TITLE in-addition

Office of the Attorney General

Texas Health and Safety Code Settlement Notice

The State of Texas hereby gives notice of the proposed resolution of an environmental enforcement lawsuit brought pursuant to Chapter 341, Subchapter C, of the Texas Health and Safety Code. The Attorney General will consider any written comments regarding the proposed agreed judgment.

Case Title and Court: The State of Texas v. Jack Graves, Individually and d/b/a Graves' Long Mountain R.V. Park ; No. 9706008 in the 250th Judicial District, Travis County, Texas.

Nature of Suit: This suit concerns a public drinking water system at the Graves' Long Mountain R.V. Park, Public Water System No. 1500023, owned by Graves, located in Llano County, Texas.

Proposed Agreed Judgment and Permanent Injunction: The proposed Agreed Final Judgment and Permanent Injunction disposes of all parties and all claims in this cause. The Agreed Final Judgment and Permanent Injunction requires Defendant to pay $11,300.00 in civil penalties and $3,000.00 in attorneys' fees.

For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment and Permanent Injunction should be reviewed. Requests for copies of the judgment and written comments on the proposed settlement should be directed to Tracy J. Andrews, Assistant Attorney General, Office of the Texas Attorney General, P. O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911. Written comments must be received within 30 days of publication of this notice to be considered.

For information regarding this publication, you may contact A.G. Younger, Agency Liaison, at 512-463-2110.

TRD-200303488

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: June 11, 2003


Coastal Coordination Council

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

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for these activities extends 30 days from the date published on the Coastal Coordination Council web site. Requests for federal consistency review were deemed administratively complete for the following projects during the period of May 30, 2003, through June 5, 2003. The public comment period for these projects will close at 5:00 p.m. on July 11, 2003.

FEDERAL AGENCY ACTIONS:

Applicant: Valero Logistics Operations, Inc.; Location: The project originates in the Valero Refinery located at 5900 Up River Road, Corpus Christi, Texas, and ends at the Odem Meter Station on FM 1704, approximately 5.5 miles south of intersection Highway 181. The project can be located on the U.S.G.S. quadrangle map entitled: Estes, Texas. Approximate UTM Coordinates: Zone 14; Easting: 649000; Northing: 3078154. Project Description: The applicant proposes to construct an 8" pipeline from the Valero Refinery to the Odem Meter Station. The pipeline consists of a total of approximately 44,000 feet of 8" steel pipe. Three types of construction will be involved: directionally drilled crossings, marine construction, and mainline land construction. One directional drill of approximately 4,400 lineal feet will be performed with the drill entry in the Valero West Refinery and the drill exit in Nueces Bay. The pipe to be installed will be trucked to the contractor's dock and transferred to a deck barge. The pipe barge along with the pipe lay barge and spud barge with dragline/crane will be towed via the Gulf Intracoastal Waterway (GIWW), Corpus Christi Ship Channel, and existing barge canals to the drill exit site. All vessels employed will be shallow draft. The drill exit will be pre-dug and drilling will commence in the Valero Refinery. The drill exit will be enclosed on three sides by silt screens. The pipe string will be fabricated and pre-tested prior to pull-back. Water for the pre-test will be fresh water barged to the site. When the pre-tested section is dewatered, the water will be returned to the barge for pre-testing of the North Shore approach drill section. The drilling operation in the Valero Refinery will be performed after the drill entry site has been prepared and silt fencing installed on the down slope side of the site. The pilot hole will be drilled and reamed. The pipe section will then be pulled back to the Valero Refinery. Water for the drilling operation will be available from the Refinery. Bentonite will be mixed in tanks and pumped through the pipe to return the drill cuttings. Once this operation is complete, the drill rig will be moved to the drill site on the North Shore and the operation will be repeated there. The section in Nueces Bay between the two drill exits will be constructed in the same manner as the drill sections and tied into the drill sections. The Bay section will be buried with three feet of cover by jetting. The remainder of the pipeline is in uplands and is non-jurisdictional. The proposed work will avoid impacts to seagrasses, wetlands, and oyster beds. CCC Project No.: 03-0181-F1; Type of Application: U.S.A.C.E. permit application #23057 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §125-1387). NOTE: The consistency review for this project may be conducted by the Texas Railroad Commission as part of its certification under §401 of the Clean Water Act.

Applicant: Gulf Marine Fabricator's; Location: The project is located in Redfish Bay, on the Gulf Intracoastal Waterway (GIWW), north of the Corpus Christi Ship Channel 248 FM 1069 Ingleside, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Port Ingleside, Texas. Approximate UTM Coordinates: Zone 14; Easting: 677923; Northing: 3079615. Project Description: The applicant proposes to enlarge the previously permitted deep hole basin at their facility, and dredge an area that is 177,450 square feet larger than the deep hole that was permitted in the 21175(06) amendment. The proposed additional dredge area is oriented approximately 35 degrees across the previously permitted deep hole and GIWW. The additional area to the north of the GIWW would be dredged to a depth of - 86 ft Mean Lower Low Tide. The area to the south off the GIWW would be dredged to a depth of -50 feet MLLT. Approximately 112,300 CY of sand would be excavated and placed into the Port of Corpus Christi Authority Dredged Material Placement Area 10. CCC Project No.: 03-0190-F1; Type of Application: U.S.A.C.E. permit application #21175(07) is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).

FEDERAL AGENCY ACTIVITIES:

Applicant: U.S. Dept. of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service. Location: The project is in the Western Atlantic, Gulf of Mexico, Caribbean. Project Description: This emergency rule would implement annual quotas of 783 metric tons (mt) dressed weight (dw) and 931 mt dw for the commercial ridgeback and non-ridgeback large coastal shark fisheries, respectively, and implement an annual quota of 326 mt dw for the commercial small coastal shark fishery. It would also suspend the regulation regarding the commercial ridgeback large coastal shark minimum size. CCC Project No.: 02-0182-F2; Type of Application: Proposed extension of emergency rule to implement management measures in the Atlantic Shark Fisheries consistent with the 2002 Stock Assessments (I.D. 120902A). NOTE: The CMP consistency review for this project may be conducted by the Texas Parks and Wildlife Department.

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

Further information on the applications listed above may be obtained from Ms. Diane P. Garcia, Council Secretary, Coastal Coordination Council, P.O. Box 12873, Austin, Texas 78711-2873, or diane.garcia@glo.state.tx.us. Comments should be sent to Ms. Garcia at the above address or by fax at (512) 475-0680.

TRD-200303512

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: June 11, 2003


Comptroller of Public Accounts

Notice of Award

Notice of Request for Proposals: Pursuant to Chapter 2254, Subchapter B, and Chapter 403, Section 403.028, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces this notice of consulting contract awards in connection with Request for Proposals (RFP #154a) to assist the Comptroller in conducting Medicaid Registered Nurse utilization reviews:

A contract was awarded to: E. Ponson Consulting, 806 Hollybluff Street, Austin, Texas 78753. The total amount of this contract is not to exceed $60,000.00. The term of the contract is May 22, 2003 through September 30, 2003.

A contract was awarded to: HealthWatch Technologies, Inc. (HWT, Inc.), 2 Monument Square, 4th Floor, Portland, Maine 04101. The total amount of this contract is not to exceed $60,000.00. The term of the contract is June 4, 2003 through September 30, 2003.

The project reviews will be completed on or before September 30, 2003.

The notice of request for proposals (RFP #154a) was published in the February 28, 2003, issue of the Texas Register at (28 TexReg 1965).

TRD-200303469

William Clay Harris

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: June 10, 2003


Request for Information

Pursuant to Chapters 2305 and 403, Texas Government Code, the Office of the Comptroller of Public Accounts (Comptroller), on behalf of the State Energy Conservation Office (SECO) Codes and Standards Program (CSP), issues this Request for Information (RFI #156c) from vendors to participate in providing detailed visual and comprehensive training and education on the installation of specific construction components to ensure compliance with residential and commercial building energy codes adopted in Texas. The purpose of this RFI is to gather information from qualified entities interested in assisting Comptroller in providing comprehensive, web-based training and educational workshops on the afore-mentioned codes in Texas, including use of visual techniques to demonstrate the installation of different building materials during construction in compliance with the codes.

Comptroller and SECO are interested in providing a series of up to forty (40) residential energy code training sessions on the statewide energy code, the 2000 International Energy Conservation code, including the 2001 Supplement, and Chapter II of the 2000 International Residential Code. The training series must include the topics of mold prevention techniques and building science technology. Comptroller and SECO are further interested in providing a training series on the commercial energy code, based on the American Society of Heating, Refrigeration, and Air-Conditioning Engineers (ASHRAE) Standard 90.1.

Contact and Deadline: Parties interested in submitting information in response to this RFI should contact Felix Lopez, State Energy Conservation Office, Comptroller of Public Accounts, 111 E. 17th St., Room 1114, Austin, Texas, 78744, telephone number: (512) 463-1080, no later than 5:00 p.m. Central Zone Time (CZT), on or before Monday, July 7, 2003. All written inquiries and questions must be received at the location specified above, prior to 5:00 p.m. (CZT) on the deadline set forth above in order to be considered. All responses to this RFI must be submitted no later than 5:00 p.m. (CZT), on Monday, July 21, 2003. Respondents are solely responsible for ensuring timely receipt of all responses at the location set forth above on or before the deadline; responses received after this time and date will not be considered .

Responses: Comptroller and SECO reserve the right, in their sole judgment and discretion, to accept or reject any or all responses received. Responses received by the deadline will be subject to evaluation by Comptroller, SECO, and/or a committee and all responses shall become the property of SECO and Comptroller. SECO may use all or part of responses to prepare subject solicitations in response to this RFI. Responses will be public information and available to any requester. This is not a solicitation for a contract. If SECO decides to procure these services, SECO shall issue a subsequent solicitation for these or similar services in accordance with state procurement laws. Neither Comptroller nor SECO is under any legal or other obligation to issue any solicitation or execute a contract or make any selection on the basis of this notice or any responses received as a result of the issuance of this RFI. Neither SECO nor Comptroller shall pay for any costs incurred by any Respondent, or any other entity in responding to this RFI. All Respondents must include the following items in the following order in their responses to this RFI:

* Respondent Information. Respondents must provide their full name and address, contact persons names, phone, fax number, and e-mail address, including a list of proposed personnel who would be involved in the project;

* Description of Services. Respondents must provide a brief statement of the services to be provided, including development of the web-based training modules via the internet on the codes and standards set forth above and ability to develop all materials, including a description of respondent's demonstrated experience and qualifications in providing similar services; a statement of respondent's most competitive cost-estimate to develop and implement the training series, including creative ideas to secure additional funding; and description of how respondent would develop and implement the training series, including a timeline or schedule for implementation; and

* Additional Services. Respondents must also provide a brief description of how respondent would provide follow-up services and maintenance to ensure trouble-free operation of the program via the internet and a brief statement of why respondent would be the best entity or organization to provide such services to the Comptroller and State of Texas.

TRD-200303474

William Clay Harris

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: June 10, 2003


Request for Proposals

Pursuant to Chapters 403, 2305; and Chapter 2254, Subchapter A, Texas Government Code, the Comptroller of Public Accounts (Comptroller), State Energy Conservation Office (SECO) announces the issuance of its Request for Proposals (RFP #156d) for energy engineering services from qualified independent firms and qualified energy engineers, to provide energy engineering services for the LoanSTAR Low Interest Loan Program (Program). Successful Respondent(s) will be asked to assist Comptroller in performing energy engineering services and assist in conducting monitoring activities required by the Program. Successful Respondent(s) will be expected to begin performance of any contract(s) resulting from this RFP on or about September 1, 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. The RFP will be available for pick-up at the above-referenced address on Friday, June 20, 2003, after 10:00 a.m., Central Zone Time (CZT), and during normal business hours thereafter. Comptroller also plans to place the RFP on the Texas Marketplace after Friday, June 20, 2003, 10:00 a.m. (CZT). All written inquiries and Non-Mandatory Letters of Intent must be received at the above-referenced address no later than 2:00 p.m. (CZT) on Friday, July 11, 2003 . Non-Mandatory Letters of Intent must be addressed to Clay Harris, Assistant General Counsel, Contracts, and must be signed by an authorized representative of each entity. All responses to questions will be posted electronically on Tuesday, July 15, 2003, on the Texas Marketplace at: http://www.texasmarketplace.state.tx.us. Prospective respondents are encouraged to fax the Letters of Intent and Questions to (512) 475-0973 to ensure timely receipt. Non-Mandatory Letters of Intent and Questions received after the deadline will not be considered.

Closing Date: Proposals must be received in the Assistant General Counsel, Contracts Office at the location specified above (ROOM G-24) no later than 2:00 p.m. (CZT), on Friday, July 25, 2003. Proposals received after this time and proposals submitted by facsimile will not be considered; respondents shall be solely responsible for verifying timely receipt of proposals and all required copies in the Issuing Office by the deadline.

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. Comptroller reserves the right to accept or reject any or all proposals submitted. Comptroller is under no legal obligation to execute any contracts on the basis of this notice or the distribution of any RFP. Comptroller shall pay for no costs incurred by any entity in responding to this Notice or the RFP.

The anticipated schedule of events is as follows: Issuance of RFP - Friday, June 20, 2003, 10:00 a.m. CZT; Non-Mandatory Letters of Intent and Questions Due - Friday, July 11, 2003, 2:00 p.m. CZT; Posting of Official Responses to Questions - Tuesday, July 15, 2003; Proposals Due - Friday, July 25, 2003, 2:00 p.m. CZT; Contract Execution - September 1, 2003, or as soon thereafter as practical; Commencement of Project Activities - September 1, 2003, or as soon thereafter as practical.

TRD-200303475

William Clay Harris

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: June 10, 2003


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the period of 06/16/03 -- 06/22/03 is 18% for Consumer 1 /Agricultural/Commercial 2 /credit thru $250,000.

The weekly ceiling as prescribed by Sections 303.003 and 303.09 for the period of 06/16/03 -- 06/22/03 is 18% for Commercial over $250,000.

1 Credit for personal, family or household use.

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

TRD-200303493

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: June 11, 2003


Texas Department of Criminal Justice

Amendment to Solicitation 696-FD-3-B031

DESCRIPTION OF AMENDMENT

Bid Documents can be purchased from The Texas Department of Criminal Justice at a cost of $50.00 (Fifty Dollars) (non-refundable) per set, inclusive of mailing/delivery costs. Payment checks for documents should be made payable to the Texas Department of Criminal Justice .

The check payment should be mailed to Attn: Thomas Ossowski, Texas Department of Criminal Justice, Two Financial Plaza, Ste. 525, Huntsville, Texas 77340. In the memo section of the check put the Solicitation Number: 696-FD-3-B031.

TRD-200303404

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: June 5, 2003


Notice to Bidders

The Texas Department of Criminal Justice invites bids for the construction of Water and Sanitary Sewer Improvements at Huntsville, Texas. The project consists of construction of improvements to the water storage and distribution systems and wastewater facilities at the existing Ellis Unit, Huntsville, Texas. The work includes civil, architectural, mechanical, electrical, plumbing, structural, concrete and steel as further shown in the Contract Documents prepared by Lockwood, Andrews & Newnam, Inc.

The successful bidder will be required to meet the following requirements and submit evidence within five days after receiving notice of intent to award from the Owner:

A. Contractor must have a minimum of five (5) consecutive years of experience as a General Contractor and provide references for at least three projects that have been completed of a dollar value and complexity equal to or greater than the proposed project.

B. Contractor must be bondable and insurable at the levels required.

Contractors are required to submit a HUB Subcontracting Plan as detailed in Exhibit I. Failure to submit a completed HUB Subcontracting Plan will result in the bid being rejected from further consideration.

All Bid Proposals must be accompanied by a Bid Deposit in the amount of 5% of greatest amount bid. Performance and Payment Bonds in the amount of 100% of the contract amount will be required upon award of a contract. The Owner reserves the right to reject any or all bids, and to waive any informality or irregularity.

Bid Documents can be purchased from the Architect/Engineer at a cost of $120.00 (One hundred twenty dollars), non-refundable, per set, inclusive of mailing/delivery costs, or they may be viewed at various plan rooms. Payment checks for documents should be made payable and sent to the Architect/Engineer:

Lockwood, Andrews & Newnam, Inc., 2925 Briarpark Drive, Houston, Texas 77042, Attn: Chuck Hewell . Phone: 713 821-0398; Fax: 713 266-8971.

A Pre-Bid conference will be held at 10:00 a.m. on July 16, 2003 at the Ellis Unit, Huntsville, Texas, followed by a site-visit. ONLY ONE SCHEDULED SITE VISIT WILL BE HELD FOR REASONS OF SECURITY AND PUBLIC SAFETY; THEREFORE, BIDDERS ARE STRONGLY ENCOURAGED TO ATTEND.

Bids will be publicly opened and read at 2:00 p.m. on July 30, 2003 , in the Contracts and Procurement Conference Room located in the West Hill Mall, Suite 525, Two Financial Plaza, Huntsville, Texas.

The Texas Department of Criminal Justice requires the Contractor to make a good faith effort to include Historically Underutilized Businesses (HUB's) in at least 57.2% of the total value of this construction contract award. Attention is called to the fact that not less than the minimum wage rates prescribed in the Special Conditions must be paid on these projects.

TRD-200303429

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: June 6, 2003


Notice to Bidders

The Texas Department of Criminal Justice invites bids for the construction of Boiler Modification at The Huntsville Unit, Huntsville, Texas. The project consists of removal of existing boilers, as well as steam supply and condensate lines, pumps and controls, at the existing Huntsville Unit, 815 12th. Street, Huntsville, Texas. The project also includes the Contractor to install new boilers, steam supply and condensate lines, pumps, controls, as described in the Contract documents.

The successful bidder will be required to meet the following requirements and submit evidence within five days after receiving notice of intent to award from the Owner:

A. Contractor must have a minimum of five (5) consecutive years of experience as a General Contractor and provide references for at least three projects that have been completed of a dollar value and complexity equal to or greater than the proposed project.

B. Contractor must be bondable and insurable at the levels required.

Contractors are required to submit a HUB Subcontracting Plan as detailed in Exhibit I. Failure to submit a completed HUB Subcontracting Plan will result in the bid being rejected from further consideration.

All Bid Proposals must be accompanied by a Bid Deposit in the amount of 5% of greatest amount bid. Performance and Payment Bonds in the amount of 100% of the contract amount will be required upon award of a contract. The Owner reserves the right to reject any or all bids, and to waive any informality or irregularity.

Bid Documents can be purchased from the Architect/Engineer at a cost of $100.00 (One Hundred Dollars, non-refundable) per set, inclusive of mailing/delivery costs, or they may be viewed at various plan rooms. Payment checks for documents should be made payable to the Architect/Engineer:

Halff Associates, 8616 Northwest Plaza Drive, Dallas, Texas 75225, C/O Russel Wing AIA. Phone: (214) 346-6200 Fax: (214) 739-0095.

A Pre-Bid conference will be held at 11:00AM on July 1, 2003 at the Huntsville Unit, Huntsville Texas, followed by a site-visit. ONLY ONE SCHEDULED SITE VISIT WILL BE HELD FOR REASONS OF SECURITY AND PUBLIC SAFETY; THEREFORE, BIDDERS ARE STRONGLY ENCOURAGED TO ATTEND.

Bids will be publicly opened and read at 2:00PM on July 17, 2003 , in the Contracts and Procurement Conference Room located at Two Financial Plaza, Suite 525, Huntsville, Texas.

The Texas Department of Criminal Justice requires the Contractor to make a good faith effort to include Historically Underutilized Businesses (HUB's) in at least 26.1% of the total value of this construction contract award. Attention is called to the fact that not less than the minimum wage rates prescribed in the Special Conditions must be paid on these projects.

TRD-200303430

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: June 6, 2003


Notice to Bidders

The Texas Department of Criminal Justice invites bids for the construction of the Montford Western Regional Medical Facility (WRMF) Expansion #11863 at Lubbock, Texas. The project consists of new construction of a 44 bed nursing unit and physical therapy suite at the existing Montford Unit, 8602 Peach Street, Lubbock, TX 79404. The work includes one story construction. The building structures are engineered steel structures on concrete slab. Included in this work will be architectural, mechanical, electrical, security, and related site work as shown in the Contract Documents prepared by the Vandergriff Group.

The successful bidder will be required to meet the following requirements and submit evidence within five days after receiving notice of intent to award from the Owner:

A. Contractor must have a minimum of 5 consecutive years of experience as a General Contractor and provide references for at least three projects that have been completed of a dollar value and complexity equal to or greater than the proposed project.

B. Contractor must be bondable and insurable at the levels required.

Contractors are required to submit a HUB Subcontracting Plan as detailed in Exhibit I. Failure to submit a completed HUB Subcontracting Plan will result in the bid being rejected from further consideration.

All Bid Proposals must be accompanied by a Bid Deposit in the amount of 5% of greatest amount bid. Performance and Payment Bonds in the amount of 100% of the contract amount will be required upon award of a contract. The Owner reserves the right to reject any or all bids, and to waive any informality or irregularity.

Bid Documents can be purchased from the Architect/Engineer at a cost of $200.00, non-refundable , per set, inclusive of mailing/delivery costs, or they may be viewed at various plan rooms. Payment checks for documents should be made payable to the Architect/Engineer:

Vandergriff Group, 312 N. Big Springs, Suite 100, Midland, Texas 79701 . Phone: (915) 687-0781; Fax: (915) 687-5205

A Pre-Bid conference will be held at 9:00 AM on July 1, 2003 at the Montford Unit, Lubbock, Texas, followed by a site-visit. ONLY ONE SCHEDULED SITE VISIT WILL BE HELD FOR REASONS OF SECURITY AND PUBLIC SAFETY; THEREFORE, BIDDERS ARE STRONGLY ENCOURAGED TO ATTEND. Bids will be publicly opened and read at 2:00 PM on July 17, 2003 , in the Contracts and Procurement Conference Room located at Two Financial Plaza, Suite 525, Huntsville, Texas. The Texas Department of Criminal Justice requires the Contractor to make a good faith effort to include Historically Underutilized Businesses (HUB's) in at least 26.1% of the total value of this construction contract award. Attention is called to the fact that not less than the minimum wage rates prescribed in the Special Conditions must be paid on these projects.

TRD-200303467

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: June 10, 2003


Texas Council for Developmental Disabilities

Request for Proposals--Local Transportation and Mobility Initiatives

This announces the availability of funds to be awarded on behalf of the Texas Council for Developmental Disabilities (TCDD) to increase reliable and accessible local transportation and mobility by promoting and supporting the full participation of people with disabilities in local transportation planning. TCDD has funded a transportation project for the past three years and plans to build upon those outcomes and experiences with this project. Building and supporting local transportation alliances has proven to be effective in several urban areas in Texas and one largely rural region in East Texas. This RFP proposes to establish alliances in other regions in the state and to demonstrate additional models that might be successful in increasing transportation and mobility options for people with disabilities. Activities proposed under this RFP should be in those areas of the state where at least limited transportation services are available. TCDD expects the results to be an increase in reliable and accessible local transportation and mobility options by promoting and supporting the full participation of people with disabilities in local transportation planning.

One project will be funded for up to three years under this announcement. TCDD reserves the right to not fund any proposals under this announcement. Funding for years two and three will be contingent upon an annual review of performance and the availability of funds. The expected start date will be November 1, 2003.

Estimated funding to be determined, but not to exceed $200,000 for the first year budget period and $200,000 annually for each 12-month budget period for years two and three.

Eligible applicants include entities which have shown an ability to address the transportation and mobility needs of people with disabilities in Texas including organizations that are public agencies, private nonprofit agencies, private for profit organizations, and universities. Applicants shall be the organization that will provide the administrative functions for the grants and which will receive, disburse, and account for grant funds.

Applicants must provide at least 25% of total project expenses from nonfederal sources for the first year. Project activities located in counties designated as federal poverty areas require a minimum of 10% matching resources. An increasing match in subsequent years is required and will be negotiated with TCDD.

To receive an application packet, please submit a mail, fax or E-mail request to Carl Risinger, Grants Management Director, Texas Council for Developmental Disabilities, 6201 E. Oltorf Street, Suite 600, Austin, Texas, 78741-7509, (512) 437-5432 (voice) or (512) 437-5434 (fax), E-mail TXDDC@txddc.state.tx.us. This information also may be obtained through TCDD's website at http://www.txddc.state.tx.us. The completed application packet should be submitted electronically, and one hard copy with the original signatures must be mailed or hand delivered. Application packets cannot be faxed.

Deadline: Proposals will be accepted by mail or in person at the Texas Council for Developmental Disabilities, 6201 E. Oltorf Street, Suite 600, Austin, Texas 78741-7509 until 4:00 p.m. on August 5, 2003. Faxed copies will not be accepted.

TRD-200303506

Roger A. Webb

Executive Director

Texas Council for Developmental Disabilities

Filed: June 11, 2003


Request for Proposals--Marketing Related Services

This announces the availability of funds to be awarded on behalf of the Texas Council for Developmental Disabilities for a grant for the marketing of TCDD projects and activities focused on initiatives for people with developmental disabilities.

The purpose of the Request for Proposal is to solicit assistance for TCDD in its efforts to:

1) market TCDD projects and activities, including creating, implementing, and evaluating marketing plans for selected TCDD grantees, producing and distributing products or ideas for selected TCDD grantees, and producing and distributing products or ideas that would promote TCDD and its work;

2) develop and teach a workshop for TCDD grantees and staff on basic marketing strategies and techniques for non-profit organizations; and

3) develop a training packet that TCDD staff can use to train new grantees on basic marketing strategies.

TCDD expects the result to be an increase in the impact and sustainability of grant projects funded by TCDD and other TCDD activities. A natural component of this is to improve the perceptions of target audiences regarding individuals with disabilities and to positively impact their perceptions about the lives of people with disabilities.

One project will be funded under this announcement for up to three years based on a competitive submission of proposals from applicants. TCDD reserves the right to not fund any proposal under this announcement. Funding for years two and three will be contingent upon an annual review of performance, availability of federally funding and TCDD funding priorities. The expected start date for the project is November 1, 2003.

Eligible applicants include organizations that are public agencies, private nonprofit agencies, private for profit organizations, and universities. TCDD is particularly interested in entities that are full-service advertising agencies; marketing and public relations firms providing account services, media planning and buying; and other creative service agencies and organizations in Texas. Applicants shall be the organization that will provide the administrative functions for the grants and which will receive, disburse, and account for grant funds.

Applicants must provide at least 25% of total project expenses from nonfederal sources for the first year. Project activities located in counties designated as federal poverty areas require a minimum of 10% matching resources. An increasing match in subsequent years is required and will be negotiated with TCDD.

To receive an application packet containing the full request for proposal, application form and instructions, please submit a mail, fax or E-mail request to Carl Risinger, Grants Management Director, Texas Council for Developmental Disabilities, 6201 E. Oltorf Street, Suite 600, Austin, Texas, 78741-7509, (512) 437-5432 (voice) or (512) 437-5434 (fax), E-mail TXDDC@txddc.state.tx.us. This information also may be obtained through TCDD's website at http://www.txddc.state.tx.us. The completed application packet should be submitted electronically, and one hard copy with the original signatures must be mailed or hand delivered. Application packets cannot be faxed.

Deadline: Proposals will be accepted by mail or in person at the Texas Council for Developmental Disabilities, 6201 E. Oltorf Street, Suite 600, Austin, Texas 78741-7509 until 4:00 p.m. on August 5, 2003. Faxed copies will not be accepted.

TRD-200303507

Roger A. Webb

Executive Director

Texas Council for Developmental Disabilities

Filed: June 11, 2003


Request for Proposals--Positive Behavioral Supports

The Texas Council for Developmental Disabilities (TCDD) announces the availability of funds for up to three new projects. The Texas Council for Developmental Disabilities is established by and funded under state and federal law and is responsible for promoting the development of supports and services necessary for individuals with developmental disabilities to be fully included in their communities. The Council is responsible for developing a federally approved State Plan and approving grant projects to carry out objectives and activities in the State Plan. The Council has a commitment to support projects that will be carried out by organizations who share the Council's vision and values.

This announces the availability of funds be awarded on behalf of the Texas Council for Developmental Disabilities for up to three new projects to establish programs for Positive Behavioral Supports. Each program will recruit, train, and support individuals to provide positive behavioral supports to individuals with diverse needs living in communities throughout Texas. The individuals trained should expect to commit to continue to work with or for public school districts or other applicable well-established organizations for at least five years after the completion of the training.

The purpose of this Request for Proposals is to recruit, train and support individuals to provide comprehensive positive behavioral supports, on a consultative basis through public school districts and community organizations that provide supports and services to children and adults. The projects will provide both classroom training and fieldwork experiences for participants. In addition, the projects will provide training for the participants to teach positive behavioral supports techniques to others through a conference. Conference participants shall include parents of children with behavioral concerns, day care providers, and other community organizations who work with individuals with disabilities. TCDD expects the results to be an increase in the number of individuals in the State who are trained to provide comprehensive positive behavioral supports on a consultative basis through public school districts and community organizations that provide supports and services to children and adults.

Up to three projects will each be funded for up to five years under this announcement. TCDD reserves the right to not fund any proposals under this announcement. Funding for years two, three, four and five will be contingent upon an annual review of performance and the availability of funds. The expected start date of projects funded will be November 15, 2003.

Estimated funding to be determined, but not to exceed $100,000 per project for the initial annual budget period and up to $100,000 for each annual budget period for four consecutive years thereafter.

Applicants must provide at least 25% of total project expenses from nonfederal sources for the first year. Project activities located in counties designated as federal poverty areas require a minimum of 10% matching resources. An increasing match in subsequent years is required and will be negotiated with TCDD.

Eligible grant applicants will include school districts, educational service centers, or other qualified entities, including universities, public agencies, private nonprofit agencies, and private for profit organizations. Grant applicants shall be the organization that will provide the administrative functions for the grants and which will receive, disburse, and account for grant funds. Preference will be given to grant applicants that propose to offer stipends or other incentives to personnel graduating from the program. Preference will be given to grant applicants that intend to provide CEUs or similar credit to training and conference participants.

To receive an application packet, please submit a mail, fax or E-mail request to Carl Risinger, Grants Management Director, Texas Council for Developmental Disabilities, 6201 E. Oltorf Street, Suite 600, Austin, Texas, 78741-7509, (512) 437-5432 (voice) or (512) 437-5434 (fax), E-mail TXDDC@txddc.state.tx.us. This information also may be obtained through TCDD's website at http://www.txddc.state.tx.us. The completed application packet should be submitted electronically, and one hard copy with the original signatures must be mailed or hand delivered. Application packets cannot be faxed.

Deadline: Proposals will be accepted by mail or in person at the Texas Council for Developmental Disabilities, 6201 E. Oltorf Street, Suite 600, Austin, Texas 78741-7509 until 4:00 p.m. on August 22, 2003. Faxed copies will not be accepted.

TRD-200303505

Roger A. Webb

Executive Director

Texas Council for Developmental Disabilities

Filed: June 11, 2003


Texas Education Agency

Request for Early Reading Diagnostic Instruments

Description. The Texas Education Agency (TEA) is notifying publishers that early reading diagnostic instruments for Kindergarten, Grade 1, and Grade 2 may be submitted for review. Texas Education Code (TEC), §28.006, authorizes the Commissioner of Education to develop recommendations for school districts to administer early reading instruments to diagnose student reading skill and comprehension development.

Under TEC, §28.006(b), the Commissioner of Education shall adopt a list of early reading instruments that school districts may use to diagnose reading skill and comprehension development. Reading instruments placed on the list must be based on scientific research, evaluate individual student reading progress, and be used to determine students at risk for dyslexia or other reading difficulties. The list of reading instruments adopted under TEC, §28.006(b), must also provide for diagnosing the reading development and comprehension of students participating in a program under TEC, Chapter 29, Subchapter B (relating to bilingual education and special language programs).

Program Requirements. Since the 1998-1999 school year, school districts have been required to administer early reading instruments. Results from the early reading instruments are used to inform instruction and place students at risk for reading difficulties, including dyslexia, in Accelerated Reading Instruction intervention programs. Results from these early reading instruments must be reported to the Commissioner of Education, the local school boards of trustees, and the parents and/or guardians of students tested. The list of early reading instruments will be made available so that school districts and charter schools may order instruments for the 2003-2004 school year. The list of instruments adopted by the commissioner will remain in effect through the 2003-2004 school year.

This year, due to budgetary limitations, a $5 per-student cost cap will be placed on each complete Test Option on the Commissioner's List of Early Reading Instruments . For example, if Option G requires two instruments in order to assess all required domains at a grade level, then the combination of those two instruments will be state funded at no more than $5 per student. For the 2003-2004 school year, school districts and open-enrollment charter schools will purchase early reading instruments not published by the TEA directly from the publisher/vendor. If the cost of the Test Option exceeds the $5 per-student limit established, the state will reimburse the school district or open-enrollment charter school at the limit established, and the school district or open-enrollment charter school is responsible for the remainder of the cost of the Test Option.

Selection Criteria. Publishers will be responsible for submitting tests that they wish to be reviewed for consideration for inclusion on the Commissioner's List of Early Reading Instruments . All tests submitted for review must be based on scientific research and must meet the state criteria for reliability and validity. Instruments, including those currently on the 2002-2003 Commissioner's List of Early Reading Instruments , will be evaluated in terms of validity, reliability, cost-effectiveness, and ease of administration/implementation by the classroom teacher. Reading instruments (English and Spanish) submitted for review must address at least one of the following four domains: (1) phonological awareness; (2) graphophonemic knowledge; (3) word reading; and (4) oral reading accuracy and comprehension of text, as appropriate for Kindergarten, Grade 1, and Grade 2. As in previous years, it may be necessary to use a combination of instruments to form a Test Option to assess all required domains. The criteria used to select instruments for the 2003-2004 school year is available through the Office of Statewide Initiatives at the TEA at (512) 463-9027.

Proposals must be submitted to the Office of Statewide Initiatives, Suite 4-104, 1701 North Congress Avenue, Austin, Texas 78701 by 5:00 p.m. (Central Time), Monday, July 7, 2003, to be considered for inclusion on the 2003-2004 Commissioner's List of Early Reading Instruments .

TRD-200303504

Cristina De La Fuente-Valadez

Manager, Policy Planning

Texas Education Agency

Filed: June 11, 2003


Texas Commission on Environmental Quality

Enforcement Orders

An agreed order was entered regarding Mohammad Rahman dba Food Heaven, Docket No. 2000-1271-PST-E on June 3, 2003 assessing $2,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Erika Fair, Enforcement Coordinator at (512) 239-6673, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Star Tex Distributors, Inc., Docket No. 2001-0005-PST-E on June 3, 2003 assessing $8,750 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting William Davis, Enforcement Coordinator at (512) 239-6793, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding U.S. Stone, Inc., Docket No. 2000-0982-AIR-E on June 3, 2003 assessing $5,625 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting William Davis, Enforcement Coordinator at (512) 239-6793, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Tom Bean, Docket No. 2001-0709-MWD-E on June 3, 2003 assessing $7,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Miriam Hall, Enforcement Coordinator at (512) 239-1044, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Waetyss Enterprises Inc, Docket No. 2002-0017-PST-E on June 3, 2003 assessing $13,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Elvia Maske, Enforcement Coordinator at (512) 239-0789, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Coastal Transport Company, Inc., Docket No. 2001- 1315-AIR-E on June 3, 2003 assessing $2,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Miriam Hall, Enforcement Coordinator at (512) 239-1044, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Pertex Interprise Inc Dba Krystal Mart, Docket No. 2001- 1304-PST-E on June 3, 2003 assessing $25,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Kimberly Mcguire, Enforcement Coordinator at (512) 239-4761, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Charles Ray dba Charles Ray Dirt and Septic Service, Docket No. 2001-0399-SLG-E on June 3, 2003 assessing $3,750 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Sherry Smith, Enforcement Coordinator at (512) 239-0572, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Llano, Docket No. 2002-0020-PWS-E on June 3, 2003 assessing $10,750 in administrative penalties.

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

An agreed order was entered regarding City of Socorro, Docket No. 2001-1335-AIR-E on June 3, 2003 assessing $2,500 in administrative penalties.

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

A default order was entered regarding Bert Dickens, Inc. dba Vista Ranch Water Supply, Docket No. 2001-1562-PWS-E on June 3, 2003 assessing $14,563 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Sheila Smith, Enforcement Coordinator at (512) 239-1670, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Radiance Water Supply Corporation, Docket No. 2001- 1474-PWS-E on June 3, 2003 assessing $9,063 in administrative penalties with $8,463 deferred.

Information concerning any aspect of this order may be obtained by contacting Michael Meyer, Enforcement Coordinator at (512) 239-4492, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Jess Berkebile dba Jess and Ryan's Landscaping, Docket No. 2002-0463-IRR-E on June 3, 2003 assessing $625 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Laurie Eaves, Enforcement Coordinator at (512) 239-4495, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Miracle Wash, Inc. dba Miracle Wash and Detail, Docket No. 2001-1159-PST-E on June 3, 2003 assessing $5,400 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Miriam Hall, Enforcement Coordinator at (512) 239-1044, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Prairie View, Docket No. 2001-0644-MWD-E on June 3, 2003 assessing $11,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Michael Meyer, Enforcement Coordinator at (512) 239-4492, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Office Creek Corporation dba S & S Beer and Wine #3, Docket No. 2002-0585-PST-E on June 3, 2003 assessing $3,000 in administrative penalties with $600 deferred.

Information concerning any aspect of this order may be obtained by contacting Judy Fox, Enforcement Coordinator at (817) 588-5825, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Shannon Rushing and Linda Rushing dba Jackson Hill Marina, Docket No. 2000-1210-MWD-E on June 3, 2003 assessing $18,000 in administrative penalties.

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

An agreed order was entered regarding Huntsman Petrochemical Corporation, Docket No. 2001- 0349-AIR-E on June 3, 2003 assessing $50,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Carl Schnitz, Enforcement Coordinator at (512) 239-1892, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Huntsman Petrochemical Corporation, Docket No. 1998- 1481-MLM-E on June 3, 2003 assessing $302,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Carl Schnitz, Enforcement Coordinator at (512) 239-1892, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding TEPPCO Crude Pipeline, L.P., Docket No. 2002-1247- AIR-E on June 3, 2003 assessing $4,125 in administrative penalties with $825 deferred.

Information concerning any aspect of this order may be obtained by contacting Merrilee Gerberding, Enforcement Coordinator at (512) 239-4490, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Richard E. Carroll dba D and R Metal Finishing, Docket No. 2002-0399-AIR-E on June 3, 2003 assessing $6,375 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Trina Grieco, Enforcement Coordinator at (713) 767-3607, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Enbridge Pipelines (East Texas), L.L.C., Docket No. 2002-0559-AIR-E on June 3, 2003 assessing $8,750 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Brian Lehmkuhle, Enforcement Coordinator at (512) 239-4482, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Applied Industrial Materials Corporation, Docket No. 2002-0759-AIR-E on June 3, 2003 assessing $5,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Catherine Sherman, Enforcement Coordinator at (713) 767-3624, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Par Products, Docket No. 2002-1209-AIR-E on June 3, 2003 assessing $12,375 in administrative penalties with $2,475 deferred.

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

An agreed order was entered regarding Paul Peters dba Peters Auto Sales, Docket No. 2002- 1208-AIR-E on June 3, 2003 assessing $400 in administrative penalties with $80 deferred.

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

An agreed order was entered regarding Shell Chemical, L.P., Docket No. 2002-0478-AIR-E on June 3, 2003 assessing $78,525 in administrative penalties with $15,705 deferred.

Information concerning any aspect of this order may be obtained by contacting Suzanne Walrath, Enforcement Coordinator at (512) 239-2134, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Mohammad Khalaf dba Zoom Auto and Zoom Automotive, Docket No. 2002-0169-AIR-E on June 3, 2003 assessing $40,000 in administrative penalties with $39,400 deferred.

Information concerning any aspect of this order may be obtained by contacting David Van Soest, Enforcement Coordinator at (512) 239-0468, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Keith Zars Pools, Inc., Docket No. 2002-0320-EAQ-E on June 3, 2003 assessing $2,000 in administrative penalties with $400 deferred.

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

An agreed order was entered regarding Southern Wild Game, Inc., Docket No. 2002-1100- MLM-E on June 3, 2003 assessing $6,300 in administrative penalties.

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

An agreed order was entered regarding George Mathis, Docket No. 2001-0406-MLM-E on June 3, 2003 assessing $2,500 in administrative penalties with $1,900 deferred.

Information concerning any aspect of this order may be obtained by contacting Edward Moderow, Enforcement Coordinator at (361) 825-3288, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Veronica Diaz, Docket No. 2002-1328-MSW-E on June 3, 2003 assessing $1,800 in administrative penalties with $360 deferred.

Information concerning any aspect of this order may be obtained by contacting Sandra Alanis, Enforcement Coordinator at (956) 430-6044, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Thousand Trails, Incorporated, Docket No. 2002-1156- MWD-E on June 3, 2003 assessing $13,650 in administrative penalties.

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

An agreed order was entered regarding City of Higgins, Docket No. 2002-0207-MWD-E on June 3, 2003 assessing $11,875 in administrative penalties.

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

An agreed order was entered regarding Gary Ward and Lisa Ward dba Advanced Wastewater Services, Docket No. 2001-1563-OSI-E on June 3, 2003 assessing $16,188 in administrative penalties with $15,588 deferred.

Information concerning any aspect of this order may be obtained by contacting Terry Murphy, Enforcement Coordinator at (512) 239-5025, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Beaumont Country Club, Docket No. 2002-0919-PST-E on June 3, 2003 assessing $3,000 in administrative penalties with $600 deferred.

Information concerning any aspect of this order may be obtained by contacting Laura Clark, Enforcement Coordinator at (409) 898-3838, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Dan Howell dba Dan D Mart, Docket No. 2002-1149- PST-E on June 3, 2003 assessing $1,800 in administrative penalties with $360 deferred.

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

An agreed order was entered regarding Environmental Care, Inc., Docket No. 2002-1368-PST-E on June 3, 2003 assessing $1,800 in administrative penalties with $360 deferred.

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

An agreed order was entered regarding Hazaratali Momin dba Honey Stop #2, Docket No. 2002- 0909-PST-E on June 3, 2003 assessing $2,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting John Barry, Enforcement Coordinator at (409) 898-3838, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Bill L. Dover Company, Inc. dba Newton Jiffy Market, Docket No. 2003-0120-PST-E on June 3, 2003 assessing $1,875 in administrative penalties with $375 deferred.

Information concerning any aspect of this order may be obtained by contacting Laura Clark, Enforcement Coordinator at (409) 898-3838, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Jose M. Ramirez, Jr. dba Pepe's Exxon, Docket No. 2002-1246-PST-E on June 3, 2003 assessing $1,800 in administrative penalties with $360 deferred.

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

An agreed order was entered regarding Sun Coast Resources, Inc., Docket No. 2002-1179-PST- E on June 3, 2003 assessing $500 in administrative penalties with $100 deferred.

Information concerning any aspect of this order may be obtained by contacting Catherine Sherman, Enforcement Coordinator at (713) 767-3600, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Petroleum Wholesale, Inc. dba Sunmart #435, Docket No. 2002-1158-PST-E on June 3, 2003 assessing $1,875 in administrative penalties with $375 deferred.

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

An agreed order was entered regarding Triangle Station, Inc., Docket No. 2002-0438-PST-E on June 3, 2003 assessing $2,000 in administrative penalties with $400 deferred.

Information concerning any aspect of this order may be obtained by contacting James Flemming, Enforcement Coordinator at (512) 239-5806, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Hillard Saturn of Fort Worth, Incorporated dba Saturn of Hurst, Docket No. 2002-1153-PST-E on June 3, 2003 assessing $2,000 in administrative penalties with $400 deferred.

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

An agreed order was entered regarding J.F. Presley Oil Company, Docket No. 2002-1009-PST-E on June 3, 2003 assessing $1,000 in administrative penalties with $200 deferred.

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

An agreed order was entered regarding Tecon Water Company, L.P. dba Tower Terrace, Simmons Shore, Mill Creek Meadows, Ridgecrest, Westview Subdivision and Scenic View Estates, Docket No. 2002-0730-PWS-E on June 3, 2003 assessing $5,938 in administrative penalties with $650 deferred.

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

An agreed order was entered regarding Bayou, Incorporated dba Bayou Food Store, Docket No. 2000-0952-PWS-E on June 3, 2003 assessing $3,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Brian Lehmkuhle, Enforcement Coordinator at (512) 239-4482, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Huntsman Petrochemical Corporation, Docket No. 2001- 0638-AIR-E on June 3, 2003 assessing $7,750 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Carl Schnitz, Enforcement Coordinator at (512) 239-1892, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Duke Energy Field Services, L.P., Docket No. 2001- 1384-AIR-E on June 3, 2003 assessing $18,750 in administrative penalties.

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

An agreed order was entered regarding Western Gas Resources, Inc., Docket No. 2003-0064- AIR-E on June 3, 2003 assessing $1,975 in administrative penalties with $395 deferred.

Information concerning any aspect of this order may be obtained by contacting Sheila Smith, Enforcement Coordinator at (512) 239-1670, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-200303478

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 10, 2003


Notice of District Petition

Notices mailed May 27, 2003 through May 29, 2003.

TCEQ Internal Control No. 01132003-D02; ACTON MUNICIPAL UTILITY DISTRICT of Hood and Johnson Counties (the District) has filed an application with the Texas Commission on Environmental Quality (TCEQ) for authority to levy impact fees of $7,926 per equivalent single family connection for new connections to the water system and $2,924 per equivalent single family connection for new connections to the wastewater system within or near the service area of Acton Municipal Utility District. The District files this application under the authority of Chapter 395 of the Local Government Code, 30 Texas Administrative Code Chapter 293 and the procedural rules of the TCEQ. The purpose of impact fees is to generate revenue to recover the costs of capital improvements and facility expansions made necessary by and attributable to serving new development in the District's service area. At the direction of the District, a registered engineer has prepared a capital improvements plan for the system which identifies the capital improvements or facility expansions and their costs for which the impact fees will be assessed. The impact fee application and supporting information are available for inspection and copying during regular business hours in the District Administration Section of the Water Supply Division, Third Floor of Building F (in the TCEQ Park 35 Office Complex located between Yager & Braker Lanes on North IH-35), 12100 Park 35 Circle, Austin, Texas 78753. A copy of the impact fee application and supporting information, as well as the capital improvements plan, is available for inspection and copying at the Acton Municipal Utility District's office during regular business hours.

TCEQ Internal Control No. 03052003-D08; Lake LBJ Municipal Utility District of Llano and Burnet Counties (The District) has applied to the Texas Commission on Environmental Quality (TCEQ) for authority to adopt and impose an annual operations and maintenance standby fee of $34.00 per vacant lot (vacant equivalent single-family connection (ESFCs)) within the District which has available water and/or wastewater and/or drainage facilities for calendar years 2003, 2004 and 2005. The application was filed pursuant to Chapter 49 of the Texas Water Code, 30 Texas Administrative Code Chapter 293, and under the procedural rules of the TCEQ. The Commission may or may not approve the standby fee application, or it may approve a lower standby fee, but it shall not approve a standby fee greater than the amount requested. The standby fee, if approved, is a personal obligation of the person owning the undeveloped property as of the time for which the fee is assessed. A person is not relieved of his pro-rated share of the standby fee obligation on transfer of title to the property. A lien may be attached to the undeveloped property to secure payment of any standby fee imposed and the interest or penalty, if any, on the fee. The lien has the same priority as a lien for taxes of the District. The standby fee, if approved, will be billed by the District. The purpose of standby fees is to distribute a fair portion of the cost burden for the supplementation of the operations and maintenance account to owners of property who have not constructed vertical improvements but have water, wastewater or drainage facilities or capacity available.

TCEQ Internal Control No. 02122003-D02; TRAVIS COUNTY WATER CONTROL & IMPROVEMENT DISTRICT NO. 17 (the District) has filed an application with the Texas Commission on Environmental Quality (TCEQ) for authority to levy impact fees of $2,700 per equivalent single family connection for new connections to the water system within or near the service area of River Ridge Subdivision. The District files this application under the authority of Chapter 395 of the Local Government Code, 30 Texas Administrative Code Chapter 293 and the procedural rules of the TCEQ. The purpose of impact fees is to generate revenue to recover the costs of capital improvements and facility expansions made necessary by and attributable to serving new development in the District's service area. At the direction of the District, a registered engineer has prepared a capital improvements plan for the system which identifies the capital improvements or facility expansions and their costs for which the impact fees will be assessed. The impact fee application and supporting information are available for inspection and copying during regular business hours in the District Administration Section of the Water Supply Division, Third Floor of Building F (in the TCEQ Park 35 Office Complex located between Yager & Braker Lanes on North IH-35), 12100 Park 35 Circle, Austin, Texas 78753. A copy of the impact fee application and supporting information, as well as the capital improvements plan, is available for inspection and copying at the Travis County Water Control & Improvement District No. 17's office during regular business hours.

TCEQ Internal Control No. 12102002-D08; MUSTANG SPECIAL UTILITY DISTRICT of Denton County (the District) has filed an application with the Texas Commission on Environmental Quality (TCEQ) for authority to levy impact fees of $5,884 per equivalent single family connection for new connections to the water system within or near the service area of Mustang Special Utility District. The District files this application under the authority of Chapter 395 of the Local Government Code, 30 Texas Administrative Code Chapter 293 and the procedural rules of the TCEQ. The purpose of impact fees is to generate revenue to recover the costs of capital improvements and facility expansions made necessary by and attributable to serving new development in the District's service area. At the direction of the District, a registered engineer has prepared a capital improvements plan for the system which identifies the capital improvements or facility expansions and their costs for which the impact fees will be assessed. The impact fee application and supporting information are available for inspection and copying during regular business hours in the District Administration Section of the Water Supply Division, Third Floor of Building F (in the TCEQ Park 35 Office Complex located between Yager & Braker Lanes on North IH-35), 12100 Park 35 Circle, Austin, Texas 78753. A copy of the impact fee application and supporting information, as well as the capital improvements plan, is available for inspection and copying at the Mustang Special Utility District's office during regular business hours.

INFORMATION SECTION

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

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

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

TRD-200303477

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 10, 2003


Notice of Opportunity for Comments Concerning a Proposed Amendment to the List of De Minimis Facilities or Sources

The Texas Commission on Environmental Quality (TCEQ), under 30 TAC Chapter 116, is providing an opportunity for public comment in order to receive comments concerning a proposed amendment to the List of De Minimis Facilities or Sources authorized by §116.119.

The TCEQ received a request to add fuel cell systems, which use a fuel reformer to convert natural gas, propane, or liquid petroleum gas to hydrogen for the fuel cell, to the List of De Minimis Facilities or Sources. Section 116.119(c)(1) allows for amendments to the List of De Minimis Facilities or Sources by the executive director for facilities or sources considered to be de minimis. If added to the List of De Minimis Facilities or Sources, the specified facilities or sources no longer are required to obtain authorization prior to construction from the TCEQ. Fuel cell systems that meet the following criteria are proposed to be de minimis facilities or sources: fuel cell systems not exceeding one megawatt that have a hydrogen reformer which uses only natural gas, propane, or liquid petroleum gas to produce the hydrogen for the fuel cell.

The addition or deletion of a category of facilities, sources, or groups of facilities or sources to the List of De Minimis Facilities or Sources is subject to the procedural requirements of §116.119, which include a 30-day public comment period. The List of De Minimis Facilities and Sources is located on the TCEQ Web site at: http://www.tnrcc.state.tx.us/permitting/airperm /nsr_permits/ demlist.pdf . Any interested or affected person has the opportunity to provide written comments pertaining to the addition or deletion of a category of facilities, sources, or groups of facilities or sources to the List of De Minimis Facilities or Sources.

Comments may be mailed to Mr. Steven Hagood, Texas Commission on Environmental Quality, Office of Permitting, Remediation and Registration, Air Permits Division, MC 163, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-1070. Comments must be received by 5:00 p.m., July 21, 2003. To inquire about the technical review of the de minimis request, contact Mr. Jim Linville at (512) 239-1261.

TRD-200303466

Stephanie Bergeron

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: June 10, 2003


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

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

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on July 20, 2003 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, comments on the DOs should be submitted to the commission in writing .

(1) COMPANY: Action Oil Service, Inc.; DOCKET NUMBER: 2001-0856-MSW-E; TCEQ ID NUMBER: A85285; LOCATION: 6730 West Port Arthur Road, Beaumont, Jefferson County, Texas; TYPE OF FACILITY: used oil and used oil filter handling; RULES VIOLATED: 30 TAC §324.4(1) and (2) and Texas Health and Safety Code (THSC), §371.041, by failing to properly dispose, and knowingly disposing of, used oil contaminated rags and absorbent material by placing the waste in a trash dumpster for disposal in a landfill; 30 TAC §324.1 and §324.4(1), 40 Code of Federal Regulations (CFR) §279.45(c) and §279.54(b), and THSC, §371.041, by failing to maintain used oil storage units in good condition and without leaks; 30 TAC §324.1, 40 CFR §279.45(d) and (e) and §279.54(c) and (d), by failing to have adequate secondary containment systems for above-ground storage tanks; 30 TAC §324.1 and 40 CFR §279.46(b)(1) and (2), by failing to accurately record required information for shipments of used oil; 30 TAC §§324.4(1), 324.22(d)(2), and 327.3(b), 40 CFR §§279.22(d), 279.45(h), and 279.54(g), TWC, §26.121, and THSC, §371.041, by failing to cleanup and report spills of used oil; and 30 TAC §328.23(c)(2) and THSC, §371.103(c)(2) by failing to securely close a bulk container used to store used oil filters when not in use; PENALTY: $3,594; STAFF ATTORNEY: James Biggins, Litigation Division, MC R-13, (210) 403-4017; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(2) COMPANY: Azman Incorporated dba Shoppers Mart 2; DOCKET NUMBER: 2002-0120-PST- E; TCEQ ID NUMBER: 17143; LOCATION: 10102 Homestead, Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail fuel sales; RULES VIOLATED: 30 TAC §115.245(1) and THSC, §382.085(b), by failing to perform the initial testing of the Stage II vapor recovery system within 30 days of the system's installation; and 30 TAC §334.22, by failing to pay annual and associated late underground storage tank (UST) fees; PENALTY: $1,000; STAFF ATTORNEY: Alfred Okpohworho, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767- 3500.

(3) COMPANY: Barry Beavers dba Thomas Brothers; DOCKET NUMBER: 2001-1484-PST-E; TCEQ ID NUMBER: 10719; LOCATION: 290 Walnut Street, Colorado City, Mitchell County, Texas; TYPE OF FACILITY: retail gas station; RULES VIOLATED: 30 TAC §334.48(c), by failing to conduct inventory control for the three USTs; 30 TAC §334.10(b)(1)(B), by failing to maintain in a secure location and make available for review, legible copies of all required records pertaining to the USTs; 30 TAC §334.51(b)(2)(A), by failing to equip the fill pipe with a tight-fitting adapter or similar device to provide a liquid tight seal during transfer of regulated substances into the tank; TWC, §26.3475, by failing to monitor piping in a manner designed to detect releases from any portion of the UST piping; 30 TAC §334.51(b)(2)(C), by failing to install overfill prevention equipment; 30 TAC §334.50(b)(1)(A), by failing to have a release detection method capable of detecting a release from any portion of the UST system; 30 TAC §334.50(b)(2), by failing to monitor piping for releases monthly; 30 TAC §334.49(a) and TWC, §26.3475, by failing to install a corrosion protection system for the UST; 30 TAC §334.7(d)(3), by failing to update or change registration information within 30 days from the date on which the owner or operator first became aware of changes or status of the system; 30 TAC §37.815(a) and (b), by failing to demonstrate financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of the USTs; and 30 TAC §334.47(a)(2), by failing to permanently remove any existing UST system that was not brought into timely compliance with upgrade requirements no later than 60 days after the prescribed implementation date; PENALTY: $15,500; STAFF ATTORNEY: Shannon Strong, Litigation Division, MC 175, (512) 239-6201; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698- 9674.

(4) COMPANY: Favil L. Brown dba F.L. Brown Wrecking; DOCKET NUMBER: 2002-0088-AIR- E; TCEQ ID NUMBERS: CW-0056-A and 455090095; LOCATION: 305 Thackston Road, Gatesville, Coryell County, Texas; TYPE OF FACILITY: salvage yard; RULES VIOLATED: 30 TAC §111.201 and THSC, §382.085(b), by failing to abide by the general outdoor burning prohibition by burning tires, household trash, plastic, and construction debris; and 30 TAC §330.5(a), by failing to dispose of solid waste at an approved facility; PENALTY: $5,000; STAFF ATTORNEY: Shannon Strong, Litigation Division, MC 175, (512) 239-6201; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(5) COMPANY: Rey Martinez dba Texan Dump Trucks II; DOCKET NUMBER: 2000-1086- MLM-E; TCEQ ID NUMBER: 455150019; LOCATION: north on Texan Road about 1/4-mile from the intersection of Texas Road and 3 Mile Line Road, Mission, Hidalgo County, Texas; TYPE OF FACILITY: sand and gravel construction pit; RULES VIOLATED: 30 TAC §324.6 and 40 CFR §279.22(a) and (b), by failing to label or mark used oil storage containers with the words "Used Oil" and failing to store used oils in the appropriate containers; THSC, §361.032, by failing to grant TCEQ access during a reasonable time to enter the facility property for the purpose of conducting an inspection relating to groundwater; and 30 TAC §330.5 and §330.32 (b) and (c), by failing to ensure that solid waste collected and transported was disposed of at authorized facilities and that records of disposal activities were maintained for at least three years; PENALTY: $12,500; STAFF ATTORNEY: Robert Hernandez, Litigation Division, MC R-13, (210) 403-4016; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

TRD-200303473

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: June 10, 2003


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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is July 20, 2003 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on July 20, 2003 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, §7.075 provides that comments on an AO should be submitted to the commission in writing .

(1) COMPANY: Brookeland Fresh Water Supply District dba Forest Hills WWTP; DOCKET NUMBER: 2001-0519-MWD-E; TCEQ ID NUMBER: 10998-001; LOCATION: 400 feet south of Recreational Road 255 and approximately five miles west of the intersection of Recreational Road 255 and US Highway 96, Sam Rayburn, Jasper County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULES VIOLATED: 30 TAC §305.125(1) and (5), TWC, §263.121, and Texas Pollutant Discharge Elimination System (TPDES) Permit Number 10998-001, Operational Requirements Number 1, by failing to ensure that all the systems of collection, treatment, and disposal were properly operated and maintained; 30 TAC §305.125(1) and TPDES Permit Number 10998-001, Sludge Provisions, Section II.F, by failing to submit annual sludge reports; 30 TAC §305.125(1) and (19), and TPDES Permit Number 10998-001, Permit Conditions Number 1.a., by failing to promptly submit corrected information after being made aware that incorrect information was submitted; 30 TAC §305.125(1) and §319.11, 40 Code of Federal Regulations (CFR) §136.3(e), and TPDES Permit Number 10998- 001, Monitoring and Reporting Requirements Number 2, by failing to adhere to sampling and laboratory testing methods prescribed by the rule; 30 TAC §305.125(1) and §319.11 and TPDES Permit Number 10998-001, Monitoring and Reporting Requirements Number 2, by failing to accurately calculate loading measurements for effluent biochemical oxygen demand and total suspended solids (TSS), by failing to adhere to sampling and laboratory testing methods prescribed by rule; 30 TAC §305.125(1), TWC, §26.121, and TPDES Permit Number 10998-001, Final Effluent Limitations and Monitoring Requirements Numbers 1 and 2, by failing to meet permit effluent limitations for TSS daily average, TSS individual grab, and chlorine residual maximum; PENALTY: $9,375; STAFF ATTORNEY: Shannon Strong, Litigation Division, MC 175, (512) 239-6201; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(2) COMPANY: C and W Enterprises, Inc.; DOCKET NUMBER: 2002-0282-PST-E; TCEQ ID NUMBER: none; LOCATION: 317 North Farr Street, San Angelo, Tom Green County, Texas; TYPE OF FACILITY: fuel distribution business; RULES VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure and observe that the owners or operators of the facilities each have a valid, current delivery certificate issued by the TCEQ covering the underground storage tank (UST) systems prior to depositing a regulated substance into the UST systems; PENALTY: $2,000; STAFF ATTORNEY: Alfred Okpohworho, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: San Angelo Regional Office, 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(3) COMPANY: Kerrville Independent School District; DOCKET NUMBER: 2001-0859-PST-E; TCEQ ID NUMBER: 16157; LOCATION: 1313 Stadium Drive, Kerrville, Kerr County, Texas; TYPE OF FACILITY: used oil underground storage tank; RULES VIOLATED: 30 TAC §334.50(a)(1)(A) and TWC, §26.3475, by failing to provide release detection for the used oil UST system; 30 TAC §334.49(a) and TWC, §26.3475, by failing to provide corrosion protection for the used oil UST; and 30 TAC §334.47(a)(2), by failing to remove from service the used oil UST system which did not meet the minimum upgrading requirements for existing UST systems; PENALTY: $9,375; STAFF ATTORNEY: David Speaker, Litigation Division, MC 175, (512) 239-2548; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(4) COMPANY: Mohammad Adil Aqil; DOCKET NUMBER: 2001-1028-PWS-E; TCEQ ID NUMBER: 1012715; LOCATION: 12609 Eastex Freeway, Houston, Harris County, Texas; TYPE OF FACILITY: transient noncommunity water supply system; RULES VIOLATED: 30 TAC §290.109(c)(2) and Texas Health and Safety Code (THSC), §341.033(d), by failing to collect and submit routine monthly bacteriological samples; and 30 TAC §290.122(c) and §290.109(g), by failing to provide public notice of the sampling deficiencies; PENALTY: $600; STAFF ATTORNEY: Gitanjali Yadav, Litigation Division, MC 175, (512) 239-2029; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(5) COMPANY: Khyber, Inc. dba Best Food Market; DOCKET NUMBER: 2002-0599-PST-E; TCEQ ID NUMBER: 0041396; LOCATION: 5402 Nordling Road, Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor USTs for releases at a frequency of at least once every month not to exceed 35 days between each monitoring; 30 TAC §334.50(b)(2) and TWC, §26.3475(a), by failing to conduct release detection on the pressurized piping; 30 TAC §334.50(b)(2)(A)(i)(III) and TWC, §26.3475(a), by failing to test line leak detectors at least once per year for performance and operational reliability; 30 TAC §334.8(c)(5)(C), by failing to ensure that a legible tag, label, or marking was permanently applied upon or fixed to either the top of the fill tub or to a non-removable point in the immediate area of the fill tube for each regulated UST; and 30 TAC §334.49(e)(2)(B)(i) and TWC, §26.3475(d), by failing to maintain, for at least five years after the applicable test or inspection, the results of all tests and inspections of the impressed current cathodic protection system; PENALTY: $8,750; STAFF ATTORNEY: Snehal R. Patel, Litigation Division, MC R-12, (713) 422-8928; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(6) COMPANY: Norbert Lyssy dba Lost Maples General Store; DOCKET NUMBER: 2001-1533- PST-E; TCEQ ID NUMBER: 0043570; LOCATION: Highway 187 and Farm-to-Market Road 337, Vanderpool, Bandera County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate financial responsibility for all the UST systems; 30 TAC §334.49(e) and §334.10(b) and TWC, §26.3475(d), by failing to maintain required records on-site and immediately available for inspection upon request by agency personnel to demonstrate the inspection and testing of the corrosion protection system at least once every three years for operability and adequacy of protection; 30 TAC §334.7(d)(3), by failing to amend the registration to reflect changes in facility information, including changes regarding release detection, spill and overfill, and corrosion protection; 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before delivery of a regulated substance; 30 TAC §334.8(c)(4)(B), by failing to ensure that the TCEQ UST registration and self-certification form is fully and accurately completed and submitted to the agency in a timely manner; and 30 TAC §334.21 and §334.22, by failing to pay UST fees, penalties, and interest; PENALTY: $600; STAFF ATTORNEY: Robin Chapman, Litigation Division, MC 175, (512) 239-0497; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(7) COMPANY: Onyx Environmental Services, L.L.C.; DOCKET NUMBER: 2002-0630-MLM-E; TCEQ ID NUMBERS: 50212 and JE-0024-D; LOCATION: State Highway 73, 3.2 miles west of Taylor's Bayou Bridge, Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: hazardous waste incinerator; RULES VIOLATED: 30 TAC §335.4 and TCEQ Industrial Solid Waste (ISW) Permit Number 50212-001, Provision VI.A.1, by failing to prevent the unauthorized discharge of contaminates in the parking lot; 30 TAC §335.9(a)(1)(G) and TCEQ ISW Permit Number 50212-001, Provision VI.A.1, by failing to record the location of the satellite accumulation area for spent phosphoric acid at the lab's total organic compound analyzer; and 30 TAC §101.4 and §335.152(a), TCEQ ISW Permit Number 50212-001, Provisions III.B.7, VI.A.3., VI.B.1., and V.G, THSC, §382.085(a), and 40 CFR §264.17(b), by failing to take precautions during hazardous waste treatment to prevent reactions and air emissions which produced uncontrolled toxic waste fumes, dusts, or gases in sufficient qualities to threaten human health or the environment; PENALTY: $17,600; STAFF ATTORNEY: Lisa Lemanczyk, Litigation Division, MC 175, (512) 239-5915; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

TRD-200303472

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: June 10, 2003


Notice of Water Quality Applications

The following notices were issued during the period of May 16, 2003 through June 5, 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.

AERO GREENSMOR, L.P. has applied for a renewal of TPDES Permit No. 12149-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 10,000 gallons per day. The facility is located southwest of the intersection of Greens Road and Morales Road in the City of Houston in Harris County, Texas.

AIR PRODUCTS, L.P. which operates the Battleground Road facility, a hydrogen gas recovery and purification plant, has applied for a renewal of TPDES Permit No. 02177, which authorizes the discharge of process wastewater, utility wastewater, hydrostatic test water, and storm water at a daily average flow not to exceed 12,000 gallons per day via Outfall 001. The facility is located on the east side of Battleground Road, approximately 1.75 miles north of the intersection of Battleground Road and State Highway 225 in the City of LaPorte, Harris County, Texas.

AMBAR DRILLING FLUIDS, LP, LLLP has applied for a renewal of TPDES Permit No. 11679-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 1,500 gallons per day. The facility is located 500 feet northeast of the Galveston Ship Channel and approximately 2200 feet southeast of the intersection of Pelican Island Boulevard and the entrance road to the Pennzoil Producing Company in the City of Galveston in Galveston County, Texas.

ANGELINA COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 3 has applied for a renewal of TPDES Permit No. 14201-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 60,000 gallons per day. The facility is located 10,450 feet north of the intersection of U.S. Highway 59 and Farm-to-Market Road 2021 and 22,700 feet east of the intersection of U.S. Highway 59 and Farm-to-Market Road 2021 in Angelina County, Texas.

AQUASOURCE DEVELOPMENT COMPANY a domestic wastewater treatment service provider, has applied for a renewal of TPDES Permit No. 14114-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 600,000 gallons per day. The facility is located approximately 4.25 miles northwest of the intersection of SR-336 Loop and Interstate Highway 45; approximately 0.25 miles east of Lake Conroe in Montgomery County, Texas.

AQUASOURCE DEVELOPMENT COMPANY has applied for a renewal of TPDES Permit No. 14143-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 450,000 gallons per day. The facility is located approximately 2 miles west of the City of Justin on Farm-to-Market Road 407 in Denton County, Texas.

AQUASOURCE UTILITY, INC. a private domestic wastewater treatment plant owner, has applied for a renewal of TNRCC Permit No. 12122-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 250,000 gallons per day. The facility is located on the south side of Carpenters Bayou, approximately 3/4 mile southeast of Carpenters Bayou's crossing of Interstate Highway 10 in Harris County, Texas

AUSTIN COUNTY WATER SUPPLY CORPORATION has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14423-001, to authorize the discharge of filter backwash water at a daily average flow not to exceed 14,000 gallons per day. The facility will be located approximately 3 miles east of Highway 36 on Coshatte Road in Austin County, Texas.

BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 5 has applied for a renewal of TPDES Permit No. 12295-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 950,000 gallons per day. The facility is located at 3711 Soho Drive, approximately 2,200 feet south of Clear Creek, and approximately 8,000 feet northeast of the intersection of State Highway 288 and Hughes Ranch Road in Brazoria County, Texas.

DYNAMIC PRODUCTS, INC. has applied for a renewal of TNRCC Permit No. 11841-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 5,000 gallons per day. The facility is located approximately 2.0 miles south of Interstate Highway 10 and approximately 0.75 mile east of the intersection of Sheldon Road and Peninsula on the south side of Jacintoport Slip and 0.25 mile north of the Houston Ship Channel in Harris County, Texas.

ELITE COMPUTER CONSULTANTS, L.P. has applied for a renewal of TPDES Permit No. 12600-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 8,000 gallons per day. The facility is located at 15110 Grant Road on the south bank of Faulkey Gully, approximately 600 feet west of Shaw Road and approximately 800 feet northeast of Grant Road in Harris County, Texas.

HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 has applied for a major amendment to TPDES Permit No. 11630-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 500,000 gallons per day to a daily average flow not to exceed 950,000 gallons per day. The facility is located on the south side of London Way Drive, approximately 400 feet east of the intersection of London Way Drive and Kuykendahl Road in Harris County, Texas.

HARRIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 70 has applied for a renewal of TPDES Permit No. 10530-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 175,000 gallons per day. The facility is located approximately 1 mile west of the intersection of Foley Road and Hannah Nash Road, approximately 3 miles north of the City of Crosby in Harris County, Texas.

HOCKLEY RAIL CAR, INC. has applied for a renewal of TPDES Permit No. 13472-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 6,000 gallons per day. The facility is located at 17000 Premium Drive, immediately north of Betke Road between Premium Drive and Kermie Road, west of the City of Hockley in Harris County, Texas.

HOLIDAY HARBOR WATER/WASTE WATER SUPPLY CORPORATION has applied for a renewal of TPDES Permit No. 13145-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 50,000 gallons per day. The facility is located approximately 4,000 feet north of the intersection of State Highway 156 and Farm-to-Market Road 224, and approximately 4.2 miles southeast of the intersection of U.S. Highway 190 and State Highway 156 in San Jacinto County, Texas.

THE KATY INDEPENDENT SCHOOL DISTRICT has applied for a renewal of TPDES Permit No. 12110-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 100,000 gallons per day. The facility is located approximately 8 miles east of the City of Katy, just north of South Mayde Creek, 2 miles west-northwest of the intersection of Barker-Cypress Road and Interstate Highway 10 in Harris County, Texas.

MAGNOLIA INDEPENDENT SCHOOL DISTRICT has applied for a renewal of TPDES Permit No. 14124-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 20,000 gallons per day. The facility is located on the north side of Hardin Store Road approximately 2,400 feet east of the intersection of Hardin Store Road and Hufsmith-Dobin Road in Montgomery County, Texas.

MESSER GRIESHEIM INDUSTRIES, INC. which operates Waxahachie Plant No. 1, has applied for a renewal of TPDES Permit No. 04112, which authorizes the discharge of cooling tower blowdown and filter backwash water at a daily average flow not to exceed .04 million gallons per day (MGD) via Outfall 001. The daily maximum flow shall not exceed .05 MGD via Outfall 001. The facility is located at 3680 North Interstate Highway 35 East, on the east side of Interstate Highway 35 East, approximately one mile northeast of the intersection of U.S. Route 287 and Interstate Highway 35 East in the City of Waxahachie, Ellis County, Texas

NECHES INDUSTRIAL PARK, INC. which operates a storage and shipping terminal and a manufacturing operation for ammonium thiosulfate, has applied for a renewal of TPDES Permit No. 01202, which authorizes the discharge of storm water on an intermittent and flow variable basis via Outfalls 003, 005, 007; the discharge of utility wastewaters (raw water clarifier blowdown and filter wash water) at a daily average flow not to exceed 220,000 gallons per day via Outfall 004; and the discharge of storm water seepage on an intermittent and flow variable basis via Outfall 008. The facility is located on the west bank of the Neches River, approximately three miles east of the intersection of U.S. Highway 90 and State Highway 380, and southeast of the City of Beaumont, Jefferson County, Texas.

CITY OF NEW LONDON has applied for a renewal of TPDES Permit No. 12376-002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 20,000 gallons per day. The facility is located one mile southeast of the intersection of State Highway 42 and Farm-to-Market Road 918 in Rusk County, Texas.

THE OAK MANOR MUNICIPAL UTILITY DISTRICT has applied for a renewal of TPDES Permit No. 10700-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 80,000 gallons per day. The facility is located approximately 2,000 feet northeast of the intersection of State Highway 35 and County Road 192 and 0.8 miles southwest of the intersection of State Highway 35 and Farm-to-Market Road 2917 in Brazoria County, Texas.

PALO GAUCHO, INC. HARBORLIGHT CAMPGROUND AND MARINA, has applied for a renewal of TPDES Permit No. 11432-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 12,000 gallons per day. The facility is located on the east side of Farm-to-Market Road 3121 at a point approximately 2.5 miles north of the intersection of Farm-to-Market Roads 3121 and 83 in Sabine County, Texas.

LAXMIBEN LALBHAI PATEL, MAGANBHAI RANCHLODBHAI PATEL, BHAGUBHAI BHULO PATEL, AND VINUBHAI BHULO PATEL, has applied for a renewal of TPDES Permit No. 12161-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 6,000 gallons per day. The facility is located south of Michael Street at a point approximately 180 feet west of the intersection of McGruder and Michael Streets, north of the City of Cleveland in Liberty County, Texas.

CITY OF PEARLAND has applied for a renewal of TPDES Permit No. 10134-002, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 4,500,000 gallons per day. The facility is located at 1902 1/2 Barry Rose Street, immediately west of Clear Creek and approximately 7,000 feet north of Farm-to-Market Road 518 in Brazoria County, Texas.

CITY OF PORT ARTHUR has applied for a renewal of TPDES Permit No. 10364-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 9,200,000 gallons per day. The facility is located at 6300 Proctor Street, approximately 0.2 mile east of the intersection of Proctor Street and Main Avenue, 3.3 miles northeast of the intersection of U.S. Highway 287/96/69 and State Highway 87 in Jefferson County, Texas.

PORT TERMINAL RAILROAD ASSOCIATION has applied for a renewal of TPDES Permit No. 11773-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 8,750 gallons per day. The facility is located inside the North Railroad Yard, approximately 400 feet east of North Wayside Drive and 600 feet north of Clinton Drive, approximately 4.5 miles due east of the downtown Houston Central Business District in Harris County, Texas.

RESTAURANT SERVICES, L.L.C. has applied for a renewal of TPDES Permit No. 13983- 001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 2,000 gallons per day. The facility is located at 16150 U.S. Highway 290 in the City of Jersey Village in Harris County, Texas.

CITY OF RIESEL has applied for a renewal of Permit No. 11015-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 75,000 gallons per day via surface irrigation of 45 acres of land. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located approximately 0.5 mile west of State Highway 6 on West Charles Street and on the east bank of West Sandy Creek in the City of Riesel in McLennan County, Texas.

STEAMBOAT SHORES OWNER'S ASSOCIATION has applied for a renewal of TPDES Permit No. 13659-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 13,500 gallons per day. The facility is located on the south bank of Lake Fork Reservoir between Penson Spring Branch and Boardtree Branch, approximaely 1.2 miles north of the intersection of Farm-to-Market Road 2946 and Farm-to-Market Road 515 in Rains County, Texas.

SYNAGRO OF TEXAS - CDR, INC. has submitted an application for a new permit, Proposed Permit No. 04441, to authorize the land application of sewage sludge for beneficial use on 5,349 acres. This permit will not authorize a discharge of pollutants into waters in the State. The land application site is located adjacent to the north side of Farm-to-Market Road 1093, extending north to Farm-to-Market Road 3013, approximately 4.5 miles east of the City of Eagle Lake, and immediately west and south of the San Bernard River in Colorado County and Wharton County, Texas.

THE CITY OF WOLFE CITY has applied for a renewal of TPDES Permit No. 10383-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 195,000 gallons per day. The facility is located adjacent to Oyster Creek approximately 0.5 miles south of Wolfe City and 0.3 miles east of State Highway 34 in Hunt County, Texas.

THE TOWN OF WOODLOCH, has applied for a renewal of TPDES Permit No. 11580-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 150,000 gallons per day. The facility is located approximately 3.25 miles southeast of the intersection of Interstate Highway 45 and Farm-to-Market Road 1488 and approximately 2.75 miles east-northeast of the intersection of Interstate Highway 45 and Needham Road in Montgomery County, Texas.

ZAPATA COUNTY has applied for a new permit, Proposed Permit No. 14370-001, to authorize the disposal of filter backwash water at a daily average flow not to exceed 150,000 gallons per day via evaporation on 2.9-acre pond. The draft permit authorizes the disposal of filter backwash water at a daily average flow not to exceed 22,067 gallons per day via evaporation on 2.9-acre pond. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located at 900 Jackson Street in the City of Zapata in Zapata County, Texas.

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

The Texas Commission on Environmental Quality (TCEQ) has initiated a minor amendment of the Texas Pollutant Discharge Elimination System (TPDES) permit issued to CITY OF STEPHENVILLE, to incorporate a limit for Total Phosphorus in the permit based on the North Bosque River TMDL. The existing permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 3,000,000 gallons per day. The facility is located approximately 6,300 feet southeast of the intersection of U.S. Highway 377 and Farm-to-Market Road 914in Erath County, Texas.

TRD-200303485

La Donna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 10, 2003


Proposed Enforcement Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075, which requires that the commission may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is July 21, 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 July 21, 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: Ashtola Exploration Company, Inc.; DOCKET NUMBER: 2003-0086-AIR-E; IDENTIFIER: Air Account Number MI-0026-T, New Source Review Permit Number 23464 (Voided, March 28, 2003), and Standard Permit Number 54300; LOCATION: Eagle Pass, Maverick County, Texas; TYPE OF FACILITY: natural gas compression station; RULE VIOLATED: 30 TAC §101.20(1) and (3), §116.115(c), Air Permit Number 23464, Code of Federal Regulations (CFR) §60.632, and THSC, §382.085(b), by failing to monitor for fugitive emissions and comply with the standards of performance for equipment leaks of volatile organic compounds, failing to provide the flare with a well shut down system, and failing to install engine stacks which are twice the height of surrounding obstructions; and 30 TAC §122.130(a) and THSC, §382.054, by failing to submit an application for a federal operating permit; PENALTY: $6,800; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(2) COMPANY: Custom Pipe Coating, Inc.; DOCKET NUMBER: 2002-1255-AIR-E; IDENTIFIER: Air Account Number HG-0181-I; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: steel pipe coating; RULE VIOLATED: 30 TAC §§122.143(4), 122.145(2)(C), 122.146(2), and THSC, §382.085(b), by failing to timely submit the annual Title V Compliance Certification and its corresponding deviation report; PENALTY: $1,300; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3) COMPANY: El Chore Pit, Inc.; DOCKET NUMBER: 2003-0164-MSW-E; IDENTIFIER: Municipal Solid Waste (MSW) Unauthorized Site Number 455150069; Regulated Entity Identification Number RN100842251; LOCATION: Mission, Hidalgo County, Texas; TYPE OF FACILITY: unauthorized disposal site; RULE VIOLATED: 30 TAC §330.5(a), by failing to prevent the disposal of MSW at an unauthorized disposal site; PENALTY: $7,875; ENFORCEMENT COORDINATOR: Sandra Hernandez Alanis, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(4) COMPANY: Mohammad Rahman dba Food Heaven; DOCKET NUMBER: 2002-1072-PST- E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 0072561; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: gasoline retail station; RULE VIOLATED: 30 TAC §115.242(7) and THSC, §382.085(b), by failing to replace the unapproved vapor recovery nozzles with approved vapor recovery nozzles; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Wendy Cooper, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: Goodrich Corporation dba Turbine Component Services; DOCKET NUMBER: 2002-1239-IHW-E; IDENTIFIER: Solid Waste Registration Number 86107; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: metal stripping and cleaning; RULE VIOLATED: 30 TAC §335.69(a)(1)(B) and §335.112(a)(9), and 40 CFR §§262.34(a)(1)(ii), 262.192, and 265.193(a)(1), by failing to provide adequate secondary containment and failing to obtain a certified written integrity assessment of the tank system; and 30 TAC §335.475(5) and THSC, §361.505, by failing to prepare a source reduction and waste minimization plan; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Catherine Sherman, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(6) COMPANY: Grief Brothers Corporation; DOCKET NUMBER: 2003-0161-AIR-E; IDENTIFIER: Air Account Number HX-2263-V; Regulated Entity Identification Number RN102331212; LOCATION: La Porte, Harris County, Texas; TYPE OF FACILITY: drum painting; RULE VIOLATED: 30 TAC §115.115(c) and THSC, §382.085(b), by failing to test the oxidizers and failing to retest the capture efficiency; PENALTY: $15,000; ENFORCEMENT COORDINATOR: Sandra Hernandez Alanis, (956) 425-6010; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(7) COMPANY: Gruy Petroleum Management Co.; DOCKET NUMBER: 2002-1152-AIR-E; IDENTIFIER: Air Account Number GH-0008-G; LOCATION: McLean, Gray County, Texas; TYPE OF FACILITY: gas compression plant; RULE VIOLATED: 30 TAC §122.504(a)(4)(A) and THSC, §382.085(b), by failing to submit an application for a new authorization to operate; and 30 TAC §116.110(a) and THSC, §382.085(b) and §382.0518, by failing to obtain authorization to operate a source of air emissions; PENALTY: $3,680; ENFORCEMENT COORDINATOR: Ronnie Kramer, (806) 353-9251; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(8) COMPANY: Laredo Community College; DOCKET NUMBER: 2002-1245-PST-E; IDENTIFIER: PST Facility Identification Number 49644; LOCATION: Laredo, Webb County, Texas; TYPE OF FACILITY: vehicle maintenance and fleet refueling; RULE VIOLATED: 30 TAC §334.8(c)(4)(B) and (5)(A)(i) and the Code, §26.346 and §26.3467(a), by failing to complete and submit an underground storage tank registration and self-certification form and failing to make available to a common carrier a valid, current delivery certificate; PENALTY: $1,440; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(9) COMPANY: City of Log Cabin; DOCKET NUMBER: 2002-0074-PWS-E; IDENTIFIER: Public Water Supply Number 1070121; LOCATION: Log Cabin, Henderson County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(D) and THSC, §341.0315, by failing to meet the agency's minimum water system capacity requirements; 30 TAC §290.46(e)(1)(B), (f)(3)(A), (i), (j), (m)(1)(A), and (t) and THSC, §341.033(a) and (f), by failing to be at all times under the direct supervision of a competent operator holding a valid Grade C or higher groundwater operator's certificate, failing to maintain complete monthly reports of water works operation, failing to maintain all records that all chemicals used in treatment of water supplied by public water systems conform to American National Standards Institute/National Sanitation Foundation Standard 60 for direct additives, failing to adopt a customer service agreement, failing to complete a customer service inspection certification, failing to maintain the ground storage tank, failing to initiate a maintenance program, and failing to post a legible sign that provides the name of the regulated entity and an emergency telephone number; 30 TAC §290.41(c)(1)(F) and (3)(B), (J), and (O) and THSC, §341.036, by failing to maintain sanitary control easements, failing to provide a well casing 18 inches above the elevation of the finished floor of the pump house, failing to repair the cracked concrete sealing block, and failing to protect the well units with an intruder-resistant fence; 30 TAC §290.110(c)(5)(A), by failing to perform daily chlorine residual tests; and 30 TAC §290.43(c)(6) and THSC, §341.036(g), by failing to maintain all associated appurtenances tight against leakage and failing to cover and design, fabricate, erect, test, and disinfect all facilities for potable water storage; PENALTY: $3,225; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(10) COMPANY: Longhorn Glass Manufacturing, L.P. dba Longhorn Glass Corporation; DOCKET NUMBER: 2002-1392-AIR-E; IDENTIFIER: Air Account Number HG-0028-R; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: glass bottle manufacturing; RULE VIOLATED: 30 TAC §116.115(b)(2)(G) and (c), Air Permit Number 42623, and THSC, §382.085(b), by failing to operate within the permitted limit of 53.7 pounds per hour of sulfur dioxide; PENALTY: $6,300; ENFORCEMENT COORDINATOR: Trina Grieco, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(11) COMPANY: Luce Bayou Public Utility District; DOCKET NUMBER: 2002-0925-MWD- E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number 11167-001; LOCATION: Huffman, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), (4), and (5), TPDES Permit Number 11167-001, and the Code, §26.121, by failing to operate and maintain the collection system and failing to provide an all-weather access road to the wastewater treatment plant; PENALTY: $19,475; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(12) COMPANY: Mason County Feeders, Ltd.; DOCKET NUMBER: 2003-0095-AIR-E; IDENTIFIER: Air Account Number BG-1309-J; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: cattle feed production; RULE VIOLATED: 30 TAC §101.4 and THSC, §382.085(a), by failing to control recycled bread dust and odors; PENALTY: $1,050; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(13) COMPANY: City of Mission; DOCKET NUMBER: 2002-1191-MWD-E; IDENTIFIER: TPDES Permit Number 10484-001; LOCATION: Mission, Hidalgo County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and (5), TPDES Permit Number 10484-001, and the Code, §26l.121, by failing to prevent the discharge of floating solids or visible foam, failing to maintain an effluent single grab and average loading ammonia- nitrogen concentration of no more than 15 milligrams per liter (mg/L) and 115 pounds per day, failing to maintain an effluent minimum dissolved oxygen concentration of four mg/L, failing to maintain an effluent single grab total suspended solids concentration of no more than 60 mg/L, failing to ensure at all times the facility and all of its systems of collection, treatment, and disposal are properly maintained and operated, and failing to maintain an effluent single grab of no more than 35 mg/L; PENALTY: $1,050; ENFORCEMENT COORDINATOR: Sandra Hernandez Alanis, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(14) COMPANY: Nolan Oil Company, Inc.; DOCKET NUMBER: 2003-0073-PST-E; IDENTIFIER: Regulated Entity Number 102267366; LOCATION: Vidor, Orange 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: $1,120; ENFORCEMENT COORDINATOR: John Barry, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(15) COMPANY: Pilgrim's Pride Corporation; DOCKET NUMBER: 2002-0739-MWD-E; IDENTIFIER: TPDES Permit Number 03759-000; LOCATION: Nacogdoches, Nacogdoches County, Texas; TYPE OF FACILITY: chicken hatchery; RULE VIOLATED: 30 TAC §305.125(1) and (5), and TPDES Permit Number 03759-000, by failing to provide adequate maintenance of the treatment facilities, failing to monitor the flow entering the wastewater treatment ponds; failing to submit an annual report including the results of the total nitrogen loading and organic loading, failing to collect representative soil samples annually and determine the sodium adsorption ratio for the irrigation tract, and failing to submit an annual report including volume and quality of the wastewater used for irrigation; PENALTY: $5,425; ENFORCEMENT COORDINATOR: John Barry, (409) 898- 3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(16) COMPANY: Geoffrey Prose; DOCKET NUMBER: 2003-0418-OSI-E; IDENTIFIER: On- Site Sewage Facility Installer Identification Number OS5006; LOCATION: near Clark, Denton County, Texas; TYPE OF FACILITY: on-site sewage facility; RULE VIOLATED: 30 TAC §285.3(b)(1) and THSC, §366.051(c), by failing to obtain an authorization from the permitting authority before beginning construction; PENALTY: $200; ENFORCEMENT COORDINATOR: Sunday Udoetok, (512) 239-0739; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(17) COMPANY: The Spanos Corporation; DOCKET NUMBER: 2003-0264-EAQ-E; IDENTIFIER: Edwards Aquifer Protection Program File Number 02022201; LOCATION: Bee Cave, Travis County, Texas; TYPE OF FACILITY: real property; RULE VIOLATED: 30 TAC §213.23(a)(1), by failing to obtain approval of an Edwards Aquifer contributing zone plan; PENALTY: $1,280; ENFORCEMENT COORDINATOR: Larry King, (512) 339-2929; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(18) COMPANY: U.S. Clay, L.P.; DOCKET NUMBER: 2002-1414-AIR-E; IDENTIFIER: Air Account Number CD-0023-H; LOCATION: Brownsville, Cameron County, Texas; TYPE OF FACILITY: rock crushing; RULE VIOLATED: 30 TAC §101.4 and THSC, §382.085(a) and (b), by failing to prevent a discharge from any source whatsoever one or more air contaminants or combinations thereof; PENALTY: $1,050; ENFORCEMENT COORDINATOR: Sandra Hernandez Alanis, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550- 5247, (956) 425-6010.

(19) COMPANY: Wal-Mart Stores, Inc.; DOCKET NUMBER: 2002-0791-IWD-E; IDENTIFIER: TPDES Permit Number 03597; LOCATION: near Palestine, Anderson County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: TPDES Permit Number 03597 and the Code, §26.121(a), by failing to comply with effluent limitations for total suspended solids and biochemical oxygen demand; 30 TAC §319.1 and TPDES Permit Number 03597, by failing to notify the executive director of becoming aware of effluent violations over 40% of permitted values; and 30 TAC §319.11(c), by failing to mount a staff gauge to ensure accurate flow measurements; PENALTY: $7,440; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

TRD-200303471

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: June 10, 2003


General Land Office

Notice of Approval of Coastal Boundary Survey--Galveston County

Pursuant to §33.136 of the Natural Resources Code, notice is hereby given that Jerry Patterson, Commissioner of the General Land Office, approved a coastal boundary survey, Galveston County Art. 33.136 Sketch No. 19, submitted by Sidney Bouse, a Licensed State Land Surveyor, conducted in October 2002, locating the following shoreline boundary:

The mean high water line of part of the easterly shoreline of Lot 499, Section 2, and Lot 5, Section 3, of the Trimble and Lindsey Survey of Galveston Island, Galveston County, Texas, together with the intervening 50 foot roadway.

For a copy of this survey contact Archives and Records, Texas General Land Office at (512) 463-5277.

TRD-200303510

Larry L. Laine

Chief Clerk/Deputy Land Commissioner

General Land Office

Filed: June 11, 2003


Texas Department of Housing and Community Affairs

Multifamily Housing Revenue Bonds (Ash Creek Apartments) Series 2003

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Issuer") at S.S. Conner Elementary School, 3037 Greenmeadow Drive, Dallas, Texas 75228, at 6:00 p.m. on July 8, 2003 with respect to an issue of tax-exempt multifamily residential rental development revenue bonds in an aggregate principal amount not to exceed $15,000,000 and taxable bonds, if necessary, in an amount to be determined, to be issued in one or more series (the "Bonds"), by the Issuer. The proceeds of the Bonds will be loaned to Primrose Houston South Housing, L.P., a Texas limited partnership, or a related person or affiliate thereof (the "Borrower") to finance a portion of the costs of acquiring, constructing and equipping a multifamily housing development (the "Development") described as follows: a fenced and gated 280-unit conventional quality multifamily residential rental development to be located on the north side of the 2500 block of John West Road, Dallas, Texas. The Development will be initially owned and operated by the Borrower. The manager of the Development will be Southwest Housing Management Corporation, Attn: Beth Thompson, Vice President, (214) 891-7818. For information regarding the Development prior to the hearing contact Southwest Housing Development Corporation: Attn: Jeff Spicer, Senior Vice President, (214) 891-7838 or Christine Sullivan, Senior Project Manager, (512) 514-6024.

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

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

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

TRD-200303411

Edwina P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: June 6, 2003


Multifamily Housing Revenue Bonds (Evergreen at Mesquite) Series 2003

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Issuer") at Shands Elementary School, 4836 Shands, Mesquite, Texas 75150, at 6:00 p.m. on July 15, 2003 with respect to an issue of tax-exempt multifamily residential rental development revenue bonds in an aggregate principal amount not to exceed $11,000,000 and taxable bonds, if necessary, in an amount to be determined, to be issued in one or more series (the "Bonds"), by the Issuer. The proceeds of the Bonds will be loaned to PWA-Mesquite Senior Community, L.P., a limited partnership, or a related person or affiliate thereof (the "Borrower") to finance a portion of the costs of acquiring, constructing and equipping a multifamily housing development (the "Development") described as follows: 200-unit multifamily residential rental development to be located at 5201 Northwest Drive, Mesquite, Texas 75150. The project will be initially owned and operated by the Borrower. It is anticipated that units in the Development will be leased to seniors, age 55 and over.

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

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

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

TRD-200303410

Edwina P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: June 6, 2003


Multifamily Housing Revenue Bonds (Peninsula Apartments) Series 2003

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Issuer") at Dowling Middle School, located at 14000 Stancliff, Houston, Texas 77045, at 6:00 p.m. on July 9, 2003 with respect to an issue of tax-exempt multifamily residential rental development revenue bonds in an aggregate principal amount not to exceed $12,000,000 and taxable bonds, if necessary, in an amount to be determined, to be issued in one or more series (the "Bonds"), by the Issuer. The proceeds of the Bonds will be loaned to The Peninsula Apartments, L.P., a limited partnership, or a related person or affiliate thereof (the "Borrower") to finance a portion of the costs of acquiring, constructing and equipping a multifamily housing development (the "Development") described as follows: 280-unit multifamily residential rental development to be located in the 5100 and 5200 blocks of West Fuqua, Houston, Texas 77053. The project will be initially owned and operated by the Borrower.

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

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

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

TRD-200303412

Edwina P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: June 6, 2003


Houston-Galveston Area Council

Public Meeting Notice

Public Meeting on the Draft 2004-2005 Unified Planning Work Program (UPWP)

Thursday, June 26, 2003

3555 Timmons Lane, 2nd Floor Conference Room A

5:30 p.m. - 7 p.m.

On Thursday, June 26, 2003, the Houston-Galveston Area Council (H-GAC) will host a public meeting on the Draft 2004-2005 Unified Planning Work Program (UPWP). The UPWP outlines the proposed tasks and estimated cost associated with conducting the region's transportation planning and research for the next two years. The public is encouraged to attend this important meeting and provide comments to H-GAC.

The public comment period on the Draft UPWP begins Tuesday, June 10, 2003, and all comments must be received by H-GAC no later than 5 p.m., Friday, July 11, 2003 . Written comments may be submitted to Jerry Bobo, Houston-Galveston Area Council, P.O. Box 22777, Houston, Texas 77227, or jerry.bobo@h-gac.com. Comments can also be faxed to (713) 993-4508.

Copies of the Draft UPWP will be available at the meeting, as well as on the H-GAC Transportation Web site at www.h-gac.com/transportation or by calling (713) 993-4571. For more information, please contact Jerry Bobo, Transportation Program Manager, at (713) 993-4571 or jerry.bobo@h-gac.com.

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

TRD-200303491

Alan Clark

MPO Director

Houston-Galveston Area Council

Filed: June 11, 2003


Texas Department of Insurance

Insurer Services

Application for admission to the State of Texas by ANA COMPANIA DE SEGUROS S.A. DE C.V., a Mexican casualty company. The home office is in Mexico, City.

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

TRD-200303508

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: June 11, 2003


Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Trinity Lloyds Insurance Company proposing to use rates for private passenger automobile insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company is requesting flex percentages +23 to +51 by coverage, class, and territory. The overall rate change is +11.90%.

Copies of the filing may be obtained by contacting the Texas Department of Insurance, P&C Actuarial Division, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 475-3017.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101 §3(h), is made with the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by July 3, 2003.

TRD-200303406

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: June 5, 2003


Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Trinity Universal Insurance Company proposing to use rates for private passenger automobile insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company is requesting flex percentages +50 for Bodily Injury, Property Damage, Medical Payments, Personal Injury Protection; +51 for Uninsured Motorists; and +40 for Comprehensive and Collision coverages, under all classes and territories. The overall rate change is +13.2%.

Copies of the filing may be obtained by contacting the Texas Department of Insurance, P&C Actuarial Division, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 475-3017.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101 §3(h), is made with the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by July 3, 2003.

TRD-200303407

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: June 5, 2003


Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Trinity Universal Insurance Company of Kansas proposing to use rates for private passenger automobile insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company is requesting flex percentages +83 for Bodily Injury, Property Damage, Medical Payments, Personal Injury Protection, Uninsured Motorists; and +60 for Comprehensive and Collision coverages, under all classes and territories. The overall rate change is +13.5%.

Copies of the filing may be obtained by contacting the Texas Department of Insurance, P&C Actuarial Division, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 475-3017.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101 §3(h), is made with the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by July 3, 2003.

TRD-200303408

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: June 5, 2003


Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by The North River Insurance Company proposing to use rates for commercial automobile insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company is requesting flex percentages +30 for Liability and +35 for Physical Damage coverages, under all classes and territories. The overall rate changes are +52.9% (Liability) and +58.8% (Physical Damage).

Copies of the filing may be obtained by contacting the Texas Department of Insurance, P&C Actuarial Division, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 475-3017.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101 §3(h), is made with the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by July 9, 2003.

TRD-200303483

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: June 10, 2003


Third Party Administrator Applications

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

Application for admission to Texas of Babbitt Municipalities, Inc., a foreign third party administrator. The home office is Chicago, Illinois.

Application for admission to Texas of Avon Long Term Care Leaders LLC, a foreign third party administrator. The home office is Wilmington, Delaware.

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

TRD-200303511

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: June 11, 2003


Texas Lottery Commission

Instant Game Number 384 "9's In A Line"

1.0 Name and Style of Game.

A. The name of Instant Game No. 384 is "9'S IN A LINE". The play style is "three in a line".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 384 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 384.

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

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

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: 2, 3, 4, 5, 6, 7, 8, 9, $1.00, $2.00, $3.00, $9.00, $19.00, $49.00, $99.00, $199, and $900.

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

Figure 1: GAME NO. 384 - 1.2D

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

Figure 2: GAME NO. 384 - 1.2E

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

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

G. Low-Tier Prize - A prize of $1.00, $2.00, $3.00, $9.00, or $19.00.

H. Mid-Tier Prize - A prize of $49.00, $99.00, or $199.

I. High-Tier Prize - A prize of $900.

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

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (384), a seven (7) digit pack number and a three (3) digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be: 384-0000001-000.

L. Pack - A pack of "9'S IN A LINE" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 000 - 004 will be on the top page and tickets 005 - 009 will be on the next page and so forth with tickets 245 - 249 on the last page. Tickets 000 and 249 will be folded down to expose the pack-ticket number through the shrink-wrap.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "9'S IN A LINE" Instant Game No. 384 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "9'S IN A LINE" Instant Game is determined once the latex on the ticket is scratched off to expose 10 (ten) play symbols. If a player reveals three identical play symbols, 9's, either diagonally, vertically or horizontally then the player wins the prize shown. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 10 (ten) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have exactly 10 (ten) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

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

16. Each of the 10 (ten) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 10 (ten) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. No ticket will contain 3 or more of a kind other than the 9 symbol.

C. Every ticket will contain at least four 9's. The overall usage for the remaining play symbols will be approximately even.

2.3 Procedure for Claiming Prizes.

A. To claim a "9'S IN A LINE" Instant Game prize of $1.00, $2.00, $3.00, $9.00, $19.00, $49.00, $99.00, or $199, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $99 or $199 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "9'S IN A LINE" Instant Game prize of $900, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "9'S IN A LINE" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "9'S IN A LINE" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "9'S IN A LINE" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 20,198,250 tickets in the Instant Game No. 384. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 384 - 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 384 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 384, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200303403

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: June 5, 2003


Instant Game Number 386 "Weekly Grand"

1.0 Name and Style of Game.

A. The name of Instant Game No. 386 is "WEEKLY GRAND". This ticket contains three (3) games indicated as Game 1, Game 2, and Game 3. The play style of Game 1 is "Yours Beats Theirs". The play style of Game 2 is "Match 3". The play style of Game 3 is "Match 2 of 3".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 386 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 386.

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

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

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, $1.00, $2.00, $4.00, $5.00, $10.00, $40.00, $100, $300, MONEY BAG SYMBOL, GOLD BAR SYMBOL, POT OF GOLD SYMBOL, TOP HAT SYMBOL, CLOVER SYMBOL, DIAMOND SYMBOL, and GRAND.

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

Figure 1: GAME NO. 386 - 1.2D

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

Figure 2: GAME NO. 386 - 1.2E

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

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

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

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

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

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

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (386), a seven (7) digit pack number and a three (3) digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be: 386-0000001-000.

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

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "WEEKLY GRAND" Instant Game No. 386 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner of the "WEEKLY GRAND" Instant Game is determined once the latex on the ticket is scratched off to expose 15 (fifteen) play symbols. In Game 1, if the player’s YOUR NUMBER beats THEIR NUMBER, in any one row across, the player will win the prize for that row. If the player wins GRAND, the player will win $1,000 per week for 20 years. In Game 2, if the player matches 3 like amounts, the player will win that amount. If the player gets 3 GRAND symbols, the player will win $1,000 per week for 20 years. In Game 3, if the player matches 2 out of 3 symbols, the player will win $20 instantly. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

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

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2.2 Programmed Game Parameters.

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

B. No three or more like non-winning prize symbols on a ticket.

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

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

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

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

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

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

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

2.3 Procedure for Claiming Prizes.

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

B. To claim a "WEEKLY GRAND" Instant Game top-level prize of $1,000 per week for 20 years, the claimant must sign the winning ticket and present it at Texas Lottery Commission headquarters in Austin, Texas. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

1. Weekly via wire transfer to the claimant/winner’s account. This will be similar to the current "WEEKLY GRAND" (Game 326) payment process. With this plan, a payment of $1,000.00 less Federal withholding will be made once a week for twenty years. After the initial payment, installment payments will be made every Wednesday.

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

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

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

D. As an alternative method of claiming a "WEEKLY GRAND" Instant Game prize of $2.00, $4.00, $5.00, $10.00, $20.00, $40.00, or $300, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

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

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

2.6 If a person under the age of 18 years is entitled to a cash prize of $1,000 per week for 20 years from the "WEEKLY GRAND" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 24,640,750 tickets in the Instant Game No. 386. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 386 - 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 386 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 386, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200303464

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: June 9, 2003


North Central Texas Council of Governments

Notice of Consultant Contract Award

Pursuant to the provisions of Government Code, Chapter 2254, the North Central Texas Council of Governments publishes this notice of consultant contract award. The consultant proposal request appeared in the August 2, 2002, issue of the Texas Register (27 TexReg 6899). The selected consultant will perform technical and professional work for rail planning and public participation.

One of the consultants selected for this project is Carter and Burgess, Inc., 7950 Elmbrook Drive, Dallas, Texas. The maximum amount of this contract is $399,856.98.

Issued in Arlington, Texas on June 9, 2003.

TRD-200303458

R. Michael Eastland

Executive Director

North Central Texas Council of Governments

Filed: June 9, 2003


Notice of Consultant Contract Award

Pursuant to the provisions of Government Code, Chapter 2254, the North Central Texas Council of Governments publishes this notice of consultant contract award. The consultant proposal request appeared in the February 24, 2003 issue of the Texas Register . The selected consultant will assist eligible city and county governments within the NCTCOG region in developing, updating, and completing all-hazards emergency management plans - including interjurisdicitonal plans. The consultant will also be expected to assist in the creation of basic emergency plans for those cities and counties where such plans do not now exist.

The consultant selected for this project is Systems Research and Applications Corporation, 4300 Fair Lakes Court, Fairfax, Virginia. The maximum amount of this contract is $404,648. Work on this project began May 29, 2003.

Issued in Arlington, Texas June 5th, 2003.

TRD-200303487

R. Michael Eastland

Executive Director

North Central Texas Council of Governments

Filed: June 11, 2003


Public Utility Commission of Texas

Notice of Application for Certificate of Convenience and Necessity in Bell County, Texas

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application filed on June 6, 2003, for a certificate of convenience and necessity in Bell County, Texas.

Docket Style and Number: Application of Brazos Electric Power Cooperative, Incorporated (BEPC) for a Certificate of Convenience and Necessity (CCN) for a Double Circuit 138-kV Transmission Line in Bell County. Docket Number 27894.

The Application: On June 6, 2003, BEPC, the wholesale power provider for Bartlett Electric Cooperative, Incorporated, filed an application proposing to design and construct a single-pole double circuit 138 kV 795 MCM transmission line and an in-line 138/25 kV 9375-kVA substation with two 3-phase bays and one spare bay. The proposed transmission line will be approximately 6.9 miles in length and will require a 70-foot wide right-of-way (35 feet on each side of the centerline). The proposed substation should encompass not more than five acres. The estimated cost of the proposed project is $6,372,650.

BEPC's Preferred Route (H-I-L-M-N-G) -- BEPC's preferred route will begin at point approximately 0.2 miles west of BEPC's existing Trimmier substation located at the intersection of Trimmier Road and Lakeview Rd. in Bell County, Texas. From this point, BEPC's proposed double circuit 138 kV transmission line will proceed south-southwest for approximately 1.0 mile crossing Onion Creek to a point just south of Rock Creek. From this point, the proposed transmission line will proceed for approximately 2.4 miles south-southeast utilizing U.S. Army Corp. of Engineer property. The transmission line will cross the Lampasas River and proceed to FM 2484. From this point, the proposed transmission line will cross FM 2484 and proceed for approximately 1.0 mile south paralleling the crushed stone/quarry operation's eastern property line. At this point, the transmission line will turn west for approximately one mile paralleling the crushed stone/quarry operation's southern property line. From this point, the proposed transmission line will turn south towards Crow Ranch Road for approximately 1.1 miles paralleling a fence/property line. At this point, the transmission line will turn south-southwest for approximately 0.5 miles terminating in the proposed Cedar Valley substation located in the southwestern corner of the intersection of Cedar Valley Road and Crow Ranch Road in Bell County, Texas.

BEPC's Alternate Route (H-I-J-K-G) -- BEPC's alternate route will begin at point approximately 0.2 miles west of BEPC's existing Trimmier substation located at the intersection of Trimmier Road and Lakeview Road in Bell County, Texas. From this point, BEPC's proposed double circuit 138 kV transmission line will proceed south-southwest for approximately 1.0 mile crossing Onion Creek to a point just south of Rock Creek. From this point, the transmission line will continue southwest for approximately 1.5 miles crossing Live Oak Road and proceeding to U.S. Army Corp. of Engineer property. At this point, the transmission line will turn south and proceed for approximately 1.8 miles utilizing Corp. of Engineer property. The transmission line will cross the Lampasas River and proceed to FM 2484. From this point, the transmission line will continue south for approximately 2.0 miles paralleling the crushed stone/quarry operation's western property line and continuing south attempting to follow landowner fence/property lines ultimately terminating in the proposed Cedar Valley substation located in the southwestern corner of the intersection of Cedar Valley Road and Crow Ranch Road in Bell County, Texas.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by July 21, 2003, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 27894.

TRD-200303459

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 9, 2003


Notice of Application for Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on June 5, 2003, for a certificate of operating authority (COA), pursuant to §§54.101 - 54.105 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of VoiceText Interactive, Inc., d/b/a VoiceText.Com for a Certificate of Operating Authority, Docket Number 27922 before the Public Utility Commission of Texas.

Applicant intends to provide resold local exchange services.

Applicant's requested COA geographic area includes the area of Texas served by SBC-Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than June 25, 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 27922.

TRD-200303460

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 9, 2003


Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on June 6, 2003, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Symatec Communications for a Service Provider Certificate of Operating Authority, Docket Number 27926 before the Public Utility Commission of Texas.

Applicant intends to provide facilities-based and resale telecommunications services.

Applicant's requested SPCOA geographic area includes the entire State of Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than June 25, 2003. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 27926.

TRD-200303461

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 9, 2003


Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on June 6, 2003, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of TelSon Communications, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 27929 before the Public Utility Commission of Texas.

Applicant intends to provide resale telecommunications services.

Applicant's requested SPCOA geographic area initially includes resale only in the SBC service area, and subsequently the entire State of Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than June 25, 2003. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 27929.

TRD-200303463

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 9, 2003


Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on June 9, 2003, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of CM Tel (USA) LLC for a Service Provider Certificate of Operating Authority, Docket Number 27930 before the Public Utility Commission of Texas.

Applicant intends to provide resale telecommunications services.

Applicant's requested SPCOA geographic area includes the service territories of SBC and Verizon.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than June 25, 2003. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 27930.

TRD-200303498

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 11, 2003


Public Notice of Amendment to Interconnection Agreement

On June 3, 2003, Southwestern Bell Telephone, L.P. doing business as SBC Texas and GCEC Technologies, 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 27906. 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 27906. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by July 3, 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 27906.

TRD-200303394

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 5, 2003


Public Notice of Amendment to Interconnection Agreement

On June 3, 2003, Southwestern Bell Telephone, L.P. doing business as SBC Texas and Trinity Valley Services, Incorporated, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2003) (PURA). The joint application has been designated Docket Number 27908. 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 27908. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by July 3, 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 27908.

TRD-200303392

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 5, 2003


Public Notice of Amendment to Interconnection Agreement

On June 3, 2003, Southwestern Bell Telephone, L.P. doing business as SBC Texas and BasicPhone, Incorporated, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2003) (PURA). The joint application has been designated Docket Number 27909. 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 27909. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by July 3, 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 27909.

TRD-200303398

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 5, 2003


Public Notice of Amendment to Interconnection Agreement

On June 3, 2003, Southwestern Bell Telephone, L.P. doing business as SBC Texas and Capital 4 Outsourcing, Incorporated, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2003) (PURA). The joint application has been designated Docket Number 27910. 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 27910. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by July 3, 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 27910.

TRD-200303397

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 5, 2003


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

Notice is given to the public of the filing, on June 3, 2003, with the Public Utility Commission of Texas (commission), a notice of intent to file a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule 26.215. The Applicant will file the LRIC study on or about June 13, 2003.

Docket Title and Number. Verizon Southwest's Application for Approval of LRIC Study for IntraLATA Toll Pursuant to P.U.C. Substantive Rule 26.215, Docket Number 27913.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 27913. Written comments or recommendations should be filed no later than 45 days after the date of a sufficient study and should be filed at the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Customer Protection Division at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200303388

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 4, 2003


Public Notice of Interconnection Agreement

On June 3, 2003, Lipan Telephone Company, Incorporated and Nextel Communications, Incorporated doing business as Nextel of Texas, Incorporated, 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 27905. 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 27905. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by July 3, 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 27905.

TRD-200303395

Rhonda G. Dempsey

Rules Coordinator

Pubic Utility Commission of Texas

Filed: June 5, 2003


Public Notice of Interconnection Agreement

On June 3, 2003, Southwestern Bell Telephone, L.P. doing business as SBC Texas and Cypress Communications Operating Company, Incorporated, 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 27907. 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 27907. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by July 3, 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 27907.

TRD-200303393

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 5, 2003


Public Notice of Interconnection Agreement

On June 3, 2003, Hill Country Telephone Cooperative, Incorporated and Sprint Spectrum L.P., 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 27911. 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 27911. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by July 3, 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 27911.

TRD-200303396

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 5, 2003


Public Notice of Interconnection Agreement

On June 4, 2003, SBC Advanced Solutions, Incorporated and United Communications Systems, Incorporated, 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 27914. 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 27914. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by July 3, 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 27914.

TRD-200303405

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 5, 2003


Public Notice of Interconnection Agreement

On June 6, 2003, Santa Rosa Telephone Cooperative, Inc. and Sprint Spectrum doing business as Sprint PCS Systems, Inc., 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 27928. 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 27928. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by July 7, 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 27928.

TRD-200303462

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 9, 2003


Public Notice of Workshop on Amendments to §25.474 (i)-(o), relating to Selection or Change of Retail Electric Provider, and §25.481, relating to Unauthorized Charges

The Public Utility Commission of Texas (commission) will hold a workshop regarding amendments to Substantive Rule §25.474(i)-(o), relating to Selection of Change of Retail Electric Provider, and §25.481, relating to Unauthorized Charges, on Wednesday, June 25, 2003, at 9:00 a.m. in the Commissioners Hearing Room, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 27084, PUC Rulemaking to Revise Customer Protection Rules , has been established for this proceeding.

The commission requests that interested parties submit draft rule language that addresses the following questions prior to the workshop:

1. What amendments should be made to §25.475 (i)-(o) regarding customer switches so that the rule provides adequate and appropriate protections for retail customers, while not requiring REPs to incur unnecessary compliance costs? Please provide recommendations for specific language.

2. What amendments should be made to §25.475 (i)-(o) to improve the process for customers who are switched without their authorization? Please provide recommendations for specific language.

3. What amendments should be made to §25.481 regarding unauthorized charges so that the rule provides adequate and appropriate protections for retail customers, while not requiring REPs to incur unnecessary compliance costs? Please provide recommendations for specific language.

Responses may be filed by submitting 16 copies by June 18, 2003 to the commission's Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, PO Box 13326, Austin, Texas 78711-3326. All responses should reference Project Number 27084. Parties are also asked to send a copy of filed documents to the project electronic mailing list at CUSTRULE@puc.state.tx.us.

Prior to the workshop the commission will make available in Central Records under Project Number 27084 an agenda for the format of the workshop. Copies of the agenda will also be available on the commission's website at www.puc.state.tx.us.

Questions concerning the workshop or this notice should be referred to Carrie Collier, Analyst-Retail Market Oversight, Electric Division, at (512) 936-7163. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200303492

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 11, 2003


Public Notice of Workshop to Examine Procedural Rules Relating to the Formal and Informal Resolution of Disputes Involving Telecommunications Providers

The Staff of the Public Utility Commission of Texas (commission) will hold a workshop in Project Number 25599, PUC Proceeding to Examine Procedural Rules Relating to the Formal and Informal Resolution of Disputes Involving Telecommunications Providers, Including PUC Procedural Rules P, Q, and R , on Tuesday, July 1, 2003, at 9:00 a.m. in the Commissioners' Hearing Room, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701.

The purpose of the workshop is to discuss proposed modifications to the rules. Interested parties should come to the workshop prepared to discuss the proposed changes. Interested parties will also have an opportunity to suggest alternatives. A draft of the proposed modifications will be available on the commission website at http://www.puc.state.tx.us/rules/rulemake/index.cfm#tele under Project Number 25599 on June 23, 2003.

Questions concerning the workshop or this notice should be referred to Diane Parker, Arbitration Project Manager, Policy Development Division, 512-936-7204. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at 512-936-7136.

TRD-200303484

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 10, 2003


Training Workshop Relating to Confidential Materials

The Public Utility Commission of Texas (P.U.C. or commission) will hold a Training Workshop Relating to the Submission of Confidential Materials on June 30, 2003, from 1:00 p.m. until 3:00 p.m. in the Commissioners' Hearing Room at 1701 North Congress Avenue, Austin, Texas.

This workshop is being conducted for outside parties who submit confidential materials to the commission and is being held to better inform and instruct them on P.U.C. Procedural Rule §22.71(d). While all are encouraged and invited to attend, this workshop will be most beneficial to those persons who actually prepare the confidential materials for submission to the commission.

The topics of the workshop will include the commission's procedural rule, how the materials are handled while in the custody of the commission, and how the materials are returned to parties after a case is closed.

Those attending are asked to bring a copy of P.U.C. Procedural Rule §22.71 with them. A copy of the procedural rule can be printed out by going to the website: http://www.puc.state.tx.us/rules/procrules/pr-e/22.71/22.71.pdf

To register for the workshop contact Carol Milner, Confidential Documents Manager, carol.milner@puc.state.tx.us no later than June 23, 2003, with the name of your company and the number of persons attending.

TRD-200303428

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 6, 2003


Texas A&M University, Board of Regents

Public Notice Issued June 6, 2003--Announcement of Finalist for the Position of Director of the Texas Engineering Extension Service

Pursuant to Section 552.123, Texas Government Code, the following candidate is the finalist for the position of Director of the Texas Engineering Extension Service (a part of The Texas A&M University System). Upon the expiration of twenty-one days, final action is to be taken by the Board of Regents of The Texas A&M University System:

Robert L. (Lanny) Smith

TRD-200303433

Vickie Burt Spillers

Executive Secretary to the Board of Regents of The Texas A&M University System

Texas A&M University, Board of Regents

Filed: June 6, 2003


Public Notice Issued June 6, 2003--Announcement of Finalist for the Position of President of Prairie View A&M University

Pursuant to Section 552.123, Texas Government Code, the following candidate is the finalist for the position of President of Prairie View A&M University (a part of The Texas A&M University System). Upon the expiration of twenty-one days, final action is to be taken by the Board of Regents of The Texas A&M University System:

George Carlton Wright

TRD-200303432

Vickie Burt Spillers

Executive Secretary to the Board of Regents of The Texas A&M University System

Texas A&M University, Board of Regents

Filed: June 6, 2003


Texas Water Development Board

Notice of Public Hearing

An attorney with the Texas Water Development Board will conduct a public hearing beginning at 9:00 a.m., July 22, 2003, Room 118, Stephen F. Austin Building, 1700 North Congress Avenue, Austin, Texas 78701, on the proposed Fiscal Year 2004 Intended Use Plan for the Drinking Water State Revolving Fund (DWSRF).

The Intended Use Plan contains a combined list of projects for large and small communities, including projects for privately owned water systems and projects for entities which have qualified as disadvantaged communities. Projects are listed in priority order. The Intended Use Plan describes the sources and uses of funds for projects as well as for set-aside activities. The proposed Intended Use Plan has been prepared pursuant to rules for the DWSRF as adopted by the Texas Water Development Board in 31 T.A.C. Chapter 371.

Interested persons are encouraged to attend the hearing and to present relevant and material comments concerning the proposed Intended Use Plan. In addition, persons may participate in the hearing by mailing written comments before July 22, 2003 to Helen Dean, Manager, Grant Administration and Special Reporting, Texas Water Development Board, P.O. Box 13231, Capitol Station, Austin, Texas 78711. Written comments will also be accepted for thirty (30) days following the July 22, 2003 hearing. Copies of the proposed 2004 Intended Use Plan will be available in Room 543 of the Stephen F. Austin Building or may be obtained from the Grant Administration and Special Reporting Section, Texas Water Development Board, P.O. Box 13231, Capitol Station, Austin, Texas 78711.

The hearing is being conducted pursuant to 31 Texas Administrative Code, §371.11 and 40 Code of Federal Regulations Part 25.

TRD-200303502

Gail L. Allan

Deputy Counsel

Texas Water Development Board

Filed: June 11, 2003


Notice of Public Hearing

An attorney with the Texas Water Development Board will conduct a public hearing beginning at 9:00 a.m., August 6, 2003, Room 118, Stephen F. Austin Building, 1700 North Congress Avenue, Austin, Texas 78701, on the proposed Fiscal Year 2004 Intended Use Plan for the Clean Water State Revolving Fund (CWSRF).

The Intended Use Plan contains a listing of treatment works projects in prioritized order which will be considered for funding in FY 2004 through the CWSRF program. The proposed Intended Use Plan has been prepared pursuant to rules for the CWSRF as adopted by the Texas Water Development Board in 31 T.A.C. Chapter 375.

Interested persons are encouraged to attend the hearing and to present relevant and material comments concerning the proposed Intended Use Plan. In addition, persons may participate in the hearing by mailing written comments before August 6, 2003 to Helen Dean, Manager, Grant Administration and Special Reporting, Texas Water Development Board, P.O. Box 13231, Capitol Station, Austin, Texas 78711. Copies of the proposed 2004 Intended Use Plan will be available in Room 543 of the Stephen F. Austin Building or may be obtained from the Grant Administration and Special Reporting Section, Texas Water Development Board, P.O. Box 13231, Capitol Station, Austin, Texas 78711.

The hearing is being conducted pursuant to 31 Texas Administrative Code, §375.11 and 40 Code of Federal Regulations Part 25.

TRD-200303503

Gail L. Allan

Deputy Counsel

Texas Water Development Board

Filed: June 11, 2003


Texas Workers' Compensation Commission

Correction of Error

The Texas Workers' Compensation Commission adopted amendments to 28 TAC §§180.20,180.21, and 180.23, concerning Medical Benefit Regulation, published in the May 30, 2003, issue of the Texas Register (28 TexReg 4294). The preamble and §180.23 contained errors as indicated below:

On page 4298, left column 1st full paragraph, 2nd sentence. The word "been" was omitted. The sentence should read as follows: "Amendments to subsection (i)(1) also conform with the amendments to subsection (c) by stating that the lists provided by the commission will include the names and information about doctors whose application to be on the ADL has been denied, but not those whose application was rejected because it was incomplete."

On page 4298, right column, 6th full paragraph, 6th sentence. The words "may perform" were repeated. "Non-Medical Management" should replace "Designated Doctor's List (DDL)". The sentence should read as follows: "As discussed above, the rule as proposed has been revised in the adopted rule to allow a doctor with a Non-Medical Management designation to participate in a network and to clarify that a doctor with a Level 1 Certificate of Registration may perform any utilization review or peer review functions, not just those reviews requested by a carrier."

On page 4307, left column. The last sentence in §180.23(c)(1)(D) was unclear. The sentence should read as follows: "However, this designation does not allow the doctor to perform any of the functions listed in subsection (c)(1)(B) of this section."

TRD-200303521