TITLE in-addition

Texas Department on Aging

Request for Proposals - Caregiving

Notification of Available Funding

The Texas Department on Aging (TDoA) is awarding grants to government, public, private, and non-profit entities to study caregivers in Texas. Caregivers are defined as an individual who provides care for person(s) age 60 and older; and grandparents and relative caregivers of children not more than 18 years of age (including grandparents who are sole caregivers of grandchildren and those individuals who are affected by mental retardation or who have developmental disabilities).

The purpose of this research study is to: 1) Quantify the number of caregivers in Texas, 2) Better understand caregiving in order to develop and enhance community needs assessment tools, 3) Verify that existing caregiver services are appropriate, and to build a more comprehensive service delivery system across the state, and 4) Understand access to caregiver services in order to target outreach activities in the community. The research should focus on evaluating who utilizes what services, when, and at what level?

TDoA is soliciting proposals for a one time only grant not to exceed the amount of $150,000. This Request for Proposals (RFP) invites applications from government, public, private, and non-profit entities. The application deadline is July 5, 2002, and awards will be made on August 5, 2002. The duration of the project is 12 months with final deliverables due on August 5, 2003.

The full RFP and application materials can be found on the TDoA website at: http://www.tdoa.state.tx.us under Announcements, News, and Opportunities/Funding. Questions should be directed to Beth Stalvey at (512) 424-6871 or beth.stalvey@tdoa.state.tx.us.

TRD-200203005

Gary Jessee

Director of the Office of AAA Support and Operations

Texas Department on Aging

Filed: May 15, 2002


Coastal Coordination Council

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

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for these activities extends 30 days from the date published on the Coastal Coordination Council web site. Requests for federal consistency review were received for the following projects(s) during the period of May 3, 2002, through May 9, 2002. The public comment period for these projects will close at 5:00 p.m. on June 14, 2002.

FEDERAL AGENCY ACTIONS:

Applicant: National Energy Group, Inc.; Location: The project is located in Sabine Lake in State Tracts (ST) 1, 5, 6, and 8 in Orange County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled West of Greens Bayou, Texas. Approximate UTM Coordinates: Zone 15; Easting: 417250; Northing: 3314517; Project Descripton: The applicant requests authorization to install 13,857 linear feet of pipeline to support the production of the ST 8 No.1 Well. Both a 6-inch diameter pipleline and an 8-inch diameter pipeline will be installed by jetting at a minimum of 3 feet below the mudline. The pipeline trench will measure 4 feet wide at the top of the trench. At the point where the pipelines traverse the Sabine-Neches Waterway, they will be jetted in at a minimum depth of 15 feet below the authorized project depth of -16 feet mean ground level and the top of the pipe depth will be maintained a distance of 25 feet beyond the authorized channel width of 200 feet on both sides of the channel. The proposed pipeline route will originate at the ST 8 No.1 Well and will terminate at a point on shore where the lines will tie into an existing pipeline. At the point where the pipelines meet the shore, the applicant proposes to place 7.5 cubic yards of riprap to provide bank stabilization. No wetlands or vegetated shallows will be impacted by the proposed activity. CCC Project No.: 02-0124-F1; Type of Application: U.S.A.C.E. permit application #22676 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387). NOTE: The CMP consistency review for this project may be conducted by the Railroad Commission of Texas as part of its certification under §401 of the Clean Water Act.

Applicant: El Paso Production Company; Location: The project is located in the Gulf of Mexico in the High Island and Sabine Pass Areas, State Tracts 14-L and the N/W portion of ST 17-L in Texas State Waters offshore of Texas. The pipeline locations are as follows:

12", 1,809 linear feet to be abandoned offshore - Quad: Sabine Pass UTM's: Easting: 410571; Northing: 3283140

14", 811 linear feet to be abandoned offshore - Quad: Sabine Pass UTM's: Easting: 410583; Northing: 3283383

Pipe Cut to be abandoned - Quad - Port Arthur UTM's: Easting: 425382; Northing: 3275545

Pipe Cut to be abandoned - Quad - Port Arthur UTM's: Easting: 420403; Northing: 3269425

Project Description: The applicant is requesting authorization to abandon portions of a 12-inch and 14-inch pipeline in the Gulf of Mexico due to environmental and safety concerns. The 12-inch and 14-inch pipelines have three active pipelines on top of them. One transports oil and two transport gas. The active lines and the applicant's pipelines are separated by sand/cement bags. It's likely that the bags have attached the active lines to the applicant's lines. The applicant has stated that removal of its pipelines from under the active lines would most likely result in upending the entire crossing, creating a significant safety hazard should the lines rupture. In addition, the applicant is requesting authorization to abandon approximately 120 feet of pipeline under each active line. The applicant also proposes to abandon portions of the 12-inch and 14-inch pipelines at the Gulf of Mexico shoreline, adjacent to the Texas Point National Wildlife Refuge. The applicant has stated that removal of the pipelines at the shoreline would likely result in severe erosion. A 1,809-foot linear segment of a 12-inch line and an 811-foot linear segment of the 14-inch pipeline will remain in place waterward of the shoreline. The proposed abandonment of these pipelines should not result in impacts to the aquatic environment and should decrease the likelihood of an environmental or safety incident. CCC Project No.: 02-0125-F1; Type of Application: U.S.A.C.E. permit application #22688 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403). NOTE: The CMP consistency review for this project may be conducted by the Railroad Commission of Texas as part of its certification under §401 of the Clean Water Act.

FEDERAL AGENCY ACTIVITIES:

Applicant: National Marine Fisheries Service; Project Description: The applicant is proposing a rule to amend the Highly Migratory Species (HMS) regulations associated with charter/headboat operations and require permits for vessels fishing recreationally for HMS.; CCC Project No.: 02-0126-F2; NOTE: The CMP consistency review for this project may be conducted by the Texas Parks & Wildlife Department.

Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Coastal Coordination Council for review.

Further information for the applications listed above may be obtained from Ms. Diane P. Garcia, Council Secretary, Coastal Coordination Council, 1700 North Congress Avenue, Room 617, Austin, Texas 78701-1495, or diane.garcia@glo.state.tx.us. Comments should be sent to Ms. Garcia at the above address or by fax at 512/475-0680.

TRD-200203017

Larry Soward

Chief Clerk, General Land Office

Coastal Coordination Council

Filed: May 15, 2002


Comptroller of Public Accounts

Notice of Intent to Execute Consulting Contract

Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces this notice of intent to enter into a major consulting services contract for provision of technical consulting assistance to the Comptroller in the Medicaid Utilization Records Review and Medicaid Vendor Drug Study portions of the Comptroller's Health Claims Study of State Medicaid Claims and State Employees' Workers' Compensation Health Insurance Programs (Study). The Consultant will provide other related services to the Comptroller in connection with these reviews. Comptroller intends to execute a contract with Ethel Ponson, R.N., B.S.N, 806 Hollybluff Street, Austin, Texas 78753 (Consultant), unless a better offer is received. The proposed contract term is on or about June 24, 2002, through December 31, 2002, and is estimated not-to-exceed $45,000. The Consultant will be required to complete its performance and submit the report or deliverables to the Comptroller on or before December 31, 2002.

Statement of Services: The services to be provided include advising and assisting the Comptroller in the Medicaid records utilization review, as well as the performance of the services associated with the Medicaid Vendor Drug, portions of the Study. The Consultant will provide all other related services to the Comptroller. The Comptroller requires highly specialized consulting expertise and experience for the services to be provided under the proposed Contract. The last formal Request for Proposals (RFP #135a) was issued for these services on January 25, 2002, published in the Texas Register (27 TexReg 640). That RFP was withdrawn by the Comptroller.

Contact: Parties with questions or inquiries should contact William Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, Room-G-24, LBJ State Office Building, 111 East 17th St., Austin, Texas, 78774, telephone number: (512) 936-5854, regarding this notice. The Comptroller will provide further information only to those specifically requesting it. All inquiries and questions must be sent in writing via facsimile to Mr. Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, facsimile number: (512) 475-0973. This is not a procurement opportunity.

The anticipated schedule of events is as follows: Publication of Notice of Intent to Contract - May 24, 2002, after 2:00 p.m. CZT; Contract Execution - June 24, 2002, or as soon thereafter as practical; Commencement of Project Activities - June 24, 2002, or as soon thereafter as practical.

TRD-200203015

William Clay Harris

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: May 15, 2002


Notice of Intent to Execute Consulting Contract

Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces this notice of intent to enter into a minor consulting services contract for provision of technical consulting assistance to the Comptroller in tabulation of survey and focus group comments, as well as preparation of final report appendices, for the management and performance reviews of the North Forest and Donna Independent School Districts (ISD). The Consultant will provide other related services to the Comptroller in connection with these reviews. Comptroller intends to execute a contract with SoCo Consulting, Inc., P.O. Box 160671, Austin, Texas, 78716-0671 (Consultant). The Consultant previously provided consulting services to the Comptroller under a minor consulting services contract for a portion of the management and performance review of the Centerpoint ISD in the amount of $14,950, executed on or about February 25, 2002. The proposed contract term is on or about April 15, 2002, and will not exceed $14,950. The Consultant will be required to complete performance and submit its report or deliverables to the Comptroller on or before August 31, 2002.

Statement of Services: The services to be provided include advising and assisting the Comptroller in the tabulation of survey and focus group comments, as well as preparation of the final report appendices, in connection with the management and performance reviews of the North Forest and Donna ISDs. The Consultant will provide all other related services to the Comptroller. The Comptroller requires highly specialized consulting expertise and experience for the services to be provided under the proposed Contract; the proposed contract, when combined with the services previously provided by the Consultant to the Comptroller under the recent contract, will total approximately $29,900 for all services provided by the Consultant.

Contact: Parties with questions or inquiries should contact William Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, Room-G-24, LBJ State Office Building, 111 East 17th St., Austin, Texas, 78774, telephone number: (512) 936-5854, regarding this notice. The Comptroller will provide further information only to those specifically requesting it. All inquiries and questions must be sent in writing via facsimile to Mr. Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, facsimile number: (512) 475-0973. This is not a procurement opportunity.

The anticipated schedule of events is as follows: Publication of Notice of Intent to Contract - May 24, 2002, after 2:00 p.m. CZT; Contract Execution - April 15, 2002, or as soon thereafter as practical; Commencement of Project Activities - April 25, 2002, or as soon thereafter as practical.

TRD-200203016

William Clay Harris

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: May 15, 2002


Notice of Request for Proposals

Pursuant to Chapter 403, Section 403.011; and Chapters 2155 and 2156, Sections 2155.001, 2155.074 and 2156.121; and Chapter 2157, Sections 2157.001 and 2157.121; and Chapter 2172, Section 2172.003; and Chapter 2176, Sections 2176.104 and 2176.108; and Chapter 2113, Section 2113.103, Texas Government Code; and Title 2, Texas Tax Code, the Comptroller of Public Accounts (Comptroller) announces its Request for Proposals (RFP #134b) for the purpose of obtaining tax form printing and mailing services for the Comptroller. The selected contractor (Contractor) will be expected to provide both printing and mailing of tax forms to all taxpayers statewide and elsewhere on an on-going, as-needed basis, as directed by the Comptroller. The Comptroller prefers to award a single contract pursuant to this RFP, if practical; however, the Comptroller reserves the right to award one or more contracts as a result of the issuance of this RFP. If a contract award is made pursuant to this RFP, the Contractor will be expected to begin performance of the contract(s) on or about August 1, 2002, or as soon thereafter as practical.

Contact: Parties interested in submitting a proposal should contact William Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., Room G-24, Austin, Texas 78774, (512) 305-8673, to obtain a complete copy of the RFP. The Comptroller will mail copies of the RFP only to those parties specifically requesting a copy. The RFP will be available for pick-up at the above referenced address on Friday, May 24, 2002, between 2:00 p.m. and 5:00 p.m. Central Zone Time (CZT), and during normal business hours thereafter. The Comptroller will also make the entire RFP available electronically on the Texas Marketplace after Friday, May 24, 2002, 2:00 p.m. CZT. The new Texas Marketplace website address is http://esbd.tbpc.state.tx.us.

Voluntary Pre-Proposal Conference: All interested firms and persons are notified of a Voluntary, Non-mandatory Pre-Proposal Conference and Tour, beginning at 1:30 p.m., on Friday, June 7, 2002, to be held at the Comptroller's offices in the Lyndon Baines Johnson (LBJ) building, located at 111 E. 17th St., room 212b, Austin, Texas. Attendance at the conference and tour is not mandatory and is not a pre-requisite to submission of a proposal, but is strongly encouraged. The tour will begin immediately following the pre-proposal conference.

Questions and Mandatory Letters of Intent: All written inquiries, questions, and Mandatory Letters of Intent to propose must be received at the above-referenced address not later than 2:00 p.m. (CZT) on Tuesday, June 11, 2002. Prospective proposers are encouraged to fax Mandatory Letters of Intent and Questions to (512) 475-0973 to ensure timely receipt. The Letter of Intent must be addressed to William Clay Harris, Assistant General Counsel, Contracts, and must contain the information as stated in the corresponding section of the RFP and be signed by an official of that entity. On or before Friday, June 14, 2002, the Comptroller expects to post responses to questions as a revision to the Texas Marketplace notice of issuance of this RFP. Mandatory Letters of Intent and Questions received after the deadline will not be considered; respondents shall be solely responsible for ensuring timely receipt of all Mandatory Letters of Intent and Questions. Proposals shall not be accepted from entities failing to submit timely Mandatory Letters of Intent.

Closing Date: Proposals must be delivered to the Office of Assistant General Counsel, Contracts, at the location specified above (ROOM G24) no later than 2:00 p.m. (CZT), on Friday, June 28, 2002. Proposals received in ROOM G24 after this time and date will not be considered; respondents shall be solely responsible for ensuring the timely receipt of their proposals in the Issuing Office, ROOM G-24.

Evaluation Criteria: Proposals will be evaluated under the evaluation criteria outlined in the RFP. The Comptroller will make the final decision on contract award(s), if any. The Comptroller reserves the right to accept or reject any or all proposals submitted. The Comptroller is not obligated to execute a contract on the basis of this notice or the distribution of any RFP. The Comptroller shall not pay for any costs incurred by any entity in responding to this Notice or the RFP.

The anticipated schedule of events pertaining to this solicitation is as follows: Issuance of RFP - May 24, 2002, 2:00 p.m. CZT; Voluntary Pre-Proposal Conference and Tour - 1:30p.m., Friday, June 7, 2002; Mandatory Letters of Intent and Questions Due - June 11, 2002, 2:00 p.m. CZT; Official Responses to Questions posted - June 14, 2002; Proposals Due - June 28, 2002, 2:00 p.m. CZT; Contract Execution - August 1, 2002, or as soon thereafter as practical; Commencement of Work - August 1, 2002, or as soon thereafter as practical. Revisions to this schedule, if any, will be posted as revisions to the Texas Marketplace notice of issuance of this RFP.

TRD-200203014

William Clay Harris

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: May 15, 2002


Office of the Consumer Credit Commissioner

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the period of 05/20/02 - 05/26/02 is 18% for Consumer 1 /Agricultural/Commercial2 /credit thru $250,000.

The weekly ceiling as prescribed by Sections 303.003 and 303.09 for the period of 05/20/02 - 05/26/02 is 18% for Commercial over $250,000.

1 Credit for personal, family or household use.

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

TRD-200202983

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: May 14, 2002


Texas Department of Criminal Justice

Award Notice

Solicitation # 696-FD-2-B013, (Installation of Back Flow Preventor, Clements Unit, Amarillo Texas).

FULL AWARD

Awarded Contractor; L. A. Fuller & Sons, Construction Ltd.

Awarded Amount: $107,800.00

Contract Number: 696-FD-2-3-C0218

TRD-200202860

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: May 8, 2002


Texas Education Agency

Request for Statements of Interest Concerning Virtual Schools Pilot (VSP) Providing Increased Learning Opportunities for Texas Students, 2002-2003

Eligible Participants. The Texas Education Agency (TEA) is requesting statements of interest related to the Virtual Schools Pilot (VSP) under Request for Statements of Interest (RFSOI) #701-02-027 from school districts or shared services arrangements of school districts and/or open-enrollment charter schools that offer electronic courses to local students who are not physically present for all or part of those courses.

Description. The Texas Education Code, Chapter 29, Subchapter Z, §29.903, as established by Senate Bill (SB) 975, 77th Texas Legislature, 2001, calls for the Commissioner of Education to establish a program to examine state policies, requirements, or restrictions impacting districts that offer electronic courses to local students who are not physically present for all or part of those courses. As part of implementing SB 975, districts providing online, electronic courses to students are invited to participate in the VSP program that will provide input to the TEA. The purpose and goals of the VSP program are to gather data that will allow the TEA to make recommendations that enable quality online learning and identify mechanisms for viable state funding of these courses and instructional programs. Data collected throughout the pilot must result in information and recommendations that address these three critical questions:

(1) Does online delivery of courses work educationally?

(2) What is the appropriate level of state funding for online courses?

(3) Can the state sufficiently monitor online courses? (Audit financially, collect/track PEIMS data, assure student assessment is appropriate, reliable, and administered correctly)

Dates of Project. The VSP will be implemented during the 2002-2003 school year(s). Participants should plan for a starting date of no earlier than August 15, 2002, and an ending date of no later than August 31, 2003.

Project Amount. No funding is provided through SB 975. However, restrictions for funding, Foundation School Program state aid, based upon average daily attendance may be waived so that districts may receive up to full funding for students taking online, electronic courses off-campus.

Selection Criteria. Participants will be selected based on the assessment of each participant's ability to carry out all requirements contained in the RFSOI. Selection for participation in the pilot will be assessed based on the overall quality and validity of the proposed pilot program and the extent to which the statement of interest addresses the primary objective(s) and intent of the project. Statements of interest must address each requirement as specified in the RFSOI to be considered for selection. The TEA reserves the right to select from the statements of interest that address all requirements in the RFSOI and that are most advantageous to the project.

The TEA is not obligated to approve a statement of interest, provide funds, or endorse any statement of interest submitted in response to this RFSOI. This RFSOI does not commit TEA to pay any costs before a statement of interest is approved. The issuance of this RFSOI does not obligate TEA to award a grant or pay any costs incurred in preparing a response.

Districts and charter schools participating in the VSP during the 2001-2002 school year must apply under RFSOI #701-02-027 to continue for the 2002-2003 school year. Current VSP participants will receive priority in selection but must be in compliance with the terms and conditions of the current VSP in order to be selected for continuation.

Requesting the Statement of Interest. A complete copy of RFSOI #701-02-027 may be obtained by writing the: Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tea.state.tx.us. Please refer to the RFSOI number and title in your request. Provide your name, complete mailing address, and telephone number including area code. The announcement letter and complete RFSOI will also be posted on the TEA website at http://www.tea.state.tx.us/grant/announcements/grants2.cgi for viewing and downloading.

Further Information. For clarifying information about the RFSOI, contact Anita Givens, Division of Educational Technology, TEA, (512) 463-9400.

Deadline for Receipt of Statements of Interest. Statements of interest must be received in the Document Control Center of the TEA by 5:00 p.m. (Central Time), Thursday, June 27, 2002, to be considered for selection in the pilot program.

TRD-200203025

Cristina De La Fuente-Valadez

Manager, Policy Planning

Texas Education Agency

Filed: May 15, 2002


General Land Office

Notice of Approval of Coastal Boundary Survey - Cameron County, Texas

Pursuant to §33.136 of the Natural Resources Code, notice is hereby given that David Dewhurst, Commissioner of the General Land Office, accepted for filing as Cameron County Art. 33.136 Sketch No. 1, a coastal boundary survey, submitted by Harry M. Warren Jr., a Licensed State Land Surveyor, conducted in November 2000, locating the following shoreline boundary:

The Laguna Madre boundary of Lot 1-A, Lot 1-B and Lot 1-C, Block 167, Padre Beach Section XI, Town of South Padre Island, Cameron County, Texas.

For a copy of this survey or more information on this matter, contact Ben Thomson, Director Survey Division, Texas General Land Office at 512-463-5212

TRD-200203020

Larry Soward

Chief Clerk

General Land Office

Filed: May 15, 2002


Notice of Approval of Coastal Boundary Survey - Nueces County, Texas

Pursuant to §33.136 of the Natural Resources Code, notice is hereby given that David Dewhurst, Commissioner of the General Land Office, accepted for filing as Nueces County Art. 33.136 Sketch No. 1A & 1B a coastal boundary survey, Sheets 1 and 2, submitted by George M. Pyle, a Licensed State Land Surveyor, conducted in February 2002, locating the following shoreline boundary:

Five tracts of state owned upland and submerged lands, comprised of 386.554 acres out of Gulf of Mexico State Tracts 907 and 908, 84.538 acres out of Laguna Madre State Tracts 51, 60 and 61 and 182.675 acres out of those certain tracts of land designated as Tracts 1, 4 and 5 and described in final judgment of the 28th Judicial District Court, Cause No. 115,340-A, Nueces County, Texas. For a copy of this survey or more information on this matter, contact Ben Thomson, Director Survey Division, Texas General Land Office at 512-463-5312.

TRD-200203018

Larry Soward

Chief Clerk

General Land Office

Filed: May 15, 2002


Notice of Approval of Coastal Boundary Survey - Nueces County, Texas

Pursuant to §33.136 of the Texas Natural Resources Code, notice is hereby given that David Dewhurst, Commissioner of the General Land Office, approved a coastal boundary survey, submitted by Elisandro Leos, conducted April 2 - 4, 2002, locating the following shoreline boundary:

Survey in Nueces County, a portion of the shoreline of the Corpus Christi Ship Channel fronting Blocks 290 and 291 of the state land subdivision on Mustang Island.

For a copy of this survey or more information on this matter, contact Ben Thomson, Director of the Survey Division, Texas General Land Office, by phone at 512-463-5212, email ben.thomson@glo.state.tx.us, or fax 512-463-5098.

TRD-200203019

Larry Soward

Chief Clerk

General Land Office

Filed: May 15, 2002


Texas Department of Health

Notice of Request for Proposals for Emergency Medical Services Fiscal Year 2003 Local Projects Grant Program

PURPOSE . The Emergency Medical Services (EMS) Local Projects Grant Program was established in 1990 for the purpose of improving EMS throughout Texas by providing money and technical assistance to eligible organizations. This program is administered by the Bureau of Emergency Management (bureau) of the Texas Department of Health (department). The program provides reimbursement for approved cost incurred for a specific project completed during a specified contract period, September 1, 2002 - August 31, 2003.

DESCRIPTION . The department is accepting proposals for local EMS projects to increase the availability and quality of emergency pre-hospital health care. Applicable projects are those which upon completion, will demonstrate a positive impact on the delivery of emergency pre-hospital health care in the area implemented. Types of projects acceptable for funding include: EMS certification training; specialty training related to pre-hospital health management; EMS equipment; computers for data collection; injury prevention projects; continuing education programs; ambulances; and system development programs.

Contracts will be developed between the department and successful applicants for a specified period of time. The contracts will detail items such as budget, reporting requirements, department general provisions, and any other specifies that might apply to the award. All registered, licensed, or certified organizations as determined by the bureau (e.g. licensed EMS providers, registered first responder organizations) must maintain the appropriate credentials throughout the specified contract period. The grant provides reimbursement for an approved project and associated cost deemed reasonable and necessary and incurred after the award is made and during the stated contract period only. Reimbursement may be withheld and a request for return of funds may be necessary if any of the stated requirements of this grant are not met. The Chief of the Bureau of Financial Services or the department's designee, is the only individual who may legally commit the department to expenditure of public funds. No cost chargeable to the proposed contract may be reimbursed before receipt of a fully executed contract. For EMS certification projects, proof of successful certification must be submitted within 45 days following the end of the contract period. In addition, it will be the responsibility of the grant recipient to maintain a record of all costs and activities related to the administration of the project. Projects must start on or after September 1, 2002, and be completed prior to August 31, 2003.

The average award in 2001-2002 was approximately $12,993 with a range of $775 to $62,963. The maximum grant for a new ambulance will be $35,000.

Matching funds may come from sources such as local funds, private donations, other state grants, federal grants, or private foundations. A soft, or in-kind, matching funds are not acceptable. Matching funds will be required for the following:

Any individual equipment item with a useful life of more than one year and a cost greater than $1,000 (including shipping costs) requires 50% matching funds, with the following exceptions:

(1) Fax machines, stereo equipment, cameras, video recorders/players, computers, software and printers. These items require a 50% match if the individual cost exceeds $500 and the useful life is greater than one year.

(2) Medical laboratory equipment (defined as microscopes, oscilloscopes, centrifuges, balances, and incubators) will require a 50% match if the unit cost exceeds $500.

The maximum grant for a new ambulance will be $35,000. The maximum grant for a computer will be $1,500. The maximum total for this grant will be $50,000 per organization represented.

Any project that involves advanced life support (ALS) will require the signature of a medical director on the application page. ALS projects include, but are not limited to, items such as the purchase of monitor/defibrillator/pacer units, automated external defibrillators, and ALS training.

Any project that involves hosting of an initial certification course or continuing education course will require prior discussion of the potential course with EMS staff at the local public health region office. On-site training requests must indicate the distance to the nearest training facility.

Any project involving the purchase of computers and computer related items, including accessories and software, must be thoroughly described within the proposal. An appropriate description would be "300 MHz Pentium Processor, 64 MG RAM, 6.0 GB hard drive, 56K modem, 24X CD ROM" Also, a similar description of make and model for the printer, monitor, and any software is essential.

The program only provides reimbursement for approved costs associated with the implementation of the approved project. Projects will be funded until funds have been exhausted or preset limits reached. Examples of costs that are not applicable for funding include items such as salaries, fringe benefits, indirect costs, disposable supplies, and day-to-day operating expenses (e.g. fuel, insurance, loan payments, rent, etc.). Land purchases or building funds do not qualify as applicable projects under this program.

Should a project not be completed or the full allocation of funding not be used, the department may redistribute funds at its discretion. The department reserves the right to fund projects at any level considered appropriate, according to the availability of funds and justification for need. Any costs incurred prior to the contract start date (September 1, 2002) will not be eligible for reimbursement.

ELIGIBLE APPLICANTS . Proposals will be accepted from approved EMS organizations responsible for providing pre-hospital emergency care. Organizations must be in good standing with no disciplinary actions other than administrative penalties (not to exceed $1,000 total), for a two-year period immediately preceding submission of LPG request. Organizations that have had actions taken against them by the department may be ineligible for funding. Applicants should contact the appropriate public health region for more information. These organizations include:

licensed EMS providers providing 911 service;

registered first responder organizations. Registered first responder organizations have the proper Bureau first responder paperwork, based on 25 Texas Administrative Code, §157.14 (Requirements for First Responder Organization Registration), entered into the department's network as active no later than deadline date of this application; and

other approved EMS organizations.

Failure to comply with these requirements of the grant constitutes grounds for revocation of any award made as part of the Local Projects Grant Program.

CONTACT . Information concerning the Request for Proposals (RFP) may be obtained from Ed Loomis, Local Project Grants Program, Bureau of Emergency Management, Texas Department of Health, 1100 West 49th Street, Austin Texas 78756, Telephone (512) 834-6700 extension 2376, Fax (512) 834-6611 or Email (ed.loomis@tdh.state.tx.us).

LIMITATIONS . The department reserves the right to reject any or all applications and is not liable for costs incurred by the applicant in the development, submission, or review of the application. Costs incurred in the preparation of the application shall be borne by the applicant and are not allowable in the RFP.

The department reserves the right to alter, amend, or modify any provisions of this RFP, or to withdraw this RFP, at any time prior to the award of a contract pursuant thereto, if in the best interest of the department or the State of Texas to do so. The decision of the department will be administratively final in this regard.

DEADLINE . The deadline for submitting the application, original proposal, applicable forms, plus three copies of each will be midnight, Central Daylight Saving Time, July 12, 2002. Only those original proposals and copies, which are postmarked or received by midnight on or before July 12, 2002, will be reviewed regardless of the circumstances. Applications may be mailed or hand delivered. If delivered by hand, the proposal must be taken to the Exchange Building, Bureau of Emergency Management, 8407 Wall Street, Suite S220, Austin, Texas (by the close of business 5:00 P.M. on July 12, 2002).

The original and one copy of the completed application, applicable forms, and proposal should be submitted to Kathryn C. Perkins, Chief, Attention: Local Projects Grant Program, Bureau of Emergency Management, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3199. Two copies of the completed application, applicable forms, and proposal must also be submitted to your regional department office.

EVALUATION AND SELECTION . Proposals will be reviewed and evaluated based on information provided by the applicant. Eligibility criteria includes:

evaluation of all information in the application;

applicant's Local Project Grants funding history;

the applicant's numerical Local Project Grants application score; and

history of disciplinary actions other than administrative penalties.

Proposals will be reviewed to ensure all budget items requested are applicable and appropriate, that matching funds are available and that implementation of the proposed project is possible. Tentative approval will be given by the Chief of the Bureau of Emergency Management and the Associate Commissioner for Health Care Quality and Standards. Final approval will be given by the Commissioner of Health or the Commissioner's appointed agent. All projects not funded will remain active until the end of the funding cycle for consideration in the event funding becomes available.

The department strongly supports the concept of cooperative applications between multiple providers and/or registered first responder programs, and applications that clearly demonstrate and document regional projects involving multiple service organizations. In the event of a cooperative application between multiple entities being submitted, an itemized proposal must be provided to clearly identify equipment/training allocation. Though not a prerequisite for this grant, the department encourages all applicants to pursue such cooperative agreements. Additionally, preference will be given to proposals that are most economical (i.e. refurbished ambulances will be given preference over new ambulances). For additional information contact the EMS Local Projects Grant Program, 1100 West 49th Street, Austin, Texas 78756, (512) 834-6700, extension 2376.

TRD-200203021

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: May 15, 2002


Texas Health and Human Services Commission

Notice of Rate Hearing

A rate hearing on Reimbursement for Service Coordination for Persons with Mental Retardation or a Related Condition or Pervasive Developmental Disability (MR-MRLA Service Coordination) will be held on June 3, 2002, at 3:30 p.m. in Room 2-164 of the Texas Department of Mental Health and Mental Retardation main Central Office Building located at 909 West 45th Street, Austin, Texas 78751.

Written comments may be submitted to Health and Human Services Commission Medicaid Rate Setting Section, c/o Medicaid Administration, Texas Department of Mental Health and Mental Retardation, P.O. Box 12668, Austin, Texas 78711-2668, or faxed to (512) 206-5693. Hand deliveries will be accepted at 909 West 45th Street, Austin, Texas 78751. Comments must be received by noon on June 3, 2002. Interested parties may obtain a copy of the reimbursement-briefing package by calling the Reimbursement and Analysis Section at (512) 206-5753.

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

Reimbursement for Service Coordination for Persons with Mental Retardation or a Related Condition or Pervasive Developmental Disability (MR-MRLA Service Coordination)

The commission proposes that the following reimbursement per case amount become effective July 1, 2002.

The rate is proposed as follows:

[graphic]

TRD-200202978

Marina S. Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Filed: May 13, 2002


Public Hearing

The Health & Human Services Commission (HHSC) will conduct a public hearing and vendor forum to receive public comment and vendor comment regarding the Request for Proposal (RFP) for the Primary Care Case Management (PCCM) Administrator, issued in Austin, Texas, on May 1, 2002. The hearing will be held on June 12, 2002, at 9:00 a.m. in the Public Hearing Room of the Brown-Heatly State Office Building located at 4900 North Lamar Boulevard, Austin, Texas. Interested parties may obtain a copy of the RFP by downloading a copy of the RFP from the world wide web at http://www.hhsc.state.tx.us/Medicaid/Procure/rfp_index.html. The public is invited to offer comments regarding the RFP at this hearing. HHSC staff will be available to answer questions from interested parties.

TRD-200202970

Marina S. Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Filed: May 13, 2002


Texas Department of Housing and Community Affairs

Comment Period Extended for the PY 2003 Low-Income Energy Efficiency Plan

Notice of Comment Period Extension to May 30, 2002 for the PY 2003 Low-Income Energy Efficiency Plan, funded by the System Benefit Fund

The Texas Department of Housing and Community Affairs (TDHCA) announces that it is extending to the comment period deadline for the draft PY 2003 Low-Income Energy Efficiency Plan. The comment period has been extended from May 16, 2002 to May 30, 2002. A public hearing notice was previously published in the April 26, 2002 issue of the Texas Register , which included the deadline for submitting comments.

Local officials and citizens are encouraged to participate in the public comment process. Comments received will be used to finalize the TDHCA PY 2003 Low-Income Energy Efficiency Plan. Written comments may be provided by the close of business at 5:00 p.m. on Thursday, May 30, 2002, to Ms. Lolly Caballero, Senior Planner, Energy Assistance Section, Texas Department of Housing and Community Affairs, 507 Sabine, Suite 600, Austin, Texas 78701 or by electronic mail to lcaballe@tdhca.state.tx.us or by fax to (512) 475-3935. A copy of the proposed state plan may be requested by calling Ms. Caballero at (512) 475-0471 or by writing Ms. Caballero at the TDHCA address given above. The proposed draft plan is also available through TDHCA’s world wide web site at http://www.tdhca.state.tx.us/ea.htm.

TRD-200203027

Edwina P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: May 15, 2002


Texas Department of Insurance

Company Licensing

Application for admission to the State of Texas by ACADIA INSURANCE COMPANY, a foreign Fire and/or Casualty Company. The home office is in Westbrook, Maine.

Application for admission to the State of Texas by STONEBRIDGE CASUALTY INSURANCE COMPANY, a foreign Fire and/or Casualty Company. The home office is in Columbus, Ohio.

Application for incorporation to the State of Texas by HEARTLAND SECURITY INSURANCE COMPANY, a domestic Fire and/or Casualty Company. The home office is in Tyler, Texas.

Application for Certificate of Authority in the State of Texas by PSO HEALTH SERVICES L.L.C. under the assumed name PHYSICIANS HEALTH CHOICE, a Provider Sponsored Organization. The home office is in San Antonio, Texas.

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

TRD-200203013

Lynda Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: May 15, 2002


Texas Lottery Commission

Instant Game Number 255 "Two Much Fun"

1.0 Name and Style of Game.

A. The name of Instant Game No. 255 is "TWO MUCH FUN". The play style is a "tic-tac-toe with bonus".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 255 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 255.

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

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

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $200, $20,000, 1, 2, 3, 4, 5, 6, 7, 8, 9.

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

Table 1

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

Table 2

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

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

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

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

I. High-Tier Prize - A prize of $20,000.

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

K. Pack-Ticket Number - A thirteen (13) digit number consisting of the three (3) digit game number (255), a seven (7) digit pack number and a three (3) digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be : 255-0000001-000.

L. Pack - A pack of "TWO MUCH FUN" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of two (2). Tickets 000-001 will be on the top page. The backs of tickets 248 and 249 will expose the pack-ticket number through the shrink-wrap. Every other book will be opposite.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "TWO MUCH FUN" Instant Game No. 255 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "TWO MUCH FUN" Instant Game is determined once the latex on the ticket is scratched off to expose 20 (twenty) play symbols. If the player finds three like numbers (1, 3, 4, 5, 6, 7, 8, or 9) anywhere within each game, the player will win the prize. If the player finds three 2's anywhere within each game the player will win double the prize. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 20 (twenty) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have exactly 20 (twenty) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

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

16. Each of the 20 (twenty) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 20 (twenty) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

A. Consecutive non-winning tickets within a book will not have identical patterns.

B. No ticket will contain more than 2 pairs of like Play symbols within each game.

C. No ticket will have four (4) or more like Play Symbols within each game.

D. No ticket will contain two (2) sets of three (3) like Play symbols within each game.

E. Winning tickets will be distributed over Game 1 and Game 2 as dictated by the prize structure.

F. Non-winning tickets will never have three (3) like Play symbols within each game.

G. Tickets that win double the prize will have three (3) "2" Play symbols and win as per the prize structure.

H. The "2" play symbol can appear on non-winning tickets and single winning tickets.

I. No more than two "2"play symbols can appear on a non-winning ticket.

2.3 Procedure for Claiming Prizes.

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

B. To claim a "TWO MUCH FUN" Instant Game prize of $20,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "TWO MUCH FUN" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "TWO MUCH FUN" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated therefor, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated therefor, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated therefor. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 12,358,250 tickets in the Instant Game No. 255. The approximate number and value of prizes in the game are as follows:

Table 3

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 255 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 255, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200202992

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: May 14, 2002


Instant Game Number 288 "$30,000 Grand Prize"

1.0 Name and Style of Game.

A. The name of Instant Game No. 288 is "$30,000 GRAND PRIZE!". The play style is "key number match with 5X win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 288 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 288.

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

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

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 5X, $1.00, $2.00, $3.00, $5.00, $10.00, $20.00, $25.00, $100, $500, and $30,000.

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

Table 1

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

Table 2

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

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

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

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

I. High-Tier Prize - A prize of $30,000.

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

K. Pack-Ticket Number - A twenty-two (22) digit number consisting of the three (3) digit game number (288), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be: 288-0000001-000.

L. Pack - A pack of "$30,000 GRAND PRIZE!" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of two (2). Tickets 000 to 001 are on the top page, tickets 002 to 003 are on the next page, and so forth and tickets 248 to 249 on the last page. Please note the books will be in an A-B configuration.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "$30,000 GRAND PRIZE!" Instant Game No. 288 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "$30,000 GRAND PRIZE!" Instant Game is determined once the latex on the ticket is scratched off to expose 22 (twenty-two) play symbols. If the player matched any of the YOUR NUMBERS to either WINNING NUMBER, the player will win the prize shown for that number. If the player gets a 5X symbol under YOUR NUMBERS, the player will win five times the prize shown automatically. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

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

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2.2 Programmed Game Parameters.

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

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

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

D. Each Winning Number location will be approximately evenly used as the basis for a match.

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

F. The 5X play symbol will appear only on intended winning tickets as dictated by the prize structure.

G. The 5X play symbol will never appear more than once on a ticket.

2.3 Procedure for Claiming Prizes.

A. To claim a "$30,000 GRAND PRIZE!" Instant Game prize of $2.00, $3.00, $5.00, $7.00, $10.00, $15.00, $20.00, $25.00, $30.00, $50.00, $75.00, $100, or $500 a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00, $75.00, $100, or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "$30,000 GRAND PRIZE!" Instant Game prize of $30,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "$30,000 GRAND PRIZE!" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "$30,000 GRAND PRIZE!" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "$30,000 GRAND PRIZE!" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated therefor, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated therefor, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated therefor. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 12,039,250 tickets in the Instant Game No. 288. The approximate number and value of prizes in the game are as follows:

Table 3

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 288 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 288, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200202996

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: May 14, 2002


Texas Natural Resource Conservation Commission

Enforcement Orders

An order was entered regarding Odeeco. Inc., Docket No. 2002-0544-AIR-E on May 8, 2002.

Information concerning any aspect of this order may be obtained by contacting Kelly Mego, Staff Attorney at (713)422-8916, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-200203011

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: May 15, 2002


Notice of Application and Preliminary Decision for Hazardous Waste Compliance Plan

For the Period of May 14, 2002

Application

APPLICATION PHILIP RECLAMATION SERVICES, HOUSTON, INC. a commercial hazardous waste management storage/processing facility has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a compliance plan to authorize and require the company to monitor the concentration of hazardous constituents in groundwater. The facility is located at 4050 Homestead Road in Houston, Harris, County, Texas. This application was submitted to the TNRCC on December 28, 1999.

The TNRCC executive director has completed the technical review of the application and prepared a draft compliance plan. The draft compliance plan, if approved, would establish the conditions under which the facility must operate. The executive director has made a preliminary decision that this compliance plan, if issued, meet all statutory and regulatory requirements. The compliance plan application, executive director's preliminary decision, and draft compliance plan are available for viewing and copying at the Houston Central Library, located at 500 McKinney, Houston, Harris County, Texas.

PUBLIC COMMENT / PUBLIC MEETING. You may submit public comments or request a public meeting about this application. The purpose of a public meeting is to provide the opportunity to submit comments or to ask questions about the application. Generally, the TNRCC will hold a public meeting if the executive director determines that there is a significant degree of public interest in the application if requested in writing by an affected person, or if requested by a local legislator. A public meeting is not a contested case hearing.

Written public comments and requests for a public meeting must be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, TX 78711-3087 within 45 days from the date of newspaper publication of this notice.

OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for public comments, the executive director will consider the comments and prepare a response to all relevant and material or significant public comments. The response to comments, along with the executive director's decision on the application, will be mailed to everyone who submitted public comments or is on the mailing list for this application. If comments are received, the mailing will also provide instructions for requesting a contested case hearing or reconsideration of the executive director's decision. A contested case hearing is a legal proceeding similar to a civil trial in a state district court.

A contested case hearing will only be granted based on disputed issues of fact that are relevant and material to the Commission's decision on the application. Further, the Commission will only grant a hearing on issues that were raised during the public comment period and not withdrawn. Issues that are not raised in public comment may not be considered during a hearing.

EXECUTIVE DIRECTOR ACTION. The executive director may issue final approval of the application unless a timely contested case hearing request or request for reconsideration is filed. If a timely hearing request or request for reconsideration is filed, the executive director will not issue final approval of the [permit/compliance plan] and will forward the application and requests to the TNRCC Commissioners for their consideration at a scheduled Commission meeting.

MAILING LIST. In addition to submitting public comments, you may ask to be placed on a mailing list to receive future public notices mailed by the Office of the Chief Clerk. You may request to be added to: (1) the mailing list for this specific application; (2) the permanent mailing list for a specific applicant name and permit number; and/or (3) the permanent mailing list for a specific county. Clearly specify which mailing list(s) to which you wish to be added and send your request to the TNRCC Office of the Chief Clerk at the address below. Unless you otherwise specify, you will be included only on the mailing list for this specific application.

INFORMATION. If you need more information about this permit application or the permitting process, please call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TNRCC can be found at our web site at www.tnrcc.state.tx.us.

Further information may also be obtained from Philip Reclamation Services, Houston, Inc., at the address stated above or by calling Mr. Jim Renfroe at (713) 674-2406

TRD-200203009

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: May 15, 2002


Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Default Order (DO). The TNRCC staff proposes a DO when the staff has sent an Executive Director's Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance, and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of TNRCC pursuant to Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is June 24, 2002 . The TNRCC will consider any written comments received and TNRCC may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate a proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within TNRCC's jurisdiction, or TNRCC's orders and permits issued pursuant to TNRCC's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of the proposed DO is available for public inspection at both TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about the DO should be sent to the attorney designated for the DO at TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on June 24, 2002 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the DO and/or the comment procedure at the listed phone numbers; however, comments on the DO should be submitted to the TNRCC in writing .

(1) COMPANY: Lee Ward dba Ward's Trucking; DOCKET NUMBER: 2001-1101-MSW-E; TNRCC ID NUMBER: none; LOCATION: 2605 Castanada Street, Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: waste hauling; RULES VIOLATED: 30 TAC §330.5(a)(1) and §330.32(b), and TWC, §26.121, by failing to prevent the discharge of municipal solid waste into or adjacent to waters in the state by depositing municipal solid waste at an unauthorized facility; PENALTY: $1,000; STAFF ATTORNEY: Alfred Okpohworho, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Forth Worth, Texas 76118-6951, (817) 588-5800.

TRD-200202994

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: May 14, 2002


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

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is June 24, 2002 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within TNRCC's orders and permits issued pursuant to TNRCC's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about an AO should be sent to the attorney designated for the AO at TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on June 24, 2002 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, §7.075 provides that comments on an AO should be submitted to TNRCC in writing .

(1) COMPANY: George Ted DeVries dba DeVries Dairy; DOCKET NUMBER: 2001-0791- AGR-E; TNRCC ID NUMBER: 16480-1; LOCATION: 1860 County Road 241, Dublin, Erath County, Texas; TYPE OF FACILITY: dairy; RULES VIOLATED: 30 TAC §321.39(f)(19)(A), §305.125(l) and (5), and TWC, §26.121(a), and TNRCC Water Quality Permit Number 03061, Special Provision 6 and Standard Provision (f), by failing to prevent the discharge of irrigated wastewater from the facility into or adjacent to any water in the state; 30 TAC §321.42(a) and §305.125(1), and TNRCC Water Quality Permit Number 03061, Standard Provisions (b) and (f), by failing to report the wastewater discharge that occurred and the related information required; PENALTY: $4,375; STAFF ATTORNEY: Robin Chapman, Litigation Division, MC 175, (512) 239-0497; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Forth Worth, Texas 76118-6951, (817) 588- 5800.

(2) COMPANY: Phillips Petroleum Company and J. M. Huber Corporation; DOCKET NUMBER: 2001-0655-AIR-E; TNRCC ID NUMBER: HW-0017-R; LOCATION: approximately one mile east of Borger, Hutchinson County, Texas; TYPE OF FACILITY: carbon black facility; RULES VIOLATED: none; the proposed order would terminate an order of the Texas Air Control Board effective May 28, 1969 in the matter of Phillips Petroleum Company and J. M. Huber Corporation under the authority of Texas Health and Safety Code, Chapter 382; PENALTY: $0; STAFF ATTORNEY: Gitanjali Yadav, Litigation Division, MC 175, (512) 239-2029; REGIONAL OFFICE: Amarillo Regional Office, 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(3) COMPANY: Richard Crane dba Rick's by the Park; DOCKET NUMBER: 2000-1125-PST-E; TNRCC ID NUMBER: 0064891; LOCATION: 2603 West Sublett, Arlington, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.49(a) and TWC, §26.3475, by failing to install corrosion protection on the underground storage tank system; PENALTY: $2,500; STAFF ATTORNEY: Elisa Roberts, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Forth Worth, Texas 76118-6951, (817) 588-5800.

TRD-200202993

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: May 14, 2002


Notice of Public Hearing by the Texas Natural Resource Conservation Commission on Proposed Revisions to 30 TAC Chapter 116 and to the State Implementation Plan (SIP)

The Texas Natural Resource Conservation Commission (commission) will conduct a public hearing to receive comments regarding revisions to 30 TAC Chapter 116 and to the SIP under the requirements of Texas Health and Safety Code, §382.017; Texas Government Code, Subchapter B, Chapter 2001; and 40 Code of Federal Regulations, §51.102, of the United States Environmental Protection Agency (EPA) regulations concerning SIPs. The commission proposes amendments to §§116.10, 116.111, 116.115, 116.311, 116.615, 116.711, and 116.715; and also proposes new §§116.315, 116.778, 116.803, and 116.919. The amendments and new sections to Chapter 116 are proposed as revisions to the SIP.

The proposed rulemaking would allow the option for air emissions resulting from routine maintenance, start-up, or shutdown of a facility to be authorized as allowable emissions in a new source review (NSR) permit. For new and modified sources, the additional allowable emissions would be counted when determining the need for nonattainment (NA) or prevention of significant deterioration (PSD) review. For existing sources, the additional allowable emissions would not be counted toward NA or PSD review but would remain subject to existing SIP rules, including minimization of emissions, and would be counted toward determining if a facility is a major source and required to obtain a federal operating permit.

Additionally, the proposed rulemaking would require that emissions from dockside vessels resulting from operations at land-based facilities be authorized in NSR permits; clarify permit renewal application content requirements; implement the provision of House Bill (HB) 3040, 77th Legislature, 2001 by prohibiting the commission from considering effects of non-criteria pollutants over coastal waters for shipyards; and implement portions of HB 2912, 77th Legislature, 2001 regarding new compliance history evaluation requirements for permit renewals.

The commission will hold a public hearing on this proposal in Austin on June 10, 2002 at 2:00 p.m., Texas Natural Resource Conservation Commission complex, Building F, Room 2210, 12100 Park 35 Circle. The hearing will be structured for the receipt of oral or written comments by interested persons. Registration will begin 30 minutes prior to the hearing. Individuals may present oral statements when called upon in order of registration. A four-minute time limit may be established at the hearing to assure that enough time is allowed for every interested person to speak. There will be no open discussion during the hearing; however, commission staff members will be available to discuss the proposal 30 minutes before the hearing and will answer questions before and after the hearing.

Persons planning to attend the hearing who have special communication or other accommodation needs, should contact the Office of Environmental Policy, Analysis, and Assessment at (512) 239-4900. Requests should be made as far in advance as possible.

Comments may be submitted to Joyce Spencer, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087; or by fax at (512) 239- 4808. All comments should reference Rule Log Number 2001-043-116-AI. Comments must be received by 5:00 p.m. on June 10, 2002. For further information, please contact Beecher Cameron, Air Permits Division, at (512) 239-1495 or Jill Burditt, Policy and Regulations Division, at (512) 239-0560.

TRD-200202922

Stephanie Bergeron

Division Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: May 10, 2002


Notice of Water Quality Applications

The following notices were issued during the period of April 3, 2002 through April 30, 2002.

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

THE ACME BRICK COMPANY which operates Sewell Pit, a clay mining site, has applied for a renewal of TPDES Permit No. 03840, which authorizes the draft permit authorizes the discharge of mine pit water and storm water runoff on an intermittent and flow variable basis via Outfall 001. The facility is located adjacent to the north side of Farm-to-Market Road (FM) 2181 and approximately 1.7 miles west of the intersection of FM 2181 and Interstate Highway 35E near the City of Corinth, Denton County, Texas.

THE ACME BRICK COMPANY which operates the Harbert Pit, a clay mining site, has applied for a renewal of TPDES Permit No. 03844, which authorizes the discharge of mine pit water and storm water runoff on an intermittent and flow variable basis via Outfall 001. The facility is located adjacent to the south side of the U.S. Highway 380 immediately west of the intersection of U.S. Highways 380 and 377 near the City of Crossroads, Denton County, Texas.

CITY OF ATHENS has applied for a renewal of Permit No. 10143-001, which authorizes the discharge of treated domestic wastewater an annual average flow not to exceed 1,027,000 gallons per day. The facility is located east of Onemile Creek and approximately 3,100 feet northwest of the intersection of Prairieville Street and State Highway 19 in Henderson County, Texas.

CITY OF BUDA AND GUADALUPE-BLANCO RIVER AUTHORITY has applied for a renewal of TPDES Permit No. 11060-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 600,000 gallons per day. The facility is located approximately 1900 feet north of the northernmost intersection of Loop 4 and the Missouri Pacific Railroad on the east bank of Onion Creek in Hays County, Texas.

CHAMP'S WATER COMPANY has applied for a renewal of TPDES Permit No. 11005-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 280,000 gallons per day. The facility is located southwest of the intersection of Bonazzi Boulevard and Stallings Drive, approximately 3,750 feet west of West Montgomery Road, 11 miles northwest of the City of Houston central business district and 2.9 miles west of Interstate Highway 45 in Harris County, Texas.

CITY OF GONZALES has applied for a renewal of TPDES Permit No. 10488-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,500,000 gallons per day. The facility is located at the confluence of the Guadalupe River and Tinsley Creek, approximately 4,000 feet east of U.S. Highway 183, and approximately 5,000 feet south of U.S. Highway 90-A in Gonzales County, Texas.

LETOURNEAU INC. has applied for a renewal of an existing wastewater permit. The applicant has an existing Texas Natural Resource Conservation Commission (TNRCC) Permit No. 01603, which authorizes the discharge of contact and noncontact cooling water, parts/equipment washdown water, and stormwater runoff on an intermittent and flow variable basis via Outfall 001. The applicant operates a heavy equipment manufacturing plant. The plant site is located at 2400 S. McArthur Blvd., approximately 0.25 mile northwest of the intersection of Estes Parkway and Farm-to-Market Road 1845 and approximately 0.75 mile north of Interstate Highway 20 in the southwestern portion of the City of Longview in Gregg County, Texas.

BEN THOMAS MAHONEY AND MICHAEL GARTH MAHONEY has applied for a renewal of Permit No. 13888-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 200,000 gallons per day. The facility is located approximately 4750 feet west southwest from the intersection of U.S. Route 190 an Farm-to-Market 2776 in Brazos County, Texas.

CITY OF NEW WAVERLY has applied for a renewal of the TPDES Permit No. 11020-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 88,000 gallons per day. The facility is located on the west bank of the Chicken Creek, approximately 1,600 feet south of the intersection of the Chicken Creek to State Highway 150 in Walker County, Texas.

PAPER CHEMICALS, INC. which operates a plant which produces antifoaming agents used in the paper industry, has applied for a renewal of TPDES Permit No. 02955, which authorizesthe discharge of non-contact cooling water (intermittent flow) at a daily average flow not to exceed 4000 gallons per day via Outfall 001. The facility is located at 3901 Terry Street, one-third of a mile east of Loop 151 (U.S. Highway 59) and two-thirds of a mile south of U.S. Highway 67 in the City of Texarkana, Bowie County, Texas.

CITY OF PITTSBURG has applied for a renewal of TNRCC Permit No. 10250-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 970,000 gallons per day. The plant site is located on Sparks Branch between Farm-to-Market Road 557 and State Highway 11, approximately one mile east of the intersection of State Highway Loop 271 and Farm-to-Market Road 557 and 1500 feet north of Farm-to-Market Road 557 in Camp County, Texas.

CITY OF RHOME has applied for a renewal of TPDES Permit No. 10701-002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 150,000 gallons per day. The facility is located approximately 150 feet east of the intersection of County Road 4651 and Oates Branch in Wise County, Texas.

CITY OF ROCKPORT has applied for a renewal of TPDES Permit No. 10054-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,500,000 gallons per day. The current permit also authorizes the disposal of treated domestic wastewater via irrigation of 200 acres of the Rockport Country Club Golf Course. The facility is located on the west side of Farm-to-Market Road 2165, approximately 1,200 feet south of the intersection of Farm-to-Market Road 2165 and Enterprise Boulevard in Aransas County, Texas. The disposal site is located at the Rockport Country Club Golf Course along Farm-to-Market Road 2165 in Aransas County, Texas.

SOUTHERN CLAY PRODUCTS, INC. has applied for a renewal of an existing wastewater permit. The applicant has an existing National Pollutant Discharge Elimination System (NPDES) Permit No. TX0057274 and an existing Texas Natural Resource Conservation Commission (TNRCC) Permit No. 01925. The draft permit authorizes the discharge of stormwater and groundwater at a daily maximum flow not to exceed 0.30 million gallons per day via Outfall 001, and the discharge of stormwater and groundwater at a daily maximum flow not to exceed 0.30 million gallons per day via Outfall 002. The plant site is located six miles south-southeast of the City of Gonzales and 1/4 mile west of U.S. Highway 90A in Gonzales County, Texas.

TRAIL OF THE LAKES MUNICIPAL UTILITY DISTRICT has applied for a major amendment to TPDES Permit No. 11901-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 600,000 gallons per day to an annual average flow not to exceed 1,520,000 gallons per day. The facility is located approximately 6,500 feet south and 150 feet east of the intersection of Woodland Hills Drive and Atascocita Road in Harris County, Texas.

WILLIAMSBURG REGIONAL SEWAGE AUTHORITY has applied for a renewal of TPDES Permit No. 11598-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,000,000 gallons per day. The facility is located at 22823 Franz Road, approximately 5,000 feet west and 5,600 feet north of the intersection of Interstate Highway 10 and Mason Road in Harris County, Texas.

Written comments or requests for a public meeting may be submitted to the Office of the Chief Clerk, at the address provided in the information section above, WITHIN 30 DAYS OF THE ISSUED DATE OF THIS NOTICE

The Texas Natural Resource Conservation Commission has initiated a minor amendment of the TPDES permit No. 11943-001 issued to HOPE CENTER YOUTH & FAMILY SERVICES to authorize the addition of a groundwater monitoring plan to the other requirements section of the permit. The existing permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 5,100 gallons per day. The plant site is located approximately 2,000 feet southeast of Kickapoo Creek, approximately 5,800 feet downstream of the confluence of Kickapoo Creek and Steam Mill Creek and 9 miles southeast of the City of Groveton in Trinity County, Texas.

REYNOLDS METAL COMPANY has applied for a minor amendment to Permit No. 03966 to authorize the addition of soil conditions to bauxite-tailings prior to having sludge applied to facilitate greater utilization of the nutrient value of the sludge. The existing permit authorizes the land application of sewer sludge for beneficial use on 457 acres. The facility is located on the south side of State Highway 361 adjacent to its intersection with State Highway 35, approximately one mile southeast of the City of Gregory, in San Patricio County, Texas.

TRD-200203010

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: May 15, 2002


Request for Comments on the 2002 Integrated Water Quality Monitoring and Assessment Report formally the Clean Water Act (CWA) §305(b) Water Quality Inventory and §303(d) List of Impaired Water Bodies

The Texas Natural Resource Conservation Commission (TNRCC or commission) announces the availability of the draft 2002 Integrated Water Quality Monitoring and Assessment Report (formally the Clean Water Act (CWA) §305(b) Water Quality Inventory and §303(d) List of Impaired Water Bodies). The Integrated Report is a summary of the status of surface waters in the state, in accordance with new draft guidance issued by the United States Environmental Protection Agency (EPA). The Integrated Report is used by the commission for management decisions including monitoring, planning, and implementing; for funding best management practices to control pollution sources; and to develop a list of impaired waters for the purpose of selecting water bodies for which total maximum daily load analyses will be initiated.

Local residents, interest groups, or other organizations may have knowledge to submit specific problems, programs, or conditions unknown to commission staff that should be considered for inclusion in the Integrated Report. Submittals may also include information regarding the categorization of individual water bodies and the proposed action resulting from placement in a particular category. Additional information may result in a change in the use-attainment status of a water body and removal from a particular category. It may also provide a change in priority for management actions such as monitoring or implementation of best management practices.

Beginning June 3, and continuing through July 2, 2002, the draft Integrated Report will be published on the TNRCC website at http://www.tnrcc.state.tx.us/water/quality/data/wqm/index.html . After the 30-day public comment period, the commission will evaluate all additional data or information received. If any additional data or information submitted influences the draft Integrated Report in one of the ways previously listed, this will be reflected in the final 2002 Integrated Report that will be sent to the EPA for approval on October 1, 2002.

Comments on the draft 2002 Integrated Report may be sent to Patrick Roques, Monitoring Operations Division, MC- 165, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. For overnight mail packages, send to Patrick Roques, Monitoring Operations Division, Texas Natural Resource Conservation Commission, 12100 Park 35 Circle, Bldg. F, Austin, Texas 78753. Comments may also be faxed to 512-239-4420, or emailed to 303d@tnrcc.state.tx.us. Comments must be received by 5:00 p.m. on July 2, 2002. Information must be submitted in writing and cannot be accepted by phone. The commission's responses to all comments will be summarized and published on our website in October, 2002.

TRD-200202987

Stephanie Bergeron

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: May 14, 2002


State Superfund Registry

The Texas Natural Resource Conservation Commission (TNRCC or commission) is required under the Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361 (the Act) to identify, to the extent feasible, and evaluate facilities which may constitute an imminent and substantial endangerment to public health and safety or to the environment due to a release or threatened release of hazardous substances into the environment. The first registry identifying these sites was published in the Texas Register on January 16, 1987 (12 TexReg 205). Pursuant to the Act, §361.181, the commission must update the registry (state Superfund registry) annually to add new facilities in accordance with the Act, §361.184(a) and §361.188(a)(1) (see also 30 TAC §335.343) or to delete facilities in accordance with the Act, §361.189 (see also the Act, §361.183(a) and 30 TAC §335.344). The current notice also includes facilities where state Superfund action has ended, or where cleanup is being adequately addressed by other means.

Pursuant to the Act, §361.188, the state Superfund registry has identified the following facilities that have been determined to pose an imminent and substantial endangerment in descending order of hazard ranking system (HRS) scores.

1.) Col-Tex Refinery. Located on both sides of Business Interstate 20 (U.S. 80) in Colorado City, Mitchell County: tank farm and refinery.

2.) Precision Machine and Supply. Located at 500 West Olive Street, Odessa, Ector County: chrome plating and machine shop.

3.) Sonics International, Inc. Located north of Farm Road 101, approximately two miles west of Ranger, Eastland County: industrial waste injection wells.

4.) Maintech International. Located at 8300 Old Ferry Road, Port Arthur, Jefferson County: chemical cleaning and equipment hydroblasting.

5.) Federated Metals. Located at 9200 Market Street, Houston, Harris County: magnesium dross/sludge disposal, inactive landfill.

6.) Gulf Metals Industries. Located on Telean Street, northeast of the intersection of Mykawa Road and Almeda-Genoa Road, Houston, Harris County: disposal of hazardous materials.

7.) Texas American Oil. Located approximately three miles north of Midlothian on Old State Highway 67, Ellis County: waste oil recycling.

8.) Niagara Chemical. Located west of the intersection of Commerce Street and Adams Avenue, Harlingen, Cameron County: pesticide formulation.

9.) International Creosoting. Located at 1110 Pine Street, Beaumont, Jefferson County: wood treatment.

10.) McBay Oil & Gas. Located approximately three miles northwest of Grapeland on Farm Road 1272, Houston County: oil refinery and oil reclamation plant.

11.) Toups. Located on the west side of Texas 326, 2.1 miles north of its intersection with Texas 105, in Sour Lake, Hardin County: fencepost treating facility and municipal waste.

12.) Harris Sand Pits. Located at 23340 South Texas 16, approximately 10.5 miles south of San Antonio at Von Ormy, Bexar County: commercial sand and clay pit.

13.) JCS Company. Located north of Phalba on County Road 2415, approximately 1.5 miles west of the intersection of County Road 2403 and Texas 198, Van Zandt County: lead-acid battery recycling.

14.) Jerrell B. Thompson Battery. Located north of Phalba on County Road 2410, approximately one mile north of the intersection of County Road 2410 and Texas 198, Van Zandt County: lead-acid battery recycling.

15.) Aztec Ceramics. Located at 4735 Emil Road, San Antonio, Bexar County: tile manufacturing.

16.) Hayes-Sammons Warehouse. Located at Miller Avenue and East Eighth Street, Mission, Hidalgo County: commercial grade pesticide storage.

17.) Jensen Drive Scrap. Located at 3603 Jensen Drive, Houston, Harris County: scrap salvage.

18.) Baldwin Waste Oil Company. Located on County Road 44 approximately 0.1 mile west of its intersection with Farm Road 1889, Robstown, Nueces County: waste oil processing.

19.) Hall Street. Located north of intersection of 20th Street East with California Street, north of Dickinson, Galveston County: waste disposal and landfill/open field dumping.

20.) Unnamed Plating. 6816-6824 Industrial Avenue, El Paso, El Paso County: metals processing and recovery.

21.) Tricon America, Inc., 101 East Hampton Road, Crowley, Tarrant County: aluminum and zinc smelting and casting.

Pursuant to the Act, §361.184(a), those facilities that may pose an imminent and substantial endangerment, and which have been proposed to the state Superfund registry, are set out in descending order of HRS scores as follows:

1.) Kingsland. Located in the vicinity of the 2100 block of Farm-to-Market Road 1431 and in the vicinity of the 2400 block of Farm-to-Market Road 1431, in the community of Kingsland, Llano County: two groundwater plumes.

2.) First Quality Cylinders. Located at 931 West Laurel Street, San Antonio, Bexar County: aircraft cylinder rebuilder.

3.) J. C. Pennco Waste Oil Service. Located at 4927 Higdon Road, San Antonio, Bexar County: waste oil and used drum recycler.

4.) ArChem/Thames Chelsea. Located at 13103 Conklin Lane, Houston, Harris County: chemical manufacturing and recycling.

5.) Crim-Hammett. Located at 801 Highway 64, Henderson, Rusk County: open pit dumping, buried waste.

6). Phipps Plating. Located at 305 East Grayson Street, San Antonio, Bexar County: metal plating.

7). Harkey Road. Located at 17111 Harkey Road, Pearland, Brazoria County: residential area contaminated from waste material used for fill.

8.) Pioneer Oil and Refining Company. Located 20280 South Payne Road, outside of Somerset, Bexar County: oil refinery.

9). Voda Petroleum Inc. Located at 211 Duncan Street, Clarksville City, Gregg County: waste oil recycling facility

10.) Force Road Oil and Vacuum Truck Company. Located at 1722 County Road 573 (Alloy Road), approximately 1,300 feet east of the Brazoria - Fort Bend County Line, Brazoria County: oily wastewater disposal and oil recovery facility.

11). Higgins Wood Preserving. Located inside the bordering streets of North Timberland Drive (U.S. 59) on the west, Warren Street on the east, and Paul Avenue on the north, Lufkin, Angelina County: wood treatment.

12.) Marshall Wood Preserving. Located at 2700 West Houston Street, Marshall, Harrison County: wood treatment.

13.) Avinger Development Company (ADCO). Located on the south side of Texas 155, approximately 1/4 mile east of the intersection with Texas 49, Avinger, Cass County: wood treatment.

14). Old Lufkin Creosoting. Located at 1411 East Lufkin Avenue, Lufkin, Angelina County: wood treatment.

15). Materials Recovery Enterprises. Located about four miles southwest of Ovalo, near U.S. 83 and Farm Road 604, Taylor County: Class I industrial solid waste disposal site.

16.) Harvey Industries, Inc. Located southeast corner of Farm Road 2495 and Texas 31 (One Curtis Mathes Drive), Athens, Henderson County: television cabinets and circuit board manufacturing.

17.) Hu-Mar Chemicals. Located north of McGothlin Road, between the old Southern Pacific Railroad tracks and 12th Street., Palacios, Matagorda County: pesticide and herbicide formulation.

18.) American Zinc. Located approximately 3.5 miles north of Dumas on U.S. 287 and five miles east on Farm Road 119, Moore County: zinc smelter.

19). El Paso Plating Works. Located at 2422 Wyoming Avenue, El Paso, El Paso County: metal plating.

20). Spector Salvage Yard. Located at Jackson Avenue and Tenth Street, Orange, Orange County: military surplus and chemical salvage yard.

21). State Highway 123 PCE Plume. Located near the intersection of State Highway 123 and Interstate Highway 35 (IH-35) in San Marcos, Hays County: contaminated groundwater plume from unknown source.

22). Kingsbury Metal Finishing, Inc. Located at 1720 Farm-to-Market Road 1104, Kingsbury, Guadalupe County: electroplating facility.

23). Tucker Oil Refinery/Clinton Manages Oil & Refining Company. Located east side of U.S. Highway 79 in the rural community of Tucker, Anderson County: oil refinery.

24). Sampson Horrice. Located at 2000 and 2006 Plainfield Drive, Dallas, Dallas County: inactive gravel pit landfill that illegally accepted hazardous and solid waste.

25). Barlow's Wills Point Plating. Located on the south side of U.S. 80, approximately 3.4 miles east of its intersection with Texas 64, in Wills Point, Van Zandt County: inactive electroplating.

26). McNabb Flying Service. Located 1.5 miles northwest of Alvin, approximately one mile east of State Highway 6, at the intersection of Brazoria County Roads 146 and 539, Brazoria County: aerial pesticide applicator.

27). Melton Kelly Property. Located on County Road 3250, four miles northeast of Chatfield, Navarro County: waste from illegal salvage fires.

28). Stoller Chemical Company, Inc. Located at 5200 North Columbia Street, east of the intersection of Hwy. 87 and Business 87, north of Plainview, Hale County: warehouse containing vats and leftover fertilizer products and an abandoned cattle trailer containing leaking drums of hazardous waste.

Since the last publication on November 23, 2001, the commission has determined that two facilities, Permian Chemical Company, Ector County, and Solvent Recovery Services, Fort Bend County, no longer pose an imminent and substantial endangerment to public health and safety or the environment, and pursuant to 30 TAC §335.344(c), they have been deleted.

To date, 23 sites Aztec Mercury, Brazoria County; Bestplate, Inc., Dallas County; Butler Ranch, Karnes County; Double R Plating Company, Cass County; Hagerson Road Drum, Fort Bend County; Hart Creosoting, Jasper County; Hi-Yield, Hunt County; Houston Lead, Harris County; Houston Scrap, Harris County; LaPata Oil Company, Harris County; Munoz Borrow Pits, Hidalgo County; Newton Wood Preserving, Newton County; Permian Chemical Company, Ector County; PIP Minerals, Liberty County; Poly-Cycle Industries, Ellis County; Rio Grande Refinery I, Hardin County; Rio Grande Refinery II, Hardin County; Solvent Recovery Services, Fort Bend County; South Texas Solvents, Nueces County; State Marine, Jefferson County; Thompson Hayward Chemical, Knox County; Waste Oil Tank Services, Harris County; and Wortham Lead Salvage, Henderson County have been deleted from the state registry pursuant to the Act, §361.189 (see also the Act, §361.183(a) and 30 TAC §335.344).

The public records for each of the sites are available for inspection and copying during regular TNRCC business hours at the TNRCC Records Management Center, Building E, First Floor, 12100 Park 35 Circle, Austin, Texas 78753, telephone 1-800-633-9363, or (512) 239-2920. Handicapped parking is available on the east side of Building D, convenient to access ramps that are located between Building D and Building E. Copying of file information is subject to payment of a fee.

TRD-200203002

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: May 14, 2002


Panhandle Regional Planning Commission

Request for Proposals

The Panhandle Regional Planning Commission (PRPC), on behalf of the interests of the City of Amarillo, the City of Canyon, Potter County, Randall County, the Panhandle Emergency Medical Services System/Northwest Texas Hospital and the Potter-Randall County Emergency Communications District is requesting proposals from qualified consultants/consulting firms to access the feasibility and develop recommendations regarding the possible consolidation of 9-1-1 public safety answering point/dispatching operations in Potter and Randall County, Texas.

Proposal requirements may be obtained by contacting Gary Pitner, Executive Director, PRPC, P.O. Box 9257, Amarillo, TX 79105 or by phone at (806) 372-3381.

Proposals will be accepted until 5:00 p.m. Central Daylight Time on June 14, 2002 at the offices of the Panhandle Regional Planning Commission, 415 W. 8th Avenue, Amarillo, TX 79101.

At a minimum, the proposals will be evaluated based upon the criteria listed below. Such criteria and any other which may be deemed appropriate, may be assigned varying weights at the discretion of the Panhandle Regional Planning Commission to reflect relative importance. Evaluation criteria will include, but not necessarily be limited to the qualifications and related experience of the proposing firm; qualifications, education and related experience of the personnel to be assigned to the project; previous work performance of the proposing firm based on the level of satisfaction of past and present clients; capacity of the proposing firm to perform based on current work loads, staffing availability and the firm's financial stability; offeror's approach/methodology to the conduct of this project; and proposed project cost.

TRD-200202866

Gary Pitner

Executive Director

Panhandle Regional Planning Commission

Filed: May 9, 2002


Texas Department of Public Safety

Inspection Station and Certified Inspector Denial, Revocation, Suspensions, and Administrative Hearings §23.15 -- Public Hearing Notice

The Texas Department of Public Safety in accordance with Administrative Procedure and Texas Register Act, Texas Government Code, §2001 et seq., and Texas Transportation Code, Chapter 548, is holding a public hearing on June 4, 2002, at 9:00 a.m. at the Texas Department of Public Safety Criminal Law Enforcement Building (Building E), in the Auditorium, 6100 Guadalupe Street, Austin, Texas 78773. Visitor parking is available, but limited, in the department parking lot.

The purpose of the hearing is to receive comments from all interested persons regarding adoption of amendments to Administrative Rule §23.15, concerning Inspection Station and Certified Inspector Denial, Revocation, Suspensions, and Administrative Hearings, proposed for adoption under the authority of Texas Transportation Code, Chapter 548. The proposed rule was published in the May 10, 2002 issue of the Texas Register (27 TexReg 3967).

The hearing is in response to a request for public hearings received from the Texas State Inspection Association.

Persons interested in attending this hearing are encouraged to submit advance written notice of their intent to attend the hearing and to submit a written copy of their comments. This correspondence should be addressed to E. Eugene Summerford, Legal Counsel, Vehicle Inspections and Emissions, Texas Department of Public Safety, Box 4087, Austin, TX 78773-0543 or by fax at (512) 424-2774. To be included, all correspondence must be received no later than 5:00 p.m. on June 4, 2002 and should refer to "Proposed Rule 37 TAC §23.15" in the subject line or at the beginning of the text.

Individual comments may be limited to five minutes in duration, depending upon the number of attendees.

Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print, Braille, are requested to contact E. Eugene Summerford at (512) 424-2777, three work days prior to the meeting so that appropriate arrangements can be made.

TRD-200202995

Thomas A. Davis, Jr.

Director

Texas Department of Public Safety

Filed: May 14, 2002


Public Utility Commission of Texas

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

On May 9, 2002, ClearSource, Inc. filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60209. Applicant intends to combine its operations with Grande Communications Holdings, Inc., holding SPCOA Certificate Number 60341; change its name to Grande Communications ClearSource, Inc.; and relinquish SPCOA Number 60209 in favor of SPCOA Number 60341.

The Application: Application of ClearSource, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 25883.

Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326 no later than May 30, 2002. You may contact the commission's Customer Protection Division at (512) 936-7120. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 25883.

TRD-200202941

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 13, 2002


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

On May 9, 2002, IP Communications Corporation filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60242. Applicant intends to reflect a corporate restructuring and a name change.

The Application: Application of IP Communications Corporation for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 25884.

Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326 no later than May 30, 2002. You may contact the commission's Customer Protection Division at (512) 936-7120. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 25884.

TRD-200203022

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 15, 2002


Notice of Application for Good Cause Exception

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on May 6, 2002, for waiver of the obligation to file an annual Transmission Earnings Monitoring Report (TEMR).

Docket Title and Number: Application of Bryan Texas Utilities (BTU) for Good Cause Exception to the Requirement to File a 2002 Transmission Earnings Monitoring Report. Docket Number 25853.

The Application: BTU requests a good cause exception from the filing requirement for the June 1, 2002, report for two reasons: (1) BTU asserts that since it has a new transmission cost of service (TCOS) that is used to set transmission rates effective January 1, 2002, the TCOS upon which the June 1 Report is based, calendar year 2001, is no longer being used; (2) the instructions to the TEMR provide that a non-investor owned transmission service provider with a rate proceeding pending before the commission on the due date of the annual earnings report, or who had a final order issued in such a proceeding within the last twelve months is exempt from filing the report. BTU requests that it be exempt from the June 1, 2002, filing requirement based upon the implementation of its new TCOS in 2002, and the entry of a final order slightly more than 12 months ago.

On or before June 5, 2002, persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All comments should reference Docket Number 25853.

TRD-200202979

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 13, 2002


Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on May 10, 2002, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of BroadLink Telecom, LLC for a Service Provider Certificate of Operating Authority, Docket Number 25889.

Applicant intends to provide plain old telephone service and long distance services.

Applicant's requested SPCOA geographic area includes the geographic area of Texas currently served by Southwestern Bell Telephone Company.

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 no later than May 30, 2002. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200202942

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 13, 2002


Public Notice of Adoption of LRIC Studies Pursuant to P.U.C. Substantive Rule §26.229

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of a notice of adoption of long run incremental cost (LRIC) studies pursuant to P.U.C. Substantive Rule §26.229.

Docket Title and Number. Valor Telecommunications of Texas, LP Notice of Adoption of Verizon Southwest, Inc.'s LRIC Studies Pursuant to P.U.C. Substantive Rule §26.229, Docket Number 25871.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning this proceeding referencing Docket Number 25871. Written comments or recommendations should be filed no later than June 10, 2002, and should be filed at the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200203003

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 14, 2002


Public Notice of Amendment to Interconnection Agreement

On May 6, 2002, Southwestern Bell Telephone, LP doing business as Southwestern Bell Telephone Company and Teleport Communications Houston, 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 25856. 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 25856. 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 June 7, 2002, and shall include:

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

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

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

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

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

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

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

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 25856.

TRD-200202874

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 9, 2002


Public Notice of Amendment to Interconnection Agreement

On May 6, 2002, Southwestern Bell Telephone, LP doing business as Southwestern Bell Telephone Company and TCG Dallas, 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 25857. 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 25857. 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 June 7, 2002, and shall include:

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

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

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

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

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

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

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

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 25857.

TRD-200202875

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 9, 2002


Public Notice of Amendment to Interconnection Agreement

On May 6, 2002, Southwestern Bell Telephone, LP doing business as Southwestern Bell Telephone Company and AT&T Communications of Texas, LP, 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 25858. 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 25858. 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 June 7, 2002, and shall include:

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

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

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

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

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

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

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

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 25858.

TRD-200202876

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 9, 2002


Public Notice of Amendment to Interconnection Agreement

On May 7, 2002, Southwestern Bell Telephone, LP doing business as Southwestern Bell Telephone Company and Teleport Communications Houston, 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 25862. 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 25862. 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 June 7, 2002, and shall include:

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

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

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

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

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

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

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

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 25862.

TRD-200202877

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 9, 2002


Public Notice of Amendment to Interconnection Agreement

On May 7, 2002, Southwestern Bell Telephone, LP doing business as Southwestern Bell Telephone Company and TCG Dallas, 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 25863. 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 25863. 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 June 7, 2002, and shall include:

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

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

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

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

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

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

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

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 25863.

TRD-200202878

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 9, 2002


Public Notice of Amendment to Interconnection Agreement

On May 7, 2002, Southwestern Bell Telephone, LP doing business as Southwestern Bell Telephone Company and AT&T Communications of Texas, LP, 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 25864. 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 25864. 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 June 7, 2002, and shall include:

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

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

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

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

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

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

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

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 25864.

TRD-200202879

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 9, 2002


Public Notice of Amendment to Interconnection Agreement

On May 8, 2002, Time Warner Telecom of Texas, 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 25870. 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 25870. 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 June 10, 2002, and shall include:

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

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

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

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

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

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

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

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 25870.

TRD-200202890

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 9, 2002


Public Notice of Intent to File Pursuant to P.U.C. Substantive Rule §26.214

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 Valor Integrated Voice and Data Service (IVDS) Pursuant to P.U.C. Substantive Rule §26.214 on May 20, 2002, Docket Number 25872.

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 25872. 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 commission's Customer Protection Division at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200202880

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 9, 2002


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

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

Docket Title and Number. Verizon Southwest, Inc. Application for Approval of LRIC Study for Inter-Switch Voice Messaging (ISVM) Service Pursuant to P.U.C. Substantive Rule §26.215 on May 20, 2002, Docket Number 25882.

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 25882. 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 commission's Customer Protection Division at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200202907

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 10, 2002


Public Notice of Interconnection Agreement

On May 10, 2002, United Telephone Company of Texas, Inc. doing business as Sprint, Central Telephone Company of Texas doing business as Sprint, and AT&T Communications of Texas, LP, 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 25890. 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 25890. 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 June 12, 2002, and shall include:

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

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

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

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

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

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

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

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 25890.

TRD-200202976

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 13, 2002


Public Notice of Interconnection Agreement

On May 10, 2002, United Telephone Company of Texas, Inc. doing business as Sprint, Central Telephone Company of Texas doing business as Sprint, and TCG Dallas and Teleport Communications Houston, 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 25891. 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 25891. 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 June 12, 2002, and shall include:

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

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

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

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

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

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

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

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 25891.

TRD-200202977

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 13, 2002


South East Texas Regional Planning Commission

Request for Proposal for Aerial Photography

South East Texas Regional Planning Commission (SETRPC) 9-1-1 Emergency Communications is soliciting proposals from qualified vendors for aerial photography of Hardin and Orange counties in Texas. A Request for Proposal will be released on Friday, May 31, 2002.

A single bid/proposal bond in the amount of five percent (5%) of the proposed initial cost shall be required with each proposal submitted. Proposals submitted without a bid/proposal bond shall be automatically disqualified.

Terms: Payment for services and materials shall be made on invoices to be periodically submitted by the vendor as outlined in the Contract for Service.

To receive a proposal package, please contact Pete De La Cruz or Gina LaRocca at (409) 724-1911 or mail inquiries to SETRPC 9-1-1 Emergency Communications, 2210 Eastex Freeway, Beaumont, Texas 77703

Sealed proposals will be received by Anita Huval, SETRPC 9-1-1 Emergency Communications, 2210 Eastex Freeway, Beaumont, Texas 77703 until 12:00 noon Central Time, Monday, July 1, 2002. The date/time in the offices of SETRPC shall be the official time of receipt. Fax or email proposals will not be accepted. Proposals received late will be returned unopened to the Offeror at the Offeror's expense. Proposals will be opened Monday, July 1, 2002. Proposals will be reviewed by the SETRPC Aerial Sub-committee based on the criteria included in the Request for Proposal.

TRD-200202988

Chester Jourdan

Executive Director

South East Texas Regional Planning Commission

Filed: May 14, 2002


Texas A&M University, Board of Regents

Public Notice (President of Texas A&M University)

Pursuant to Section 552.123, Texas Government Code, the following candidate is the finalist for the position of President of Texas A&M University and upon the expiration of twenty-one days, final action is to be taken by the Board of Regents of The Texas A&M University System: (1) Dr. Robert M. Gates

TRD-200202926

Vickie Burt Spillers

Executive Secretary to the Board

Texas A&M University, Board of Regents

Filed: May 13, 2002


Request for Proposal

The Texas A&M University System has entered into an agreement with Fund Evaluation Group, Inc., 525 Vine Street, Suite 2030, Cincinnati, Ohio, 45202, to provide investment consulting services. Fund Evaluation Group will provide the following services: Annual Asset Allocation and Investment Policy Reviews, Quarterly Investment Reporting, Manager Searches, and other projects on an as needed basis. Investment Reports are due within thirty (30) days of the respective quarter end with other reports due on an as needed basis. For these services The Texas A&M University System will pay Fund Evaluation Group approximately $100,000 annually beginning May 1, 2002 and ending April 30, 2007.

TRD-200202989

Vickie Burt Spillers

Executive Secretary to the Board

Texas A&M University, Board of Regents

Filed: May 14, 2002


Texas Department of Transportation

Notice of Availability - Final Environmental Impact Statement

Pursuant to Title 43, Texas Administrative Code, §2.43(e)(5)(F), the Texas Department of Transportation (TxDOT) is advising the public of the availability of the approved Final Environmental Impact Statement (FEIS) for the proposed construction of Segment IV of the President George Bush Turnpike (PGBT), from IH-35E to IH-635, in the Cities of Irving, Carrollton, Coppell, Farmers Branch, and Dallas in Dallas County, Texas. The proposed project is being developed jointly with the Federal Highway Administration and the North Texas Tollway Authority (NTTA).

The proposed project is approximately 5.5 miles in length and involves the proposed construction of a six-lane new north-south controlled access tollway with space available for future additional lanes. The purpose of the proposed project is to create a direct link between IH-35E and IH-635, which completes the northern and western sections of the PGBT. This link would relieve local and regional traffic congestion, improve local and regional mobility, increase the economic viability of the study area, and maintain the integrity of the Trinity River ecosystem. The social, economic, and environmental impacts of the proposed project have been analyzed in the FEIS.

A total of five primary build alternatives, in addition to the no-build alternative, were evaluated in the FEIS for this project. The five primary alternatives are referred to as alternatives 7, 8, 10, 15, and 16. Primary alternative 10 was identified as the preferred alternative. Although the natural environmental impacts varied among the five primary alternatives, the variation was not considered substantial. Substantial contrasts did appear in the impacts of several factors, such as commercial and economic, hazardous materials, and capital costs. Intense opposition to impacting the Sandy Lake Amusement Park became the overriding factor in ultimately recommending alternative 10 as the preferred alternative.

Copies of the FEIS are available for review at the Carrollton Public Library, 2001 Jackson Road, Carrollton, Texas, 75006; the Farmers Branch Public Library, 13613 Webb Chapel Road, Farmers Branch, Texas, 75234; the Irving Public Library, Valley Ranch Branch, 9940 W. Valley Ranch Parkway, Irving, Texas, 76063; and the Dallas Public Library, J. Erik Jonsson Central Library, 1515 Young Street, Dallas, Texas, 75201. For further information, please contact Mr. Christopher Anderson at (214) 461-2000 or e-mail at

canderson@ntta.org

Copies of the FEIS and other information about the project may also be obtained at the North Texas Tollway Authority office located at 5900 W. Plano Parkway, Suite 100, Plano, Texas, 75093. The mailing address is P.O. Box 260729, Plano, Texas, 75026. Printed copies of the FEIS are available for $150.

Comments regarding the FEIS should be submitted to Christopher Anderson at the North Texas Tollway Authority office located at the address in the previous paragraph. The deadline for the receipt of comments is 5:00 p.m., June 24, 2002.

TRD-200203008

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: May 15, 2002


The University of Texas System

Notice of Entering Into a Major Consulting Services Contract

The University of Texas System has amended a contract for consulting services. The consultant will perform any necessary research requested by the University in the areas of: (1) federal and state funding for research and development, (2) strategic planning procedures at the component level, (3) accountability measures relating to long-range goals, and (4) any other areas identified by the Board of Regents' Finance and Planning Committee.

The name and address of the consultant are as follows:

TVM Consulting

815A Brazos Street, Suite 505

Austin, Texas 78751

The University will pay a flat fee of $9,500 per month so long as the contract remains in force and effect. The contract will run from March 19, 2001 until December 19, 2002. Any reports required will be due no later than December 31, 2002.

Any questions regarding this posting should be directed to:

Mr. Arthur B. Martinez

Assistant Secretary to the Board

Office of the Board of Regents

The University of Texas System

201 West 7th Street, Suite 820

Austin, Texas 78701-2981

Voice: 512/499-4296

Fax: 512/499-4425

Email: Amartinez@utsystem.edu

TRD-200202905

Francie A. Frederick

Counsel and Secretary to the Board

The University of Texas System

Filed: May 10, 2002