Pursuant to the Texas Agriculture Code, §§46.001 - 46.013, relating to the GO TEXAN Partner Program, and 4 Texas Administrative Code §§17.300 - 17.310, the Texas Department of Agriculture (the department) hereby requests proposals for GO TEXAN Partner Program projects for the period of September 1, 2003 through August 31, 2005. The GO TEXAN Partner Program is a dollar-per-dollar matching fund promotion program designed to increase consumer awareness of Texas agricultural products and expand the markets for Texas agricultural products by developing a general promotional campaign for Texas agricultural products and advertising campaigns for specific Texas agricultural products based on project requests submitted by successful applicants. Program and project proposal application information can be obtained by utilizing the department's web site: www.GOTEXAN.org, or by contacting the Funding Coordinator at (512) 463-7731 or (512) 463-8382.

Eligibility . An eligible applicant must be a state or regional organization or board that promotes the marketing and sale of Texas agricultural products and does not stand to profit directly from specific sales of agricultural commodities, a cooperative organization, as defined by 4 Texas Administrative Code §17.301, a state agency or board that promotes the marketing and sale of Texas agricultural products, a small business, as defined by 4 Texas Administrative Code §17.301, or any other entity that promotes the marketing and sale of Texas agricultural products. For purposes of this section, the department has the sole discretion to determine whether an entity meets program eligibility requirements.

Proposal Requirements . To be eligible for participation in the program through the use of matching funds under this program, an applicant must be a member of the GO TEXAN program in good standing, be an eligible applicant under program rules, prepare and submit a project request in accordance with program rules, submit a sworn affidavit certifying that applicant is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171, Tax Code and will notify the department of status change, submit a sworn affidavit disclosing any existing or potential conflict of interest relative to the evaluation of the project plan by the GO TEXAN Partner Program Advisory Board and acknowledge that applicant will notify the department of status change, and submit to the department, within ten business days after receiving written notification of board approval of the project request, cash matching funds as specified in the project request and in accordance with the GO TEXAN Partner Program rules.

Each project request submitted by an eligible applicant must describe the advertising or other market-oriented promotional activities to be carried out using matching funds and must include a cover page including the name, title, and address of applicant; a table of contents; an abstract of approximately 200 words or less, on one page, including the title, if any, a brief description of the project, project plan and methodology, and expected contribution to further or enhance the GO TEXAN Program; a detailed specific narrative or factual description of the project; anticipated benefits to a specific region of the state, to specific commodities; any preliminary market research and sales percent increases to be achieved as a result of the project; a biography of the applicant; a description of the business entity; a detailed project budget including specific dollar amounts for all potential costs; a description of how anticipated sales increases due to implementation of the projects will be quantified and reported to the department and a completed creative blueprint on a form provided by the department. Please send one original with ten additional copies.

All approved projects must be completed by August 31, 2005, or the date specified in the project contract, whichever is earlier. All approved projects will be subject to audit and periodic reporting requirements.

Proposals should be submitted to: Debbie Wall, Funding Coordinator for Marketing and Promotion, Texas Department of Agriculture, 1700 North Congress Avenue, 11th Floor, Austin, Texas 78701. Ms. Wall may be contacted by telephone at (512) 463- 7731 or by fax at (512) 463-7483 for additional information about preparing the proposal. Proposals will be accepted by the department on a continuous basis until all available funds are depleted.

All qualifying proposals will be evaluated by the GO TEXAN Partner Program Advisory Board appointed by the Commissioner of Agriculture. This panel consists of representatives from the following: the Texas Department of Agriculture, radio media, print media, television media, advertising, higher education, United States Department of Agriculture Commodity Credit Corporation (non-voting), Internet website or electronic commerce industry, the field of economic analysis, an agriculture producer representative and a consumer representative. Proposals will be selected for funding on a competitive basis. Preference will be given to project requests that are unique in nature and avoid duplication with other project requests that are being funded by the department. Only project requests that further or enhance the department's GO TEXAN Program and are submitted by applicants who are physically located in Texas or who have their principal place of business in Texas will be funded. The announcement of the grant awards will be made at Advisory Board meetings held at least once quarterly.

TRD-200304267

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Filed: July 14, 2003

Statement of Purpose. Pursuant to the Texas Agriculture Code, Chapter 20, and rules adopted thereunder, the Texas Department of Agriculture (TDA) hereby requests proposals for projects, for the period October 1, 2003 through August 31, 2005, that collect and distribute surplus Texas agricultural products to food banks and other charitable organizations that serve needy or low-income individuals.

Eligibility. Grant proposals will be accepted from non-profit organizations that have a 501 (c) (3) IRS designation. These organizations must be established and operate under religious, charitable or educational purposes and not financial gain. Additionally, these organizations must not distribute any of their income to their members, directors or officers. Organizations must have at least 5 years of experience coordinating a statewide network of food banks and charitable organizations that serve each of the 254 counties of this state.

Funding Limitations. Proposals are limited to $250,000 per year for a total biennial budget of $500,000. Funding is limited to the operation of a program that coordinates the collection and transportation of surplus Texas agricultural products to a statewide network of food banks that provide food to the needy or low-income individuals.

Matching Requirements. There are no matching requirements for this grant program.

Eligible Expenses. Generally, expenses that are necessary and reasonable for proper and efficient performance and administration of a project are eligible; however, these expenses must be properly documented with sufficient backup detail, including copies of paid invoices. Examples of eligible expenditures are:

1. Personnel costs - both salary and benefits;

2. Travel - in-state only and incurred by grant personnel on official grant-related business;

3. Equipment - nonexpendable, tangible personal property having a useful life of more than one year and costs $1,000 or more;

4. Supplies and direct operating expenses - equipment that costs less than $1,000, office supplies, postage, telecommunications, printing, fidelity bond, packaging, collection, transportation, etc.; and

5. Indirect costs - no more than 10%.

Ineligible Expenses. Expenses that are prohibited by state or federal law are ineligible. Examples of these expenditures are:

1. Alcoholic beverages;

2. Entertainment;

3. Contributions - charitable or political;

4. Fundraising;

5. Expenses falling outside of the contract period;

6. Expenses for expenditures not specifically listed in the project budget; and

7. Expenses that are not adequately documented.

Submission Requirements. Each proposal may not exceed six (6) pages and must include the following criteria:

1. Cover sheet with project title, name, title, address, telephone and fax numbers, and email address of the individual designated as the point of contact;

2. Project summary, not to exceed one page;

3. Identification of the key personnel to be involved in the project, including information on their experience;

4. Measurable goals - a description of realistic goals that are measurable and potentially attainable;

5. Evaluation plan - a description of the method(s) to be used to determine the success of the project;

6. Work plan - a description of how the collection and distribution of surplus agriculture products will be accomplished; and

7. Project budget - must be detailed with year 1 and year 2 expenditures and include justification for proposed line item expenditures.

Reporting Requirements. Upon award, the following reports will be required:

1. Narrative reports on a quarterly basis from one to three pages in length detailing accomplishments of project objectives for the time periods specified in the award document;

2. Final compliance narrative report shall be due either upon completion of the project or thirty (30) days after the termination of the grant project, whichever occurs first. The final report shall contain:

(a) A project summary - history of the project, objectives, importance, effort, and results;

(b) Details pertaining to the measured goals and project evaluation;

(c) A description of the successes, challenges, and any limitations; and

(d) A description of future plans - include how the project will continue after the grant is expended and how additional funding may address expansion efforts; and

3. Budget reports on a quarterly basis for the time periods specified in the award document that details the grant award funds spent to date.

General Compliance Information.

1. All grant awards are subject to the availability of appropriations and authorizations by the Texas Legislature.

2. Any information or documentation submitted to TDA is subject to disclosure under the Texas Public Information Act.

3. Awarded grant projects must remain in full compliance or be subject to termination at the discretion of TDA.

4. Upon grant award, TDA shall have access to and the right to examine all books, accounts, records, files and other papers or property belonging to or in use by the grantee and pertaining to the grant award. Additionally, these records must remain available and accessible no less than three (3) years after the termination of the grant project.

5. Audit requirements will be in accordance with the State of Texas Single Audit Circular Section 200. In any year in which a financial audit is conducted, a copy must be submitted to TDA within 30 days upon receipt, including the audit transmittal letter, management letter, and any schedules in which the grantee's funds are included.

6. In accordance with Texas Government Code Ann. 783.007, grant awards shall comply in all respects with the Uniform Grant Management Standards (UGMS). Upon grant award, grantees will be provided a copy or it may be downloaded from www.governor.state.tx.us/divisions/stategrants/guidelines/files/U GMS012001.doc

7. Grantees must adhere to the state and federal regulations pertaining to the movement of Texas agriculture products.

Deadline and Submission Information. Proposals should be submitted to Ms. Carol Funderburgh, Director of Contracts and Grants, Texas Department of Agriculture, P. O. Box 12847, Austin, Texas 78711. The street address is 1700 North Congress, 11th Floor, Austin, Texas 78701.

Proposals must be received no later than 5:00 p.m. August 31, 2003. One original and nine copies must be submitted. Fax copies will not be accepted.

Please contact Ms. Funderburgh at (512) 463-8536 or by email at carol.funderburgh@agr.state.tx.us with any questions you may have.

Evaluation and Award Information. All proposals will be subject to evaluation by a committee based on the criteria set forth in this RFP. TDA shall not pay for any costs incurred by any entity in responding to this RFP. Additionally, TDA reserves the right to accept or reject any or all proposals submitted and is under no legal or other obligation to award a grant on the basis of this RFP or any other RFP. All final funding decisions will be made by TDA.

The announcement of grant awards will be made no later than September 15, 2003.

TRD-200304218

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Filed: July 14, 2003

TBPC Project No. 03-009-530

Project Name: LAN Room Electrical Systems Upgrade Texas Department of Protective and Regulatory Services

Sealed Bids for this project will be received until 3:00 P.M., July 30, 2003, at the Bid Room, Room No. 180, 1711 San Jacinto, Austin, Texas 78701. See the Invitation for Bid (IFB) for other delivery choices.

Plans and specifications may be obtained from the Goodwin Engineering, 11615 Angus Rd. Suite #211, Austin Texas, 78759 (telephone:. (512) 349-9667, fax (512) 349-9668), for a deposit of $35, refundable upon return of a complete, unmarked set(s).

A non-mandatory Pre-Bid Conference will be held at Texas Department of Protective and Regulatory Services Room 110A, at 10:00 a.m. Friday, July 18, 2003.

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=48481

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 email 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.

TRD-200304183

Cynthia de Roch

General Counsel

Texas Building and Procurement Commission

Filed: July 11, 2003

TBPC Project No. 03-020-0405

Project Name: HVAC Renovations Building C Basement--IMS Depot and Training Classroom 5805 North Lamar, Austin, Texas for the Department of Public Safety

Sealed Bids for this project will be received until 3:00 P.M., August 7, 2003, at the Bid Room, Room No. 180, 1711 San Jacinto, Austin, Texas 78701. See the RFB for other delivery choices.

Plans and specifications may be obtained from the ACR Engineering, INC., 907 South Congress Avenue, Austin Texas, 78704, (512) 440-8383, for a deposit of $25.00, refundable upon return of a complete, unmarked set(s).

A mandatory (must attend and sign in) Pre-Bid Conference will be held at 5805 North Lamar Boulevard (Building C Basement), at 10:00 a.m. Thursday, July 17, 2003. The TBPC will reject Bids submitted by firms that did not attend the mandatory Pre-Bid Conference.

Only bids submitted on the official CONTRACTOR'S PROPOSAL FORM found in the Project Manual will be accepted.

The RFB may be obtained by contacting TBPC Internal Procurement, Attention: Ron Hunter (Fax: (512) 463-3360), ron.hunter@tbpc.state.tx.us or through the Electronic State Business Daily at:

http://esbd.tbpc.state.tx.us/1380/bid_show.cfm?bidid=48494

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 Ron Hunter via fax at (512) 463-3360 or via e-mail at ron.hunter@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 Proposal Form or on the face of the Addendum and returned with the bid.

TRD-200304184

Cynthia de Roch

General Counsel

Texas Building and Procurement Commission

Filed: July 11, 2003

The Central Texas Regional Mobility Authority (CTRMA) is seeking qualified investment banking firms to serve as bond underwriters for the CTRMA, including the proposed financing of the CTRMA priority project, the US 183--A turnpike project in Williamson County, Texas. The CTRMA intends to compose a team of underwriters to serve for five years or three transactions, whichever is larger. A Request for Qualifications (RFQ) has been prepared for interested investment banking firms.

To obtain copies of this RFQ and the CTRMA's procurement policies, please contact Paula Gruber, Prime Strategies, Inc., 1508 South Lamar Boulevard, Austin, Texas 78704, telephone (512) 445-7074 or prime@austin.rr.com.

TRD-200304299

Michael Weaver

Interim Executive Director

Central Texas Regional Mobility Authority

Filed: July 16, 2003

Pursuant to Chapter 2254, Subchapter B, and Sections 403.011 and 403.020, Texas Government Code, and Senate Bill 929, 78th Texas Legislature, Reg. Sess. (Sept. 1, 2003), the Comptroller of Public Accounts (Comptroller) announces the issuance of a Request for Proposals (RFP #161a) from qualified, independent firms to provide consulting services to Comptroller. The successful respondent will assist Comptroller in conducting a comprehensive review of all twenty (20) Regional Education Service Centers (RESC) in the state. Comptroller reserves the right, in its sole discretion, to award one or more contracts for a review of the RESCs included in this RFP. The successful respondent(s) will be expected to begin performance of the contract or contracts, if any, on or about September 17, 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 25, 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 25, 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 Monday, August 18, 2003. Official responses to questions received by the foregoing deadline will be posted electronically on the Texas Marketplace no later than August 20, 2003, or as soon thereafter as practical. Mandatory Letters of Intent received after the 2:00 p.m., August 18, 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 29, 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 August 18, 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 25, 2003, 10 a.m. CZT; All Mandatory Letters of Intent and Questions Due - August 18, 2003, 2 p.m. CZT; Official Responses to Questions Posted - August 20, 2003, or as soon thereafter as practical; Proposals Due - August 29, 2003, 2 p.m. CZT; Contract Execution - September 17, 2003, or as soon thereafter as practical; Commencement of Project Activities - September 17, 2003.

TRD-200304295

Pamela Smith

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: July 16, 2003

Pursuant to Chapter 54, Subchapters F and G, Texas Education Code, the Comptroller of Public Accounts (Comptroller), as chairman and executive director of the Texas Prepaid Higher Education Tuition Board (Board), and on behalf of the Board, announces its issuance of a Request for Proposals (RFP #161b) for the purpose of obtaining professional accounting services in the form of a financial audit of the Board's prepaid tuition program and college savings plan, qualified tuition programs under Internal Revenue Code Section 529. The successful respondent, if any, will be expected to begin performance of the contract on or about October 1, 2004.

Contact: Parties interested in submitting a proposal should contact John C. Wright, Assistant General Counsel for Contracts, Comptroller of Public Accounts, 111 E. 17th St., ROOM G-24, Austin, Texas, 78744, telephone number: (512) 305-8673, to obtain a copy of the RFP. The Comptroller will mail copies of the RFP only to those specifically requesting a copy. The RFP will be available for pick-up at the above-referenced address on July 25, 2003, after 10:00 a.m., Central Zone Time (CZT), and during normal business hours thereafter. The Comptroller also made the RFP available electronically on the Texas Marketplace after July 25, 2003, 10:00 a.m. (CZT). The address of the Texas Marketplace is (http://esbd.tbpc.state.tx.us).

Non-Mandatory Letters of Intent and Questions: Letters of Intent are non- mandatory. All written inquiries, questions and non-mandatory Letters of Intent must be received at the above-referenced address not later than 2:00 p.m. (CZT) on August 1, 2003. Prospective proposers are encouraged to fax non-mandatory Letters of Intent and Questions to (512) 475-0973 to ensure timely receipt. Letters of Intent must be addressed to John C. Wright, Assistant General Counsel, Contracts, and must contain the information as stated in the corresponding Section of the RFP and be signed by an official of that entity. Non-Mandatory Letters of Intent and Questions received after this time and date will not be considered. On or before August 5, 2003, the Comptroller expects to post responses to questions as a revision to the Texas Marketplace notice on the issuance of this RFP.

Closing Date: Proposals must be received in the Assistant General Counsel for Contracts' Office at the location specified above (ROOM G-24) no later than 2:00 p.m. (CZT), on August 12, 2003, 2:00 p.m. (CZT). Proposals received in ROOM G24 after this time and date will not be considered.

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. The Board will make the final decision.

The Comptroller and the Board each reserve the right to accept or reject any or all proposals submitted. The Comptroller and the Board are not obligated to execute a contract on the basis of this notice or the distribution of any RFP. The Comptroller and the Board shall not pay for any costs incurred by any entity in responding to this Notice or the RFP.

The anticipated schedule of events pertaining to this solicitation is as follows: Issuance of RFP - July 25, 2003, 10:00 a.m. CZT; Non-Mandatory Letters of Intent and Questions Due - August 1, 2003, 2:00 p.m. CZT; Official Responses to Questions posted - August 5, 2003, Proposals Due - August 12, 2003, 2:00 p.m. CZT; Contract Execution - October 1, 2003, or as soon thereafter as practical; Commencement of Contract Activities - October 1, 2003.

TRD-200304311

Pamela Smith

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: July 16, 2003

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

An application was received from Texans Credit Union, Richardson, Texas to expand its field of membership. The proposal would permit members of the Friends of the Texas Credit Union Foundation and its employees, who live, work, or attend school in the regions of Texas as defined by the North Central Texas, Texoma, Capital Area, and Houston-Galveston Council of Governments, to be eligible for membership in the credit union.

An application was received from Energy Capital Credit Union, Houston, Texas to expand its field of membership. The proposal would permit persons who live or work within 10 miles of Energy Capital Credit Union's branch offices, to be eligible for membership in the credit union.

An application was received from Houston Energy Credit Union, Houston, Texas to expand its field of membership. The proposal would permit persons who live, work, attend school, or are located in Harris County, Texas and business entities located therein, to be eligible for membership in the credit union.

An application was received from Associates Mutual Credit Union, Houston, Texas to expand its field of membership. The proposal would permit persons who live, work, attend school, within a two mile radius of Associates Mutual Credit Union's office located at 811 North Loop West, Houston, Texas 77008, to be eligible for membership in the credit union.

An application was received from TruWest Credit Union, Scottsdale, Arizona to expand its field of membership in Texas. The proposal would permit anyone that works, lives, or is located in Travis County, to be eligible for membership in the credit union.

An application was received from Premier America Credit Union, Chatsworth, California to expand its field of membership in Texas. The proposal would permit employees of Neurobehavioral Healthcare Systems, Ltd., to be eligible for membership in the credit union.

An application was received from Premier America Credit Union, Chatsworth, California to expand its field of membership in Texas. The proposal would permit employees of Novell Inc., to be eligible for membership in the credit union.

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

TRD-200304296

Harold E. Feeney

Commissioner

Credit Union Department

Filed: July 16, 2003

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

Application(s) to Expand Field of Membership - Approved

Texans Credit Union (11 applications), Richardson, Texas - See Texas Register issue dated May 30, 2003.

Access Credit Union, Amarillo, Texas - See Texas Register issue dated May 30, 2003.

The Education Credit Union, Amarillo, Texas - See Texas Register issue dated May 30, 2003.

MemberSource Credit Union, Houston, Texas - See Texas Register issue dated May 30, 2003.

Texas Dow Employees Credit Union, Lake Jackson, Texas - See Texas Register issue dated May 30, 2003.

Houston Energy Credit Union, Houston, Texas - See Texas Register issue dated May 30, 2003.

TruWest Credit Union, Scottsdale, Arizona - See Texas Register issue dated May 30, 2003.

Application(s) to Articles of Incorporation - Approved

Doches Community Credit Union, Nacgodoches, Texas - See Texas Register issue dated May 30, 2003.

Navarro Federal Employees Credit Union, Corsicana, Texas - See Texas Register issue dated May 30, 2003.

TRD-200304298

Harold E. Feeney

Commissioner

Credit Union Department

Filed: July 16, 2003

The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony regarding revisions to 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles, and to the state implementation plan (SIP) narrative, under the requirements of the Texas Health and Safety Code, §382.017; Texas Government Code, Subchapter B, Chapter 2001; and 40 Code of Federal Regulations, §51.102, of the United States Environmental Protection Agency (EPA) regulations concerning SIPs. The amendments to Chapter 114 are proposed as a revision to the SIP.

These proposed amendments to Chapter 114 and corresponding revisions to the Texas inspection and maintenance (I/M) SIP would delay for one year the start of the I/M program for vehicles registered in Chambers, Liberty, and Waller Counties. This program requires tailpipe emissions testing during annual state inspections of vehicles. The early participation incentive program for vehicle inspection stations in those counties would also be delayed for one year. This program allows for reimbursements from the agency to vehicle inspection stations for emissions testing equipment if certain requirements are met. There would be no change to either program other than the delay of the start dates.

A public hearing on this proposal will be held in Dayton on August 18, 2003, at 6:00 p.m. at the Dayton High School cafeteria, 3200 North Cleveland (Highway 321 North). The hearing is structured for the receipt of oral and/or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not occur during the hearing; however, agency staff will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing.

Comments may be submitted to Lola Brown, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087; or by fax at (512) 239-4808. All comments must be received by 5:00 p.m. on August 25, 2003, and should reference Rule Log Number 2003-034-114-AI. For further information on the proposed revisions, please contact Joseph Thomas at (512) 239-4580. Copies of the proposed rules and SIP revisions can be obtained from the commission's Web site at: http://www.tnrcc.state.tx.us/oprd/rules/propadop.html .

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the agency at (512) 239-4900. Requests for special accommodations should be made as far in advance as possible.

TRD-200304207

Stephanie Bergeron

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: July 11, 2003

The Texas Commission on Environmental Quality (TCEQ or commission) is required under the Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361 (the Act), to annually publish a state registry that identifies facilities that may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment. The most recent registry listing of these facilities was published in the March 7, 2003 issue of the Texas Register (28 TexReg 2136).

In accordance with the Act, §361.184 (a), the commission must publish a notice of intent to list a facility on the state registry of state Superfund sites in the Texas Register and in a newspaper of general circulation in the county in which the facility is located. With this publication, the commission gives notice of a facility that the executive director has determined eligible for listing, and which the executive director proposes to list on the state registry. In addition, the commission gives notice in accordance with the Act, §361.1855, and proposes a land use other than residential as appropriate for the facility. The commission proposes a commercial/industrial land use designation. Determination of appropriate land use may impact the remedial investigation and remedial action for the site. The TCEQ proposes a land use designation of commercial/industrial based on the existing land use of the property, as is prescribed in the Texas Risk Reduction Program rule, 30 Texas Administrative Code (TAC) §350.53.

This publication specifies the general nature of the potential endangerment to public health and safety or the environment as determined by information currently available to the executive director. The notice was published on July 25, 2003, in the Jacksonville Daily Progress newspaper.

The facility proposed for listing is the Poly-Cycle Industries, Inc. site, located 1.25 miles northeast of Tecula, Cherokee County, Texas. The geographic coordinates of the site are 32 degrees 01'23" North Latitude and 95 degrees 11' 23" West Longitude. The description of the site is based on information available at the time the site was evaluated with the Hazard Ranking System (HRS). The HRS is the principal screening guide used by the commission to evaluate potential, relative risk to public health and the environment from releases or threatened releases of hazardous substances. The description may change as additional information is gathered on the sources and extent of contamination.

The site is approximately 35 acres and is located on the southeast corner of the intersection of Farm-to-Market 2064 and County Road 4216, in Cherokee County. The Union Pacific Railroad line borders the southern boundary of the site.

Poly-Cycle operated a lead battery recycling facility. The exact date operations began is unknown, but was sometime prior to May 1982, when the Texas Department of Health conducted an inspection. Operations ended in March 1990. The facility first operated under the name Rocky Point International, then changed its name to Poly-Cycle Industries. The facility recycled lead from lead acid batteries and cases. The tops were sawed off the batteries to remove the lead plates. The sulfuric acid was drained and allowed to flow or discharge on the concrete floor of the process building to a system of three concrete settling basins. Lime was added to the basins to neutralize the acid and help separate out the lead. Plastic battery chips were skimmed off the settling basins, washed, and sold. The rubber battery chips were shredded and sold. The lead sludge was also sold.

At the Poly-Cycle Tecula facility improper waste handling and storage resulted in contamination of approximately nine acres. Sampling at the site detected lead levels in soil as high as 365,000 parts per million.

The United States Environmental Protection Agency's (EPA) contractor removed site structures and contaminated soil and sediment from on-site and off-site property from April 5, 1991 to January 2, 1992. EPA also conducted confirmation sampling and backfilled the excavated areas. Two temporary buildings were constructed on-site for the storage of 1,100 bags of contaminated waste.

A public meeting will be held Thursday, August 28, 2003, at 7:00 p.m. in the Jacksonville Public Library Auditorium, 502 South Jackson, Jacksonville, Texas. The purpose of this meeting is to obtain additional information regarding the site relative to its eligibility for listing on the state registry, identify additional potentially responsible parties, and obtain public input and information regarding the appropriate use of land on which the facility is located. The public meeting will be legislative in nature and not a contested case hearing under the Texas Administrative Procedure Act (Texas Government Code, Chapter 2001).

All persons desiring to make comments may do so prior to or at the public meeting. All comments submitted prior to the public meeting must be received by 5:00 p.m., August 28, 2003, and should be sent in writing to Mr. Alonzo Arredondo, Texas Commission on Environmental Quality, Superfund Cleanup Section, Remediation Division, MC 143, P. O. Box 13087, Austin, Texas 78711-3087 or facsimile at (512) 239-2450. The public comment period for this action will end at the close of the public meeting on August 28, 2003.

A portion of the record for this site, including documents pertinent to the executive director's determination of eligibility, is available for review during regular business hours at the Jacksonville Public Library, 502 South Jackson, Jacksonville, Texas, (903) 586-7664. Copies of the complete public record file may be obtained during regular business hours at the commission's Records Management Center, Building E, First Floor, 12100 Park 35 Circle, Austin, Texas 78753, (800) 633- 9363 or (512) 239-2920. Photocopying of file information is subject to payment of a fee. Handicapped parking is available on the east side of Building D, convenient to access ramps that are between Buildings D and E.

Information is also available regarding the state Superfund program at www.tnrcc.state.tx.us/permitting/remed/superfund/index.html.

For further information about this site or the public meeting, please call Ms. Janie Montemayor, TCEQ Community Relations, at (800) 633-9363 or (512) 239-3844.

TRD-200304301

Paul Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: July 16, 2003

The following notices were issued during the period of July 8, 2003 through July 14, 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.

AIR LIQUIDE AMERICA L.P. which operates the Deer Park Hydrogen Plant, a gas purification facility, has applied for a renewal of TPDES Permit No. 03167, which authorizes the discharge of cooling tower blowdown and utility wastewater at a daily average flow not to exceed 20,000 gallons per day via Outfall 001. The facility is located at 2300 Tidal Road, approximately 0.5 miles east of the intersection of Tidal Road and Battleground Road in the City of Deer Park, Harris County, Texas.

BASTROP INDEPENDENT SCHOOL DISTRICT has applied to the Texas Commission on Environmental Quality (TCEQ) for a new permit, Proposed Permit No. 14200-002, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 10,000 gallons per day via subsurface drip irrigation of 2.3 acres of nonpublic access land. This permit will not authorize a discharge of pollutants into waters in the State. The facility will be located approximately 500 feet southeast of the intersection of State Highway 21 and Farm-to-Market Road 535 in Bastrop County, Texas. The disposal site will be located approximately 1,000 feet southeast of the intersection of State Highway 21 and Farm-to-Market Road 535 in Bastrop County, Texas.

BLUE WATER OAKS PROPERTY OWNERS ASSOCIATION SEWER SERVICE & WATER SUPPLY CORPORATION has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14411-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 30,000 gallons per day. The facility is located approximately 100 feet west of the extreme southern shore of Lake Alvarado and approximately 3000 feet east of County Road 313 in Johnson County, Texas

THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY which operates the Milby Street Yard, which functions as a minor locomotive maintenance and washing facility, has applied for a renewal of TPDES Permit No. 02039, which authorizes the discharge of washwater and storm water at a daily average flow not to exceed 4,000 gallons per day (as dry weather flow) via Outfall 001. The facility is located at the intersection of McKinney Avenue and Milby Street in the City of Houston, Harris County, Texas.

CONROE BAY CIVIC ASSOCIATION has applied for a renewal of TNRCC Permit No. 12582-001, 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 approximately 5 miles northwest of the City of Willis and 450 feet north of Lake Conroe in Montgomery County, Texas.

DALLAS COUNTY UTILITY AND RECLAMATION DISTRICT has applied for a renewal of TPDES Permit No. 13678-001, which authorizes the discharge of water treatment plant wastewater at a daily average flow not to exceed 7,600 gallons per day. The facility is located 2,785 feet north-northeast of the intersection of State Highway 114 and Valley View Lane, 300 feet west- northwest of the bridge over Hackberry Creek at Parkridge Boulevard in Dallas County, Texas.

DURATHERM, INC. which operates a hazardous waste storage facility which produces recyclable fuel, has applied for a renewal of TPDES Permit No. 04086, which authorizes the discharge of storm water on an intermittent and flow variable basis via Outfall 001. The facility is located at 2700 Avenue S, near the intersection of 27th Street and Avenue S, approximately 3/4 mile east of State Highway 146 at Dickinson Bayou, approximately two miles southeast of the City of Bacliff, Galveston County, Texas.

GRIZZARD PARTNERSHIP, LTD. as applied for a renewal of TPDES Permit No. 12716-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 200,000 gallons per day. The facility is located adjacent to the west bank of Carpenters Bayou, approximately 1 mile north of Wallisville Road Bridge and 2,800 feet east of East Belt Drive in Harris County, Texas.

GULF STATES ASPHALT COMPANY, L.P. which operates a facility which manufactures paving and roofing asphalt, concrete sealants, and water proofing and protective coatings, has applied for a renewal of TPDES Permit No. 01058, which authorizes the discharge of utility wastewater and storm water at a daily average flow not to exceed 60,000 gallons per day via Outfall 001. The facility is located at 300 Christy Place, approximately 500 feet southeast of the intersection of State Highway 3 and College Street, in the City of South Houston, Harris County, Texas

HOLCIM (TEXAS) L.P. which operates a limestone quarry and Portland cement manufacturing plant (SIC 1422), has applied for a renewal of TPDES Permit No. 02580, which authorizes the discharge of storm water associated with industrial activity on an intermittent and flow variable basis via Outfall 001. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace TPDES Permit No. 02580, issued on September 1, 1999. The facility is located at 1800 Dove Lane, in the City of Midlothian, Ellis County, Texas.

CITY OF HOUSTON has applied for a renewal of TPDES Permit No. 10495-136, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 5,000,000 gallons per day. The facility is located approximately 1.6 miles east-northeast of the intersection of Farm-to-Market Road 1959 and Interstate Highway 45, adjacent to the southeast corner of Ellington Air Field in Harris County, Texas.

HUFFMAN INDEPENDENT SCHOOL DISTRICT has applied for a renewal of TPDES Permit No. 11518-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 35,000 gallons per day. The facility is located located in the southeast corner of the Willie J. Hardgrave Senior High School site, approximately 0.5 mile west of the intersection of Huffman - Eastgate Road and Farm-to-Market Road 1960 in Harris County, Texas.

RHINOPAK, L.P. which operates a contract packaging facility for automotive and industrial antifreezes, speciality automotive chemicals, motor oils, transmission fluids, adipic acids, pesticides, and agricultural chemicals, has applied for a renewal of TPDES Permit No. 01062, which authorizes the discharge of washwater, boiler blowdown, and process area storm water at a daily average flow not to exceed 115,000 gallons per day via Outfall 001. The facility is located at 409 East Wallisville Road, two miles north of Interstate Highway 10 and 0.3 miles east of South Main Street, in the Community of Highlands, Harris County, Texas.

RYAN'S RIDGE, L.P. has applied for a new permit, Proposed Permit No. 14380-001, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 100,000 gallons per day via drip irrigation of 23 acres of land. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site will be located approximately 3,000 feet north-northwest of the intersection of U.S. Highway 79 and Green Pastures Dive in Williamson County, Texas.

SOUTHWEST SHIPYARD, L.P. which operates a barge cleaning, maintenance, and repair facility that also receives and treats off-site third-party wastes, has applied for a renewal of TPDES Permit No. 02605, which authorizes the discharge of treated wash waters, treated third-party biotreatable wastewater, groundwater remediation project wastewater, domestic wastewater, utility wastewaters (vacuum tower cooling water and boiler blowdown), steam condensate, and contaminated storm water runoff at a daily average flow not to exceed 175,000 gallons per day via Outfall 001; the discharge of dry dock runoff and storm water runoff on an intermittent and flow variable basis via Outfalls 003, 004, and 005; and the discharge barge ballast water on an intermittent and flow variable basis via Outfall 006. The facility is located at 18310 Market Street, in the City of Channelview, Harris County, Texas.

SPRING OAKS MOBILE HOME PARK INC. has applied for a renewal of TPDES Permit No. 12650-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 25,000 gallons per day. The facility is located at 4200 Spring-Steubner Road, on the north side of Spring-Steubner Road approximately 2 1/2 miles west of the intersection of Interstate Highway 45 and Spring-Steubner Road in Harris County, Texas

TURNER INTERNATIONAL PIPING SYSTEMS, INC. which operates a facility that fabricates steel pipe for the energy industry, has applied for a renewal of TPDES Permit No. 00300, which authorizes the discharge of non-contact cooling water (air compressor cooling system) and storm water at a daily maximum flow not to exceed 800,000 gallons per day via Outfall 001. The facility is located at 1200 SW 19th Street, in the northwest quadrant as defined by the intersection of Farm-to-Market Road 137 and the Missouri Pacific Railroad, approximately 0.6 miles north of Loop 286 and one mile south of the intersection of Farm-to-Market Road 137 and State Highway 469 in the City of Paris, Lamar County, Texas.

TYSON FRESH MEATS, INC. which operates a beef slaughtering facility with associated rendering and through-the-blue tanning facilities, has applied for a major amendment to Permit No. 01873 to authorize the reduction in soil sampling frequency for various parameters to once per year; delete the soil analysis for exchangeable calcium and sodium; delete the soil analysis for ammonia- nitrogen and total kjeldahl nitrogen; and delete the soil analysis for oil and grease. The current permit authorizes the disposal of process wastewater from the tannery beamhouse, sanitary wastewater, slaughter and processing wastewater, cooling tower blowdown, boiler blowdown, and storm water via irrigation of 2510 acres at a minimum hydraulic application rate not to exceed 2.4 acre-feet per acre per year. This permit will not authorize a discharge of pollutants into waters in the State. The facility area is located on the northeast side of the intersection of U.S. Highway 66 East and Farm-to-Market Road 1912. The irrigation site is located two miles north of the intersection of Farm-to-Market Road 1912 and U.S. Highway 66 East, and six miles northeast of the Amarillo Municipal Airport, Potter County, Texas.

THE U.S. ARMY CORPS OF ENGINEERS has applied for a renewal of TPDES Permit No. 12049-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 9,000 gallons per day. The facility is located approximately 3.3 miles south of the intersection of Farm-to-Market Road 546 and Farm-to-Market Road 982, on the north side of Lavon Lake in Clear Lake Park in Collin County, Texas.

VALERO LOGISTICS OPERATIONS, L.P. which operates a petroleum products storage and distribution terminal, has applied for a renewal of TPDES Permit No. 02857, which authorizes the discharge of storm water plus rack wash water and tank bottom water on an intermittent and flow variable basis via Outfall 001; and the discharge of storm water on an intermittent and flow variable basis via Outfalls 002 and 003. The facility is located at 2700 Texaco Road, approximately 1/2 mile north and 1/2 mile west of the High Bridge crossing Corpus Christi Inner Harbor, outside the City of Corpus Christi, Nueces County, Texas.

VOPAK TERMINAL DEER PARK, INC. which operates a bulk liquid storage and transhipment terminal, has applied for a renewal of TPDES Permit No. 02383, which authorizes the discharge of stormwater runoff on an intermittent and flow variable basis via Outfalls 001, 002, 003 and 004. The facility is located at 2759 Battleground Road (Farm-to-Market Road 134) in the City of Deer Park, Harris County, Texas

WOODLAND LAKE DEVELOPMENT, LTD. has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14414-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 900,000 gallons per day. The facility will be located approximately 4,600 feet southeast of the intersection of State Highway 242 and Donwick Drive in Montgomery County, Texas.

WRIGHT MATERIALS, INC. which operates Nason Plant No. 1, a sand and gravel washing operation, has applied for a renewal of TPDES Permit No. 02027, which authorizes the discharge of washwater and storm water on an intermittent and flow variable basis via Outfall 001. The facility is located on Farm-to-Market Road 3088, approximately 1.5 miles northwest of the intersection of Farm-to-Market Road 624 and Farm-to-Market Road 666, and approximately ten miles northwest of the City of Robstown, Nueces County, Texas.

TRD-200304277

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: July 15, 2003

Notice mailed July 9, 2003.

APPLICATION NO. 5802; City of Albany, 148 South Main, Albany, Texas, 76430-0595, seeks a Water Use Permit pursuant to Texas Water Code (TWC) §11.121 and Texas Commission on Environmental Quality Rules 30 TAC §295.1, et seq. Applicant seeks authorization to maintain an existing reservoir on an unnamed tributary of North Fork Creek, tributary of Hubbard Creek, tributary of the Brazos River, Brazos River Basin and to divert and use 100 acre-feet of water per annum from the reservoir for agricultural purposes to irrigate 60 acres of land in Shackelford County at a maximum diversion rate of 3.565 cfs (1,600 gpm). Impounded water will also be used for recreational purposes. The on-channel reservoir is located in the T & P RR Co. Block 11 Survey 19, Abstract 484, Shackelford County, approximately 0.5 mile west from the City of Albany. Station 0+00 on the centerline of the dam is S 60.5° E, 2800 feet from the Northwest corner of the aforesaid T & P Survey, also being at Latitude 32.7314° N, Longitude 99.3023° W. It has a capacity of 5 acre-feet of water and has a surface area of 0.93 acres. The diversion from the reservoir is from a point bearing S 69.2500° E, 2700 feet from the Northwest corner of the T & P Survey, also being at Latitude 32.7333° N, Longitude 99.3019° W. Ownership of 60 acres of land is evidenced by a warranty deed as recorded in Volume 282, page 185 in the official Shackelford County Clerk records. The application was received on January 3, 2003 and additional information and fees were received on March 13, 2003 and April 7, 2003. The application was accepted for filing and declared administratively complete on April 10, 2003. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk at the address provided in the information section below within 30 days of the date of newspaper publication of the notice.

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, Texas 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-200304276

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: July 15, 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 18, 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 18, 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: Basic Equipment Co.; DOCKET NUMBER: 2003-0007-MLM-E; IDENTIFIER: Air Account Number NE-0495-H, Regulated Entity Number 102704491; LOCATION: Robstown, Nueces County, Texas; TYPE OF FACILITY: equipment rental and leasing; RULE VIOLATED: 30 TAC §111.201 and THSC, §382.085(b), by failing to follow the outdoor burning rules; and 30 TAC §330.5(a)(1), by allowing the unauthorized disposal of municipal solid waste; PENALTY: $5,250; ENFORCEMENT COORDINATOR: Edward Moderow, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5530, (361) 825-3100.

(2) COMPANY: Duke Energy Field Services, LP; DOCKET NUMBER: 2002-0718-AIR-E; IDENTIFIER: Air Account Number CZ-0009-W; LOCATION: Ozona, Crockett County, Texas; TYPE OF FACILITY: natural gas processing; RULE VIOLATED: 30 TAC §116.115(c), Permit Numbers 21434 and 31434, and THSC, §382.085(b), by failing to perform emission testing and failing to submit annual reports related to emission testing; and 30 TAC §122.145, §122.165(a), and THSC, §382.085(b), by failing to submit a certification of accuracy and completeness; PENALTY: $7,740; ENFORCEMENT COORDINATOR: Gloria Stanford, (512) 239- 1871; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655- 9479.

(3) COMPANY: E.I. Du Pont De Nemours & Company, Inc.; DOCKET NUMBER: 2002- 1012-AIR-E; IDENTIFIER: Air Account Number JE-0033-C and Air Permit Number 1743; LOCATION: Nederland, Jefferson County, Texas; TYPE OF FACILITY: industrial organic chemicals plant; RULE VIOLATED: 30 TAC §101.7(b) and THSC, §382.085(b), by failing to notify the regional office prior to the shutdown/maintenance activity at the acrylonitrile unit; 30 TAC §101.6(a)(1)(B) and (b)(7) and THSC, §382.085(b), by failing to notify the regional office no later than 24 hours after the discovery of a reportable upset and failing to notify the regional office of the actions taken or being taken to correct a reportable upset; 30 TAC §116.115(b)(2)(G) and (c), Air Permit Number 1743, and THSC, §382.085(b), by failing to maintain emission rates below the allowable emission limits; Air Permit Number 1743 and THSC, §382.085(b), by failing to prevent unauthorized emissions released at the acrylonitrile unit; and 30 TAC §113.100, §116.115(c), and THSC, §382.085(b), by failing to operate the inside battery limits flare with a pilot flame present at all times; PENALTY: $10,050; ENFORCEMENT COORDINATOR: Laura Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703- 1892, (409) 898-3838.

(4) COMPANY: Garrett Creek Ranch, Inc.; DOCKET NUMBER: 2003-0244-MWD-E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number 13427-001; LOCATION: Paradise, Wise County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 13427-001, and the Code, §26.121(a), by discharging wastewater that exceeded total suspended solids (TSS), dissolved oxygen (DO), and total residual chlorine limits; PENALTY: $9,075; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: Garrhon Enterprises dba Texaco Food Mart; DOCKET NUMBER: 2002-1394- PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 0013509; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(2) and THSC, §382.085(b), by failing to conduct annual pressure decay testing; PENALTY: $1,050; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(6) COMPANY: City of Hidalgo; DOCKET NUMBER: 2002-0946-MWD-E; IDENTIFIER: Water Quality Permit Number 11080-001, National Pollutant Discharge Elimination System (NPDES); Permit Number TX0058386, and Regulated Entity Identification Number RN101919975; LOCATION: Hidalgo, Hidalgo County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §§305.125(1) and (5), 317.4(a)(8) and (c), 317.3(e)(5), and Water Quality Permit Number 11080-001, by failing to ensure at all times that the facility and all of its systems of collection, treatment, and disposal are properly operated; PENALTY: $4,125; ENFORCEMENT COORDINATOR: Sandra Hernandez Alanis, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(7) COMPANY: Hollon Oil Company; DOCKET NUMBER: 2003-0162-PST-E; IDENTIFIER: Regulated Entity Identification Number RN100523141; LOCATION: Donna, Hidalgo County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator had a valid, current delivery certificate; PENALTY: $800; ENFORCEMENT COORDINATOR: Sandra Hernandez Alanis, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(8) COMPANY: ICO Worldwide, L.P.; DOCKET NUMBER: 2002-1265-AIR-E; IDENTIFIER: Air Account Number HG-0539-K; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: pipe surface coating; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit an annual compliance certification; PENALTY: $1,580; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(9) COMPANY: McLennan County Water Control & Improvement District No. 2; DOCKET NUMBER: 2003-0079-MWD-E; IDENTIFIER: TPDES Permit Number 10344-001; LOCATION: Elm Mott, McLennan County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10344-001, and the Code, §26.121(a), by allegedly discharging wastewater exceeding ammonia nitrogen, total residual chlorine, TSS, DO, and carbonaceous biochemical oxygen demand limits; PENALTY: $4,160; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(10) COMPANY: Namz Enterprises, Inc. dba Short Stop Market; DOCKET NUMBER: 2002- 1365-PST-E; IDENTIFIER: PST Facility Identification Number 0048419; LOCATION: Katy, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(2) and THSC, §382.085(b), by failing to conduct an annual pressure decay test; and 30 TAC §334.50(b)(2) and the Code, §26.3475(a), by failing to monitor the pressurized piping; PENALTY: $1,820; ENFORCEMENT COORDINATOR: Catherine Sherman, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.

(11) COMPANY: Umar Bhatti, Inc. dba One Stop Food Store 20; DOCKET NUMBER: 2002- 1017-PST-E; IDENTIFIER: PST Facility Identification Number 0027138; LOCATION: Irving, Dallas County, Texas; TYPE OF FACILITY: gasoline retail station; RULE VIOLATED: 30 TAC §334.49(c)(2)(C) and (4)(C) and the Code, §26.3475(d), by failing to inspect the impressed current cathodic protection system and failing to perform an operability test on the cathodic protection system; 30 TAC §334.10(b)(1)(B), by failing to maintain records of the latest product piping tightness test results; and 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c), by failing to ensure that all tanks are monitored for releases; PENALTY: $5,440; ENFORCEMENT COORDINATOR: Wendy Cooper, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(12) COMPANY: Opper Enterprises, Inc.; DOCKET NUMBER: 2002-1344-AIR-E; IDENTIFIER: Air Account Number MQ-0716-T; LOCATION: Porter, Montgomery County, Texas; TYPE OF FACILITY: land clearing business; RULE VIOLATED: 30 TAC §111.201 and THSC, §382.085(b), by failing to follow the outdoor burning rules; PENALTY: $1,050; ENFORCEMENT COORDINATOR: Catherine Sherman, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(13) COMPANY: Phillips Pipe Line Company; DOCKET NUMBER: 2003-0301-AIR-E; IDENTIFIER: Air Account Number HG-0565-J; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: petrochemical plant; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit an annual compliance certification; and 30 TAC §122.145(2)(B) and THSC, §382.085(b), by failing to submit a deviation report; PENALTY: $2,080; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(14) COMPANY: Precision Pipe & Excavating, L.L.C.; DOCKET NUMBER: 2003-0195-AIR- E; IDENTIFIER: Air Account Number 94-9390-T and Regulated Entity Identification Number RN102842994; LOCATION: Sugarland, Fort Bend County, Texas; TYPE OF FACILITY: trench burner; RULE VIOLATED: 30 TAC §116.110(a) and THSC, §382.085(a), by failing to obtain a permit or satisfy the conditions of a permit by rule; and 30 TAC §101.4 and THSC, §382.085(a) and (b), by failing to prevent a discharge from any source of one or more air contaminants or combinations thereof; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(15) COMPANY: Randy Road Construction, Inc.; DOCKET NUMBER: 2003-0087-AIR-E; IDENTIFIER: Air Account Number 94-8639-L; LOCATION: Conroe, Montgomery County, Texas; TYPE OF FACILITY: land clearing; RULE VIOLATED: 30 TAC §106.496(18) and THSC, §382.085(b), by failing to obtain authorization prior to operating a trench burner; PENALTY: $2,700; ENFORCEMENT COORDINATOR: Trina Grieco, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(16) COMPANY: Starr County; DOCKET NUMBER: 2002-1341-MSW-E; IDENTIFIER: Regulated Entity Identification Number RN100523414; LOCATION: La Grulla, Starr County, Texas; TYPE OF FACILITY: municipal solid waste transportation fleet; RULE VIOLATED: 30 TAC §330.5 and §330.32, by failing to prevent the transporting and disposal of solid waste at an unauthorized facility; PENALTY: $3,600; ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(17) COMPANY: Structural Metals, Inc.; DOCKET NUMBER: 2002-0874-AIR-E; IDENTIFIER: Air Account Number GL-0028-H; LOCATION: Seguin, Guadalupe County, Texas; TYPE OF FACILITY: steel mill; RULE VIOLATED: 30 TAC §122.145(2)(A) - (C) and THSC, §382.085(b), by failing to report in writing all instances of deviations, probable cause, and any corrective actions or preventative measures and failing to submit a deviation report; 30 TAC §101.20(1), §116.115(c), 40 Code of Federal Regulations (CFR) §60.272a(a)(2) and §60.7(c), Air Permit Number 8248, and THSC, §382.085(b), by failing to adhere to special condition four in Air Permit Number 8248 and failing to submit complete and accurate semiannual new source performance standards excess emissions and monitoring systems performance reports; 30 TAC §101.6(b)(6) (now 30 TAC §101.201), and THSC, §382.085(b), by failing to properly identify a specific estimated quantity for opacity; and 30 TAC §111.155(1) and THSC, §382.085(b), by causing particulate matter to exceed net ground level concentration limits of 200 micrograms per cubic meter of air sampled; PENALTY: $94,887; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(18) COMPANY: Tejas Machines, Inc.; DOCKET NUMBER: 2003-0134-MWD-E; IDENTIFIER: Regulated Entity Identification Number 102923604; LOCATION: Spring, Harris County, Texas; TYPE OF FACILITY: machine shop; RULE VIOLATED: the Code, §26.121(a), by failing to obtain a TPDES storm water permit; PENALTY: $3,800; ENFORCEMENT COORDINATOR: Catherine Sherman, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(19) COMPANY: The Premcor Refining Group Inc.; DOCKET NUMBER: 2003-0053-AIR-E; IDENTIFIER: Air Account Number JE-0042-B, Regulated Entity Identification Number 102584026, Flexible Permit Number 6825A/PSD-TX-40, and Air Permit Number 2303A; LOCATION: Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §§101.20(3), 116.115(b)(2)(G), and 116.715(c)(7), Flexible Air Permit 6825A/PSD-TX-49, Air Permit 2303A, and THSC, §382.085(b), by failing to maintain emission rates below the allowable limits; PENALTY: $6,400; ENFORCEMENT COORDINATOR: Laura Clark, (409) 898- 3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838

(20) COMPANY: City of Trenton; DOCKET NUMBER: 2002-0359-MWD-E; IDENTIFIER: NPDES Permit Number TX0026794 and TPDES Permit Number and Water Quality Permit Number 10704-001; LOCATION: Trenton, Fannin County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), NPDES Permit Number TX0026794, Water Quality Permit Number 10704-001, and the Code, §26.121, by failing to comply with permitted effluent limits; PENALTY: $6,120; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(21) COMPANY: US Liquids of Houston, L.L.C.; DOCKET NUMBER: 2002-1240-IHW-E; IDENTIFIER: Solid Waste Registration Number 33969; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: used oil recycling and waste treatment/storage; RULE VIOLATED: 30 TAC §335.2(a) and 40 CFR §270.1(c), by failing to remove hazardous waste from Tank 3; 30 TAC §335.69(a)(1)(B) and (3), §335.112(a)(9), and 40 CFR §262.34(a)(1)(ii) and (3) and §265.195(c), by failing to document that daily inspections were conducted on the hazardous waste tank, failing to obtain a certified written integrity assessment, failing to obtain a certified written assessment for the secondary containment system, and failing to properly label Tank 3 with the words "hazardous waste;" 30 TAC §335.6(c), by failing to update the notice of registration; 30 TAC §335.9(a)(2) and §335.15(2), by failing to submit annual generation and monthly waste receipt summaries; 30 TAC §335.10(b)(18) and (22), by failing to indicate the presence of polychlorinated biphenyls; 30 TAC §335.503(b)(3), by failing to request or receive a new waste code number; and 30 TAC §335.431(c) and 40 CFR §268.7(a)(2), by failing to include land disposal restriction documentation; PENALTY: $15,600; ENFORCEMENT COORDINATOR: Catherine Sherman, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-200304269

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: July 15, 2003

The Health and Human Services Commission (HHSC) announces Request for Proposals (RFP) #529-03-311 for "Consulting Services for the Planning and Development of the Medicaid/CHIP Managed Care Procurement." This RFP is issued to invite potential contractors to submit proposals to assist HHSC in identifying the best methods for integrating the Medicaid and Children's Health Insurance Program (CHIP) managed care procurements under a value-based contracting approach. The consultant will be responsible for developing a joint procurement document and related evaluation materials for HHSC's review and approval. In addition, the consultant will help HHSC develop the technical requirements and scope of work for the consolidated managed care contract and contract management tools.

The contractor will be selected on the basis of demonstrated competence, knowledge and qualifications, considering the reasonableness of the proposed fee for services.

The RFP was posted on the Texas Marketplace and on HHSC's website on July 16, 2003. Interested parties may view the RFP on HHSC's website at: http://www.hhsc.state.tx.us, under the "Texas Medicaid Program" link.

HHSC will provide printed copies of the RFP or further information concerning the RFP only to those specifically requesting it.

The HHSC Project Manager and sole point of contact for the procurement is:

Pam Coleman

Director, STAR+PLUS

Phone: 512-685-3172

Fax: 512-338-6550

Mailing Address:

1100 W. 49th Street

Austin, Texas 78756

Physical Address:

12555 Riata Vista Circle

Austin, Texas 78727

To be considered, all proposals must be received at the foregoing address on or before 5:00 p.m., local time, on July 31, 2003. Proposals received after this time will not be considered.

The selected contractor will be expected to begin performance of the contract on or about August 15, 2003.

Evaluation and Award Procedure: All proposals will be subject to evaluation based on the evaluation criteria and procedures set forth in the RFP. HHSC reserves the right to accept or reject any or all proposals submitted. HHSC is under no legal or other obligation to execute any contracts on the basis of this notice, and the award of a contract is conditioned upon the receipt of a finding of fact from the Governor's Office. HHSC shall pay for no costs incurred by any entity in responding to this RFP.

The anticipated schedule of events is as follows:

(1) Issuance of RFP - July 16, 2003;

(2) Deadline for submitting questions concerning the RFP - 5:00 p.m., July 21, 2003;

(3) Deadline for submitting proposals -- 5:00 p.m., July 31, 2003;

(4) Contract execution - August 15, 2003.

All questions concerning the RFP should be addressed to Pam Coleman.

TRD-200304305

Steve Aragon

General Counsel

Texas Health and Human Services Commission

Filed: July 16, 2003

Notice is given to the public of the application of the listed small employer carrier to be a risk-assuming carrier under Texas Insurance Code Article 26.52. A small employer carrier is defined by Chapter 26 of the Texas Insurance Code as a health insurance carrier that offers, delivers or issues for delivery, or renews small employer health benefit plans subject to the chapter. A risk-assuming carrier is defined by Chapter 26 of the Texas Insurance Code as a small employer carrier that elects not to participate in the Texas Health Reinsurance System. The following small employer carrier has applied to be a risk-assuming carrier to cover the remaining of its current run-off business:

Insurance Company of Scott and White.

The application is subject to public inspection at the offices of the Texas Department of Insurance, Legal and Compliance Division--Jimmy G. Atkins, 333 Guadalupe, Tower I, 9th Floor, Austin, Texas.

If you wish to comment on the application to be a risk-assuming carrier, you must submit your written comments within 60 days after publication of this notice in the Texas Register to Gene C. Jarmon, Chief Clerk, Mail Code 113-2A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-91204. Upon consideration of the application, if the Commissioner is satisfied that all requirements of law have been met, the Commissioner or his designee may take action to approve the application to be a risk-assuming carrier.

TRD-200304170

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: July 10, 2003

Thursday, August 14, 2003, 1:00 p.m.

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

AGENDA

Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of the complaint of the Manufactured Housing Division of the Texas Department of Housing and Community Affairs vs. Sedona Homes, Inc. dba Sedona Homes to hear alleged violations of §6(m) (currently found at §1201.151 of the Occupations Code), §6(m)(1) (currently found at §1201.151(a) of the Occupations Code), and §6(m)(3) (currently found at §1201.151(b) of the Act by refusing to refund a deposit given by consumer after receiving written notice. SOAH 332-03-3723. Department MHD2003000883-RD.

Contact: Jim R. Hicks, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475-3578, jhicks@tdhca.state.tx.us

TRD-200304275

Timothy K. Irvine

Executive Director

Manufactured Housing Division

Filed: July 15, 2003

Wednesday, August 8, 2003, 1:00 p.m.

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

AGENDA

Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of the complaint of the Manufactured Housing Division of the Texas Department of Housing and Community Affairs vs. Buda Housing, Inc. dba Premier Homes to hear alleged violations of §6B(d) and §6B(e) (currently found at §1201.256(d) of the Occupations Code), §7(j)(3) (currently found at §1201.551(a)(3) of the Occupations Code), §7(j)(4) (currently found at §1201.551(a)(4) of the Occupations Code), §7(j)(6) (currently found at §1201.551(a)(6) of the Occupations Code), §§14(d)(1), 14(d)(2), 14(d)(3), 14(d)(4) (currently found at §1201.351 of the Occupations Code), §18(b) (currently found at §1201.603 of the Occupations Code), §18(d) (currently found at §1201.152 of the Occupations Code), §19(c) (currently found at §1201.206 of the Occupations Code), §19A(b) (currently found at §1201.222(b) of the Occupations Code), §19A(c) (currently found at §1201.222(c) of the Occupations Code), §20(a) (currently found at §1201.153 of the Occupations Code), and §21(a) (currently found at §1201.162 of the Occupations Code) of the Act and §§80.50(e), 80.54(c), 80.119(f), 80.123(b), and 80.180(b)(1), of the Rules by not properly submitting the Form T/installation report within 10 days of installation of a home, not having the consumer sign or deliver the Wind Zone notice to consumer at the time consumers agreed to purchase the home, not providing the site preparation notice to consumers, by not delivering the installation, manufacturer's, or the retailer's warranties, by selling/negotiating to sell a home which was not situated on a licensed sales location, by not delivering the Zoning and Restrictive Covenants disclosure statement, by selling a new manufactured home without surrendering the original manufacturer's certificate or applying for the issuance of a document of title, sold a manufactured home considered to be real property without being in a federally insured financial institution, title company, or an attorney at laws office, and by failing to deliver or have consumer sign the Formaldehyde Health Notice, document of title or property. SOAH 332-03-3676. Department MHD2003000537-DT and MHD2003001184-DT.

Contact: Jim R. Hicks, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475-3578, jhicks@tdhca.state.tx.us

TRD-200304185

Timothy K. Irvine

Executive Director

Manufactured Housing Division

Filed: July 11, 2003

Notice is hereby given of a public hearing to be held by the Manufactured Housing Division of the Texas Department of Housing and Community Affairs (the "Department") at 9:00 a.m. on Tuesday, August 26, 2003 at 507 Sabine Street, 4th Floor Boardroom, Austin, Texas 78701. The public hearing is to accept comments on proposed new §§80.116 - 80.118 to Title 10 Texas Administrative Code, Chapter 80 (West 2003) ("Rules"), concerning manufactured housing. The proposed new rules are scheduled for publication in the July 25, 2003 Texas Register .

All interested parties are invited to attend such public hearing to express their views with respect to the proposed amendments to the manufactured housing rules. Questions or requests for additional information may be directed to Sharon S. Choate at the Manufactured Housing Division of the Texas Department of Housing and Community Affairs, 507 Sabine Street, 10th Floor, Austin, Texas 78701, telephone (512) 475-2206, or email at schoate@tdhca.state.tx.us.

Persons who intend to appear at the hearing and express their views are invited to contact Sharon S. Choate in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their comments in writing to Sharon S. Choate prior to the date scheduled for the hearing. Written comments may be sent to the Manufactured Housing Division of the Texas Department of Housing and Community Affairs, P. O. Box 12489, Austin, Texas 78711-2489, faxed to (512) 475-4250, or emailed to schoate@tdhca.state.tx.us.

This notice is published and the above described hearing is to be held in satisfaction of the requirements of the Texas Manufactured Housing Standards Act, Occupations Code, Subtitle C, Chapter 1201 and Title 10 Texas Administrative Code (West 2003).

Individuals who require auxiliary aids for this meeting should contact Gina Arenas, ADA Responsible Employee, at (512) 475-3943, or Relay Texas at 1 (800) 735-2989 at least two days prior to the meeting so that appropriate arrangements can be made.

TRD-200304302

Timothy K. Irvine

Executive Director

Manufactured Housing Division

Filed: July 16, 2003

On July 7, 2003, KMC Telecom III, 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 60039C. Applicant intends to reflect a change in corporate structure and change its name.

The Application: Application of KMC Telecom III, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 28093.

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 30, 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 28093.

TRD-200304173

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 10, 2003

On July 8, 2003, NOW Communications, 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 60167. Applicant intends to reflect a change in ownership/control.

The Application: Application of NOW Communications, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 28094.

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 30, 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 28094.

TRD-200304174

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 10, 2003

On July 8, 2003, ITC^DeltaCom 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 60202. Applicant intends to reflect a change in ownership/control.

The Application: Application of ITC^DeltaCom for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 28096.

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 30, 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 28096.

TRD-200304175

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 10, 2003

On July 14, 2003, Southwestern Bell Telephone, LP doing business as SBC Texas and Sprint Spectrum, LP, 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 28117. 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 28117. 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 15, 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 28117.

TRD-200304285

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 15, 2003

On July 14, 2003, Southwestern Bell Telephone, LP doing business as SBC Texas and Sprint Communications Company, LP, 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 28118. 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 28118. 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 15, 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 28118.

TRD-200304286

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 15, 2003

On July 14, 2003, Southwestern Bell Telephone, LP doing business as SBC Texas and Grande River Telecom, LP, 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 28119. 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 28119. 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 15, 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 28119.

TRD-200304287

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 15, 2003

On July 14, 2003, Southwestern Bell Telephone, LP doing business as SBC Texas and GTE Mobilnet of South Texas Limited Partnership doing business as Verizon Wireless, 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 28121. 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 28121. 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 15, 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 28121.

TRD-200304288

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 15, 2003

On July 14, 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 28122. 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 28122. 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 15, 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 28122.

TRD-200304289

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 15, 2003

On July 14, 2003, Southwestern Bell Telephone, LP doing business as SBC Texas and Primeco Personal Communications, LP doing business as Verizon Wireless, 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 28123. 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 28123. 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 15, 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 28123.

TRD-200304290

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 15, 2003

On July 14, 2003, Valor Telecommunications of Texas, LP and FamilyTel of Texas, LLC, 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 28120. 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 28120. 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 15, 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 28120.

TRD-200304291

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 15, 2003

The staff of the Public Utility Commission of Texas (commission) will hold a workshop regarding proposed amendments to substantive rule §25.214, relating to Terms and Conditions of Retail Delivery Service Provided by Investor Owned Transmission and Distribution Utilities and the Tariff for Retail Delivery Service, Chapter 25, Appendix IV (Tariff) on Monday, August 4, 2003 at 1:00 p.m. in the Commissioners Hearing Room, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. These amendments are necessitated by the adoption of substantive rule §25.311, relating to Competitive Metering Services, which establishes the parameters for customer ownership of meters by commercial and industrial customers, and customer ownership of metering data. The commission does not anticipate amending the tariff for any other purpose. Project Number 27244, Rulemaking to Amend P.U.C. Subst. R. 25.214 and Pro-Forma Retail Delivery Tariff , has been established for this proceeding. Prior to the workshop, the commission requests that interested persons file comments regarding the Staff strawman rule. Parties are encouraged to submit redlined copies of proposed changes or amendments.

Responses may be filed by submitting 16 copies to the commission's Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, PO Box 13326, Austin, Texas 78711-3326 within seven days of the date of publication of this notice. All responses should refer to Project Number 27244.

An agenda for the workshop and a copy of the strawman rule will be available in Central Records under Project Number 27244 and through the Interchange on the commission's website at www.puc.state.tx.us no later than July 25, 2003.

Questions concerning the workshop or this notice should be referred to Nieves López at (512) 936-7307 or Shawnee Claiborn-Pinto at (512) 936-7388. 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.

TRD-200304271

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 15, 2003

Pursuant to the authority granted under Section 227.023 and Subchapter I, Chapter 361, Texas Transportation Code (the "Enabling Legislation"), the Texas Department of Transportation ("TxDOT") may enter into comprehensive development agreements for the financing, design, construction, maintenance, and/or operation of facilities on the Trans-Texas Corridor. The Enabling Legislation authorizes private involvement in Trans-Texas Corridor projects and provides a process for accepting and processing unsolicited proposals for such projects. Section 361.3022, Texas Transportation Code, prescribes requirements for an unsolicited proposal and requires TxDOT, if a decision is made to further evaluate the unsolicited proposal, to publish a request for competing proposals and qualifications in the Texas Register that includes the criteria that will be used to evaluate the original proposal and any competing proposals, the relative weight given to the criteria, and a deadline by which the competing proposals must be received. The Texas Transportation Commission ("Commission") has promulgated rules located at Title 43, Texas Administrative Code, §24.11 and §§27.1-27.5 (the "Rules"), governing the submission and processing of unsolicited proposals and providing for publication of notice that TxDOT is seeking competing proposals and qualifications for development of a Trans-Texas Corridor project with private involvement.

This notice represents the next step in the process of responding to an unsolicited proposal received by TxDOT on November 13, 2002 from Fluor Enterprises, Inc. to develop, finance, design, construct, maintain and/or operate a project comprised of a corridor extending from the Oklahoma border to the Mexico border. The project generally follows the I-35/I-37/I-69 priority corridor identified in the June 2002 Trans-Texas Corridor implementation plan adopted by the Commission, including facilities parallel to the I-35 corridor and parallel to portions of the I-37 and I-69 corridors to the extent necessary for connectivity and financing purposes. The proposed project includes tolled truck and vehicle lanes, high speed passenger rail, commuter rail, freight rail, and utility infrastructure. On June 26, 2003, in Minute Order 109298, the Texas Transportation Commission authorized TxDOT to commence the unsolicited proposal procurement process under Subchapter I, Chapter 361, Transportation Code.

Through this notice, TxDOT is seeking competitive proposals and qualifications submittals ("PQS") in response to a request for competing proposals and qualifications ("RFPQ"). TxDOT intends to evaluate the unsolicited proposal submitted by Fluor Enterprises, Inc. and may request submission of a detailed proposal, potentially leading to negotiation, award, and execution of a comprehensive development agreement. TxDOT will accept for simultaneous consideration any PQS received in accordance with the Rules within 60 days of the publication of this notice. TxDOT anticipates issuing the RFPQ, receiving and analyzing the PQSs, developing a shortlist of proposing consortia and issuing a request for detailed proposals ("RFDP") to that shortlisted group. After review and a best value evaluation of the RFDP responses, TxDOT may negotiate and enter into a comprehensive development agreement for the project.

RFPQ Evaluation Criteria. PQSs shall be evaluated by TxDOT for shortlisting purposes using the following general criteria: relative strength and depth of entity qualifications, personnel qualifications, financial qualifications and legal qualifications; relative strength, feasibility and desirability of the proposed preliminary project development plan; and relative strength, feasibility and desirability of the proposed preliminary project business plan. The specific criteria under the foregoing subcategories will be identified in the RFPQ, as will the relative weighting of the criteria.

Release of RFPQ and Due Date. TxDOT currently anticipates that the RFPQ will be available on July 25, 2003. Copies of the RFPQ will be available at TxDOT's offices: Texas Department of Transportation, 125 East 11th Street, 5th Floor, Austin, Texas 78701, or on the following website: http://www.dot.state.tx.us. PQSs will be due on September 23, 2003.

TRD-200304321

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: July 16, 2003

The Texas Department of Transportation (department) requests proposals from law firms interested in providing legal representation required by the department and the Texas Transportation Commission (commission) with respect to tax exempt bond matters. The legal representation required by the commission and the department includes the usual and necessary services of a bond counsel in connection with the issuance, sale, and delivery of bonds and notes on which the interest is excludable from gross income under existing federal tax law. The department's general counsel will make the selection of bond counsel.

The commission is granted powers to issue revenue bonds for transportation projects on behalf of the department, a state agency. The commission may issue bonds and other public securities under: (1) Chapter 227, Transportation Code, for the development of facilities on the Trans-Texas Corridor; (2) Chapter 91, Transportation Code, for the development of department rail facilities; (3) Section 222.003, Transportation Code, which authorizes the issuance of bonds and other public securities secured by a pledge of and payable from revenue deposited to the credit of the state highway fund, the proceeds of which can be used to fund state highway improvement projects; (4) Chapter 361, Transportation Code, for the development of turnpike projects on the state highway system; (5) Subchapter M, Chapter 201, Transportation Code, which authorizes the issuance of bonds, notes, and other public securities secured by money in the Texas Mobility Fund, the proceeds of which can be used to fund state highway improvement projects, publicly owned toll roads, and other public transportation projects; and (6) Subchapter D, Chapter 222, Transportation Code, which authorizes the commission to issue bonds to provide money for the capitalization of the State Infrastructure Bank.

The commission and the department will need the services of bond counsel with respect to the issuance of bonds and other public securities under one or more of foregoing programs. The department invites responses to this request for proposals from qualified firms that can demonstrate competence and expertise in providing bond counsel services and advice to governmental agencies that issue revenue and general obligation bonds. Extensive prior experience in providing legal services related to tax exempt bond matters is required.

Responses to the request for proposals will be evaluated using the following general criteria: the firm's qualifications, expertise, and experience in providing bond counsel services to governmental agencies that issue revenue and general obligation bonds, particularly for transportation projects, the expertise of the attorneys who will be assigned to work on such matters, and information relative to the capabilities and resources of the firm's offices, including the physical resources that would be assigned to the department. The specific criteria under the foregoing categories will be identified in the request for proposals.

Copies of the request for proposals are available at the offices of the department's Office of General Counsel, 125 East 11th Street, Austin, Texas 78701, or will be provided by facsimile or email to each firm providing a written notice that it desires to respond. For questions, please telephone Jack Ingram, Associate General Counsel at (512) 463-8630.

Deadline for Submission of Response: All proposals must be received by the Office of General Counsel of the Texas Department of Transportation at the previously stated address no later than 5:00 p.m., Friday, August 15, 2003.

TRD-200304320

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: July 16, 2003

The Texas Department of Transportation (department) requests proposals from law firms interested in providing legal representation required by the department and the Texas Transportation Commission (commission) with respect to the innovative financing and development of transportation projects, including the use of public/private partnerships. The department's general counsel will make the selection of outside counsel.

Description: The department is a state agency granted powers under Chapter 227, Texas Transportation Code, to plan and construct a new set of intermodal transportation facilities that will be known as the Trans-Texas Corridor and that will integrate highway, rail, and utility components. The department is also authorized under Chapter 361, Texas Transportation Code, to construct, maintain, repair, operate, extend or expand turnpike projects on the state highway system. Section 227.023 and Subchapter I, Chapter 361, Texas Transportation Code, authorize the department to enter into comprehensive development agreements with private entities for the acquisition, financing, design, construction, maintenance, and/or operation of facilities on the Trans-Texas Corridor and department turnpike projects. The department, when entering into a comprehensive development agreement, is required to use a competitive procurement process that provides the best value for the department. The department may solicit proposals or accept unsolicited proposals for a proposed project. A comprehensive development agreement may provide for public/private partnerships, including the issuance of franchises.

The department will engage outside counsel to provide legal advice and assistance to the commission and the department in connection with the development of transportation projects, comprehensive development agreements, and other public/private partnerships. Outside Counsel will be required to provide advice and counsel to the department in these areas, including providing legal advice and support on the terms of comprehensive development agreements and drafting and administering comprehensive development agreements, as well as legal advice and support on issues involved in developing public/private partnerships for the development of transportation projects, including procurement processes and innovative financing options. The department invites responses to this request for proposals from qualified firms for the provision of legal services under the direction and supervision of the department's Office of General Counsel. Outside counsel engaged by the department must demonstrate competence and expertise in the foregoing areas. Extensive prior experience in providing legal services related to public/private partnerships for the development of transportation projects and the innovative financing of those projects is required.

Responses: Responses to the request for proposals may be submitted by an individual law firm, attorney, or joint venture between two or more law firms and/or attorneys. Responses to the request for proposals should include at least the following information: (1) a description of the firm's qualifications for performing the foregoing legal services; (2) the names, experience, education, and expertise of the attorneys who will be assigned to work on such matters, and the availability of the lead attorney and other firm personnel who will be assigned to work on these matters, along with appropriate information regarding efforts made by the firm to encourage and develop the participation of minorities and women in the provision of these legal services; (3) information relative to the capabilities and resources of the firm's offices, including a summary of physical resources that would be assigned to the department, and an organizational chart indicating the relevant areas of responsibility of each attorney assigned to work on these matters; (4) the submission of fee information (either in the form of hourly rates for each attorney and paralegal who will be assigned to perform services in relation to these matters, comprehensive flat fees, or other fee arrangements directly related to the achievement of specific goals and cost controls) and billable expenses; (5) an abstract of the firm's cost control procedures and how it charges for its services; (6) a comprehensive description of the procedures used by the firm to supervise the provision of legal services in a timely and cost effective manner; (7) disclosures of conflicts of interest (identifying each and every matter in which the firm has, within the past calendar year, represented any entity or individual with an interest adverse to the Texas Department of Transportation, or to the State of Texas or any of its boards, agencies, commissions, universities, or elected or appointed officials); and (8) confirmation of willingness to comply with the rules, policies, directives, and guidelines of the department, the commission, and the Attorney General of the State of Texas.

Format and Person to Contact: Four copies of the proposal are requested. The proposal should be typed, preferably double spaced, on 8 1/2 x 11 inch paper with all pages sequentially numbered, and either stapled or bound together. They should be sent by mail or delivered in person, marked "Response to Request for Proposal" and addressed to Richard D. Monroe, General Counsel, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701-2483. For questions, please telephone Jack Ingram, Associate General Counsel at (512) 463-8630.

Deadline for Submission of Response: All proposals must be received by the Texas Department of Transportation at the previously stated address no later than 5:00 p.m., August 15, 2003.

TRD-200304319

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: July 16, 2003