Texas Department of Agriculture
Notice of Public Hearings
In accordance with the Texas Agriculture Code, §§76.004 and 76.005,
the Texas Department of Agriculture (the department) hereby provides notice
of hearings to take public comment on proposed amendments to §7.10, §7.20,
and §7.22 of the department's Pesticide Regulations (Texas Administrative
Code, Title 4, Chapter 7). The proposed amendments were published in the June
20, 2003, edition of the
Texas Register
(28
TexReg 4618). The amendments are proposed to increase the current fees for
a pesticide product registration, pesticide applicator licenses, pesticide
dealer licenses and testing fees for applicators. Persons or entities affected
by the proposed amendments are persons or entities licensed under Chapter
7 with the department as pesticide dealers and pesticide applicators, and
persons or entities registering pesticide products with the department.
Hearings will be held as follows:
On Monday, July 14, 2003, beginning at 10:00 a.m., at the Texas Department
of Agriculture offices at the following locations:
(1) 8918 Tesoro Drive, Suite 120, San Antonio, Texas. For more information
contact Jock Davis, 210/820-0288.
(2) 900-B East Expressway 83, San Juan, Texas. For more information contact
Steve Bearden, 956/787-8866.
(3) 2646 South Loop West, Suite 630, Houston, Texas. For more information
contact Jennifer Bailey, 713/666-8491.
On Tuesday, July 15, 2003, beginning at 10:00 a.m., at the Texas Department
of Agriculture offices at the following locations:
(1) 1720 Regal Row, Suite 118, Dallas, Texas. For more information contact
E. W. Wesley, 214/631-0265.
(2) 4502 Englewood Avenue, Lubbock, Texas. For more information contact
Ronald Bertrand, 806/799-8555.
To obtain copies of the proposal, please contact Phil Tham, Assistant Commissioner
for Pesticide Programs, Texas Department of Agriculture, P.O. Box 12847, Austin,
Texas, 512/463-1093.
TRD-200304042
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Filed: July 1, 2003
PURPOSE.
Pursuant to Chapter 2254, Subchapter B, Government Code, the Texas Agricultural
Finance Authority (Authority) seeks proposals in response to this Request
for Proposals (RFP) from firms with the qualifications and experience required
to provide financial advisory services to the Authority. This RFP is issued
for the purpose of selecting a financial advisor for all financing matters
as described herein.
The Authority reserves the right to select one or more co- financial advisors
from firms that respond to this RFP. The Authority's decision to select a
co-financial advisor, if any, will be determined by the evaluation of the
responses to the RFP. Please indicate in part 1 of your response whether your
firm would like to serve as only a financial advisor, only a co-financial
advisor, or either.
BACKGROUND OF THE AUTHORITY.
The Authority was created by the Texas Legislature for the purpose of financing
innovative, diversified, or value- added production, processing, marketing,
or exporting businesses in Texas and for providing financial assistance for
other rural economic development activities. The Authority is governed by
a nine-member Board of Directors (Board), appointed by the Governor with the
consent of the State Senate for two-year staggered terms. Employees of the
Department of Agriculture are designated by the Commissioner of Agriculture
to administer the Authority. The Authority provides financing alternatives
through instruments including direct loans, loan guaranties, loan participation,
insurance or co-insurance.
Chapter 58 and Chapter 59 of the Agriculture Code also provide for the
issuance by the Authority of revenue bonds and general obligation bonds. The
Authority may issue additional general obligation authority for the provision
of financial assistance to the Texas Boll Weevil Eradication Foundation and
to act as a conduit for a state agency and/or an institutions of higher education
for agricultural related projects. Under Chapter 58 of the Agriculture Code,
the Authority is authorized to issue up to $500 million in industrial revenue
bonds for agricultural related projects in the State.
The Texas Agricultural Finance Authority Board (the Board) will approve
eligible borrowers for financing through direct loans, loan guaranties, loan
participation, direct issuance of obligations, or other financial instruments.
SCOPE OF SERVICES.
The financial advisor is to be responsible for all duties and services
necessary or advisable to facilitate the issuance of bonds and other obligations,
including but not limited to:
devising and recommending to the Board a plan of financing for bonds to
be issued, which plan shall include a maturity schedule and other terms and
conditions, as well result in the most advantageous terms to the Authority,
consistent with a minimum effective interest rate;
determining the timing of the offering and the sizing of the issue;
participating in document preparation and assisting bond counsel in the
coordination of the offering;
preparing such information, as necessary, for the rating agencies and upon
Authority approval, assisting in the presentation to such agencies; assisting
the Authority in maintaining on-going relationships with the credit rating
agencies;
participation in POS and OS preparation and delivery of a camera-ready
copy to the printer;
advising the Authority concerning the need for credit enhancement and assisting
in the negotiations regarding such;
assisting in the approval process of the Bond Review Board and any other
agency as necessary to the issuance of the bonds;
assisting in closing details and post-closing duties, including the development
of a final report to the Bond Review Board to include a verification of all
costs of issuance and preparation of a complete bond transcript;
answering questions or requests for additional information from prospective
purchasers;
evaluating any bids submitted for the purchase of the bonds;
advising the Authority with respect to the investment of bonds proceeds
and the accounting of arbitrage earnings;
assisting the Authority in providing information to various legislators
and other state agencies;
advising the staff of the Authority and the Board of ongoing development
in the bond industry as they affect the Authority;
soliciting bids for, contracting with, and paying on behalf of the Authority,
fees associated with the printing of bond offering documents, ratings, trustee
and paying agent fees and related services when necessary;
monitoring and controlling the costs of fees and expenses incurred in connection
with the issuance of the bonds;
monitoring, suggesting and advising the Authority on refunding opportunities,
derivatives and other financial products that would help the Authority lower
its cost of borrowing; and
all other matters necessary or incidental to the issuance and administration
of debt obligations.
In addition, the financial advisor shall advise the Authority on any matters
that might have an affect on the Authority or any of its outstanding issues.
The Authority will be responsible for allocating duties and tasks between
the Financial Advisor and Co-Financial Advisor, if any, commensurate with
level of compensations.
The financial advisor and co-financial advisor, if any, will not be permitted
to underwrite any portion of an issue or program for the Authority during
the term of employment.
FORM OF RESPONSE.
Overview of the Firm.
Provide a description of the firm, including general experience and history
in public finance, date founded, number of offices, location and number of
professionals and employees in each office, total number of employees and
professionals in the firm, description of specialty practice areas and firm
philosophy. Describe structure of firm ownership (e.g., publicly held corporation,
partnership, etc.) and any parents, affiliates, or subsidiaries of the firm.
Qualifications.
List the experience since January 1990, of the firm and/or professionals
proposed to be assigned to the Authority (see number 6 below also), as financial
advisor, financial consultant, or senior manager on a negotiated underwriting
for the following types of issuers and issues. If listing experience of a
professional while at a different firm, please specify the name of the firm.
Please include the name of the issuer, title of the bonds, date of the bonds,
par amount of the issue, type of sale, and role the firm played. Tabular format
is acceptable.
By Issuer Type as follows: State of Texas issuers; Other issuers in the
State of Texas; Regional authorities and state-level issuers in states other
that Texas.
By Issue Type as follows: State level General Obligation Bonds; State Revenue
Bonds; Tax Exempt Commercial Paper; Taxable Commercial Paper.
Please select one transaction from the above list that you feel best demonstrates
your ability to serve the Authority and describe in detail the financial issues
involved in the transaction and your firm's approach to the analysis. (Please
limit your discussion to no more than two pages.)
Other Experience.
Please describe your experience with respect to the following topics. Include
any specific suggestions or practices that as financial advisor your would
recommend for the Authority. The topics are: arbitrage compliance; continuing
disclosure compliance; investor relation programs; interest rate swaps and
other derivatives.
Bond Sale Pricing.
A. Describe the steps your firm would take as financial advisor to ensure
the bidding process on competitive sales and the pricing process on negotiated
sales renders the lowest true interest cost for the Authority.
B. What role do you suggest the Authority play in organizing the sales
effort of the bonds (i.e., establishing priority of orders, designation rules,
etc.)? What techniques would be most effective for the State to achieve its
HUB participation goals on competitive and negotiated transactions? What techniques
would you employ to evaluate senior and co-manager performance on a specific
transaction?
Credit Relations.
Describe your firm's proposed approach to maintaining rating agency relationships
for the Authority.
Describe your firm's recommended approach, if any, to developing and maintaining
investor relations programs. Address the costs and benefits of such programs
and how they relate to continuing disclosure requirements.
Resumes.
Provide brief resumes for those individuals who would be assigned to serve
the Authority. Indicate the individuals' years of experience in public finance,
any relevant licenses they hold, and how any particular area of expertise
would benefit the Authority. Specify who would be assigned as the primary
day-to-day contact for the Authority and indicated the role they played in
the transactions listed above.
Business Practices.
A. Please describe your firm's previous experience and involvement working
with HUB certified firms (if your firm is not HUB certified) or as a HUB certified
firm, in a co- financial advisor relationship. Please describe your firm's
approach to working with co-financial advisor, including level of effort,
and division of duties.
B. Please describe efforts made by your firm to encourage and develop the
participation of minorities and women in your firm's provision of financial
advisory services or underwriting, if any.
Conflict of Interest.
Please disclose any conflicts of interest. Disclose all contractual or
informal business arrangement/agreements, including fee arrangements and consulting
agreements between your Firm and the Authority, its staff and/or its Board,
or any entity that provides services to the Authority.
References.
Please provide names, addresses, and phone numbers of at least two references.
Fee Structure.
Please provide your fee structure, including if applicable, hourly rates,
a per transaction maximum on hourly fees, flat fees, and a per transaction
cap on expenses (not to be exceeded without prior approval from the Authority).
Fees based on a percentage of the par amount of the bonds or on a per bond
basis are discouraged.
TERM OF AGREEMENT.
The contract term is to be for a period beginning with the date of hiring
by the Authority to August 31, 2004. The Board may renew the contract, at
its option, for up to (2) additional terms of one (1) year each. The Board
retains the right to terminate the contract for any reason and at any time,
upon the payment of then earned fees and expenses.
PROPOSAL MODIFICATION.
Any proposal may be modified or withdrawn, even after received by the Authority,
at any time prior to the proposal due date. No material changes will be allowed
after the expiration of the proposed due date; however, non- substantive correction
or deletions may be made with the approval of the Authority. The Authority
also reserves the right to make amendments to the RFP by giving written notice
to all firms who receive the RFP and publishing notice thereof in the
TIME SCHEDULE.
Proposals are due no later than
5:00 p.m. August
11, 2003
. Proposal responses, modifications or addenda to an original
response received by the Authority after the specified time and date for closing
will not be considered. Each firm is responsible for ensuring that its response
reaches the Authority before the proposed due date. Firms should submit one
unbound original and ten (10) copies of their proposal to: Mr. Robert Wood,
Assistant Commissioner for Rural Economic Development,
IN RESPONSE TO RFP: FINANCIAL ADVISOR
, Texas Agricultural Finance Authority,
c/o Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711,
Street Address: 1700 N. Congress, Stephen F. Austin Bldg., 10th Floor, Austin,
Texas 78701.
A duly authorized representative of the firm must execute the submitted
RFP response. An unsigned proposal will not be accepted. All proposals become
the property of the Authority. Proposals must set forth accurate and complete
information as required by this RFP. Oral instruction of offers will not be
considered. Contact with Board Members regarding this RFP is expressly prohibited
and will result in disqualification of your proposal. Questions regarding
this RFP should be submitted, in writing, to Mr. Robert Wood, assistant commissioner
for rural economic development, at the address listed above or by fax, (512)
936-0300.
The staff designated for the Authority will review the proposals, present
the top three proposals and a recommendation to the Authority Board at the
first available meeting of the board.
BASIS OF AWARD.
The selection will be based on demonstrated competence, experience, knowledge
and qualifications, as well as the reasonableness of the proposed fee.
Firms responding are encouraged to maintain a Texas office staffed with
personnel who are responsible for providing financial advisory services to
the Authority. By this RFP, however, the Authority has not committed itself
to employ a financial advisor nor does the suggested scope of service or term
of agreement below require that the financial advisor be employed for any
or all of those purposes. The Authority reserves the right to make those decisions
after receipt of proposals and the Authority's decision on these matters is
final.
The Authority reserves the right to negotiate individual elements of any
proposal and to reject any and all proposals.
COST INCURRED IN RESPONDING.
All costs directly or indirectly related to preparation of a response to
the RFP or any oral presentation required to supplement and/or clarify the
RFP which may be required by the Authority shall be the sole responsibility
of, and shall be borne by the applicant.
RELEASE OF INFORMATION AND OPEN RECORDS.
All proposals shall be deemed, once submitted, to be the property of the
Authority. Information submitted in response to this RFP shall not be released
by the Authority during the proposal evaluation process or prior to the awarding
of a contract. After the evaluation process is completed by the Authority
and a contract is awarded, proposals and information included therein may
be subject to public disclosure under the Texas Open Records Act.
TRD-200304065
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Filed: July 2, 2003
Purpose and Scope.
The Texas Agricultural Finance Authority (the Authority), a public authority
within the Texas Department of Agriculture (the Department), is seeking to
employ Bond and Program Counsel to assist the Authority in the issuance of
bonds and to provide general program assistance when needed under Chapter
44, Chapter 58 and Chapter 59 of the Texas Agriculture Code.
The Authority was created by the Texas Legislature for the purpose of financing
innovative, diversified, or value- added production, processing, marketing,
or export businesses in Texas. The Authority can provide financing through
instruments including direct loans, loan guaranties, insurance or co-insurance.
Chapter 58 and Chapter 59 of the Agriculture Code also provide for the
issuance by the Authority of revenue bonds and general obligation bonds. Under
Chapter 58 of the Agriculture Code, the Authority is authorized to issue up
to $230 million in general obligation bonds and up to $500 million in industrial
revenue bonds for rural agricultural development and agriculture-related projects
in the state of Texas. Under Chapter 59 of the Agriculture Code, the Authority
may issue up to $300 million of general obligation bonds for financing agricultural
real estate.
The Texas Agricultural Finance Authority Board (the Board) will approve
eligible borrowers for financing through direct loans, loan guaranties, loan
participation, direct issuance of obligations, or other financial instruments.
The Authority may also purchase municipal anticipation notes from eligible
local government entities for the purpose of assisting those local government
entities in their rural economic development efforts. In addition, the Authority
may also serve as the central bond issuer for qualified small manufacturing
issue bonds in rural areas.
Statement of Duties for the Counsel.
The counsel's responsibilities for bond work will include, but will not
be limited to, advice to the Board of the Authority and staff of the Department
on: the legal ramifications and constraints of the issuance and investment
policy; the legality of loan policy proposals and legal aspects of investments
and loan policy; the legality of proposed debt structuring techniques; compliance
with federal tax and securities requirements for financings associated with
the Authority's programs; and real and anticipated changes in state and federal
law, regulations or public policy, and the potential and real impact on existing
or anticipated bond issues, investment policy, and loan policy.
With respect to new bond issues, counsel, in consultation with the Authority's
Financial Advisor and the staff of the Department, will prepare all legal
documents required by the Board, Comptroller of Public Accounts, Attorney
General, or outside parties; request and obtain approval of the bond issue
from the Attorney General, Governor, Bond Review Board and other required
authorities; and review all financial models and render opinions on the legality
and relevant tax position of the proposed issuance and lending scenario.
The counsel shall also perform other legal services, if requested by the
Authority, that do not come within the functions of bond counsel for a particular
bond issue, but are needed for the implementation and administration of the
programs of the Authority. Such services shall include, without limitation,
the following: consultation concerning planning and development of programs
of the Authority; providing advice concerning policies for lending or granting
funds to eligible borrowers; review of program applications; review and drafting
of loan documents; assistance in implementing loan guarantee programs; advice
and services concerning legislation affecting such programs; advising on,
and upon request of the Authority, initiating and pursuing collection actions
in relation to loan programs; and providing advice concerning administration
of the Authority.
Proposal Contents.
Responses to this Request for Proposal this ("RFQ") should include, at
least, the following: a thorough description of your firm's ability to represent
the Authority in the stated job duties; a description of your firm's past
experience as bond counsel for other state agencies; a description of your
firm's past experience as counsel to state and federal banks, credit unions,
finance companies, and other financial institutions; a designation of the
individuals who might be assigned to the work of the Authority; examples of
similar programs in which your firm has assisted as legal counsel; a quotation
of your proposed fee structure based upon the issuance of financing enhanced
by the general obligation of the State and/or a stand alone revenue bond issuance;
a statement addressing the effort made by your firm to encourage and develop
the participation of women and minorities in your firm; affirmation that the
firm does not, and shall not during the term of the contract, represent any
plaintiff in a proceeding seeking monetary damages from the State of Texas
or any of its agencies; and a statement of willingness to comply with policies,
directives, and guidelines of the Authority and the Attorney General of the
State of Texas.
Statement of Evaluation Process.
Responses to this RFQ will be evaluated and ranked according to the information
provided, and summarized for the Board's review. Staff will rank the proposals
and make a recommendation to the Board at the first available meeting. The
Board intends to select the proposal that demonstrates the highest degree
of competency and the necessary qualifications and experience in providing
the requested legal services at a fair and reasonable price.
Proposal Requirements.
A duly authorized representative of the firm must execute the submitted
response. An unsigned response will not be accepted. Issuance of this RFQ
In no way constitutes a commitment by the Authority to award a contract, to
issue bonds, or to pay for any services incurred either in the preparation
of a response to this RFQ or for the production of any contract for services.
The Authority also reserves the right to make amendments to the qualifications
requested by giving written notice to all firms who receive this RFQ. The
Chair of the Board has requested that all communications with the Authority
concerning this RFQ and the selection of counsel be directed to Robert Wood,
Assistant Commissioner for Rural Economic Development, with the Department,
acting as program manager on behalf of the Authority.
Any contact by a submitting firm, its employees or representatives, with any
Board member of the Authority for the purposes of soliciting or encouraging
a favorable review may be considered grounds for disqualification.
Proposal Submission.
All proposals must be received no later than 5:00 p.m., August 11, 2003.
Proposal responses, modifications or addenda to an original response received
by the Authority after the specified time and date for closing will not be
considered. Each firm is responsible for ensuring that its response reaches
the Authority before the proposed due date. Firms should
submit one unbound original and ten (10) copies of their proposal to:
Mr.
Robert Wood, Assistant Commissioner for Rural Economic Development, Texas
Agricultural Finance Authority, c/o Texas Department of Agriculture , P.O.
Box 12847, Austin, Texas 78711, Street Address: 1700 N. Congress, Stephen
F. Austin Bldg., 11th Floor, Austin, Texas 78701.
Please mark the envelopes containing proposals with the following note
in the lower left-hand corner:
IN RESPONSE TO PROPOSAL
REQUEST: BOND AND PROGRAM COUNSEL.
All proposals become the property
of the Authority. Proposals must set forth full, accurate and complete information
as required by this request. Oral responses, instructions or offers will not
be considered. The Authority reserves the right to reject any and all responses.
Term of the Agreement. The contract term shall be
for the period beginning September 1, 2003 through August 31, 2004.
Terms of the Agreement. The contract issued under
this RFQ will be in the form prescribed by the Office of the Attorney General
for Outside Counsel Contracts.
Proposal Modification.
Any response may be modified or withdrawn even after received by the Authority
at any time prior to the proposal due date. No material changes will be allowed
after the expiration of the proposal due date; however, non- substantive corrections
or deletions may be made with the approval of staff of the Department. The
Authority reserves the exclusive right to review proposals and make an appropriate
selection from such proposals. The Authority is not bound to accept any proposal
by virtue of this RFQ.
Cost Incurred In Responding.
All costs directly or indirectly related to preparation of a response to
the RFQ or any oral presentation required to supplement and/or clarify the
RFQ which may be required by the Authority shall be the sole responsibility
of, and shall be borne by your firm.
Release Of Information And Open Records.
All proposals shall be deemed, once submitted, to be the property of the
Authority. Information submitted in response to this RFQ shall not be released
by the Authority during the proposal evaluation process or prior to the awarding
of a contract. After the Authority completes the process and a contract is
awarded, proposals and information included therein may be subject to public
disclosure under the Texas Public Information Act.
TRD-200304066
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Filed: July 2, 2003
Public Hearings
The Texas Commission on Alcohol and Drug Abuse (commission) will hold public
hearings in several locations statewide to solicit input on the Strategic
Plan, Statewide Service Delivery Plan, and intended use of the Substance Abuse
Prevention and Treatment (SAPT) Block Grant.
Public hearings have been scheduled for the following dates, times and
places:
* Tuesday, July 15th, 12-2:00pm-303 Jackson Hill, Houston, Texas 77007.
* Wednesday, July 23rd, 5:15-6:30pm-Renaissance Hotel, Grand Ballroom B,
9721 Arboretum Drive, Austin, TX 78759.
Representatives from the commission will be present to provide an overview
of the current implementation status of the Statewide Services Delivery Plan,
to provide an overview of future initiatives, to provide notice of the intended
use of federal funds and to solicit public comments from interested citizens
and affected groups.
Comments should be directed to the long term goals of the agency and how
to best coordinate and deliver substance abuse related services. All written
and oral comments will be considered in preparation of the Strategic Plan,
Statewide Services Delivery Plan, and SAPT Block Grant Application. Written
comments may be mailed to Laura Jordan at the mailing address listed below
by September 19, 2003.
Customer Service Surveys will also be available to the public to provide
input for the commission’s assessment of customer satisfaction with
services. Completed Customer Service Surveys may be mailed to the commission
attn: Denise Mosel at PO Box 80529, Austin, Texas 78753-5233.
Spanish-language interpreters and interpreters for the hearing impaired
will be provided upon request. Please contact Laura Jordan at (800) 832-9623,
extension 6632, ten working days prior to the public hearing to request these
services. If you are an individual with a disability and need reasonable accommodation,
please notify the commission ten days in advance of the hearing date for accommodations
to be made.
Additional information may be obtained by contacting the Texas Commission
on Alcohol and Drug Abuse, Laura Jordan at 901 North IH 35, Suite 105, Austin,
Texas 78753-5233,(800) 832-9623, extension 6632.
TRD-200304026
Thomas F. Best
General Counsel
Texas Commission on Alcohol and Drug Abuse
Filed: July 1, 2003
Consultant Service Contract Award
The Texas Building and Procurement Commission, Procurement Division, announces
that Pitney Bowes Workflow Solutions, 14914 Medusa, Selma, Texas 78154 is
awarded a contract for consulting services for incoming mail operations analysis
and risk assessment.
Term of the contract is June 5, 2003 through July 31, 2003.
Amount of the contract is $49,848.00.
Announcement is made by Janet Hasty, Procurement Programs Manager.
TRD-200303950
Cynthia de Roch
General Counsel
Texas Building and Procurement Commission
Filed: June 26, 2003
TBPC Project No. 02-038-7002
The Texas Building and Procurement Commission invites bids for Fire Suppression
System Modifications for the Texas Commission on Environmental Quality, Building
A and Building E, 12100 Park 35 Circle, Austin, Texas 78711
Deadline:
Sealed Bids for this project will
be received until
3:00 P.M., July 28, 2003, at the
Bid Room, Room No. 180, 1711 San Jacinto, Austin, TX 78701
. See the
IFB for other delivery choices.
Plans and specifications may be obtained from the Engineer, Freese and
Nichols, 4055 International Plaza, Suite 200, Fort Worth, Texas 76109-4895,
Telephone No. (817) 735-7300, Fax No. (817) 735-7491, for a deposit of $75.00,
refundable upon return of a complete, unmarked set(s).
A voluntary site visit will be held at Texas Commission on Environmental
Quality, 12100 Park 35 Circle, Austin, Texas 78711, Building "A" Lobby, at
10:00 a.m. on July 11, 2003. The purpose of the site visit is for the potential
bidders to familiarize themselves with the facility and review the pertinent
areas of the project.
Only bids submitted on the official CONTRACTOR’S BID FORM found in
the Project Manual will be accepted.
The IFB may be obtained by contacting TBPC Internal Procurement, Attn:
Deborah Norwood (Fax: 512-463-3360), deborah.norwood@tbpc.state.tx.us or through
the Electronic State Business Daily at:
http://esbd.tbpc.state.tx.us/1380/bid_show.cfm?bidid=48178
No oral explanation in regard to the meaning of the Drawings and Specifications
will be made and no oral instructions will be given before the award of the
Contract. Discrepancies, omissions or doubts as to the meaning of Drawings
and Specifications and all communications concerning the project shall be
communicated in writing to the Deborah Norwood via fax at (512) 463-3360 or
via e-mail at deborah.norwood@tbpc.state.tx.us for interpretation. Bidders
should act promptly and allow sufficient time for a reply to reach them before
the submission of their Bids. Any interpretation made will be in the form
of an addendum to the Specifications, which will be forwarded to all known
Bidders and its receipt by the Bidder shall be acknowledged on the Contractor’s
Bid Form or on the face of the Addendum and returned with the bid.
Cary Needham, Engineering Specialist Texas Building and Procurement Commission
Facilities Construction and Space Management Division Phone: (512) 936-2053,
Fax: (512) 475-3187
TRD-200303953
Cynthia de Roch
General Counsel
Texas Building and Procurement Commission
Filed: June 26, 2003
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 deemed administratively complete
for the following projects(s) during the period of June 20, 2003, through
June 26, 2003. The public comment period for these projects will close at
5:00 p.m. on August 1, 2003.
FEDERAL AGENCY ACTIONS:
Applicant: SABCO Operating Company; Location: The project is located in
State Tract 49 approximately 6.3 miles ESE of downtown Corpus Christi, Nueces
County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled:
Portland, Texas. Approximate UTM Coordinates for the proposed production facility:
Zone 14; Easting: 669000; Northing: 3073000. Project Description: The applicant
proposes to drill Well No. 8 in State Tract (ST) 49 and install three 2-7/8"
O.D. pipelines from this well to an existing production platform #49 in ST
49 as a specific permit under Oil Field Development Permit 22174. The proposed
pipeline route was surveyed with a side scan sonar and magnetometer and no
shell reefs, seagrass, or metal objects were found within 500 feet of the
route. No fill is proposed for the project. CCC Project No.: 03-0210-F1; Type
of Application: U.S.A.C.E. permit application #22174/019/020/021 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
consistency review for this project may be conducted by the Rail Road Commission
as part of its certification under §401 of the Clean Water Act.
Applicant: Texas General Land Office; Location: The project is located
on the east side of the Gulf Intracoastal Waterway and immediately south of
the John F. Kennedy Causeway, Corpus Christi, Nueces County, Texas. The project
can be located on the U.S.G.S. quadrangle map entitled: Crane Island NW, Texas.
Approximate UTM Coordinates: Zone 14; Easting: 673750; Northing: 3057700.
Project Description: The applicant, on behalf of a prospective lessee, proposes
to construct a 110-foot by 110-foot over-water restaurant with a 20-foot wide
perimeter deck. Also proposed was a lower deck that was 110 feet by 110 feet
and 3 feet above MHT, of which 11,625 square feet was over water. Outer decks,
access ramps and piers were also proposed. The applicant has revised the building
design so that the over-water portions have been reduced, and the dock area
has increased. As before, no fill or dredging is proposed in jurisdictional
areas because the bulkhead is to be placed immediately landward of the Section
404 jurisdiction line. Primary access to the restaurant is land based; however,
access will also be provided to recreational boaters. Existing uplands will
be used for parking, servicing and delivery. CCC Project No.: 03-0195-F1;
Type of Application: U.S.A.C.E. permit application #20852(05) is being evaluated
under §404 of the Clean Water Act (33 U.S.C.A. §125-1387).
Applicant: El Paso Production Oil & Gas Company; Location: The project
is to be installed in and/or through Blocks 115, 114 and 134, High Island
Area, OCS Federal Waters, Gulf of Mexico, Offshore Texas. Project Description:
El Paso Production Oil and Gas Company has submitted to Minerals Management
Services an application for a 6-5/8 Inch Bulk Gas Right-of-Way pipeline to
be installed in and/or through Blocks 115, 114 and 134, High Island Area,
OCS Federal Waters, Gulf of Mexico, Offshore Texas. CCC Project No.: 03-0218-F1;
Type of Application: Pipeline ROW Application according to MMS Notice to Lessees
No. 2002-G15, issued effective December 20, 2002 and in compliance with 15
CFR 930.
Applicant: Gary Meschi; Location: The project is located on the Laguna
Madre side, at 1004 Padre Boulevard, South Padre island, Cameron County, Texas.
The project can be located on the U.S.G.S. quadrangle map entitled: Port Isabel,
Texas. Approximate UTM Coordinates: Zone 14; Easting: 683525; Northing: 2886942.
Project Description: The applicant proposes to build a retail center and restaurant.
The proposed building and parking will occur on a 3.48-acre tract of which
3.0 acres of jurisdictional waters of the United States will be impacted.
The impacted jurisdictional area includes 2.66 acres of filled special aquatic
site (saltwater coastal flat and mangroves), and 0.34 acres of pile-supported
structure considered to be serving the same purpose as fill. As wetland mitigation,
the applicant proposes to enhance 61,332 square feet (1.4 acres) of unvegetated
saltwater coastal flat by lowering natural ground elevations, and installing
circulation channels and planting black mangroves and submerged seagrasses.
CCC Project No.: 03-0220-F1; Type of Application: U.S.A.C.E. permit application
#20907(02) 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 consistency review for this project may be conducted by the Rail
Road Commission as part of its certification under §401 of the Clean
Water Act.
Applicant: Spinnaker Exploration Company, L.L.C.; Location: The project
is to be installed in Brazos Area Block 199 "A" Platform, OCS-G 22239 (Lessee/Operator-Dominion
E&P), Gulf of Mexico, Offshore Texas. Project Description: Spinnaker Exploration
Company, L.L.C. has submitted to Minerals Management Services an application
for a 6.625-inch O.D. pipeline to transport bulk gas production from Spinnaker's
Caisson No. 1 in Brazos Area Block A017 (OCS-G 23166), through Brazos Area
Block A018 (Open), Shell's Brazos Area Block A009 (OCS-G 20617), crossing
TGP's 12" gas pipeline (Seg. No. 5754) Brazos Area Block A009, Brazos Area
Block A009 (Open) to ATP's "A" Platform in Brazos Area Block 544 (OCS-G 10226).
CCC Project No.: 03-0222-F1; Type of Application: Pipeline ROW Application
according to MMS Notice to Lessees No. 2002-G15 issued effective December
20, 2002 and in compliance with 15 CFR 930.
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 on the applications listed above may be obtained from
Ms. Diane P. Garcia, Council Secretary, Coastal Coordination Council, P.O.
Box 12873, Austin, Texas 78711-2873, 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-200304056
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: July 2, 2003
Notice of Request for Proposals
Pursuant to Chapter 2254, Subchapter B, and Sections 403.011 and 403.020,
Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces
the issuance of a Request for Proposals (RFP #158a) from qualified, independent
firms to provide consulting services to Comptroller. The successful respondent
will assist Comptroller in conducting a management and performance review
of the Tatum Independent School District (Tatum ISD). Comptroller reserves
the right, in its sole discretion, to award one or more contracts for a review
of the Tatum ISD included in this RFP. The successful respondent(s) will be
expected to begin performance of the contract or contracts, if any, on or
about August 25, 2003.
Contact: Parties interested in submitting a proposal should contact Clay
Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts,
111 E. 17th St., ROOM G-24, Austin, Texas, 78774, telephone number: (512)
305-8673, to obtain a copy of the RFP. Comptroller will mail copies of the
RFP only to those specifically requesting a copy. The RFP was made available
for pick-up at the above-referenced address on Friday, July 11, 2003, between
10 a.m. and 5 p.m., Central Zone Time (CZT), and during normal business hours
thereafter. Comptroller also made the complete RFP available electronically
on the Texas Marketplace at: http://esbd.tbpc.state.tx.us after 10 a.m. (CZT)
on Friday, July 11, 2003.
Mandatory Letters of Intent and Questions: All Mandatory Letters of Intent
and questions regarding the RFP must be sent via facsimile to Mr. Harris at:
(512) 475-0973, not later than 2:00 p.m. (CZT), on Wednesday, July 30, 2003.
Official responses to questions received by the foregoing deadline will be
posted electronically on the Texas Marketplace no later than August 1, 2003,
or as soon thereafter as practical. Mandatory Letters of Intent received after
the 2:00 p.m., July 30, 2003 deadline will not be considered. Respondents
shall be solely responsible for confirming the timely receipt of Mandatory
Letters of Intent to propose.
Closing Date: Proposals must be received in Assistant General Counsel's
Office at the address specified above (ROOM G-24) no later than 2 p.m. (CZT),
on Friday, August 8, 2003. Proposals received after this time and date will
not be considered. Proposals will not be accepted from respondents that do
not submit mandatory letters of intent by the July 30, 2003, deadline. Respondents
shall be solely responsible for confirming the timely receipt of proposals.
Evaluation and Award Procedure: All proposals will be subject to evaluation
by a committee based on the evaluation criteria and procedures set forth in
the RFP. Comptroller will make the final decision regarding the award of a
contract or contracts. Comptroller reserves the right to award one or more
contracts under this RFP.
Comptroller reserves the right to accept or reject any or all proposals
submitted. Comptroller is under no legal or other obligation to execute any
contracts on the basis of this notice or the distribution of any RFP. Comptroller
shall not pay for any costs incurred by any entity in responding to this Notice
or the RFP.
The anticipated schedule of events is as follows: Issuance of RFP - July
11, 2003, 10 a.m. CZT; All Mandatory Letters of Intent and Questions Due -
July 30, 2003, 2 p.m. CZT; Official Responses to Questions Posted - August
1, 2003, or as soon thereafter as practical; Proposals Due - August 8, 2003,
2 p.m. CZT; Contract Execution - August 25, 2003, or as soon thereafter as
practical; Commencement of Project Activities - August 25, 2003.
TRD-200304023
Pamela Smith
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: July 1, 2003
Request for Qualifications for Independent Auditing Services for the Texas
Comptroller of Public Accounts, #157b
Pursuant to Senate Bill 1458, 77th Texas Legislature codified in Subchapter
A, Chapter 111, Section 111.0045, Texas Tax Code, the Comptroller of Public
Accounts (Comptroller) issues this Request for Qualifications (RFQ #157b)
from qualified independent persons or firms to perform certain tax audits.
The Comptroller issued this RFQ #157b by posting it on the Texas Marketplace
on July 11, 2003, and, by publishing this RFQ #157b in this July 11, 2003
issue of the Texas Register. The Comptroller solicits a Statement of Qualifications
pursuant to Chapter 2254, Subchapter A, of the Texas Government Code from
persons or firms that are interested in contracting with the Comptroller to
perform audits that meet the requirements of Section 111.0045, Texas Tax Code,
administrative rules adopted and procedures established by the Comptroller
under that statute, and other applicable law. The Comptroller has adopted
a rule governing contract auditors as codified at 34 TAC §3.3. Under
this RFQ, the Comptroller reserves the right to select and contract with one
or more persons or firms to conduct these audits on an as-needed basis. No
minimum amount of audits or compensation is guaranteed to any selected contract
auditor.
The Comptroller solicits Statements of Qualifications in response to this
RFQ from existing contract auditors as well as qualified persons or firms
not currently or previously under contract with the Comptroller. All respondents,
including contract auditors selected under previous RFQs (#130c, 137d, and
148b), must meet all qualifications of this RFQ and attend Mandatory Orientation
conducted by the Comptroller prior to receipt of any audit packages under
any contract awarded under this RFQ. The only contract auditors under contract
for the period effective September 1, 2003 and thereafter will be contract
auditors receiving awards under this RFQ #157b; all existing contracts (#130c,
137d or 148b) shall not be extended for the period beginning September 1,
2003 and thereafter.
By this contract audit program, the Comptroller intends to increase the
number of audits of taxpayers. The Comptroller has implemented a program to
contract with interested persons and firms that meet the following minimum
qualifications and other reasonable qualifications established by the Comptroller
consistent with Section 111.0045, Texas Tax Code the Comptroller's administrative
rules and procedures and other applicable law.
The Comptroller will accept Statements of Qualifications in response to
this RFQ from firms and individuals that have the following minimum qualifications:
(i) a bachelor's degree from an accredited senior college or university
with a minimum of twenty-four (24) hours of accounting, including six (6)
hours of intermediate accounting and three hours of auditing; and
(ii) one (1) year of experience in Texas tax auditing, accounting, or other
Texas tax services.
The Comptroller will select, in its sole discretion, those qualified contract
auditors to perform audits on an as-needed and as-assigned basis that the
Comptroller identifies as appropriate for inclusion in such contracts. At
the time of assignment, the Comptroller will provide selected contract auditors
with a preliminary audit package containing the identity and requisite information
for each taxpayer that will be audited under the contract. The contracts will
provide for one or more awards of $60,000 or $75,000 firm fixed price payment
to the auditor upon successful completion of the assigned audits (final audit
package) and the Comptroller's written acceptance of the audit report and
other contract deliverables, including workpapers. Awards shall be based on
the qualifications of the auditors proposed in the Statement of Qualifications
submitted. Individual auditors submitting Statements of Qualification who
have no other auditor employees shall be considered, in the Comptroller's
sole discretion, for one (1) $60,000 or $75,000 award and individual auditors
with at least one (1) employee auditor and firms in the form of any business
entity that may lawfully perform audits and which have two (2) or more auditors
may be considered, in the Comptroller's sole discretion, for multiple awards
of $60,000 or $75,000. Barring unforeseen circumstances only one (1) round
of awards will be made at the beginning of the one (1) year contract term;
however, the Comptroller reserves the right, in its sole discretion, to make
additional awards during the one (1) year contract term. Payment will be made
in accordance with the terms of the contract. Each $60,000 contract will require
the auditor to perform and complete the audits, including the audit reports,
for a group of taxpayers that, based on historical audit completion data,
should require about 1280 person hours of work to complete at the rate of
$46.88 per hour and each $75,000 contract will require the auditor to perform
and complete the audits, including the audit reports, for a group of taxpayers
that, based on historical audit completion data, should require about 1600
person hours of work to complete also at the rate of $46.88 per hour. Auditors
will be paid for assigned work completed to date in $10,000 increments (except
the last payment, if applicable) upon completion of a set number of the audits
assigned as determined by the Comptroller and, upon submission to and acceptance
by Comptroller as provided in the contract.
In performing assigned audits and for the contracted lump sum payments,
selected contract auditors will complete all work necessary to identify the
correct amount of tax that should have been reported by each taxpayer and
provide the Comptroller with the data and other information necessary to support
any assessment of tax or refund of tax that results from the audit report.
Selected contract auditors will also provide any time reports and other written
documentation required by the Comptroller. The Comptroller will not make any
payments in advance.
Under this RFQ, the maximum contract amount paid to any individual auditor
without additional auditor employees, an individual auditor with additional
auditor employees or a firm with multiple auditors will not exceed ($150,000.00
each).
Selected contract auditors must complete all work and submit all audit
reports, workpapers and other deliverables no later than required under the
terms of the proposed contract.
Selected contract auditors must meet professional conflict of interest
standards and other standards established by the Comptroller to ensure the
independence of each assigned audit.
Regarding prior employment with the Comptroller, the following provisions
shall apply in determining eligibility for contract awards, if any, resulting
from this RFQ.
Section 2252.901, Texas Government Code reads as follows: "(a) A state
agency may not enter into an employment contract, a professional services
contract under Chapter 2254, or a consulting services contract under Chapter
2254 with a former or retired employee of the agency before the first anniversary
of the last date on which the individual was employed by the agency, if appropriated
money will be used to make payments under the contract. This section does
not prohibit an agency from entering into a professional services contract
with a corporation, firm, or other business entity that employs a former or
retired employee of the agency within one year of the employee's leaving the
agency, provided that the former or retired employee does not perform services
on projects for the corporation, firm, or other business entity that the employee
worked on while employed by the agency."
Pursuant to the above statute, an individual employed by the Comptroller
during the last twelve (12) months may be employed by another Contractor but
shall not work on projects or perform audits on taxpayers he or she audited
while employed by the Comptroller. That is, the Comptroller interprets "projects"
within Section 2252.901 to include specific audits performed or worked on
by the former employee. Additionally, it is the Comptroller's policy that
if a former employee of the Comptroller of the type described above is employed
by or associated with a business entity in which such employee holds any equity
interest, then the firm may not contract with the Comptroller within the twelve
(12) month period. The twelve (12) month period is determined by working back
from the effective date of the proposed contract.
Section 572.054, Texas Govt Code reads in pertinent part as follows: "b)
A former state officer or employee of a regulatory agency who ceases service
or employment with that agency on or after January 1, 1992, may not represent
any person or receive compensation for services rendered on behalf of any
person regarding a particular matter in which the former officer or employee
participated during the period of state service or employment, either through
personal involvement or because the case or proceeding was a matter within
the officer's or employee's official responsibility. (c) Subsection (b) applies
only to: (1) a state officer of a regulatory agency; or (2) a state employee
of a regulatory agency who is compensated, as of the last date of state employment,
at or above the amount prescribed by the General Appropriations Act for step
1, salary group 17, of the position classification salary schedule, including
an employee who is exempt from the state's position classification plan."
This Section 572.054 (b) prohibition against working on matters that the
former employee participated in while employed by the Comptroller applies
without limitation to any such past actions by the employee even if longer
than twelve (12) months, if the employee's compensation exceeded $33,000 annually
while employed by the Comptroller at any time during that employee's employment
with the Comptroller. Again, it is the Comptroller's policy interpretation
that "matter" includes specific audits of taxpayers.
Time is of the essence in implementation of this program. Respondents to
this RFQ must be available to begin accepting assignments no later than September
2003 upon completion of orientation or other timelines established by the
Comptroller for such implementation. The Comptroller anticipates awarding
multiple master contracts as a result of this RFQ and will not entertain negotiation
of the basic terms and conditions. All respondents will be offered the same
master contract terms and conditions. Respondents should not respond to this
RFQ if they cannot agree to the terms and conditions of the sample contract.
Any resulting contracts are non-exclusive and the Comptroller may issue additional
solicitations for the contracted services at any time. The Comptroller is
not obligated to assign any audits to recipients of master contract awards.
Questions; Proposed Contract: Questions concerning this RFQ must be in
writing and submitted via hand delivery or facsimile no later than July 21,
2003, 2:00 p.m., Central Zone Time (CZT) to Thomas H. Hill, Assistant General
Counsel, Contracts, General Counsel Division, Comptroller of Public Accounts,
111 E. 17th St., ROOM G-24, Austin, Texas, 78774, telephone number: (512)
305-8673, facsimile (512) 475-0973. The Comptroller's official response to
questions received by this deadline will be posted as an addendum to the Texas
Marketplace notice as soon as possible after receipt; the Comptroller expects
to post these official responses no later than July 25, 2003 or as soon thereafter
as practicable. A copy of the sample master contract, the standard form vita
described below, and mandatory Execution of Statement of Qualifications Form
all of which are included as addenda to the Texas Marketplace notice of issuance
of this RFQ.
Closing Date: An original with original ink signatures and ten (10) copies
of each Statement of Qualifications must be hand delivered to and received
in the Office of the Assistant General Counsel, Contracts, at the address
specified above no later than 2:00 p.m. (CZT), on August 12, 2003. Statements
of Qualifications received after this time and date will not be considered.
Respondents shall be solely responsible for confirming the timely receipt
of Statements of Qualifications.
Content: Statements of Qualifications must include all of the following
information in order to be considered:
1. Transmittal letter that (a) describes specific experience and qualifications
of both the firm and each individual in the conduct of state tax audits; and
(b) outlines the respondent's understanding of Section 111.0045 Texas Tax
Code other relevant provisions of the Texas Tax Code and other related enabling
legislation related to conduct of these audits on an as needed basis;
2. Physical address of firm's or individual's business offices and each
local audit facility and primary contact person;
3. Vita for each individual who will be involved in the project; The vita
must be on the form contained on the addenda to the Texas Marketplace notice
of issuance of this RFQ. All information on the vita form must be fully filled
out and complete.
4. A sample Audit Plan providing a list of the audit procedures and resources
that will be utilized to conduct these audits on an as needed basis if selected
by the Comptroller. The Audit plan should list or describe the actual procedures
to be used in sufficient detail so as to demonstrate an understanding of internal
control, record keeping, and taxpayer reporting responsibilities for sales
tax and the appropriate audit procedures necessary for verification of correct
amounts of tax. The sample Audit Plan must include all items contained in
the General Audit Checklist section of the Comptroller's Auditing Fundamentals
Manual, Chapter 3, and all items contained in the Audit Plan published in
Chapter 4 of the Comptroller's Sales Tax Audit Policy/Procedures Manual. The
Comptroller's audit manuals may be found at the following internet location:
http://www.window.state.tx.us/taxinfo/audit/auditman.htm
5. Proposed sample Workplan (including Timeline, Tasks and Deliverables)
to implement each of the audits after assignment, including (a) methods for
deploying personnel and equipment to perform the audits timely and otherwise
in accordance with each contractual requirement; (b) methods for making personnel
available for orientation and examination; (c) date availability for each
of the personnel to perform assigned audits; (d) methods for conducting preliminary
(prior to receipt of taxpayer questionnaire) and final (after receipt of taxpayer
questionnaire) conflicts checks regarding actual or potential conflicts of
interest and notifying the Comptroller prior to accepting or beginning an
assignment, and (e) an understanding of the Audit Flowchart Timelines contained
in the appendix of the Comptroller's Auditing Fundamentals Manual.
6. Disclosures of any partners, associates, employees or individual practitioner
who have been employees of the Comptroller within the past twelve (12) months
prior to the date of submission of the Statement of Qualifications, and any
individuals that hold an equity interest as provided in the above prohibition
against employees that have been employed by the Comptroller within the past
twelve (12) months prior to the contracting date;
7. Statement of whether the respondent is a Historically Underutilized
Business (HUB) and its efforts and willingness of the respondent to comply
with the HUB requirements of Texas law and administrative rules and regulations;
8. Confirmation of understanding of and willingness to comply with the
policies, directives, rules, procedures and guidelines of the Comptroller
and other Standards of Performance established by the Comptroller for the
conduct of the assigned audits;
9. Confirmation of understanding of and willingness to adhere to all provisions
of the sample contract, including, without limitation, the proposed fee arrangements,
as posted on the Texas Marketplace; and
10. Completed and Signed Execution of Statement of Qualifications Form.
11. Signed letter or letters from a qualified insurance agent or agents
containing quotations for the required insurance coverages set out in Section
VIII of the Master Agreement for Professional Services and stating that the
coverages are available to the respondent upon selection, if any, of the contract
auditor pursuant to this RFQ. In the alternative, respondents may submit current
certificates of insurance showing the required coverage is already in force
and in effect. Respondent's insurance agents shall be ready to immediately
issue policies and certificates upon notification of the Respondent's selection.
Time is of the essence and no Agreements will be executed without the coverage
required. A successful Respondent's preliminary selection may be rescinded
due to failure to have the required insurance coverage by the time set by
the Comptroller.
Mandatory Orientation Session: Respondents must attend, at their sole cost
and expense, mandatory orientation sessions to be conducted by the Comptroller
in Austin during September 2003. Questions regarding this mandatory session
should be submitted prior to the deadline for submission of other written
questions on this RFQ. A contract auditor responding to this RFQ who has previously
attended orientation offered by the Comptroller in connection with any of
the three prior RFQs for contract auditors shall not be required to attend
the above orientation session.
Evaluation and Award Procedure: All qualifying Statements of Qualifications
received by the deadline above will be evaluated based on qualifications,
experience, Workplan and agreement to the sample contract and fees. The Comptroller
will make the final selections in accordance with Chapter 2254, Subchapter
A, Texas Government Code in its sole discretion in the best interests of the
Comptroller and the State of Texas. Notice of contract awards will be published
in the Texas Marketplace as soon as possible after all contracts, if any,
resulting from this Statement of Qualifications, are fully executed.
Limitations: The Comptroller reserves the right to accept or reject any
or all Statements of Qualifications submitted in response to this RFQ. The
Comptroller is not obligated to execute any contract or contracts or any specific
number of contracts as a result of issuing this RFQ. The Comptroller further
reserves the right to issue additional RFQs or other solicitations for the
contracted or similar services at any time as the Comptroller determines are
necessary to ensure an adequate number of auditors for any assigned audits
under this program or any similar program. The Comptroller shall pay no costs
or any other amounts incurred by any entity in responding to this RFQ. The
Comptroller reserves the right to award contracts on the basis of the need
to achieve appropriate audit coverage in all geographical areas of the State
of Texas and/or nationwide and to evaluate respondents in a manner that will
best achieve this need.
Summary of Schedule: The anticipated schedule is as follows: Issuance of
RFQ, including sample contract, on Texas Marketplace-July 11, 2003, 2:00 p.m.
CZT; Questions -July 21, 2003, 2:00 p.m. CZT; Posting of Official Responses
to Questions-July 25, 2003, 5:00 p.m. CZT or as soon thereafter as practical,
Statements of Qualifications Due -August 12 , 2003, 2:00 p.m. CZT; Contract
Execution-August 18, 2003, or as soon thereafter as practical; Notice of Contract
Awards posted on Texas Marketplace-August 22, 2003, or as soon thereafter
as practical. Mandatory Orientation-September 2003; and Beginning of Audits-
September 2003, upon completion of Orientation, or as soon thereafter as practical.
TRD-200304062
Pamela Smith
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: July 2, 2003
Notice of Rate Ceilings
The Consumer Credit Commissioner of Texas has ascertained the following
rate ceilings by use of the formulas and methods described in Sections 303.003,
303.005, and 303.009, Tex. Fin. Code.
The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the
period of 07/07/03 -- 07/13/03 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 07/07/03 -- 07/13/03 is 18% for Commercial over $250,000.
The monthly ceiling as prescribed by Sec. 303.005
3
for the period of 07/01/03 -- 07/31/03 is 18% for Consumer/Agricultural/Commercial/credit
thru $250,000.
The monthly ceiling as prescribed by Sec. 303.005 for the period of 07/01/03
-- 07/31/03 is 18% for Commercial over $250,000.
1
Credit for personal, family or household
use.
2
Credit for business, commercial, investment
or other similar purpose.
3
For variable rate commercial transactions
only.
TRD-200304024
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: July 1, 2003
Request for Proposals for Regional Marketing Strategy
Deep East Texas Council of Governments is requesting proposals to develop
a Regional Marketing Strategy for participating communities in the Deep East
Texas area. The intent is to create a regional marketing plan specifically
targeting East Texas hardwoods and related products for the purpose of diversifying
the local timber industry. This strategy will outline a marketing plan to
assist this industry achieve the goal of diversification.
A complete Request for Proposals is available at: www.detcog.org/jobs_rfps/rfpwood.pdf
Contact: Walter G. Diggles, Executive Director, DETCOG, 274 E. Lamar, Jasper,
Texas 75951, wdiggles@detcog.org, (409) 384-5704.
Closing Date: Final proposals will be due by 5 PM, CST, August 15, 2003.
Proposals will be reviewed by a technical committee based on criteria
identified in the complete Request for Proposals.
TRD-200303908
Rusty Phillips
Regional Services Director
Deep East Texas Council of Governments
Filed: June 25, 2003
Public Notice Related to Transfer of the Administration of the Federal Child Nutrition Programs from the Texas Education Agency to the Texas Department of Agriculture
Public Notice Announcing that the Texas Education Agency, in conjunction
with the Texas Department of Agriculture, intends to transfer the administration
of the Federal Child Nutrition Programs (7 CFR Part 210, 7 CFR Part 220, 7
CFR Part 215, and 7 CFR Part 235) from the Texas Education Agency to the Texas
Department of Agriculture.
The Texas Education Agency has prepared a request for waiver of the federal
requirement that Child Nutrition Programs be administered by the state educational
agency. This waiver request proposes that the Texas Department of Agriculture
be designated as the state agency responsible in all respects for the administration
of Child Nutrition Programs in Texas. The waiver request has been submitted
to the United States Department of Agriculture in accordance with 42 USC §1760(l).
An interested person or agency may address questions concerning this matter
via mail, telephone, fax, or e-mail to the Texas Education Agency, Child Nutrition
Programs Division, 1701 North Congress Avenue, Austin, Texas 78701; telephone
512-997-6550; fax 512-973-9802; e-mail at cnp@tea.state.tx.us.
TRD-200304061
Cristina De La Fuente-Valadez
Manager, Policy Planning
Texas Education Agency
Filed: July 2, 2003
Enforcement Orders
A default order was entered regarding STAR TEX DISTRIBUTORS, INC., Docket
No. 2001- 0019-PST-E on June 20, 2003 assessing $19,800 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
LAURENCIA FASOYIRO, Staff Attorney at (713)422-8914, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding KIRK O'KEEFE DBA O'KEEFE CUTTING
HORSES, Docket No. 2001-0059-AGR-E on June 20, 2003 assessing $9,375 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
DIANA GRAWITCH, Staff Attorney at (512)239-0939, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding STAR TEX DISTRIBUTORS, INC., Docket
No. 2001- 0629-PST-E on June 20, 2003 assessing $2,400 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
LAURENCIA FASOYIRO, Staff Attorney at (713)422-8914, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding SAHEEM ENTERPRISES, INC. DBA CORNER
FOOD MART, Docket No. 2001-0850-PST-E on June 20, 2003 assessing $42,200 in
administrative penalties.
Information concerning any aspect of this order may be obtained by ROBIN
CHAPMAN, Staff Attorney at (512)239-0497, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding DAVIS YOUNG DBA YOUNG AUTO SERVICE,
Docket No. 2001-1465-MSW-E on June 20, 2003 assessing $25,000 in administrative
penalties with $22,000 deferred.
Information concerning any aspect of this order may be obtained by contacting
DIANA GRAWITCH, Staff Attorney at (512)239-0939, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding SHIVE HARI, INC. DBA TEXAS FOOD STORE,
Docket No. 2001-0380-PST-E on June 23, 2003 assessing $10,000 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
ROBERT HERNANDEZ, Staff Attorney at (210)403-4016, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding DJ CONTRACTORS, INC., Docket No.
2000-1437- MLM-E on June 20, 2003 assessing $23,275 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
ROBERT HERNANDEZ JR, Staff Attorney at (210)403-4016, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding KAIF KALOLWALA DBA RAJ TRANSPORT,
Docket No. 2001-0848-PST-E on June 20, 2003 assessing $1,500 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
ALFRED OKPOHWORHO, Staff Attorney at (713)422-8918, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding WAGGON-CELLERS SOUTH AMERICA LLC,
Docket No. 2001-1442-IHW-E on June 20, 2003 assessing $2,500 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
SHANNON STRONG, Staff Attorney at (512)239-6201, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding DALE MADRIGAL INDIVIDUALLY &
IOWA WATER SUPPLY CORPORATION, Docket No. 2001-0636-PWS-E on June 20, 2003
assessing $14,525 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
JAMES BIGGINS, Staff Attorney at (210)403-4017, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding BILL'S WELDING & ROUSTABOUT,
INC., Docket No. 2002-0743-PST-E on June 20, 2003 assessing $5,400 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
LAURENCIO FASOYIRO, Staff Attorney at (713)422-8914, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding LELAND DUNCAN DBA DUNCAN'S FULL SERVICE,
Docket No. 2002-0843-PST-E on June 20, 2003 assessing $9,975 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
ROBIN CHAPMAN, Staff Attorney at (512)239-0479, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding ENVIRO SAVE OIL RECOVERY COMPANY
OF AMERICA, Docket No. 2000-0440-MSW-E on June 23, 2003 assessing $1,875 in
administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
GITANJALI YADAV, Staff Attorney at (512)239-2029, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding PATRICK ASOGWA, Docket No. 2002-1403-PWS-E
on June 20, 2003.
Information concerning any aspect of this order may be obtained by contacting
JAMES BIGGINS, Staff Attorney at (210)403-4017, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding TRI COUNTY PETROLEUM, INC, Docket
No. 2001- 1360-PST-E on June 20, 2003 assessing $6,000 in administrative penalties
with $1,200 deferred.
Information concerning any aspect of this order may be obtained by contacting
*GITANJALI YADAV, Staff Attorney at (512)239-2029, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding MMN INCORPORATED DBA COUNTRY BEAR
MOBIL, Docket No. 2002-0128-PST-E on June 20, 2003 assessing $1,250 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
TROY NELSON, Staff Attorney at (903)525-0380, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding RINKLE GROCERY & HARDWARE, INC.,
Docket No. 2002-0818-PST-E on June 20, 2003 assessing $2,000 in administrative
penalties with $400 deferred.
Information concerning any aspect of this order may be obtained by contacting
JOHN BARRY, Enforcement Coordinator at (409)899-8791, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding USA EXPRESS, INC., Docket No. 2001-0020-PST-E
on June 20, 2003 assessing $24,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
LAURENCIA FASOYIRO, Staff Attorney at (713)422-8914, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding AL-HAYAT, INC. DBA HONEY STOP #1,
Docket No. 2002-0072-PST-E on June 20, 2003 assessing $16,250 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
LAURENCIA FAYSOYIRO, Staff Attorney at (713)422-8914, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding DOROTHY A. ESSEX DBA OAK HILL ACRES
MOBILE HOME SUBDIVISION, Docket No. 2000-0830-PWS-E on June 20, 2003 assessing
$2,501 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
DARREN REAM, Staff Attorney at (817)588-5878, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding AN HUNG ENTERPRISES, INC. DBA E &
J SUPER FOOD MART, Docket No. 2002-1066-PWS-E on June 20, 2003 assessing $3,060
in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
KIMBERLY MCGUIRE, Enforcement Coordinator at (713)422-8938, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding ANDREWS TRANSPORT, INCORPORATED,
Docket No. 2002-1150-PST-E on June 20, 2003 assessing $1,000 in administrative
penalties with $200 deferred.
Information concerning any aspect of this order may be obtained by contacting
JORGE IBARRA, Enforcement Coordinator at (817)588-5890, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding APAC-TEXAS, INC., Docket No. 2002-1083-AIR-E
on June 20, 2003 assessing $6,525 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
STACEY YOUNG, Enforcement Coordinator at (512)239-1899, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding DUKE ENERGY FIELD SERVICES, L.P.,
Docket No. 2002-0719-AIR-E on June 20, 2003 assessing $6,525 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
KATHARINE HODGINS, SEP Coordinator at (512)239-6122, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding MOHAMMAD N. QURESHI DBA HAH GAS MART,
Docket No. 2001-0004-PST-E on June 20, 2003 assessing $1,000 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
BILL DAVIS, Enforcement Coordinator at (512)239-0784, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding LINN MATERIALS, LLC, Docket No. 2002-1071-AIR-
E on June 20, 2003 assessing $10,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
JAIME GARZA, Enforcement Coordinator at (956)430-6030, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding TOWN OF LITTLE ELM, Docket No. 2002-0395-
MWD-E on June 23, 2003 assessing $3,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
KATHARINE HODGINS, SEP Coordinator at (512)239-6122, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding NATIONAL-OILWELL, L.P., Docket No.
2002-0690- IHW-E on June 20, 2003 assessing $2,500 in administrative penalties
with $1,250 deferred.
Information concerning any aspect of this order may be obtained by contacting
KATHARINE HODGINS, SEP Coordinator at (512)239-6122, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding WILLIAMS TERMINALS HOLDINGS, L.P.,
Docket No. 2002-1234-AIR-E on June 20, 2003 assessing $19,425 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
KATHARINE HODGINS, SEP Coordinator at (512)239-6122, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding WHMC, INC. DBA WEST HOUSTON MEDICAL
CENTER, Docket No. 2002-1178-PST-E on June 20, 2003 assessing $1,350 in administrative
penalties with $270 deferred.
Information concerning any aspect of this order may be obtained by contacting
CATHERINE SHERMAN, Enforcement Coordinator at (713)767-3624, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CLARENCE REEVES DBA PLEASANT RIDGE
ADDITION & TIMBER CREEK ADDITION, Docket No. 2001-0149-PWS-E on June 20,
2003 assessing $3,438 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
CHERYL THOMPSON, Enforcement Coordinator at (817)588-5886, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding VALERO REFINING - TEXAS, L.P., Docket
No. 2001- 0852-AIR-E on June 20, 2003 assessing $124,760 in administrative
penalties with $24,952 deferred.
Information concerning any aspect of this order may be obtained by contacting
KATHARINE HODGINS, SEP Coordinator at (512)239-6122, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding UTEX INDUSTRIES, INC., Docket No.
2002-1200- AIR-E on June 20, 2003 assessing $1,875 in administrative penalties
with $375 deferred.
Information concerning any aspect of this order may be obtained by contacting
GILBERT ANGELLE, Enforcement Coordinator at (512)239-4489, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding J. CLEO THOMPSON & JAMES CLEO
THOMPSON, JR., L.P., Docket No. 2002-1043-AIR-E on June 20, 2003 assessing
$1,500 in administrative penalties with $375 deferred.
Information concerning any aspect of this order may be obtained by contacting
KATHARINE HODGES, SEP Coordinator at (512)239-6122, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding SIGNAL FUELS CO., Docket No. 2002-0850-PST-E
on June 23, 2003 assessing $2,850 in administrative penalties with $570 deferred.
Information concerning any aspect of this order may be obtained by contacting
MICHAEL MEYER, Enforcement Coordinator at (512)239-4492, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding SZS ENTERPRISES, INC. DBA KORNER
FOOD MART, Docket No. 2002-0172-PST-E on June 20, 2003 assessing $16,875 in
administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
SANDY VANCLEAVE, Enforcement Coordinator at (512)239-0667, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding RECOVERY TECHNOLOGIES GROUP OF TEXAS,
INC., Docket No. 2002-0812-MSW-E on June 20, 2003 assessing $5,000 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
KATHARINE HODGINS, SEP Coordinator at (512)239-6122, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding KLAAS TALSMA DBA TALSMA DAIRY, Docket
No. 2002-1391-AGR-E on June 20, 2003 assessing $2,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
SHERRY SMITH, Enforcement Coordinator at (512)239-0572, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding NATURAL MINING INTERNATIONAL, INC.,
Docket No. 2000-1087-AIR-E on June 20, 2003 assessing $6,500 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
REBECCA NASH PETTY, Staff Attorney at (512)239-3693, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding STEVE PARKS STEVE DBA STEVE'S COUNTRY
STORE, Docket No. 2001-1061-PST-E on June 20, 2003 assessing $17,000 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
KELLY MEGO, Staff Attorney at (713)422-8916, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding RON WISE DBA WISE LANDSCAPE, Docket
No. 2002-0669-LII-E on June 20, 2003 assessing $2,750 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
BENJAMIN DE LEON, Staff Attorney at (512)239-6939, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding INTERCONTINENTAL WATER SUPPLY CORPORATION,
Docket No. 2001-0489-PWS-E on June 20, 2003 assessing $125 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
JAMES BIGGINS, Staff Attorney at (210)403-4017, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
TRD-200304047
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 1, 2003
Notice mailed July 1, 2003.
TCEQ Internal Control No. 05062003-D01; PARKER CREEK ESTATES, L.P., (Petitioner)
filed a petition for creation of Parker Creek Municipal Utility District of
Rockwall County, Texas. (District) with the Texas Commission on Environmental
Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59
of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas
Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules
of the TCEQ. The petition states that: (1) the Petitioner is the owner of
a majority in value of the land to be included in the proposed District; (2)
the proposed District will contain approximately 309.111 acres located within
Rockwall County, Texas; and (3) the proposed District is not within the corporate
limits or extraterritorial jurisdiction of any city, town or village in Texas.
There is one lienholder (Sheffield Properties, Inc.) on the land to be included
in the proposed District. The petition further states that the proposed District
will: (1) construct, acquire, maintain and operate a waterworks and sanitary
sewer system for residential and commercial purposes; (2) construct, acquire,
improve, extend, maintain and operate works, improvements, facilities, plants,
equipment and appliances helpful or necessary to provide more adequate drainage
for the property in the proposed District; and (3) control, abate and amend
local storm waters or other harmful excesses of waters, as more particularly
described in an engineer's report filed simultaneously with the filing of
the petition. According to the petition, the Petitioner estimates that the
cost of the project will be approximately $16,550,000.
INFORMATION SECTION
The TCEQ 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 TCEQ 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 TCEQ 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, TCEQ, 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 TCEQ can be found at our web site
at www.tceq.state.tx.us.
TRD-200304046
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 1, 2003
The following notices were issued during the period of June 24, 2003 through
July 1, 2003
The following require the applicants to publish notice in the newspaper.
The public comment period, requests for public meetings, or requests for a
contested case hearing may be submitted to the Office of the Chief Clerk,
Mail Code 105, P O Box 13087, Austin Texas 78711-3087, WITHIN 30 DAYS OF THE
DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE
THE BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 21 has applied for a
renewal of TPDES Permit No. 14222-001, which authorizes the discharge of treated
domestic wastewater at a daily average flow not to exceed 500,000 gallons
per day. The facility is located at 13717A Highway 6, approximately 2 miles
southeast of the intersection of State Highway 6 and Farm-to-Market Road 521
in Brazoria County, Texas
CSA LIMITED, INC., which operates a facility which packages various liquid
products for retail distribution, has applied for a renewal of TPDES Permit
No. 04084, which authorizes the discharge of treated domestic wastewater at
a daily average flow not to exceed 4,000 gallons per day via Outfall 001;
and treated utility wastewaters, mop water, water from water baths, reverse
osmosis reject water, washwater from floor sumps, boiler blowdown, and storm
water at a daily average flow not to exceed 8,000 gallons per day via Outfall
002. The facility is located at 16212 State Highway 249, approximately 1.7
miles southeast of the intersection of State Highway 249 and Farm-to-Market
Road 1960, Harris County, Texas
CAMP OLYMPIA, INC. has applied for a renewal of TPDES Permit No. 14261-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 50,000 gallons per day. The facility is located 4.7 miles
southeast of the intersection of State Highway 94 and State Highway 3188 in
Trinity County, Texas
CONTINENTAL LAND OWNERS ASSOCIATION, INC., has applied for a renewal of
TPDES Permit No. 12591-001, which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 100,000 gallons per day.
The facility is located approximately 250 feet north of Atascocita Road and
300 feet northeast of the crossing of Williams Gully by Atascocita Road in
Harris County, Texas
EXIDE TECHNOLOGIES, which operates a secondary lead smelter facility, including
removal and recycling of lead bearing materials (primarily spent lead-acid
batteries), has applied for a renewal of TPDES Permit No. 02964, which authorizes
the discharge of treated storm water runoff at a daily average flow not to
exceed 360,000 gallons per day via Outfall 001. The facility is located at
7471 South Fifth Street in the City of Frisco, Collin County, Texas
FEDERATED METALS CORPORATION, which operates a facility that casts and
fabricates lead products from smelted raw materials and that stores nonferrous
metal products, has applied for a renewal with minor amendment of TPDES Permit
No. 03251, which authorizes the discharge of storm water associated with industrial
activities at a daily maximum flow not to exceed 324,000 gallons per day via
Outfall 001 and the discharge of storm water on an intermittent and flow-variable
basis via Outfall 002. The applicant is requesting a minor amendment to remove
authorization to discharge via Outfall 002. The facility is located at 9200
Market Street approximately one-half mile south of the intersection of Interstate
Highway 10 and Interstate Highway 610, in the City of Houston, Harris County,
Texas
FORRESTON SEWER SERVICE & WATER SUPPLY CORPORATION, has applied for
a renewal of TNRCC Permit No. 11103-001, which authorizes the discharge of
treated domestic wastewater at a daily average flow not to exceed 40,000 gallons
per day. The facility is located approximately 1/4 mile east of crossing of
U.S. Highway 77 on Main Street in the City of Forreston in Ellis County, Texas
HARRIS COUNTY FRESH WATER SUPPLY DISTRICT NO. 6 has applied for a renewal
of TPDES Permit No. 10184-001, which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 400,000 gallons per day.
The facility is located at the intersection of DeZavalla Road and Elsbeth
Road in the City of Channelview in Harris County, Texas
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 249 has applied for a major
amendment to TPDES Permit No. 13765-001 to authorize an increase in the discharge
of treated domestic wastewater from a daily average flow not to exceed 600,000
gallons per day to a daily average flow not to exceed 800,000 gallons per
day. The facility is located approximately 1,500 feet south-southwest of the
confluence of Wunsche Gully and Lemm Gully, approximately 3,000 feet east
of Interstate Highway 45 and approximately 3,800 feet west of the Hardy Toll
Road in the northern portion in Harris County, Texas
THE HARRIS COUNTY WATER CONTROL & IMPROVEMENT DISTRICT (W.C.I.D.) NO.
50 has applied for a renewal of TPDES Permit No. 10243-001, which authorizes
the discharge of treated domestic wastewater at a daily average flow not to
exceed 540,000 gallons per day. The facility is located at 1122 Cedar Lane,
northeast of the intersection of Cedar Lane and Hickory Ridge Drive, one mile
northwest of the intersection of State Highway 146 (Bayport Boulevard) and
State Highway-NASA 1 (NASA Boulevard) in Harris County, Texas
HARRIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 89 has applied
for a renewal of TPDES Permit No. 12939-001, 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 Fellows Road, approximately
3,600 feet west of the intersection of Fellows Road and Farm-to-Market Road
518 (Cullen Boulevard) in Harris County, Texas
HOUSTON MARINE SERVICES, INC., which operates a liquid bulk storage and
barge service facility, has applied for a renewal of TPDES Permit No. 03615,
which authorizes the discharge of storm water on an intermittent and flow
variable basis via Outfall 001. The facility is located on the east side of
State Highway 87, approximately 2000 feet south of the Intracoastal Waterway
Bridge, in the City of Port Arthur, Jefferson County, Texas
LA JOYA INDEPENDENT SCHOOL DISTRICT has applied for a new permit, Proposed
Permit No. 13523-007, to authorize the disposal of treated domestic wastewater
at a daily average flow not to exceed 12,570 gallons per day via subsurface
low pressure dosed nonpublic access drainfields with a minimum area of 67,650
square feet. The proposed permit authorizes the disposal of treated domestic
wastewater at a daily average flow not to exceed 12,570 gallons per day via
subsurface low pressure dosed nonpublic access drainfields with a minimum
area of 125,700 square feet. This permit will not authorize a discharge of
pollutants into waters in the State. The facility and disposal site will be
located approximately 0.7 mile north of the intersection of Farm-to-Market
Road 2221 and La Homa Road, east of La Homa Road in Hidalgo County, Texas
LA JOYA INDEPENDENT SCHOOL DISTRICT (ELEMENTARY SCHOOL NO. 17) has applied
to the Texas Commission on Environmental Quality (TCEQ) for a new permit,
Proposed Permit No. 13523-008, to authorize the disposal of treated domestic
wastewater at a daily average flow not to exceed 12,570 gallons per day via
subsurface low pressure dosed nonpublic access drainfields with a minimum
area of 67,650 square feet. The proposed permit authorizes the disposal of
treated domestic wastewater at a daily average flow not to exceed 12,570 gallons
per day via subsurface low pressure dosed nonpublic access drainfields with
a minimum area of 125,700 square feet. This permit will not authorize a discharge
of pollutants into waters in the State. The facility and disposal site will
be located on the west side of Farm-to-Market Road 1427, approximately 1,425
feet north of the intersection of Farm-to-Market Road 1427 and U.S. Highway
83 in Hidalgo County, Texas
MAGNOLIA INDEPENDENT SCHOOL DISTRICT has applied for a renewal of TPDES
Permit No. 12703-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 48,000 gallons per day. The facility
is located on the east side of Farm- to-Market Road 2978 at a point approximately
1.1 miles south of the intersection of Farm-to-Market Roads 1488 and 2978
in Montgomery County, Texas
PINEWOOD COMMUNITY LIMITED PARTNERSHIP has applied for a renewal of TPDES
Permit No. 12643-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 100,000 gallons per day. The facility
is located at 9601 Dowdell Road, approximately 1/4 mile northeast from the
intersection of Dowdell Road with Farm-to-Market Road 2920 in Harris County,
Texas.
RIO GRANDE VALLEY SUGAR GROWERS INC., which operates a raw sugar and molasses
production facility, has applied for a minor amendment of TPDES Permit No.
01752 to remove irrigation authorization requirements. The existing permit
authorizes the discharge of intermittent process wastewater, domestic wastewater,
and storm water at a daily average flow not to exceed 289,000 gallons per
day via Outfall 001; and the disposal of partially treated wastewater via
irrigation over approximately 1,698 acres of land at an application rate not
to exceed 4.0 acre- feet/acre/year. The facility is located three miles west
of the community of Santa Rosa on State Highway 107, Hidalgo County, Texas
SETH WARD WATER SUPPLY CORPORATION has applied for a new permit, Proposed
Permit No. 14393-001, to authorize the disposal of treated domestic wastewater
at a daily average flow not to exceed 300,000 gallons per day via surface
irrigation of 105 acres of nonpublic access agricultural land. This permit
will not authorize a discharge of pollutants into waters in the State. The
facility and disposal site will be located approximately 0.8 mile north and
1.25 miles east of the intersection of U.S. Highway 87 and Farm-to-Market
Road 1767 in Hale County, Texas
SPRING CENTER, Inc. has applied for a renewal of TPDES Permit No. 12637-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 6,000 gallons per day. The facility is located approximately
1 1/2 miles north of the City of Spring at 22820 Interstate Highway 45 North
in Harris County, Texas
TPI PETROLEUM has applied for a new permit, Proposed Permit No. 14417-001,
to authorize the disposal of treated domestic wastewater at a daily average
flow not to exceed 17,400 gallons per day via surface irrigation of 5 acres
of restricted access land. The facility and disposal site are located on the
northwest corner of the intersection of Farm-to-Market Road 2393 and U.S.
Highway 287 in Clay County, Texas.
TENASKA III TEXAS PARTNERS, which operates the Paris Cogen Facility, a
cogeneration power plant, has applied for a renewal of TPDES Permit No. 03021,
which authorizes the discharge of cooling tower blowdown commingled with metal
cleaning waste, low volume waste, and storm water runoff at a daily average
flow not to exceed 375,000 gallons per day via Outfall 001; and storm water
runoff on an intermittent and flow variable basis via Outfall 002. The facility
is located 0.1 miles west of U.S. Highway 271 and 0.5 miles north of the intersection
of U.S. Highway 271 and U.S. Highway 82, north of the City of Paris, Lamar
County, Texas
TRINITY BAY CONSERVATION DISTRICT has applied for a renewal of TPDES Permit
No. 11537-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 100,000 gallons per day. The facility
is located approximately 470 feet north of Eagle Road, approximately 570 feet
east of the West Bayshore Road in Oak Island in Chambers County, Texas
WEST TEXAS UTILITIES, which operates the Oklaunion Power Station, a coal
fired steam electric power generating facility, has applied for a renewal
of TPDES Permit No. 02574, which authorizes the discharge of coal pile runoff
and plant area storm water runoff on an intermittent and flow variable basis
via Outfall 001; and the disposal of miscellaneous wastewaters via evaporation.
The facility is located approximately three miles south-southeast of the intersection
of Farm-to- Market Road 433 and Farm-to-Market Road 3430 near the town of
Oklaunion, Wilbarger County, Texas
TRD-200304043
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 1, 2003
Notice mailed June 25, 2003.
APPLICATION NO. 5431A; K & M Andrews Inc., 815 Trail Ridge Circle,
Seagoville, Texas, 75159, has applied to the Texas Commission on Environmental
Quality (TCEQ) for an Amendment to a Water Use Permit pursuant to Texas Water
Code (TWC) 11.122, and Texas Commission on Environmental Quality Rules 30
Texas Administrative Code (TAC) 295.1, et seq. Water Use Permit No. 5431 authorizes
the owner to divert not to exceed 80 acre-feet of water per annum from Bois
D' Arc, tributary of the Trinity River, Trinity River Basin, Kaufman County,
from a diversion point located at Latitude 32.394 N, Longitude 96.374 W, the
same being N 22 E, 750 feet from the southwest corner of the Marie D. Soto
Survey, Abstract No. 455, with a maximum diversion rate of 0.67 cfs (300 gpm)
for agricultural purposes to irrigate 80.00 acres out of a total of 143.00
acres of land in the above survey. A special condition states that the permit
shall become null and void on December 31, 2002, unless prior to such date
the permitee applies for an extension hereof and such application is subsequently
granted. Applicant seeks authorization to amend Water Use Permit No. 5431
to extend the term of the appropriation and add an existing reservoir on Bois
D' Arc Creek for agricultural purposes (irrigation). The centerline of the
dam is located at the same location as the current diversion point referenced
above and has a capacity of 1.5 acre-feet and a surface area of 0.5 acre.
No changes are requested to the amount of water the owner is allocated, rate
of diversion, or number of acres to be irrigated. The application was received
on December 27, 2002. Additional information was received on March 13, 2003
and May 2, 2003. The application was declared it to be administratively complete
and filed with the Office of the Chief Clerk on May 12, 2003. Written public
comments and requests for a public meeting should be received in 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.
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 TCEQ 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
TCEQ 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, TCEQ, 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 TCEQ can be found at our web site at www.tceq.state.tx.us.
TRD-200304045
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 1, 2003
The State Office of Administrative Hearings issued a Proposal for Decision
and Order to the Texas Commission on Environmental Quality on June 30, 2003
Executive Director of the Texas Commission on Environmental Quality, Petitioner
v. Vijay Jain dba Island Food Mart; SOAH Docket No. 582-03-1072; TCEQ Docket
No. 2000-1397-PST-E. In the matter to be considered by the Texas Commission
on Environmental Quality on a date and time to be determined by the Chief
Clerk's Office in Room 201S of Building E, 12118 N. Interstate 35, Austin,
Texas. This posting is Notice of Opportunity to Comment on the Proposal for
Decision and Order. The comment period will end 30 days from date of publication.
Written public comments should be submitted to the Office of the Chief Clerk,
MC-105 TCEQ P.O. Box 13087 Austin, Texas 78711-3087. If you have any questions
or need assistance, please contact Doug Kitts, Chief Clerk's Office, (512)
239-3317.
TRD-200304044
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 1, 2003
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
August 4, 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 August 4, 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: Atofina Petrochemicals, Inc.; DOCKET NUMBER: 2003-0119-AIR-E;
IDENTIFIER: Air Account Number JE-0005-H, Regulated Entity Number 102457520,
Voluntary Emission Reduction Program (VERP) Permit Number 49136; LOCATION:
Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: petroleum refinery;
RULE VIOLATED: 30 TAC §116.115(c), VERP Permit Number 49136, and THSC, §382.085(b),
by failing to properly sample the Hudson and ALKY cooling towers for volatile
organic compounds (VOCs); PENALTY: $6,048; ENFORCEMENT COORDINATOR: Laura
Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas
77703-1892, (409) 898-3838.
(2) COMPANY: Azaan Enterprises, Inc. dba Parkview Citgo; DOCKET NUMBER:
2002-1188- PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification
Number 0069485; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY:
convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.48(c),
by failing to conduct inventory control and reconciliation for a underground
storage tank (UST) system; 30 TAC §334.50(b)(1)(A) and (d)(4)(A)(i) and
the Code, §26.3475(c)(1), by failing to conduct inventory control and
reconciliation in conjunction with automatic tank gauging, and 30 TAC §334.7(e)(2),
by failing to accurately complete the UST registration; PENALTY: $7,272; ENFORCEMENT
COORDINATOR: Catherine Sherman, (713) 767-3500; REGIONAL OFFICE: 5425 Polk
Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(3) COMPANY: Darin Bare dba Bigger and Better Septic Tanks; DOCKET NUMBER:
2003- 0274-OSI-E; IDENTIFIER: On-Site Sewage Facilities Installer License
Number OS8258; LOCATION: Earth, Lamb County, Texas; TYPE OF FACILITY: on-site
sewage; RULE VIOLATED: 30 TAC §285.3(b)(1) and THSC, §366.004 and §366.051(c),
by failing to obtain an authorization prior to beginning construction; PENALTY:
$200; ENFORCEMENT COORDINATOR: Jill Reed, (915) 570-1359; REGIONAL OFFICE:
4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.
(4) COMPANY: Compass Operating, L.L.C.; DOCKET NUMBER: 2001-0793-AIR-E;
IDENTIFIER: Air Account Number KA-0022-L; LOCATION: Panna Maria, Karnes County,
Texas; TYPE OF FACILITY: natural gas treatment and compression plant; RULE
VIOLATED: 30 TAC §122.145(2) and THSC, §382.085(b), by failing to
submit a deviation report; and 30 TAC §122.146(1) and THSC, §382.085(b),
by failing to submit annual compliance certifications; PENALTY: $6,000; ENFORCEMENT
COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 14250 Judson Road,
San Antonio, Texas 78233-4480, (210) 490-3096.
(5) COMPANY: City of Crowell; DOCKET NUMBER: 2003-0140-PWS-E; IDENTIFIER:
Public Water Supply (PWS) Number 0780001; LOCATION: Crowell, Foard County,
Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(b)(2),
(c)(2)(F), (f)(3), and (g)(4), and §290.122(b) and (c), and THSC, §341.031(a),
by exceeding the maximum contaminant level (MCL) for total coliform bacteria,
failing to provide public notification of the MCL exceedance, failing to collect
and submit additional routine bacteriological samples, and failing to provide
public notification of the failure to collect and submit the additional routine
bacteriological samples; PENALTY: $1,400; ENFORCEMENT COORDINATOR: Elvia Maske,
(512) 239-0789; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas
79602-7833, (915) 698-9674.
(6) COMPANY: Drilling Specialties Company LLC dba DSC Drilling Specialties
Company, LLC; DOCKET NUMBER: 2003-0050-AIR-E; IDENTIFIER: Air Account Number
MQ-0023-L; LOCATION: Conroe, Montgomery County, Texas; TYPE OF FACILITY: drilling
mud additives manufacturing; RULE VIOLATED: 30 TAC §116.115(c), Air Permit
Number 8879A, and THSC, §382.085(b), by failing to operate Boiler 2 properly;
PENALTY: $6,350; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713)
767-3500.
(7) COMPANY: FFP Operating Partners, L.P. dba Hitching Post FFP 575; DOCKET
NUMBER: 2002-1355-PST-E; IDENTIFIER: PST Facility Identification Number 0018564;
LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: convenience
store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.242(3)(I)
and THSC, §382.085(b), by failing to properly maintain the Stage II vapor
recovery system (VRS); PENALTY: $2,425; ENFORCEMENT COORDINATOR: Jorge Ibarra,
(817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951,
(817) 588-5800.
(8) COMPANY: Firestone Polymers, L.L.C.; DOCKET NUMBER: 2003-0251-AIR-E;
IDENTIFIER: Air Account Number OC-0010-U and Regulated Entity Number 100224468;
LOCATION: Orange, Orange County, Texas; TYPE OF FACILITY: synthetic rubber
manufacturing; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 292,
and THSC, §382.085(b), by failing to perform monthly monitoring of the
VOC concentrations; and 30 TAC §113.260 and 40 Code of Federal Regulations §63.502(n),
by failing to properly monitor the cooling tower; PENALTY: $8,288; ENFORCEMENT
COORDINATOR: John Barry, (409) 898- 3838; REGIONAL OFFICE: 3870 Eastex Freeway,
Beaumont, Texas 77703-1892, (409) 898-3838.
(9) COMPANY: Lilbert-Looneyville Water Supply Corporation; DOCKET NUMBER:
2003- 0183-PWS-E; IDENTIFIER: PWS Number 1740013; LOCATION: near Lilbert,
Nacogdoches County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED:
30 TAC §290.109(c)(2)(F), (3)(A), and (f)(3), and THSC, §341.033(d),
by failing to collect and submit routine water samples for bacteriological
analysis, failing to collect and submit additional routine samples for bacteriological
analysis, failing to collect and submit repeat samples for bacteriological
analysis, and exceeding the MCL for total coliform; and 30 TAC §290.122(c),
by failing to provide public notice related to its failure to collect and
submit samples for bacteriological analysis; PENALTY: $2,430; ENFORCEMENT
COORDINATOR: Shawn Stewart, (512) 239-6684; REGIONAL OFFICE: 3870 Eastex Freeway,
Beaumont, Texas 77703-1892, (409) 898-3838.
(10) COMPANY: Mahnoor, Inc. dba Sealy Chevron; DOCKET NUMBER: 2002-1345-PST-E;
IDENTIFIER: PST Facility Identification Number 0028570; LOCATION: Sealy, Austin
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(c)(1),
by failing to monitor UST for releases; PENALTY: $1,500; ENFORCEMENT COORDINATOR:
Catherine Sherman, (713) 767- 3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite
H, Houston, Texas 77023-1486, (713) 767- 3500.
(11) COMPANY: Midland Farmers Cooperative; DOCKET NUMBER: 2003-0260-PST-E;
IDENTIFIER: PST Facility Identification Number 0002312; LOCATION: Midland,
Midland County, Texas; TYPE OF FACILITY: farm cooperative with retail sales
of agricultural supplies; RULE VIOLATED: 30 TAC §334.49(a)(4) and the
Code, §26.3475(d), by failing to provide corrosion protection for the
UST system; 30 TAC §334.10(b)(1)(A), by failing to develop and maintain
all required records; and 30 TAC §334.8(c)(5)(B)(i) and the Code, §26.346(a),
by failing to ensure that a renewal application for a delivery certificate
was filed properly and in a timely manner; PENALTY: $2,340; ENFORCEMENT COORDINATOR:
Jill Reed, (915) 570-1359; REGIONAL OFFICE: 3300 North A Street, Building
4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.
(12) COMPANY: Willard A. Price; DOCKET NUMBER: 2003-0326-MLM-E; IDENTIFIER:
Air Account Number SC-0013-P and Regulated Entity Number 102168309; LOCATION:
near Montague, San Jacinto County, Texas; TYPE OF FACILITY: private residence;
RULE VIOLATED: 30 TAC §111.201 and THSC, §382.085(b), by conducting
the unauthorized outdoor burning of municipal solid waste (MSW), including
plastics, carpet, carpet padding, insulated wire, and mobile home siding;
and 30 TAC §330.5(a)(2), by conducting the unauthorized disposal of MSW;
PENALTY: $1,440; ENFORCEMENT COORDINATOR: Laura Clark, (409) 898-3838; REGIONAL
OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(13) COMPANY: Dennis G. Permenter dba Specialty Fabricators and Tyson Foods,
Inc.; DOCKET NUMBER: 2003-0288-IHW-E; IDENTIFIER: Regulated Entity Number
102821287; LOCATION: near Center, Shelby County, Texas; TYPE OF FACILITY:
structural metal fabrication; RULE VIOLATED: 30 TAC §335.2(b), by allegedly
allowing the unauthorized disposal of industrial solid waste; PENALTY: $720;
ENFORCEMENT COORDINATOR: Laura Clark, (409) 898-3838; REGIONAL OFFICE: 3870
Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898- 3838.
(14) COMPANY: S.K. Associates, Inc. dba Sunrise Super Stop No. 3; DOCKET
NUMBER: 2003-0147-PST-E; IDENTIFIER: PST Facility Identification Number 0035210;
LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: gas station; RULE
VIOLATED: 30 TAC §115.245(2) and THSC, §382.085(b), by failing to
conduct an annual pressure decay test on the Stage II VRS; PENALTY: $1,050;
ENFORCEMENT COORDINATOR: Kimberly McGuire, (713) 767-3500; REGIONAL OFFICE:
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(15) COMPANY: Tecon Water Company, L.P. dba Decker Hills Water System,
Decker Hills Wastewater Treatment Facility (WWTF), Champions Glen Wastewater
Treatment Facility; DOCKET NUMBER: 2002-0926-MLM-E; IDENTIFIER: PWS Number
1700386, Certificate of Convenience and Necessity Number 12983, Texas Pollutant
Discharge Elimination System (TPDES) Permit Number 12587-001 and 11968-001;
LOCATION: near Magnolia, Montgomery County, Texas; TYPE OF FACILITY: public
water supply and wastewater treatment; RULE VIOLATED: 30 TAC §290.45(b)(1)(D)(iv)
and THSC, §341.0315(c), by failing to provide the minimum pressure tank
capacity of 20 gallons per connection; 30 TAC §291.93(3), by failing
to provide a written planning report; 30 TAC §305.125(1), (4), and (5),
TPDES Permit Numbers 12587-001 and 11968-001, and the Code, §26.121(a),
by failing to maintain compliance with permitted effluent limits and operate
and maintain the collection system at the Decker Hills and Champions Glen
WWTF, failing to maintain the Decker Hills and Champions Glen WWTF by not
preventing and/or repairing rusted areas throughout the treatment plant, and
failing to prevent the discharges and accumulations of sludge in the receiving
stream at the Champions Glen WWTF; and 30 TAC §317.3(e)(5), by failing
to provide an alarm system at the lift station of the Champions Glen WWTP;
PENALTY: $66,944; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713)
767-3500.
(16) COMPANY: Terra Southwest, Inc. dba East Ponder Estates; DOCKET NUMBER:
2002- 1092-PWS-E; IDENTIFIER: PWS Number 061061; LOCATION: near Ponder, Denton
County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.110(b)(4),
by failing to maintain a residual disinfectant concentration of 0.2 milligrams
per liter; and 30 TAC §290.46(g) and (q)(1), by failing to disinfect
the pump station water line after repairs, and failing to issue a boil water
notice; PENALTY: $975; ENFORCEMENT COORDINATOR: Wendy Cooper, (817) 588-5800;
REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(17) COMPANY: Ullah Brothers, Incorporated dba Five Points Quick Stop;
DOCKET NUMBER: 2002-1201-PST-E; IDENTIFIER: PST Facility Identification Number
24161; LOCATION: Mathis, San Patricio County, Texas; TYPE OF FACILITY: gasoline
dispensing station; RULE VIOLATED: 30 TAC §334.48(c) and §334.50(a)(1)(A)
and (d)(1)(B)(iii)(I), by failing to record daily readings of the automatic
tank gauge, conduct inventory volume measurements, and to reconcile inventory
control records on a monthly basis and failing to have adequate release detection
for all USTs; PENALTY: $6,400; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512)
239-2134; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas
78412- 5503, (361) 825-3100.
(18) COMPANY: Marvin and Betty Whitehead dba Whitehead Utilities Co., Inc.;
DOCKET NUMBER: 2002-1203-IHW-E; IDENTIFIER: Solid Waste Registration Number
F0980; LOCATION: Buna, Jasper County, Texas; TYPE OF FACILITY: refinery; RULE
VIOLATED: 30 TAC §328.60(a) and §330.5(a)(2), by failing to obtain
a scrap tire storage site registration and avoid creating a nuisance; 30 TAC §335.8,
by failing to properly perform closure and remediation; and 30 TAC §334.21,
by failing to pay the UST fees; PENALTY: $5,250; ENFORCEMENT COORDINATOR:
John Barry, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont,
Texas 77703-1892, (409) 898-3838.
TRD-200304027
Paul Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: July 1, 2003
In accordance with 30 TAC §335.349(b)(2), the executive director of
the Texas Commission on Environmental Quality (TCEQ or commission) is issuing
this public notice of a significant change in the remedial design for the
Texas American Oil state Superfund site. Section 335.349(b)(2) concerns requirements
for significant changes that affect the scope, performance, or cost of the
proposed remedial action, after the initial public meeting to discuss the
remedial action for the site. This rule requires the executive director to
notify the potentially responsible parties (PRPs) by certified mail of the
significant change and to issue a public notice in the
Texas Register
and in a newspaper of general circulation in the county
in which the facility is located. Section 335.349(b)(2) also requires this
public notice to provide information regarding the significant changes in
the proposed remedial action. A copy of this notice was also published on
July 10, 2003, in the
Midlothian Mirror
.
The Texas American Oil state Superfund site is located approximately three
miles north of Midlothian, Ellis County, Texas, just west of Highway 67. The
site covers eight acres and the land use near the site is primarily rural.
Old Highway 67 borders the eastern site boundary. The site was a former waste
oil recycling facility and was contaminated with polychlorinated biphenyls
(PCBs), chloroform, and lead. A public meeting was held on July 31, 2000,
to receive comments on the proposed remedial action, which at the time consisted
of in-situ stabilization and a containment cap. An administrative order (Docket
Number 2000-1224 -SPF) proposed that the remedial action consist of containment
with in-situ stabilization. The remedy included excavation and transportation
for off-site disposal of a small volume of soil having PCB concentrations
of more than 100 mg/kg. The remedy also included installation of a cap system
over the former waste pit area to minimize infiltration.
Due to unanticipated technical delays, the TCEQ is implementing a change
which would affect the scope, performance, or cost of the originally proposed
remedial action. The original remedy anticipated the use of in-situ stabilization
and off-site disposal only of hazardous soils contaminated with PCBs. The
treatability study, conducted on-site, has shown that soils contaminated with
lead cannot be cost-effectively stabilized on-site to meet the treatment standards
necessary to protect the existing groundwater on the site. However, these
soils can be treated to meet the treatment standards necessary for off-site
disposal as Class I or Class II non-hazardous waste. The change in the remedial
design includes a significant volume increase in soils being disposed off-site
and an elimination of the proposed cap system over the former waste pit area.
Since this remedy change calls for off-site disposal, this change is as protective
as that originally proposed.
For further information, please contact Mr. Alvie Nichols, Project Manager,
TCEQ Remediation Division, at (512) 239-2439 or Ms. Courtney Hill, TCEQ Litigation
Division, at (512) 239-2436.
TRD-200304025
Paul Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: July 1, 2003
Notice of Approval of Coastal Boundary Survey
Pursuant to §33.136 of the Natural Resources Code, notice is hereby
given that Jerry Patterson, Commissioner of the General Land Office, accepted
for filing as Cameron County Art. 33.136 Sketch No. 3, a coastal boundary
survey, submitted by Harry M. Warren, a Licensed State Land Surveyor, conducted
in March 2003, locating the following shoreline boundary:
The Laguna Madre boundary of Lot 1, Block 123, Padre Beach Section I, Town
of South Padre Island, Cameron County, Texas.
Filing a survey pursuant to §33.136, Texas Natural Resources Code,
fixes the littoral boundary as shown thereon, except that the boundary is
subject to landward movement occasioned by erosion in the future. The survey
does not constitute a boundary agreement between the state and a private owner,
however the private owner is barred from claiming accretion seaward of the
line shown on the plat.
For a copy of this survey contact Archives & Records, Texas General
Land Office at 512-463-5277.
TRD-200304057
Larry L. Laine
Chief Clerk, Deputy Land Commissioner
General Land Office
Filed: July 2, 2003
Request for Grant Applications (RFA) for Crime Stoppers Assistance Fund Program
The Criminal Justice Division (CJD) of the Governor's Office is soliciting
applications for local projects under state fiscal year 2004 for the Crime
Stoppers Assistance Fund Program.
Purpose: The purpose of the program is to provide funds to enhance and
assist the community's efforts in solving serious crimes.
Available Funding: State funding is authorized for these projects under
the Texas Code of Criminal Procedure, Article 102.013, which designates CJD
as the funds administering agency. The source of funding is a biennial appropriation
by the Texas Legislature from funds collected through court costs and fees.
Approximately $150,000 will be made available for local projects.
Standards: Grantees must comply with the applicable grant management standards
adopted under the Texas Administrative Code §3.19, which are hereby adopted
by reference.
Prohibitions: Grantees may not use grant funds for promotional advertisements
of any kind, office space rental, extended equipment service arrangements,
contributions, entertainment or refreshments, purchase or improvement of real
estate, rewards, lobbying, attorney fees, or subscription fees or dues.
Eligible Applicants: Crime Stoppers organizations as defined by §414.001,
Texas Government Code, and certified by the Texas Crime Stoppers Advisory
Council, as follows: (1) a private, nonprofit organization that is operated
on a local or statewide level, that accepts and expends donations for rewards
to persons who report to the organization information about criminal activity
and that forwards the information to the appropriate law enforcement agency;
or (2) a public organization that is operated on a local or statewide level,
that pays rewards to persons who report to the organization information about
criminal activity, and that forwards the information to the appropriate law
enforcement agency.
Project Period: Projects to begin on or after November 1, 2003, unless
exempted by the Executive Director of CJD.
Application Process: Eligible applicants can download an application kit
from the Office of the Governor's web site address at http://www.governor.state.tx.us.
For those applicants that do not have internet access, contact the Office
of the Governor, Criminal Justice Division, P.O. Box 12428, Austin, TX 78711,
telephone (512) 463-1919 for an electronic application kit.
Preferences: Preference will be given to those applicants that can demonstrate
need for technological assistance to improve their ability to receive information
about crimes and fugitives from the general public and to assist in investigation
of the information by law enforcement, including updating and/or improving
24-hour hotline services, upgrading and/or purchasing computer software/hardware,
and other communication services.
Closing Date for Receipt of Applications: All original applications, plus
an additional copy, must be submitted directly to the Governor's Criminal
Justice Division, P.O. Box 12428, Austin, Texas 78711 received or postmarked
on or before August 29, 2003.
Selection Process: Completed applications will be reviewed for eligibility
and cost effectiveness by CJD. The Executive Director of CJD will make all
final funding decisions.
Contact Person: If additional information is needed, contact Betty Bosarge
at CJD at (512) 463-1784.
TRD-200304051
David Zimmerman
General Counsel
Office of the Governor
Filed: July 2, 2003
Request for Comments and Proposals
Section 32.0244 of the Texas Human Resources Code permits a County Commissioner's
Court of a rural county (defined as a county with a population of 100,000
or less) with no more than two nursing homes to request that the Texas Department
of Human Services ("TDHS") contract for additional Medicaid nursing facility
beds in that county. This may be done without regard to the occupancy rate
of available beds in the county.
The Grimes County Commissioners' Court is considering requesting that the
TDHS contract for more Medicaid nursing facility beds in Grimes County. The
Commissioners' Court is soliciting comments from all interested parties on
the appropriateness of such a request. Further, the Commissioners' Court seeks
to determine if qualified entities are interested in submitting proposals
to provide these additional Medicaid nursing facility beds.
Comments and proposals should be submitted to James P. Dixon, Grimes County
Judge, Post Office Box 160, Anderson, Texas 77831 before 5 p.m., CST on July
18, 2003.
TRD-200303967
David Pasket
Grimes County Clerk
Grimes County
Filed: June 27, 2003
Notice of Amendment to the Schedule of Controlled Substances for the Substance Tetrahydrocannabinols in Schedule I
The Acting Administrator of the Drug Enforcement Administration (DEA) issued
a final rule clarifying the listing of tetrahydrocannabinols (THC) in Schedule
I of the Federal Controlled Substances Act (CSA) to include reference to both
natural and synthetic THC.
This action was based on the following:
(1) the October 9, 2001, interpretive rule (66 FR 51530) issued by the
DEA, explained that the listing of THC in Schedule I refers to both natural
and synthetic;
(2) every molecule of THC has identical physical and chemical properties
and produces identical psychoactive effects, whether it was formed in nature
or by laboratory synthesis;
(3) THC is an hallucinogenic substance with a high potential for abuse
and no currently accepted medical use; therefore, there is no basis for distinguishing
natural THC from synthetic THC; and
(4) treating natural THC as a non-controlled substance would provide a
loophole in the law that might be exploited by drug traffickers.
Pursuant to §481.034(g), as amended by the 75th legislature, of the
Texas Controlled Substances Act, Chapter 481, Health and Safety Code, at least
thirty-one days have expired since notice of the above referenced action was
published in the Federal Register, and Eduardo J. Sanchez, M.D., M.P.H., in
his capacity as Commissioner of the Texas Department of Health, ordered on
June 18, 2003, that the listing for tetrahydrocannabinols be amended in Schedule
I of the Texas Controlled Substances Act, to be effective 21 days following
the date of publication of this notice in the
Texas
Register
. Schedule I of said Act is hereby amended to read as follows.
SCHEDULE I
Schedule I consists of:
Schedule I opiates * * *
Schedule I opium derivatives * * *
Schedule I hallucinogenic substances
Unless specifically excepted or unless listed in another schedule, a material,
compound, mixture, or preparation that contains any quantity of the following
hallucinogenic substances or that contains any of the substance's salts, isomers,
and salts of isomers if the existence of the salts, isomers, and salts of
isomers is possible within the specific chemical designation (for the purposes
of this Schedule I hallucinogenic substances section only, the term "isomer"
includes optical, positional, and geometric isomers):
(1) Alpha-ethyltryptamine (some trade or other names: etryptamine; Monase;
alpha- ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole; alpha-ET; AET);
(2) alpha-methyltryptamine (AMT), its isomers, salts, and salts of isomers;
(3) 4-bromo-2,5-dimethoxyamphetamine (some trade or other names: 4-bromo-2,5-
dimethoxy-alpha-methylphenethylamine; 4-bromo-2,5-DMA);
(4) 4-bromo-2,5-dimethoxyphenethylamine (some trade or other names: Nexus;
2C-B; 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha-desmethyl DOB);
(5) 2,5-dimethoxyamphetamine (some trade or other names: 2,5-dimethoxy-alpha-methylphenethylamine;
2,5-DMA);
(6) 2,5-dimethoxy-4-ethylamphetamine (some trade or other names: DOET);
(7) 2,5-dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7), its optical
isomer, salts and salts of isomers;
(8) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DIPT), its isomers, salts,
and salts of isomers;
(9) 5-methoxy-3,4-methylenedioxy-amphetamine;
(10) 4-methoxyamphetamine (some trade or other names: 4-methoxy-alpha-methylphenethylamine;
paramethoxyamphetamine; PMA);
(11) 1-methyl-4-phenyl-1,2,5,6-tetrahydro-pyridine (MPTP);
(12) 4-methyl-2,5-dimethoxyamphetamine (some trade and other names: 4-methyl-2,5-dimethoxy-alpha-methyl-phenethylamine;
"DOM"; and "STP");
(13) 3,4-methylenedioxy-amphetamine;
(14) 3,4-methylenedioxy-methamphetamine (MDMA, MDM);
(15) 3,4-methylenedioxy-N-ethylamphetamine (some trade or other names:
N-ethyl-alpha-methyl-3,4 (methylenedioxy)phenethylamine; N-ethyl MDA; MDE;
MDEA);
(16) 3,4,5-trimethoxy amphetamine;
(17) N-hydroxy-3,4-methylenedioxyamphetamine (Also known as N-hydroxy MDA);
(18) Bufotenine (some trade and other names: 3-(beta-Dimethylaminoethyl)-5-hydroxyindole;
3-(2-dimethylaminoethyl)-5-indolol; N,N-dimethylserotonin; 5-hydroxy- N,N-dimethyltryptamine;
mappine);
(19) Diethyltryptamine (some trade and other names: N,N-Diethyltryptamine;
DET);
(20) Dimethyltryptamine (some trade and other names: DMT);
(21) Ethylamine Analog of Phencyclidine (some trade or other names: N-ethyl-1-phenylcyclohexylamine;
(1-phenylcyclohexyl) ethylamine; N-(1-phenylcyclohexyl)-ethylamine; cyclohexamine;
PCE);
(22) Ibogaine (some trade or other names: 7-Ethyl-6,6-beta, 7,8,9,10,12,13-octhydro-2-methoxy-6,9-methano-5H-pyrido(1',2':1,2)azepino(5,4-b)
indole; taber-nanthe iboga);
(23) Lysergic acid diethylamide;
(24) Marihuana;
(25) Mescaline;
(26) N-ethyl-3-piperidyl benzilate;
(27) N-methyl-3-piperidyl benzilate;
(28) Parahexyl (some trade or other names: 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo(b,d)pyran;
Synhexyl);
(29) Peyote, unless unharvested and growing in its natural state, meaning
all parts of the plant classified botanically as
Lophophora
, whether growing or not, the seeds of the plant, an extract
from a part of the plant, and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant, its seeds, or extracts;
(30) Psilocybin;
(31) Psilocin;
(32) Pyrrolidine analog of phencyclidine (some trade or other names: 1-(1-phenyl-cyclohexyl)-pyrrolidine,
PCPy, PHP);
*(33) Tetrahydrocannabinols - Meaning tetrahydrocannabinols naturally contained
in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents
of the substances contained in the cannabis plant, or in the resinous extractives
of such plant, and/or synthetic substances, derivatives, and their isomers
with similar chemical structure and pharmacological activity to those substances
contained in the plant, such as the following:
1 cis or trans tetrahydrocannabinol, and their optical isomers;
6 cis or trans tetrahydrocannabinol, and their optical isomers;
3,4 cis or trans tetrahydrocannabinol, and its optical isomers;
(Since nomenclature of these substances is not internationally standardized,
compounds of these structures, regardless of numerical designation of atomic
positions covered.);
(34) Thiophene analog of phencyclidine (some trade or other names: 1-(1-(2-thienyl)cyclohexyl)-piperidine;
2-thienyl analog of phencyclidine; TPCP); and
(35) 1-(1-(2-thienyl)cyclohexyl)pyrrolidine (some trade or other names:
TCPy);
Schedule I stimulants * * *
Schedule I depressants * * *
Changes to the schedules are designated by an asterisk (*)
TRD-200304048
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: July 2, 2003
Notice of Public Hearing for the Low Income Home Energy Assistance Program
On or about October 1, 2003, the Texas Department of Housing and Community
Affairs (TDHCA) anticipates receiving federal funds to continue the operation
of certain programs that assist very low-income Texans. While in the process
of deciding how to use Low Income Home Energy Assistance Program (LIHEAP)
funds, the Department now seeks opinions of groups affected by LIHEAP programs
as well as opinions of other interested citizens.
As part of the public information, consultation, and public hearing requirements
for the Low Income Home Energy Assistance Program, the Community Affairs Division
of the Texas Department of Housing and Community Affairs (TDHCA) will conduct
one public hearing. As its primary purpose, the hearing solicits comments
on the proposed use and distribution of federal fiscal year (FFY) 2004 funds
provided under LIHEAP. LIHEAP provides funding for the Weatherization Assistance
Program (WAP) and Comprehensive Energy Assistance Program (CEAP).
The public hearing has been scheduled as follows:
Tuesday, July 22, 2003, 2:00 p.m.
Room #436, TDHCA Headquarters,
507 Sabine St.
Austin, Texas 78701
A representative from TDHCA will explain the planning process and receive
comments from interested citizens and affected groups regarding the proposed
plan. A copy of the Intended Use Report, or Draft Plan, may be obtained, after
July 11, 2003, through TDHCA's web site, http://www.tdhca.state.tx.us/ea.htm
or by contacting the Texas Department of Housing and Community Affairs, Energy
Assistance Section, P.O. Box 13941, Austin, Texas 78711-3941. For questions,
contact the Energy Assistance Section, Community Affairs Division, in Austin,
at (512) 475-1435.
Anyone may submit comments on the intended use of funds in written form
or oral testimony at the public hearing. TDHCA must receive written comments
no later than the close of business at 5:00 p.m. on July 22, 2003. Comments
concerning the Intended Use Report may be submitted via the internet at jtouchet@tdhca.state.tx.us
or by fax (512) 475-3935 or through John Touchet at TDHCA using the postal
service address provided above. If you have any questions regarding the public
hearing process or any of the programs referenced above, please contact the
Energy Assistance Section.
Individuals who require auxiliary aids or services for this meeting should
contact Ms. Gina Esteves at (512) 475-3943 or Relay Texas at 1-800-735-2989
at least two days before the meeting so that appropriate arrangements can
be made.
TRD-200303951
Edwina P. Carrington
Executive Director
Texas Department of Housing and Community Affairs
Filed: June 26, 2003
Insurer Services
Application for admission to the State of Texas by DIVERSIFIED TITLE INSURANCE
COMPANY, as a Title company. The home office is in Long Beach, California.
Any objections must be filed with the Texas Department of Insurance, addressed
to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin,
Texas 78701.
TRD-200304054
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: July 2, 2003
Instant Game Number 377 "Harley-Davidson®"
1.0 Name and Style of Game.
A. The name of Instant Game No. 377 is "HARLEY-DAVIDSON®". The play
style is a "key number match/symbol match".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 377 shall be $5.00 per ticket.
1.2 Definitions in Instant Game No. 377.
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, $5.00,
$10.00, $15.00, $20.00, $25.00, $40.00, $50.00, $100, $500, $1,000, $50,000,
and HARLEY-DAVIDSON® MOTORCYCLE 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:
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:
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 $40.00, $50.00, $100, or $500.
I. High-Tier Prize - A prize of $1,000, $50,000, or Harley-Davidson®
FLSTC Heritage Softail® 1200 Classic motorcycle.
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 twenty-two (22) digit number consisting of the
three (3) digit game number (377), 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: 377-0000001-000.
L. Pack - A pack of "HARLEY-DAVIDSON®" 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 the 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 "HARLEY-DAVIDSON®"
Instant Game No. 377 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 "HARLEY-DAVIDSON®;"
Instant Game is determined once the latex on the ticket is scratched off to
expose forty-four (44) play symbols. In Game 1 and 2, if the player matches
any of the player's YOUR NUMBERS to either LUCKY NUMBER within the same game,
the player will win the prize shown for that number. If the player's YOUR
NUMBERS has a motorcycle symbol and matches either LUCKY NUMBER within the
same game, the player will win a Harley-Davidson®; FLSTC Heritage Softail®
Classic motorcycle 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 forty-four (44) 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 forty-four
(44) 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 forty-four (44) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures.
17. Each of the forty-four (44) 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 within each game.
C. No duplicate non-winning prize symbols within each game.
D. No duplicate Lucky Numbers across the four Lucky Numbers locations.
E. There will be no occurrence of a Your Number in Game 1 matching either
Lucky Numbers in Game 2.
F. There will be no occurrence of a Your Number in Game 2 matching either
Lucky Numbers in Game 1.
G. The Harley-Davidson® motorcycle symbol will appear on intended winning
tickets as dictated by the prize structure.
H. The Harley-Davidson® motorcycle symbol will only appear once on
a ticket.
2.3 Procedure for Claiming Prizes.
A. To claim a "HARLEY-DAVIDSON®" Instant Game cash prize of $5.00,
$10.00, $15.00, $20.00, $40.00, $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 "HARLEY-DAVIDSON®" Instant Game cash prize of $1,000
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 "HARLEY-DAVIDSON®" Instant
Game cash 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. To claim the top non-cash prize of an instant win Harley-Davidson®
FLSTC Softail® Classic motorcycle, the claimant must sign the winning
ticket, thoroughly complete a Winner Claim Form, and present both at any Texas
Lottery Claim Center. If the claim is validated by the Texas Lottery, the
claimant will be directed to an authorized Harley-Davidson® dealership
designated by Harley-Davidson® within thirty (30) business days. The dealership
will be as near the claimant's place of residence as is practicable. Motorcycle
prizes include required federal withholding tax, sales tax, dealer preparation
charges and set-up fees. When awarding the top non-cash prize, the Texas Lottery
shall file the appropriate income reporting form with the Internal Revenue
Service (IRS), and is not responsible for any additional federal, state and/or
local taxes or other fees, which may be required when filing a tax return.
E. Prior to payment by the Texas Lottery of any cash 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
F. 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.
G. If the claimant of an instant win motorcycle prize, or a selected winner
of a Second Chance Drawing motorcycle prize, is identified as owing an outstanding
debt to a state agency or child support collected through a court, the debt
must be satisfied within thirty (30) days before the Texas Lottery will begin
the process of awarding the motorcycle prize. If the debt cannot be satisfied
within thirty (30) days, the prize will be forfeited. In the case of the Second
Chance Drawing motorcycle, an alternate entry will be selected to receive
the motorcycle prize.
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 "HARLEY-DAVIDSON®"
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 "HARLEY-DAVIDSON®" 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 If a person under the age of 21 years is entitled to a non-cash prize
from the "HARLEY-DAVIDSON®" Instant Game, the Texas Lottery shall pay
the cash equivalent of the prize by depositing the amount, less any withholding,
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. The cash equivalent
of the non-cash prize is $27,000.00. 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.
2.8 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 7,105,050
tickets in the Instant Game No. 377. The approximate number and value of prizes
in the game are as follows:
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. 377 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. 377,
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-200304058
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: July 2, 2003
1.0 Name and Style of Game.
A. The name of Instant Game No. 394 is "SUMMER SIZZLER". The play style
is "yours beats theirs".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 394 shall be $1.00 per ticket.
1.2 Definitions in Instant Game No. 394.
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: 80º, 82º,
84º, 85º, 86º, 88º, 89º, 90º, 92º, 94º,
96º, 98º, 99º, 101º, 105º, 110º, 115º,
$1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $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:
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:
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 $1.00, $2.00, $4.00, $5.00, $10.00, or $20.00.
H. Mid-Tier Prize - A prize of $50.00 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 (394), 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: 394-0000001-000.
L. Pack - A pack of "SUMMER SIZZLER" 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 first page, tickets 005 to 009 will
be on the next page and so forth with tickets 245 to 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 "SUMMER
SIZZLER" Instant Game No. 394 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 "SUMMER
SIZZLER" Instant Game is determined once the latex on the ticket is scratched
off to expose 11 (eleven) play symbols. If any of the player's YOUR TEMPERATURES
are greater than the RECORD TEMPERATURE, the player will win the prize indicated.
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 11 (eleven) 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 11 (eleven)
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 11 (eleven) Play Symbols must be exactly one of those described
in Section 1.2.C of these Game Procedures.
17. Each of the 11 (eleven) 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. No duplicate Your Temperatures on a ticket.
B. Consecutive non-winning tickets will not have identical play data, spot
for spot.
C. No duplicate non-winning prize symbols on a ticket.
D. No ties between Your Temperature and the Record Temperature.
2.3 Procedure for Claiming Prizes.
A. To claim a "SUMMER SIZZLER" Instant Game prize of $1.00, $2.00, $4.00,
$5.00, $10.00, $20.00, $50.00, 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 $50.00 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 "SUMMER SIZZLER" 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 "SUMMER SIZZLER" 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 "SUMMER SIZZLER"
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 "SUMMER SIZZLER" Instant Game, the Texas Lottery shall
deposit the amount of the prize in a custodial bank account, with an adult
member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game. Any prize not claimed
within that period, and in the manner specified in these Game Procedures and
on the back of each ticket, shall be forfeited.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game ticket in the space designated therefor, a ticket shall be owned
by the physical possessor of said ticket. When a signature is placed on the
back of the ticket in the space designated therefor, the player whose signature
appears in that area shall be the owner of the ticket and shall be entitled
to any prize attributable thereto. Notwithstanding any name or names submitted
on a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated therefor.
If more than one name appears on the back of the ticket, the Executive Director
will require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 15,356,250
tickets in the Instant Game No. 394. The approximate number and value of prizes
in the game are as follows:
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. 394 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. 394,
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-200304059
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: July 2, 2003
1.0 Name and Style of Game.
A. The name of Instant Game No. 414 is "JUMBO BUCKS". The play style is
a "key symbol/number match".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 414 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 414.
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,
$3.00, $5.00, $10.00, $20.00, $25.00, $100, $500, $25,000, 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:
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:
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 $2.00, $3.00, $5.00, $7.00, $10.00, $15.00,
or $20.00.
H. Mid-Tier Prize - A prize of $25.00, $30.00, $50.00, $75.00, $100, or
$500.
I. High-Tier Prize - A prize of $25,000.
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 twenty-two (22) digit number consisting of the
three (3) digit game number (414), 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: 414-0000001-000.
L. Pack - A pack of "JUMBO BUCKS" Instant Game tickets contain 250 tickets,
which are packed in plastic shrink-wrapping and fanfolded in pages of two
(2). Tickets 000 and 001 will be on the top page. Tickets 002 and 003 will
be on the next page and so forth and ticket 248 and 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 "JUMBO
BUCKS" Instant Game No. 414 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 "JUMBO BUCKS"
Instant Game is determined once the latex on the ticket is scratched off to
expose 22 (twenty-two) play symbols. If the player matches any of YOUR NUMBERS
to either of the two SERIAL NUMBERS, the player will win the prize shown for
that number. If the player gets a JUMBO symbol under YOUR NUMBERS then 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 22 (twenty-two) Play Symbols must appear under the latex overprint
on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath,
and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully
legible;
4. Each of the Play Symbols must be printed in black ink;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must
be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes,
to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered,
unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized
manner;
11. The ticket must not have been stolen, nor appear on any list of omitted
tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket
Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 22 (twenty-two)
Play Symbols under the latex overprint on the front portion of the ticket,
exactly one Serial Number, exactly one Retailer Validation Code, and exactly
one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with
the Texas Lottery's Serial Numbers for winning tickets, and a ticket with
that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective
or printed or produced in error;
16. Each of the 22 (twenty-two) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures.
17. Each of the 22 (twenty-two) Play Symbols on the ticket must be printed
in the Symbol font and must correspond precisely to the artwork on file at
the Texas Lottery; the ticket Serial Numbers must be printed in the Serial
font and must correspond precisely to the artwork on file at the Texas Lottery;
and the Pack-Ticket Number must be printed in the Pack-Ticket Number font
and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot
for spot.
B. No duplicate non-winning Your Number play symbols on a ticket.
C. No more than one (1) pair of duplicate non-winning prize symbols on
a ticket.
D. No duplicate Serial Number symbols on a ticket.
E. The multiplier symbol will never appear more than once on a ticket.
F. The multiplier will appear only on intended winning tickets as dictated
by the prize structure.
2.3 Procedure for Claiming Prizes.
A. To claim a "JUMBO BUCKS" Instant Game prize of $2.00, $3.00, $5.00,
$7.00, $10.00, $15.00, $20.00, $25.00, $30.00, $50.00, $75.00, $100, or $500,
a claimant shall sign the back of the ticket in the space designated on the
ticket and present the winning ticket to any Texas Lottery Retailer. The Texas
Lottery Retailer shall verify the claim and, if valid, and upon presentation
of proper identification, make payment of the amount due the claimant and
physically void the ticket; provided that the Texas Lottery Retailer may,
but is not, in some cases, required to pay a $25.00, $30.00, $50.00, $75.00,
$100, or $500 ticket. In the event the Texas Lottery Retailer cannot verify
the claim, the Texas Lottery Retailer shall provide the claimant with a claim
form and instruct the claimant on how to file a claim with the Texas Lottery.
If the claim is validated by the Texas Lottery, a check shall be forwarded
to the claimant in the amount due. In the event the claim is not validated,
the claim shall be denied and the claimant shall be notified promptly. A claimant
may also claim any of the above prizes under the procedure described in Section
2.3.B and 2.3.C of these Game Procedures.
B. To claim a "JUMBO BUCKS" Instant Game prize of $25,000, 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 "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 "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 "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 10,217,500
tickets in the Instant Game No. 414. The approximate number and value of prizes
in the game are as follows:
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. 414 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. 414,
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-200304060
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: July 2, 2003
Correction of Error
The Texas Department of Mental Health and Mental Retardation proposed an
amendment to 25 TAC §411.309, relating to appointment of manager or management
team, of Chapter 411, Subchapter G, concerning community MHMR centers. The
proposed amendment was published in the July 4, 2003, issue of the
Texas Register
(28 TexReg 5060). Due to errors in the notice, several
corrections are necessary.
The preamble, paragraph two, page 5060 contains errors. As corrected the
paragraph should read as follows.
"The amendment is proposed pursuant to Senate Bill 464 of the 78th Texas
Legislature, which amended the Texas Health and Safety Code (THSC), §534.038,
with respect to the findings that the TDMHMR commissioner is required to make
prior to appointing a manager or management team to operate a community center.
The commissioner is no longer required to find that contract sanctions or
interventions with a center's board of trustees have failed to bring the center
into compliance with the center's plan or contract. The proposed amendment
also reflects the stipulation in Senate Bill 464 that a center's appeal of
an appointment of a manager or management team based on a finding of misuse
of state or federal funds would not stay the appointment. Previously the only
appeal would not stay the appointment was an appeal of an appointment based
on a finding of endangerment or possible endangerment of the life, health,
or safety of a person served by the center."
The preamble, page 5060, paragraph eight, regarding statutory authority,
contains errors. As corrected the paragraph should read as follows.
"The amendment is proposed under the Texas Health and Safety Code, §532.015,
which provides the Texas Board of Mental Health and Mental Retardation (board)
with broad rulemaking authority; and §534.038(d), which requires the
board to adopt a rule prescribing the center's appeal of the commissioner's
decision to appoint a manager or management team."
The preamble, page 5060, paragraph nine, regarding the section or code
affected authority, contains errors. As corrected the paragraph should read
as follows.
"The proposed amendment would affect the Texas Health and Safety Code, §532.015
and §534.038."
In subsection (b) of the proposed rule text, there is a typographical error.
The word "misused" was misspelled in proposed new language, "...misused state
or federal money...."
TRD-200304068
The Texas Department of Mental Health and Mental Retardation published
amendments to Texas Administrative Code, Title 25, §419.709, in the July
4, 2003, issue of the
Texas Register
(28 TexReg
5086). The text of the section contained errors as described below.
In subsections (a) and (b), the phrase "or HCS-O" was inadvertently marked
for deletion.
The errors will be corrected in the adopted version of the rule.
TRD-200304055
Rodolfo Arredondo
Chair, Texas MHMR Board
Texas Department of Mental Health and Mental Retardation
Filed: July 2, 2003
Notice of Consultant Contract Award
Pursuant to the provisions of Government Code, Chapter 2254, the North
Central Texas Council of Governments publishes this notice of consultant contract
award. The consultant proposal request appeared in the September 13, 2002
issue of the
Texas Register
(27 TexReg 8814).
The selected consultant will perform technical and professional work for the
Regional Value Pricing Corridor Evaluation and Feasibility Study.
The consultant selected for this project is URS Corporation,3010 LBJ Freeway,
Suite 1300, Dallas, Texas. The maximum amount of this contract is $124,952.
TRD-200303948
R. Michael Eastland
Executive Director
North Central Texas Council of Governments
Filed: June 26, 2003
Notice of Request for Proposals for Bond Property Insurance
The Texas Public Finance Authority (Authority) is soliciting proposals
for property insurance for a three-year period beginning September 1, 2003,
through August 31, 2006, with two, one-year renewal options.
To obtain a copy of the RFP, please visit the Authority's website: www.tpfa.state.tx.us.
The RFP is located under Contracts/Request for Proposals. A copy of the RFP
is also available on the Electronic State Marketplace at www.marketplace.state.tx.us.
To access the RFP, click on State Procurement-Electronic State Business Daily.
Should you experience difficulty accessing the RFP, please contact Paula Hatfield
at the Authority by phone at 512/463-5544, or by facsimile at 512/463-5501.
Responses to this RFP are due by 5:00PM on August 13, 2003.
TRD-200303952
Kimberly K. Edwards
Executive Director
Texas Public Finance Authority
Filed: June 26, 2003
Notice of Public Hearing
In accordance with provisions contained in The Development of Operational,
Technical and Spectrum Requirements For Meeting Federal, State and Local Public
Safety Agency Communications Requirements For Priority Access Service,
By this notice the Texas Department of Public Safety announces that a meeting
will be held on August 14, 2003, at 9:00 a.m., at the Criminal Law Enforcement
Auditorium, Texas Department of Public Safety Headquarters, 6100 Guadalupe,
Austin, Texas 78752. The purpose of the meeting is to begin the formation
of a coordinated radio interoperability plan for the State of Texas.
All parties having Public Safety interests within Texas are encouraged
to attend. For further information, please contact Robert Pletcher, RF Unit,
Texas Department of Public Safety, 5805 North Lamar Blvd., Austin, Texas 78773-0251,
(512) 424-5307; or by e-mail at Robert.Pletcher@txdps.state.tx.us.
Additional information about 700 MHz National/Regional Planning and related
matters can be found on the Public Safety web site located at: http://www.fcc.gov/wtb/publicsafety/700MHz/.
Persons with disabilities who plan to attend this meeting and who may need
auxiliary aids or services such as interpreters for persons who are deaf or
hearing impaired, readers, large print, Braille, are requested to contact
Robert Pletcher at (512) 424-5307, three work days prior to the meeting so
that appropriate arrangements can be made.
TRD-200304067
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Filed: July 2, 2003
Notice of Application for Amendment to Certificate of Operating Authority
On June 23, 2003, SBC Texas filed an application with the Public Utility
Commission of Texas (commission) to amend its certificate of operating authority
(COA) granted in COA Certificate Number 50005. Applicant intends to expand
its geographic area.
The Application: Application of SBC Texas for an Amendment to its Certificate
of Operating Authority, Docket Number 27994.
Persons wishing to comment on the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
July 16, 2003. Hearing and speech- impaired individuals with text telephones
(TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989.
All comments should reference Docket Number 27994.
TRD-200303949
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 26, 2003
On June 25, 2003, Metro Teleconnect Companies, Inc. filed an application
with the Public Utility Commission of Texas (commission) to amend its service
provider certificate of operating authority (SPCOA) granted in SPCOA Certificate
Number 60490. Applicant intends to remove the resale-only restriction.
The Application: Application of Metro Teleconnect Companies, Inc. for an
Amendment to its Service Provider Certificate of Operating Authority, Docket
Number 28019.
Persons wishing to comment on the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
July 16, 2003. Hearing and speech- impaired individuals with text telephones
(TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989.
All comments should reference Docket Number 28019.
TRD-200303968
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 27, 2003
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) an application on June 26, 2003 for declaratory relief
or, in the alternative, request for waiver.
Docket Title and Number: Application of AEP Texas Central Company and AEP
Texas North Company for Declaratory Relief or, in the Alternative, Request
for Waiver. Docket Number 28027.
The Application: AEP Texas Central Company and AEP Texas North Company
(together referred to as "companies") filed a request for declaratory relief
as to the application of Texas Utilities Code §39.904, and the renewable
energy credit (REC) requirements and penalty provisions of P.U.C. Substantive
Rule §25.173, relating to the commission's renewable energy credit trading
program. The companies assert that they are not subject to the renewable energy
program statute and request that the commission issue a ruling that the companies
are not obligated to meet the REC requirements or the related penalty provisions.
In the alternative, in the event that the commission does not grant the companies'
request for declaratory relief, the companies request that the commission
grant a waiver of the 2002 REC obligations and any associated penalties for
insufficient RECs.
On or before July 25, 2003, persons wishing to comment upon the action
sought should contact the Public Utility Commission of Texas, by mail at P.O.
Box 13326, Austin, Texas, 78711-3326, or by phone 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 or toll free
1-800-735-2989. All comments should reference Docket Number 28027.
TRD-200304016
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 30, 2003
Notice is given to the public of an application filed with the Public Utility
Commission of Texas (commission) on June 27, 2003, for designation as an eligible
telecommunications provider (ETP) and eligible telecommunications carrier
(ETC) pursuant to P.U.C. Substantive Rule §26.417 and §26.418, respectively.
Docket Title and Number: Application of Vantage Systems (Vantage or the
company) for Designation as an Eligible Telecommunications Carrier Pursuant
to P.U.C. Substantive Rule §26.418 and Eligible Telecommunications Provider
Pursuant to P.U.C. Substantive Rule §26.417. Docket Number 28028.
The Application: The company is requesting ETC/ETP designation in order
to be eligible to receive federal and state universal service funding to assist
the company in providing universal service in Texas. Pursuant to 47 U.S.C. §214(e),
the commission, either upon its own motion or upon request, shall designate
qualifying common carriers as ETCs and ETPs for service areas set forth by
the commission. Vantage seeks ETC/ETP designation in all exchanges encompassed
by the Corpus Christi LATA and Brownsville LATA in the service areas of Southwestern
Bell Telephone Company and Verizon. The company holds Service Provider Certificate
of Operating Authority Number 60549.
On or before July 31, 2003, persons wishing to comment on this application
should contact the Public Utility Commission of Texas by mail at P.O. Box
13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free
at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136 or toll-free 1-800-735-298.
All correspondence should refer to Docket Number 28028.
TRD-200304050
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 2, 2003
On June 23, 2003, Tel West Communications, LLC filed an application with
the Public Utility Commission of Texas (commission) to relinquish its service
provider certificate of operating authority (SPCOA) granted in SPCOA Certificate
Number 60491. Applicant intends to relinquish its certificate.
The Application: Application of Tel West Communications, LLC for Relinquishment
of its Service Provider Certificate of Operating Authority, Docket Number
27999.
Persons wishing to comment on the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
July 16, 2003. Hearing and speech- impaired individuals with text telephones
(TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989.
All comments should reference Docket Number 27999.
TRD-200303940
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 25, 2003
On June 24, 2003, ABIA, Inc. filed an application with the Public Utility
Commission of Texas (commission) to relinquish its service provider certificate
of operating authority (SPCOA) granted in SPCOA Certificate Number 60527.
Applicant intends to relinquish its certificate.
The Application: Application of ABIA, Inc. to Relinquish its Service Provider
Certificate of Operating Authority, Docket Number 28004.
Persons wishing to comment on the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
July 16, 2003. Hearing and speech- impaired individuals with text telephones
(TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989.
All comments should reference Docket Number 28004.
TRD-200303969
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 27, 2003
On June 23, 2003, Great West Services, Ltd. filed an application with the
Public Utility Commission of Texas (commission) to relinquish its service
provider certificate of operating authority (SPCOA) granted in SPCOA Certificate
Number 60150. Applicant intends to relinquish its certificate.
The Application: Application of Great West Services, Ltd. for Relinquishment
of its Service Provider Certificate of Operating Authority, Docket Number
27991.
Persons wishing to comment on the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
July 16, 2003. Hearing and speech- impaired individuals with text telephones
(TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989.
All comments should reference Docket Number 27991.
TRD-200303935
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 25, 2003
On June 23, 2003, Tempest Communications Company, LLC filed an application
with the Public Utility Commission of Texas (commission) to relinquish its
service provider certificate of operating authority (SPCOA) granted in SPCOA
Certificate Number 60354. Applicant intends to relinquish its certificate.
The Application: Application of Tempest Communications Company, LLC for
Relinquishment of its Service Provider Certificate of Operating Authority,
Docket Number 27992.
Persons wishing to comment on the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
July 16, 2003. Hearing and speech- impaired individuals with text telephones
(TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989.
All comments should reference Docket Number 27992.
TRD-200303936
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 25, 2003
On June 23, 2003, Southwestern Bell Telephone, LP doing business as SBC
Texas and NTS Communications, Inc., collectively referred to as applicants,
filed a joint application for approval of amendment to an existing interconnection
agreement under §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 2003) (PURA). The joint application has been designated Docket
Number 27995. 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 three 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
27995. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by July 25, 2003, 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 action, 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, or by phone
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 27995.
TRD-200303937
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 25, 2003
On June 27, 2003, Southwestern Bell Telephone, LP doing business as SBC
Texas and Level 3 Communications, LLC, collectively referred to as applicants,
filed a joint application for approval of amendment to an existing interconnection
agreement under §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 2003) (PURA). The joint application has been designated Docket
Number 28034. 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 three 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
28034. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by July 30, 2003, 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 action, 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, or by phone
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 28034.
TRD-200304017
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 30, 2003
On June 27, 2003, Southwestern Bell Telephone, LP doing business as SBC
Texas and Pathwayz Communications, Incorporated, collectively referred to
as applicants, filed a joint application for approval of amendment to an existing
interconnection agreement under §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 2003) (PURA). The joint application has been
designated Docket Number 28035. 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 three 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
28035. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by July 30, 2003, 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 action, 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, or by phone
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 28035.
TRD-200304018
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 30, 2003
On June 27, 2003, Southwestern Bell Telephone, LP doing business as SBC
Texas and Navigator Telecommunications, LLC, collectively referred to as applicants,
filed a joint application for approval of amendment to an existing interconnection
agreement under §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 2003) (PURA). The joint application has been designated Docket
Number 28036. 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 three 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
28036. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by July 30, 2003, 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 action, 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, or by phone
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 28036.
TRD-200304019
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 30, 2003
On June 27, 2003, Southwestern Bell Telephone, LP doing business as SBC
Texas and KMC Telecom, Incorporated, collectively referred to as applicants,
filed a joint application for approval of amendment to an existing interconnection
agreement under §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 2003) (PURA). The joint application has been designated Docket
Number 28037. 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 three 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
28037. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by July 30, 2003, 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 action, 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, or by phone
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 28037.
TRD-200304020
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 30, 2003
On June 27, 2003, Southwestern Bell Telephone, LP doing business as SBC
Texas and KMC Telecom II, Incorporated, collectively referred to as applicants,
filed a joint application for approval of amendment to an existing interconnection
agreement under §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 2003) (PURA). The joint application has been designated Docket
Number 28038. 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 three 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
28038. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by July 30, 2003, 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 action, 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, or by phone
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 28038.
TRD-200304021
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 30, 2003
On June 30, 2003, Southwestern Bell Telephone, LP doing business as SBC
Texas and Level 3 Communications, LLC, collectively referred to as applicants,
filed a joint application for approval of amendment to an existing interconnection
agreement under §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 2003) (PURA). The joint application has been designated Docket
Number 28047. 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 three 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
28047. 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 August 1, 2003, 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 action, 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, or by phone
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 28047.
TRD-200304035
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 1, 2003
On June 30, 2003, Southwestern Bell Telephone, LP doing business as SBC
Texas and Caprock Cellular Limited Partnership, collectively referred to as
applicants, filed a joint application for approval of amendment to an existing
interconnection agreement under §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 2003) (PURA). The joint application has been
designated Docket Number 28048. 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 three 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
28048. 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 August 1, 2003, 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 action, 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, or by phone
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 28048.
TRD-200304036
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 1, 2003
On June 30, 2003, Southwestern Bell Telephone, LP doing business as SBC
Texas and Budget Phone, Incorporated, collectively referred to as applicants,
filed a joint application for approval of amendment to an existing interconnection
agreement under §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 2003) (PURA). The joint application has been designated Docket
Number 28049. 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 three 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
28049. 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 August 1, 2003, 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 action, 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, or by phone
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 28049.
TRD-200304037
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 1, 2003
On June 30, 2003, Southwestern Bell Telephone, LP doing business as SBC
Texas and Extel Enterprises, Incorporated, collectively referred to as applicants,
filed a joint application for approval of amendment to an existing interconnection
agreement under §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 2003) (PURA). The joint application has been designated Docket
Number 28052. 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 three 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
28052. 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 August 1, 2003, 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 action, 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, or by phone
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 28052.
TRD-200304040
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 1, 2003
On June 23, 2003, West Plains Telecommunications, Inc. and WWC Texas RSA
Limited Partnership, collectively referred to as applicants, filed a joint
application for approval of interconnection agreement under §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 2003) (PURA).
The joint application has been designated Docket Number 27997. 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 three 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 27997. As a part of
the comments, an interested person may request that a public hearing be conducted.
The comments, including any request for public hearing, shall be filed by
July 25, 2003, 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 action, 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, or by phone
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 27997.
TRD-200303938
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 25, 2003
On June 23, 2003, Alenco Communications, Inc. and WWC Texas RSA Limited
Partnership, collectively referred to as applicants, filed a joint application
for approval of interconnection agreement under §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 2003) (PURA). The joint application
has been designated Docket Number 27998. 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 three 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 27998. As a part of
the comments, an interested person may request that a public hearing be conducted.
The comments, including any request for public hearing, shall be filed by
July 25, 2003, 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 action, 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, or by phone
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 27998.
TRD-200303939
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 25, 2003
On June 23, 2003, Wes-Tex Telephone Cooperative, Inc. and WWC Texas RSA
Limited Partnership, collectively referred to as applicants, filed a joint
application for approval of interconnection agreement under §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 2003) (PURA).
The joint application has been designated Docket Number 28000. 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 three 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 28000. As a part of
the comments, an interested person may request that a public hearing be conducted.
The comments, including any request for public hearing, shall be filed by
July 25, 2003, 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 action, 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, or by phone
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 28000.
TRD-200303941
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 25, 2003
On June 23, 2003, Peoples Telephone Cooperative, Inc. and WWC Texas RSA
Limited Partnership, collectively referred to as applicants, filed a joint
application for approval of interconnection agreement under §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 2003) (PURA).
The joint application has been designated Docket Number 28001. 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 three 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 28001. As a part of
the comments, an interested person may request that a public hearing be conducted.
The comments, including any request for public hearing, shall be filed by
July 25, 2003, 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 action, 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, or by phone
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 28001.
TRD-200303942
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 25, 2003
On June 23, 2003, Five Area Telephone Cooperative, Inc. and WWC Texas RSA
Limited Partnership, collectively referred to as applicants, filed a joint
application for approval of interconnection agreement under §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 2003) (PURA).
The joint application has been designated Docket Number 28002. 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 three 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 28002. As a part of
the comments, an interested person may request that a public hearing be conducted.
The comments, including any request for public hearing, shall be filed by
July 25, 2003, 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 action, 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, or by phone
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 28002.
TRD-200303943
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 25, 2003
On June 24, 2003, XIT Rural Telephone Cooperative, Inc. and WWC Texas RSA
Limited Partnership, collectively referred to as applicants, filed a joint
application for approval of interconnection agreement under §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 2003) (PURA).
The joint application has been designated Docket Number 28007. 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 three 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 28007. As a part of
the comments, an interested person may request that a public hearing be conducted.
The comments, including any request for public hearing, shall be filed by
July 25, 2003, 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 action, 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, or by phone
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 28007.
TRD-200303944
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 25, 2003
On June 30, 2003, Southwestern Bell Telephone, LP doing business as SBC
Texas and Azle Communications Solutions, LP doing business as Breakthrough
Communications, collectively referred to as applicants, filed a joint application
for approval of interconnection agreement under §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 2003) (PURA). The joint application
has been designated Docket Number 28050. 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 three 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 28050. 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
August 1, 2003, 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 action, 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, or by phone
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 28050.
TRD-200304038
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 1, 2003
On June 30, 2003, Southwestern Bell Telephone, LP doing business as SBC
Texas and Nathan J. Allen, III doing business as Allen Communication Services,
collectively referred to as applicants, filed a joint application for approval
of interconnection agreement under §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 2003) (PURA). The joint application has been
designated Docket Number 28051. 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 three 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 28051. 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
August 1, 2003, 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 action, 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, or by phone
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 28051.
TRD-200304039
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 1, 2003
The Public Utility Commission of Texas (commission) will hold a workshop
regarding amendments to P.U.C. Substantive Rule §25.473, relating to
Non-English Language Requirements, §25.475, relating to Information Disclosures
to Residential and Small Commercial Customers, and §25.476, relating
to Labeling of Electricity with Respect to Fuel Mix and Environmental Impact
on Wednesday, July 16, 2003, at 9:00 a.m. in the Commissioners' Hearing Room,
located on the 7th floor of the William B. Travis Building, 1701 North Congress
Avenue, Austin, Texas 78701. Project Number 27084,
PUC Rulemaking to Revise Customer Protection Rules
, has been established
for this proceeding.
The commission requests that interested parties submit draft rule language
and respond to the following questions prior to the workshop:
1. What amendments should be made to §25.473 regarding the non-English
language requirements so that the rule provides adequate and appropriate protections
for retail customers, while not requiring retail electric providers (REPs)
to incur unnecessary compliance costs? Please provide recommendations for
specific language.
2. What amendments should be made to §25.475 and §25.476 regarding
information disclosures and electricity facts labels so that the rules provide
necessary and useful information to retail customers, while not requiring
REPs to incur unnecessary compliance costs? Please provide recommendations
for specific language.
Responses may be filed by submitting 16 copies to the commission's Filing
Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O.
Box 13326, Austin, Texas 78711-3326, by July 9, 2003. All responses should
reference Project Number 27084. Parties are also asked to send a copy of filed
documents to the project electronic mailing list at CUSTRULE@puc.state.tx.us.
Prior to the workshop the commission will make available in Central Records
under Project Number 27084 an agenda for the format of the workshop. Copies
of the agenda will also be available on the commission's website at www.puc.state.tx.us.
Questions concerning the workshop or this notice should be referred to
Carrie Collier, Analyst-Retail Market Oversight, Electric Division, at (512)
936-7163. Hearing and speech- impaired individuals with text telephones (TTY)
may contact the commission at (512) 936-7136.
TRD-200304010
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 30, 2003
Notice of Intent--Second Access to South Padre Island
Pursuant to 43 TAC §2.43(e)(3), the Texas Department of Transportation
(TxDOT) is issuing this Notice of Intent to advise the public that an Environmental
Impact Statement (EIS) will be prepared for a proposed second access to South
Padre Island in Cameron or Willacy Counties, Texas. The project is being developed
by TxDOT, in cooperation with the Federal Highway Administration (FHWA).
The FHWA, in cooperation with TxDOT, will prepare an environmental impact
statement (EIS) proposing to provide a second access to and from South Padre
Island. Currently, the Queen Isabella Causeway is the only means of vehicular
access to and from the island. The purpose of the proposed project is to provide
an alternate route to and from South Padre. Residents and visitors need increased
vehicular mobility to enhance their health, safety, and security. This need
is heightened during constrained or interrupted traffic flow conditions on
the Queen Isabella Causeway resulting from hurricane evacuations, incidents
involving the bridge, lane closures associated with bridge repairs, and during
peak travel periods such as spring break and the summer vacation season.
The Draft Environmental Impact Statement (DEIS) will evaluate transportation
alternatives including taking no action (the no-build alternative), Transportation
System Management (TSM), ferrying systems, and construction of a second causeway.
The DEIS will include a discussion of the social, economic, and environmental
effects within the project study area consisting of South Padre Island and
the mainland in Cameron and Willacy Counties. Generally, the impacts would
include, but not be limited to, transportation impacts (construction detours,
construction traffic, mobility improvements, and evacuation route improvement),
air and noise impacts from construction equipment and operation of the facility,
water quality impacts from construction area and roadway storm water runoff,
impacts to water of the United States including wetlands from right of way
encroachment, impacts to protected species and habitat from roadway encroachment,
economic impacts from traffic diversion, and impacts to residents and business
based on potential displacements. The alternatives will be analyzed in further
detail during the development of the EIS.
To ensure that the full range of issues related to this proposed action
are addressed and all significant issues identified, comments and suggestions
are invited from all interested parties. A public scoping meeting will be
held on August 5, 2003, at 6 p.m. at the South Padre Island Convention Center.
Large scale maps with environmental and social features will be available
at the meeting, and several preliminary causeway alignment alternatives will
be shown on these maps. The maps and alignments will reflect the results of
a 1998 alternative access study conducted for TxDOT by the Texas Transportation
Institute. This will be the first in a series of meetings to solicit public
comments on the proposed action. In addition, a public hearing will be held.
Public notice will be given about the time and place of the meetings and hearing.
The draft EIS will be available for the public and relevant agencies for comment
before the public hearing.
Letters describing the proposed action and soliciting comments will be
sent to appropriate federal, state, and local agencies, and to private organizations
and citizens who have previously expressed or are known to have interest in
this proposal.
Agency Contact: Comments or questions concerning this proposed action and
the EIS should be directed to Mario Jorge, PE, District Engineer, TxDOT Pharr
District (956) 702-6100.
TRD-200304028
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: July 1, 2003
Pursuant to Title 43, Texas Administrative Code, §2.43(e)(4)(B), the
Texas Turnpike Authority Division (TTA) of the Texas Department of Transportation
(TxDOT) is advising the public of the availability of the approved Draft Environmental
Impact Statement (DEIS) for the construction of State Highway (SH) 45 Southeast,
a new road located southeast of Austin, Texas, in Travis County, Texas. The
limits of proposed SH 45 Southeast would extend from Interstate Highway (IH)
35 on the west to the interchange of SH 130/US 183 on the east.
The proposed project is approximately 7 miles in length and involves the
proposed construction of a six-lane controlled access roadway with directions
of travel separated by a center median. The facility would accommodate future
transportation needs within the proposed right-of-way. Interchanges or grade
separations would be constructed at major thoroughfares and direct connector
ramps would be provided to and from the east at IH 35 and in all directions
at SH 130/US 183. Frontage roads would be constructed only where necessary.
The purpose of the proposed State Highway (SH) 45 Southeast is to enhance
the local, regional, and national transportation systems by providing an efficient
direct connection between IH 35 and SH 130/ US 183 while facilitating multimodal
and intermodal connectivity; facilitating management of traffic congestion
on IH 35, SH 71, and other roadways within the Austin metropolitan area; thus,
improving safety, mobility and accessibility in and around the study area,
and providing the transportation infrastructure necessary to support local
public policies that encourage growth east of IH 35.
The social, economic, and environmental impacts of the proposed project
have been analyzed in the DEIS. A total of ten route alternatives, in addition
to the no-build alternative and alternative transportation modes, were evaluated
in the DEIS for this project. The three primary route alternatives are referred
to as Alternatives 4, 6, and 6M. Primary Route Alternative 4 was identified
as the preferred alternative. The preferred alternative has fewer impacts
to water resources, hazardous materials, and noise sensitive receivers. It
has the least number of potential displacements and the lowest estimated capital
cost.
Copies of the DEIS are available for review at the Buda Public Library,
303 North Main Street, Buda, Texas, 78610; the Texas Department of Transportation,
125 E. 11th Street, Austin, Texas, 78701-2483; and the Austin History Center,
810 Guadalupe, Austin, Texas, 78701. For further information, please contact
Jon Geiselbrecht at (512) 225-1300.
Copies of the DEIS and other information about the project may also be
obtained at the Texas Turnpike Authority Division of the Texas Department
of Transportation located at 125 E. 11th Street, Austin, Texas, 78701-2483.
Printed copies of the DEIS are available for $100.
Comments regarding the DEIS should be submitted to Mr. Geiselbrecht at
the TTA office located at the previously mentioned address. The deadline for
the receipt of comments is 5:00 p.m., August 25, 2003, 45 days following the
publication of the Notice of Availability in the Federal Register.
TRD-200304052
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: July 2, 2003
The airport sponsor listed, through its agent, the Texas Department of
Transportation (TxDOT), intends to engage an aviation professional engineering
firm for services pursuant to the 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 the project
listed:
Airport Sponsor: County of Kimble, Kimble County Airport.
TxDOT CSJ No.:0307JNCTN
Scope: Provide engineering/design services: to construct parallel taxiway
for Runway 17-35 at the Kimble County Airport.
Project Manager: Steve Roth.
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 e-mailed by request
or downloaded from the TxDOT web site, URL address
http://www.dot.state.tx.us./business/avnconsultinfo.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: This is an MS Word form
).
Two completed, unfolded copies of Form 439 (August 2000 version), sent
to the attention of Edie Stimach, must be postmarked by U. S. mail by midnight
July 21, 2003 (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 July 22, 2003; overnight address: TxDOT, Aviation Division,
200 E. Riverside Drive, Austin, Texas, 78704. Hand delivery must be received
by 4:00 p.m. July 22, 2003 (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 questionnaire. Electronic facsimiles
will not be accepted.
E-MAIL DELIVERY OPTION. You may e-mail Form 439 to TxDOT at e-mail address:
AVNRFQ@dot.state.tx.us
E-mails must be received by 4:00 p.m., July 21, 2003. Received times will
be determined by the marked time and date as the e-mail 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 e-mail. Return notification may be delayed by
a day or two, as the forms will be opened and printed at the TxDOT offices.
Before e-mailing 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.
The final engineer selection by the sponsor's duly appointed committee
will be made following the completion of review of request for qualification
statements. The 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 Steve Roth, the project manager, for technical
questions at 1-800-68-PILOT (74568).
TRD-200304029
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: July 1, 2003
Request for Proposals--TAFA Financial Advisor
Request for Qualifications--TAFA Bond Counsel
Texas Commission on Alcohol and Drug Abuse
Texas Building and Procurement Commission
Notice to Bidders
Coastal Coordination Council
Comptroller of Public Accounts
Notice of Request for Qualifications
Office of Consumer Credit Commissioner
Deep East Texas Council of Governments
Texas Education Agency
Texas Commission on Environmental Quality
Notice of District Petition
Notice of Water Quality Applications
Notice of Water Rights Application
Proposal for Decision
Proposed Enforcement Orders
Public Notice of Significant Change in the Remedial Design for the Texas American Oil State Superfund Site
General Land Office
Office of the Governor
Grimes County
Texas Department of Health
Texas Department of Housing and Community Affairs
Texas Department of Insurance
Texas Lottery Commission
Instant Game Number 394 "Summer Sizzler"
Instant Game Number 414 "Jumbo Bucks"
Texas Department of Mental Health and Mental Retardation
Notice of Correction
North Central Texas Council of Governments
Texas Public Finance Authority
Texas Department of Public Safety
Public Utility Commission of Texas
Notice of Application for Amendment to Service Provider Certificate of Operating Authority
Notice of Application for Declaratory Relief, or in the Alternative Request for Waiver
Notice of Application for Designation as an Eligible Telecommunications Provider and Eligible Telecommunications Carrier Pursuant to P.U.C. Substantive Rule §26.417 and §26.418
Notice of Application for Relinquishment of a Service Provider Certificate of Operating Authority
Notice of Application for Relinquishment of a Service Provider Certificate of Operating Authority
Notice of Application for Relinquishment of Its Service Provider Certificate of Operating Authority
Notice of Application for Relinquishment of Its Service Provider of Operating Authority
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Workshop on Amendments to §25.473, Relating to Non-English Language Requirements, §25.475, Relating to Information Disclosures to Residential and Small Commercial Customers, and §25.476, Relating to Labeling of Electricity with Respect to Fuel Mix and Environmental Impact
Texas Department of Transportation
Public Notice--Availability of Draft Environmental Impact Statement
Request for Qualifications for Engineering Services--Aviation Division
Texas Council on Workforce and Economic Competitiveness