.

TRD-200203838

Pamela Ponder

Deputy General Counsel for Contracts

Comptroller Of Public Accounts

Filed: June 19, 2002

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

An application for a name change was received for Tarrant County Employees Credit Union, Fort Worth, Texas. The proposed new name is Tarrant County Credit Union.

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

TRD-200203820

Harold E. Feeney

Commissioner

Credit Union Department

Filed: June 18, 2002

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

An application was received from GPS Community Credit Union, Galena Park, Texas to expand its field of membership. The proposal would permit persons who live, work, or attend school in the North Channel Area, excluding persons primarily eligible for membership in an occupation or association based credit union as of the date of this amendment (June 6, 2002) having an office within this area, to be eligible for membership in the credit union.

An application was received from Employees Credit Union, Dallas, Texas to expand its field of membership. The proposal would permit persons who live, work or attend school in Kaufman County, Texas, to be eligible for membership in the credit union.

An application was received from Government Employees Credit Union of El Paso, El Paso, Texas to expand its field of membership. The proposal would remove the exclusionary language protecting the field of membership of certain occupational-based credit unions having offices within El Paso County.

An application was received from Keystone Credit Union, Tyler, Texas, to expand its field of membership. The proposal would permit persons who live or work within a 10-mile radius of the following locations: 11877 CR 492, Tyler, Texas and 1550 Rice Road, Tyler, Texas, to be eligible for membership in the credit union.

An application was received from Medical Community Credit Union, Odessa, Texas, to expand its field of membership. The proposal would permit persons who live, work or attend school in the following counties: Gaines, Pecos, Reeves, Crane, Upton, Martin and Glasscock County, Texas, to be eligible for membership in the credit union.

An application was received from MemberSource Credit Union, Houston, Texas to expand its field of membership. The proposal would permit employees of Caminus (formerly Altra Technologies) who work in or are paid from New York, New York, to be eligible for membership in the credit union.

An application was received from MemberSource Credit Union, Houston, Texas to expand its field of membership. The proposal would permit employees of CW Rod Tool Company who work in or are paid or supervised from Houston, Texas, to be eligible for membership in the credit union.

An application was received from Midwestern State University Credit Union, Wichita Falls, Texas to expand its field of membership. The proposal would permit all full-time administration, faculty, classified, and at-will employees of Vernon College (including all branches), to be eligible for membership in the credit union.

An application was received from NCE Credit Union, Corpus Christi, Texas to expand its field of membership. The proposal would permit employees of the Nueces County Drainage and Conservation District #2, to be eligible for membership in the credit union.

An application was received from NCE Credit Union, Corpus Christi, Texas to expand its field of membership. The proposal would permit employees of the Nueces County Water Control District #3, to be eligible for membership in the credit union.

An application was received from Neighborhood Credit Union, Dallas, Texas to expand its field of membership. The proposal would remove exclusionary language protecting the field of membership of certain occupational based credit unions having offices in the City of Arlington, Texas.

An application was received from Texas Bay Area Credit Union, Pasadena, Texas to expand its field of membership. The proposal would permit persons who live or work within the City of Pasadena, City of Deer Park, and the City of La Porte, Texas, to be eligible for membership in the credit union.

An application was received from Texas Bay Area Credit Union, Pasadena, Texas to expand its field of membership. The proposal would permit persons who live or work within an area bounded by Lake Houston on the north, US Hwy 59 and I-610 on the West, San Jacinto River on the east, and the Houston Ship Channel on the south in Harris County, Texas, to be eligible for membership in the credit union.

An application was received from Premier Credit Union, Chatsworth, California to expand its field of membership of its branch office located in Houston, Texas. The proposal would permit employees, annuitants, and their family members of Baker Hughes Business Support Services, Houston, Texas, to be eligible for membership in the credit union.

An application was received from Star One Credit Union, Sunnyvale, California to expand its field of membership of its branch office located in Austin, Texas. The proposal would permit employees of Hire.com who work at or are paid from or supervised from or headquartered in Austin, Texas, to be eligible for membership in the credit union.

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

TRD-200203819

Harold E. Feeney

Commissioner

Credit Union Department

Filed: June 18, 2002

In accordance with the provisions of 7 TAC Section 91.103, the Credit Union Department provides notice of the final action taken on the following application(s):

Application(s) to Expand Field of Membership - Approved

Benchmark Credit Union, Midland, Texas - See Texas Register issue dated February 22, 2002.

Texans Credit Union (2 applications), Richardson, Texas - See Texas Register issue dated February 22, 2002.

Texas Dow Employees Credit Union, Lake Jackson, Texas - See Texas Register issue dated March 29, 2002.

East Texas Professional Credit Union, Longview, Texas - See Texas Register issue dated April 26, 2002.

Ward County Teacher's Credit Union, Monahans, Texas - See Texas Register issue dated April 26, 2002.

Application(s) to Amend Articles of Incorporation - Approved

Corpus Christi Area Teachers Credit Union, Corpus Christi, Texas - See Texas Register issue dated March 29, 2002.

TCUL Credit Union, Dallas, Texas - See Texas Register issue dated March 29, 2002.

Application(s) for a Merger or Consolidation - Approved

Wetex Credit Union and Kraft America Credit Union - See Texas Register issue dated February 22, 2002.

TRD-200203821

Harold E. Feeney

Commissioner

Credit Union Department

Filed: June 18, 2002

The Texas Department of Criminal Justice invites bids for the repair of sewer lines at the Goree Unit, Huntsville, Texas. The project consists of construction of sewer line repair at the existing TDCJ Goree Unit, 7504 Hwy 75 South, Huntsville, Texas 77344. The work includes sewer line repair, as further shown in the Contract Documents prepared by, TDCJ A&E, Ron Roche.

The successful bidder will be required to meet the following requirements and submit evidence within five days after receiving notice of intent to award from the Owner:

A. Contractor must have a minimum of 5 (five) consecutive years experience in the repair of sewer lines and provide references for at least three projects that have been completed of a dollar value and complexity equal to or greater than the proposed project.

B. Contractor must be bondable and insurable at the levels required.

All Bid Proposals must be accompanied by a Bid Deposit in the amount of 5% of greatest amount bid. Performance and Payment Bonds in the amount of 100% of the contract amount will be required upon award of a contract. The Owner reserves the right to reject any or all bids, and to waive any informality or irregularity.

Bid Documents can be purchased from the Architect/Engineer at a cost of $75.00 (Seventy Five Dollars, nonrefundable) per set, inclusive of mailing/delivery costs, or they may be viewed at various plan rooms. Payment checks for documents should be made payable to Texas Department of Criminal Justice:

Texas Department of Criminal Justice

Contract and Procurement Department

Two Financial Plaza, Ste 525, Huntsville, Texas 77340

Contact: Thomas M. Ossowski CTP

Ph: (936) 437 7131; Fax: (936) 437 7009

A Pre-Bid conference will be held at 2:00PM on July 9, 2002 at the Goree Unit, Huntsville, Texas, followed by a site-visit. ONLY ONE SCHEDULED SITE VISIT WILL BE HELD FOR REASONS OF SECURITY AND PUBLIC SAFETY; THEREFORE, BIDDERS ARE STRONGLY ENCOURAGED TO ATTEND.

Bids will be publicly opened and read at 10:00AM on July 24, 2002 , in the Contracts and Procurement Conference Room located in the West Hill Mall, Suite 525, Two Financial Plaza, Huntsville, Texas.

Attention is called to the fact that not less than the minimum wage rates prescribed in the Special Conditions must be paid on these projects. Documents will be available on June 24, 2002.

TRD-200203764

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: June 17, 2002

[graphic]

[graphic]

[graphic]

TRD-200203796

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: June 18, 2002

A meeting of the Children With Special Health Care Needs (CSHCN) partners and Texas Department of Health leaders will be held on July 8, 2002, in Room 1410 of the Brown Heatly Building, Texas Health and Human Services Commission, located at 4900 North Lamar Boulevard, Austin, Texas, from 9:00 a.m. to 12:00 p.m.

The purpose of this meeting is to discuss and evaluate various service options and rule changes needed for the CSHCN Program to address budget limitations. The CSHCN program staff will provide summary information on stakeholder input to date. Proposed rule changes are related to 25 Texas Administrative Code, §§38.2 (Definitions), 38.3 (Eligibility for Client Services), 38.4 (Covered Services), 38.10 (Payment of Services), and 38.12 (Denial/Modification/Suspension/Termination of Eligibility and/or Services).

Please direct any inquiries to Anita Freeman, Children With Special Health Care Needs Program, Texas Department of Health, 1100 West 49th Street, Austin, Texas, telephone (512) 458-7111, extension 3132.

TRD-200203825

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: June 18, 2002

On or about October 1, 2002, the Texas Department of Housing and Community Affairs (TDHCA) anticipates receiving federal funds to continue the operation of certain programs that assist very low-income Texans. While in the process of deciding how to use Low-Income Home Energy Assistance Program (LIHEAP) funds, the Department now seeks opinions of groups affected by LIHEAP programs as well as opinions of other interested citizens.

As part of the public information, consultation, and public hearing requirements for the Low Income Home Energy Assistance Program, the Community Affairs Division of the Texas Department of Housing and Community Affairs (TDHCA) will conduct one public hearing. As its primary purpose, the hearing solicits comments on the proposed use and distribution of federal fiscal year (FFY) 2003 funds provided under LIHEAP. LIHEAP provides funding for the Weatherization Assistance Program (WAP) and Comprehensive Energy Assistance Program (CEAP).

The public hearing has been scheduled as follows:

Tuesday, July 23, 2002, 2:00 p.m.

Room #119, Stephen F. Austin Building

1700 North Congress Ave.

Austin, Texas 78701

A representative from TDHCA will be present to explain the planning process and receive comments from interested citizens and affected groups regarding the proposed plan. A copy of the Intended Use Report, or Draft Plan, may be obtained, after July 12, 2002, through TDHCA's web site, http://www.tdhca.state.tx.us/ea.htm or by contacting the Texas Department of Housing and Community Affairs, Energy Assistance Section, P.O. Box 13941, Austin, Texas 78711-3941. For questions, contact the Energy Assistance Section, Community Affairs Division, in Austin, at (512) 475-1435 or (toll-free) 1-877-399-8939.

Anyone may submit comments on the intended use of funds in written form or oral testimony at the public hearing. TDHCA must receive written comments no later than the close of business at 5:00 p.m. on July 23, 2002. Comments concerning the Intended Use Report may be submitted via the internet at jtouchet@tdhca.state.tx.us or by fax (512) 475-3935 or through John Touchet at TDHCA using the postal service address provided above. If you have any questions regarding the public hearing process or any of the programs referenced above, please contact the Energy Assistance Section.

Individuals who require auxiliary aids or services for this meeting should contact Ms. Gina Esteves 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-200203792

Edwina Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: June 18, 2002

SUMMARY

The Texas Department of Housing and Community Affairs ("TDHCA") is issuing a request for proposals ("RFP") from qualified institutions to serve as Trustee for TDHCA’s single family bond issues and/or refundings. The respondents are expected to provide trustee services as necessary to complete new money financings and refundings, and to assign experienced professionals employed by the company who are best suited to appropriately respond to TDHCA requests in a timely manner.

Responses to the RFP must be received at TDHCA no later than 4:00 P.M. C.D.T. on Friday, July 26, 2002. To obtain a copy of the RFP, please fax your request to the attention of Byron V. Johnson at (512) 475-3362 or visit the Bond Finance Division web page at www.tdhca.state.tx.us.

TRD-200203745

Edwina Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: June 17, 2002

The Texas Department of Insurance published notice of an adopted exempt filing under the Insurance Code Chapter 5, Subchapter L. Article 5.96. in the June 14, 2002, Texas Register (27 TexReg 5257).

Due to a typographical error in the fifth paragraph of the filing, the reference to "Endorsement 578, Section IV.C.4" was incorrectly printed as "Section II.C.4." The paragraph should read as follows.

"Endorsement 578, Section IV.C.4., subsections a and b; and Endorsement 579, Section IV.C.4., subsections a and b are amended to read as follows."

TRD-200203791

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Metropolitan Property and Casualty Insurance Company proposing to use rates for private passenger automobile insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company is requesting the following flex percentage by territory for all classes: +35 for Bodily Injury, +34 for Property Damage, +30 for Uninsured Motorist, +43 for Uninsured Motorist Property Damage, +43 for Medical Payments, +51 for Personal Injury Protection, +63 for Comprehensive, and +50 for Collision. The overall rate change is +10%.

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 July 18, 2002.

TRD-200203830

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: June 19, 2002

The Texas Health Reinsurance System was created by the Legislature in 1993 and began engaging in the reinsurance of small employer group health insurance plans in 1995. The Commissioner of Insurance is an ex-officio member of the Board of Directors of the System. Insurance Code Article 26.55, requires the Board of Directors to adopt a plan of operation. The Plan of Operation becomes effective on the written approval of the Commissioner. The Commissioner approved the Plan of Operation on September 6, 1995.

The Board of Directors of the System recommended the following amendments to Article X of the Plan of Operation:

1. Amend Subpart A, Section 2 to conform to the definition of "small employer" in Insurance Code Art. 26.02(29).

2. Add new Sections 3 and 4 to Subpart B concerning the reinsuring of whole groups by small employer insurance plans.

3. Add a new Section 5 to Subpart B concerning appeal to the board of a denial by the administrator of an application for reinsurance for failure to file within 60 days.

4. Add a new Paragraph e to Subpart F, Section 1, concerning waiver of the System deductible in connection with the use of managed care programs for newborns.

5. Amend Subpart F, Section 3, paragraph a) to change subparagraph numbering for consistency.

The proposed amendments are as follows:

Article X - Eligibility for Reinsurance and Other Reinsurance Guidelines

Reinsurance is available only for coverage of Eligible Employees and Dependents under Small Employer Health Benefit Plans issued by Reinsured Carriers to Small Employers, subject to the provisions in the Act and its related regulations. A Reinsured Carrier may reinsure with the System the coverage of individual Eligible Employees and/or Dependents. Alternatively, a Reinsured Carrier may reinsure coverage for a Small Employer's entire group.

A. Identifying Small Employers Eligible to Participate

1. Small Employer status is determined as of the effective date of a Small Employer Carrier's coverage of a Small Employer Health Benefit Plan.

2. The determination of the number of Eligible Employees shall be based on the most recent Federal or State filing which reflects the number of full-time employees, accompanied by a Small Employer certification of this information; unless the Small Employer submits other verifiable information acceptable to the Reinsured Carrier. As provided in the Act "Small Employer" means a person who employed an average of at least two employees but not more than 50 eligible employees on business days during the preceding calendar year and who employs at least two employees on the first day of the plan year [ that is actively engaged in business and that, on at least 50% of its working days during the preceding calendar year, employed at least 3 but not more than 50 Eligible Employees, including the employees of an affiliated employer, the majority of whom were employed in Texas ].

3. Each Reinsured Carrier is responsible for determining whether a person is a Small Employer as of the effective date of coverage, for updating that determination each year, and for obtaining information from the Small Employer to document that determination. The Reinsured Carrier is also responsible for certifying the above determination to the Administering Carrier, if any coverage under a Small Employer's Health Benefit Plan is to be reinsured. If a Reinsured Carrier, while acting in good faith, erroneously certifies a person to be a Small Employer, reinsurance of any employees of that person, or their dependents, shall be terminated within 60 days after the Administering Carrier is notified of the error.

4. Any material statement by an employer or employee, which falsely certifies as to an individual's eligibility for coverage, constitutes cause for termination of reinsurance, without penalty to the Reinsured Carrier. Prompt notice of the discovery shall be made to the Administering Carrier, and reinsurance of any such individuals shall be terminated within 30 days of the notification.

B. Reinsurance Ceding Rules and Premium Levels

1. A Small Employer Carrier must notify the Administering Carrier of its intent to reinsure a specific person covered under a Small Employer's plan as an Eligible Employee or an Eligible Dependent within 60 days of the initial effective date of that person's coverage, or for a newly Eligible Employee or Dependent, within 60 days of the commencement of that individual's coverage.

2. Availability of individual reinsurance is subject to the following rules:

a) The group must be a Small Employer group at the effective date of reinsurance;

b) The individual shall only be reinsured for the coverage provided under a Small Employer Health Benefit Plan;

c) Each person whose coverage is reinsured must be an Eligible Employee or a dependent;

d) The Reinsured Carrier may reinsure coverage of an Eligible Employee without reinsuring coverage of any specific dependent of that Eligible Employee, or may reinsure coverage of a specific dependent without reinsuring coverage of the Eligible Employee or any other of his/her dependent(s);

e) If a Reinsured Carrier has previously withdrawn reinsurance of coverage for any individual, the same Reinsured Carrier cannot reinsure that individual again at any time in the future; and

f) The 60 day period within which a Reinsured Carrier must reinsure any Eligible Employee and/or Eligible Dependent shall be used to review underwriting requirements to determine ceding to the System. Only underwriting requirements may be used by a Reinsured Carrier in determining whether to reinsure any Eligible Employee and his/her Eligible Dependents. Individual claim experience during the 60-day period shall not be used in determining whether to reinsure a risk to the System.

3. A member must notify the administering carrier of its intent to cede all Eligible Employees and Eligible Dependents (whole group) for reinsurance of coverage under a plan covering Eligible Employees of a small employer within 60 days of the initial effective date of the small employer's plan with such member.

4. Availability of whole group reinsurance is subject to the following rules:

a) The Small Employer's Health Benefit Plan can only be reinsured for the coverage provided under the standard or basic health care plan or up to a level of the standard or basic health care plan.

b) Subject to payment of premium, all new entrants eligible to be reinsured, will also be reinsured at the effective dates of their coverage.

c) If a member has previously withdrawn reinsurance of coverage for any group, the member cannot again reinsure the withdrawn group but may reinsure timely new entrants that are eligible to be reinsured on an individual basis described in Section 1 of this Subpart.

d) An amendment rider or other change in the small employer plan shall not constitute a change in initial effective date.

e) Small employer carriers, acquiring business from other small employer carriers doing business in Texas, may not cede small employer groups acquired in such fashion to the System. Such small employer carriers are urged to conduct comprehensive due diligence and expansive negotiations when considering the acquisition of another small employer carrier's block(s) of business. This provision is not intended to restrict a small employer carrier's ability to reinsure a new group or eligible employee or eligible dependent or a timely new entrant to an acquired eligible small employer group.

f) Risks, that were previously ceded and whose reinsurance is inforce from the previous carrier, may continue reinsurance at the option of the acquiring carrier.

5. When the administering carrier rejects a reinsuring carrier's notification to reinsure a life for failure to file the notification with the 60-day period, the reinsuring carrier may file a petition with the Board requesting waiver of the 60-day period. The petition shall describe the circumstances that caused the notification to be filed after the end of the 60-day period. If the Board determines that the failure to timely file the notification was caused by circumstances beyond the knowledge and/or control of the reinsuring carrier the Board may waive the 60-day period if it finds such waiver would be equitable.

C. Period of Reinsurance

1. Reinsurance may continue as long as coverage under the Small Employer Health Benefit Plan for the covered Eligible Employees and dependents remains in effect subject to the regulations passed under the Act.

2. A Small Employer Carrier may terminate reinsurance with the System for one or more of the reinsured employees or dependents of employees of a Small Employer on a contract anniversary of the Small Employer Health Benefit Plans. Written notice must be provided to the System at least 30 days in advance of the withdrawal.

3. Reinsurance of an individual's coverage under a Small Employer's Health Benefit Plan ceases at the termination of the individual's status as an Eligible Employee or dependent, except to the extent that coverage continues as required by law. If the Small Employer Carrier provides coverage for such persons beyond either of the dates indicated above, for contractual or other reasons, reinsurance will be continued for a maximum of 30 days beyond said date.

4. Reinsurance of an individual covered under a Small Employer's Health Benefit Plan (including an individual whose coverage under that plan has continued as required by law) ceases at termination of the Small Employer Carrier's coverage of the group in which that individual was previously covered as an Eligible Employee or dependent.

D. Determination of Reinsurance Premium

1. Tables of reinsurance premium rates for Small Employer Carriers, as calculated by the Actuarial Committee, and approved by the Board, will be communicated to Small Employer Carriers. Separate tables will be prescribed for HMO's and shall reflect the provisions in art. 26.38 of the Act.

2. For any reinsured individual, the reinsurance premium may be up to 500% of the base reinsurance premium rate established by the System for that classification or individual within a group with similar Case Characteristics and coverage. The Small Employer Carrier will calculate the reinsurance premium for each individual reinsured based on the tables of reinsurance premium rates established by the System.

3. For any reinsured group, the reinsurance premium may be up to 150% of the base reinsurance premium rate established by the System for groups with similar Case Characteristics and coverage. The Small Employer Carrier will calculate the reinsurance premium for each group reinsured based on the table of reinsurance premium rates established by the System.

4. Premium rates charged by the System may reflect the use of effective cost containment and managed care arrangements.

E. Billing and Payment

1. Reinsurance bills will be handled on a "self-billed" basis. Monthly, the Reinsured Carrier will provide the Administering Carrier with a listing of the individuals reinsured and the premium for each individual and such other information as may be required by the System. The Administering Carrier will make any necessary corrections and send a corrected statement to the Reinsured Carrier.

2. The reinsurance premiums charged by the System for each individual will be determined by the Table of Rates in effect on the later of the effective date of the Small Employer's Health Benefit Plan with the Reinsured Carrier or the most recent plan anniversary.

3. Premiums are determined as of the first of the month and are due by the twentieth of the month, and the Reinsured Carrier has thirty days thereafter to pay the premiums owed. If not paid within this thirty day period, then the Reinsured Carrier's participation in the System may be terminated.

4. Reinsurance premium amounts are to be paid based on whole month increments only. If reinsurance is effective between the 1st and the 15th of the month, the entire month's premium must be paid in full. When reinsurance becomes effective between the 16th and the last day of the month, no premiums will be payable until the first of the month following the effective date.

5. Conversely, reinsurance terminations effective between the 1st and the 15th of the month will be allowed refunds for the entire month. Reinsurance terminations effective between the 16th and the last day of the month will not be allowed a premium refund.

6. Reinsurance premium is due monthly to the System regardless of a Reinsured Carrier's ability to charge back or collect the Small Employer's premiums. The System has no responsibility for the collection of Small Employer's premiums.

F. Reinsurance Claim Section

1. Statement of Reinsurance

The System shall indemnify Small Employer Carriers for the covered claims incurred with respect to employees and dependents whose coverage with the Small Employer Carrier is reinsured with the System as described in the Act and subject to the following:

a) The System will reimburse a Reinsured Carrier for covered claims. However, no payments will be made unless the accumulated amount due to the Reinsured Carrier for all reinsured individuals as of the end of any month exceeds $5,000. Regardless of this limitation, all balances due will be paid by the System to Reinsured Carriers no less often than every three months.

b) For the purposes of this section, "covered claims" shall mean only such amounts as are actually paid by Small Employer Carriers for benefits provided for individuals reinsured by the System, but covered claims shall not include:

(1) Claim expenses or salaries paid to Reinsured Carriers' employees who are not providers of health care services;

(2) Court costs, attorney's fees or other legal expenses;

(3) Any amount paid by the Reinsured Carriers for:

(i) Punitive or exemplary damages; or

(ii) Compensatory or other damages awarded as a result of the conduct of the Reinsured Carriers in the investigation, trial, or settlement of any claim or failure to pay or delay in payment of any benefits under any policy; or the operation of any managed care, cost containment, or related programs; and

(4) Any statutory penalty imposed upon a Reinsured Carrier on account of any unfair trade practice or any unfair insurance practice.

c) The initial level of benefits paid has been set at $5,000 plus 10% of the next $50,000 in claims for each reinsured individual in a calendar year for all Small Employer Health Benefit Plans. A Reinsured Carrier's maximum liability limit shall not exceed $10,000 with respect to any reinsured individual during one calendar year. The initial level of benefit and the maximum liability limit amounts may be adjusted by the Board annually in accordance with art. 26.58 § (e).

d) No reinsurance shall be provided until the initial level of benefits paid has been met during a calendar year for a reinsured employee or dependent.

e) Paragraph d) of this section does not apply to a reinsured carrier that has complied with the provisions of the Operations and Procedures Manual of the administering carrier regarding utilization of managed care programs for newborn claims.

2. General Requirements

a) Reinsured Carriers will promptly investigate, settle or defend all claims arising under the risks reinsured and will forward promptly to the System copies of such reports of investigation as may be requested by the System.

b) Reinsured Carriers will adjudicate all claims on ceded risks.

c) Reinsured Carriers will use their normal case management programs to control costs on reinsured business to the same extent that they would use such programs on their non reinsured business, including but not limited to utilization review, individual case management, and preferred provider provisions. The failure to follow such procedures will result in the denial or reduction of reinsurance reimbursements, as determined by the Board and approved by the Commissioner.

d) The System shall have the right, at its own expense, to participate jointly with a Reinsured Carrier in the investigation, adjustment or defense of any claim. Reinsured Carriers will be required to assure that their claim management practices are consistent between reinsured and non-reinsured risks. The failure to follow such procedures will result in the denial or reduction of reinsurance reimbursements, as determined by the Board and approved by the Commissioner.

e) The System shall have the right to inspect the records of a Reinsured Carrier in connection with the risks reinsured with the System and the Reinsured Carrier shall submit to the System any additional information it may require in connection with claims submitted to the System for reimbursement in the format specified by the Board. Reinsured Carriers shall secure necessary authorizations from reinsured individuals for this purpose.

f) All information disclosed to the System by a Small Employer Carrier or to a Small Employer Carrier by the System, in connection with this Plan, shall be considered to be privileged information by the Small Employer Carriers, the System and the Administering Carrier.

g) If any payment is made by the System to a Reinsured Carrier and the Reinsured Carrier is reimbursed by another party for the same expenses (benefits paid), the System shall be reimbursed or subrogated to the extent that the Reinsured Carrier is reimbursed. The Reinsured Carrier shall execute and deliver instruments and do whatever is necessary to preserve and secure such reimbursement rights.

h) HMO's which pay for certain provider services on a basis other than fee for service will be allowed reimbursement for those costs on reinsured persons from the System through a methodology approved by the Board.

i) Except as approved by the Board, reinsurance will be provided only for covered claims submitted within two years from the date on which the claims expenses were incurred.

3. Claims Reporting

a) Within 20 days after the close of each calendar month reporting period, the Reinsured Carriers shall furnish to the System the following information with respect to reinsured claims submitted to the System by the Reinsured Carrier during said reporting period:

(1) [ (i) ] the Small Employer's identification number;

(2) [ (ii) ] the employee's name and social security number;

(3) [ (iii) ] the claimant's name and date of birth;

(4) [ (iv) ] the claim incurred date and paid date;

(5) [ (v) ] the reinsurance claim amount;

(6) [ (vi) ] the claim coding as required by the Board (e.g., CPT and ICD9).

(7) [ (vii) ] where appropriate, the relationship of the reinsured individual to the Eligible Employee.

b) Reinsured Carriers shall notify the System as soon as reasonably possible of all claims or potential claims for a reinsured employee or dependent where the claims expected to be paid by the Reinsured Carrier will exceed $100,000 in the aggregate.

Comments must be submitted in writing within 15 days of publication of the proposal in the Texas Register to Archie Clayton, Staff Attorney, Legal & Compliance Division, Texas Department of Insurance, Mail Code 110-1A, P. O. Box 149104, Austin, Texas 78714-9104.

TRD-200203845

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: June 19, 2002

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

Application for admission to Texas of Ceridian Benefits Services, Inc., a foreign third party administrator. The home office is St. Petersburg, Florida.

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

TRD-200203843

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: June 19, 2002

Wednesday, July 10, 2002, 1:00 p.m.

State Office of Administrative Hearings, William P. Clements Building, 300 West 15th Street, 4th Floor,

Austin, Texas

AGENDA

Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of the complaint of the Texas Department of Housing and Community Affairs vs. Mike Altom dba Mike Altom Mobile Service to hear alleged violations of §4(d) and §7(d) of the Act and §80.54(a) and §80.123(e) of the Rules regarding installation of a manufactured home without obtaining, maintaining or possessing a valid installer's license and not properly installing the manufactured home. SOAH 332-02-3312. Department MHD2002000258-UI.

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

TRD-200203692

Bobbie Hill

Executive Director

Manufactured Housing Division

Filed: June 14, 2002

Wednesday, July 17, 2002, 1:00 p.m.

State Office of Administrative Hearings, William P. Clements Building, 300 West 15th Street, 4th Floor,

Austin, Texas

AGENDA

Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of the complaint of the Texas Department of Housing and Community Affairs vs. The American MobileHome Company/TAMCO to hear alleged violations of §7(j)(6) of the Act and §80.119(f)(1) of the Rules regarding not submitting the Form T/Installation Report for a manufactured home in a timely manner. SOAH 332-02-3313. Department MHD2001001830-IW.

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

TRD-200203694

Bobbie Hill

Executive Director

Manufactured Housing Division

Filed: June 14, 2002

The Texas Natural Resource Conservation Commission (commission) is required under the Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361, as amended (the Act), to publish annually a state registry that identifies facilities that may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment. The most recent registry listing of these facilities was published in the May 24, 2002 issue of the Texas Register (27 TexReg 4633).

In accordance with §361.184(a), the commission must publish a notice of intent to list a facility on the state registry of state Superfund sites in the Texas Register and in a newspaper of general circulation in the county in which the facility is located. With this publication, the commission hereby gives notice of a facility or area that the executive director has determined eligible for listing and which the executive director proposes to list on the state registry. The commission also gives notice in accordance with the Act, §361.1855, that it proposes a land use other than residential as appropriate for the facility identified below. The commission proposes a commercial/industrial land use designation. Determination of appropriate land use may impact the remedial investigation and remedial action for the site.

This publication also specifies the general nature of the potential endangerment to public health and safety or the environment as determined by information currently available to the executive director. The notice of intent to list this facility was also published on June 27, 2002 in the Farmersville Times.

The facility proposed for listing is the Rogers Delinted Cottonseed Company, located approximately one mile east of Farmersville, Texas at the intersection of SH 380 and FM 547 in Collin County, Texas. The geographic coordinates of the site are latitude 33ø 09 18.74 N and longitude 96ø 19 46.93 W. The description of the site is based on information available at the time the site was evaluated with the Hazard Ranking System (HRS). The HRS is the principal screening guide used by the commission to evaluate potential relative risk to public health and the environment from releases or threatened releases of hazardous substances. The description may change as additional information is gathered on the sources and extent of contamination.

The facility known as Rogers Delinted Cottonseed Company covers approximately 81 acres. The facility operated at its current location for approximately 19 years from 1965 to 1984, when it was abandoned. The site may be divided into three separate areas: 1) the processing area in the northwest corner of the site (approximately 20 acres); 2) irrigation fields located south and east of the processing area (approximately 30 acres); and 3) remaining undeveloped land located along the eastern part of the site. Arsenic compounds were used to defoliate the cotton plants. The facility then delinted the cottonseeds by washing them with 5.0% sulfuric acid to chemically remove husks, lints, fibers, and other suspended particulate matters. The process also included the use of a fungicide to protect the delinted cottonseeds. The spent acid solution from the process area was collected in two surface impoundments. The impoundments were used as settling ponds to separate the suspended solids from the acid solution. The water from the impoundments was discharged by evaporation and irrigation of the cotton fields.

A screening site inspection (SSI) conducted in 1995, identified and investigated the specific areas where hazardous substances were either used, stored, or spilled. These include: 1) two inactive surface impoundments; 2) two 15,000 gallon above-ground sulfuric acid storage tanks; 3) the pesticide drum storage area; 4) the seed storage silo area; 5) the irrigation field south and east of the processing area; and 6) the tail water pond located in the northeast corner of the property. In addition, some of the hazardous substances are reportedly stored inside the process building.

Nineteen soil/sediment samples were collected and analyzed during the SSI. The analytical data indicated no apparent release of site contaminants to the surface water pathway. However, soil sample analytical data documented the presence of dieldrin, aroclor 1254 and 1260, arsenic, cadmium, copper, lead, selenium, and zinc in soil in concentrations at least three times the background level.

A public meeting will be held August 15, 2002, at 6:00 pm, City of Farmersville, City Council Chambers, 205 South Main Street, Farmersville. The purpose of this meeting is to obtain additional information regarding the site relative to its eligibility for listing on the state registry, identify additional potential responsible parties, and obtain public input and information regarding the appropriate use of land on which the facility, that is the subject of this notice, is located. The public meeting will be legislative in nature and not a contested case hearing under the Texas Administrative Procedure Act (Texas Government Code, Chapter 2001).

All persons desiring to make comments may do so prior to or at the public meeting. All comments submitted prior to the public meeting must be received by 5:00 p.m., August 15 2002, and should be sent in writing to Mr. Subhash Pal, P.E., Project Manager, Superfund Cleanup Section, Remediation Division, Texas Natural Resource Conservation Commission, MC 143, P. O. Box 13087, Austin, Texas 78711-3087, or by facsimile at (512) 239-2450. The public comment period for this action will end at the close of the public meeting on August 15, 2002.

A portion of the records for this site, including documents pertinent to the executive director's determination of eligibility, is available for review at the Charles J. Rike Memorial Library, 203 Orange Street, Farmersville Texas, 75422, at (972) 782-6681, during regular business hours. Copies of the complete public record file may be obtained during regular business hours at the commission's Records Management Center, Building E, First Floor, 12100 Park 35 Circle, Austin, Texas 78753, telephone numbers (800) 633-9363 or (512) 239-2920. Photocopying of file information is subject to payment of a fee. Handicapped parking is available on the east side of Building D, convenient to access ramps that are between Buildings D and E.

TRD-200203787

Paul Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: June 18, 2002

The Texas Natural Resource Conservation Commission (commission) has submitted a State of Texas Visibility Protection Periodic Review and Report to the United States Environmental Protection Agency (EPA). This report is submitted to meet requirements of 40 Code of Federal Regulations Part 51, Subpart P, Protection of Visibility, §51.306, Long-Term Strategy, and to fulfill the commitment in the State Implementation Plan (SIP) for Visibility Protection in Class I Areas Phase I. The report was submitted to EPA on June 11, 2002.

Under the provisions of the SIP and to comply with the federal requirements, the state must conduct a periodic review and report on the provisions and effectiveness of the long-term strategy for Big Bend and Guadalupe Mountains National Parks, the state's two Federal Class I areas.

The report can be obtained from the commission's website at the following address: www.tnrcc.state.tx.us/oprd/sips/index.html . If additional information is needed, please contact Gerry Wolfe, Program Specialist, SIP Development Section at (512) 239-4703 or by email at gwolfe@tnrcc.state.tx.us .

TRD-200203794

Stephanie Bergeron

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: June 18, 2002

Notices mailed during the period June 11, 2002 through June 18, 2002

APPLICATION NO 4088B Winnie D. Anderson, P.O. Box 181, Rising Star, Texas 76471 and Custer D. Swift, et al, 1303 Haven Drive, Comanche, Texas 76442-1509, applicants, seek to amend Water Use Permit No. 3844 (Application No. 4088), as amended, pursuant to Texas Water Code 11.122 and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. The Executive Director recommends that notice should be published and mailed pursuant to 30 TAC 295.158 (b)(8) to the water right holders in the Brazos River Basin. Water Use Permit No. 3844 (Application No. 4088), as amended, authorizes the permittees to close the ports on SCS Dam No. 2 and impound therein 421 acre-feet of water on Copperas (Rush) Creek, tributary of the Leon River, tributary of the Little River, tributary of the Brazos River, in the Brazos River Basin, Comanche County. Winnie D. Anderson, permittee, is authorized to divert and use not to exceed 246 acre-feet of water per annum for agricultural use to irrigate 123 acres of land of two tracts totaling 480 acres of land in the J. C. Whiteside Survey Abstract Nos. 1349 and 1845 in Comanche County. Custer D. Swift, et al are authorized to divert and use 156 acre-feet of water per annum for agricultural use to irrigate 78 acres of land out of 371 acre tract of land in the Stanley and Jacobs Survey, Abstract No. 1838; S. J. Poteet Survey, Abstract No. 1799; and the T. F. Singletary Survey, Abstract No. 1599 in Comanche County. Permittees can use the bed and banks of Copperas (Rush) Creek to convey stored water from the reservoir to the diversion point on Copperas (Rush) Creek. The time priority November 10, 1980. The permit contains a special condition whereby the rights to divert from the reservoir will expire December 31, 2000. Other Special Conditions apply. Permittees are authorized to divert water from the perimeter of the reservoir located at approximately 32.080 degrees N latitude, 98.827 degrees W longitude. The midpoint of the dam at the stream is S 40.86 degrees W, 1,513 feet from the northeast corner of the J. C. Whitesides Survey, Abstract No. 1845, 18 miles northwest of Comanche, Comanche County, Texas. Winnie Anderson is also authorized to divert water from a point on the left, or north, bank of Copperas (Rush) Creek, S 41.3 degrees E, 2,349 feet from the aforesaid Whitesides Survey and at 32.073 degrees N latitude, 98.802 degrees W longitude. The maximum combined diversion rate for all the diversion points is 5.0 cfs (2,260 gpm). Owner seeks to amend Water Use Permit No. 3844 (Application No. 4088), as amended, by extending or deleting the expiration date of December 31, 2000. The application was received on December 18, 2000. Additional information was received February 1, 2001, March 8, 2002, and March 21, 2002. The application was determined to be administratively complete on May 3, 2002. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed within 30 days after newspaper publication of this notice.

APPLICATION NO 4087B Mary Frazier Clark, Don Frazier Clark, and Donna Clark Jones, P.O. Box 947, Comanche, Texas 76442, applicants seek to amend a Water Use Permit No. 3808 (Application No. 4087), as amended, pursuant to Texas Water Code 11.122 and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. The Executive Director recommends that notice should be published and mailed pursuant to 30 TAC 295.158 (b)(8) to the water right holders in the Brazos River Basin. Water Use Permit No. 3808 (Application No. 4087), as amended, authorizes permittees to close the ports on the Soil Conservation Service (SCS) Floodwater Retarding Dam No. 1, Rush Creek Watershed, on Copperas (or Rush) Creek, tributary of Leon River, tributary of the Little River, tributary of the Brazos River, in the Brazos River Basin, thereby impounding 1,271 acre-feet of water. Permittees are authorized to divert and use not to exceed 1,060 acre-feet of water per annum from the reservoir at a diversion rate of 6.0 cfs (2,700gpm) to irrigate 530 acres of land out of 2,035 acres tract of land in Comanche and Eastland Counties. The dam and reservoir are located upstream of Lake Proctor approximately 20 miles northwest of Comanche, Texas. Water Use Permit No. 3808, as amended, contains a Special Condition whereby the authorization to divert and use the water will expire on December 31, 2000. Other Special Conditions apply. The dam is located in the A. S. Foard Survey No. 285, Abstract No. 376 and the W. E. Vernon Survey No. 60, Abstract No. 1743 Comanche County Texas. Station 29 + 80 on the centerline of the dam is S 72.9 degrees E, 4,271 feet from the Northwest corner of the Vernon Survey. Diversion Point No. 1 is located on the left, or north, shore of the reservoir S 41.867 degrees E, 1,720 feet from the northwest corner of the W. E. Vernon Survey No. 60, Abstract No. 1743 and at approximately 32.144 degrees N Latitude, 98.659 degrees W Longitude. Diversion Point No. 2 is located on the left, or north, shore of the reservoir, S 82.83 degrees E, 3,222 feet from the northwest corner of the Vernon Survey and at approximately 32.144 degrees N Latitude, 98.659 degrees W Longitude. Diversion Point No. 3 is located on the right, or south bank of the Copperas (Rush) Creek, N 36 degrees E, 590 feet from the southwest corner of the T. J. Goss Survey No. 46, Abstract No. 2150 and at approximately 32.084 degrees N Latitude, 98.847 degrees W Longitude. Permittees seek to amend Water Use Permit No. 3808 (Application No. 4087), as amended, by extending or deleting the expiration date of December 31, 2000. The application was received on Apirl 12, 2000. Additional information was received September 8, 2000 and October 27, 2000. The application was determined to be administratively complete on November 6, 2000. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed within 30 days after newspaper publication of this notice.

APPLICATION 5349A Brazos Farm Ltd., P. O. Box 3460, Bryan, Texas 77805, applicant, seeks to amend Water Use Permit No. 5349 pursuant to Texas Water Code 11.122 and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. The Executive Director recommends that notice should be published and mailed pursuant to 30 TAC 295.158 (b)(8) to the water right holders in the Brazos River Basin. Water Use Permit No. 5349 authorizes the permittee to divert and use to not exceed 780 acre-feet of water per annum from the Brazos River, in the Brazos River Basin for agricultural purposes to irrigate 589.516 acres out of a 68.640 acre tract and a 520.876 acre-tract in the William Mathis Grant Abstract No. 37 and the J. Curtis, Jr. Grant, Abstract No. 12 approximately ten (10) miles southwest of Bryan, Brazos County, Texas. The maximum diversion rate is 13.4 cfs (6,000 gpm). The permit contains a special condition whereby the authorization to divert the water will expire on December 31, 2001. The permit also contains other special conditions. Ownership of the land to be irrigated is evidence by Warranty Deed Volume 386, Page 164 of the Brazos County Records. The diversion point is located on the left, or north, bank of the Brazos River at 30.16 degrees N Latitude and 97.36 degrees W Longitude, also being S 53.5 degrees W, 10,065 feet from the southeast corner of the aforesaid Mathis Grant. Applicant seeks to amend Water Use Permit No. 5349, by extending or deleting the expiration date of December 31, 2001. The application was received on April 12, 2002. Additional information was received May 23, 2002. The application was determined to be administratively complete on May 31, 2002. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed within 30 days after newspaper publication of this notice.

APPLICATION 12-3485C. H. L. Perrin and Erma Lee Perrin, RR 1 Box 120, Ranger, Texas 76470, and Ronnie N. Love and Barbara Ann Love, 5202 FM 571, Ranger, Texas 76470-7607, applicants, seek to amend Certificate of Adjudication No. 12-3485, as amended, pursuant to Texas Water Code 11.122 and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. The Executive Director recommends that notice should be published and mailed pursuant to 30 TAC 295.152 & 295.158 (b)(8) to the water right holders in the Brazos River Basin. Certificate of Adjudication No. 12-3485, as amended, authorizes H. L. Perrin, et ux and Ronnie N. Love, et ux to maintain an existing dam and reservoir on Salt Branch, tributary of the Leon River, tributary of the Little River, tributary of the Brazos River, the Brazos River Basin, and impound therein not to exceed 350 acre-feet of water. Ronnie N. Love, et ux are also authorized to divert 148 acre-feet of water per annum out of the aforesaid reservoir at a maximum total division rate of 2.9 cfs (1300 gpm) for agricultural use to irrigate 148 acres out of a 316.4 acre tract of land in the Thomas A. Howell Survey, Abstract No. 152 in Eastland County. The time priority of the 148 acre-feet of water to irrigate 74 acres at a maximum rate of 1.11 cfs (500 gpm) is January 2, 1973. The time priority for irrigation of the additional 74 acres of land with a maximum diversion rate of 1.78 cfs (800 gpm) is April 6, 1973. The diversion point is located on the perimeter of the reservoir at approximately 32.347 degrees N Latitude, 98.603 degrees Longitude. The Certificate contains a special condition whereby the authorization to divert the water will expire on December 31, 2000. Other special conditions apply. Applicants seek to amend Certificate of Adjudication No. 12-3485, as amended, by extending or deleting the expiration date of December 31, 2000. The application was received on December 19, 2000. Additional information was received January 14, 2002. The application was determined to be administratively complete on May 3, 2002. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed within 30 days after newspaper publication of this notice.

APPLICATION 4263B. Troy Morris and Darnell Morris, 751 County Road 493, DeLeon, Texas 76444, applicants, seek to amend Water Use Permit No. 3934 (Application No. 4263), as amended, pursuant to Texas Water Code11.122 and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. The Executive Director recommends that notice should be published and mailed pursuant to 30 TAC 295.152 & 295.153 (c) (1) to the water right holders downstream of the diversion point in the Brazos River Basin. Water Use Permit No. 3934 (Application No. 4263), as amended, authorizes permittees to divert and use not to exceed 25 acre-feet of water per annum from an exempt dam and reservoir on an unnamed tributary of the Leon River, tributary of the Little River, tributary of the Brazos River, in the Brazos River Basin for agricultural use to irrigate 50 acres of land out of a 120 acre tract of land in the J. P. Stephenson Survey, Abstract No. 833, approximately 18.75 miles north-northeast of Comanche in Comanche County. The maximum diversion rate is 0.45 cfs (200 gpm). The time priority is November 8, 1982. The permit contains a special condition whereby the permit will expire December 31, 2000. Other special conditions apply. The diversion point is located on the perimeter of the reservoir at approximately 32.165 degrees N Latitude, 98.557 degrees W Longitude. Applicants seek to amend Water Use Permit No. 3934 (Application No. 4263), as amended, by extending or deleting the expiration date of December 31, 2000. Applicant indicated that they have groundwater wells that can be used as an alternate water supply source. The wells produce good quality water at 50 gpm. The application was received on December 18, 2000. Additional information was received March 14, 2002. The application was determined to be administratively complete on May 7, 2002. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed within 30 days after newspaper publication of this notice.

APPLICATION 5161B William D. and Mary L. Carroll, 3450 Highway 2247, Comanche, Texas 76442, applicants, seek to amend Water Use Permit No. 5161, as amended, pursuant to Texas Water Code 11.122 and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. The Executive Director recommends that notice should be published and mailed pursuant to 30 TAC 295.152 & 295.153 (c) (1) to the water right holders downstream of the diversion point in the Brazos River Basin. Water Use Permit No. 5161, as amended, authorizes owners to divert and use to not exceed 54 acre-feet of water per annum from two reservoirs (reservoir 1 is an exempt on-channel and reservoir 2 is off channel) to irrigate 150 acres of land out of three tracts totaling 336.704 acres located in the David H. Mc Fadden Survey, Abstract 647 in Comanche County. The maximum diversion rate is 2.2cfs (1,000 gpm). Reservoir 1 has a maximum capacity of 97.7 acre-feet of water and is located on an unnamed tributary of Copperas (Rush) Creek, tributary of the Leon River, tributary of the Little River, tributary of the Brazos River in the Brazos River Basin. Reservoir 2, off-channel, has a capacity 52.7 acre-feet of water. Reservoir Nos. 1 & 2 are located in the aforesaid survey with the midpoint of Dam No. 1 being 950 feet northwest of the southeast corner of the aforesaid survey and a point on the west end of Dam No. 2 being N 86.75 degrees W, 1,500 feet from the aforesaid survey corner, approximately nine miles northwest of Comanche, Comanche County. The time priority is November 13, 1989. The Permit contains a special condition whereby the authorization to divert the water will expire on December 31, 2000. Other special conditions apply. The diversion point is located on the perimeter of the on-channel reservoir at approximately 32.046 degrees N Latitude, 98.638 degrees W Longitude. Applicant seeks to amend Water Use Permit No. 5161, as amended, by extending or deleting the expiration date of December 31, 2000. The application was received on January 2, 2001. Additional information was received April 5, 2002. The application was determined to be administratively complete on May 28, 2002. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed within 30 days after newspaper publication of this notice.

APPLICATION 8230 The Brazos River Authority (BRA), 4600 Cobbs Drive, P. O. Box 7555, Waco, Texas 76717-7555, applicant, seeks a temporary permit, for the remainder of the calender year 2002 and calendar year 2003, to authorize the diversion (overdraft) and use of up to 6,500 acre-feet of water each year (a total of 13,000 acre-feet of water during the term of the temporary permit) out of Lake Georgetown, on the San Gabriel River, tributary of the Little River, tributary of the Brazos River, Brazos River Basin, Williamson County, Texas. The requested 6,500 acre-feet of water per annum is in excess of BRA's diversion amount of 13,610 acre-feet per annum authorized by Certificate of Adjudication No. 12-5162. The additional water from Lake Georgetown is required to meet the water demands of the Cities of Georgetown and Round Rock until a pipeline project currently under construction is completed (expected date for completion is currently being evaluated by BRA). The pipeline will convey water from Stillhouse Hollow Lake on the Lampasas River, tributary of Little River, tributary of the Brazos River, Brazos River Basin in Bell County to Lake Georgetown in Williamson County, and eliminate the necessity of over-drafting Lake Georgetown in the future. If granted, this temporary permit will be junior in priority to all existing water rights in the Brazos River Basin. There are 71 water rights owners with diversion points downstream of Lake Georgetown. Owners of these water rights are being provided a copy of this notice to make them aware of BRA's request. A copy of this notice is also being provided to the TNRCC Regional Office Austin, Texas. The application was received by the TNRCC on May 16, 2002. The Executive Director of the TNRCC has reviewed the application and declared it to be administratively complete on May 23, 2002. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, by July 9, 2002. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed by July 9, 2002. The Executive Director may approve the application unless a written request for a contested case hearing is filed.

APPLICATION. G. H. Bingham, d/b/a 4-B Farms, 350 County Road 152, Comanche, Texas 76442, applicants, seek to amend Certificate of Adjudication No. 12-3573, as amended, pursuant to Texas Water Code 11.122 and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. The Executive Director recommends that notice should be published and mailed pursuant to 30 TAC 295.153 (c) (1) to the water right holders downstream of the diversion point in the Brazos River Basin. Certificate of Adjudication No. 12-3573, as amended, authorizes the owner to divert and use not to exceed 60 acre-feet of water per annum from an exempt reservoir impounding 115 acre-feet of water on an unnamed tributary of Copperas (Rush) Creek, tributary of the Leon River, tributary of the Little River, a tributary of the Brazos River, in the Brazos River Basin for agricultural use to irrigate 125 acres of land out of a larger tract located in the P.M. Miller Survey, Abstract 670; the M. E. Pace Survey, Abstract 1308; the S. E. Welch Survey, Abstract 1976; and the C.W. Harrell Survey, Abstract 1966 and the Samuel Killough Survey, Abstract 1760, Comanche County. The maximum diversion rate is 1.34 cfs (600 gpm). The Certificate contains a special condition whereby the rights to divert from the reservoir will expire December 31, 2000. Other Special Conditions apply. The time priority is May 8, 1972. The diversion point is locate on the perimeter of the reservoir at approximately 32.075 degrees N Latitude, 98.724 degrees W Longitude. Owner seeks to amend Certificate of Adjudication No. 12-3573, as amended, by extending or deleting the expiration date of December 31, 2000. The application was received on December 18, 2000. Additional information was received April 1, 2002. The application was determined to be administratively complete on May 3, 2002. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed within 30 days after newspaper publication of this notice.

APPLICATION 5274 J. R. Grimshaw and Helen Grimshaw, 6825 FM 2214, Desdemona, Texas 76445, applicants, seek to amend Water Use Permit No. 5274, as amended, pursuant to Texas Water Code 11.122 and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. The Executive Director recommends that notice should be published and mailed pursuant to 30 TAC 295.12 & 295.153 (c) (1) to the water right holders downstream of the diversion point in the Brazos River Basin. Water Use Permit No. 5274, as amended, authorizes permittees to divert and use not to exceed 25 acre-feet of water per annum from an existing exempt reservoir impounding 40 acre-feet of water on Rough Branch, tributary of the Leon River, tributary of the Little River, tributary of the Brazos River, in the Brazos River Basin for agricultural use to irrigate 35 acres of land out of a 163.86 acre tract D. S. Richardson Survey, Abstract 414 in Eastland County. The maximum diversion rate is 0.5 cfs (220 gpm). The time priority is December 13, 1989. The permit contains a special condition whereby the authorization to divert the water will expire on December 31, 2000. Other special conditions apply. The diversion point is located on the perimeter of the reservoir at approximately 32.317 degrees N Latitude, 98.605 W Longitude. Applicants seek to amend Water Use Permit No. 5274, as amended, by extending or deleting the expiration date of December 31, 2000. The application was received on December 18, 2000. Additional information was received March 20, 2002. The application was determined to be administratively complete on May 7, 2002. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed within 30 days after newspaper publication of this notice.

APPLICATION 4577B. George E. Bingham, Juanita Sue Bingham, Brian Bingham, Kellie Bingham, Carey Bingham, and Julie Ann Bingham, 2191 Highway 2247, Comanche, Texas 76442- 9802, applicants, seek to amend Water Use Permit No. 4264 (Application No. 4577), as amended, pursuant to Texas Water Code 11.122 and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. The Executive Director recommends that notice should be published and mailed pursuant to 30 TAC 295.12 & 295.153 (c) (1) to the water right holders downstream of the diversion point in the Brazos River Basin.Water Use Permit No. 4264 (Application No. 4577), as amended, authorizes the permittees to divert and use not to exceed 40 acre-feet of water per annum from an exempt reservoir on an unnamed tributary of Martins Creek, tributary of Copperas (Rush) Creek, tributary of the Leon River, tributary of the Little River, tributary of the Brazos River, in the Brazos River Basin for agricultural use to irrigate 40 acres of land out of a 320 acre tract of land in the ET RR Company Survey, Abstract No. 313 and the Josiah Pomeroy Survey, Abstract No. 760 Comanche County. The maximum diversion rate is 0.9 cfs (400 gpm). The permit contains a special condition whereby the authorization to divert water for irrigation will expire on December 31, 2000. Other special conditions apply. The time priority is June 18, 1985. The diversion point is located on the perimeter of the reservoir at approximately 32.009 degrees N latitude, 98.677 degrees W longitude. Applicants seek to amend Water Use Permit No. 4264 (Application No. 4577), as amended, by extending or deleting the expiration date of December 31, 2000. The application was received on December 19, 2000. Additional information was received March 19, 2002. The application was determined to be administratively complete on May 7, 2002. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed within 30 days after newspaper publication of this notice.

APPLICATION NO 12-3555C. Jerry Solomon, 700 County Road 443, DeLeon, Texas 76444, applicant, seeks to amend Certificate of Adjudication No. 12-3555, as amended, pursuant to Texas Water Code 11.122 and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. The Executive Director recommends that notice should be published and mailed pursuant to 30 TAC 295.12 & 295.153 (c) (1) to the water right holders downstream of the diversion point in the Brazos River Basin. Certificate of Adjudication No. 12-3555, as amended, authorizes the owner to divert and use not to exceed 100 acre-feet of water per annum from the exempt dam and reservoir with a capacity of 100 acre-feet on an unnamed tributary of the Sabana River, tributary of the Leon river, tributary of the Little River, tributary of the Brazos River, in the Brazos River Basin for agricultural use to irrigate a maximum of 155 acres of land out of a 170 acre tract of land in L. R. Sechrist Survey, Abstract 920, Comanche County. The maximum diversion rate is 0.56 cfs (250 gpm). The time priority of May 22, 1978. The Certificate contains a special condition whereby the rights authorized in the certificate will expire December 31, 2000. Other special conditions apply. The diversion point is located on the perimeter of the reservoir and is at 32.040 degrees N latitude, 98.677 degrees W longitude. Applicant indicated that they have 5 groundwater well that can be used as an alternate water supply source. The wells produce good quality water 175 gpm. Applicant seeks to amend Certificate of Adjudication No. 12-3555, as amended, by extending or deleting the expiration date of December 31, 2000. The application was received on December 29, 2000. Additional information was received March 7, 2002. The application was determined to be administratively complete on May 3, 2002. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed within 30 days after newspaper publication of this notice.

APPLICATION 12-3580D George E. Bingham, Juanita Sue Bingham, Brian Bingham, Kellie Bingham, Carey Bingham, and Julie Ann Bingham, 2191 Highway 2247, Comanche, Texas 76442- 9802, applicants, seek to amend Certificate of Adjudication No. 12-3580, as amended, pursuant to Texas Water Code 11.122 and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. The Executive Director recommends that notice should be published and mailed pursuant to 30 TAC 295.12 & 295.153 (c) (1) to the water right holders downstream of the diversion point in the Brazos River Basin. Certificate of Adjudication No. 12-3580, as amended, authorizes the owners to divert and use not to exceed 70 acre-feet of water per annum from two exempt reservoirs, one reservoir is located on an unnamed tributary of Beattie Branch and the second reservoir is located on Beattie Branch, tributary of Copperas (Rush) Creek, tributary of the Leon River, tributary of the Little River, tributary of the Brazos River, in the Brazos River Basin to irrigate 100 acres of land out of a 189.11 acre tract Enos Cooper Survey, Abstract No. 136 and the D. H. McFadden Survey, Abstract 647 in Comanche County. The maximum diversion rate is 2.67 cfs (1,200 gpm). The Certificate contains a special condition whereby the authorization to divert the water will expire on December 31, 2000. The time priority is April 24, 1972. Other special conditions apply. Diversion point 1 is located on the perimeter of the reservoir at approximately 32.044 degrees N Latitude, 98.686 degrees W Longitude. Diversion point 2 is located on the perimeter of the reservoir at approximately 32.040 degrees N Latitude, 98.686 degrees W Longitude. Applicants seek to amend Certificate of Adjudication No.12-3580, as amended, by extending or deleting the expiration date of December 31, 2000. The application was received on December 19, 2000. Additional information was received March 19, 2002. The application was determined to be administratively complete on May 7, 2002. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed within 30 days after newspaper publication of this notice.

APPLICATION 5774 Cliff Johnson, 1293 Anderson County Road No. 419, Palestine, Texas 75803, applicant, seeks a Water Use Permit pursuant to 11.121, Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. Pursuant to TAC 295.152(a) and TAC 295.153(b), notice is being published and mailed to the water right holders of record in the Trinity River Basin. Applicant seeks authorization to construct and maintain a dam, creating a reservoir on an unnamed tributary of Keechie Creek, a tributary of the Trinity River, Trinity River Basin located in the Anderson County School Land Survey, Abstract 71, and the John W. Carpenter Survey, Abstract 222, approximately 18 miles SW from Palestine, Texas for agricultural purposes including wildlife management. The midpoint on the centerline of the dam is located N 08 degrees W, 8,600 feet from the NW corner of the Daniel Parker Original Survey, Abstract No. 52, also being Latitude 31.72 degrees N and Longitude 95.79 degrees W. The reservoir will have a surface area of 94.6 acres at a normal operating level and impound 1,104 acre-feet of water. The application was received on January 23, 2002, and additional information was received on April 23, 2002. The application was declared administratively complete on May 20, 2002. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application.The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed within 30 days after newspaper publication of this notice.

APPLICATION 4210C. Paul Rains Estate c/o Hugh Rains, P.O. Box 245, Wichita Falls, Texas 76307-0245; Dennis L. Shelton, P.O. Box 261, Comanche, Texas 76442: and Gary and Mary L. Hall, P.O. Box 172, Sidney, Texas 76474, applicants, seek to amend Water Use Permit No. 3902 (Application No. 4210), as amended, pursuant to Texas Water Code 11.122 and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. The Executive Director recommends that notice should be published and mailed pursuant to 30 TAC 295.152 & 295.153 (c) (1) to the water right holders downstream of the diversion point in the Brazos River Basin. Water Use Permit No. 3902 (Application No. 4210), as amended, authorizes the permittees to impound 25 acre-feet of water in an exempt reservoir on Jimmys Creek, tributary of Sweetwater Creek, tributary of Copperas (Rush) Creek, tributary of the Leon River, tributary of the Little River, tributary of the Brazos River, in the Brazos River Basin Comanche County. Each of the permittees has a recognized portion of the water rights as follow:

Paul Rains-30 acre-feet for agricultural use to irrigate 60 acres out of a 134 acre tract in the Daniel Kincheloe Survey, Abstract No. 592 and James Madison Survey, Abstract No. 679 in Comanche County at a maximum diversion rate of 1.4 cfs (650 gpm).

Gary Hall, et ux-20 acre-feet of water for agricultural use to irrigate 40 acres out of a 132.66 acre tract in the aforesaid Madison Survey in Comanche County at a maximum diversion rate of 1.4 cfs (650 gpm)

Dennis Shelton- 10 acre-feet of water for agricultural use to irrigate 15 acres out of a 51.17 acre tract in the aforesaid Madison Survey in Comanche County at a maximum diversion rate of 0.6 cfs (300 gpm). The diversion points are located on the perimeter of the aforesaid reservoir at approximately 31.938 degrees N Latitude, 98.757 degrees W Longitude. The permit contains a special condition whereby the authorization to divert the water will expire date of December 31, 2000. Other special conditions apply. Applicants seek to amend Water Use Permit No. 3902 (Application No. 4210), as amended, by extending or deleting the expiration date of December 31, 2000. The application was received on January 3, 2001. Additional information was received March 26, 2002. The application was determined to be administratively complete on May 7, 2002. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed within 30 days after newspaper publication of this notice.

APPLICATION 5255B Gloria Jean Dukes c/o Keith L. Dukes, agent, 1320 North Lane Street, Comanche, Texas 76442, applicant, seeks to amend Water Use Permit No. 5255, as amended, pursuant to Texas Water Code 11.122 and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. The Executive Director recommends that notice should be published and mailed pursuant to 30 TAC 295.152 & 295.153 (c) (1) to the water right holders downstream of the diversion point in the Brazos River Basin.Water Use Permit No. 5255, as amended, authorizes permittee to divert and use not to exceed 75 acre-feet of water per annum from an exempt reservoir impounding 150 acre-feet of water on an unnamed tributary of Copperas (Rush) Creek, tributary of the Leon River, tributary of the Little River, tributary of the Brazos River, in the Brazos River Basin for irrigation of 75 acres of land out of two tracts totaling 210 acres in the W. M.C. Wilkinson Survey, Abstract No. 999 and the G. E. Armstrong Survey No. 406, Abstract No. 1191, Comanche County. The time priority is August 28, 1989. The permit contains a special condition whereby the authorization to divert the water will expire date of December 31, 2000. Other special conditions apply. The diversion point is located on the perimeter of the reservoir at approximately 32.056 degrees N Latitude, 98.713 degrees W Longitude at a maximum diversion rate of 1.1 cfs (500 gpm). Applicant seeks to amend Water Use Permit No. 5255, as amended, by extending or deleting the expiration date of December 31, 2000. The application was received on December 29, 2000. Additional information was received April 08, 2002. The application was determined to be administratively complete on May 21, Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed within 30 days after newspaper publication of this notice.

APPLICATION12-3575C. B. N. Huddleston, P.O Box 109, DeLeon, Texas 76444, applicant, seeks to amend Certificate of Adjudication No. 12-3575, as amended, pursuant to Texas Water Code 11.122 and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. The Executive Director recommends that notice should be published and mailed pursuant to 30 TAC 295.152 & 295.153 (c) (1) to the water right holders downstream of the diversion point in the Brazos River Basin. Certificate of Adjudication No. 12-3575, as amended, authorizes owner to divert and use not to exceed 70 acre-feet of water per annum from three exempt reservoirs on unnamed tributaries of Copperas (Rush) Creek and on Copperas (Rush)Creek, tributary of the Leon River, tributary of the Little River, tributary of the Brazos River, in Brazos River Basin for agricultural use to irrigate 85 acres out of a 469.5 acre tract of land in the J. T. Smith Survey, Abstract No. 2047, the C. M. Black Survey, Abstract No. 2061 and the J. H. Ross Survey, Abstract 1083 in Comanche County and divert and use not to exceed 60 acre-feet of water per annum from the aforesaid exempt reservoirs for agricultural use to irrigate 80 acres out of a 160 acre tract of land in the J. T. Smith Survey, Abstract No. 2048 in Comanche County. These authorizations include a special condition whereby the rights to divert water from the reservoirs will expire December 31, 2000. Also included in the Certificate is a perpetual water right that authorizes the owner to divert and use not to exceed 16 acre-feet of water per annum from Copperas (Rush) Creek for agricultural use to irrigate 31 acres of land out of the aforesaid 469.5 acre tract. The diversion rate for the 70 acre-feet of water and 60 acre-feet of water per annum the 194 acre-foot reservoir is 3.78 cfs (1,700 gpm) with a time priority of September 25, 1972; the combined maximum diversion rate from all three reservoir is 7.78 cfs (3,500 gpm) with a time priority of September 8, 1975; and the maximum diversion rate for 16 acre- feet of water for direct diversion from Copperas (Rush) Creek is 1.0 cfs (450 gpm) with a time priority of April 30, 1955 Diversion point 1 is located Copperas (Rush) Creek at approximately 32.079 degrees N Latitude,98.706 degrees W Longitude. Diversion point 2 is located on the perimeter of the reservoir 1 at approximately 32.088 degrees N Latitude, 98.703 degrees W Longitude. Diversion point 3 is located on the perimeter of the reservoir 2 at approximately 32.084 degrees N Latitude, 98.707 degrees W Longitude. Diversion point 4 is located on the perimeter of the reservoir 3 at approximately 32.082 degrees N Latitude, 98.704 degrees W Longitude. Other special conditions apply. Applicant seeks to amend Certificate by extending or deleting the expiration date of December 31, 2000 for the 130 acre-feet of water per annum. (The perpetual 16 acre-feet water right will not be effected by this amendment) The application was received on October 30, 2000. Additional information was received February 6, 2001 and June 4, 2002. The application was determined to be administratively complete on May 31, 2002. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed within 30 days after newspaper publication of this notice.

APPLICATION 12-3622C Curtis D. Lesley and Royce G. Lesley, 5350 Highway 2318, Comanche, Texas 76442, applicants, seek to amend Certificate of Adjudication No. 12-3622, as amended, pursuant to Texas Water Code 11.122 and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. The Executive Director recommends that notice should be published and mailed pursuant to 30 TAC §§ 295.152 & 295.153 (c) (1) to the water right holders downstream of the diversion point in the Brazos River Basin.Certificate of Adjudication No. 12-3622, as amended, authorizes the owners divert and use not to exceed 50 acre-feet of water from two exempt reservoirs with the capacities of 14 acre-feet and 36 acre-feet on an unnamed tributary of Copperas (Rush) Creek, tributary of the Leon River, tributary of the Little River, tributary of the Brazos River, in the Brazos River Basin, to irrigate 60 acres of land out of 100 acre tract in the Valentine Wilson Survey, Abstract No. 1024 in Comanche County, Texas. The maximum diversion rate is 1.11 cfs (500 gpm). The priority date is June 28, 1976. The Certificate contains a special condition whereby the authorization to divert the water will expire on December 31, 2000. Other special conditions apply. The diversion points are located on the perimeter of the reservoirs at approximately 32.001 degrees N Latitude, 98.542 degrees W Longitude. Applicants seek to amend Certificate of Adjudication No.12-3622, as amended, by extending or deleting the expiration date of December 31, 2000. Applicants indicated that they have groundwater wells that can be used as an alternate water supply source. The wells produce good quality water at 350 gpm. The application was received on December 14, 2000. Additional information was received June 3, 2002. The application was determined to be administratively complete on June 5, 2002. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed within 30 days after newspaper publication of this notice.

APPLICATION 5416B. James Donald Chester, 601 County Road 136, Comanche, Texas 76442, applicant, seeks to amend Water Use Permit No. 5416, as amended, pursuant to Texas Water Code 11.122 and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. The Executive Director recommends that notice should be published and mailed pursuant to 30 TAC 295.152 & 295.153 (c) (1) to the water right holders downstream of the diversion point in the Brazos River Basin. Water Use Permit No. 5416, as amended, authorizes owner to divert and use not to exceed 10 acre-feet of water per annum from an exempt reservoir impounding 13 acre-feet of water on an unnamed tributary of Martins Branch, tributary of Copperas (Rush) Creek, tributary of the Leon River, tributary of the Little River, tributary of the Brazos River, in the Brazos River Basin for agricultural use to irrigate 11 acres of land out of a 84.62 acre tract H. C. Denny Survey, Abstract No. 272 in Comanche County. The maximum diversion rate is 0.89 cfs (400 gpm). The Permit contains a special condition whereby the authorization to divert the water will expire on December 31, 2000. Other special conditions apply. The time priority is April 15, 1992. The diversion point is on the perimeter of the aforesaid reservoir at approximately 32.012 degrees N Latitude, 98.676 degrees W Longitude. Applicant seeks to amend Water Use Permit No. 5416, as amended, by extending or deleting the expiration date of December 31, 2000. The application was received on December 18, 2000. Additional information was received April 22, 2002. The application was determined to be administratively complete on May 22, 2002. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed within 30 days after newspaper publication of this notice.

APPLICATION 12-3524C. Julia Beth Cook, Jerry R. Skaggs, and Emma Jane Larch, 703 South Lamar, DeLeon, Texas 76444, applicants, seek to amend Certificate of Adjudication No. 12-3524, as amended, pursuant to Texas Water Code 11.122 and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. The Executive Director recommends that notice should be published and mailed pursuant to 30 TAC 295.152 & 295.153 (c) (1) to the water right holders downstream of the diversion point in the Brazos River Basin. Certificate of Adjudication No. 12-3524, as amended, authorizes the owner to divert and use not to exceed 25 acre-feet of water per annum from two exempt dams and reservoirs on an unnamed tributary of the Sabana River, tributary of the Leon River , tributary of the Little River, tributary of the Brazos River, in the Brazos River Basin for agricultural use to irrigate a maximum of 41.8 acres of land out of two tracts totalling 200 acres in H. & T. C. RR Co. Survey, Abstract 207 and J.C. Kidd Survey, Abstract 802, Eastland County. The time priority is December 8, 1975. The Certificate contains a special condition whereby the rights to divert from the reservoir will expire December 31, 2000. Other special conditions apply. The diversion points are located on the perimeter of the reservoirs. Diversion point 1 is located at approximately 32.224 degrees N Latitude, 98.730 degrees W Longitude and diversion point 2 is locate at approximately 32.223 degrees N Latitude, 98.730 degrees W Longitude. The maximum combined diversion rate of 0.67 cfs (300 gpm). Applicant seeks to amend Certificate of Adjudication No. 12-3524, as amended, by extending or deleting the expiration date of December 31, 2000. The application was received on December 20, 2000. Additional information was received February 22, 2002. The application was determined to be administratively complete on May 7, 2002. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed within 30 days after newspaper publication of this notice.

Information Section

A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in an application.

The Executive Director can consider approval of an application unless a written request for a contested case hearing is filed. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any: (2) applicant's name and permit number; (3) the statement [I/we] request a contested case hearing; and (4) a brief and specific description of how you would be affected by the application in a way not common to the general public. You may also submit any proposed conditions to the requested application which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the TNRCC Office of the Chief Clerk at the address provided in the information section below.

If a hearing request is filed, the Executive Director will not issue the requested permit and may forward the application and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting.

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

TRD-200203818

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: June 18, 2002

The State Office Administrative Hearing issued a Proposal for Decision and Order to the Texas Natural Resource Conservation Commission on June 11, 2002 Executive Director of the Texas Natural Resource Conservation Commission, Petitioner v. Las Palmas Veterinary Hospital, Inc.; SOAH Docket No. 582-01-2736; TNRCC Docket No. 1999-1563-AIR-E. In the matter to be considered by the Texas Natural Resource Conservation Commission on a date and time to be determined by the Chief Clerk's Office in Room 201S of Building E, 12118 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105 TNRCC PO Box 13087, Austin Texas 78711-3087. If you have any questions or need assistance, please contact Doug Kitts, Chief Clerk's Office, (512) 239-3317.

TRD-200203816

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: June 18, 2002

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of a Joint Application to Amend Certificated Service Area Boundaries. A summary of the application follows.

Docket Style and Number: Joint Application of Entergy Gulf States, Inc. and Sam Houston Electric Cooperative, Inc. to Amend Certificated Service Area Boundaries, Docket Number 26069 before the Public Utility Commission.

The Application: Applicants stated that no municipalities were involved in this proposed boundary change as the affected property lies in an unincorporated area and that Sam Houston Electric Cooperative, Inc., Entergy Gulf States, Inc. (EGSI), and EGSI’s customer have agreed to the proposed amendment, as indicated in Attachment C to the Letter Agreement executed by the parties.

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-200203690

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 13, 2002

The Public Utility Commission of Texas (commission) received a petition on June 4, 2002, from Texas Legal Services Center requesting an emergency rule to prevent massive customer confusion regarding Provider of Last Resort (POLR) services and termination procedures, and to save lives. The petition is assigned Project Number 26091, Texas Legal Services' Request for Emergency Rule to Protect Customers from POLR Transfers (Severed from Project Number 25360) . Under the Administrative Procedure Act, Texas Government Code §2001.021, the commission shall either deny the petition in writing, stating its reasons for denial, or initiate a rulemaking proceeding not later than the 60th day after the date the petition is filed.

Comments on the petition may be filed no later than 3:00 p.m. on July 12, 2002. Copies of the petition may be obtained from the commission's Central Records Division, William B. Travis Building, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, or through the Interchange on the commission's web site at www.puc.state.tx.us. All inquiries and comments concerning this petition for rulemaking should refer to Project Number 26091.

TRD-200203774

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 17, 2002

The Public Utility Commission of Texas (commission) will hold a workshop relating to the oversight of independent organizations in the competitive electric market. The workshop will be held at the offices of the Public Utility Commission, 1701 North Congress Avenue, Austin, Texas, on Tuesday, July 9, 2002, at 10:00 a.m. in the Commissioners' Hearing Room. Project Number 25959, Rulemaking on Oversight of Independent Organizations in the Competitive Electric Market , has been established for this proceeding. Prior to the workshop, the commission will post on its web site an outline of a draft rule prepared by commission staff. The purpose of the workshop will be to permit interested persons to provide their views on this topic and to assist the commission in developing a rule. A proposed rule is not being published for comment at this time. Interested persons will have an opportunity to provide formal comments on this matter when a proposed rule is published for comment.

Questions concerning the workshop or this notice should be referred to Jess Totten, Director, Electric Division at (512) 936-7235. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200203812

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 18, 2002

On June 14, 2002, Southwestern Bell Telephone, LP doing business as Southwestern Bell Telephone Company and Verizon Select Services, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104- 104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 26095. 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 26095. 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 July 16, 2002, and shall include:

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

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

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

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

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

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

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

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission, 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 26095.

TRD-200203811

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 18, 2002

On June 14, 2002, Southwestern Bell Telephone, LP doing business as Southwestern Bell Telephone Company and National Discount Telecom, LLC, 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 26096. 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 26096. 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 July 16, 2002, and shall include:

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

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

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

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

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

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

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

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission, 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 26096.

TRD-200203810

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 18,2002

On June 14, 2002, Southwestern Bell Telephone, LP doing business as Southwestern Bell Telephone Company and NII Communications, Ltd., 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 26097. 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 26097. 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 July 16, 2002, and shall include:

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

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

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

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

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

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

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

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission, 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 26097.

TRD-200203809

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 18, 2002

On June 14, 2002, Sprint Spectrum, LP and Verizon Southwest, 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 26100. 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 26100. 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 July 16, 2002, and shall include:

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

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

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

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

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

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

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

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission, 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 26100.

TRD-200203808

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 18, 2002

On June 14, 2002, AT&T Wireless Services, Inc. and Verizon Southwest, 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 26101. 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 26101. 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 July 16, 2002, and shall include:

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

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

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

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

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

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

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

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission, 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 26101.

TRD-200203807

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 18, 2002

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.214.

Docket Title and Number. Valor Telecommunications of Texas, LP Application for Approval of LRIC Study for Caller ID, Call Waiting, and Call Waiting ID Features Pursuant to P.U.C. Substantive Rule §26.214 on June 24, 2002, Docket Number 26076.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 26076. Written comments or recommendations should be filed no later than 45 days after the date of a sufficient study and should be filed at the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission, Customer Protection Division at (512) 936-7120. Hearing and speech- impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200203689

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 13, 2002

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

Docket Title and Number. Southwestern Bell Telephone Company's Application for Approval of LRIC Study for Business Category Search Pursuant to P.U.C. Substantive Rule §26.215 on June 24, 2002, Docket Number 26090.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 26090. Written comments or recommendations should be filed no later than 45 days after the date of a sufficient study and should be filed at the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission, Customer Protection Division, at (512) 936-7120. Hearing and speech- impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200203804

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 18, 2002

On June 12, 2002, United Telephone Company of Texas, Inc. doing business as Sprint, Central Telephone Company of Texas doing business as Sprint, and Phone-Link, Inc., collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 26077. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 26077. 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 July 15, 2002, and shall include:

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

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

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

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

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

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

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

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission, Customer Protection Division, at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech- impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 26077.

TRD-200203803

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 18, 2002

On June 13, 2002, WesTex Communications, LLC and Verizon Southwest, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 26083. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 26083. 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 July 16, 2002, and shall include:

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

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

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

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

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

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

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

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission, 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 26083.

TRD-200203802

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 18, 2002

On June 13, 2002, Buy-Tel Communications, Inc. and Verizon Southwest, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 26084. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 26084. 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 July 16, 2002, and shall include:

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

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

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

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

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

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

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

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission, 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 26084.

TRD-200203801

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 18, 2002

On June 13, 2002, National Discount Telecom, LLC and Verizon Southwest, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 26085. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 26085. 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 July 16, 2002, and shall include:

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

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

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

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

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

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

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

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission, 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 26085.

TRD-200203800

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 18, 2002

On June 13, 2002, IQC, LLC and GTE Southwest Incorporated doing business as Verizon Southwest, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement. 2002) (PURA). The joint application has been designated Docket Number 26086. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 26086. 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 July 16, 2002, and shall include:

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

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

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

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

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

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

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

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission, 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 26086.

TRD-200203799

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 18, 2002

On June 13, 2002, Express Telephone Services, Inc. and Verizon Southwest, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 26087. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 26087. 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 July 16, 2002, and shall include:

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

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

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

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

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

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

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

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission, 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 26087.

TRD-200203798

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 18, 2002

On June 13, 2002, Southern Telcom Network, Inc and GTE Southwest Inc. doing business as Verizon Southwest, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement. 2002) (PURA). The joint application has been designated Docket Number 26088. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 26088. 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 July 16, 2002, and shall include:

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

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

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

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

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

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

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

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission, 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 26088.

TRD-200203797

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 18, 2002

The Texas Workforce Commission (Commission), the administrative entity for the Workforce Investment Act (WIA), is requesting a waiver to remove the 15 percent limit on the amount the Governor may reserve for statewide activities and to allow the Governor to determine the amount reserved for statewide activities. The reserve amount greater than 15 percent will be used for programs and activities administered by the Local Workforce Development Boards (Boards) at the local level. Administrative costs would remain at or below 5 percent at the state level.

This waiver request follows the format identified in WIA §189(i)(4)(B) (29USCA §2939(i)(4)(B)) and WIA Regulations at 20 CFR §661.420(c).

1. Statutory Provisions to be Waived:

• WIA §128(a)(1) (29 USCA §2853(a)(1)) provides that the Governor of a State shall reserve not more than 15 percent of the amounts allotted to the State to carry out statewide youth activities and statewide employment and training activities for adults or dislocated workers.

• 20 CFR §667.130(b) restates that a state is limited to 15 percent for reserving Adult, Dislocated Worker, and Youth funds for statewide activities.

In 1995, with the passage of House Bill 1863, the Commission was created to administer a variety of employment and training programs to help adults and youth develop the job skills necessary to meet the occupational demands of employers and the state. That legislation envisioned a statewide workforce investment system made up of the Commission, the 28 Boards and their service providers, known as the Texas Workforce Network. As a result of the Commission's leadership, Texas implemented WIA in 1999, a full year ahead of the federal mandate. One year later, all 28 Boards were operational and the Texas Workforce Network was delivering services statewide. The Commission oversees the Boards' service delivery that is based on the establishment of local control over large-block granted programs. The Texas Workforce Network has three underlying principals:

• employer focused to meet the workforce needs of businesses and industries;

• locally designed service delivery plans to serve current workers and individuals entering the labor force for the first time; and

• integrated service delivery to allow the broadest range of job seekers to access employment assistance.

WIA formula funded programs are not always able to provide services locally that address employers' demands for skilled employees, or remove job seekers' barriers to employment. Limited to formula funded programs, Boards often lack the freedom to create innovative programs at the local level that are reasonable and necessary to address unexpected needs of their employers and respective customers. Statewide activity funds give Boards the flexibility and resources to provide services to employers and job seekers.

The underlying purpose for the Governor's reserve for statewide activity funds is to further enhance and integrate WIA program activities and to expand existing allowable activities. For example, statewide activity funds are used locally for special initiatives to enhance the One-Stop system and to develop partnerships with the WIA partners. The Commission is committed to system-wide continuous improvement by carrying out required and allowable statewide employment and training activities prescribed in WIA. However, with the current economic slowdown, the demand on statewide activity funds has increased, particularly from employers. The increased demand for statewide activity funds among competing customers may be greater than the amount available with the 15 percent ceiling. Waiving the 15 percent ceiling on statewide funds gives Texas more latitude to increase allowable employment and training activities and gives the Commission and local areas greater flexibility to create programs that improve services to employers and job seekers.

Texas is fully committed to the WIA concept of implementing innovative and comprehensive workforce investment systems tailored to meet the particular needs of local and regional labor markets. This waiver will allow Texas to fully implement this concept.

2. State or Local Statutory or Regulatory Barriers:

There are no state or local statutory or regulatory barriers to implementing the requested waiver. Commission regulations and policy statements are in compliance with current federal law. Upon notification of the approval of this waiver request, Commission regulation and policy will be amended to comply with the terms of the waiver.

3. Goals to be Achieved by the Waiver:

• Improve the ability of Boards to respond to employers and job seekers that do not fit statutory defined populations within their local areas;

• Increase local control for program delivery by encouraging locally designed service delivery plans;

• Provide greater flexibility to Boards in designing and implementing WIA programs; and

• Increase accountability at the state, local, and service provider levels by ensuring that statewide activity expenditures at every level are reported through the existing monitoring and performance accountability system and are based on negotiated performance measures that evaluate the program's effectiveness.

Programmatic Outcomes:

Statewide activity funds enhance the service delivery of the required WIA programs and activities at the local level. Funding statewide activities beyond the 15 percent limit will enable Boards to use these additional funds to tailor their programs to meet real, locally determined employer and job seeker needs and to further reform the state's workforce investment system.

Statewide activity funds provide local areas with the flexibility to respond to the more immediate needs of customers or of the WIA program delivery system. Statewide activity funds are used to address the needs of customers affected by unforeseen events or natural disasters that cause sudden layoffs in workforce areas. For example, the events of 9/11 had a direct affect on two of the state's largest workforce areas.

Two major airlines maintain their operational centers, or hubs in Texas. As passenger numbers declined, the airlines cancelled scheduled flights, reduced routes, and laid off their employees. Layoffs from the airlines impacted other related businesses that depend on the economic health of the airlines, particularly at these hubs. The two workforce areas, where these airlines have their hubs, suffered a disproportionate number of lost jobs. 9/11 made the state aware that the 15 percent limit on statewide activity funds reduces the choices available for workforce areas to respond to the immediate needs of businesses and employees.

These funds are also used to create infrastructures that provide long-term benefits to customers, as well as to improve delivery of direct client services. Statewide funds used for funding innovative demonstration projects often become the models for implementing statewide programs. Because these projects are designed according to the specific needs of local areas, accountability at the local and service provider level is increased. Projects funded at the local level with statewide activity funds promote the workforce system as a valued partner with business, labor, and community organizations.

4. Individuals Impacted by this Waiver:

This waiver will benefit local workforce areas, employers, Boards, service providers, One-Stop center staff, and participants. The economic downturn and the events of 9/11 created new customers that do not fit statutory defined populations. This waiver will allow Boards to assist new customers with specialized needs. The flexibility of these funds encourages Boards to increase their services and become more responsive and innovative with their service providers to meet existing and new customers' needs. This waiver encourages Boards to partner with more employers and business, labor and community organizations, which promotes universal access for any individual to access the One-Stop system.

5. Process to Monitor Progress in Implementing the Waiver:

The Commission, with input from Boards, service providers, and the public, develops programs and activities funded with statewide activity funds. The Commission has a successful monitoring and performance accountability system that measures results for job seekers and employers using the Texas Workforce Network. The Commission continuously analyzes performance reports and compares actual performance with contract benchmarks. The Commission will continue to make adjustments to monitoring performance requirements to ensure that performance goals and objectives are met for all WIA statewide activity programs. The Commission will monitor progress on this waiver by reviewing monthly expenditure and performance reports submitted by Boards and from regularly scheduled conference calls with Board executive directors. Provisions in the contracts for the programs funded with statewide activity funds address specific performance measures.

Notice to Boards . Notice to Boards would occur via issuance of Workforce Development Letter(s), as well as through provision of training and/or technical assistance. These steps would be taken prior to the effective date of the waiver implementation.

Board Opportunity to Comment . Actual notice of the proposed waiver plan will be provided to Board chairpersons, Board executive directors and lead chief elected officials in the workforce areas for comment.

Public Comment Opportunity . Notice of the proposed waiver plan will be available on the Commission website and will be published in the Texas Register .

TRD-200203931

John Moore

Acting General Counsel

Texas Workforce Commission

Filed: June 21, 2002

The Texas Workforce Commission (Commission), the administrative entity for the Workforce Investment Act (WIA), is requesting a waiver to allow the state to implement a WIA reallocation process that further encourages Local Workforce Development Boards (Boards) to administer effective and efficient programs by increasing their rates of expenditure, and thereby enhancing Texas' ability to maximize allotted WIA funds to provide needed services.

This waiver request follows the format identified in WIA §189(i)(4)(B) (29 USCA §2939(i)(4)(B)) and WIA Regulations at 20 CFR §661.420(c).

1. Statutory Provisions to be Waived:

• WIA §128(c)(2) (29 USCA §2853(c)(2)) and §133(c)(2) (29 USCA §2863(c)(2)) provide that the amount available for reallocation for a program year is equal to the amount by which the unobligated balance of the Board allocation of Youth, Adult, or Dislocated Worker funds exceeds 20 percent.

• WIA §128(c)(4) (29 USCA §2853(c)(4)) and §133(c)(4) (29 USCA §2863(c)(4)) provide that a Board eligible for a reallocation is one that has obligated at least 80 percent of the Board allocation for Youth, Adult, and Dislocated Worker.

• WIA §128(c)(3) (29 USCA §2853(c)(3)) and §133(c)(3) (29 USCA §2863(c)(3)) provide for making reallocations to eligible Board areas for amounts available pursuant to §128(c)(2) and §133(c)(2) for a program year. The governor shall allocate to each eligible Board area within the state an amount based on the relative amount allocated to such Board for Youth, Adult, and Dislocated Worker.

In 1995, with the passage of House Bill 1863, the Commission was created to administer a variety of employment and training programs to help adults and youth develop the job skills necessary to meet the occupational needs of employers and the state. That legislation envisioned a statewide workforce investment system made up of the Commission, the 28 Boards and their service providers, known as the Texas Workforce Network. As a result of the Commission's leadership, Texas implemented WIA in 1999, a full year ahead of the federal mandate. One year later, all 28 Boards were operational and the Texas Workforce Network was delivering services statewide. The Commission oversees the Boards' service delivery that is based on the establishment of local control over large-block granted programs. The Texas Workforce Network has three underlying principals:

• employer focused to meet the workforce needs of businesses and industries;

• locally designed service delivery plans to serve current workers and individuals entering the labor force for the first time; and

• integrated service delivery to allow the broadest range of job seekers to access employment assistance.

The Commission has developed an allocation rule with deobligation benchmarks that apply to nearly $500 million in other block grant programs "to promote effective service delivery and financial planning and management, to ensure full utilization of funding, and to reallocate funds to populations in need." The Commission has effectively managed this variety of block grant funds through this process and now requests a waiver in order to achieve the same success with the WIA program.

In our efforts to encourage Boards to increase their rates of expenditure and to enhance our ability to maximize the available WIA funds allotted to us to provide needed services, we request that this unobligated balance standard be waived, and that we be authorized to deobligate when unexpended balances of the workforce area allocations exceed 20 percent for a program year.

In concert with our request to waive the 20 percent " unobligated balance" standard, in favor of a 20 percent " unexpended balance" standard, as referenced above, we hereby request that eligibility for reallocated funds be based upon expending 80 percent of the workforce area allocation.

We request, further in pursuit of our objective, that we be authorized to deobligate funds more frequently than at the end of a program year, specifically when unexpended balances exceed 67 percent of a workforce area allocation by the end of the second quarter of the program year.

To further enhance the ability of our state to maximize services at the local level and to ensure full utilization of WIA funding, we request the flexibility to establish thresholds in the reallocation process in order to eliminate de minimis or otherwise insignificant funding amounts, which could not impact service delivery in the workforce area.

2. State or Local Statutory or Regulatory Barriers:

There are no state or local statutory or regulatory barriers to implementing the requested waiver. Commission regulations and policy statements are in compliance with current federal law. Upon notification of the approval of this waiver request, Commission regulation and policy will be amended to comply with the terms of the waiver.

3. Goals to be Achieved by the Waiver:

• Increasing accountability for the effective and timely expenditure of available funding;

• Providing more employment and training services to qualified program clients more promptly;

• Increasing state and local flexibility, by providing the state with the ability to hold Boards to a higher standard of effective and timely expenditure of available funding.

Programmatic Outcomes:

Deobligating funds under either option will increase the Boards' rates of expenditure and enhance the Commission's ability to maximize the available WIA funds allotted to the state. The Commission provides Boards with continued technical assistance and program monitoring to encourage them to manage WIA funds to ensure that expenditures on WIA services are reasonable and necessary. However, funds from workforce areas with excess unexpended balances, can be reallocated to those workforce areas that require additional WIA funds to respond to increased demand for services. This increased flexibility to deobligate and reallocate unexpended funds between workforce areas would allow workforce areas to better respond to changes, while allowing the Commission to more effectively direct WIA funds to the workforce areas where they are needed most.

Individuals Impacted by this Waiver:

This waiver will benefit workforce areas, Boards, employers, service providers, One-Stop center staff, and participants. The Commission's ability to deobligate and to reallocate these funds encourages Boards to better manage how WIA funds are used to provide services in their workforce area. Existing and new customers will benefit because services available in the workforce area will be more responsive and innovative. This waiver encourages Boards to partner with more employers and business, labor and community organizations, which promotes universal access for any individual to access the One-Stop system.

Process to Monitor Progress in Implementing the Waiver:

The Commission, with input from Boards, service providers, and the public, develops policy and provides formal guidance to Boards through the issuance of Workforce Development Letters (WD Letters). The Commission has a successful monitoring and performance accountability system that measures results for job seekers and employers using the Texas Workforce Network. The Commission continuously analyzes performance reports and compares actual performance with contract benchmarks. The Commission' will continue to make adjustments to monitoring performance requirements to ensure that performance goals and objectives are met for all WIA programs. The Commission will monitor progress on this waiver by reviewing monthly expenditure and performance reports submitted by Boards and from regularly scheduled conference calls with Board executive directors.

Notice to Boards . As stated above, notice to Boards would occur via issuance of WD Letter(s), as well as through provision of training and/or technical assistance. These steps would be taken prior to the effective date of the waiver implementation.

Board Opportunity to Comment . Actual notice of the proposed waiver plan will be provided to Board chairpersons, Board executive directors and lead chief elected officials in the workforce areas for comment.

Public Comment Opportunity . Notice of the proposed waiver plan will be available on the Commission website and will be published in the Texas Register .

TRD-200203928

John Moore

Acting General Counsel

Texas Workforce Commission

Filed: June 21, 2002

The Texas Workforce Commission (Commission), the administrative entity for the Workforce Investment Act (WIA), is requesting a waiver to change the required 50% employer match to a match based on a sliding scale. Through this approach, the employer match would range from 10 to 50 percent based on certain desirable quality characteristics of the training and the transferability of the skills to be attained by the worker.

This waiver request follows the format identified in WIA §189(i)(4)(B) (29 USCA §2939(i)(4)(B)) and WIA Regulations at 20 CFR §661.420(c).

1. Statutory Provisions to be Waived:

WIA §101(8) (29 USCA §2801(8)) defines customized training and requires employers to pay not less than 50% of the cost of the training.

In 1995, with the passage of House Bill 1863, the Commission was created to administer a variety of employment and training programs to help adults and youth develop the job skills necessary to meet the occupational needs of employers and the state. That legislation envisioned a statewide workforce investment system made up of the Commission, the 28 Local Workforce Development Boards (Boards) and their service providers, known as the Texas Workforce Network. As a result of the Commission's leadership, Texas implemented WIA in 1999, a full year ahead of the federal mandate. One year later, all 28 Boards were operational and the Texas Workforce Network was delivering services statewide. The Commission oversees the Boards' service delivery that is based on the establishment of local control over large-block granted programs. The Texas Workforce Network has three underlying principals:

• employer focused to meet the workforce needs of businesses and industries;

• locally designed service delivery plans to serve current workers and individuals entering the labor force for the first time; and

• integrated service delivery to allow the broadest range of job seekers to access employment assistance.

Customized training optimizes the resources available under workforce development initiatives to meet the needs of employers and job seekers. Since 1996, the Commission has successfully administered employer driven customized training programs funded through state resources. Customized training focuses on employers' and job seekers' needs while minimizing programmatic and bureaucratic barriers.

The Commission oversees three customized training programs: Skills Development Fund; Self-Sufficiency Fund; and Achieving Performance Excellence (APEX) Grants. These programs provide job seekers with the necessary skills to meet the demands of business and industry for skilled employees. The Commission directly administers the Skills Development Fund and Self-Sufficiency Fund programs by developing partnerships with employers, public community and technical colleges, community-based organizations, and others. These statewide programs focus on creating new jobs for job seekers and on retraining existing employees according to the employers' needs.

The APEX Grant program is funded with WIA funds that the Commission awards to Boards on a competitive basis. Boards with APEX grants administer their APEX grant locally. Following the approach the Commission uses for administering the Skills Development Fund, Boards pull together employers and training programs to enhance the skills of workers based on the occupational needs of businesses and industries.

The Commission has extensive experience in working with employers and in designing workforce development programs that meet specific employer needs. However, the current 50 percent employer match requirement limits the ability to market customized training programs to local employers. Local employers too often conclude that the 50 percent match requirement creates costs that outweigh the benefits of participating in a WIA customized training program.

The proposed sliding scale for the employer match will create the necessary flexibility for employers to provide the required match at a rate that more appropriately represents a particular business' or industry's cost benefit ratio of contributing to a match amount to receive skilled employees. Allowing businesses and industries to apply the sliding scale to determine the match amount will increase employer participation in WIA customized training programs at the local level. The sliding scale will answer employers' primary reason for not participating in the customized training. Boards will increase their participation rates for skilled job seekers that received training and found employment. Employers will benefit by having a labor pool with the marketable skills they require.

Proposed Employer Match Sliding Scale:

The proposed employer match sliding scale will range from 10 to 50 percent, based on quality characteristics of the customized training. Quality characteristics will be based on goals of the State Strategic Plan for Workforce Development that adhere to the principles of training workers in high demand, high skill, high wage occupations and industries. The Commission will develop the sliding scale and the process by which it will be applied. The Commission is committed to ensuring that participants in customized training programs will acquire the skills to meet workplace requirements for long term employment and work toward sustaining employment in high-skill, high wage occupational areas.

2. State or Local Statutory or Regulatory Barriers:

There are no state or local statutory or regulatory barriers to implementing the requested waiver. Commission regulations and policy statements are in compliance with current federal law. Upon notification of the approval of this waiver request, Commission regulation and policy will be amended to comply with the terms of the waiver.

3. Goals to be Achieved by this Waiver:

• Increase flexibility at the local level to serve business and industry through a value added approach to their specific needs;

• Equip workers with relevant job training with transferable skills that lead to high-skill, high-wage occupations and industries;

• Improve ability of Boards to work with the private sector and respond quickly to changes in their areas; and

• Increase local flexibility for design and control of training programs.

Programmatic Outcomes:

• Increase the percentage of employers using customized training as a means to hire and retain skilled workers.

• Increase the percentage of workers trained and hired through customized training programs.

Although existing data on Board customized training programs is not extensive at this time, it will be used as baseline data to measure progress on outcomes post waiver approval and implementation.

4. Individuals Impacted by this Waiver:

Employers will benefit from the waiver due to the reduced match requirement. This will make customized training a more attractive option for acquiring workers trained to their specifications.

The waiver will impact the provision of training services through customized training to Adults, Older Youth and Dislocated Workers eligible for services under WIA. In particular, WIA eligible individuals with multiple barriers to employment, low basic skills, and English language proficiency stand to benefit the most from customized training.

Trade/NAFTA has impacted workers along the Texas-Mexico Border. Of special concern are the workers formerly in the garment industry and other labor-intensive industries with multiple barriers to employment, in particular, non-English speaking skills. Customized training addresses the specialized needs of job seekers, providing them with the skills necessary to meet employer expectations and the needs of business and industry.

5. Process To Monitor Progress in Implementing the Waiver: The Commission, with input from Boards, employers, and service providers, develops customized training programs. The Commission has a successful monitoring and performance accountability system that measures results for job seekers and employers using the Texas Workforce Network. Technical assistance during the implementation phase of the waiver will cover areas such as procurement, contracting and program design. The Commission continuously analyzes performance reports and compares actual performance with contract benchmarks. The Commission will continue to make adjustments to monitoring performance requirements to ensure that performance goals and objectives are met for all WIA customized training programs. The Commission will monitor progress on this waiver by reviewing monthly expenditure and performance reports submitted by Boards and from regularly scheduled conference calls with Board executive directors. Provisions in the contracts for customized training programs address specific performance measures.

Notice to Boards . Notice to Boards would occur via issuance of Workforce Development Letter(s), as well as through provision of training and/or technical assistance. These steps would be taken prior to the effective date of the waiver implementation.

Board Opportunity to Comment . Actual notice of the proposed waiver plan will be provided to Board chairpersons, Board executive directors and lead chief elected officials in the workforce areas for comment.

Public Comment Opportunity . Notice of the proposed waiver plan will be available on the Commission website and will be published in the Texas Register .

TRD-200203925

John Moore

Acting General Counsel

Texas Workforce Commission

Filed: June 21, 2002

The Texas Workforce Commission (Commission), the administrative entity for the Workforce Investment Act (WIA), is requesting waiver of the employment and wage performance reporting requirements for the Participant Universe - ALL for programs that are currently approved by the Texas Higher Education Coordinating Board (THECB). As provided for in WIA §122 (b)(1), these programs are exempted from submitting performance data at time of initial eligibility application. The waiver would apply to submission of specified performance data at time of subsequent eligibility application, as required by WIA §122 (d)(1)(A)(i) (29 USCA §2842(d)(1)(A)(i)), and 20 CFR §§663.535 and 663.540.

This waiver request follows the format identified in WIA §189 (i)(4)(B) (29 USCA §2939(i)(4)(B) and at 20 CFR §661.420(c).

1. Statutory Regulations to be Waived:

WIA §122(d)(1)(A)(i) (29 USCA §2842(d)(1)(A)(i) outlines the subsequent eligibility performance reporting requirements for the Participant Universe - ALL. The Commission is requesting a waiver of the employment and wage performance reporting requirements for programs that are THECB-approved at the time of subsequent eligibility application submission. The primary goals to be accomplished by this request include: (1) eliminating duplication of performance reporting and evaluation processes and (2) ensuring availability of a variety of quality WIA-certified programs from which eligible participants can select training option(s).

In 1995, with the passage of House Bill 1863, the Commission was created to administer a variety of employment and training programs to help adults and youth develop the job skills necessary to meet the occupational needs of employers and the state. That legislation envisioned a statewide workforce investment system made up of the Commission, the 28 Local Workforce Development Boards (Boards) and their service providers, known as the Texas Workforce Network. As a result of the Commission's leadership, Texas implemented WIA in 1999, a full year ahead of the federal mandate. One year later, all 28 Boards were operational and the Texas Workforce Network was delivering services statewide. The Commission oversees the Boards' service delivery that is based on the establishment of local control over large-block granted programs. The Texas Workforce Network has three underlying principals:

• employer focused to meet the workforce needs of businesses and industries;

• locally designed service delivery plans to serve current workers and individuals entering the labor force for the first time; and

• integrated service delivery to allow the broadest range of job seekers to access employment assistance.

THECB-approved programs are subject to the THECB Institutional Effectiveness (IE) review process, and as such, have been reviewed and approved by the agency that oversees the program approval, revision and review process for publicly supported community and technical colleges. The IE review process is a comprehensive approach for verifying the effectiveness of Texas' community and technical colleges in achieving their local and statutory missions. It provides for the systematic use of evaluation results to continuously improve institutional performance and programs.

THECB Institutional Effectiveness Review Process

• Purpose, Authority, and Expectations: Provisions of Texas Education Code, §61.051 and U.S. Public Law 105-332 (Carl V. Perkins Vocational and Technical Education Act of 1998), charge the THECB with the responsibility of evaluating the effectiveness of workforce education programs, academic courses that are included in workforce education program curricula, and student services offered by public community and technical colleges, the Texas State Technical Colleges, and universities that offer applied associate degree programs for the purpose of assuring:

•• Continuous improvement of Texas' community and technical colleges in response to state and federal goals and higher education mandates, including workforce education and training;

• Accountability to the citizens of the state, Texas Legislature, Governor, and to the U.S. Department of Education for expenditures of public funds; and

•• Responsiveness of Texas' public community and technical college programs and services in developing a well-educated citizenry and highly training workforce.

Performance expectations for public community and technical colleges, the Texas State Technical Colleges, and universities that offer applied associate degree programs are stipulated in:

•• Texas Education Code, Sections 130.0035 and 135.01;

•• Criteria for Accreditation Southern Association of Colleges and Schools (SACS);

•• Guidelines for Instructional Programs in Workforce Education; and

•• Texas Academic Skills Program Policy Manual.

• Evaluation Process: Two methods of evaluating colleges have been approved by THECB. Each year, the president of each college is asked to select:

•• An on-site evaluation conducted by peer reviewers from public community and technical colleges from across the state and led by a THECB staff member,

OR

•• An information and data review (informally referred to as a "desk review") conducted by THECB staff members. The desk review examines certain elements of the college's activities that have been identified as indicative of program and services quality.

All colleges are automatically scheduled for a desk review unless the president requests an on-site peer review.

• Evaluation Timeline: According to statute, each public two-year institution of higher education must be reviewed periodically. The number of public community and technical colleges in Texas dictates that each college is evaluated for institutional effectiveness once every four years.

• Information Sources that Support the IE Initiative:

•• The Annual Data Profile, the Statewide Factbook, and the College Profiles summarize and analyze data reported by Texas' public community and technical colleges relating to state-level goals and federal reporting requirements.

•• Information derived from the On-Site Review and Information and Data Review processes is used to support the IE initiative.

•• The Annual Institutional Self-Evaluation is a required component of the annual application for Federal Perkins Act funds. It requires community and technical colleges to provide data on statewide goals and program-level assessments.

• Review of Outcomes Data: One aspect of the review process involves collection and analysis of outcomes based measures. The 'Achievement' measures include:

[graphic]

[graphic]

As part of the IE review process, additional inquiry into the quality of one or more programs may be triggered if standards are not met for two of the following three measures:

•• 15 Graduates Over 3 Year Period (overall)

•• 85% Placement

•• Licensure Pass Rate (where applicable)

In order for a new program to be approved, the institution must demonstrate overall institutional effectiveness. With any new program application, colleges must submit their institutional plan for meeting the 15 Graduates Over 3 Year Period' and '85% Placement' standards for any eligible programs that are not meeting these standards. The college must demonstrate successful student outcomes for each current workforce education program it offers. The referenced measures/standards must have been met for each program over the previous three-year reporting period. These standards do not apply to institutional awards not listed on THECB's inventory of programs. The THECB grants exceptions to these standards for programs that have been implemented for less than three years or those currently in deactivation status. If a program is reactivated, the exception for new programs does not apply; the program is expected to meet all institutional effectiveness standards.

2. State or Local Statutory or Regulatory Barriers:

There are no state or local statutory or regulatory barriers to the implementation of the federal law or the implementation of the requested waiver. Commission regulations and policy statements are in compliance with current federal law. Upon notification of the approval of this waiver request, Commission regulation and policy will be amended to comply with the terms of the waiver.

3. Goals to be Achieved by the Waiver:

• Eliminating duplication of performance reporting and evaluation processes by multiple state agencies, while maintaining the accountability of training providers as part of the subsequent eligibility determination process;

• Streamlining the application submission and review process for THECB-approved programs which will have a direct impact on selected providers, Local Workforce Development Boards (Boards) and Commission staff;

• Enhancing and maintaining a robust Eligible Training Provider List (ETPL) in an effort to provide a variety of training options for eligible participants;

• Facilitating continued participation by providers in rural areas with a relatively small number of available providers and/or training locations; and

• Assisting with the provision of a quality workforce for the State of Texas.

Programmatic Outcomes:

Several of Texas' Boards manage workforce areas that cover large geographic areas and/or contain a high percentage of rural, remote locations. Typically, the availability of providers in such areas is much lower. It is critical that providers continue to participate in the WIA certification system in order to ensure that eligible participants have access to training programs, and ideally a variety of programs, that are within a reasonable commuting distance.

The Boards support the IE review process as a comprehensive approach for verifying the effectiveness of Texas' community and technical colleges in achieving their local and statutory missions. The IE review process provides for the systematic use of evaluation results to continuously improve institutional performance and programs. The granting of the waiver request would provide for non-duplication of performance reporting and evaluation processes and ensuring availability of a variety of quality WIA-certified programs from which eligible participants can select training option(s).

4. Individuals Impacted by the Waiver:

Eligible Training Provider System (ETPS) stakeholders affected by this request include:

• Training Providers with THECB-approved programs that are subject to the IE process, Boards, and the Commission would benefit from streamlined subsequent eligibility application requirements, review and eligibility determination processes.

• WIA participants eligible for training services would have access to a wider variety of training providers, programs and physical training locations.

5. Process used to Monitor Progress and Implementing the Waiver:

The Commission will implement steps that include, but are not be limited to:

• Proposing amendments to Commission Rule addressing performance reporting exceptions for THECB-approved programs;

• Providing notification of adopted Rule amendments by modifying:

•• policy documents issued through Workforce Development Letter(s) (WD Letter);

•• automated, Internet-based application system application items and error handling requirements; and

•• documents posted in the public view of the automated system;

• Providing information to providers by mail and through the applicable provider associations; and

• Providing training and technical assistance to Board contacts responsible for application review and approval.

Notice to Boards . As noted above, notice to Boards would occur via issuance of WD Letter(s), as well as through provision of training and/or technical assistance. These steps would be taken prior to the effective date of the waiver implementation.

Board Opportunity to Comment . Actual notice of the proposed waiver plan will be provided to Board chairpersons, Board executive directors and lead chief elected officials in the workforce areas for comment.

Public Comment Opportunity . Notice of the proposed waiver plan will be available on the Commission website and will be published in the Texas Register .

TRD-200203926

John Moore

Acting General Counsel

Texas Workforce Commission

Filed: June 21, 2002

The Texas Workforce Commission (Commission), the administrative entity for the Workforce Investment Act (WIA), is requesting a waiver to eliminate the 20% limitation on transferring WIA funds between Adult and Dislocated Worker programs. The waiver would provide an unlimited ability to transfer funds between these titles. In granting of this waiver, the Commission will ensure that the critical workforce needs of the local communities are met.

This waiver request follows the format identified in WIA §189(i)(4)(B) (29 USCA §2939(i)(4)(B)) and WIA Regulations at 20 CFR §661.420(c).

1. Statutory Regulations to be Waived:

WIA §133(b)(4) (29 USCA §2863(b)(4)) and WIA Regulations at 20 CFR §667.140, provide that with the approval of the governor, Local Workforce Development (Boards) may transfer up to 20 percent of a program year allocation for adult employment and training activities, and up to 20 percent of a program year allocation for dislocated worker employment and training activities between the two programs.

In 1995, with the passage of House Bill 1863, the Commission was created to administer a variety of employment and training programs to help adults and youth develop the job skills necessary to meet the occupational needs of employers and the state. That legislation envisioned a statewide workforce investment system made up of the Commission, the 28 Boards and their service providers, known as the Texas Workforce Network. As a result of the Commission's leadership, Texas implemented WIA in 1999, a full year ahead of the federal mandate. One year later, all 28 Boards were operational and the Texas Workforce Network was delivering services statewide. The Commission oversees the Boards' service delivery that is based on the establishment of local control over large-block granted programs. The Texas Workforce Network has three underlying principals:

• employer focused to meet the workforce needs of businesses and industries;

• locally designed service delivery plans to serve current workers and individuals entering the labor force for the first time; and

• integrated service delivery to allow the broadest range of job seekers to access employment assistance.

2. State or Local Statutory Regulatory Barriers:

There are no state or local statutory or regulatory barriers to implementing the waiver. Commission regulations and policy statements are in compliance with current federal law. Upon notification of the approval of this waiver, Commission regulation and policy will be amended to comply with the terms of the waiver.

3. Goals to be Achieved by the Waiver:

• Improve the ability of Boards to respond to changes within their local areas;

• Increase local control for program delivery;

• Increase employer collaboration between industry need and worker training;

• Increase accountability at the state, local and service provider levels; and

• Provide greater flexibility to Boards in designing and implementing WIA programs.

Programmatic Outcomes by the Waiver:

Boards have exercised their option under the law to transfer funds. By virtue of Texas' size and diverse population, WIA customer needs vary greatly from one geographical area to another. This increased flexibility and control to transfer funds between adult and dislocated workers would allow Boards to better respond to changes within their areas, thus, allowing Boards the ability to most effectively use these limited funds.

The role of the Boards is to plan, oversee and evaluate the delivery of all workforce training and services in their respective areas through One-Stop centers. Boards would be encouraged to design innovative programs unique to their Board needs and priorities. Programs designed according to the specific needs of Boards result in increased local and service provider accountability. The Commission supports the Boards in each of those areas, and provides continued technical assistance and program monitoring. The granting of the waiver will allow Texas to continue to meet the challenges of the future with strong partnerships, employer participation, and the continued support of state and federal leaders.

4. Individuals Impacted by the Waiver:

This waiver will benefit Boards, One-Stop centers, employers, customers, and service providers. The following are additional impacts of the waiver:

• Program participants will benefit because Boards will have the flexibility to design programs based on local needs and priorities.

• Increased utilization will result in more customers being served.

• Boards will have the flexibility to move funds where they are needed.

5. Process used to Monitor Progress and Implementing the Waiver:

The Commission has a successful monitoring and performance accountability system that measures results for job seekers and employers using the Texas Workforce Network. The Commission continuously analyzes performance reports and compares actual performance with contract benchmarks. The Commission will continue to make adjustments to monitoring performance requirements to ensure that performance goals and objectives are met for all WIA Adult and Dislocated Worker programs. The Commission will monitor progress on this waiver by reviewing monthly expenditure and performance reports submitted by Boards and from regularly scheduled conference calls with Board executive directors. Provisions in the contracts for the programs funded with statewide activity funds address specific performance measures.

Notice to Boards . Notice to Boards would occur via issuance of Workforce Development Letter(s), as well as through provision of training and/or technical assistance. These steps would be taken prior to the effective date of the waiver implementation.

Board Opportunity to Comment . Actual notice of the proposed waiver plan will be provided to Board chairpersons, Board executive directors and lead chief elected officials in the workforce areas for comment.

Public Comment Opportunity . Notice of the proposed waiver plan will be available on the Commission website and will be published in the Texas Register .

TRD-200203929

John Moore

Acting General Counsel

Texas Workforce Commission

Filed: June 21, 2002

The Texas Workforce Commission (Commission), the administrative entity for the Workforce Investment Act (WIA), is requesting a waiver of the requirement to competitively procure training providers for Older and Out-of-School Youth. Instead, Local Workforce Development Boards (Boards) would have the option to use the Eligible Training Provider system to secure training providers for these two youth populations.

This waiver request follows the format identified in WIA §189(i)(4)(B) (29 USCA §2939(i)(4)(B)) and WIA Regulations at 20 CFR §661.420(c).

1. Statutory Provisions to be Waived:

• WIA §123 (29 USCA §2843) provides that local areas will award grants or contracts for youth services based on a competitive process; and

• WIA §134 (d)(4) (29 USCA §2864(d)(4)) limits access to the eligible training providers to Adults and Dislocated Workers.

In 1995, with the passage of House Bill 1863, the Commission was created to administer a variety of employment and training programs to help adults and youth develop the job skills necessary to meet the occupational needs of employers and the state. That legislation envisioned a statewide workforce investment system made up of the Commission, the 28 Boards and their service providers, known as the Texas Workforce Network. As a result of the Commission's leadership, Texas implemented WIA in 1999, a full year ahead of the federal mandate. One year later, all 28 Boards were operational and the Texas Workforce Network was delivering services statewide. The Commission oversees the Boards' service delivery that is based on the establishment of local control over large-block granted programs. The Texas Workforce Network has three foundations:

• employer focused to meet the workforce needs of businesses and industries;

• locally designed service delivery plans to serve current workers and individuals entering the labor force for the first time; and

• integrated service delivery to allow the broadest range of job seekers to access employment assistance.

The Eligible Training Provider System requires that training providers meet rigid requirements for certification to provide training for Adult and Dislocated Workers. The Commission believes that the Older Youth (19-21) and Out-of-School Youth would benefit from the services provided by these certified training providers. Allowing the Boards to use the Eligible Training Provider System for Older and Out-of-School Youth will result in streamlining services and increasing local flexibility.

The Commission and Boards are committed to ensuring that the appropriate youth services are provided in the ten required program elements. To this end, the Commission has co-sponsored four Youth Forums with the Department of Labor that addressed topics such as how to leverage resources and how to develop partnerships to deliver required program elements. The Commission invested several million dollars in statewide activity funds to ensure Boards and local youth service providers received the technical assistance necessary to deliver quality youth programs.

2. State or Local Statutory or Regulatory Barriers:

There are no state or local statutory or regulatory barriers to implementing the requested waiver. Commission regulations and policy statements are in compliance with current federal law. Upon notification of the approval of this waiver request, Commission regulations and policy will be amended to comply with the terms of the waiver.

3. Goals to be Achieved by the Waiver:

• Improve youth services through increased customer choice in accessing training opportunities in demand occupations;

Increase the number of training providers for Older and Out-of-School Youth;

Provide Boards more flexibility in securing service providers; and

Eliminate duplicate processes for service providers.

Programmatic Outcomes:

The numbers of training providers in workforce areas will increase. Training services for youth will be available in a faster and more efficient manner. Many Boards find it difficult to secure training providers willing to competitively bid to provide training to Older and Out-of-School Youth. When Boards are required to competitively procure training services, the time period for matching training providers to youth who are in need is lengthened considerably. By allowing Boards to purchase training services for Older and Out-of-School Youth from the Eligible Training Provider system , youth will be able to access training services more quickly. Additionally, youth will be able to choose the training provider they prefer, if there is more than one certified training provider to choose from.

4. Individuals Impacted by the Waiver:

• Older and Out-of School Youth will benefit because they will be able to select from a list of certified training providers and will receive services more quickly.

• Boards will benefit because they will not have to direct their resources to costly and time consuming competitive procurements.

• Training providers will benefit because they will not have to follow two separate procedures to provide training for Adult and Dislocated Workers, which requires certification, and for Older and Out-of-School Youths, which requires competitive bidding.

5. Process used to Monitor Progress and Implementing the Waiver:

The Commission will issue a Workforce Development Letter (WD Letter) to the Boards. The WD Letter will provide direction to the Boards on the use of the Eligible Training Provider System for Older and Out-of-School Youth; identify the criteria for determining when the use of Individual Training Accounts is appropriate; provide guidance to Boards on how to assist youth in choosing the appropriate training provider; and provide direction to Boards in modifying their local integrated plan. Progress on the waiver will be monitored through regular dialogue with Boards and training providers who attend the state's Quarterly Youth Forums and through conversations with Board executive directors on the bi-monthly conference calls or Quarterly Director's meetings.

Notice to Boards . As noted above, notice to Boards would occur via issuance of Workforce Development Letter(s), as well as through provision of training and/or technical assistance. These steps would be taken prior to the effective date of the waiver implementation.

Board Opportunity to Comment . Actual notice of the proposed waiver plan will be provided to Board chairpersons, Board executive directors and lead chief elected officials in the workforce areas for comment.

Public Comment Opportunity . Notice of the proposed waiver plan will be available on the Commission website and will be published in the Texas Register .

TRD-200203930

John Moore

Acting General Counsel

Texas Workforce Commission

Filed: June 21, 2002