Traditionally, the Commission's funding authority has been limited to the delivery of a 9-1-1 call to the appropriate answering point, through a dedicated network, enhanced with location information, and displayed in a useful manner on 9-1-1 equipment. During the 78th Texas legislative session, HB 3491 was passed and signed into law by the Governor. This bill will amend Health and Safety Code to provide for a new §771.0751 - Use of Revenue in Certain Counties. This new section of the enabling legislation will allow the Commission to fund certain activities that previously have not been considered, in the county that has the highest population within a region in each of the 24 RPCs. To determine the most populous county of each RPC within the CSEC program area, the CSEC will utilize the most recent annual estimate from the Texas State Data Center, as reviewed and adopted annually by the Commission within CSEC Rule 252.6, Wireless Service Fee Proportional Distribution.

The CSEC would request detailed responses to the following questions of interest regarding Health and Safety Code, Chapter 771.0751 - Use of Revenue in Certain Counties, as amended by HB 3491:

7. Should the Commission require local matching funds? If so, how much? If not, why? Please be specific.

8. If matching funds are required, should they be provided before State funds are provided? If yes, please provide details. If not, explain why. Please be specific.

9. Should the Commission establish separate performance reporting requirements? If yes, describe in detail. If no, please explain.

10. How would personnel costs be documented and reported to the RPC and CSEC?

11. If there are additional points or information that would assist the CSEC is promulgating a formal rule to implement this legislation, please provide information and specific details.

This bill can be accessed via the Texas Legislature On-Line at the following link: http://www.capitol.state.tx.us/

Go to "Quick Bill Status" on the main page, and search the "78th Regular Session - 2003" for "HB 3491".

TRD-200304773

Paul Mallett

Executive Director

Commission on State Emergency Communications

Filed: August 6, 2003

Texas Commission on Environmental Quality

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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director (ED) of the commission in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is September 15, 2003 . The commission will consider any written comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate a proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on September 15, 2003 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, comments on the DOs should be submitted to the commission in writing .

(1) COMPANY: Bill Turner dba Turner Roofing; DOCKET NUMBER: 2002-1130-MLM-E; TCEQ ID NUMBER: NC-0045-S; LOCATION: end of County Road 4226, Hartburg, Newton County, Texas; TYPE OF FACILITY: unauthorized waste disposal site; RULES VIOLATED: 30 TAC §111.201 and Texas Health and Safety Code (THSC), §382.085(b), by burning municipal solid waste without authorization including rubber, insulation, roofing tacks, and roofing materials outdoor; 30 TAC §330.5(a)(1) and TWC, §26.121(a), by disposing of municipal solid waste without authorization including roofing shingles and construction debris which was observed covering approximately a two-acre site; and 30 TAC §324.6 and 40 Code of Federal Regulation (CFR) §279.22(d), by disposing of used oil without authorization; PENALTY: $3,675; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898- 3838.

(2) COMPANY: Flower Mound Beer & Wine, Inc.; DOCKET NUMBER: 2002-0202-PST-E; TCEQ ID NUMBER: 0069816; LOCATION: 516 Flower Mound Road, Flower Mound, Denton County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate the required financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of underground storage tanks (USTs); 30 TAC §115.242(4) and THSC, §382.085(b), by failing to ensure that no gasoline leaks, as detected by sampling, sight, sound, or smell, exist anywhere in the dispensing equipment or the Stage II vapor recovery system; 30 TAC §115.246(4) and THSC, §382.085(b), by failing to maintain and provide documentation of the required Stage II vapor recovery training for the facility representative; 30 TAC §334.7(d)(3), by failing to provide amended registration for any change or additional information regarding USTs within 30 days from the date of occurrence of the change or addition or within 30 days of the date the owner or operator first became aware of the change or addition; 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the USTs; and 30 TAC §334.8(c)(4)(B) and TWC, §26.346(a), by failing to ensure that the TCEQ UST registration and self-certification form is fully and accurately completed and submitted to the agency in a timely manner; PENALTY: $5,500; STAFF ATTORNEY: Rich O'Connell, Litigation Division, MC 175, (512) 239-5528; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: Woody's Superettes; DOCKET NUMBER: 2002-1218-PST-E; TCEQ ID NUMBERS: 0020750, 0020999, 0020747, and 0020895; LOCATIONS: 3805 Lee Street, Greenville; 4101 Oneal Street, Greenville; 2809 US Highway 66, Caddo Mills; and 900 Wolfe City Drive, Greenville, Hunt County, Texas; TYPE OF FACILITY: gasoline retail stores; RULES VIOLATED: 30 TAC §334.49(a) and TWC, §26.3475(d), by failing to install a method of corrosion protection for the UST system; 30 TAC §37.815(a) and (b), by failing to demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; 30 TAC §334.50(b)(1)(A) and TWC, §26.3475, by failing to ensure that all tanks are monitored for releases at a frequency of at least once every month not to exceed 35 days between each monitoring; 30 TAC §334.49(a) and TWC, §26.3475(d), by failing to install a method of corrosion protection for the UST system; 30 TAC §334.51(b)(2)(C) and TWC, §26.3475(c)(2), by failing to equip each tank with a valve or other device designed to prevent the overfill during a transfer of regulated substances into the UST system; and 30 TAC §334.50(b)(2)(A)(i)(III) and TWC, §26.3475, by failing to test the line leak detector at least once per year for performance and operational liability; PENALTY: $59,325; STAFF ATTORNEY: Shannon Strong, Litigation Division, MC 175, (512) 239-6201; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-200304718

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: August 5, 2003

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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is September 15, 2003 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on September 15, 2003 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, §7.075 provides that comments on an AO should be submitted to the commission in writing .

(1) COMPANY: Cody Lewis dba Water Works No. 2; DOCKET NUMBER: 2001-1095-PWS-E; TCEQ ID NUMBER: 1500019; LOCATION: north side of State Highway 29, 1.5 miles east of State Highway 29, Buchanan Dam, Llano County, Texas; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(v), by failing to install electrical wiring for the wells in a securely mounted conduit; 30 TAC §290.41(c)(1)(A) and Texas Health and Safety Code (THSC), §341.036, by failing to meet well setback requirements for septic tank drainfields; 30 TAC §290.46(f)(3)(B)(iv), by failing to provide calibration logs for the benchtop turbidimeter; and 30 TAC §290.41(c)(1)(F), by failing to secure sanitary control easements for the wells; PENALTY: $5,000; STAFF ATTORNEY: Lisa Lemanczyk, Litigation Division, MC 175, (512) 239-5915; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(2) COMPANY: Engine Components, Inc.; DOCKET NUMBER: 1999-0258-IHW-E; TCEQ ID NUMBER: 31567; LOCATION: 9503 Middlex Street, San Antonio, Bexar County, Texas; TYPE OF FACILITY: aircraft engine manufacturing and repair; RULES VIOLATED: 30 TAC §335.2(a), by storing hazardous waste solvent in a tank for over 90 days without authorization; 30 TAC §335.2(a) and (b), by disposing characteristically hazardous waste "blast media" without authorization at an unauthorized facility; 30 TAC §335.4 and TWC, §26.121, by disposing of industrial waste adjacent to waters in the state; 30 TAC §335.6(c) and (h), by failing to provide notification of changes and/or additional information regarding the waste streams generated by the facility's operating activities and associated on-site waste management activities; 30 TAC §335.8(c), by failing to notify and maintain documentation of closure activities involving hazardous and industrial waste management units previously operated at the facility; 30 TAC §335.9(a)(1) and (2), by failing to comply with the following recordkeeping requirements: maintaining records of on-site hazardous and industrial solid waste generating and processing activities; submitting complete and correct annual waste summaries for waste generation and waste management activities; and using electronic reporting methods or requesting authorization for the continued use of paper forms for the annual waste summary; 30 TAC §335.62 and 40 Code of Federal Regulations (CFR) §262.11, by failing to properly perform hazardous waste determinations on solid waste prior to commingling of different waste streams, on-site processing of waste streams, and while holding waste in on-site storage prior to on-site reclamation; 30 TAC §335.69(a)(1)(B), by failing to provide secondary containment for a hazardous waste storage tank system and failing to obtain a written assessment of the new tank system prior to its use for hazardous waste storage; 30 TAC §335.69(a)(2) and (3), by failing to label or mark accumulation start dates on containers storing hazardous waste on-site and failing to label or mark the words "hazardous waste" on containers and a tank storing hazardous waste on-site; 30 TAC §335.69(a)(4), by failing to maintain documentation of personnel training for employees and failing to provide training to employees regarding proper response to emergency situations; 30 TAC §335.70(a) and §335.15 and 40 CFR §262.40(c), by failing to maintain records of all hazardous waste determinations and industrial solid waste classifications which had reportedly been on waste streams currently generated and waste streams previously generated by facility activities which reportedly ceased in July 1997; 30 TAC §335.431(c)(1), by failing to maintain, in the facility records, all copies of forms required to accompany manifested shipments of hazardous waste to off-site storage, processing, and disposal facilities; and 30 TAC §335.503(a)(1), by failing to classify and assign waste codes to currently generated waste streams and used waste codes of waste streams no longer generated at the facility for shipments of wastes which were sent to off-site storage, processing, and disposal facilities; PENALTY: $44,000; STAFF ATTORNEY: Lisa Lemanczyk, Litigation Division, MC 175, (512) 239-5915; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233- 4480, (210) 490-3096.

(3) COMPANY: R&R Mobile Home Management, Inc. dba Blessing Mobile Home Park; DOCKET NUMBER: 2001-1096-PWS-E; TCEQ ID NUMBERS: 2460031 and 11986; LOCATION: 1102 Martin Avenue, Round Rock, Williamson County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §291.21(c)(7) and §291.93(2)(A) and TWC, §13.136(a), by failing to ensure that its tariff included an approved drought contingency plan as required; 30 TAC §288.30(3)(B) and TWC, §13.132(a)(1), by failing to make its adopted drought contingency plan available for inspection by the executive director; 30 TAC §290.43(c)(4), by failing to have a liquid level indicator on all clear wells and water storage tanks; 30 TAC §290.43(e), by failing to enclose all potable water storage tanks and pressure maintenance facilities by an intruder-resistant fence with lockable gates; 30 TAC §290.46(m)(1)(A), by failing to ensure that the interior and exterior coating systems of all ground, elevated, and pressure tanks are continuing to provide adequate protection to all metal surfaces; 30 TAC §290.45(b)(1)(C)(i) and THSC, §341.0315(c), by failing to provide a well capacity of 0.6 gallon per minute per connection; 30 TAC §290.45(b)(1)(C)(ii) and THSC, §341.0315(c), by failing to provide a total storage capacity of 200 gallons per connection; 30 TAC §290.45(b)(1)(C)(iv) and THSC, §341.0315(c), by failing to provide a pressure tank capacity of 20 gallons per connection; 30 TAC §290.41(c)(1)(F), by failing to secure a sanitary control easement covering that portion of the land within 15 feet of the well location from all such property owners and record it in the deed records at the county courthouse; 30 TAC §290.41(c)(3)(K), by failing to seal wellheads and pump bases by a gasket or sealing compound to prevent the possibility of contaminating the well water; 30 TAC §290.42(c)(1) and THSC, §341.0315(c), by failing to provide proper treatment and filtration for water under the influence of surface water; 30 TAC §290.46(v), by failing to install all water system electrical wiring in a securely mounted conduit in compliance with a local or national electrical code; 30 TAC §290.46(t), by failing to post a legible sign at each of its production, treatment, and storage facilities; and 30 TAC §290.42(k), by failing to compile a thorough plant operations manual and keep it up to date for operator review and reference; PENALTY: $3,563; STAFF ATTORNEY: Gitanjali Yadav, Litigation Division, MC 175, (512) 239-2029; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(4) COMPANY: Rudy Cantu dba Cantu Pallets; DOCKET NUMBER: 2002-1335-MLM-E; TCEQ ID NUMBER: BG-1264-G; LOCATION: 14007 Old Corpus Christi Road, Elmendorf, Bexar County, Texas; TYPE OF FACILITY: wooden pallet recycling; RULES VIOLATED: 30 TAC §111.201 and THSC, §382.085(b), by failing to abide by general outdoor burning prohibitions by burning wooden pallets in a pit dug into the ground; and 30 TAC §330.5(a), by failing to properly dispose of burned pallet waste such that it does not create a nuisance and does not threaten human health and the environment; PENALTY: $2,100; STAFF ATTORNEY: Snehal R. Patel, Litigation Division, MC R- 12, (713) 422-8928; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

TRD-200304719

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: August 5, 2003

Proposed Enforcement Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075, which requires that the commission 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 September 1, 2003 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission 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 proposed AO is available for public inspection at both the commission'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 an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on September 1, 2003 . Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission 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 commission in writing .

(1) COMPANY: Agrifos Fertilizer Inc., Formerly, Agrifos Fertilizer L.P.; DOCKET NUMBER: 2002-0742-IWD-E; IDENTIFIER: National Pollutant Discharge Elimination System (NPDES) Permit Number TX0007285, Water Quality Permit Number 00649; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: industrial wastewater; RULE VIOLATED: 30 TAC §305.125(17) and Water Quality Permit Number 00649, by failing to report monitoring results for pH, phosphorous, and fluoride; and 30 TAC §305.125(1), NPDES Permit Number TX0007285, Water Quality Permit Number 00649, and the Code, §26.121(a), by exceeding the permitted effluent limits at outfall 001 and 002, exceeding the permitted daily maximum ammonia-nitrogen concentration limit, and exceeding the permitted daily average flow limit; PENALTY: $60,320; ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY: Betts Oil & Butane, Inc.; DOCKET NUMBER: 2003-0158-PST-E; IDENTIFIER: Regulated Entity Identification Number RN101685212; LOCATION: Donna, Hidalgo County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator had a valid, current delivery certificate; PENALTY: $800; ENFORCEMENT COORDINATOR: Sandra Hernandez Alanis, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(3) COMPANY: City Transit Management Co., Inc. dba Citibus of Lubbock; DOCKET NUMBER: 2003-0615-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 12649; LOCATION: Lubbock, Lubbock County, Texas; TYPE OF FACILITY: fleet refueling; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor Underground Storage Tanks (USTs) in a manner which will detect a release at a frequency of at least once every month; PENALTY: $1,300; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(4) COMPANY: City of Colmesneil; DOCKET NUMBER: 2002-1297-MWD-E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number 11295-001; LOCATION: Colmesneil, Tyler County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 11295-001, and the Code, §26.121, by exceeding its permitted effluent limits for total suspended solids (TSS) and five-day biochemical oxygen demand; PENALTY: $2,760; ENFORCEMENT COORDINATOR: Subhash Jain, (512) 239- 5867; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(5) COMPANY: City of Cooper; DOCKET NUMBER: 2003-0506-WR-E; IDENTIFIER: Public Water Supply (PWS) Number 0600001, Regulated Entity Number 101212082; LOCATION: Cooper, Delta County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §288.2(a) and §288.30(1), by failing to submit a water conservation plan; PENALTY: $53; ENFORCEMENT COORDINATOR: Kent Heath, (512) 239-4575; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(6) COMPANY: Cypress Hill Municipal Utility District No. 1; DOCKET NUMBER: 2003- 0056-MWD-E; IDENTIFIER: TPDES Permit Number 12327-001; LOCATION: near Cypress Hill, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 12327-001, and the Code, §26.121(a), by exceeding their permit limits; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(7) COMPANY: City of Edinburg; DOCKET NUMBER: 2002-1408-PWS-E; IDENTIFIER: PWS Number 1080004, Regulated Entity Identification Number RN101203560; LOCATION: Edinburg, Hidalgo County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(m), (n)(2), (q)(1), and (r), by failing to initiate a maintenance program, failing to maintain an accurate and up-to-date map of the distribution system, failing to issue a boil water notification, and failing to operate the system to maintain a minimum pressure of 35 pounds per square inch; 30 TAC §290.110(b)(4), by failing to maintain a residual disinfectant concentration within the distribution system; and 30 TAC §290.44(d)(2) and (3), by failing to acquire plan approval by the executive director for service connections and failing to equip booster pumps with automatic pressure cut-off devices; PENALTY: $15,920; ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(8) COMPANY: City of Gregory; DOCKET NUMBER: 2001-0670-MWD-E; IDENTIFIER: TPDES Permit Number 10092-001; LOCATION: Gregory, San Patricio County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and (5), TPDES Permit Number 10092-001, and the Code, §26.121(a), by failing to operate the facility to maintain compliance with the permit limits, failing to provide noncompliance notification in writing, and failing to ensure that the facility and all its systems of collection, treatment, and disposal are properly operated and maintained; 30 TAC §319.7(c) and TPDES Permit Number 10092-001, by failing to maintain accurate calibration logs; and 30 TAC §319.11(b) and (d), and TPDES Permit Number 10092- 001, by failing to conduct proper effluent sampling and failing to annually calibrate all automatic flow measuring and/or recording devices and/or totalizing meters; PENALTY: $44,375; ENFORCEMENT COORDINATOR: Audra Baumgartner, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(9) COMPANY: City of Groesbeck; DOCKET NUMBER: 2003-0138-MWD-E; IDENTIFIER: TPDES Permit Number 10182-001; LOCATION: Groesbeck, Limestone County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10182-001, and the Code, §26.121(a), by allegedly discharging wastewater that exceeded ammonia-nitrogen limits; PENALTY: $816; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 1500, Waco, Texas 76710-7826, (254) 751-0335.

(10) COMPANY: H.I.S. Instead, Inc.; DOCKET NUMBER: 2002-1183-MWD-E; IDENTIFIER: Regulated Entity Reference Number RN103065041; LOCATION: Longview, Gregg County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.42(a) and the Code, §26.121(a), alleged to have discharged municipal waste into or adjacent to any water in the state without a permit or authorization; PENALTY: $13,050; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(11) COMPANY: J.A.M. Distributing Company; DOCKET NUMBER: 2003-0136-PST-E; IDENTIFIER: Regulated Entity Number 102992690; LOCATION: Houston and Vidor; Harris and Gregg Counties, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator had a valid, current delivery certificate; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Catherine Sherman, (713) 767- 3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767- 3500, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(12) COMPANY: Juan Pareida; DOCKET NUMBER: 2003-0486-MSW-E; IDENTIFIER: Municipal Solid Waste (MSW) Unauthorized Site Number 455150060; Regulated Entity Reference Number RN102643343; LOCATION: Bayview, Cameron County, Texas; TYPE OF FACILITY: unauthorized municipal solid waste disposal site; RULE VIOLATED: 30 TAC §330.4(a) and (b) and §330.5(a) and (b), by failing to dispose of solid waste at an approved facility; and 30 TAC §330.32(b), by failing to ensure that all solid waste collected was unloaded only at facilities authorized to accept the type of waste being transported; PENALTY: $1,440; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(13) COMPANY: City of Kountze; DOCKET NUMBER: 2001-1434-MLM-E; IDENTIFIER: PWS Number 1000001, TPDES Permit Number 10203-003; LOCATION: Kountze, Hardin County, Texas; TYPE OF FACILITY: public water supply and wastewater treatment; RULE VIOLATED: 30 TAC §290.46(e)(1)(B) and (m)(1)(A) and (C), and THSC, §341.033(a), by failing to employ a full-time, certified operator holding a valid class "C" or higher groundwater operator's license and failing to maintain the grounds and failing to conduct annual tank inspections; 30 TAC §290.43(c), by failing to maintain the elevated storage tank; 30 TAC §290.44(h)(4), by failing to conduct the required annual testing of the backflow prevention device; and 30 TAC §305.125(1), (5), and (11)(B), §305.106(1), TPDES Permit Number 10203-003, and the Code, §26.121, by failing to ensure that all systems of collection are properly operated and maintained, failing to comply with effluent violations, failing to ensure automatic flow measuring devices are accurately calibrated, failing to employ a certified wastewater operator holding a valid class "D" certificate of competency, and failing to notify the agency of dissolved oxygen effluent violations; PENALTY: $14,938; ENFORCEMENT COORDINATOR: Laura Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(14) COMPANY: City of La Grulla; DOCKET NUMBER: 2002-1340-MSW-E; IDENTIFIER: MSW Permit Number 1033AE, Regulated Entity Numbers RN102213402 and RN102955028; LOCATION: La Grulla, Starr County, Texas; TYPE OF FACILITY: municipal solid waste landfill and used oil collection center; RULE VIOLATED: 30 TAC §330.113(a) and (b)(2) and (6), by failing to maintain a copy of the permit, failing to maintain inspection records, training and notification procedures, and by failing to maintain the closure and post-closure plans; 30 TAC §330.117(e), (f)(1) and (2), and (h), by failing to only accept brush and construction-demolition waste and rubbish that is free of putrescible and household waste, failing to retain written procedures on-site, and failing to post large conspicuous warning signs at all entrances; 30 TAC §330.133(g), by failing to maintain a cover application log on-site readily available for inspection; 30 TAC §330.132, by failing to spread and compact waste; 30 TAC §330.254(a)(1), by failing to correct erosion of cover material and subsidence or ponding of water on the unit or site; 30 TAC §330.116, by failing to prevent the uncontrolled access to other operations located at the MSW landfill; §330.55(b)(10)(C), (D), (F), and (J), by failing to place site boundary markers, failing to place markers identifying the 50-foot buffer zone, failing to install a landfill grid system, and failing to establish a permanent benchmark at the site; 30 TAC §37.8021, by failing to obtain financial assurance; 30 TAC §324.7(3)(B), THSC, §371.024(b)(1), and 40 Code of Federal Regulations (CFR) §279.31(b)(2), by failing to register a new used oil collection center; and 30 TAC §330.5 and §330.32, by failing to prevent the transporting and disposal of MSW; PENALTY: $12,400; ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(15) COMPANY: Julius Petrus, Jr.; DOCKET NUMBER: 2003-0282-PST-E; IDENTIFIER: PST Facility Identification Number 60013; LOCATION: Sinton, San Patricio County, Texas; TYPE OF FACILITY: property; RULE VIOLATED: 30 TAC §334.401(a) and (b) and §334.55(a)(2) and (3), by failing to obtain UST contractor registration or licensed on-site supervisor; 30 TAC §334.6(b)(2), by failing to submit a 30-day notification prior to construction; and 30 TAC §334.55(a)(6), by failing to conduct a release determination; PENALTY: $4,320; ENFORCEMENT COORDINATOR: Edward Moderow, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5530, (361) 825-3100.

(16) COMPANY: Reed Parque Limited Partnership; DOCKET NUMBER: 2003-0174-MWD-E; IDENTIFIER: TPDES Permit Number 13968-001; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 13968-001, and the Code, §26.121(a), by failing to comply with the permit limits for ammonia-nitrogen, TSS, and chlorine residual; 30 TAC §317.4(a)(8), by failing to protect the public water supply by not equipping the facility with a reduced pressure zone rated backflow preventer; and 30 TAC §317.3(e)(5), by failing to provide a audio alarm for the on-site lift station; PENALTY: $8,400; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 230-1896; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(17) COMPANY: Rohm and Haas Texas Incorporated; DOCKET NUMBER: 2002-0871-MLM- E; IDENTIFIER: Air Account Number HG-0632-T, PST Facility Identification Number 0034677; LOCATION: Deer Park, Harris County, Texas; TYPE OF FACILITY: petrochemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 29010, 40 CFR §60.487(a) and §60.665(1), and THSC, §382.085(b), by failing to submit semi-annual reports and by failing to submit semi-annual reports for fugitive monitoring; 30 TAC §113.130, 40 CFR §60.105(b) and §63.181(c), and THSC, §382.085(b), by failing to maintain records of weekly visual inspections and failing to properly prepare a description of maintenance procedures; and 30 TAC §115.241 and THSC, §382.085(b), by failing to install a Stage II vapor recovery system; PENALTY: $40,463; ENFORCEMENT COORDINATOR: Trina Grieco, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(18) COMPANY: City of Shamrock; DOCKET NUMBER: 2002-0930-MWD-E; IDENTIFIER: Water Quality Permit Number 10279-003; LOCATION: Shamrock, Wheeler County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), (4), (5), and (9)(A), and Water Quality Permit Number 10279-003, and the Code, §26.121(a), by failing to notify the agency of an unauthorized discharge, failing to prevent an unauthorized discharge, failing to properly operate and maintain the facility and grounds, and failing to maintain pH within permitted limits; PENALTY: $19,795; ENFORCEMENT COORDINATOR: Ronnie Kramer, (806) 353-9251; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(19) COMPANY: Solutia Inc.; DOCKET NUMBER: 2002-0174-AIR-E; IDENTIFIER: Air Account Number BL-0038-U; LOCATION: Alvin, Brazoria County, Texas; TYPE OF FACILITY: petrochemical manufacturing plant; RULE VIOLATED: 30 TAC §113.120, §116.115(b)(2)(G) and (c), 40 CFR §§63.104(c)(1)(ii), 63.118(f)(3), 63.120(b)(1) and (9), 63.122(b), 63.133(d), and 63.152(c)(2), Air Permit Numbers 5084, 38336, and 38998, and THSC, §382.085(b), by failing to comply with the maximum allowable emission rates table, failing to have a monitoring plan, and failing to notify the agency in writing in advance of seal gap measurements, failing to adequately conduct the 2001 seal gap measurements and generate raw data and calculations, failing to conduct stack testing, failing to submit a complete periodic report, and failing to have an adequate monitoring plan; PENALTY: $30,000; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(20) COMPANY: Sun Coast Resources, Inc.; DOCKET NUMBER: 2003-0470-PST-E; IDENTIFIER: Regulated Entity Identification Number RN100529452; LOCATION: Austin, Travis County; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.50(b)(1)(A), by failing to ensure that an owner or operator of a UST system has a valid, current delivery certificate; PENALTY: $2,100; ENFORCEMENT COORDINATOR: Shawn Stewart, (512) 239-6684; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339- 2929.

(21) COMPANY: Superior Derrick Services, Inc.; DOCKET NUMBER: 2003-0208-IWD-E; IDENTIFIER: TPDES Permit Number 12443-001; LOCATION: Houston, Harris County; TYPE OF FACILITY: oil and gas field machinery and equipment manufacturing with wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 12443-001, and the Code, §26.121(a), by failing to comply with permitted effluent limits, and by failing to submit noncompliance notifications for effluent violations; PENALTY: $8,094; ENFORCEMENT COORDINATOR: Kim McGuire, (713) 422-8938; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(22) COMPANY: City of Weslaco; DOCKET NUMBER: 2003-0209-PWS-E; IDENTIFIER: PWS Number 1080011 and Certificate of Convenience Number 10568; LOCATION: Weslaco, Hidalgo County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.111(c)(5), by failing to conduct additional turbidity filter effluent monitoring; PENALTY: $3,960; ENFORCEMENT COORDINATOR: Kent Heath, (512) 239-4575; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

TRD-200304717

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: August 5, 2003

Request for Nominations for Appointment to Serve on the Municipal Solid Waste Management and Resource Recovery Advisory Council

The Texas Commission on Environmental Quality (TCEQ) has reopened its request for nominations for ten individuals to serve on the Municipal Solid Waste Management and Resource Recovery Advisory Council (council). A request for nominations was published in the May 2, 2003 issue of the Texas Register (28 TexReg 3755). That request resulted in only one nomination for the majority of the vacant positions. Therefore, the appointment of ten new council members was postponed. The executive director would like to present multiple nominations for each position to the TCEQ commissioners for their consideration. To that end, she has requested that staff solicit additional nominations for each of the following vacant positions: an elected official from a municipality with a population of 100,000 or more, but less than 750,000; an elected official from a county with a population less than 150,000; a representative from a private environmental conservation organization; a representative from a public solid waste district or authority; a representative from a planning region; a registered waste tire processor; a professional engineer from a private engineering firm with experience in the design and management of solid waste facilities; a solid waste professional with experience managing or operating a commercial solid waste landfill; a person who is experienced in the management and operation of a composting or recycling facility or an educator with knowledge of the design and management of solid waste facilities (all terms expire August 31, 2009); and an elected official from a county with any population size (term expires August 31, 2005). Members of the advisory council shall serve staggered terms.

The council was created by the 68th Legislature, 1983. The council reviews and evaluates the effect of state policies and programs on municipal solid waste management; makes recommendations on matters relating to municipal solid waste management; recommends legislation to encourage the efficient management of municipal solid waste; recommends policies for the use, allocation, or distribution of the planning fund; and recommends special studies and projects to further the effectiveness of municipal solid waste management and recovery. The council members are required by law to hold at least one meeting every three months. The meetings usually last one full day and are held in Austin, Texas.

To nominate an individual: 1) ensure the individual is qualified for the position which he/she is being considered; 2) submit a biographical summary, which includes work experience; and 3) provide the nominee a copy of this request. The nominee must submit a letter indicating his/her agreement to serve, if appointed.

Written nominations and letters from nominees must be received at the TCEQ by 5:00 p.m., September 3, 2003. The appointments will be considered by the TCEQ commissioners on October 22, 2003 at the TCEQ main offices located at 12100 Park 35 Circle, Building E, Room 201S, Austin, Texas. Please mail all correspondence to Gary W. Trim, Texas Commission on Environmental Quality, Waste Permits Division, MC 126, P.O. Box 13087, Austin, Texas 78711-3087 or fax (512) 239-2007. Questions regarding these appointments can be directed to Mr. Trim at (512) 239-6708, or e-mail gtrim@tceq.state.tx.us.

TRD-200304716

Stephanie Bergeron

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: August 5, 2003

General Land Office

Notice of Public Hearing on Proposed New Rule Relating to Temporary Order Issued by the Land Commissioner for Suspension of Enforcement Actions Against Encroachments on the Public Beach

The Texas General Land Office (GLO) will conduct a public hearing on August 20, 2003, to receive public comment on the proposed new rule 31 TAC §15.12, relating to Temporary Orders Issued by the Land Commissioner. Section 61.0185 of the Texas Natural Resources Code, as added by HB 1457 in the 78th Legislature, authorizes the Land Commissioner to issue an order that would prohibit for a period of two years from the date the order is issued the filing of a suit under §61.018, Texas Natural Resources Code, by the attorney general or any county attorney, district attorney, or criminal district attorney to remove any improvement, obstruction, barrier, or other encroachment from a public beach. The purpose of the new rule is to provide standards and procedures for the temporary suspension of enforcement of the prohibition against encroachments on, and interference with, the public beach easement and the ability of a property owner to make repairs to a house while a suspension is in effect. The text of the proposed new rule was published in the August 8, 2003, issue of the Texas Register , and appears on the web site of the GLO at http://www.glo.state.tx.us. A copy may also be obtained by contacting Melinda Tracy at (512) 305-9129. The hearing will be held in compliance with §2001.029 of the Texas Government Code to provide all interested persons a reasonable opportunity to submit data, views, or arguments, orally or in writing on the proposed rulemaking. The public hearing will be held on Wednesday, August 20, 2003, 5:00 - 7:30pm in the Wortham Auditorium - 1st Floor, 2310 Sealy, Galveston, Texas.

Written comments regarding the proposed rule may be submitted in lieu of testimony at the hearing or may be sent by U.S. mail to Ms. Melinda Tracy, Texas Register Liaison, Texas General Land Office, Legal Services Division, P.O. Box 12873, Austin, Texas, 78711-2873; by facsimile transmission to (512) 463-6311; or by email to melinda.tracy@glo.state.tx.us, no later than September 8, 2003.

Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Shawn Hardeman, Coastal Resources Program, Texas General Land Office, P.O. Box 12873 Austin, Texas 78711-2873, (512) 463-5050, by August 18, 2003, so that appropriate arrangements can be made.

TRD-200304776

Larry L. Laine

Chief Clerk, Deputy Land Commissioner

General Land Office

Filed: August 6, 2003

Office of the Governor

Notice of Correction

The Criminal Justice Division (CJD) of the Governor's Office announced the availability of grants for the Drug Court Program in a Request for Grant Applications (RFA) published in the July 25, 2003, issue of the Texas Register (28 TexReg 5916). The RFA incorrectly listed the project period as beginning on or after October 1, 2002 and expiring on or before August 31, 2003.

On page 5917, the fifth full paragraph should read as follows:

"Project Period: Grant-funded projects must begin on or after October 1, 2003 and will expire on or before August 31, 2004."

If additional information is needed, please contact Judy Switzer at (512) 463-7879.

TRD-200304786

David Zimmerman

Assistant General Counsel

Office of the Governor

Filed: August 6, 2003

Texas Department of Health

Licensing Actions for Radioactive Materials

TRD-200304768

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: August 6, 2003

Texas Health and Human Services Commission

Notice of Adopted Medicaid Provider Reimbursement Rate

A rate hearing on Reimbursement for State Schools-Intermediate Care Facilities for Persons with Mental Retardation (ICF/MR) Program operated by the Texas Department of Mental Health Mental Retardation was held on June 10, 2003 at 1:30 p.m. in the Public Hearing Conference Room of the Riata Building III, 1st Floor. The adopted rates will reimburse state schools for the costs of Quality Assurance Fees that will be assessed to state schools following enactment by the Texas Legislature of legislation that makes such fees applicable to state schools effective September 1, 2002. The first adopted payment rate will be effective June 1, 2003 through July 31, 2003, in order to reimburse state schools for retroactive assessments of the Quality Assurance Fee from September 1, 2002 through July 31, 2003. The second adopted payment rate is proposed to take effect August 1, 2003, and will enable HHSC to reimburse state schools for the estimated cost of Quality Assurance Fees to be assessed beginning August 1, 2003.

Adopted Rate effective June 1, 2003 - July 31, 2003 = $350.86

Adopted Rate effective August 1, 2003 - $281.24

Methodology and Justification:

The adopted rates were determined in accordance with 1 T.A.C. §355.706(a)(1) and (a)(2), relating to adjustments to reimbursement rates when changes in law, regulations, or economic factors result in additional allowable costs that are not reflected in current reimbursement rates. The Texas Legislature made changes to Chapter 252, Health and Safety Code, relating to a Quality Assurance Fee for ICF/MR providers (see House Bill 7 and House Bill 2292, 78th Leg.), which would apply the Quality Assurance Fee retroactively to state schools.

In accordance with 1 TAC §355.706(a), HHSC has determined that the immediate effect of legislation has required that the Quality Assurance Fee be applied to all state schools, and that it is beyond the control of the providers, and would result in additional allowable incurred costs that are not currently reflected in the cost reporting database or current rates. For the period of September 1, 2002, through July 31, 2003, HHSC adopted a rate of $350.86, which allocates most of the estimated additional cost of the Quality Assurance Fee over a 2-month period beginning June 1, 2003. The estimated Quality Assurance Fee liability for the rate period beginning August 1, 2003, is reflected in the second adopted rate.

TRD-200304715

Steve Aragón

General Counsel

Texas Health and Human Services Commission

Filed: August 5, 2003

Notice of Public Hearing

Proposed Medicaid Provider Payment Rates, State-Operated Large Facilities -Intermediate Care Facilities for Persons with Mental Retardation (ICF/MR) Program

Proposal: As single state agency for the state Medicaid program, the Texas Health and Human Services Commission proposes the following rate for the State Operated ICF/MR program operated by the Texas Department of Mental Health and Mental Retardation (TXMHMR). The proposed rate will be in effect September 1, 2003. The rate is as follows:

Current Rate - $281.24

Proposed Rate effective September 1, 2003 - $279.86

Methodology and Justification: The proposed rates are determined in accordance with 1 TAC §355.706(1) and (2).

Public Hearing: A public hearing will be held in compliance with Title 1, Texas Administrative Code, Chapter 355, Subchapter F, §355.702(h), which requires a public hearing on proposed reimbursement rates for medical assistance programs.

The public hearing will be held on Friday, August 29, 2003 at 10:30 a.m. in the Public Hearing Conference Room of the Riata Building III, 1st Floor. Enter the building at 12545 Riata Vista Circle, Austin, TX 78727 and obtain a pass from Security for the Public Hearing Conference Room.

Interested parties may request to have mailed to them or may pick up a briefing package concerning the proposed payment rates by contacting Mr. Arreola, HHSC Rate Analysis, MC H-400, 1100 West 49th Street, Austin, Texas 78756-3101. Written comments regarding payment rates may be submitted in lieu of testimony until 5:00 p.m. on Friday, August 29, 2003. Written comments may be sent by U.S. mail to the attention of Tony Arreola, HHSC Rate Analysis, MC H-400, 1100 West 49th Street, Austin, Texas 78756-3101. Express mail can be sent, or written comments can be hand delivered, to Mr. Arreola, HHSC Rate Analysis, MC H-400, Riata Building, 12555 Riata Vista Circle, Austin, Texas 78727-6404. Alternatively, written comments may be sent via facsimile to Mr. Arreola at (512) 685-3104.

Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Tony Arreola, HHSC Rate Analysis, MC H-400, 1100 West 49th Street, Austin, Texas 78756-3101, telephone number (512) 685-3124, by August 22, 2003, so that appropriate arrangements can be made.

TRD-200304778

Steve Aragón

General Counsel

Texas Health and Human Services Commission

Filed: August 6, 2003

Public Notice

The Texas Health and Human Services Commission (HHSC) announces its intent to submit an amendment to the Texas Children's Health Insurance Program (CHIP) State Plan, under Title XXI of the Social Security Act. The amendment implements a number of changes to the Texas CHIP program that were enacted by the 78th Texas Legislature. These changes include:

Elimination of deductions to income so that CHIP eligibility is based on gross income

Implementation of an assets test for families at or above 150% of the Federal Poverty Level

Increases in cost-sharing (i.e., co-pays and monthly premiums)

A change in the term of coverage from 12 months to 6 months (children will need to renew in CHIP every 6 months)

Establishment of a 90-day waiting period between eligibility determination and the beginning of health coverage

Elimination of some covered CHIP benefits (e.g.: mental health services, dental, vision, hospice)

Implementation of a Preferred Drug List (PDL), with prior authorization required for prescribed drugs not on the PDL

The proposed amendment is to be effective September 1, 2003.

A copy of the amendment to the state plan, including highlighted changes, is available at:

http://www.hhsc.state.tx.us/chip/cnews/07_2003ProposedChipStatePlanRevisions.pdf

The public is invited to submit written comments on these proposed changes to HHSC. Comments may be mailed to Greg Holt, Medicaid/CHIP Division, Texas Health and Human Services Commission, 1100 West 49th Street, Austin, Texas 78756; faxed to (512) 794-6818; or e-mailed to greg.holt@hhsc.state.tx.us.

For further information contact Greg Holt, Medicaid/CHIP Division, Texas Health and Human Services Commission, 1100 West 49th Street, Austin, Texas 78756, (512) 685-3145.

TRD-200304638

Steve Aragón

General Counsel

Texas Health and Human Services Commission

Filed: July 31, 2003

Texas Department of Housing and Community Affairs

HOME Investment Partnerships Program Notice of Funding Availability

HOME Investment Partnerships Program

Notice of Funding Availability

FY 2003 Olmstead Funding Cycle

The Texas Department of Housing and Community Affairs (Department) announces the availability of approximately $2,000,000 for the 2003 Olmstead Set Aside funding cycle for the HOME Investment Partnerships Program (HOME). The availability and use of these funds is subject to the State HOME Rules (10 TAC Chapter 53) and the Federal HOME regulations governing the HOME Program (24 CFR Part 92).

Allocation of HOME Olmstead Funds

Pursuant to Executive Order RP-13: Community Based Alternatives for People with Disabilities, the Department has set aside HOME funds to serve the Olmstead population. The Olmstead Set Aside is for entities wishing to provide Tenant-Based Rental Assistance (TBRA) to individuals currently residing in Nursing Facilities, State Mental Retardation Facilities, Community Intermediate Care Facilities for Persons with Mental Retardation, State Mental Health Facilities, and other institutional settings who desire to move out of the institution and receive services within their respective community.

Eligible Activities

The Olmstead Set Aside funds will be awarded statewide on a competitive basis to provide Tenant Based Rental Assistance to serve individuals of the Olmstead population, which shall include rental subsidies and security deposits.

Eligible Applicants

The Department provides HOME Olmstead funding from the federal government to the following eligible recipients:

Units of General Local Government;

Nonprofits; and

Public Housing Authorities (PHA).

Under the HOME Olmstead Set Aside, the Department provides grant funds to eligible recipients for the provision of housing to extremely low, very low and low-income individuals and families.

The Department will score and rank applications with the highest scoring applicants being recommended for funding.

Funds will be awarded in accordance with the rules and procedures as set forth in the State of Texas HOME Program rules at 10 TAC §§53.50-53.62.

Application Procedures, Final Filing

The HOME Application Guide will be available on the Department’s website at www.tdhca.state.tx.us on August 29, 2003 under What’s New or you may call (512) 475-3993 to request an application copy on or after August 29, 2003. Applications must be on forms provided by the Department, and cannot be altered or modified and must be in final form before submitting them to the Department.

Deadline date for submitting a COMPLETE application and application fee is Friday, October 31, 2003 at 5:00 pm CST. Regardless if an application is hand-delivered, mailed through the U.S. Postal Service, or sent through a private carrier such as Federal Express or Airborne, the application must be received by the Department no later than Friday, October 31, 2003 at 5:00 pm CST. Applications will not be accepted through facsimile.

Applications mailed via the U.S. Postal Service must be mailed to:

Texas Department of Housing & Community Affairs

Single Family Finance Production Division

P.O. Box 13941

Austin, Texas 78711-3941

Applications mailed by private carrier or hand-delivered will be received at the physical address of:

Texas Department of Housing & Community Affairs

Single Family Finance Production Division

507 Sabine, Suite 700

Austin, Texas 78701

Applicants are required to remit a non-refundable application fee payable to the Texas Department of Housing and Community Affairs in the amount of $30.00 per application. Please send check, cashier’s check or money order; do not send cash. Section 2306.147(b) of the Texas Government Code requires the Department to waive grant application fees for nonprofit organizations that offer expanded services such as child care, nutrition programs, job training assistance, health services, or human services. These organizations must include proof of their exempt status in lieu of the application fee. The application fee is not an eligible or reimbursable cost under the HOME Program.

Applications that do not meet the filing deadline and application fee requirements will be returned to the applicant and will not be considered for funding.

After the application deadline, HOME staff may contact applicants to ask the location of specific information or request clarification of documentation during the application review process.

Application Workshops

The Department will present one-day HOME Program Application Workshops that will provide an overview of the HOME Program and exclusively address the Olmstead Set Aside, application preparation and submission, evaluation criteria and information about the major Federal and State requirements that may affect a HOME project. The HOME Olmstead Application Workshop schedule and registration will be posted on the Department’s website at www.tdhca.state.tx.us. The workshops will be held at the following times and locations:

DALLAS

Tuesday, September 9, 2003

10:00 am to 2:00 pm

Dallas Public Library, Dallas Rooms East and West

1515 Young Street

Dallas, Texas 75201

HOUSTON

Wednesday, September 10, 2003

9:00 am to 1:00 pm

City Hall Annex Conference Room, Public Level

900 Bagby

Houston, Texas 77002

AUSTIN

Friday, September 12, 2003

9:00 am to 1:00 pm

Texas Department of Housing and Community Affairs

507 Sabine, 4th Floor Boardroom

Austin, Texas 78701

Resolution Requirements

The Department requires that all applications submitted must include a resolution from the applicant’s direct governing body (Board of Directors) authorizing the submission of the application.

Audit Requirements

An applicant is not eligible to apply for funds or any other assistance from the Department unless past audit or Audit Certification Form has been submitted to the Department in a satisfactory format on or before the application deadline for funds or other assistance per 10 TAC §1.3(b). This is a threshold requirement outlined in the application, therefore applications that have outstanding past audits will be disqualified. Staff will not recommend applications for funding to the Department’s Governing Board unless all unresolved audit findings, questions or disallowed costs are resolved per 10 TAC §1.3(c).

Individuals who require auxiliary aids or services should contact Gina Esteves, ADA Responsible Employee, at least two days before the scheduled workshop, at (512) 475-3943, or Relay Texas at 1-800-735-2989, so that appropriate arrangements can be made.

TRD-200304765

Edwina P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: August 5, 2003

Notice of Public Hearing

MULTIFAMILY HOUSING REVENUE BONDS (ARLINGTON VILLAS APARTMENTS) SERIES 2003

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Issuer") at Atherton Elementary School, 2101 Overbrook Drive, Arlington, Texas 76014 at 6:00 p.m. on September 3, 2003 with respect to an issue of tax-exempt multifamily residential rental development revenue bonds in an aggregate principal amount not to exceed $15,000,000 and taxable bonds, if necessary, in an amount to be determined, to be issued in one or more series (the "Bonds"), by the Issuer. The proceeds of the Bonds will be loaned to TX Hampton Villas, L.P., a limited partnership, or a related person or affiliate thereof (the "Borrower") to finance a portion of the costs of acquiring, constructing and equipping a multifamily housing development (the "Development") described as follows: a fenced and gated 280-unit conventional quality multifamily residential rental development to be located at the southeast corner of Mayfield Road and New York Avenue, Arlington, Texas 76014. The Development will initially be owned and operated by the Borrower. The manager of the Development will be Southwest Housing Management Corporation, Attn: Beth Thompson, Vice President, (214) 891-7818. For information regarding the Development prior to the hearing contact Southwest Housing Development Corporation: Attn: Jeff Spicer, Senior Vice President, (214) 891-7838 or Christine Sullivan, Senior Project Manager, (512) 514-6024.

All interested parties are invited to attend such public hearing to express their views with respect to the Development and the issuance of the Bonds. Questions or requests for additional information may be directed to Robbye Meyer: at the Texas Department of Housing and Community Affairs, 507 Sabine, Austin, Texas 78701; (512) 475-2213; and/or rmeyer@tdhca.state.tx.us.

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

Individuals who require auxiliary aids in order to attend this meeting should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943 or Relay Texas at (800) 735-2989 at least two days before the meeting so that appropriate arrangements can be made.

TRD-200304769

Edwina P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: August 6, 2003

Houston-Galveston Area Council

Public Meeting Notice

Amendments to the 2022 Metropolitan Transportation Plan (MTP) and the 2002 - 2004 and 2004 - 2006 Transportation Improvement Program (TIP)

3555 Timmons Lane

Houston, Texas 77027

Tuesday, August 26, 2003

5:30 p.m. - 6:30 p.m.

2nd Floor, Conference Room A

On Tuesday, August 26, 2003 at 5:30 p.m. the Houston-Galveston Area Council (H-GAC) will host a public meeting on proposed amendments to the 2022 Metropolitan Transportation Plan (MTP), the 2002 - 2004 Transportation Improvement Program (TIP) and the 2004 - 2006 TIP. The public is encouraged to attend this important meeting and provide comments to H-GAC.

* Add FM 1093 grade separation projects.

* Cancel the Magnolia Road grade separation project.

* Increase funding for construction of Goose Creek hike/bike trail.

* Program Federal Transit Administration (FTA) Section 5309 funds into the TIP for City of Galveston Island Transit.

* Program Federal Highway Administration (FHWA) FY 2003 Appropriations Bill funds into the TIP for City of Galveston Port of Galveston.

The public comment period on the amendments begins Sunday, August 10, 2003 . All comments must be received by H-GAC no later than 5 p.m., Wednesday, September 10, 2003 . To obtain more detailed information, please check H-GAC's Transportation Web site at www.h-gac.com/transportation or call Lynn Spencer, Transportation Senior Planner, at (713) 993-2436. Copies of the proposed amendments will also be available at the meeting. Written comments may be submitted to Lynn Spencer, Houston-Galveston Area Council, P.O. Box 22777, Houston, Texas 77227, e-mailed to lynn.spencer@h-gac.com or faxed to (713) 993-4508.

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 Lynn Spencer at (713) 993-2436 to make arrangements.

TRD-200304787

Alan Clark

MPO Director

Houston-Galveston Area Council

Filed: August 6, 2003

Texas Department of Human Services

Open Solicitation for Guadalupe County

Pursuant to Title 2, Chapters 22 and 32, of the Human Resources Code and 40 Texas Administrative Code (TAC) §19.2324, the Texas Department of Human Services (DHS) is announcing an open solicitation period of 30 days, effective the date of this public notice, for Guadalupe County, County #094 . Medicaid nursing facility occupancy rates in Guadalupe County exceeded the 90% occupancy threshold for six consecutive months during the period of January 2003 through June 2003 . The county occupancy rates for each month of that period was: 91.8%, 90.6%, 91.5%, 91.5%, 90.7%, 92.0% . In accordance with primary selection process requirements contained in 40 TAC §19.2324(b), current nursing facility licensees or property owners of currently licensed nursing facilities may apply for an additional allocation of Medicaid beds. The allocation of additional Medicaid beds is restricted to nursing facility beds that are currently licensed and may be converted to Medicaid-certified beds. Applicants for additional Medicaid beds must demonstrate a history of quality care as specified in 40 TAC §19.2322(e). Applicants must submit a written reply as described in 40 TAC §19.2324(b)(5) to Joe D. Armstrong, Texas Department of Human Services, Contract and Licensure Section, Long Term Care-Regulatory, Mail Code E- 342, P.O. Box 149030, Austin, Texas 78714-9030. The written reply must be received by DHS before the close of business September 15, 2003, the published ending date of the open solicitation period. If one or more applicants are eligible for additional Medicaid beds, DHS will allocate Medicaid beds in accordance with 40 TAC §19.2324(b)(6) and (7). If the number of beds allocated under the primary selection process does not reduce the occupancy rate below 90%, DHS will place another public notice in the Texas Register in accordance with secondary selection process requirements.

TRD-200304722

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Filed: August 5, 2003

Texas Department of Insurance

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 admission to Texas of Tower Administrative Services, Inc., a foreign third party administrator. The home office is Chicago, Illinois.

Application for admission to Texas of Associated Insurance Services, Inc., a foreign third party administrator. The home office is Eldorado, Illinois.

Application for admission to Texas of Word & Brown Insurance Administrators, Inc., a foreign third party administrator. The home office is Santa Ana, California.

Application for incorporation in Texas of Larry W. Tunnell DBA Agee & Associate, a foreign third party administrator. The home office is Richardson, Texas.

Any objections must be filed within 20 days after this notice was filed with the Secretary of State, addressed to the attention of Matt Ray, MC 107-1A, 333 Guadalupe, Austin, Texas 78701.

TRD-200304788

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: August 6, 2003

Texas Lottery Commission

Instant Game Number 347 "Luck of the Draw"

1.0 Name and Style of Game.

A. The name of Instant Game No. 347 is "LUCK OF THE DRAW". The play style is "key number/symbol match with auto, 2X and 3X win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 347 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 347.

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, K, Q, J, 10, 9, 8, 7, 6, 5, 4, 3, 2, WIN SYMBOL, 2X SYMBOL, 3X SYMBOL, $1.00, $2.00, $4.00, $5.00, $10.00, $15.00, $20.00, $25.00, $50.00, $100, $500, $1,000, and $50,000.

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:

Figure 1: GAME NO. 347 - 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:

Figure 2: GAME NO. 347 - 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 (thirteen) 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 (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 (347), 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: 347-0000001-000.

L. Pack - A pack of "LUCK OF THE DRAW" 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 "LUCK OF THE DRAW" Instant Game No. 347 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 "LUCK OF THE DRAW" Instant Game is determined once the latex on the ticket is scratched off to expose 43 (forty-three) play symbols. If the player matches any of the YOUR CARDS to any of the three DRAW CARDS the player will win the prize shown below the matching YOUR CARD(S). If the player gets a WIN symbol under any of the YOUR CARDS the player will win the prize shown below the WIN symbol(s) automatically. If the player gets a 2X symbol under any of the YOUR CARDS the player will win double the prize shown under the 2X symbol(s) automatically. If the player gets a 3X symbol under any of YOUR CARDS the player will win triple the prize shown under the 3X symbol(s). 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 43 (forty-three) 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 except for dual image games;

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 43 (forty-three) 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 43 (forty-three) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 43 (forty-three) 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 Draw Card play symbols on a ticket.

C. The autowin symbol will never appear more than once on a ticket.

D. The "2X" and "3X" symbols will only appear on winning tickets as dictated by the prize structure.

E. The "2X" and "3X" symbols will never appear more than once on a ticket.

F. No 3 or more like non-winning Your Card play symbols on a ticket.

2.3 Procedure for Claiming Prizes.

A. To claim a "LUCK OF THE DRAW" 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 "LUCK OF THE DRAW" 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 "LUCK OF THE DRAW" 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 "LUCK OF THE DRAW" 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 "LUCK OF THE DRAW" 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 therefore, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated therefor. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

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

4.0 Number and Value of Instant Prizes. There will be approximately 5,128,575 tickets in the Instant Game No. 347. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 347 - 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. 347 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. 347, 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-200304770

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: August 6, 2003

Instant Game Number 367 "Instant Doubler"

1.0 Name and Style of Game.

A. The name of Instant Game No. 367 is "INSTANT DOUBLER". The play style is "key number/symbol match with auto doubler".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 367 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 367.

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, $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $40.00, $100, $2,000, and MONEYBAG SYMBOL.

Figure 1: GAME NO. 367 - 1.2D

Figure 2: GAME NO. 367 - 1.2E

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

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

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

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (367), 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: 367-0000001-000.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "INSTANT DOUBLER" Instant Game No. 367 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 "INSTANT DOUBLER" Instant Game is determined once the latex on the ticket is scratched off to expose nine (9) play symbols. If the player matches any of the YOUR NUMBERS to the WINNING NUMBER, the player will win the prize shown. If the player gets a moneybag symbol under any of the YOUR NUMBERS the player will win double the prize shown below the moneybag symbol automatically. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

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

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

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

4. Each of the Play Symbols must be printed in black ink except for dual image games;

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;

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.

2.2 Programmed Game Parameters.

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

B. There will be no correlation between the Your Numbers play symbols and the prize symbols.

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

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

E. The "moneybag" doubler symbol will only appear on intended winners as dictated by the prize structure.

2.3 Procedure for Claiming Prizes.

A. To claim a "INSTANT DOUBLER" 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 "INSTANT DOUBLER" 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 "INSTANT DOUBLER" 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.