TITLE in-addition

Brazos Valley Council of Governments

Request for Proposal for Auditing Services

DESCRIPTION: This request for auditing services is filed under the provisions of the Government Code, Chapter 2254.

The Brazos Valley Council of Governments (BVCOG), a regional planning commission who, was organized under State of Texas and administers funds from local, state, federal governments, announces its request for proposal to perform an Independent Financial Single Audit in accordance with the office of Management and Budget Circular A-133, for the Fiscal Year 2002, October 1, 2001 through September 30, 2002, to be included in their Comprehensive Annual Financial Report which will be used to apply for the Governmental Financial Officers Association Award of Excellence. The audit must be completed by February 19, 2003. Our Fiscal Year 2001 single audit was performed by Patillo, Brown & Hill, LLP, from Waco, Texas.

PERSONS TO CONTACT: Further information may be obtained from John Lewis, Director of Finance or Tom Wilkinson, Executive Director, at the Brazos Valley Council of Governments, 1706 East 29th Street, P.O. Drawer 4128, Bryan, Texas 77805-4128, or by phone (979) 775-4244.

DEADLINE FOR SUBMISSION OF RESPONSE: Proposals are due on Friday, June 7, 2002, by 5:00 p.m. at the Brazos Valley Council of Government offices located at 1706 East 29th Street in Bryan, Texas.

EVALUATION CRITERIA:

A. Demonstrated Performance/Experience

1. Demonstrated Competence/Qualifications

2. Relevant Experience of Key Staff

B. Schedule Design

1. Meets BVCOG's Goals/Objectives/Includes Quality Control Procedures

2. Provides Quality Planned Follow-up Activity

3. Degree of Proposed Technical Assistance

C. Reasonableness of Cost

1. Cost Effectiveness

2. Costs: Necessary, Reasonable, Allowable and Allocable

3. Competitiveness of Costs

4. Value of in-kind services

D. HUB Status

GENERAL INFORMATION: BVCOG reserves the right to accept or reject any (or all) proposals submitted. BVCOG is under no legal requirement to execute a resulting contract, if any, on the basis of this advertisement and intends the material herein as a general description of the services desired by BVCOG.

The proposal should be for a period of one year although BVCOG will have the option of extending the contract for an additional two years.

FORM AND FORMAT: Five copies of the proposal are requested and should be sent by mail, express service or delivered in person within the time frame specified in a sealed envelope marked "PROPOSAL FOR INDEPENDENT SINGLE AUDIT OF FEDERAL AND STATE GRANT AWARDS" , addressed to Tom Wilkinson, Jr., Executive Director, Brazos Valley Council of Governments, P.O. Drawer 4128, Bryan, Texas 77805-4128. The proposal should be typed, preferably double spaced--minimum of 10 point font--on 8 1/2 inch by 11 inch paper with all papers sequentially numbered and bound together with binder clips. Proposals should include a letter of transmittal summarizing the proposal and a table of contents.

For further information, please call (979) 775-4244.

TRD-200203134

Tom Wilkinson, Jr.

Executive Director

Brazos Valley Council of Governments

Filed: May 22, 2002


Request for Proposals for Independent Single Audit of Federal Grant Awards

The Brazos Valley Affordable Housing Corporation (BVAHC) is soliciting proposals for the Fiscal Year 2002, October 1, 2001 - September 30, 2002, independent single audit of federal grant awards administered by BVAHC.

PROPOSALS SHOULD BE EXTERNALLY LABELED AS FOLLOWS:

Tom Wilkinson, President

Brazos Valley Affordable Housing Corporation

P.O. Drawer 4128

Bryan, Texas 77805-4128

An original and five copies of the proposal must be submitted in a sealed envelope marked "PROPOSAL FOR SINGLE AUDIT OF FEDERAL GRANT AWARDS" . The deadline to submit a proposal is Friday, June 7, 2002, at 5:00 p.m. CST . Proposals must be officially received by BVAHC by this deadline, or mailed by midnight of the deadline date. Submission by telecopier, fax or e-mail is not acceptable. Any proposals or modifications/amendments delivered, received or postmarked after the deadline will not be considered, but will be deemed late and non-responsive to this request for propsals and procurement process. Modifications or amendments may be made to a proposal that has been submitted prior to the deadline, so long as the modification or amendment is submitted prior to the deadline.

PROPOSAL EVALUATION CRITERIA

Responsive proposals submitted by the deadline will be evaluated using the criteria below. Selection of providers shall be in accordance with all applicable laws and regulations. Selection criteria are as follows:

EVALUATION CRITERIA--POINTS

1. Demonstrated Performance/Experience--35

2. Schedule Design--35

3. Reasonableness of Costs--30

4. HUB Status--+5

TOTAL POSSIBLE POINTS--105

For more information and submission forms regarding this Request for Proposals, please call John Lewis at (979) 775-4244, ext. 162

TRD-200203167

Tom Wilkinson, Jr.

Executive Director

Brazos Valley Council of Governments

Filed: May 22, 2002


Request for Proposals for Independent Single Audit of Federal and State Grant Awards

The Brazos Valley Council of Governments (BVCOG) is soliciting proposals for the Fiscal Year 2002, October 1, 2001 - September 30, 2002, Comprehensive Annual Financial Report (CAFR) including independent single audit of federal and state grant awards administered by BVCOG, in accordance with the requirements of the office of Management and Budget Circular A-133. Our desire is to have a CAFR that would be eligible for the Government Financial Officers Award of Excellence for financial reporting.

PROPOSALS SHOULD BE EXTERNALLY LABELED AS FOLLOWS:

Tom Wilkinson, Executive Director

Brazos Valley Council of Governments

P.O. Drawer 4128

Bryan, Texas 77805-4128

An original and five copies of the proposal must be submitted in a sealed envelope marked "PROPOSAL FOR INDEPENDENT SINGLE AUDIT OF FEDERAL AND STATE GRANT AWARDS" . The deadline to submit a proposal is Friday, June 7, 2002 at 5:00 p. m. CST . Proposals must be officially received by BVCOG by this deadline, or mailed by midnight of the deadline date. Submission by telecopier, fax or e-mail is not acceptable. Any proposals or modifications/amendments delivered, received or post marked after the deadline will not be considered, but will be deemed late and non-responsive to this request for proposals and procurement process. Modifications or amendments may be made to a proposal that has been submitted prior to the deadline so long as the modification or amendment is submitted prior to the deadline.

PROPOSAL EVALUATION CRITERIA

Responsive proposals submitted by the deadline will be evaluated using the criteria below. Selection of providers shall be in accordance with all applicable laws and regulations. Selection criteria are as follows:

EVALUATION CRITERIA--POINTS

1. Demonstrated Performance/Experience--35

2. Schedule Design--35

3. Reasonableness of Costs--30

4. HUB Status--+5

TOTAL POSSIBLE POINTS--105

For more information, submission forms and detail on submission regarding this Request for Proposals, please call John Lewis at (979) 775-4244, ext. 162

TRD-200203133

Tom Wilkinson, Jr.

Executive Director

Brazos Valley Council of Governments

Filed: May 22, 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 10, 2002, through May 16, 2002. The public comment period for these projects will close at 5:00 p.m. on June 21, 2002.

FEDERAL AGENCY ACTIONS: Applicant: National Energy Group, Inc.; Location: The project is located in Sabine Lake in State Tracts (ST) 1, 2, 5, and 8 and crosses the Gulf Intracoastal Waterway east of the confluence of the Sabine Neches Canal and the Neches River 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: 420463; Northing: 3313073. Project Descripton: The applicant requests authorization to install and maintain two pipelines, buried side-by-side, along a 14,305-foot alignment for the purpose of producing the State Tract 8 No. 1 Well. A 6-inch and an 8-inch diameter pipeline will be installed by jetting at a minimum of 3 feet below the mudline, affecting approximately 1.6 acres of lake bottom. The pipeline trench will measure 3 feet wide at the top of the trench. At the point where the pipelines traverse the Sabine River they will be jetted in at a minimum depth of 15 feet below the authorized project depth of -32 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.: 02-0128-F1; Type of Application: U.S.A.C.E. permit application #22642 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: LLOG Exploration Offshore; Location: The project is located in the Aransas Pass Anchorage Area in Mustang Island Area, Block 723-L, offshore Texas, Gulf of Mexico. Project Description: The applicant proposes to install, operate, and maintain a typical jack-up drilling rig, production platform and/or well protector, with appurtenant structures and equipment necessary for oil and gas drilling/production operations. No dredging and/or filling activities are required for the project. CCC Project No.: 02-0129-F1; Type of Application: U.S.A.C.E. permit application #22672 (Revised) is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).

Applicant: McRae Exploration & Production, Inc.; Location: The project is located in the Gulf of Mexico, inside of the Anchorage Area of the Matagorda Entrance Safety Fairway at a distance of 500 feet outside of the Safety Fairway boundary, offshore Matagorda County, Texas. The proposed structure would be greater than two nautical miles from any other structure. The project can be located on the U.S.G.S. quadrangle map entitled San Antonio Bay, Texas. Approximate UTM Coordinates: Zone 14; Easting: 770327; Northing: 3141387. Project Description: The applicant proposes to install and maintain a jack-up rig for the purpose of drilling the State Tract 522L NE/4 No. 1 Well. CCC Project No.: 02-0130-F1; Type of Application: U.S.A.C.E. permit application #22693 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).

Applicant: The Houston Exploration Company; Location: The project is located in the Laguna Madre approximately 21 miles south of the Bird Island Basin public boat ramp in the Padre Island National Seashore in Kenedy County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled Yarborough Pass, Texas. Approximate UTM Coordinates: Zone 14; Easting: 657300; Northing: 3010400. Project Description: The applicant proposes to install, operate, and maintain structures and equipment necessary for oil and gas drilling, production, and transportation activities. The well would be drilled from a surface location in ST 226 to a bottom hole in ST 229. Activities include installation of typical marine barges and keyways, shell and gravel pads, and production structures with attendant facilities. Approximately 4,500 cubic yards of shell, crushed rock or washed gravel will be used as a base for the drilling rig and production facility. Approximately 33,049 square feet of deep (-6.7 feet MLT), open bay bottom will be filled to construct the pad. The drilling site and proposed access route were surveyed for the presence of seagrasses and hard substrate. The bottom throughout the survey area consisted of soft, deep mud. No seagrasses or rock/reef areas were found within 550 feet of the proposed drilling location or within 50 feet on either side of the centerline of the proposed access route. CCC Project No.: 02-0131-F1; Type of Application: U.S.A.C.E. permit application #22694 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387). NOTE: The CMP consistency review for this project may be conducted by the Railroad Commission of Texas as part of its certification under §401 of the Clean Water Act.

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

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

TRD-200203149

Larry Soward

Chief Clerk, General Land Office

Coastal Coordination Council

Filed: May 22, 2002


Comptroller of Public Accounts

Invitation to Comment

The Texas County Financial Data Advisory Committee (TCFDAC or committee) announces the availability of the draft "Proposed Uniform Chart of Accounts for Texas Counties" (Chart of Accounts) for review and public comment. The committee was established by the 77th Legislature, 2001, in House Bill 2869, to study county financial reporting requirements and systems and make recommendations to the Comptroller of Public Accounts and the legislature on ways in which the collection and use of county financial data can be improved without resulting in additional costs to counties. Pursuant to Local Government Code §114.082(a), the comptroller may implement the recommendations of the committee for the reporting of financial data and other pertinent information to the state.

The draft Chart of Accounts is developed and promulgated in accordance with the requirements of Local Government Code, §114.082(c)(2), which requires the committee to develop and recommend a voluntary uniform chart of accounts. The draft Chart of Accounts was adopted at the committee's meeting of May 2, 2002. The chart of accounts includes Functions, Function/Program Descriptions, Sub-Functions/Programs, Sub-Function/Program Descriptions and Office/Department Included (for illustrative purposes only). Once the committee completes its work on the Chart of Accounts it will be submitted to the comptroller for adoption and made available to counties for voluntary use as provided in Local Government Code §112.003(b). The comptroller shall adopt the chart of accounts no later than September 1, 2002.

A copy of the draft Chart of Accounts may be found at the committee's web page at http://www.cuc.org/CUC/FDAC/working_documents/index.htm. A copy of the draft Chart of Accounts may also be viewed at the Research Library located at Texas Comptroller of Public Accounts, LBJ State Office Building, 111 E. 17th Street, Room 307, Austin, Texas.

Written comments may be submitted to Alfredo E. Cardenas, Supervisor, Local Government Assistance, Texas Comptroller of Public Accounts, 111 E. 17th Street, Austin, Texas 78774-0001. Comments may also be faxed to Mr. Cardenas at (512) 475-0664, but must be followed up with submission and receipt of the written comments within three working days of when they were faxed. Written comments may be submitted no later than 30 days after publication of this notice in the Texas Register. For further information or questions, contact Mr. Cardenas at (512) 463-4343 or by e-mail at alfredo.cardendas@cpa.state.tx.us.

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TRD-200203119

Martin Cherry

Deputy General Counsel for Taxation

Comptroller of Public Accounts

Filed: May 21, 2002


Notice of Award

Pursuant to Chapter 2254, Chapter B, and Sections 403.011 and 403.020 Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces this notice of consulting contract award.

The notice of request for proposals (RFP #139a) was published in the March 22, 2002, issue of the Texas Register (27 TexReg 2298).

The consultant will assist Comptroller in conducting a management and performance review of the Austin Community College.

The contract was awarded to McConnell Jones Lanier & Murphy LLP, Summit Tower, 11 Greenway Plaza, Suite 2902, Houston, Texas 77046. The total amount of this contract is not to exceed $300,000.00.

The term of the contract is May 15, 2002 through December 31, 2002. The final report is due on or before September 5, 2002.

TRD-200203070

Pamela Ponder

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: May 17, 2002


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in 303.003, 303.009, and 304.003, Tex. Fin. Code.

The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the period of 05/27/02 - 06/02/02 is 18% for Consumer 1 /Agricultural/Commercial 2 /credit thru $250,000.

The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the period of 05/27/02 - 06/02/02 is 18% for Commercial over $250,000.

The judgment ceiling as prescribed by Sec. 304.003 for the period of 06/01/02 - 06/30/02 is 10% for Consumer/Agricultural/Commercial/credit thru $250,000.

The judgment ceiling as prescribed by Sec. 304.003 for the period of 06/01/02 - 06/30/02 is 10% for Commercial over $250,000.

1 Credit for personal, family or household use.

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

TRD-200203107

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: May 21, 2002


Court Reporters Certification Board

Certification of Court Reporters

Following the examination of applicants on April 26, 2002, the Texas Court Reporters Certification Board certified to the Supreme Court of Texas the following individuals who are qualified in the method indicated to practice shorthand reporting pursuant to Chapter 52 of the Texas Government Code, V.T.C.A.:

MACHINE SHORTHAND: AMELIA GUILLEN- SAN ANTONIO, TX; DELORES JOHNSON-HOUSTON, TX; LICHE CAVAZOS- SAN ANTONIO, TX; DIANA VARGAS- SAN ANTONIO, TX; DARLENE FORVILLE- CONROE, TX; ANNE SITKA- HOUSTON, TX; ANGEL HAZLEY- DALLAS, TX; OTILIA MARTINEZ SERNA- CORPUS CHRISTI, TX; LEANNA LYNCH- DALLAS, TX; MARY MATZEK- PLANO, TX; LISA GONZALES- FRISCO, TX; RENEA SEGGERN- TAYLOR, TX; SHERRY HOOPER- GARLAND, TX; STEFANI DUONG- IRVING, TX; LANRE BUSARI- DALLAS, TX; AMBER GRIFFITH- DENISON, TX; MARIA CARAVEO- EL PASO, TX; EMILY BLEDSOE- FT. WORTH, TX; JENNIFER STITZ- ARLINGTON, TX; NANCY RUSTEMAYER- ARLINGTON, TX; SANDRA MAXWELL- FT. WORTH, TX; SAMANTHA BLAIR- COPPELL, TX

TRD-200203093

Sheryl Jones

Director of Administration

Court Reporters Certification Board

Filed: May 20, 2002


Credit Union Department

Application(s) to Expand Field of Membership

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

An application was received from Associated Credit Union, Deer Park, Texas to expand its field of membership. The proposal would permit persons who work or reside within a 10-mile radius of the following ACU branch locations: 309 West X Street, Deer Park, Texas 77536; 6306 Broadway, Pearland, Texas 77581; 10228 Broadway, Pearland, Texas 77581; and 3775 South Main, Pearland, Texas, to be eligible for membership in the credit union, excluding any person eligible for primary membership in any occupational based credit union at the time membership is sought.

An application was received from Houston Energy Credit Union, Houston, Texas to expand its field of membership. The proposal would permit employees of Kinder Morgan who work in or are supervised from Houston, Texas, to be eligible for membership in the credit union.

An application was received from Houston Energy Credit Union, Houston, Texas to expand its field of membership. The proposal would permit employees of Royal Window Coverings who work at or are paid from or supervised from Houston, Texas, to be eligible for membership in the credit union.

An application was received from Kraft America, Garland, Texas, to expand its field of membership. The proposal would permit employees of the subsidiaries, affiliates or successors of any Select Employee Group included within Kraft America's field of membership to be eligible for membership in the credit union.

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

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

TRD-200203146

Harold E. Feeney

Commissioner

Credit Union Department

Filed: May 22, 2002


Texas Commission for the Deaf and Hard of Hearing

Request for Proposals

The Texas Commission for the Deaf and Hard of Hearing announces the issuance of a Request for Proposals (RFP) to expand or otherwise improve the provision of services to individuals who are hard of hearing, deafened or oral deaf.

TCDHH intends to fund projects providing ongoing services in 1 or all of the following areas:

1) Projects that provide ongoing Outreach and Demonstration of Assistive Devices for persons who are hard of hearing, deafened or oral deaf, enabling these individuals to lead more independent and productive lives.

2) Projects that provide ongoing Coping Skills Services such as, but not limited to:

a. hearing aid information

b. lipreading information

c. technology information

d. resources

e. communication strategies

3) Projects that provide re-conditioned hearing aids, enabling persons who are low-income and hard of hearing to obtain a device at little or no cost.

Contact:

Parties interested in submitting a proposal should contact the office of the Texas Commission for the Deaf and Hard of Hearing, P.O. Box 12904, Austin, Texas 78711, 512-407-3250 (Voice) or 512-407-3251 (TTY), to obtain a complete copy of the RFP. The RFP is also available for pick-up at the Commission office, 4800 North Lamar, Suite 310, Austin, Texas 78756 during normal business hours. The RFP is not available through fax.

Closing Date:

Proposals must be received in the office of the Texas Commission for the Deaf and Hard of Hearing, 4800 North Lamar, Suite 310, Austin, Texas 78756, no later than 5 p.m. (CDT), on June 28, 2002. Proposals received after this time and date will not be considered.

Award Procedure:

All proposals will be subject to an evaluation by a review committee based on the evaluation criteria set forth in the RFP. The committee will determine which proposal best meets these criteria and will make a recommendation for award to the Executive Director who will then make a recommendation for award to the Commission. The Commission will make the final decision. Applicants may be asked to clarify their proposal, which may include an oral presentation prior to final selection.

The Commission reserves the right to accept or reject any or all proposals submitted. The Texas Commission for the Deaf and Hard of Hearing is under no legal or other obligation to execute a grant on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits the Commission to pay for any costs incurred prior to the execution of a grant. The anticipated schedule of events is as follows:

Estimated number of awards: 3

Maximum award amount (per year): $12,000

Estimated project period (months): 12

Application Deadline: June 28, 2002 at 5 p.m.

Grant Execution: September 1, 2002

TRD-200203122

David W. Myers

Executive Director

Texas Commission for the Deaf and Hard of Hearing

Filed: May 22, 2002


Texas Ethics Commission

List of Late Filers

Listed below are the names of filers from the Texas Ethics Commission who did not file reports, or failed to pay penalty fines for late reports in reference to the listed filing deadline. If you have any questions, you may contact Robbie Miller at (512) 463-5800 or (800) 325-8506.

Deadline: 30 Days Before An Election Report due April 4, 1994

Enrique M. Barrera, Edgewood PAC, 6435 Buena Vista, San Antonio, Texas 78237

Deadline: 8 Days Before An Election Report due April 29, 1994

Enrique M. Barrera, Edgewood PAC, 6435 Buena Vista, San Antonio, Texas 78237

Deadline: 30 Days Before An Election Report due April 8, 1996

Enrique M. Barrera, Edgewood PAC, 6435 Buena Vista, San Antonio, Texas 78237

Deadline: 8 Days Before An Election Report due April 26, 1996

Enrique M. Barrera, Edgewood PAC, 6435 Buena Vista, San Antonio, Texas 78237

Deadline: 30 Days Before An Election Report due April 3, 1997

Enrique M. Barrera, Edgewood PAC, 6435 Buena Vista, San Antonio, Texas 78237

Deadline: 8 Days Before An Election Report due April 25, 1997

Enrique M. Barrera, Edgewood PAC, 6435 Buena Vista, San Antonio, Texas 78237

Deadline: Semiannual GPAC Report due January 15, 1998

Enrique M. Barrera, Edgewood PAC, 6435 Buena Vista, San Antonio, Texas 78237

Deadline: Semiannual GPAC Report due July 15, 1998

Enrique M. Barrera, Edgewood PAC, 6435 Buena Vista, San Antonio, Texas 78237

Deadline: Semiannual GPAC Report due January 15, 1999

Enrique M. Barrera, Edgewood PAC, 6435 Buena Vista, San Antonio, Texas 78237

Deadline: Semiannual GPAC Report due July 15, 1999

Enrique M. Barrera, Edgewood PAC, 6435 Buena Vista, San Antonio, Texas 78237

Deadline: Semiannual GPAC Report due January 16, 2001

Mike Hyko, Longview Police Officer's Assn., P.O. Box 1453, Longview, Texas 75601

Lance R. West, Lead America Political Action Committee, 2707 Elizabeth Dr., Brownwood, Texas 76801

Deadline: Semiannual J/COH Report due July 16, 2001

Bobby E. Hearn Jr., 5909 Springtide Dr., Fort Worth, Texas 76135

Deadline: Semiannual GPAC Report due July 16, 2001

Johnny Atkinson, Committee For Better Education, HC 1 Box 624A, Goodrich, Texas 77335-9704

Richard A. Solo, 8th District Democrats, P.O. Box 802048, Dallas, Texas 75380-2048

Vance J. Beaudreau, Southern Independent Party, 1605 E. William J. Bryan Pkwy, Bryan, Texas 77803

Deadline: Semiannual J/COH Report due January 15, 2002

Lynda Akin, 5868 Westheimer Rd #302, Houston, Texas

Eric G. Andell, 400 Maryland Ave. S.W., Washington, DC 20202-0001

John G. Anderson, P.O. Box 984, Tomball, Texas 77377-0984

Kathleen Ballanfant, 5160 Spruce, Bellaire, Texas 7740177057-5641

Donna Ballard, 4009 Ridgecrest Trail, Carrollton, Texas 75007-1625

Boyd W. Bauer, P.O. Box 1436, Beeville, Texas 78104

Burgess Beall, 2428 Central Ave. #201, Alameda, CA 94501-4536

Stephen P. Birch, 4912 Haverwood Lane Apt. 818, Dallas, Texas 75287-4422

Howard Bridges Jr., 434 W. Kiest Blvd #100, Dallas, Texas 75224

James R. Bridges, 5447 Willis, Dallas, Texas 75206

Maria D. Burbridge, 7202 Smokey Hill Rd, Austin, Texas 78736

Mary D. Guevara Capello, P.O. Box 6031, Laredo, Texas 78042-6031

Shannon L. Carr, 800 N. LBJ Dr. #1234, San Marcos, Texas 78666

Shene Casey, 256 CR 3101, Greenville, Texas 75402

Billy Clemons, P.O. Box 1306, Groveton, Texas 75845

Susan Criss, 8110 Catalpa, Texas City, Texas 77591

Chloe N. Daniel, P.O. Box 810570, Dallas, Texas 75381-0570

Jeanne M. Doogs, 300 Trinidad Ct., Fort Worth, Texas 76126

Russell L. Duerstine II, P.O. Box 175, Mertzon, Texas 76941-0175

Deborah Dunsinger, 450 El Dorado #1303, Webster, Texas 77598

Philip L. Durgin, 31 Laurel Hill, Austin, Texas 78737-9309

William M. Eastland, P.O. Box 13162, Arlington, Texas 76094-0162

Dan Engel, 2608 Greenwood, Arlington, Texas 76013

Jack D. Ewing, 2938 Meadowbrook Dr., League City, Texas 77573

Baltazar Garcia, 712 McDaniel, Houston, Texas 77022

Edward T. Garcia, P.O. Box 3202, Freeport, Texas 77541

Juan A. Garcia, 1101 S. Cameron, Alice, Texas 78332

Mario Garcia, 735 W. 10th, Mercedes, Texas 78570

Edgar J. Garrett Jr., P.O. Box 465, Cooper, Texas 75432

Thomas L. Gatton, 2320 Southwest Fwy #C, Houston, Texas 77098

Le Roy F. Gillam, 9393 Tidwell Apt. #1211, Houston, Texas 77078-3436

Samuel Gonzalez, 15721 Maiden Lane, Houston, Texas 77053

Arthur Granado, P.O. Box 638, Corpus Christi, Texas 78403

William E. Grisham, 1424 Fredericksburg Rd, San Antonio, Texas 78247

J. David Gutierrez, 3720 Jackson St. #100, Irving, Texas 75061

Anton E. Hackebeil, P.O. Box 220, Hondo, Texas 78861-0220

David M. Hart, P.O. Box 79034, Saginaw, Texas 76179

Bobby E. Hearn Jr., 5909 Springtide Dr., Fort Worth, Texas 76135

Robert Ashton Herrera, 9607 Wildwood Ridge, San Antonio, Texas 78250

Samuel W. Hudson III, P.O. Box 150972, Dallas, Texas 75315-0972

Elizabeth C. Jandt, 112 N. Austin St., Seguin, Texas 78155

Brandon Steele Johnston, Rt 5 Box 512, Big Sandy, Texas 75755

Stephen Kyle Johnston, 678 Fawn Drive, Houston, Texas 77015

David A. Jones, 733 W. 43rd St., Houston, Texas 77018

Dennis Jones, P.O. Box 1027, Lufkin, Texas 75902

V. Sue Koenig, 1803 Silverado Dr., Weatherford, Texas 76087

S. Christopher LaRue, 10878 Westheimer Rd #373, Houston, Texas 77042-3202

David M. Leibowitz, 111 Soledad St. Ste. 2000, San Antonio, Texas 78205-2293

Napoleon Madrid, 7811 Wild Eagle, San Antonio, Texas 78255

Raymundo Mancera, 2319 Tremont Ave., El Paso, Texas 79930-1113

Alberto T. Martinez, P.O. Box 549, San Diego, Texas 78384

Ricardo A. Martinez, 154 Todd St., San Antonio, Texas 78214

Michael E. McLelland, 918 Antelope, Corpus Christi, Texas 78401

Steve Mendoza, P.O. Box 291216, San Antonio, Texas 78229-1216

Norbon E. Mitchell, 1709 Martel, Fort Worth, Texas 76103

William E. Muirhead, 158 Countrywood Est., Cleveland, Texas 77327

Alice Oliver-Parrott, 480 Thunder Canyon Rd, Canyon Lake, Texas 78133-5459

Morris L. Overstreet, 905 Congress Ave., Austin, Texas 78701

James Partsch-Galvan, 1611 Holman, Houston, Texas 77004

Robert L. Penrice, 2000 Professional Bldg, Loop 197, Texas City, Texas 77590

Stephen R. Pipkin, P.O. Box 372, Spring, Texas 77383

Fernando R. Ramirez, 2735 Lakeshore Dr., Port Arthur, Texas 77640

Nathan Reid, P.O. Box 901, Sugar Land, Texas 77487

Daniel Rivas, P.O. Box 36122, Houston, Texas 77236-6122

Rafael Rodriguez, 4555 Black Rock, Dallas, Texas 75211

Christina M. Ryan, 27129 Paula Lane, Conroe, Texas 77385

James G. Samek Jr., P.O. Box 12, Spring, Texas 77383-0012

Victor Smith, 1423 W. Red Bird Lane, Dallas, Texas 75232

Juan F. Solis III, 907 W. Kirk, San Antonio, Texas 78226

Charles L. Tilton II, 1123 Timber Elm, Seguin, Texas 78155

Rudy G. Vasquez, P.O. Box 3664, Houston, Texas 77253-3664

Melva Washington-Becnel, 2403 Arbor, Houston, Texas 77004

Larry M. Wessels, P.O. Box 340, LaGrange, Texas 78945

Roger Williams, P.O. Box 518, Weatherford, Texas 76086

Ron Wilson, P.O. Box 2910, Austin, Texas 78768

Paul Womack, P.O. Box 774, Georgetown, Texas 78627

Michael Yarbrough, 1314 Texas Ave. #515, Houston, Texas 77002

Deadline: Semiannual GPAC Report due January 15, 2002

Sheila A. Holbrook-White, Texas Citizen Action PAC, P.O. Box 10231, Austin, Texas 78756

Richard M. Lannen, Jesse Oliver Campaign, 3800 Marin St., Suite E, Dallas, Texas 75226

Josephine Z. Chavez, Texas Political & Legislative Committee, USA District #12 PAC Fund, 12821 Industrial Rd, Houston, Texas 77015

Joe P. Barnett, Citizens For Honesty In Taxation, P.O. Box 13162, Arlington, Texas 76094

G. Daniel Mena, Unity 94 El Paso County, 3233 N. Piedras, El Paso, Texas 79930-3703

Mary K. Misko, San Antonio PAC, 602 E. Commerce, San Antonio, Texas 78205

Jack Baxley, Fort Worth Associated General Contractors PAC, 417 Fulton St., Fort Worth, Texas 76104

Charles M. Miles, Black Voter Action Project, 7204 Marywood Cr., Austin, Texas 78723

Vicki L. Hoover, Rockwall County Democratic Party PAC, 6209 Scenic Dr., Rowlett, Texas 75088

Ginger Harriel, Wichita Falls Police Officers Assn. PAC, P.O. Box 2561, Wichita Falls, Texas 76304

Steven A. Bennett, Friends of Sandy Kress, John Sharp, Paul Hobby, David Cain & Royce West, 1700 Pacific Ave., #4100, Dallas, Texas 75201

William M. Eastland, Texans For Freedom, P.O. Box 13162, Arlington, Texas 76094-0162

Alfred Adask, Equity Under All Law, 9794 Forest Lane #159, Dallas, Texas 75243

David W. Gilbreath, Taxpayers For Economic Accountability, 801 Norton, Mesquite, Texas 75149

Fred Lehmann, Grayson County Democratic Party PAC, 100 N. Travis St. #206, Sherman, Texas 75090-0014

Eartha Dotson, Galveston County Democrats Club, 1405 Appomattox Dr., Texas City, Texas 77591

Vidal G. DeLeon, McLennan County Mexican Americans For Better Government PAC, 1619 Baylor Ave., Waco, Texas 76706

Pat Stevens, South Denton County PAC, 2025 Aspen Dr., Highland Village, Texas 75067

Keith Hogan, Friends Of Education, P.O. Box 81, Victoria, Texas 77902

William M. Eastland, Texans For Freedom In Education, P.O. Box 13162, Arlington, Texas 76094-0162

William M. Eastland, Free Republican Caucus, P.O. Box 13162, Arlington, Texas 76094-0162

Ernest Martinez, Democratic Party Of Bexar County, 301 S. Frio #163, San Antonio, Texas 78207

J. R. Tyson, DOG PAC, P.O. Box 1326, Alvin, Texas 77512

H. J. Johnson, Pleasant Wood Pleasant Grove PAC, P.O. Box 150408, Dallas, Texas 75305-0408

Janice L. Burkholder, Pathfinders Republican Women's Club, 21 Towering Pines Dr., The Woodlands, Texas 77381

Richard A. Solo, 8th District Democrats, 4107 Harvest Hill Rd Apt. 1187, Dallas, Texas 75244-6321

Terry Zettle, Irving Police Assn. PAC, 845 Falcon Lane, Coppell, Texas 75019-5923

Kenneth Stinson, Glass, Molders, Pottery, Plastics & Allied Workers International Union Local Union #284, 208 Eckman, Longview, Texas 75602

Roberto A. Calderon, El Paso County Sheriff's Officers Assn., Inc., 11536 Spencer, El Paso, Texas 79936

William E. Muirhead, Muirhead Election Committee, 158 Countrywood Est., Cleveland, Texas 77327

Joe P. Barnett, Independent Committee Supporting John B. Hawley For Supreme Court, Pl. 1, P.O. Box 13162, Arlington, Texas 76094

Edward T. Wendler Sr., 21st Century Democrats, 106 Golden Cove, Kyle, Texas 78640

Fred Lehmann, Texoma PAC, 100 N. Travis St. #206, Sherman, Texas 75090-0014

Randhir Sahni, Indo American PAC, 1990 Post Oak Blvd #1200, Houston, Texas 77056-3812

Caryl Bunton, ASSIST PAC, P.O. Box 55763, Houston, Texas 77255

Rayette M. Fulk, Houston Friends For Better Education, 1220 Augusta, Houston, Texas 77057

Rayette M. Fulk, Houston Friends For Good State Government, 1220 Augusta, Houston, Texas 77057

Rayette M. Fulk, Houston Citizens For Better Education, 1220 Augusta, Houston, Texas 77057

Rayette M. Fulk, Houston Taxpayers For Better Education, 1220 Augusta, Houston, Texas 77057

Rayette M. Fulk, Houston Education Fund, 1220 Augusta, Houston, Texas 77057

Michael H. Jones, Voice Of The Elephant, 5744 Danciger Dr., Fort Worth, Texas 76112-3951

Kenneth M. Bryan, Third Coast, 1122 Colorado #2105, Austin, Texas 78701

Rayette M. Fulk, Houston Parents For Better Education, 1220 Augusta, Houston, Texas 77057

Arnold Pedraza, American Hispanics On Reform & Accountability, P.O. Box 3916, McAllen, Texas 78502

Tom Willich, Lockheed Martin IMS Good Government Committee, 1200 K St. NW, Washington, DC 20005

Clarence B. Bagby, Houston Historic Preservation PAC, 2003 Kane St., Houston, Texas 77007-7612

David Jackson, Republican Communications Network PAC, P.O. Box 703936, Dallas, Texas 75370-3936

Fernando Contreras Jr., Southside Democrats, P.O. Box 37278, San Antonio, Texas 78237-0278

Eric W. Thode, Republican Party Of Fort Bend County (CEC), 231 River Grove Rd, Sugarland, Texas 77478-4749

Nancy Hrobar, Van Zandt County Assn. Of Taxpayers, 14232 FM 773, Ben Wheeler, Texas 75754

Louis T. Getterman III, Williamson County Republican Party General Election Campaign Fund, P.O. Box 1653, Georgetown, Texas 78627

Daniel K. Cook, Green Party Of Dallas/Fort Worth, P.O. Box 2501, Arlington, Texas 76004

Brad Bacom, TALI-PAC, 275 Circle Dr., Bridge City, Texas 77611

Raul E. Ruiz, Stonewall Democrats - Houston, 3730 Kirby Dr. #418, Houston, Texas 77098

Floyd E. Hodges Jr., Texans For Good Government, 280 W. Renner Rd #2611, Richardson, Texas 75081

H. R. Moseley, Vidor Police Assn. PAC, P.O. Box 1266, Mauriceville, Texas 77626

Peter L. Bargmann, Judicial Elections For Texas PAC, 660 Preston Forest Center #LB 362, Dallas, Texas 75230-2718

Karen K. Tarry, Doctors For Better Government, 5615 Morningside Dr. #402, Houston, Texas 77005

James R. Reynolds, Texans For Quality Health PAC, 4600 Tamarisk Cove, Austin, Texas 78747

John D. Poole II, Southern Party Of Texas PAC, P.O. Box 7452, Huntsville, Texas 77342

Louise M. Karr, Bandera County Alliance Of Taxpayers, P.O. Box 381, Lakehills, Texas 78063

Anthony R. Godinez, Judge Murray Moore Campaign Committee, 815 Produce Rd, Hidalgo, Texas 78557

David T. LaPlante, San Antonio Coalition Of Politically Active Christians, P.O. Box 460834, San Antonio, Texas 78246

Dwight E. Jefferson, Verner Liipfert Texas PAC, Verner, Liipfert, Bernhard, McPherson, 1111 Bagby Ste. 4700, Houston, Texas 77002

Estefana Martinez, Committee To Elect Jose Menendez, 114 Olga Dr., San Antonio, Texas 78237

Tim Chowdhury, Rio Grande Valley Physicians PAC, 1200 South 2nd St. #12-B, McAllen, Texas 78501-2905

Vance J. Beaudreau, Southern Independent Party, 1605 E. William J. Bryan Pkwy, Bryan, Texas 77803

James Logan, Travis County Republican PAC, 1609 Shoal Creek Blvd, Ste. 204, Austin, Texas 78701

Harry H. Nelson, First Monday PAC, 613 Santa Monica Place, Corpus Christi, Texas 78411

Irene Morales-Russell, Citizens For Legal Ethics And Neutrality, 600 Toronto Ave., Apt. 36, McAllen, Texas 78503-3072

Christopher C. Stevens, Texas Conservative Caucus, 4800 Dakota St., Dickinson, Texas 77539

Leslie J. Baldwin, El Paso Pachyderms Pack Fund, 7900 Viscount Blvd, Apt. 281, El Paso, Texas 79925-5714

Michael J. Warner, Texas Amusement Association PAC, P.O. Box 92167, Austin, Texas 78709

Curtis B. Carden, Texas Tax Relief, 21226 Park Bend Dr., Katy, Texas 77450-4143

John Carpenter, Pecos County Greens, P.O. Box 501, Fort Stockton, Texas 79735-0501

Brande C. Yarnell, Capital Area Democratic Women PAC, 7708 Kincheon Ct., Austin, Texas 78749

John R. King, Committee for Private Property Rights, 5203 CR 1470, Lubbock, Texas 79407

Rene A. Ramirez, South Texans for Proposition 2, 1712 Pin Oak Rd, Edinburg, Texas 78539

Gaylon Hull, KB Home North Texas PAC, 2611 Westgrove, Ste. 101, Carrollton, Texas 75006

Deadline: Speaker Report due March 1, 2002

Patrick B. Haggerty, 4529 Monahans, El Paso, Texas 79924

Deadline: Monthly MPAC Report due November 5, 2001

Jeffrey J. Benavidez, San Antonio Ironworkers PAC, 4318 Clark Ave., San Antonio, Texas 78223

Don L. King, Sensitive Care PAC, 500 N. Akard St. #3960, Dallas, Texas 75201-6604

Kathleen P. Batchelor, Bedford Leadership Forum, 23251 County Road 460, Mineola, Texas 75773-9799

Leonard T. Dunnahoe, Uncommon Sense, 214 St. Mary's Place, Rockwall, Texas 75087

Chris D. Walling, Friends of Law Enforcement, P.O. Box 276, Wall, Texas 76957

Deadline: Monthly MPAC Report due December 5, 2001

Jeffrey J. Benavidez, San Antonio Ironworkers PAC, 4318 Clark Ave., San Antonio, Texas 78223

Raymond R. Hernandez, International Longshoremen's Assn. Local #24, 7811 Harrisburg, Houston, Texas 77012

Don L. King, Sensitive Care PAC, 500 N. Akard St. #3960, Dallas, Texas 75201-6604

Kathleen P. Batchelor, Bedford Leadership Forum, 23251 County Road 460, Mineola, Texas 75773-9799

Leonard T. Dunnahoe, Uncommon Sense, 214 St. Mary's Place, Rockwall, Texas 75087

Chris D. Walling, Friends of Law Enforcement, P.O. Box 276, Wall, Texas 76957

Deadline: Monthly MPAC Report due January 7, 2002

Jeffrey J. Benavidez, San Antonio Ironworkers PAC, 4318 Clark Ave., San Antonio, Texas 78223

Jay S. Simpson, Houston Gay & Lesbian Political Caucus PAC, 3911 Marlowe, Houston, Texas 77005

Don L. King, Sensitive Care PAC, 500 N. Akard St. #3960, Dallas, Texas 75201-6604

Kathleen P. Batchelor, Bedford Leadership Forum, 23251 County Road 460, Mineola, Texas 75773-9799

Leonard T. Dunnahoe, Uncommon Sense, 214 St. Mary's Place, Rockwall, Texas 75087

Deadline: Monthly MPAC Report due February 5, 2002

Jeffrey J. Benavidez, San Antonio Ironworkers PAC, 4318 Clark Ave., San Antonio, Texas 78223

Mark Wood, Houston Gay & Lesbian Political Caucus PAC, 1701 Hermann Dr. #3402, Houston, Texas 77004

Don L. King, Sensitive Care PAC, 500 N. Akard St. #3960, Dallas, Texas 75201-6604

Leonard T. Dunnahoe, Uncommon Sense, 214 St. Mary's Place, Rockwall, Texas 75087

TRD-200203061

Tom Harrison

Executive Director

Texas Ethics Commission

Filed: May 17, 2002


Golden Crescent Workforce Development Board

Public Notice

The Golden Crescent Workforce Development Board will release its Request for Proposals for the operation and management of the Golden Crescent Workforce Centers on May 31, 2002.

The Board is responsible for administering an integrated workforce development system, including job training, employment, and employment-related educational programs.

The geographic area to be served includes Calhoun, DeWitt, Goliad, Gonzales, Jackson, Lavaca, and Victoria Counties.

A complete set of specifications may be obtained from Judy Self at 120 South Main #501, Victoria, Texas, Phone: (361) 576-5872, Fax: (361) 573-0225, or email: judy.self@twc.state.tx.us.

A bidders' conference will be held at 2:30 p.m. CST, on June 11, 2002.

TRD-200203059

Judy Self

Administrative Clerk

Golden Crescent Workforce Development Board

Filed: May 17, 2002


Revised Public Notice

The Golden Crescent Workforce Development Board will release its Request for Proposals for the operation and management of the Golden Crescent Workforce Centers on May 31, 2002.

The Board is responsible for administering an integrated workforce development system, including job training, employment, and employment-related educational programs.

The geographic area to be served includes Calhoun, DeWitt, Goliad, Gonzales, Jackson, Lavaca, and Victoria Counties.

A complete set of specifications may be obtained from Judy Self at 120 South Main #501, Victoria, Texas, Phone: (361) 576-5872, Fax: (361) 573-0225, or email: judy.self@twc.state.tx.us.

A bidders' conference will be held at 2:30 p.m. CST, on June 10, 2002 .

TRD-200203099

Judy Self

Administrative Clerk

Golden Crescent Workforce Development Board

Filed: May 20, 2002


Texas Department of Health

Correction of Error

The Texas Department of Health adopted 25 TAC, §§61.31-61.42,concerning Breast and Cervical Cancer Control Program. The rules were published in the May 17, 2002, issue of the Texas Register (27 TexReg 4355).

In the preamble on page 4356, the commenter was incorrectly identified as the "San Antonio Metropolitan Health District". The University of Texas Medical Branch made the comments.

TRD-200203174

Filed: May 23, 2002


Licensing Actions for Radioactive Materials

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TRD-200203096

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: May 20, 2002


Notice of Amendment 43 to the Uranium Byproduct Material License of Conoco, Inc.

The Texas Department of Health (department) gives notice that it has amended uranium by-product material license L01634 issued to Conoco, Inc. (mailing address: P.O. Box 309, Falls City, Texas, 78113). Amendment 43 authorizes the licensee to change monitoring well sampling requirements from quarterly to semiannually, and updates standard conditions.

The department's Bureau of Radiation Control, Division of Licensing, Registration and Standards has determined, pursuant to 25 Texas Administrative Code (TAC), Chapter 289, that the licensee has met the standards appropriate to this amendment.

This notice affords the opportunity for a public hearing upon written request by a person affected by the amendment of this license. A written hearing request must be received, from a person affected, within 30 days from the date of publication of this notice in the Texas Register . A person affected is defined as a person who demonstrates that the person has suffered or will suffer injury or economic damage and, if the person is not a local government, is (a) a resident of a county, or a county adjacent to the county, in which radioactive material is or will be located; or (b) doing business or has a legal interest in land in the county or adjacent county.

A person affected may request a hearing by writing Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189. Any request for a hearing must contain the name and address of the person who considers himself affected by agency action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is to be represented by an attorney, the name and address of the attorney also must be stated. Should no request for a public hearing be timely filed, the license amendment will remain in effect.

A public hearing, if requested, shall be conducted in accordance with the provisions of Texas Health and Safety Code, §401.264, the Administrative Procedure Act (Texas Government Code, Chapter 2001), the formal hearing procedures of the department (25 Texas Administrative Code, §1.21 et seq.), and the procedures of the State Office of Administrative Hearings (1 Texas Administrative Code, Chapter 155).

Copies of all relevant material are available for public inspection and copying at the Bureau of Radiation Control, Texas Department of Health, 8407 Wall Street, Austin, Texas. Information relative to the amendment of this specific radioactive material license may be obtained by contacting Chrissie Toungate, Custodian of Records, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189; E-mail: Chrissie.Toungate@tdh.state.tx.us; by calling (512) 834-6688; or by visiting 8407 Wall Street, Austin, Texas.

TRD-200203135

Susan Steeg

General Counsel

Texas Department of Health

Filed: May 22, 2002


Notice of Amendment to the Radioactive Material License of Waste Control Specialists, LLC

Notice is hereby given by the Texas Department of Health (department), Bureau of Radiation Control that it has amended Radioactive Material License Number L04971 issued to Waste Control Specialists, LLC (WCS) located in Andrews County, Texas, one mile North of State Highway 176; 250 feet East of the Texas/New Mexico State Line; 30 miles West of Andrews, Texas.

The issuance of amendment number 18 changes the mailing address of the licensee as specified on the license document.

The department has determined that the amendment of the license, 25 Texas Administrative Code (TAC), Chapter 289, and the documentation submitted by the licensee provide reasonable assurance that the licensee's radioactive waste facility is sited, designed, operated, and will be decommissioned and closed in accordance with the requirements of 25 TAC, Chapter 289; the amendment of the license will not be inimical to the health and safety of the public or the environment; and the activity represented by the amendment of the license will not have a significant effect on the human environment.

This notice affords the opportunity for a public hearing upon written request within 30 days of the date of publication of this notice by a person affected as required by Texas Health and Safety Code, §401.116 and as set out in 25 TAC, §289.205(f). A "person affected" is defined as a person who demonstrates that the person has suffered or will suffer actual injury or economic damage and, if the person is not a local government, is (a) a resident of a county, or a county adjacent to a county, in which the radioactive material is or will be located; or (b) doing business or has a legal interest in land in the county or adjacent county.

A person affected may request a hearing by writing Mr. Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control, 1100 West 49th Street, Austin, Texas 78756-3189. Any request for a hearing must contain the name and address of the person who considers himself affected by this action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is represented by an agent, the name and address of the agent must be stated. Should no request for a public hearing be timely filed, the agency action will be final.

A public hearing, if requested, shall be conducted in accordance with the provisions of Texas Health and Safety Code, Chapter 401, the Administrative Procedure Act (Chapter 2001, Texas Government Code), the formal hearing procedures of the department (25 TAC, §1.21 et seq.) and the procedures of the State Office of Administrative Hearings (1 TAC, Chapter 155).

A copy of the license amendment and supporting materials are available for public inspection and copying at the office of the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688, 8:00 a.m. to 5:00 p.m. Monday-Friday (except holidays). Information relative to inspection and copying the documents may be obtained by contacting Chrissie Toungate, Custodian of Records, Bureau of Radiation Control.

TRD-200203098

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: May 20, 2002


Notice of Public Hearing on the Children with Special Health Care Needs Services Program Rules

A public hearing to obtain stakeholder input concerning revisions to the Children With Special Health Care Needs (CSHCN) Program rules will be conducted by the Texas Department of Health (department) on June 17, 2002 from 10:00 a.m. to 3:00 p.m., in the Public Hearing Room, Riata Building, 12545 Riata Vista Circle, Austin, Texas 78727.

Comments are requested related to changes in the CSHCN program eligibility guidelines; limitation of some services; and revision to the procedure for removing clients from the waiting list to receive program services. Possible rule changes will affect 25 Texas Administrative Code (TAC) §§38.2 - Definitions; 38.3 - Eligibility for Client Services; 38.4 - Covered Services; 38.10 - Payment of Services; and 38.12 - Denial, Modification, Suspension, Termination of Eligibility and/or Services.

Verbal or written comments will be accepted by the department at the public hearing on June 17, 2002. Written comments may be provided through the CSHCN website at http://www.tdh.state.tx.us/cshcn/. Comments, questions or requests for additional information may also be directed to Anita Freeman, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756 or at (512) 458-7111, ext. 3132.

TRD-200203127

Susan Steeg

General Counsel

Texas Department of Health

Filed: May 22, 2002


Notice of Request for Proposals Number 0054 for Administrative and Data Management Services for the Infertility Prevention Project

INTRODUCTION

The Texas Department of Health (department) requests applications from individuals, governmental entities, and public and private for profit and non-profit organizations to provide administrative support (Part A) and data management services (Part B) for the Prevention of Sexually Transmitted Disease (STD)-Related Infertility Project (IPP).

PURPOSE

The purpose of the IPP is to prevent STD-caused infertility in women by promoting high quality, interdisciplinary, collaborative STD prevention efforts among relevant health programs and between health programs and communities. The Texas IPP supports a number of sentinel sites across the State of Texas for the screening and treatment for chlamydia and gonorrhea of at risk women, their partners, and certain high-risk males. The purpose of Part A is to provide administrative and technical support to IPP sentinel sites, including but not limited to site recruitment, site reviews, training, and report preparation. The purpose of Part B is to provide data management services, including but not limited to creation and maintenance of files of data collected from IPP sites; analysis and electronic transmission of the data; and preparation of semiannual and annual reports.

ELIGIBLE APPLICANTS

Eligible applicants for Parts A and B include individuals, governmental entities, and public and private for profit and non-profit organizations. If applicant is currently debarred, suspended, or otherwise excluded or ineligible for participation in Federal or State assistance programs, applicant is ineligible to apply for funds under this (Request for Proposals (RFP). Applicants may apply for Part A or Part B or both.

AVAILABILITY OF FUNDS

Approximately $186,229 is expected to be available to fund two projects, one each for Parts A and B, for the period January 1, 2003, to December 31, 2003.

DEADLINE

The applicant must submit the original and six copies of the application on or before 5:00 p.m., Central Daylight Saving Time, August 5, 2002, to Ms. Sundee McKnight, Bureau of HIV and STD Prevention, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3199. Applications received after the deadline may be rejected as untimely, at the sole discretion of the department.

FOR INFORMATION

For information concerning this application, applicants should contact Ms. Sundee McKnight at the Bureau of HIV and STD Prevention at (512) 490-2525, extension 2639, or via Email at sundee.mcknight@tdh.state.tx.us.

TRD-200203128

Susan Steeg

General Counsel

Texas Department of Health

Filed: May 22, 2002


Notice of Rescission of Order on D.J. Contractors, Inc.

Notice is hereby given that the Bureau of Radiation Control, Texas Department of Health, rescinded the following order: Revocation Order issued February 28, 2002, to D.J. Contractors, Inc., 1617 East Missouri, El Paso, Texas 79902, holder of Radioactive Material License Number L04635.

A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Texas Department of Health, the Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200203136

Susan Steeg

General Counsel

Texas Department of Health

Filed: May 22, 2002


Notice of Request for Proposals for the School Health Program's 2002/2003 School Year

INTRODUCTION

The Texas Department of Health (department) School Health Program announces the expected availability of approximately $125,000 of fiscal year 2003 Maternal and Child Health Block Grant funds to provide start-up funding for one model school-based health center that delivers primary and preventive health services and related social services to a school-age population on a school campus. Eligible applicants are school districts, charter schools, and school district cooperatives. The maximum funding available to the selected applicant's school-based health center project for the first budget period is $125,000. It is expected that the contract will begin on or about December 1, 2002, and will be made for a nine month budget period within a project period of three years.

DESCRIPTION OF ACTIVITIES

Funding is available for school-based health centers that deliver primary and preventive health services and related social services to a school-age population on a school campus.

ELIGIBLE APPLICANTS

Eligible applicants are school districts, charter schools, and school district cooperatives.

AVAILABILITY OF FUNDS

Approximately $125,000 of fiscal year 2003 Maternal and Child Health Block Grant funds will be available. The maximum funding available for the selected applicant's school-based health center project for the first budget period is $125,000.

BUDGET PERIOD

It is expected that the contract will begin on or about December 1, 2002, and will be made for a nine month budget period within a project period of three years.

REVIEW AND AWARD CRITERIA

Proposals will be evaluated relative to the four criteria described below. Each criterion will count for a percentage of the evaluation score. (1) Collaboration will count for 25%, (2) Administration and (3) Prevention will count for 30% each, while (4) Outcomes will count for 15% of the evaluation score. The criteria form the basis for the review tools that will be used to evaluate and score the applications. Bonus points (5% of total score) will be given to applicants located in rural areas. "Rural" is defined as a county with a population not greater than 50,000. Bonus points (5% of total score) will also be given to applicants located in a school district that is in the bottom 25th percentile in regard to low property wealth per student. The Texas Education Agency will provide current data regarding which districts fall in the lower 25th percentile in regard to low property wealth per student.

DEADLINE

Proposals must be submitted to Joe Serrano, Acting Manager, Contract Management Section, Provider Relations Division, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3199, on or before 5:00 p.m., Central Daylight Saving Time, September 27, 2002.

FOR INFORMATION

For a copy of the Request for Proposals and other information, contact Joe Serrano, Acting Manager, Contract Management Section, Provider Relations Division, (512) 458-7641 or by email: joe.Serrano@tdh.state.tx.us or by accessing the contract management website at: http://www.tdh.state.tx.us/afh-contracts/default.htm.

TRD-200203097

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: May 20, 2002


Texas Health and Human Services Commission

Correction of Errors

The Texas Health and Human Services Commission (HHSC) published proposed amendments to 1 TAC Chapter 355, concerning Medicaid Reimbursement Rates. The rules appeared in the May 10, 2002, issue of the Texas Register (27 TexReg 3870).

Due to errors in the agency's submission, the preamble to §355.451, concerning governing definitions and general reimbursement information, contained errors in background and summary of factual basis paragraph and in the statement of public benefit paragraph. Those paragraphs are corrected to read as follows:

"Section 531.021, Government Code, entitled "Administration of Medicaid Program," provides, among other things, that HHSC adopt rules and standards to govern the determination of fees, charges, and rates for medical assistance payments under Chapter 32, Human Resources Code, in consultation with the agencies that operate the Medicaid program."

"Steve Lorenzen, Director, Medicaid Rates Setting, has determined that during the first five years that the proposed amendments are in effect, the public benefit is that there will be a full reporting of costs to the ICF/MR provider every year instead of just the rebasing year."

Questions about the corrected paragraphs should be directed to Mary Ann Roberts, Manager, HHSC Medicaid Rates and Analysis, Health and Human Services Commission, by mail to P.O. Box 12668, Austin, Texas 78711, by fax to (512) 206-5673, or by phone to (512) 206-5682.

The agency's submission contained errors in §355.701 concerning definitions and general specifications and §355.743, concerning reimbursement methodology for Service Coordination and new §355.744 concerning Service Coordination definitions for Mental retardation Local Authority (MRLA) program, §355.745 concerning service limitations for Service Coordination through MRLA, and §355.746, concerning reimbursement methodology for MRLA Service Coordination.

The errors were in the preamble paragraphs that explained the amendments on page 3871. Those paragraphs are corrected to read as follows:

"Subsection (a) of §355.701 is amended to state that cost data is required to be submitted annually. The amendment to §355.743(a) corrects a reference, and the amendment to §355743(e)(1) removes a reference to an extraneous date."

"New §§355.744 - 355.746 maximize the state's opportunity to draw federal funds to cover allowable costs in community settings. The amendments will create another service coordination rate for those individuals with Mental Retardation being served through the MRLA program. Currently, the state sets a single rate for service coordination provided to all individuals with mental retardation. The amendments will result in one rate for persons being served through the MRLA program and another rate for all other individuals with mental retardation."

Questions about the corrected paragraphs should be directed to Mary Ann Roberts, Manager, HHSC Medicaid Rates and Analysis, Health and Human Services Commission, by mail to P.O. Box 12668, Austin, Texas 78711, by fax to (512) 206-5673, or by phone to (512) 206-5682.

TRD-200203131


Houston-Galveston Area Council

Notice of Public Meeting

Public Meeting on the 2003 Unified Planning Work Program (UPWP), and Amendments to the 2022 Metropolitan Transportation Plan (MTP) and the 2002-2004 Transportation Improvement Program (TIP)

Tuesday, June 11, 2002

3555 Timmons Lane, 2nd Floor Conference Room A

4:30 p.m. - 6:30 p.m.

On Tuesday, June 11, 2002, the Houston-Galveston Area Council (H-GAC) will host a public meeting on the 2003 Unified Planning Work Program (UPWP), and proposed amendments to the 2022 Metropolitan Transportation Plan (MTP) and the 2002-2004 Transportation Improvement Program (TIP). The public is encouraged to attend this important meeting and provide comments to H-GAC.

The UPWP outlines the proposed tasks and estimated cost associated with conducting the region's transportation planning and research for the year. Proposed amendments to be discussed include:

* TIP Amendment 123 - intersection improvement at Clay Road and SH 6 to prevent a bottleneck

* TIP Amendment 124 - lengthen and widen the bridge over Gessner and improve drainage at the intersection, as part of the IH-10 reconstruction project

The public comment period on the UPWP and the two amendments begins Friday, May 24, 2002, and all comments must be received by H-GAC no later than 5 p.m., Monday, June 24, 2002. Written comments may be submitted to Jerry Bobo, Houston-Galveston Area Council, P.O. Box 22777, Houston, Texas 77227, or jbobo@hgac.cog.tx.us. Comments can also be faxed to (713) 993-4508.

Copies of the UPWP and the two proposed amendments will be available at the meeting and at www.hgac.cog.tx.us/transportation, or by calling (713) 627-3200. For more information, please contact Jerry Bobo, Transportation Program Manager, at (713) 993-4571 or jbobo@hgac.cog.tx.us.

In compliance with the Americans with Disabilities Act, H-GAC will provide for reasonable accommodations for persons with disabilities attending H-GAC functions. Requests should be received by H-GAC 24 hours prior to the function. Call Jerry Bobo at (713) 993-4571 to make arrangements.

TRD-200203121

Alan Clark

MPO Director

Houston-Galveston Area Council

Filed: May 21, 2002


Texas Department of Human Services

Request for Proposal for the Food Stamp Nutrition Education Program

The Texas Department of Human Services (DHS) is requesting proposals from applicant organizations for the provision of a Food Stamp Nutrition Education Program (FSNEP).

Description of Services: The United States Department of Agriculture (USDA), through Food and Nutrition Services (FNS), encourages states to submit nutrition education plans to supplement their Food Stamps programs. Of the fifteen nutrition assistance programs administered by FNS, the Food Stamp Program is the cornerstone of the USDA/FNS nutrition assistance program. The FNS Guidance Plan for 2003 places increased emphasis on improved dietary practices. This program provides opportunities to reach recipients with nutrition and lifestyle messages that encourage healthy behaviors. Lack of knowledge of appropriate and nutritious foods can lead to major health and developmental problems. The goal of the FSNEP is to provide nutrition education programs that increase the likelihood of food stamp recipients making healthy food choices, reinforce budgetary considerations for a low-income population, and are consistent with the current dietary advice reflected in the Dietary Guidelines for Americans and the Food Guide Pyramid.

Closing Date: Deadline for submission of proposals is 5:00 p.m. CDT, July 1, 2002. Proposals should be sent to Rex Miller, Texas Department of Human Services, 701 West 51st Street, MC W-323, Austin, Texas 78751.

Terms/Amount of Contract: The contract period is October 1, 2002, through September 30, 2003. At the department's option, this contract may be renewed on an annual basis, for a period not to exceed four years without being subject to further competition. The contract amount is determined based on the proposal submitted and funding by USDA/FNS.

Selection and Evaluation: Proposals will be evaluated on relevant experience, technical merit, timeline schedule and proposed budget.

Contact Person: The proposal is posted on the Electronic State Business Daily. For more information, please call or write Rex Miller (512) 438-4739, Texas Department of Human Services, Texas Works Program Administration, MC W- 323, P.O. Box 149030, Austin, Texas 78714.

Bidders' Conference: A Bidders' Conference (participation optional) is scheduled for June 10, 2002 at 10:00 am. It will be located at 701 West 51st Street, Austin, Texas 78751. Deadline for notification to be included in the Bidders' Conference is June 6, 2002.

TRD-200203115

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Filed: May 21, 2002


Texas Department of Insurance

Notice of Public Hearings

The Commissioner of Insurance will conduct a public hearing under Docket Number 2523 for the purpose of selecting a licensing testing contractor to provide certain services under the Insurance Code, Article 21.01-1. The hearing is scheduled for June 7, 2002, at 1:00 p.m. in Room 100 of the William P. Hobby State Office Building, 333 Guadalupe Street in Austin, Texas. The hearing is held in compliance with the Insurance Code, Article 21.01-1, which requires that the department hold a public hearing prior to the selection of a licensing testing contractor.

RFP No. 02-RBD-LicTesting1. On February 15, 2002, the department issued a Request for Proposals (RFP) for the purpose of acquiring a contractor to provide testing services that meet the examination requirements for persons seeking license as agents, solicitors, counselors, or adjusters under the Insurance Code. The department's notice of issuance of the RFP was posted electronically on the Texas Building and Procurement Commission's (TBPC) Electronic State Business Daily web page and was sent via e-mail to vendors on TBPC's Centralized Master Bidders List (CMBL) who were registered to receive bids matching the services in the RFP. The deadline for the department's receipt of proposals was 3:00 p.m., March 15, 2002. The department received two proposals in response to the RFP.

Project Description. The selected contractor shall provide the department with testing services that include examination development, test scheduling, examination site arrangement and the test's administration, grading, reporting and analysis. The selected contractor shall cooperate with advisory boards, if any, appointed by the Commissioner of Insurance under the Insurance Code, Article 21.01-1. The required services are described in the department's RFP and in 28 Texas Administrative Code §§19.1101 through 19.1110.

Proposal Evaluation and Award. All proposals were reviewed and evaluated by an evaluation committee based on the evaluation criteria set forth in the RFP. The evaluation committee will submit its recommendations to the Commissioner of Insurance prior to or during the June 7, 2002 public hearing for the selection of the contractor. See also 28 Texas Administrative Code §§19.1101 through 19.1110.

The department reserves the right to reject any or all proposals or offers deemed not to be in the best interests of the department or the State of Texas. The department will not make any payments to any contractor for services performed or costs incurred under the terms of or in connection with any contract awarded as a result of the department's issuance of the RFP. The selected contractor's sole compensation will be through the contractor's collection from applicants of certain specific fees that have been approved by the department in writing as described in the RFP. The department will not make any payments for any costs incurred by any contractor in preparing a proposal response to the RFP; such costs may not be recouped by the selected contractor under the terms of any resulting contract.

Anticipated Schedule

It is anticipated that the selection of a contractor for the performance of services to begin effective September 1, 2002 will proceed according to the following approximate timetable.

TDI appointment of Evaluation Committee April 29, 2002

TDI public hearing to make selection June 7, 2002

Contract signed June 15, 2002

TDI appointment of Advisory Board July 31, 2002

Advisory board review of proposed examinations August, 2002

Design and implementation of new system June 15 through September 1, 2002

New system operational September 1, 2002

The department reserves the right to change these dates.

Contacts. Interested persons may request a copy of the department's RFP by contacting Ms. Regina B. Durden, Director of Purchasing and Contract Administration, Mail Code 108-1B, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 463-6174. For further information regarding the hearing, contact the Office of Chief Clerk, Mail Code 113-2A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 463-6327.

TRD-200203094

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: May 20, 2002


Third Party Administrator Applications

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

Application for incorporation in Texas of RMS Texas, L.L.C., (using the assumed name of Risk Management Services), a domestic third party administrator. The home office is Beaumont, Texas.

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

TRD-200203056

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: May 16, 2002


Texas Lottery Commission

Instant Game No. 286 "Break The Bank"

1.0 Name and Style of Game.

A. The name of Instant Game No. 286 is "BREAK THE BANK". The play style is a key number match".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 286 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 286.

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, MONEY STACK, $1.00, $2.00, $4.00, $6.00, $10.00, $20.00, $50.00, $200, $1,000, $3,000, 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 of this section Figure 1:16 TAC GAME NO. 286 - 1.2D

[graphic]

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

Table 2 of this section. Figure 2:16 TAC GAME NO. 286 - 1.2E

[graphic]

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

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

G. Low-Tier Prize - A prize of $2.00, $4.00, $6.00, $8.00, 10.00, $12.00, or $20.00.

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

I. High-Tier Prize - A prize of $1,000, $3,000, or $30,000

J. Bar Code - A 20 character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number and eight (8) digits of the Validation Number and a two (2) digit filler. 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 (286), 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: 286-0000001-000.

L. Pack - A pack of "BREAK THE BANK" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of two. Tickets 000 to 001 are on the top page, tickets 002 to 003 are on the next page, and so forth with tickets 248 to 249 on the last page. Ticket 249 will be folded down to expose the pack-ticket number through the shrink-wrap.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "BREAK THE BANK" Instant Game No. 286 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 "BREAK THE BANK" Instant Game is determined once the latex on the ticket is scratched off to expose 19 (nineteen) play symbols. If any of the player's YOUR NUMBERS match one of the three (3) LUCKY NUMBERS, the player will win the prize amount shown for that number. If the player gets a money stack symbol, the player will win the prize automatically. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 19 (nineteen) 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 19 (nineteen) 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 19 (nineteen) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 19 (nineteen) 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. Non-winning prize symbols will not match a winning prize symbol on a ticket.

C. No duplicate LUCKY NUMBERS on a ticket.

D. There will be no correlation between the matching symbols and the prize amount.

E. The auto win symbol will never appear more than once on a ticket.

F. No duplicate non-winning play symbols on a ticket.

2.3 Procedure for Claiming Prizes.

A. To claim a "BREAK THE BANK" Instant Game prize of $2.00, $4.00, $6.00, $8.00, $10.00, $12.00. $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 "BREAK THE BANK" Instant Game prize of $1,000, $3,000, or $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 "BREAK THE BANK" 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 "BREAK THE BANK" 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 "BREAK THE BANK" 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 50,651,750 tickets in the Instant Game No. 286. The approximate number and value of prizes in the game are as follows:

Table 3 of this section Figure 3:16 TAC GAME NO. 286- 4.0

[graphic]

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 286 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. 286, 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-200203129

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: May 22, 2002


Instant Game No. 294 "Cash Lane"

1.0 Name and Style of Game.

A. The name of Instant Game No. 294 is "CASH LANE". The play style is a "key number match with doubler".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 294 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 294.

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

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

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

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

Table 1 of this section Figure 1:16 TAC GAME NO. 294 - 1.2D

[graphic]

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

Table 2 of this section. Figure 2:16 TAC GAME NO. 294 - 1.2E

[graphic]

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

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

G. Low-Tier Prize - A prize of $2.00, $4.00, $5.00, $10.00, $12.00, or $20.00.

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

I. High-Tier Prize - A prize of $2,000 or $20,000.

J. Bar Code - A 22 (twenty-two) 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 13 (thirteen) digit number consisting of the three (3) digit game number (294), 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: 294-0000001-000.

L. Pack - A pack of "CASH LANE" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of two (2). Tickets 000-001 will be on the top page. Tickets 002-003 will be on the next page and so forth and ticket 248-249 will be 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 "CASH LANE" Instant Game No. 294 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 "CASH LANE" Instant Game is determined once the latex on the ticket is scratched off to expose twenty-two (22) play symbols. If the player matches any of the YOUR NUMBERS to either WINNING NUMBER, the player will win the prize shown for that number. If the player gets a dollar bill symbol under YOUR NUMBERS, the player will win double 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 twenty-two (22) 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 twenty-two (22) 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 twenty-two (22) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the twenty-two (22) 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. No more than one pair of duplicate non-winning prize symbols on a ticket .

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

F. The dollar bill symbol will appear only on intended winning tickets as dictated by the prize structure.

G. The dollar bill symbol will never appear more than once on a ticket.

2.3 Procedure for Claiming Prizes.

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

B. To claim a "CASH LANE" Instant Game prize of $2,000 or $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 "CASH LANE" 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 "CASH LANE" 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 "CASH LANE" 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 12,178,250 tickets in the Instant Game No. 294. The approximate number and value of prizes in the game are as follows:

Table 3 of this section Figure 3:16 TAC GAME NO. 294- 4.0

[graphic]

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 294 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. 294, 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-200203130

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: May 22, 2002


Instant Game No. 295 "Giant Jumbo Bucks"

1.0 Name and Style of Game.

A. The name of Instant Game No. 295 is "GIANT JUMBO BUCKS". The play style is a "match key number with 5 time win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 295 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 295.

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, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, $1.00, $2.00, $4.00, $5.00, $10.00, $15.00, $20.00, $25.00, $40.00, $50.00, $100, $500, $1,000, $50,000, and JUMBO.

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

Table 1 of this section Figure 1:16 TAC GAME NO. 295 - 1.2D

[graphic]

[graphic]

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

Table 2 of this section. Figure 2:16 TAC GAME NO. 295 - 1.2E

[graphic]

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

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

G. Low-Tier Prize - A prize of $5.00, $10.00, $15.00, or $20.00.

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

I. High-Tier Prize - A prize of $1,000, $5,000 or $50,000.

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

K. Pack-Ticket Number - A twenty-two (22) digit number consisting of the three (3) digit game number (295), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 000 and end with 074 within each pack. The format will be: 295-0000001-000.

L. Pack - A pack of "GIANT JUMBO BUCKS" Instant Game tickets contain 75 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 000 and back of 074, while the other fold will show the back of ticket 000 and front of 074.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "GIANT JUMBO BUCKS" Instant Game No. 295 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 "GIANT JUMBO BUCKS" Instant Game is determined once the latex on the ticket is scratched off to expose 44 (forty-four) play symbols. If the player matches any of YOUR NUMBERS to any of the four SERIAL NUMBERS, the player will win the prize shown for that number. If the player gets a JUMBO symbol, the player will win five (5) times that prize. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 44 (forty-four) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have exactly 44 (forty-four) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

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

16. Each of the 44 (forty-four) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 44 (forty-four) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. No duplicate non-winning YOUR NUMBER play symbols on a ticket.

C. There will be no duplicate SERIAL NUMBER play symbols on a ticket.

D. The multiplier symbol will never appear more than once on a ticket.

E. The multiplier symbol will appear only on intended winning tickets as dictated by the prize structure.

2.3 Procedure for Claiming Prizes.

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

B. To claim a "GIANT JUMBO BUCKS" Instant Game prize of $1,000, $5,000 or $50,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 8,143,200 tickets in the Instant Game No. 295. The approximate number and value of prizes in the game are as follows:

Table 3 of this section Figure 3:16 TAC GAME NO. 295- 4.0

[graphic]

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 295 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. 295, 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-200203132

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: May 22, 2002


Instant Game No. 309 "Weekly Grand"

1.0 Name and Style of Game.

A. The name of Instant Game No. 309 is "WEEKLY GRAND". This ticket contains three (3) games indicated as Game 1, Game 2, and Game 3. The play style of Game 1 is "Your Beats Theirs". The play style of Game 2 is " Match 3". The play style of Game 3 is "Match 2 of 3".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 309 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 309.

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, $1.00, $2.00, $4.00, $5.00, $10.00, $40.00, $100, $300, MONEY BAG SYMBOL, GOLD BAR SYMBOL, POT OF GOLD SYMBOL, TOP HAT SYMBOL, CLOVER SYMBOL, DIAMOND SYMBOL, and GRAND.

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

Table 1 of this section

[Figure 1:16 TAC GAME NO. 309 - 1.2D ]

E. Retailer Validation Code - Three (3) small letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. The possible validation codes are:

Table 2 of this section.

[Figure 2:16 TAC GAME NO. 309 - 1.2E]

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

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

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

H. Mid-Tier Prize - A prize of $40.00, or $300.

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

J. Bar Code - A 22 (twenty-two) 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 13 (thirteen) digit number consisting of the three (3) digit game number (309), 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: 309-0000001-000.

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

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "WEEKLY GRAND" Instant Game No. 309 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 of the "WEEKLY GRAND" Instant Game is determined once the latex on the ticket is scratched off to expose 15 (fifteen) play symbols. In Game 1, if the player's YOUR NUMBER beats THEIR NUMBER, in any one row across, the player will win the prize for that row. If the player wins GRAND, the player will win $1,000 per week for 20 years. In Game 2, if the player matches 3 like amounts, the player will win that amount. If the player gets 3 GRAND symbols, the player will win $1,000 per week for 20 years. In Game 3, if the player matches 2 out of 3 symbols, the player will win $20 instantly. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 15 (fifteen) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have exactly 15 (fifteen) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

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

16. Each of the 15 (fifteen) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 15 (fifteen) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

19. The ticket must have been received or recorded 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 three or more like non-winning prize symbols on a ticket.

C. Non-winning prize symbols will not match a winning prize symbol on a ticket.

D. The GRAND symbol may only be used in Games 1 and Game 2.

E. In Game 1, there will be no ties between Yours and Theirs in a row.

F. There will be no duplicate games on a ticket in Game 1.

G. No duplicate non-winning prize symbols on a ticket in Game 1.

H. In Game 2, there will be no four or more of a kind.

I. In Game 3, all symbols will be used an approximately even number of times on winning and non-winning tickets.

2.3 Procedure for Claiming Prizes.

A. To claim a "WEEKLY GRAND" Instant Game prize of $2.00, $4.00, $5.00, $10.00, $20.00, $40.00, or $300, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $300 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. When claiming a "WEEKLY GRAND" Instant Game prize of GRAND, the claimant must choose one of four (4) payment options for receiving their prize:

1. Weekly via wire transfer to the claimant/winner's account. This will be similar to the current "WEEKLY GRAND" (Game 173) payment process. With this plan, a payment of $1,000.00 less Federal withholding will be made once a week for twenty years. After the initial payment, installment payments will be made every Wednesday.

2. Monthly via wire transfer to the claimant/winner's account. If the claim is made during the month, the claimant/winner will still receive the entire month's payment. This will allow the flow of payments throughout the 20 years to remain the same. With this plan, a payment of $4,337.00 less Federal withholding will be made the month of the claim. Each additional month, a payment of $4,333.00 less Federal withholding will be made once a month for 20 years. After the initial payment, installment payments will be made on the first business day of each month.

3. Monthly via wire transfer to the claimant/winner's account. If the claim is made during the quarter, the claimant/winner will still receive the entire quarter's payment. This will allow the flow of payments throughout the 20 years to remain the same. With this plan, a payment of $13,000.00 less Federal withholding will be made each quarter (four times a year) for 20 years. After the initial payment, installment payments will be made on the first business day of the first month of every quarter (January, April, July, October).

4. Annually via wire transfer to the claimant/winner's account. These payments will be made in a manner similar to how jackpot payments are currently handled. With this plan, a payment of $52,000.00 less Federal withholding will be made once a year during the anniversary month of the claim for 20 years. After the initial payment, installment payments will be made on the first business day of the anniversary month.

C. As an alternative method of claiming a "WEEKLY GRAND" Instant Game prize of $2.00, $4.00, $5.00, $10.00, $20.00, $40.00, or $300, 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 "WEEKLY GRAND" 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 $1,000 per week for 20 years from the "WEEKLY GRAND" 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 30,163,750 tickets in the Instant Game No. 309. The approximate number and value of prizes in the game are as follows:

Table 3 of this section

[Figure 3:16 TAC GAME NO. 309- 4.0]

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. 309 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. 309, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and reference in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200203102

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: May 21, 2002


Instant Game No. 310 "Reel In The Money"

1.0 Name and Style of Game.

A. The name of Instant Game No. 310 is "REEL IN THE MONEY". The play style is "yours beats theirs".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 310 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 310.

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, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $40.00, $100, and $2,000.

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

Table 1 of this section

[Figure 1:16 TAC GAME NO. 310 - 1.2D]

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

Table 2 of this section.

[Figure 2:16 TAC GAME NO. 310 - 1.2E]

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

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

G. Low-Tier Prize - A prize of $1.00, $2.00, $4.00, $5.00, $10.00, $20.00.

H. Mid-Tier Prize - A prize of $40.00 or $100.

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

J. Bar Code - A 22 (twenty-two) 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 13 (thirteen) digit number consisting of the three (3) digit game number (310), 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: 310-0000001-000.

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

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "REEL IN THE MONEY" Instant Game No. 310 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 "REEL IN THE MONEY" Instant Game is determined once the latex on the ticket is scratched off to expose nine (9) play symbols. If any of the player's YOUR FISH weigh more than the BIG FISH, the player will win the prize shown for that fish. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly nine (9) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have exactly nine (9) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

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

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

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

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

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

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

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

2.2 Programmed Game Parameters.

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

B. No duplicate Your Fish play symbols on a ticket.

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

D. No ties between Your Fish and the Big Fish Number.

2.3 Procedure for Claiming Prizes.

A. To claim a "REEL IN THE MONEY" Instant Game prize of $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $40.00 or $100, 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 $40.00 or $100 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 "REEL IN THE MONEY" Instant Game prize of $2,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "REEL IN THE MONEY" 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 "REEL IN THE MONEY" 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 "REEL IN THE MONEY" 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 12,247,500 tickets in the Instant Game No. 310. The approximate number and value of prizes in the game are as follows:

Table 3 of this section

[Figure 3:16 TAC GAME NO. 310- 4.0]

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. 310 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. 310, 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-200203103

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: May 21, 2002


Instant Game No. 350 "Bingo"

1.0 Name and Style of Game.

A. The name of Instant Game No. 350 is "BINGO". The play style is "bingo".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 350 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 350.

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: B01, B02, B03, B04, B05, B06, B07, B08, B09, B10, B11, B12, B13, B14, B15, I16, I17, I18, I19, I20, I21, I22, I23, I24, I25, I26, I27, I28, I29, I30, N31, N32, N33, N34, N35, N36, N37, N38, N39, N40, N41, N42, N43, N44, N45, G46, G47, G48, G49, G50, G51, G52, G53, G54, G55, G56, G57, G58, G59, G60, O61, O62, O63, O64, O65, O66, O67, O68, O69, O70, O71, O72, O73, O74, O75, 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, and FREE.

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

Table 1 of this section

[graphic]

[graphic]

[graphic]

[Figure 1:16 TAC GAME NO. 350 - 1.2D]

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

Table 2 of this section.

[Figure 2:16 TAC GAME NO. 350 - 1.2E]

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

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

G. Low-Tier Prize - A prize of $5.00, $10.00, $15.00, or $20.00.

H. Mid-Tier Prize - A prize of $25.00, $30.00, $40.00, $50.00, $75.00, $100, $200, or $500.

I. High-Tier Prize - A prize of $1,000, $2,000, $5,000, $20,000, or $50,000.

J. Bar Code - A 22 (twenty-two) 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 13 (thirteen) digit number consisting of the three (3) digit game number (350), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 000 and end with 074 within each pack. The format will be: 350-0000001-000.

L. Pack - A pack of "BINGO" Instant Game tickets contain 75 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket 000 will be shown on the front of the pack; the back of ticket 074 will be revealed on the back of the pack. Every other book will reverse i.e., the back of ticket 000 will be shown on the front of the pack and the front of ticket 074 will be shown on the back of the pack.

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 "BINGO" Instant Game No. 350 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 "BINGO" Instant Game is determined once the latex on the ticket is scratched off to expose 190 (one hundred ninety) play symbols. The player must scratch off the "LUCKY NUMBERS" area to reveal 40 (forty) Lucky Numbers. The player must then mark all the Bingo Numbers on Cards 1 through 6 that match the Lucky Numbers. Each card has a corresponding prize box. If the player matches all bingo numbers in a complete horizontal, vertical, or diagonal line in a single card the player will win $5 in Card 1, $10 in Card 2, $15 in Card 3, $20 in Card 4, $25 in Card 5, or $30 in Card 6. If the player matches all bingo numbers in all four (4) corners in a single card the player will win $20 in Card 1, $40 in Card 2, $50 in Card 3, $75 in Card 4, $100 in Card 5, or $200 in Card 6. If the player matches all bingo numbers to make a complete "X" in a single card the player will win $200 in Card 1, $500 in Card 2, $1,000 in Card 3, $5,000 in Card 4, $20,000 in Card 5, or $50,000 in Card 6. 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 190 (one hundred ninety) 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 190 (one hundred ninety) 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 190 (one hundred ninety) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 190 (one hundred ninety) 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. A ticket will win as indicated by the prize structure.

B. A ticket can win up to six times.

C. Adjacent tickets in a pack will not have identical patterns.

D. There will never be more than one win on a single Bingo Card.

E. No duplicate numbers will appear on the Lucky Numbers.

F. No duplicate numbers will appear on each individual Player's Card.

G. The number range used for each letter will be as follows: B: 01-15; I: 16-30; N: 31-45; G: 46-60; O: 61-75.

H. Each Player's card on the same ticket must be unique.

I. The 40 Lucky numbers will match 53 to 83 numbers per ticket.

2.3 Procedure for Claiming Prizes.

A. To claim a "BINGO" Instant Game prize of $5.00, $10.00, $15.00, $20.00, $25.00, $30.00, $40.00, $50.00, $75.00, $100, $200, 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, $200, or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "BINGO" Instant Game prize of $1,000, $2,000, $5,000, $20,000, or $50,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "BINGO" 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 "BINGO" 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 "BINGO" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 3,040,950 tickets in the Instant Game No. 350. The approximate number and value of prizes in the game are as follows:

Table 3 of this section

[Figure 3:16 TAC GAME NO. 350- 4.0]

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. 350 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. 350, 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-200203104

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: May 21, 2002


Instant Game No. 351 "Crossword"

1.0 Name and Style of Game.

A. The name of Instant Game No. 351 is "CROSSWORD". The play style is "extended play puzzle".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 351 shall be $3.00 per ticket.

1.2 Definitions in Instant Game No. 351.

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

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

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, T, U, V, W, X, Y, Z, and blackened square.

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

Table 1 of this section

[Figure 1:16 TAC GAME NO. 351 - 1.2D]

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

Table 2 of this section.

[Figure 2:16 TAC GAME NO. 351 - 1.2E]

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 $3.00, $5.00, $10.00, or $20.00.

H. Mid-Tier Prize - A prize of $100 or $500.

I. High-Tier Prize - A prize of $5,000 or $35,000.

J. Bar Code - A 22 (twenty-two) 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 13 (thirteen) digit number consisting of the three (3) digit game number (351), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 000 and end with 124 within each pack. The format will be: 351-0000001-000.

L. Pack - A pack of "CROSSWORD" Instant Game tickets contain 125 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket 000 will be shown on the front of the pack; the back of ticket 124 will be revealed on the back of the pack. Every other book will reverse, i.e., reverse order will be: the back of ticket 000 will be shown on the front of the pack and the front of ticket 124 will be shown on the back of the pack.

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 "CROSSWORD" Instant Game No. 351 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 "CROSSWORD" Instant Game is determined once the latex on the ticket is scratched off to expose 139 (one hundred thirty-nine) play symbols. The player must scratch off the "YOUR LETTERS" area to reveal 18 (eighteen) Letters. The player must then scratch the corresponding letters found tin the CROSSWORD puzzle. If the player scratches at least three (3) complete "words" in the CROSSWORD puzzle, the player will win the corresponding prize found in the Prize Legend. Letters combined to form a complete "word" must appear in an unbroken horizontal (left to right) sequence or vertical (top to bottom) sequence of letters within the CROSSWORD puzzle. Only letters within the CROSSWORD Puzzle that are matched with the YOUR LETTERS can be used to form a complete "word". The three (3) small letters outside the squares in the YOUR LETTERS area are for validation purposes and cannot be used to play CROSSWORD. In the CROSSWORD puzzle, every letter within an unbroken horizontal or vertical sequence must be matched with the YOUR LETTERS to be considered a complete "word". Words within words are not eligible for a prize. A complete "word " must contain at least three (3) letters. 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 139 (one hundred thirty-nine) 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 139 (one hundred thirty-nine) 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 139 (one hundred thirty-nine) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 139 (one hundred thirty-nine) 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. A ticket can only win once.

B. Adjacent tickets within a pack will not have identical patterns.

C. Each ticket consists of a Your Letters area and one Crossword Puzzle Grid.

D. The Crossword puzzle Grid will be formatted with at least 1,000 configurations (i.e. puzzle layouts not including words).

E. All Crossword Puzzle Grid configurations will be formatted within a grid that contains 11 spaces (height) by 11 spaces (width).

F. Each word will appear only once per ticket on the Crossword Puzzle Grid.

G. Each letter will only appear once per ticket in the YOUR LETTERS play area.

H. Each Crossword Puzzle Grid will contain the following: 4 sets of 3-letter words; 5 sets of 4-letter words; 3 sets of 5-letter words; 3 sets of 6-letter words; 1 set of 7-letter words; 2 sets of 8-letter words; 1 set of 9-letter words; 19 words per puzzle per ticket.

I. There will be a minimum of three (3) vowels in the YOUR LETTERS play area.

J. The length of words found in the Crossword Puzzle Grid will range from 3-9 letters.

K. Only words from the approved wordlist will appear in the Crossword Puzzle Grid.

L. You will never find a word horizontally (in either direction), vertically (in either direction) or diagonally (in either direction) in the YOUR LETTERS play area that matches a word in the Crossword Puzzle Grid.

M. Each Crossword Puzzle Grid will have a maximum number of different grid formations with respect to other constraints. That is, for identically formatted Crossword puzzles (i.e. the same grid), all "approved words" will appear in every logical (i.e. 3 letter word = 3 letter space) position, with regards to limitations caused by the actual letters contained in each word (i.e. will not place the word ZOO in a position that causes an intersecting word to require the second letter to be "Z", when in fact, there are no approved words with a "Z" in the second letter position).

N. No one (1) letter, with the exception of vowels, will appear more than nine (9) times in the Crossword Puzzle grid.

O. No ticket will match eleven (11) words or more.

P. Three (3) to ten (10) completed words will be revealed as per the prize structure.

Q. All non-winning tickets will contain one (1) completed word approximately 20% of the time and two (2) completed words approximately 80% of the time.

R. Sixteen (16) to eighteen (18) YOUR LETTERS will open at least one (1) letter in the Crossword Puzzle Grid.

2.3 Procedure for Claiming Prizes.

A. To claim a "CROSSWORD" Instant Game prize $3.00, $5.00, $10.00, $20.00, $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 $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 "CROSSWORD" Instant Game prize of $5,000 or $35,000, 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 "CROSSWORD" 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 "CROSSWORD" 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 "CROSSWORD" 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 2,944,875 tickets in the Instant Game No. 351. The approximate number and value of prizes in the game are as follows:

Table 3 of this section

[Figure 3:16 TAC GAME NO. 351- 4.0]

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. 351 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. 351, 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.

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TRD-200203105

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: May 21, 2002


Texas Natural Resource Conservation Commission

Enforcement Orders

An agreed order was entered regarding Young Brothers, Inc., Contractors, Docket No. 1999- 1533-AIR-E on May 13, 2002 assessing $8,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Darren Ream, Staff Attorney at (817) 588-5878, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Lasalle Landing Water Supply Corporation, Docket No. 1999-0360-PWS-E on May 13, 2002 assessing $3,438 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Troy Nelson, Staff Attorney at (903) 525-0380, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding B. C. R., Inc. dba Chevron Country Food Mart, Docket No. 2000-0400-PST-E on May 13, 2002 assessing $15,000 in administrative penalties with $14,400 deferred.

Information concerning any aspect of this order may be obtained by contacting Rebecca Nash Petty, Staff Attorney at (512) 239-3693, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Tandem Energy Corporation, Docket No. 2000-1263- AIR-E on May 13, 2002 assessing $3,125 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Elisa Roberts, Staff Attorney at (512) 239-6939, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Mayfield McCraw dba McCraw Materials, Docket No. 2000-1343-AIR-E on May 13, 2002 assessing $6,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Troy Nelson, Staff Attorney at (903) 525-0380, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Tajuddin Jiwani dba Quick & Easy No. 2, Docket No. 2001-0624-PWS-E on May 13, 2002 assessing $1,313 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Darren Ream, Staff Attorney at (817) 588-5878, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Asif Dawood dba EZ 4 U, Docket No. 2001-0476-PST-E on May 13, 2002 assessing $9,000 in administrative penalties with $1,800 deferred.

Information concerning any aspect of this order may be obtained by contacting Rebecca Johnson, Enforcement Coordinator at (713) 422-8931, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding El Paso Electric Company, Docket No. 2001-1083-AIR- E on May 13, 2002 assessing $3,750 in administrative penalties with $750 deferred.

Information concerning any aspect of this order may be obtained by contacting Bethany Carl, Enforcement Coordinator at (915) 234-4965, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding EOTT Energy Pipeline, Limited Partnership, Docket No. 2001-1238-AIR-E on May 13, 2002 assessing $4,500 in administrative penalties with $900 deferred.

Information concerning any aspect of this order may be obtained by contacting Jorge Ibarra, Enforcement Coordinator at (817) 588-5890, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding E. I. DuPont de Nemours, Inc., Docket No. 2001-0996- AIR-E on May 13, 2002 assessing $1,875 in administrative penalties with $375 deferred.

Information concerning any aspect of this order may be obtained by contacting Katharine Hodgins, SEP Coordinator at (512) 239-5731, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Oxy Vinyls, LP, Docket No. 2001-1450-AIR-E on May 13, 2002 assessing $7,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Rebecca Johnson, Enforcement Coordinator at (713) 422-8931, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Sandel Energy, Inc., Docket No. 2001-1256-AIR-E on May 13, 2002 assessing $750 in administrative penalties with $150 deferred.

Information concerning any aspect of this order may be obtained by contacting Stacey Young, Enforcement Coordinator at (512) 239-1899, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding San Antonio Shoe, Inc,, Docket No. 2001-0898-AIR-E on May 13, 2002 assessing $2,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Toni Toliver, SEP Coordinator at (512) 239-6122, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Port Alto Water Supply Corporation, Docket No. 2001- 0560-PWS-E on May 13, 2002 assessing $938 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Carol McGrath, Enforcement Coordinator at (361) 825-3275, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Port Alto Homeowners' Association - District #1, Inc., Docket No. 2001-0559-PWS-E on May 13, 2002 assessing $2,813 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Carol McGrath, Enforcement Coordinator at (361) 825-3275, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Phillips Petroleum Company, Docket No. 2001-0514- AIR-E on May 13, 2002 assessing $5,500 in administrative penalties with $1,100 deferred.

Information concerning any aspect of this order may be obtained by contacting Ronnie Kramer, Enforcement Coordinator at (816) 468-0512, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Cemex Inc, Docket No. 2001-1143-AIR-E on May 13, 2002 assessing $60,075 in administrative penalties with $12,015 deferred.

Information concerning any aspect of this order may be obtained by contacting Rebecca Clausewitz, Enforcement Coordinator at (210) 403-4012, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Jerry Webb & Janice Webb dba Vinson's Water System Well No. 2, Docket No. 2001-0478-PWS-E on May 13, 2002 assessing $1,875 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Cheryl Thompson, Enforcement Coordinator at (817) 588-5886, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Tiffany Brick, Incorporated, Docket No. 2001-1239-AIR- E on May 13, 2002 assessing $2,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Jorge Ibarra, Enforcement Coordinator at (817) 588-5890, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding The Hackberry CO-OP of Post, Texas, Docket No. 2001- 0884-PST-E on May 13, 2002 assessing $8,000 in administrative penalties with $1600 deferred.

Information concerning any aspect of this order may be obtained by contacting Gary Shipp, Enforcement Coordinator at (806) 796-7092, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Abdul Rehman dba Super Star, Docket No. 2001-0843- PST-E on May 13, 2002 assessing $4,000 in administrative penalties with $800 deferred.

Information concerning any aspect of this order may be obtained by contacting John Barry, Enforcement Coordinator at (409) 899-8781, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding El Paso Natural Gas Company, Docket No. 2001-1202- AIR-E on May 13, 2002 assessing $3,750 in administrative penalties with $750 deferred.

Information concerning any aspect of this order may be obtained by contacting Dan Landenberger, Enforcement Coordinator at (915) 570-1359, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Gary McNutt, Guy McNutt & Jesse Torres dba McNutt Dairy, Docket No. 2001-0685-AGR-E on May 13, 2002 assessing $2,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Alita Champagne, Enforcement Coordinator at (254) 965-5793, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Sun Coast Resources, Inc., Docket No. 2001-1115-PST- E on May 13, 2002 assessing $500 in administrative penalties with $100 deferred.

Information concerning any aspect of this order may be obtained by contacting Gloria Stanford, Enforcement Coordinator at (512) 239-1871, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Speedy Stop Food Stores, Ltd. dba Speedy Stop No. 48, Docket No. 2001-1289-PWS-E on May 13, 2002 assessing $1,438 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Kent Heath, Enforcement Coordinator at (512) 239-4575, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding North Central Oil Corporation, Docket No. 2001-1034- AIR-E on May 13, 2002 assessing $750 in administrative penalties with $150 deferred.

Information concerning any aspect of this order may be obtained by contacting John Mead, Enforcement Coordinator at (512) 239-6010, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Muleshoe Area Hospital District dba Muleshoe Area Medical Center, Docket No. 2001-0888-PST-E on May 13, 2002 assessing $900 in administrative penalties with $180 deferred.

Information concerning any aspect of this order may be obtained by contacting Gary Shipp, Enforcement Coordinator at (806) 796-7092, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Marshall Distributing Company, Inc., Docket No. 2001- 1266-PST-E on May 13, 2002 assessing $500 in administrative penalties with $100 deferred.

Information concerning any aspect of this order may be obtained by contacting A. Sunday Udoetok, Enforcement Coordinator at (512) 239-0739, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Lakeway Airpark, Incorporated, Docket No. 2001-1349- PST-E on May 13, 2002 assessing $500 in administrative penalties with $100 deferred.

Information concerning any aspect of this order may be obtained by contacting Lawrence King, Enforcement Coordinator at (512) 339-2929, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CarMax Auto Superstores, Inc., Docket No. 2001-1141- AIR-E on May 13, 2002 assessing $3,600 in administrative penalties with $720 deferred.

Information concerning any aspect of this order may be obtained by contacting Stacey Young, Enforcement Coordinator at (512) 239-1899, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Luis Aguilar dba Cactus Grocery, Docket No. 2001- 1435-PST-E on May 13, 2002 assessing $3,000 in administrative penalties with $600 deferred.

Information concerning any aspect of this order may be obtained by contacting Ronnie Kramer, Enforcement Coordinator at (806) 468-0512, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Amcor Financial Corporation dba Lake Valley Water Company, Docket No. 2001-0259-MLM-E on May 13, 2002 assessing $5,225 in administrative penalties with $770 deferred.

Information concerning any aspect of this order may be obtained by contacting Malcolm Ferris, Enforcement Coordinator at (210) 403-4061, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Jobe Concrete Products Inc, Docket No. 2001-0676- IWD-E on May 13, 2002 assessing $1,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Pamela Campbell, Enforcement Coordinator at (512) 239-4493, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Granite Construction Company, Docket No. 2001-0973- PST-E on May 13, 2002 assessing $750 in administrative penalties with $150 deferred.

Information concerning any aspect of this order may be obtained by contacting Gary Shipp, Enforcement Coordinator at (806) 796-7092, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding GLI Distributing, Inc., Docket No. 2001-1117-PST-E on May 13, 2002 assessing $3,500 in administrative penalties with $700 deferred.

Information concerning any aspect of this order may be obtained by contacting Alita Champagne, Enforcement Coordinator at (512) 239-0784, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Power Resources, Ltd., Docket No. 2001-0862-AIR-E on May 13, 2002 assessing $1,875 in administrative penalties with $375 deferred.

Information concerning any aspect of this order may be obtained by contacting Dan Landenberger, Enforcement Coordinator at (915) 570-1359, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Valor Telecommunications of Texas, LP, Docket No. 2001-0908-PST-E on May 13, 2002 assessing $4,500 in administrative penalties with $900 deferred.

Information concerning any aspect of this order may be obtained by contacting Gary Shipp, Enforcement Coordinator at (806) 796-7092, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding A.A.A. Navi Corporation dba AAA Food Mart, Docket No. 2001-0827-PST-E on May 13, 2002 assessing $7,000 in administrative penalties with $1,400 deferred.

Information concerning any aspect of this order may be obtained by contacting Carolyn Lind, Enforcement Coordinator at (903) 535-5145, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Mitchell Energy Company, L.P. dba Kolar Production Facility, Docket No. 2001-1056-AIR-E on May 13, 2002 assessing $1875 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Gary McDonald, Enforcement Coordinator at (361) 825-3122, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Cistern Water Well Company, Incorporated, Docket No. 2001-0521-PWS-E on May 13, 2002 assessing $3,425 in administrative penalties with $2,825 deferred.

Information concerning any aspect of this order may be obtained by contacting Lawrence King, Enforcement Coordinator at (512) 339-2929, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Mohsen Mousaui dba Bernard's Liquor Store, Docket No. 2001-1377-PST-E on May 13, 2002 assessing $4,000 in administrative penalties with $800 deferred.

Information concerning any aspect of this order may be obtained by contacting Mark Newman, Enforcement Coordinator at (915) 655-9479, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding El Paso Field Services, L.P., Docket No. 2001-1207- AIR-E on May 13, 2002 assessing $9,875 in administrative penalties with $1,350 deferred.

Information concerning any aspect of this order may be obtained by contacting Dan Landenberger, Enforcement Coordinator at (915) 570-1359, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Mr. Darrell Earnest dba Hiway Grocery, Docket No. 2001-0978-PST-E on May 13, 2002 assessing $1,600 in administrative penalties with $320 deferred.

Information concerning any aspect of this order may be obtained by contacting George Ortiz, Enforcement Coordinator at (915) 698-9674, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Sunesara Investment, Inc., Docket No. 2001-0358-PST-E on May 13, 2002 assessing $8,750 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Troy Nelson, Staff Attorney at (903) 525-0380, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Philip Services Corporation dba Chemical Reclamation Services, Inc., Docket No. 2001-1073-IHW-E on May 13, 2002 assessing $9,000 in administrative penalties with $1,800 deferred.

Information concerning any aspect of this order may be obtained by contacting Subhash Jain, Enforcement Coordinator at (512) 239-5867, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-200203141

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: May 22, 2002


Extension of Comment Period

In the May 24, 2002 issue of the Texas Register , the Texas Natural Resource Conservation Commission (commission) published amendments to 30 TAC Chapter 116, Control of Air Pollution by Permits for New Construction or Modification . The preamble to the proposal stated that the commission must receive all written comments by 5:00 p.m., June 10, 2002. The commission has extended the deadline for receipt of written comments to 5:00 p.m., June 17, 2002.

Comments should be mailed to Joyce Spencer, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. 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. Copies of the proposal can be obtained from the commission's website at www.tnrcc.state.tx.us/oprd/rules/propadop.html , or by calling Ms. Spencer at (512) 239-5017.

TRD-200203112

Stephanie Bergeron

Division Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: May 21, 2002


Notice - Extension of Comment Period on the Review of Chapters 328, 330, 332

In the April 26, 2002 issue of the Texas Register , the Texas Natural Resource Conservation Commission (commission) published amendments to TAC Chapter 328, Waste Minimization and Recycling; Chapter 330, Municipal Solid Waste; and Chapter 332, Composting. The preamble to the proposal stated that the commission must receive all written comments by 5:00 p.m., May 28, 2002. The commission has extended the deadline for receipt of written comments to 5:00 p.m., June 7, 2002.

Comments should be mailed to Angela Slupe, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. For further information, please contact Michael Bame, Policy and Regulations Division, at (512) 239-5658. Copies of the proposal can be obtained from the commission's website at www.tnrcc.state.tx.us/oprd/rules/propadop.html , or by calling Ms. Slupe at (512) 239- 4712.

TRD-200203116

Stephanie Bergeron

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: May 21, 2002


Notice of Application for Industrial Hazardous Waste Permits/Compliance Plans

For the Period of May 21, 2002

APPLICATION CROWN CENTRAL PETROLEUM CORPORATION (Pasadena), located immediately east of the Washburn Tunnel and along the southern bank of the Houston Ship Channel on approximately 170 acres in Pasadena, Harris County, Texas, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for renewal of hazardous waste permit (Permit No. HW-50112) and renewal of compliance plan (Compliance Plan No. CP-50112). The permit would authorize continued closure and post-closure care of hazardous waste, Class 1, Class 2 and Class 3 industrial solid waste. The compliance plan renewal authorizes and requires the permittee to continue to monitor the concentration of hazardous constituents in ground water and to remediate ground-water quality to specified standards.

The Executive Director of the TNRCC has prepared a draft permit and compliance plan which, if approved, would establish the conditions under which the facility must operate. The facility is located in a area subject to the Coastal Management Program (CMP). The Executive Director has reviewed this action for consistency with the goals and policies of the CMP in accordance with the regulations of the Coastal Coordination Council and has determined that the action is consistent with the applicable CMP goals and policies.

This notice satisfies the requirements of the Resource Conservation and Recovery Act (RCRA), as amended, 42 U.S. 6901 et seq. and 40 CFR 124.10. Once the final permit and compliance plan decisions of the TNRCC and U.S. Environmental Protection Agency (EPA) are effective regarding this facility, they will implement the requirements of RCRA as amended by the Hazardous and Solid Waste Amendments of 1984 (HSWA). The final permit and compliance plan decision will also implement the federally authorized State requirements. The TNRCC and EPA have entered into a joint permitting agreement whereby permits will be issued in Texas in accordance with the Texas Solid Waste Disposal Act, Texas Health and Safety Code Ann., Chapter 361 and RCRA, as amended. In order for the applicant to have a fully effective RCRA permit, both the TNRCC and EPA must issue the permit. All permit provisions are fully enforceable under State and Federal law. The State of Texas has not received full HSWA authority. Areas in which the TNRCC has not been authorized by EPA are denoted in the draft permit with an asterisk (*). Persons wishing to comment or request a hearing on a HSWA requirement denoted with an asterisk (*) in the draft permit should also notify in writing, Chief, RCRA Permits Branch, EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733. EPA will accept hearing requests submitted to the TNRCC.

PUBLIC COMMENT / PUBLIC MEETING. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk at the address provided in the information section below, within 45 days of the date of newspaper publication of the notice. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application or if requested in writing by an affected person within 45 days of the date of newspaper publication of the notice.

CONTESTED CASE HEARING. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 45 days from the date of newspaper publication of this notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed.

To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) applicant's name and permit number; (3) the statement "[I/we] request a contested case hearing;" (4) a brief and specific description of how you would be affected by the granting of the application in a way not common to the general public; and (5) the location and distance of your property relative to the proposed activity. You may also submit your proposed adjustments to the application/permit which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below.

If a hearing request is filed, the Executive Director will not issue the permit and will forward the application and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court.

INFORMATION. Written hearing requests, public comments, or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Office of Public Interest Counsel, MC 103, the same address as above. Individual members of the general public may contact the Office of Public Assistance, c/o Office of the Chief Clerk, at the address above, or by calling 1-800-687-4040 to: (a) review or obtain copies of available documents (such as draft permit, technical summary, and application); (b) inquire about the information in this notice; or (a) inquire about other agency permit applications or permitting processes. General information regarding the TNRCC can be found at our web site at www.tnrcc.state.tx.us.

TRD-200203140

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: May 22, 2002


Notice of District Petition

Notices mailed during the period May 1, through May 21, 2002.

TNRCC Internal Control No. 10092000-D06 (PETITION) Johnson County Rural Water Supply Corporation has filed a petition with the Texas Natural Resource Conservation Commission (TNRCC) to convert Johnson County Rural Water Supply Corporation (WSC) to Johnson County Special Utility District and to transfer water and sewer Certificate of Convenience and Necessity (CNN) Nos. 10081 and 20713 from Johnson County Rural Water Supply Corporation to Johnson County Special Utility District. Johnson County Special Utility District's business address will be P.O. Box 509, Cleburne, Texas 76033-0509. The petition was filed pursuant to Chapters 13 and 65 of the Texas Water Code; 30 Texas Administrative Code Chapters 291 and 293; and under the procedural rules of the TNRCC. The nature and purpose of the petition are for the conversion of Johnson County Rural Water Supply Corporation and the organization, creation and establishment of Johnson County Special Utility District under the provisions of Article XVI, Section 59, Texas Constitution, and Chapter 65 of the Texas Water Code, as amended. The District shall have the purposes and powers provided in Chapter 65 of the Texas Water Code, and CCN Nos. 10081 and 20713 shall be transferred as provided in Chapter 13 of the Texas Water Code, as amended. The nature of the services presently performed by Johnson County Rural Water Supply Corporation is to purchase, own, hold, lease and otherwise acquire sources of water supply; to build, operate and maintain facilities for the transportation of water; and to sell water to individual members, towns, cities, private businesses, and other political subdivisions of the State. The nature of the services proposed to be provided by Johnson County Special Utility District is to purchase, own, hold, lease, and otherwise acquire sources of water supply; to build, operate, and maintain facilities for the storage, treatment, and transportation of water; and to sell water to individuals, towns, cities, private business entities, and other political subdivisions of the State. Johnson County Special Utility District will also have the power to provide the facilities and services necessary to collect, transport, process, store, treat, and dispose of sewage and wastewater and provide such services for compensation to generators of wastewater. Presently, Johnson County Rural Water Supply Corporation is authorized to provide sewer service under CCN No. 20713, but does not provide such service. Additionally, it is proposed that the District will protect, preserve and restore the purity and sanitary condition of the water within the District. It is anticipated that conversion will have no adverse effects on the rates and services provided to the customers. The proposed District is located primarily in Johnson County but also extends into Hill, Tarrant, and Ellis Counties, Texas, with a total approximate area of 260 square miles. The proposed District is within portions of the extra- territorial jurisdictions of the Cities of Alvarado, Burleson, Cleburne, Fort Worth, Godley, Joshua, Keene, Mansfield, and Rio Vista. The territory to be included within the proposed District is set forth in the following boundary description designated as Exhibit "A" hereto and is also depicted in the following vicinity map designated as Exhibit "B" hereto. CCN Nos. 10081 and 20713 will be transferred after a positive confirmation election. The TNRCC may grant a contested case hearing on this petition if a written hearing request is filed within 30 days after the date of posting or mailing of this notice.

TNRCC Internal Control No. 01232002-D07 (PETITION) West Wise Rural Water Supply Corporation (Petitioner) has filed a petition with the Texas Natural Resource Conservation Commission (TNRCC) to convert West Wise Rural Water Supply Corporation to West Wise Special Utility District (District) and to transfer Certificate of Convenience and Necessity (CCN) No. 10284 from West Wise Rural Water Supply Corporation to West Wise Special Utility District. West Wise Special Utility District's business address will be: P.O. Box 566; Bridgeport, Texas 76426. The petition was filed pursuant to Chapters 13 and 65 of the Texas Water Code; 30 Texas Administrative Code Chapters 291 and 293; and the procedural rules of the TNRCC. The nature and purpose of the petition are for the conversion of West Wise Rural Water Supply Corporation and the organization, creation and establishment of West Wise Special Utility District under the provisions of Article XVI, Section 59, Texas Constitution, and Chapter 65 of the Texas Water Code, as amended. The District shall have the purposes and powers provided in Chapter 65 of the Texas Water Code, and CCN No. 10284 shall be transferred as provided in Chapter 13, of the Texas Water Code, as amended. The nature of the services presently performed by West Wise Rural Water Supply Corporation is to purchase, own, hold, lease and otherwise acquire sources of water supply; to build, operate and maintain facilities for the transportation of water; and to sell water to individual members, towns, cities, private businesses, and other political subdivisions of the State. The nature of the services proposed to be provided by West Wise Special Utility District is to purchase, own, hold, lease, and otherwise acquire sources of water supply; to build, operate, and maintain facilities for the storage, treatment, and transportation of water; and to sell water to individuals, towns, cities, private business entities and other political subdivisions of the State. Additionally, it is proposed that the District will protect, preserve and restore the purity and sanitary condition of the water within the District. It is anticipated that conversion will have no adverse effects on the rates and services provided to the customers. The proposed District is located in Wise County, Texas, and will contain approximately 64 square miles. The territory to be included within the proposed District includes all of the singly certified service area covered by CCN No. 10284 and is set forth in the following boundary description designated as Exhibit "A" hereto. The proposed District is also depicted in the following vicinity map designated as Exhibit "B" hereto. CCN No. 10284 will be transferred after a positive confirmation election. The TNRCC may grant a contested case hearing on this petition if a written hearing request is filed within 30 days after the newspaper publication of this notice.

TNRCC Internal Control No. 07262001-D01 (PETITION) Cypress Springs Water Supply Corporation (Petitioner) has filed a petition with the Texas Natural Resource Conservation Commission (TNRCC) to convert Cypress Springs Water Supply Corporation to Cypress Springs Special Utility District (District) and to transfer Certificate of Convenience and Necessity (CCN) No. 10532 from Cypress Springs Water Supply Corporation to Cypress Springs Special Utility District. Cypress Springs Special Utility District's business address will be: P.O. Box 591; Mt. Vernon, Texas 75457. The petition was filed pursuant to Chapters 13 and 65 of the Texas Water Code; 30 Texas Administrative Code Chapters 291 and 293; and the procedural rules of the TNRCC. The nature and purpose of the petition are for the conversion of Cypress Springs Water Supply Corporation and the organization, creation and establishment of Cypress Springs Special Utility District under the provisions of Article XVI, Section 59, Texas Constitution, and Chapter 65 of the Texas Water Code, as amended. The District shall have the purposes and powers provided in Chapter 65 of the Texas Water Code, and CCN No. 10532 shall be transferred as provided in Chapter 13, of the Texas Water Code, as amended. The nature of the services presently performed by Cypress Springs Water Supply Corporation is to purchase, own, hold, lease and otherwise acquire sources of water supply; to build, operate and maintain facilities for the transportation of water; and to sell water to individual members, towns, cities, private businesses, and other political subdivisions of the State. The nature of the services proposed to be provided by Cypress Springs Special Utility District is to purchase, own, hold, lease, and otherwise acquire sources of water supply; to build, operate, and maintain facilities for the storage, treatment, and transportation of water; and to sell water to individuals, towns, cities, private business entities and other political subdivisions of the State. Additionally, it is proposed that the District will protect, preserve and restore the purity and sanitary condition of the water within the District. It is anticipated that conversion will have no adverse effects on the rates and services provided to the customers. The proposed District is located in Franklin, Hopkins, Titus, and Wood Counties and will contain approximately 321 square miles. The territory to be included within the proposed District includes all of the singly certified service area covered by CCN No. 10532 and is set forth in the following boundary description designated as Exhibit "A" hereto. The proposed District is also depicted in the following vicinity map designated as Exhibit "B" hereto. CCN No. 10532 will be transferred after a positive confirmation election. The TNRCC may grant a contested case hearing on this petition if a written hearing request is filed within 30 days after the newspaper publication of this notice.

TNRCC Internal Control No. 11052001-D03 PETITION. Gunter Rural Water Supply Corporation (Petitioner) has filed a petition with the Texas Natural Resource Conservation Commission (TNRCC) to convert Gunter Rural Water Supply Corporation to Gunter Special Utility District and to transfer Certificate of Convenience and Necessity (CCN) No. 10150 from Gunter Rural Water Supply Corporation to Gunter Special Utility District. Gunter Special Utility District's business address will be P.O. Box 1017, Celina, Texas, 75009. The petition was filed pursuant to Chapters 13 and 65 of the Texas Water Code; 30 Texas Administrative Code Chapters 291 and 293; and the procedural rules of the TNRCC. The nature and purpose of the petition are for the conversion of Gunter Rural Water Supply Corporation and the organization, creation and establishment of Gunter Special Utility District under the provisions of Article XVI, Section 59, Texas Constitution, and Chapter 65 of the Texas Water Code, as amended. The District shall have the purposes and powers provided in Chapter 65 of the Texas Water Code, and CCN No. 10150 shall be transferred as provided in Chapter 13, of the Texas Water Code, as amended. The nature of the services presently performed by Gunter Rural Water Supply Corporation is to purchase, own, hold, lease and otherwise acquire sources of water supply; to build, operate and maintain facilities for the transportation of water; and to sell water to individual members, towns, cities, private businesses, and other political subdivisions of the State. The nature of the services proposed to be provided by Gunter Special Utility District is to purchase, own, hold, lease, and otherwise acquire sources of water supply; to build, operate, and maintain facilities for the storage, treatment, and transportation of water; and to sell water to individuals, towns, cities, private business entities and other political subdivisions of the State. Additionally, it is proposed that the District will protect, preserve and restore the purity and sanitary condition of the water within the District. It is anticipated that conversion will have no adverse effects on the rates and services provided to the customers. The proposed District is located in Collin and Grayson Counties, Texas, and will contain approximately 132 square miles. The territory to be included within the proposed District includes all of the singly certified service area covered by CCN No. 10150 and is set forth in the following boundary description designated as Exhibit "A" hereto. The proposed District is also depicted in the following vicinity map designated as Exhibit "B" hereto. CCN No. 10150 will be transferred after a positive confirmation election. The TNRCC may grant a contested case hearing on this petition if a written hearing request is filed within 30 days after the newspaper publication of this notice.

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

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

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

TRD-200203138

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: May 22, 2002


Notice of Proposed Minor Amendment of a General Permit

The following notice was issued and mailed on May 21, 2002, for this Permit No. TXR05000.

The Texas Natural Resource Conservation Commission (TNRCC) has initiated a minor amendment of the existing general permit covering eligible storm water, and certain types of non- storm water, discharges directly to exceptional, high, intermediate, limited, or no significant aquatic life use receiving waters. No discharges to exceptional, high, intermediate, limited, or no significant aquatic life use receiving waters are allowed by the proposed general permit, except as specifically authorized by the general permit according to Section 26.040 of the Texas Water Code.

The executive director has prepared a draft minor amendment of an existing general permit that authorizes point source discharges of storm water, and certain types of non-storm water, from industrial activities that are grouped into thirty (30) similar sectors based on Standard Industrial Classification Codes. The proposed changes to this existing general permit include: annual discharge monitoring report requirements for certain permittees; annual non-compliance report requirements for all permittees that exceed certain other numeric effluent limitations; providing necessary discharge monitoring report forms; correction of clerical errors.

The executive director has reviewed this action for consistency with the goals and policies of the Texas Coastal management Program (CMP) according to Coastal Coordination Council (CCC) regulations, and has determined that the action is consistent with applicable CMP goals and policies. The draft permit, if approved, would establish the conditions under which the facility must operate. The executive director has made a preliminary decision that this permit, if issued, meets all statutory and regulatory requirements.

You may submit public comments or request a public meeting about this general permit. The purpose of a public meeting is to provide the opportunity to submit written or oral comment 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 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 should be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, TX 78711-3087 within 30 days of the date this notice is mailed. The notice was mailed on May 21, 2002.

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 will be mailed to everyone who submitted public comments or who requested to be on a mailing list for this application.

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) a permanent mailing list for a specific applicant name and permit number; and/or (2) a permanent mailing list for a specific county or counties.

Note that a request to be added to a mailing list for a specific county will result in notification of all permitting matters affecting that particular county.

To be added to a mailing list, send us your name and address, clearly specifying which mailing list(s) to which you wish to be added. Your written request should be sent to the TNRCC, Office of the Chief Clerk, Mail Code 105, P. O. Box 13087, Austin, TX 78711-3087.

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 calling the TNRCC Storm Water & General Permits Team at (512) 239-4433.

TRD-200203139

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: May 22, 2002


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

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (the Code), §7.075, which requires that the TNRCC may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and 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 July 8, 2002 . Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO are made in response to written comments.

A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable regional office listed as follows. Written comments about these AOs should be sent to the enforcement coordinator designated for each AO at the TNRCC's Central Office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on July 8, 2002 . Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The TNRCC enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs should be submitted to the TNRCC in writing .

(1) COMPANY: David Pritchard dba Advanced Septic Systems; DOCKET NUMBER: 2001- 1555-OSI-E; IDENTIFIER: On-Site Sewage Facility (OSSF) Installer Number OS4852; LOCATION: Smithville and Dripping Springs; Bastrop and Hays Counties, Texas; TYPE OF FACILITY: septic system; RULE VIOLATED: 30 TAC §285.58(a)(10), by alleging to have abandoned the OSSF; PENALTY: $200; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(2) COMPANY: Bridgestone/Firestone, Inc.; DOCKET NUMBER: 2001-1412-IWD-E; IDENTIFIER: National Pollutant Discharge Elimination System (NPDES) Permit Number TX0002968 and Water Quality Permit Number 00454; LOCATION: Orange, Orange County, Texas; TYPE OF FACILITY: synthetic rubber manufacturing; RULE VIOLATED: NPDES Permit Number TX0002968, Water Quality Permit Number 00454, and the Code, §26.121, by failing to comply with the daily average loading limit for total zinc; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(3) COMPANY: Brookshire Brothers, Ltd. dba Brookshire Brothers #28; DOCKET NUMBER: 2001-1038-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 0064732; LOCATION: San Augustine, San Augustine County, Texas; TYPE OF FACILITY: grocery store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(5)(A)(i) and the Code, §26.3467(a), by failing to make available a valid, current delivery certificate; PENALTY: $18,040; ENFORCEMENT COORDINATOR: John Barry, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(4) COMPANY: Cooper Cameron Corporation; DOCKET NUMBER: 2001-1209-MWD-E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number 13668-001; LOCATION: Liberty, Liberty County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §§305.125(1), (4), (5), (11)(B) and (C)(vi), and (19), 319.7(a)(4), (c) and (d), and 319.11(c), TPDES Permit Number 13668-001, and the Code, §26.121, by failing to operate and maintain the wastewater treatment plant, maintain compliance with the permitted effluent limits, comply with the permitted daily average flow, accurately calibrate the flow meter, maintain discharge monitoring reports (DMRs) and sludge disposal records, correctly calculate the daily average loading values for total suspended solids and carbonaceous biochemical oxygen demand, submit the DMRs on time, and report the daily average flow and daily minimum flow; and 30 TAC §335.323, by failing to pay the hazardous waste generation fee; PENALTY: $29,250; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(5) COMPANY: J.P. Ventures, Inc. dba Corner Stop; DOCKET NUMBER: 2002-0011-PST-E; IDENTIFIER: PST Facility Identification Number 0035392; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(1) and THSC, §382.085(b), by failing to perform the initial testing of the Stage II vapor recovery system (VRS); PENALTY: $1,250; ENFORCEMENT COORDINATOR: Jonathan Walling, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(6) COMPANY: The City of Cranfills Gap; DOCKET NUMBER: 2002-0210-PWS-E; IDENTIFIER: Public Water Supply Identification Number 0180013; LOCATION: Cranfills Gap, Bosque County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(m)(4), (t), and (u), by failing to maintain all water system-related appurtenances in a watertight condition, initiate a maintenance program, post a legible sign, and test public water system wells; 30 TAC §290.44(d) and §290.46(r), by failing to design and maintain a water distribution system; and 30 TAC §290.41(c)(1)(F) and (3)(B), by failing to provide a sanitary easement and provide a well casing; PENALTY: $750; ENFORCEMENT COORDINATOR: James Jackson, (254) 751-0335; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(7) COMPANY: Donna Lowrance dba D & D Grocery & Grill; DOCKET NUMBER: 2002- 0006-PST-E; IDENTIFIER: PST Facility Identification Number 0031058; LOCATION: Westbrook, Mitchell County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(B) and (5)(A)(i), and the Code, §26.346(a) and §26.3467(a), by failing to submit an underground storage tank (UST) and self-certification form and make available to a common carrier a valid, current delivery certificate; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Carolyn Easley, (915) 698-9674; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(8) COMPANY: Duke Energy Field Services, LP; DOCKET NUMBER: 2001-1479-AIR-E; IDENTIFIER: Air Account Number HD-0014-P; LOCATION: Gruver, Hansford County, Texas; TYPE OF FACILITY: natural gas processing; RULE VIOLATED: 30 TAC §101.20(1), §116.115(c), 40 Code of Federal Regulations (CFR) §§60.632, 60.636, 60.487(c)(2)(i), and 670.486(c)(2), and THSC, §382.085(b), by failing to record the dates of a first attempt to repair 11 leaking valves and report the number of valves for which leaks were detected; 30 TAC §122.145(2)(A), §122.146(5)(D) and THSC, §382.085(b), by failing to submit one accurate and complete annual compliance certification, include a deviation report identifying all terms and conditions of the permit, and certify compliance with the Title V permit; and 30 TAC §334.128(a) and §335.323, by failing to pay outstanding nonhazardous waste generation and above ground storage tank fees; PENALTY: $14,800; ENFORCEMENT COORDINATOR: Ronnie Kramer, (806) 353-9251; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (80) 353-9251.

(9) COMPANY: Duke Energy Field Services, LP; DOCKET NUMBER: 2001-1480-AIR-E; IDENTIFIER: Air Account Number HW-0020-F; LOCATION: Borger, Hutchinson County, Texas; TYPE OF FACILITY: natural gas processing; RULE VIOLATED: 30 TAC §101.4 and THSC, §382.085(a) and (b), by failing to prevent the discharge of a trapped liquid consisting of iron sulfude and condensate from the plant's vent stack; and 30 TAC §101.7(a) and THSC, §382.085(b), by failing to properly maintain a four-inch drain line on abatement equipment; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Ronnie Kramer, (806) 353-9251; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (80) 353-9251.

(10) COMPANY: El Paso Natural Gas Company; DOCKET NUMBER: 2002-0035-AIR-E; IDENTIFIER: Air Account Number EE-0289-O and Operating Permit Number O-00294; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: natural gas transmission; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit annual permit compliance certifications; and 30 TAC §122.145(2)(c), by failing to submit permit deviation summary reports; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Kevin Smith, (915) 834-4949; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(11) COMPANY: Exxon Mobil Corporation dba Exxon Mobil Refining & Supply Company; DOCKET NUMBER: 2001-1256-AIR-E; IDENTIFIER: Air Account Number HG-0232-Q; LOCATION: Baytown, Harris County, Texas; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §116.715(a), Flexible Air Permit Number 18287, and THSC, §382.085(b), by failing to demonstrate that the upset that occurred could not have been prevented; PENALTY: $7,500; ENFORCEMENT COORDINATOR: Trina Grieco, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(12) COMPANY: Gian T. O'Donnell dba Fadco; DOCKET NUMBER: 2001-1443-PST-E; IDENTIFIER: PST Facility Identification Number 0018756; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(B) and (5)(A)(i), and the Code, §26.346(a) and §26.3467(a), by failing to submit a UST registration and self-certification form and make available to a common carrier a valid, current delivery certificate; 30 TAC §37.815(a) and (b), by failing to demonstrate the required financial assurance; and 30 TAC §334.22(a), by failing to pay outstanding UST fees; PENALTY: $4,800; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(13) COMPANY: Freeman Feedlot, Inc.; DOCKET NUMBER: 2001-1441-AGR-E; IDENTIFIER: TPDES Permit Number 0001535-000; LOCATION: Texhoma, Sherman County, Texas; TYPE OF FACILITY: animal feeding operation; RULE VIOLATED: 30 TAC §321.35(h)(5) and the Code, §26.121, by failing to renew or obtain a new registration; PENALTY: $3,200; ENFORCEMENT COORDINATOR: Ronnie Kramer, (806) 353-9251; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(14) COMPANY: City of Georgetown; DOCKET NUMBER: 2001-1118-MWD-E; IDENTIFIER: TPDES Permit Number 10489-002; LOCATION: Georgetown, Williamson County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(a), TPDES Permit Number 10489-002, and the Code, §26.121, by failing to comply with the permitted limits for heptachlor, methyl parathion, ammon-nitrogen, and five-day carbonaceous biochemical oxygen demand; PENALTY: $31,500; ENFORCEMENT COORDINATOR: Brad Brock, (512) 239-1165; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(15) COMPANY: City of Gonzales; DOCKET NUMBER: 2002-0264-PST-E; IDENTIFIER: PST Facility Identification Number 10183; LOCATION: Gonzales, Gonzales County, Texas; TYPE OF FACILITY: vehicle refueling; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate the required financial responsibility; and 30 TAC §334.8(c)(4)(B) and (5)(A)(i), and the Code, §26.346(a) and §26.3467(a), by failing to submit a PST self-certification form and make available to a common carrier a valid, current delivery certificate; PENALTY: $4,375; ENFORCEMENT COORDINATOR: Audra Baumgartner, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(16) COMPANY: HEC Petroleum, Inc.; DOCKET NUMBER: 2001-1408-AIR-E; IDENTIFIER: Air Account Number SD-0086-A; LOCATION: Taft, San Patricio County, Texas; TYPE OF FACILITY: natural gas compressor station; RULE VIOLATED: 30 TAC §122.145(2)(B), §122.146(2), and THSC, §382.085(b), by failing to submit the federal operating permit compliance certification; PENALTY: $3,125; ENFORCEMENT COORDINATOR: Merrilee Gerberding, (512) 239-4490; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(17) COMPANY: Horticultural Printers, Incorporated; DOCKET NUMBER: 2001-1544-AIR-E; IDENTIFIER: Air Account Number DB-1250-P; LOCATION: Mesquite, Dallas County, Texas; TYPE OF FACILITY: commercial printing; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 29717, and THSC, §382.085(b), by failing to maintain a recordkeeping system and exercise good housekeeping procedures; PENALTY: $1,375; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118- 6951, (817) 588-5800.

(18) COMPANY: Darin Jeffries; DOCKET NUMBER: 2001-1397-OSI-E; IDENTIFIER: OSSF License Number 2868; LOCATION: Abilene, Taylor County, Texas; TYPE OF FACILITY: OSSF; RULE VIOLATED: 30 TAC §285.61(4) and (5), and THSC, §366.051(c), by failing to obtain documentation that the owner or owner's agent has the permitting authority's authorization prior to construction of an OSSF and notify the permitting authority of the date on which construction will begin; PENALTY: $400; ENFORCEMENT COORDINATOR: Carl Schnitz, (512) 239-1892; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(19) COMPANY: Lanar, Inc. dba Three Corners Food Store; DOCKET NUMBER: 2001-1512- PST-E; IDENTIFIER: PST Facility Identification Number 0045513; LOCATION: Kennedale, Tarrant County, Texas; TYPE OF FACILITY: gasoline retail station; RULE VIOLATED: 30 TAC §115.245(3) and THSC, §382.085(b), by failing to successfully perform five-year testing of the Stage II equipment; 30 TAC §115.242(3)(D) and THSC, §382.085(b), by failing to maintain the Stage II VRS; and 30 TAC §115.246(7)(A) and THSC, §382.085(b), by failing to maintain Stage II records onsite and available for review; PENALTY: $3,200; ENFORCEMENT COORDINATOR: Alayne Furguson, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(20) COMPANY: Lone Star Dirt and Paving Enterprises, Inc.; DOCKET NUMBER: 2002- 0067-AIR-E; IDENTIFIER: Air Account Number 94-5259-A; LOCATION: Lubbock, Lubbock County, Texas; TYPE OF FACILITY: portable asphalt batch plant; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 45259, and THSC, §382.085(b), by failing to obtain written approval for the use of any fuel other than sweet natural gas for the dryer and hot oil heater; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Gary Shipp, (806) 796-7092; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(21) COMPANY: Manuel B. Lopez dba Lopez Stop-N-Go; DOCKET NUMBER: 2001-1006- PST-E; IDENTIFIER: PST Facility Identification Number 9417; LOCATION: Robstown, Nueces County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and the Code, §26.3475, by failing to provide proper release detection for the UST systems; 30 TAC §37.815(a) and (b), by failing to demonstrate the required financial responsibility; and 30 TAC §334.7(c)(3), by failing to provide an amended registration; PENALTY: $5,625; ENFORCEMENT COORDINATOR: Gary McDonald, (361) 825- 3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(22) COMPANY: Masters Resources, LLC; DOCKET NUMBER: 2002-0287-AIR-E; IDENTIFIER: Air Account Number CI-0175-U; LOCATION: Anahuac, Chambers County, Texas; TYPE OF FACILITY: natural gas production; RULE VIOLATED: 30 TAC §101.360(a) and THSC, §382.085(b), by failing to submit a completed ECT-3 form, level of activity certification; PENALTY: $600; ENFORCEMENT COORDINATOR: Sushil Modak, (512) 239-2142; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(23) COMPANY: Masters Resources, LLC; DOCKET NUMBER: 2002-0288-AIR-E; IDENTIFIER: Air Account Number CI-0160-K; LOCATION: Anahuac, Chambers County, Texas; TYPE OF FACILITY: natural gas production; RULE VIOLATED: 30 TAC §101.360(a) and THSC, §382.085(b), by failing to submit a completed ECT-3 form, level of activity certification; PENALTY: $600; ENFORCEMENT COORDINATOR: Sushil Modak, (512) 239-2142; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(24) COMPANY: Mike D. Hill dba Mike's Country Store; DOCKET NUMBER: 2001-1556- PST-E; IDENTIFIER: PST Facility Identification Number 0065408; LOCATION: Gardendale, Ector County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(B) and (5)(A)(i) and the Code, §26.346(a) and §26.3467(a), by failing to submit a UST registration and self-certification form and make available a valid, current delivery certificate; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Dan Landenberger, (915) 570-1359; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(25) COMPANY: Mission Petroleum Carriers, Inc.; DOCKET NUMBER: 2002-0039-PST-E; IDENTIFIER: Enforcement Identification Number 17269; LOCATION: Brownsville, Cameron County, Texas; TYPE OF FACILITY: fuel distribution; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that no common carrier shall deposit any regulated substance into a regulated UST; PENALTY: $42,400; ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(26) COMPANY: Navajo Refining Company; DOCKET NUMBER: 2001-1204-AIR-E; IDENTIFIER: Air Account Number HT-0266-E; LOCATION: Big Spring, Howard County, Texas; TYPE OF FACILITY: crude oil gathering; RULE VIOLATED: 30 TAC §122.146(1) and THSC, §382.085(b), by failing to submit Title V compliance certifications; and 30 TAC §122.145(2)(B) and THSC, §382.085(b), by failing to submit deviation reports; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Dan Landenberger, (915) 570-1359; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(27) COMPANY: Oil Patch Petroleum, Inc.; DOCKET NUMBER: 2001-1571-PST-E; IDENTIFIER: Enforcement Identification Number 17041; LOCATION: Port Lavaca, Calhoun County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owners or operators had a valid, current delivery certificate; PENALTY: $14,000; ENFORCEMENT COORDINATOR: Michelle Harris, (512) 239-0492; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(28) COMPANY: Oldmoc, Inc.; DOCKET NUMBER: 2002-0109-PST-E; IDENTIFIER: Enforcement Identification Number 17218; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owners or operators had a valid, current delivery certificate; PENALTY: $400; ENFORCEMENT COORDINATOR: Gary Shipp, (806) 796-7092; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(29) COMPANY: Oneok Texas Field Services, L.P.; DOCKET NUMBER: 2001-1476-AIR-E; IDENTIFIER: Air Account Number CF-0017-D; LOCATION: Skellytown, Carson County, Texas; TYPE OF FACILITY: natural gas compression; RULE VIOLATED: 30 TAC §116.160(a), 40 CFR §52.21(b)(23)(i), and THSC, §382.085(b), by failing to comply with prevention of significant deterioration of air quality regulations; 30 TAC §122.121 and §122.130(c)(1) (now 30 TAC §122.130(b)(1)), and THSC, §382.054 and §382.085(b), by failing to submit an administratively complete abbreviated Title V site operating permit application; and 30 TAC §122.145(2(A) - (C) and §122.146(5)(D), and THSC, §382.085(b), by failing to submit three deviation reports; PENALTY: $56,875; ENFORCEMENT COORDINATOR: Ronnie Kramer, (806) 353-9251; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(30) COMPANY: Savoy Kay dba S & S Fuels Company; DOCKET NUMBER: 2002-0089-AIR- E; IDENTIFIER: Air Account Number EE-0888-J; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: gasoline dispensing station; RULE VIOLATED: 30 TAC §115.252(2) and THSC, §382.085(b), by allowing the transfer of gasoline with a Reid Vapor Pressure greater than seven pounds per square inch absolute; PENALTY: $720; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(31) COMPANY: San Antonio Shoe, Inc.; DOCKET NUMBER: 2001-1264-AIR-E; IDENTIFIER: Air Account Number VA-0045-J and General Operating Permit Number O-01881; LOCATION: Del Rio, Val Verde County, Texas; TYPE OF FACILITY: shoe manufacturing; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit the annual Title V compliance certification; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 14520 Judson Road, San Antonio, Texas 78233- 4480, (210) 490-3096.

(32) COMPANY: SOS Liquid Waste Haulers, Ltd. Co. and South Loop Land & Cattle, L.C.; DOCKET NUMBER: 2001-1551-MLM-E; IDENTIFIER: Sludge Transporter Identification Number 22085 and Beneficial Reuse Registration Identification Number 710830; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: trucking company; RULE VIOLATED: 30 TAC §330.5(a) and the Code, §26.121, by allegedly allowing and causing wastewater treatment plant sludge to be disposed of outside the boundaries of land registered to receive the waste for beneficial reuse; PENALTY: $5,400; ENFORCEMENT COORDINATOR: Malcolm Ferris, (210) 490-3096; REGIONAL OFFICE: 14520 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(33) COMPANY: South Hampton Refining Co.; DOCKET NUMBER: 2001-1547-AIR-E; IDENTIFIER: Air Account Number HF-0017-K; LOCATION: Silsbee, Hardin County, Texas; TYPE OF FACILITY: industrial organic chemical manufacturing; RULE VIOLATED: 30 TAC §101.20(1) and §116.115(c), Air Permit Number 3295, 40 CFR §60.104(a)(1), and THSC, §382.085(b), by failing to comply with the hydrogen sulfide limitation of 0.10 grams per dry standard cubic foot for fuel gas and to comply with an emission limit; PENALTY: $5,938; ENFORCEMENT COORDINATOR: Laura Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(34) COMPANY: South Texas Moulding, Inc.; DOCKET NUMBER: 2001-1548-AIR-E; IDENTIFIER: Air Account Number HN-0185-U; LOCATION: Donna, Hidalgo County, Texas; TYPE OF FACILITY: woodworking plant; RULE VIOLATED: 30 TAC §101.4 and THSC, §382.085(a) and (b), by failing to control the discharge of an air contaminant; PENALTY: $6,250; ENFORCEMENT COORDINATOR: Sandra Hernandez, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(35) COMPANY: Sunesara Investment Inc. dba Baytown Market No. 2; DOCKET NUMBER: 2001-1403-PST-E; IDENTIFIER: PST Facility Identification Number 0071455; LOCATION: Baytown, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.875(a) and (b), by failing to maintain evidence of mechanisms used to demonstrate financial assurance; 30 TAC §334.8(c)(4)(B) and (5)(A)(i), and the Code, §26.346(a) and §26.3467(a), by failing to submit a UST registration and self-certification form and make available a valid, current delivery certificate; PENALTY: $8,250; ENFORCEMENT COORDINATOR: Catherine Sherman, (713) 7675-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(36) COMPANY: VJ Enterprises, Inc. dba Swing N Stop; DOCKET NUMBER: 2002-0257-PST- E; IDENTIFIER: PST Facility Identification Number 0016318; LOCATION: Porter, Montgomery County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(B) and (5)(A)(i), and the Code, §26.346(a) and §26.3467(a), by failing to submit a UST registration and self-certification form and make available a valid, current delivery certificate; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Trina Grieco, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.

(37) COMPANY: ANF Corporation dba Texaco Popeyes; DOCKET NUMBER: 2002-0027- PST-E; IDENTIFIER: PST Facility Identification Number 0071722; LOCATION: Frisco, Collin County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(B) and (5)(A)(i), and the Code, §26.346(a) and §26.3467(a), by failing to submit a UST registration and self-certification form and make available a valid, current delivery certificate; PENALTY: $1,200; ENFORCEMENT COORDINATOR: Sunday Udoetok, (512) 239-0739; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(38) COMPANY: Wall Colmonoy Corporation; DOCKET NUMBER: 2001-1382-IHW-E; IDENTIFIER: Solid Waste Registration Number 34385; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: engine aircraft maintenance; RULE VIOLATED: 30 TAC §335.4 and the Code, §26.121, by failing to prevent and contain unauthorized discharges; 30 TAC §335.69(a)(2) and (3), by failing to label a drum of hazardous waste; 30 TAC §335.6(c) and §335.503(b)(2), by failing to assign a unique four-digit sequence number to individual waste streams and include all waste generated on the notice of registration; and 30 TAC §335.10(b)(22), by failing to include the waste classification code number on two manifests; PENALTY: $10,000; ENFORCEMENT COORDINATOR: Mac Vilas, (512) 239-2557; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(39) COMPANY: Western Marketing, Inc.; DOCKET NUMBER: 2002-0018-PST-E; IDENTIFIER: Enforcement Identification Number 17419; LOCATION: Westbrook, Mitchell County, Texas; TYPE OF FACILITY: fuel distribution; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to observe that the owner or operator had a valid, current delivery certificate; PENALTY: $1,200; ENFORCEMENT COORDINATOR: Carolyn Easley, (915) 698-9674; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(40) COMPANY: Westwood VII Management, LLC; DOCKET NUMBER: 2001-1297-AIR-E; IDENTIFIER: Air Account Number HF-0231-G; LOCATION: Lumberton, Hardin County, Texas; TYPE OF FACILITY: subdivision; RULE VIOLATED: 30 TAC §101.4 and THSC, §382.085(a) and (b), by failing to prevent the discharge of one or more air contaminants; and 30 TAC §111.201 and THSC, §382.085(b), by failing to comply with outdoor burning regulations; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Laura Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

TRD-200203106

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: May 21, 2002


Notice of Water Quality Applications

The following notices were issued during the period of May 1, 2002 through May 16, 2002.

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

AQUASOURCE UTILITY, INC. has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14018-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 450,000 gallons per day. The plant site is located approximately 9.9 miles west of the intersection of State Highway 105 and Interstate 45 and approximately 600 feet directly west of the intersection of State Highway 105 and Lake Conroe Village Boulevard in Montgomery County, Texas.

THE CITY OF ASHERTON has applied for a renewal of TPDES Permit No. 13746-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 180,000 gallons per day. The facility is located 6,000 feet northeast of U.S. Highway 83 and 4,000 feet northwest of Farm-to-Market Road 190 in Dimmit County, Texas. The treated effluent is discharged to an unnamed tributary; thence to El Moro Creek; thence to Soldier Slough; thence to the Nueces River Above Holland Dam in Segment No. 2105 of the Nueces River Basin.

CITY OF BLOOMBURG has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a renewal of TPDES Permit No. 13930-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 90,000 gallons per day. The facility is located approximately 200 feet south of the intersection of Anthony and Louisiana Streets in Cass County, Texas.

CAPE ROYALE UTILITY DISTRICT has applied for a renewal of TPDES Permit No. 10997- 001, 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 5.5 miles north of the City of Coldspring in the northwest corner of the Cape Royal Subdivision, on the shore of Lake Livingston in San Jacinto County, Texas.

CITGO REFINING AND CHEMICALS COMPANY L.P. which operates its Deep Sea Terminal, a petroleum intermediates storage facility (SIC 4226), has applied for a renewal of TPDES Permit No. 02614, which authorizes the discharge of storm water on an intermittent and flow variable basis via Outfalls 001, 002 and 003. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing NPDES Permit No. TX0092461 issued on July 11, 1985 and TNRCC Permit No. 02614, issued on October 5, 1999. The facility is located 4806 Up River Road, in the City of Corpus Christi, Nueces County, Texas.

COOPER CAMERON CORPORATION has applied for a renewal of TNRCC Permit No. 13668-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 6,250 gallons per day. The plant site is located at the intersection of U.S. Highway 90 and Farm-to-Market Road 1909 and approximately 3 miles east of the City of Liberty in Liberty County, Texas.

DIANA WATER SUPPLY CORPORATION has applied for a renewal of TPDES Permit No. 11199-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 120,000 gallons per day. The facility is located approximately 1/4 mile east of the intersection of U.S. Highway 259 and Farm-to-Market Road 3245 on the north side of Farm-to- Market Road 3245 in Upshur County, Texas.

CITY OF DALHART has applied for a major amendment to TPDES Permit No. 10099-001 to authorize an increase in the discharge of treated domestic wastewater from an annual average flow not to exceed 1,000,000 gallons per day to an annual average flow not to exceed 1,500,000 gallons per day. The plant site is located approximately 0.5 mile west of U.S. Highway 87, approximately 2.5 miles southeast of the intersection of U.S. Highway 54 and U.S. Highway 87 in Hartley County, Texas. The treated effluent is discharged to Rita Blanca Lake in Segment No. 0105 of the Canadian River Basin.

WEST HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 11 has applied for a renewal of TNRCC Permit No. 13689-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 1,500,000 gallons per day. The draft permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,500,000 gallons per day. The plant site is located adjacent to the west side of Sam Houston Toll Road and the north side of a Harris County Flood Control Ditch, south of West Road and east of Whiteoak Bayou in Harris County, Texas.

NORTHWEST HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 16 has applied for a renewal of TPDES Permit No. 11935-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 990,000 gallons per day. The facility is located approximately 5,800 feet southwest of the intersection of Farm-To-Market Road 529 and State Highway 6 in Harris County, Texas.

CITY OF KERENS has applied for a renewal of Permit No. 10745-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 210,000 gallons per day. The facility is located adjacent to Farm-to-Market Road 633 and approximately half mile southwest of the City of Kerens in Navarro County, Texas.

LOWER COLORADO RIVER AUTHORITY AND BRAZOS RIVER AUTHORITY have applied for a major amendment to TPDES Permit No. 11324-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 400,000 gallons per day to a daily average flow not to exceed 950,000 gallons per day. The facility is located 1,300 feet east of Farm-to-Market Road 1660 and 1,500 feet south of State Highway 79 in the City of Hutto in Williamson County, Texas. The treated effluent is discharged to Cottonwood Creek; thence to Brushy Creek in Segment No. 1244 of the Brazos River Basin.

CITY OF MONTGOMERY has applied for a renewal of TPDES Permit No. 11521-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 250,000 gallons per day. The facility is located north of the City of Montgomery, approximately 4000 feet north of the intersection of Farm-to-Market Road 149 and State Highway 105, just west of the point where Farm-to-Market Road crosses Town Creek in Montgomery County, Texas.

MARY ANN MOORE has applied for a renewal of TPDES Permit No. 11465-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 15,000 gallons per day. The facility is located approximately 1250 feet north of Farm-to-Market Road 2457 at a point approximately 3 miles west of the intersection of Farm-to-Market Road 2457 and U.S. Highway 190, near the east shore of Lake Livingston in Polk County, Texas.

TOWN OF OAK RIDGE has applied for a renewal of TPDES Permit No. 13514-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 37,500 gallons per day. The facility is located approximately 1700 feet south of U.S. Highway 82 and approximately 9800 feet west of Farm-to-Market Road 678 in Cooke County, Texas.

PURE UTILITIES, L.C. has applied for a renewal of TPDES Permit No. 14014-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 30,000 gallons per day. The facility is located approximately 500 feet east of U.S. Highway 59, approximately 1 mile south of the intersection of U.S. Highway 59 and Farm-to-Market Road 1988, approximately 3 miles south of the intersection of U.S. Highway 59 and State Highway 190 in Polk County, Texas.

SAN ANTONIO WATER SYSTEM has applied for a renewal of TPDES Permit No. 10137- 036, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 64,000 gallons per day. The facility is located approximately 0.75 mile southeast of the intersection of Farm-to-Market Road 1560 and Farm-to-Market Road 471 and approximately one mile west of the intersection of State Highway Loop 1604 and Farm-to-Market Road 471 in Bexar County, Texas.

Stowaway Bay Property Owners Association has applied for a Texas Pollutant Discharge Elimination System (TPDES) wastewater permit. The applicant has an existing Texas Natural Resource Conservation Commission (TNRCC) Permit No. 11779-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 20,000 gallons per day. The plant site is located on the west side of Farm-to-Market Road 3186 approximately 2 miles south of the intersection of State Highway 190 and Farm-to-Market Road 3186 in Polk County, Texas.

SUNBELT FRESH WATER SUPPLY DISTRICT has applied for a renewal of TPDES Permit No. 11670-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 990,000 gallons per day. The facility is located approximately 4000 feet east of the Fairbanks North Houston Road bridge over WhiteOak Bayou in Harris County, Texas. The treated effluent is discharged to Harris County Flood Control Ditch E124-00-00; thence to WhiteOak Bayou Above Tidal in Segment No. 1017 of the San Jacinto River Basin.

SWEETWATER UTILITY, L.L.C., has applied for a renewal of TPDES Permit No. 14094- 001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 156,000 gallons per day. The facility is located at the end of an existing dirt road; approximately 3,000 feet east of Rhode Lane; 6,000 feet northwest of the intersection of Highway 21, Rhode Lane and County Road 2001 and approximately 7,000 feet northeast of the intersection of Brushy Creek and Highway 21 in Hays County, Texas.

TXU GENERATION COMPANY LP has applied for a renewal of Permit No. 00556, which authorizes the disposal of cooling tower blowdown and low volume wastewater at a daily average flow not to exceed 4,000,000 gallons per day via evaporation and/or infiltration into an underground aquifer in the Monument Draw Pond, and low volume wastewater and storm water runoff at a daily flow not to exceed 352,000 gallons per day via evaporation and/or infiltration into an underground aquifer in the Plant Pond. The plant site is located on a private road approximately one-half mile north of Business 20 (former U.S. Highway 80), four miles west of the Business 20 and State Highway 18 intersection, in the City of Monahans, Ward County, Texas.

THOUSAND TRAILS INC a residential wastewater provider, has applied for a renewal of TPDES Permit No. 12349-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 30,000 gallons per day. The facility is located approximately 3 miles west of the intersection of Farm-to-Market Road 830 and Interstate Highway 45, 1.3 miles west-southwest of the intersection of Farm-to-Market 830 and Old Willis-Montgomery Road and 1000 feet northwest of the intersection of Old Willis-Montgomery Road with the shoreline of Lake Conroe in Montgomery County, Texas.

U.S. ARMY CORPS OF ENGINEERS has applied for a renewal of TPDES Permit No. 12060-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 5,000 gallons per day. The domestic wastewater treatment facility is located in Lakeland Park, on the east side of Lavon Lake at a point approximately 2 miles west of the intersection of State Highway 78 and State Highway Spur 509 in Collin County, Texas.

VIA BAYOU, INC. has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14326-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 20,000 gallons per day. The facility is located at 10000 San Leon Drive in Galveston County, Texas. The treated effluent is discharged to a series of ponds; thence to a drainage ditch; thence to Dickinson Bayou Tidal in Segment No. 1103 of the San Jacinto-Brazos Coastal Basin.

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

CITY OF EAST TAWAKONI has applied for a Texas Pollutant Discharge Elimination System (TPDES) wastewater permit. The applicant has an existing Texas Natural Resource Conservation Commission (TNRCC) Permit No. 11428-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 100,000 gallons per day. The plant site is located approximately one mile due east of the intersection of State Highway 276 and Farm-to-Market Road 513 on the northeast side of Lake Tawakoni in Rains County, Texas.

The Texas Natural Resource Conservation Commission (TNRCC) has initiated a minor amendment of the Texas Pollutant Discharge Elimination System (TPDES) permit issued to CITY OF RIO GRANDE CITY. The minor amendment is to remove provisions in the biomonitoring language which prohibit the dechlorination of effluent samples after collection. The existing permit 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 on the north bank of the Rio Grande, approximately 0.5 mile upstream of the International Bridge (Farm-to-Market Road 755) on the Old Fort Ringgold Site east of Rio Grande City in Starr County, Texas.

TRD-200203142

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: May 22, 2002


Notice of Water Rights Application

Notices mailed during the period May 8, 2002 through May 21, 2002

APPLICATION NO. 23-939A Lorenzo Hernandez, P.O. Box 892, Presidio, TX, 79845, applicant, seeks to amend Certificate of Adjudication No. 23-939, pursuant to Texas Water Code (TWC) 11.122, and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. Applicant owns Certificate of Adjudication No. 23-939, which authorizes the diversion and use of not to exceed 45 acre-feet of water per annum at a maximum diversion rate of 2.3 cfs (1,500 gpm) from the Rio Grande, Rio Grande Basin in Presidio County for irrigation of 15 acres of land out of a 17.5 acre tract in Presidio, County, Texas. Applicant seeks to add a new diversion point on the Rio Grande approximately 65.97 river miles upstream of the currently authorized diversion point, to a point at Latitude 30.064 degrees N, Longitude 104.698 degrees W, also, bearing N 62 degrees E, 825 feet from the southeast corner of the T. & P. Ry. Survey for irrigation of 10 acres of land in Presidio County. Pursuant to an agreement between the landowner and applicant dated June 1, 2001, the applicant will allow the landowner to pump the water and irrigate on his land. The authority to use the water authorized under Certificate of Adjudication No. 23-939 is contingent on the maintenance of the agreement between the landowner and applicant. No changes to diversion amount or rate are requested. Pursuant to 30 TAC 295.153 and 295.158 (c)(2)(d), notice will be sent by certified mail to the 19 water rights holders of record with diversion points on the Rio Grande between the original diversion point and the requested diversion point. The application was received on January 11, 2002. The Executive Director reviewed the application and determined it to be administratively complete on April 22, 2002. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, by June 5, 2002. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed by June 5, 2002. The Executive Director may approve the application unless a written request for a contested case hearing is filed.

APPLICATION NO. 5772 Coleman Independent School District, West Pecan Street, P.O. Box 973, Coleman, Texas 76834, applicant, seeks a Water Use Permit pursuant to Texas Water Code (TWC) 11.042 and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. Mailed notice of the application is given pursuant to 30 TAC 295.153(a) & 295.161 to all of the downstream water right holders in the Colorado River Basin. Applicant seeks authorization to use the bed and banks of Little Concho Creek, tributary of Hords Creek, tributary of Pecan Bayou, tributary of the Colorado River, Colorado River Basin to convey purchased effluent water from the City of Coleman to the city's Memory Lake reservoir, authorized under Water Use Permit No. 3202, for subsequent diversion of not to exceed 22 acre-feet of water per annum for agricultural purposes to irrigate 2 acres of land in Coleman County. The water will be diverted from the perimeter of the aforesaid reservoir at a maximum rate of 0.155 cfs (70 gpm) and will travel approximately three quarters of a mile downstream, from the point of discharge to Memory Lake. The diversion point, which will be on the perimeter of the reservoir, is located approximately 1,080 feet in a southwesterly direction from the northeast corner of the J. E. McCord Survey, Abstract No. 1486, one mile southwest of Coleman, Coleman County, Texas, also being at Latitude 31.84 degrees N and Longitude 99.44 degrees W. The School District has contracted, via an Agreement for Sale and Purchase of Water, to purchase effluent from the City of Coleman's wastewater treatment plant, which will be discharged upstream. The application was received on February 14, 2002 and the additional information was received on April 2, 3, and 8, 2002. The application was determined to be administratively complete on April 18, 2002. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk at the address provided in the information section below by June 12, 2002. A public meeting is intended for the taking of public comment and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed by June 12, 2002. The Executive Director may approve the application unless a written request for a contested case hearing is filed by June 12, 2002.

APPLICATION No. 12-5322D Applicant, Chocolate Bayou Water Company (CBWC), P.O. Box 550, Alvin, Texas 77512-0550, seeks to amend Certificate of Adjudication No.12-5322, as amended, pursuant to Texas Water Code 11.122 and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. Pursuant to TAC 295.152 and TAC 295.153, notice is being published and mailed to all water right holders of record with diversion points on the Brazos River between the existing and proposed diversion points. Certificate of Adjudication No. 12-5322, as amended, authorizes the CBWC to maintain, and impound water in, three off-channel reservoirs (Juliff, Bonney, and Liverpool Reservoirs) used as buffer reservoirs to facilitate pumping and efficiency, with no right to use the reservoirs for storage of state water other than during the irrigation season. Owner is further authorized to divert and use from the Brazos River, Brazos River Basin, not to exceed 155,000 acre-feet of water per annum for municipal, agriculture, and industrial purposes within the district's service area in Fort Bend, Brazoria and Harris Counties. Time priority is February 8, 1929 for diversion and use of the first 40,000 acre-feet at 400 cfs (180,000 gpm); March 14, 1955 for the next 40,000 acre-feet at 668 cfs (300,600 gpm) and July 25, 1983 for the remaining 75,000 acre-feet at 900 cfs (405,000 gpm). The diversion is subject to a special condition restricting diversion to streamflow exclusive of contract water released by the Brazos River Authority for downstream use. Applicant seeks to amend Certificate of Adjudication No 12-5322, as amended, to add a diversion point on the Brazos River approximately 65 miles up-stream of the currently authorized point to be located 6.4 miles S 1.7 degrees W from the City of Hempstead in Waller County, also being 30.004 degrees N Latitude and 96.080 degrees W Longitude. No increase in the diversion amount, the diversion rate, or the place of use is being requested. The amendment application was received on August 28, 2001. Additional information was received on November 12, 2001 and November 30, 2001. The application was determined to be administratively complete on December 12, 2001. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed within 30 days after newspaper publication of this notice.

APPLICATION NO. 5771 Three Par Golf, Inc., 417 South 11th Street, Abilene, Texas 79602, applicant, seeks a Water Use Permit pursuant to Texas Water Code (TWC) 11.121 and 11.143 and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. Published and mailed notice of the application are given pursuant to 30 TAC 295.152 and 295.153 to all of the water right holders in the Brazos River Basin. Applicant seeks authorization to maintain an existing dam and reservoir on Button Willow Creek, tributary of Cedar Creek, tributary of Elm Creek, tributary of the Clear Fork Brazos River, tributary of the Brazos River, the Brazos River Basin in Taylor County. Pursuant to a Water Supply Contract with the City of Abilene, applicant also seeks authorization to divert and use not to exceed 20 acre-feet of purchased effluent water per annum from a point on the aforesaid reservoir for agricultural use to irrigate 12 acres of land out of 34 acre tract in the Blind Asylum Lands Original Survey No. 66, Abstract No. 719 in Taylor County. Water will be diverted from the reservoir at a maximum rate of 0.133 cfs (60 gpm). The reservoir has a capacity of 20.8 acre-feet with a surface area of 5.2 acres. Station 1 on the centerline of the dam is located S 40 degrees E, 2,600 feet from the Blind Asylum Lands Original Survey No. 66, Abstract No. 719 in Taylor County, at Latitude 32.40 degrees N, Longitude 99.74 degrees W. The diversion point is located S 37 degrees E, 2,650 feet from the northwest corner of the aforesaid survey, also being at Latitude 32.40 degrees N, Longitude 99.74 degrees W. Ownership of the land is evidenced by Warranty Deed Nos. 6324 and 6325, Vol. 1583, Pages 406-412, as recorded in the Taylor County Records. Three Par Golf, Inc. will maintain the water level of the reservoir with purchased effluent water from the City of Abilene. The application was received on January 30, 2001. Additional information was received on May 11, 2001. The Executive Director reviewed the application and determined it to be administratively complete on April 12, 2002. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk at the address provided in the information section below within 30 days of the date of newspaper publication of the notice. A public meeting is intended for the taking of public comment and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed within 30 days after newspaper publication of this notice.

PROPOSED PERMIT NO. 8226 Hilltop Holdings, Inc., 6978 I.H. 35, New Braunfels, Texas 78130, seeks a Temporary Water Use Permit pursuant to 11.138, Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. Pursuant to 30 TAC 295.153, this notice should be mailed to the downstream water right holders of record in the Guadalupe River Basin. Applicant seeks authorization to divert and use 99 acre-feet of water within a period of three years from unnamed tributary of Water Hole Creek, a tributary of York Creek, a tributary of the San Marcos River, tributary of the Guadalupe River, Guadalupe River Basin for storage in an off-channel reservoir for recreational purposes. The water will also be used for the initial fill of the reservoir and to compensate for evaporative losses. The reservoir is located 5.8 miles northeast of New Braunfels, Texas, bearing N64.4 degrees W, 1099.2 feet from the northeast corner of a three lot subdivision no. 23 of the A.M. Esnaurizar Eleven League Grant, Comal County, also being 29.8 degrees N Latitude and 98.1 degrees W Longitude, and will impound a maximum of 39.1 acre-feet of water with a total surface area of 8.1 acres. The application was received on April 18, 2002. Additional fees were received on May 3, 2002. The application was declared administratively complete on May 3, 2002. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below by June 4, 2002. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed by June 4, 2002. The Executive Director may approve the application unless a written request for a contested case hearing is filed by June 4, 2002.

Information Section

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

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

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

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

TRD-200203137

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: May 22, 2002


North Central Texas Council of Governments

Request for Proposals to Conduct a Thoroughfare Assessment Program in the Dallas-Fort Worth Metropolitan Area

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

The North Central Texas Council of Governments is requesting written proposals from consultants to conduct a Thoroughfare Assessment Program in the Dallas-Fort Worth Metropolitan Area. The Program will maximize the capacity of the existing arterial system by implementing low cost capital improvements on selected thoroughfares. Engineering services will be required as part of this project and multiple consultant firms may be selected to perform the required tasks. The selected consultant firm(s) will implement a Thoroughfare Assessment Program to audit selected thoroughfares, assess operational characteristics, estimate air quality benefits of proposed improvements, and develop and implement recommended improvements.

Due Date

Proposals must be submitted no later than 5 p.m., Central Daylight Time, on Friday, June 28, 2002, to Natalie Bettger, Senior Transportation Planner, North Central Texas Council of Governments, 616 Six Flags Drive, Arlington, Texas 76011. For more information and to obtain copies of the Request for Proposals, contact Natalie Bettger at (817) 695-9280. Questions concerning the Instructions for Proposals or the Scope of Services should be submitted to Natalie Bettger by e-mail at nbettger@dfwinfo.com by Friday, June 7, 2002. A Pre-Proposal Conference will be held on June 12, 2002 at 2 p.m. at the NCTCOG offices to provide an overview and answer questions regarding the RFP. Consultants need to be willing and able to interview, if necessary, on July 9, 2002.

Contract Award Procedures

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

Regulations

NCTCOG, in accordance with Title VI of the Civil Rights Act of 1964, 78 Statute 252, 42 United States Code 2000(d) to 2000(d)(1); and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 1, Nondiscrimination in Federally Assisted Programs of the Department of Transportation issued pursuant to such act, hereby notifies all proposers that it will affirmatively assure that in regard to any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, age, national origin, or disability in consideration of an award.

TRD-200203029

R. Michael Eastland

Executive Director

North Central Texas Council of Governments

Filed: May 15, 2002


Texas Department of Protective and Regulatory Services

Correction of Error--RFP Concerning Texas Families: Together and Safe Services

The Texas Department of Protective and Regulatory Services published a Request for Proposal (RFP) to provide Texas Families: Together and Safe services in the May 10, 2002, issue of the Texas Register (27 TexReg 4219).

Due to an agency error, the State Internet Site address was published incorrectly. The correct address is http://esbd.tbpc.state.tx.us

TRD-200203095

C. Ed Davis

Deputy Director, Legal Services

Texas Department of Protective and Regulatory Services

Filed: May 20, 2002


Public Utility Commission of Texas

Notice of Application for a Certificate to Provide Retail Electric Service

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on May 15, 2002, for retail electric provider (REP) certification, pursuant to §§39.101 - 39.109 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of PG&E Energy Trading - Power, L.P. for Retail Electric Provider (REP) certification, Docket Number 25908.

Applicant's requested service area by geography or service area by customers includes the geographic area of the Electric Reliability Council of Texas (ERCOT).

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 June 7, 2002. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200203067

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 17, 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 13, 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 Charles Lynn Morrison Sr., doing business as C&C Communications for a Service Provider Certificate of Operating Authority, Docket Number 25893.

Applicant intends to provide plain old telephone service.

Applicant's requested SPCOA geographic area includes the exchanges of Greenville, Cash, Wolfe City, Quinlan, Tawakoni, Cumby, and Emory throughout the State of Texas.

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 June 5, 2002. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200203030

Rhonda Dempsey

Rules Coordinator

Public Utiltity Commission of Texas

Filed: May 15, 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 13, 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 Western Communications, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 25894.

Applicant intends to provide plain old telephone service, ADSL, ISDN, HDSL, SDSL, RADSL, VDSL, Optical Services, T1-Private Line, Switch 56 KBPS, Frame Relay, Fractional T1, long distance, and wireless services.

Applicant's requested SPCOA geographic area includes the area of Texas currently served by Southwestern Bell Telephone Company, Verizon Southwest, Inc., Sugar Land Telephone Company, and United Telephone Company of Texas, Inc., doing business as Sprint.

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 June 5, 2002. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200203031

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 15, 2002


Notice of Application to Discontinue Tariffed Service

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application to discontinue Switchlink Plus and Digital Switched 56 Service pursuant to P.U.C. Substantive Rule §26.208.

Docket Style and Number: Application of Central Telephone Company of Texas, Inc. doing business as Sprint to Discontinue Switchlink Plus and Digital Switched 56 Service Pursuant to P.U.C. Substantive Rule §26.208; P.U.C. Docket Number 25836.

The Application: Central Telephone Company of Texas, Inc. (Sprint) states these are non- chargeable features for which there has been no customer demand for the past three years and there is no anticipated future customer demand. Sprint stated that this proposed revision has previously become effective in Sprint's Local Telephone Company's Tariff FCC Number 3.

The commission has jurisdiction over this matter pursuant to P.U.C. Substantive Rule §26.208.

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

TRD-200203048

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 16, 2002


Public Notice of Amendment to Interconnection Agreement

On May 14, 2002, Southwestern Bell Telephone, LP doing business as Southwestern Bell Telephone Company and SBC Advanced Solutions, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104- 104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 25904. 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 25904. 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 14, 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 25904.

TRD-200203044

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 16, 2002


Public Notice of Amendment to Interconnection Agreement

On May 14, 2002, Southwestern Bell Telephone, LP doing business as Southwestern Bell Telephone Company and IP Communications Corporation, 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 25905. 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 25905. 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 14, 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 25905.

TRD-200203045

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 16, 2002


Public Notice of Amendment to Interconnection Agreement

On May 15, 2002, ICG Telecom Group, Inc. and Verizon Southwest, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 25911. 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 25911. 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 17, 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 25911.

TRD-200203051

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 16, 2002


Public Notice of Amendment to Interconnection Agreement

On May 15, 2002, Southwestern Bell Telephone, LP doing business as Southwestern Bell Telephone Company and Vartec Telecom, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 25912. 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 25912. 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 17, 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 25912.

TRD-200203052

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 16, 2002


Public Notice of Amendment to Interconnection Agreement

On May 15, 2002, Southwestern Bell Telephone, LP doing business as Southwestern Bell Telephone Company and Extel Enterprises, 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 25913. 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 25913. 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 17, 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 25913.

TRD-200203053

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 16, 2002


Public Notice of Amendment to Interconnection Agreement

On May 16, 2002, Southwestern Bell Telephone, LP doing business as Southwestern Bell Telephone Company and 1stTel, 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 25915. 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 25915. 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 18, 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 25915.

TRD-200203068

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 17, 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. Texas Alltel, Inc. Application for Approval of LRIC Study for new Customized Number Service Pursuant to P.U.C. Substantive Rule §26.214 on May 29, 2002, Docket Number 25916.

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 25916. 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-200203109

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 21, 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. Sugar Land Telephone Company Application for Approval of LRIC Study for new Customized Number Service Pursuant to P.U.C. Substantive Rule §26.214 on May 29, 2002, Docket Number 25917.

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 25917. 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-200203110

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 21, 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. Sugar Land Telephone Company Application for Approval of LRIC Study for new T-1 Bundle Service Pursuant to P.U.C. Substantive Rule §26.214 on May 31, 2002, Docket Number 25922.

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 25922. 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-200203111

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 21, 2002


Public Notice of Interconnection Agreement

On May 13, 2002, AT&T Wireless Services, Inc. and Peoples Telephone Cooperative, 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 25895. 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 25895. 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 14, 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 25895.

TRD-200203037

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 16, 2002


Public Notice of Interconnection Agreement

On May 13, 2002, AT&T Wireless Services, Inc. and Guadalupe Valley Telephone Cooperative, 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 25896. 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 25896. 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 14, 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 25896.

TRD-200203038

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 16, 2002


Public Notice of Interconnection Agreement

On May 13, 2002, AT&T Wireless Services, Inc. and Alenco Communications, 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 25897. 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 25897. 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 14, 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 25897.

TRD-200203039

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 16, 2002


Public Notice of Interconnection Agreement

On May 13, 2002, AT&T Wireless Services, Inc. and Cumby Telephone Cooperative, 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 25898. 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 25898. 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 14, 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 25898.

TRD-200203040

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 16, 2002


Public Notice of Interconnection Agreement

On May 13, 2002, AT&T Wireless Services, Inc. and Blossom Telephone Company, 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 25899. 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 25899. 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 14, 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 25899.

TRD-200203041

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 16, 2002


Public Notice of Interconnection Agreement

On May 13, 2002, AT&T Wireless Services, Inc. and Lipan Telephone Company, 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 25900. 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 25900. 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 14, 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 25900.

TRD-200203042

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 16, 2002


Public Notice of Interconnection Agreement

On May 13, 2002, AT&T Wireless Services, Inc. and XIT Rural Telephone Cooperative, 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 25901. 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 25901. 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 14, 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 25901.

TRD-200203043

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 16, 2002


Public Notice of Interconnection Agreement

On May 15, 2002, CityNet Telecom, Inc. and Verizon Southwest, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 25909. 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 25909. 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 17, 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 25909.

TRD-200203049

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 16, 2002


Public Notice of Interconnection Agreement

On May 15, 2002, Excel Telecommunications, Inc. and Verizon Southwest, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104- 104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 25910. 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 25910. 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 17, 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 25910.

TRD-200203050

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 16, 2002


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

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

The commission approved a REP Annual Report Form in this proceeding. It is posted on the commission's website at www.puc.state.tx.us/electric/forms. Commission staff is now developing an annual report form for aggregators.

The commission will make available for comment copies of a Draft Aggregator Annual Report Form in Central Records and on the commission's website for Project Number 25317 on May 31, 2002 (www.puc.state.tx.us/electric/projects). Parties are requested to provide comment on the draft forms by Friday, June 14, 2002. Reply comments are due Friday, June 21, 2002.

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

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

TRD-200203108

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 21, 2002


Request for Comments Regarding Rulemaking to Address Municipal Authorized Review of Access Line Reporting

The Public Utility Commission of Texas (commission) request comments regarding Project Number 25433, Rulemaking to Address Municipal Authorized Review of Access Line Reporting . This rulemaking is pursuant to Texas Local Government Code §283.056(c)(3), which references a municipality's right "… to conduct an authorized review of the provider to ensure compliance with the access line reporting requirements of this chapter if commenced within 90 days after the filing of a certificated telecommunications provider's report of access lines."

By June 14, 2002, the commission requests comments from all interested municipalities including:

1. A general description of their proposed municipal authorized review process;

2. A description of the audit objective in applying certain procedures in the above review process;

3. Any internal control policies and procedures the CTPs should establish to provide assurance that these objectives are met in lieu of an authorized review;

4. Under what circumstances a municipality would rely on a compliance report assessing the error rate in the quarterly access line data issued by an independent third-party auditor;

5. A list and general description of the necessary information and documentation to which municipalities desire access as a part of the process;

6. A brief statement justifying the necessity for access to the documentation listed above;

7. A list of scenarios that might trigger the municipal authorized review process;

8. Proposed rule language that would address this process.

By June 28, 2002, the commission requests reply comments from all interested certificated telecommunications providers addressing the municipal comments of June 14, 2002 and further including:

1. What constitutes CTP compliance with the "adequate proof" provision as discussed in P.U.C. Substantive Rule §26.465(g)(2)(B)(iv);

2. Whether a notarized statement from an independent third-party auditor assessing the error rate in the quarterly access line data would preclude a municipal authorized review;

3. A brief statement of the methodology used in determining "uncollectibles."

4. The minimal generic terms of a nondisclosure agreement necessary for a municipal authorized review; and

5. Proposed rule language that would address the municipal authorized review process.

Responses may be filed by submitting 16 copies to the commission's Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, PO Box 13326, Austin, Texas 78711-3326. Electronic copies should also be submitted. All responses should reference Project Number 25433.

Questions concerning this notice should be referred to Hayden Childs, Telecommunications Policy Analyst, Telecommunications Division, (512) 936-7390 or hayden.childs@puc.state.tx.us. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200203120

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 21, 2002


Railroad Commission of Texas

Correction of Errors

The Railroad Commission of Texas proposed new 16 TAC §4.103, concerning Definitions. As published in the May 17, 2002, Texas Register (27 TexReg 4284), two commas were omitted from paragraph (29), "Gas plant evaporation/retention pit". Commas should follow the phrase "at a gasoline plant," and "natural gas liquids processing plant,". The text of paragraph (29) on page 4285 should read as follows.

(29) Gas plant evaporation/retention pit--A pit used for storage or disposal of cooling tower blowdown, water condensed from natural gas, or other waste water generated at a gasoline plant, natural gas or natural gas liquids processing plant, or a pressure maintenance or repressurizing plant."

The Railroad Commission of Texas proposed new 16 TAC §4.139. On page 4293, paragraph (b)(5), a word was omitted. As published, the text reads, "(5) for a permit for only, a topographic map..." The word "disposal" was inadvertently omitted. The correct wording should be: "(5) for a permit for disposal only, a topographic map..."

TRD-200203219

Filed: May 23, 2002


Texas Department of Transportation

Request for Proposal - Public Transportation Division

The Texas Department of Transportation (TxDOT) announces a Request for Proposal (RFP) for private consultant services from project initiation to thirty-six months later, with an option to renew for an additional twenty-four months. The project will be funded with 80% Federal Transit Administration §5313 program funding; state funds will provide the remaining 20%. The Public Transportation Division of TxDOT will administer the contract. The RFP will be released on May 31, 2002.

Purpose : The purpose of the funding is to conduct a transit system management performance review and develop a transportation development plan for selected rural transit systems and their subcontractors. The project will involve a detailed examination of the environment in which the transit system operates. The review will assess the performance of each operational unit, as well as the effectiveness and efficiency of the system as a whole. The review will also assess the decision-making process used by local officials to oversee performance and the organizational structure of the system. The transportation development plan will include a profile of existing service and users, and a needs assessment and demand estimation. Various service alternatives will be considered before developing a final service plan with an accompanying implementation program and funding plan. A minimum of three on-site visits to the transit agency are required.

Eligible Applicants : Eligible applicants include, but are not limited to, organizations that provide private consulting services to the rural public transit industry.

Availability of Funds : A maximum of $950,000 will be available over a five-year period. Initially, $175,000 will be available for approximately a fifteen month period to fund management reviews and transportation development plans for five rural transit systems identified in the RFP.

Program Goal : Title 43, Texas Administrative Code, §31.36 requires FTA §5311 grant recipients to develop performance goals for each fiscal year. The intent is to ensure that Texas' Rural Transit Districts (RTDs) are being operated in the most efficient and cost-effective manner possible. This project uses private consulting services to conduct management performance reviews and transportation development plans to aid specific RTDs. It is intended to provide technical assistance to the target agencies.

Review and Award Criteria : Each application will first be screened for completeness and timeliness. Proposals that are deemed incomplete or arrive after the deadline will not be reviewed. A team of reviewers from the Public Transportation Division and the transit industry will evaluate the proposals as to the private consultant's competence, knowledge, and qualifications and as to the reasonableness of the proposed fee for the services. The criteria and review process are further described in the RFP.

Deadlines : TxDOT must receive proposals prepared according to instructions in the RFP package at or before 1:00 p.m. Central Daylight Time, July 3, 2002.

To Obtain a Copy of the RFP : Requests for a copy of the RFP should be submitted to Karen Dunlap, Texas Department of Transportation, Public Transportation Division, 125 East 11th Street, Austin, Texas 78701-2483. Telephone (512) 416-2817. Fax (512) 416-2830. Email:

kdunlap@dot.state.tx.us

Copies will also be available on TxDOT's Public Transportation web page at:

http://www.dot.state.tx.us/insdtdot/orgchart/ptn/ptninfo/pubtrans.htm

or

http://www.dot.state.tx.us Select Public Transportation .

TRD-200203123

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: May 22, 2002


Request for Qualifications for Engineering Services - Aviation Division

The Airport Sponsors listed through their agent, the Texas Department of Transportation (TxDOT), intend to engage aviation professional engineering firms for services pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT, Aviation Division will solicit and receive qualifications for professional engineering design services as described in the project scope for each project listed.

Airport Sponsor : Town of Addison, Addison Municipal Airport. TxDOT CSJ No.: 0218ADDON. Project Scope: Provide engineering/design services to reconstruct parking and taxilane pavement and reconstruct apron. Project Manager: Tony Krauss.

Airport Sponsor : City of Bonham, Jones Field. TxDOT CSJ No.: 0201BNHAM. Project Scope: Provide engineering/design services to extend Runway 17-35 17 end; rehabilitate, construct turnarounds and mark Runway 17-35; extend and replace Medium Intensity Runway Lights Runway 17-35; overlay stub taxiway; reconstruct hanger access taxiways; rehabilitate apron; upgrade signage; rehabilitate rotating beacon and tower; install fencing for Runway 17 extension; closure of FM 898 and install erosion/sedimentation controls. Project Manager: Tony Krauss.

Airport Sponsor : County of Crockett, Houston County Airport. TxDOT CSJ No.: 0211CROCK. Project Scope: Provide engineering/design services to extend Runway 2; overlay and mark Runway 2-20; extend Medium Intensity Runway Lights Runway 2; construct turnaround Runway 2; construct partial parallel taxiway; rehabilitate cross taxiways; reconstruct taxiway from Runway 20 to apron and reconstruct apron. Project Manager: Tony Krauss.

Airport Sponsor : County of Montgomery, Montgomery County Airport. TxDOT CSJ No.: 0212CONRE. Project Scope: Provide engineering/design services to improve drainage on south side of airport. Project Manager: Bijan Jamalabad.

Interested firms shall utilize the Form 439, titled "Aviation Engineering Services Questionnaire", (August 2000 version). The forms may be requested from TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, Phone number, 1-800-68-PILOT (74568). The form may be emailed by request or downloaded from the TxDOT web site, URL address:

http://www.dot.state.tx.us./insdtdot/orgchart/avn/avninfo/avninfo.htm

Download the file from the selection "Engineer Services Questionnaire Packet" . The form may not be altered in any way, and all printing must be in black. QUALIFICATIONS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT . (Note: The form is an MS Word, Version 7, document).

Two completed, unfolded copies of Form 439 (August 2000 version), for each project of interest to the engineer must be postmarked by U. S. Mail by midnight June 13, 2002 (CDST). Mailing address: TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483. Overnight delivery must be received by 4:00 p.m. (CDST) on June 14, 2002; overnight address: TxDOT, Aviation Division, 200 E. Riverside Drive, Austin, Texas, 78704. Hand delivery must be received by 4:00 p.m. June 14, 2002 (CDST); hand delivery address: 150 E. Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704. The two pages of instructions should not be forwarded with the completed questionnaires. Electronic facsimiles will not be accepted.

E-MAIL DELIVERY OPTION Your form 439 may be emailed to TxDOT, at email address

AVNRFQ@dot.state.tx.us

Emails must be received by 4:00 p.m. June 13, 2002 (CDST) . Received times will be determined by the marked time and date as the email is received into the TxDOT network system. Please allow sufficient time to ensure delivery into the TxDOT system by the deadline. After receipt, you will be electronically notified of receipt by return email. Return notification may be delayed by a day or two, as the forms will be opened and printed at the TxDOT offices. Before emailing the form, please confirm your completion of the form. TxDOT will directly print the transmittal and not change the formatting or information contained on the form following receipt. Signatures will not be required on electronically submitted forms. You may type in the responsible party's name on the signature line.

Each airport sponsor's duly appointed committee will review all professional qualifications and may select three to five firms to submit proposals. Those firms selected will be required to provide more detailed, project-specific proposals which address the project team, technical approach, Disadvantage Business Enterprise (DBE) participation or Historically Underutilized Business (HUB) participation, design schedule, and other project matters, prior to the final selection process. The final engineer selection by the sponsor's committee will generally be made following the completion of review of Request for Qualification statements/proposals and/or engineer interviews. Each airport sponsor reserves the right to reject any or all statements of qualifications, and to conduct new professional services selection procedures.

If there are any procedural questions, please contact Karon Wiedemann, Director, Grant Management, or the designated Project Manager for technical questions at 1-800-68-PILOT (74568).

TRD-200203124

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: May 22, 2002


Request for Qualifications for Professional Engineering Services - Aviation Division

The Airport Sponsors listed, through their agent, the Texas Department of Transportation (TxDOT), intend to engage aviation professional services pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT will solicit and receive qualifications for professional services to update the airport layout plans for the two groups of projects listed to the current standards listed in FAA AC 150/5300 -13:

Group O - Airport Sponsors : City of Memphis (Memphis Municipal Airport); City of Quanah, (Quanah Municipal Airport); County of Wilbarger (Wilbarger County Airport). TxDOT Project No. ALP GROUP O. Number of copies to submit: 4

Group P - Airport Sponsors : County of Angelina (Angelina County Airport); County of Hardin (Hawthorne Field); City of Pineland, (Pineland Municipal Airport). TxDOT Project No.: ALP Group P. Number of copies to submit: 4

Interested firms shall utilize Form 439-PLN titled "Aviation Planning Services Questionnaire" ( August 2000 version ). The forms may be requested from TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, Phone number, 1-800-68-PILOT (74568). The form may be emailed by request or downloaded from the TxDOT web site, URL address

http://www.dot.state.tx.us./insdtdot/orgchart/avn/avninfo/avninfo.htm

Download the file from the selection "Consultant Services Questionnaire Packet". The form may not be altered in any way, and all printing must be in black. QUALIFICATIONS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT .

Those interested consultants should submit the specified number of unfolded copies of Form 439-PLN (August 2000 version), for each group of interest to the consultant and must be postmarked by U. S. Mail by midnight June 20, 2002. Mailing address: TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483. Overnight delivery must be received by 4:00 p.m. on June 21, 2002; overnight address: TxDOT, Aviation Division, 200 E. Riverside Drive, Austin, Texas, 78704. Hand delivery must be received by 4:00 p.m. June 21, 2002; hand delivery address: 150 E. Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704. The two pages of instructions should not be forwarded with the completed questionnaires. Electronic facsimiles will not be accepted.

EMAIL DELIVERY OPTION Your Form 439-PLN may be emailed to TxDOT, at email address

AVNRFQ@dot.state.tx.us

Emails must be received by 4:00 p.m. June 20, 2002 (CDST) . Received times will be determined by the marked time and date as the email is received into the TxDOT network system. Please allow sufficient time to ensure delivery into the TxDOT system by the deadline. After receipt, you will be electronically notified of the receipt. Return notification may be delayed by a day or two, as the forms will be opened and printed at the TxDOT offices. Before emailing the form, please confirm your completion of the form. TxDOT will directly print the transmittal and not change the formatting or information contained on the form following receipt. Signatures will not be required on electronically submitted forms. You may type in the responsible party's name on the signature line.

Consultant selection will be made by a committee composed of one representative of each airport within the appropriate group. The committee will review all professional qualifications and may either select from the qualifications or select three to five firms to submit proposals. Those firms selected will be required to provide more detailed, project-specific proposals which address the project team, technical approach, Historically Underutilized Business (HUB) participation, design schedule, and other project matters, prior to the final selection process. Each selection committee for each group reserves the right to reject any or all statements of qualifications, and to conduct new professional services selection procedures.

If there are any procedural questions, please contact Karon Wiedemann, Director, Grant Management, or the designated Project Manager, Bruce Ehly for technical questions at 1-800-68-PILOT (74568).

TRD-200203125

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: May 22, 2002


Texas Workers' Compensation Commission

Correction of Errors

The Texas Workers' Compensation Commission adopted 28 TAC §120.4, §122.5, §128.2, and §134.202 for publication in the May 10, 2002, Texas Register . Due to errors in the agency's submission, the following corrections are noted.

§120.4 (27 TexReg 4027)

Subsection (a)(2) page 4032 left column is published as:

"(2) A subsequent wage statement shall be filed with the carrier, claimant, and the claimant's representative (if any) within seven days of a change in any wage information provided on the previous wage statement. such as because the employer has discontinued providing a nonpecuniary wage that was originally continued after the injury)."

The period after the words "the previous wage statement" should be deleted so that the subsection reads as follows:

"(2) A subsequent wage statement shall be filed with the carrier, claimant, and the claimant's representative (if any) within seven days of a change in any wage information provided on the previous wage statement such as because the employer has discontinued providing a nonpecuniary wage that was originally continued after the injury)."

§122.5 (27 TexReg 4027)

Subsection (e)(1)(C) should being with a lower case letter so that it reads as follows:

"(C) on other than a monthly, semi-monthly or biweekly basis, ....."

§128.2 (27 TexReg 4046)

Subsection (a) page 4046 right column contains a spacing error. The subsection should read as follows:

An insurance carrier (carrier) shall promptly initiate the payment of income benefits as required by the Workers' Compensation Act ...."

§134.202 (27 TexReg 4048)

Subsection (c)(2)(B) page 4109 right column , is published as:

"(B) if the code has no published Medicare rate, 125% of the published Texas Medical Fee Schedule Durable medical Equipment/Medical Supplies Report J, for HCPCS; or"

The word "medical" following "Durable" should be capitalized.

Subsection (c)(5) page 4109 right column , is published as:

"(5) for commission specific codes, services and programs (e.g. Functional Capacity Evaluation, ...)"

A comma should follow "e.g."

Subsection (e) page 4110 left column published as:

"(e) Payment Policies Relating to Coding, Billing, and Reporting ..."

The words "Policies, Relating to Coding, Billing, and Reporting" should read "policies, relating to coding, billing and reporting".

Subsection (e)(3)(A), (B), (C) and (D) page 4110 left column , should begin with lower case letters as follows:

(A) the development or revision of a treatment plan;

(B) to alter or clarify previous instructions;

(C) to coordinate the care of employees with catastrophic or multiple injuries requiring multiple specialties; or,

(D) to coordinate with the employer, employee, and/or an assigned medical or vocational case manager to determine return to work options.

Subsection (e)(4) page 4110 left column

The word "Commission" in the first sentence should be changed to "commission".

Subsection (e)(6)(A)(v) page 4112 left column

A comma should follow the word "Rules" so that it reads: "as stated in the commission Act and Rules, Chapter 130"

Subsection (e)(7) page 4112 right column, first sentence

A comma should follow "e.g." in the parenthetical phrase so that it reads: "(e.g., a medical necessity issue)".

Subsection (e)(8) page 4112 right column

A comma should follow the word "Rules" so that it reads: "the commission Act and Rules, Chapter 129".

Subsection (e)(9)(C) page 4112 right column

"...evaluation is performed." should be changed to "...evaluation was performed."

Subsection (e)(9)(G) page 4112 right column

"...examination is performed." should be changed to "...examination was performed."

Subsection (e)(9)(R) page 4113 left column

"...components of a procedure are performed" should be changed to "...components of a procedure were performed"

TRD-200203221

Filed: May 24, 2002