TITLE in-addition

Office of the Attorney General

Notice Regarding Private Real Property Rights Preservation Act (SB 14) Guidelines

In 1995 the Legislature enacted Senate Bill 14, the Private Real Property Rights Preservation Act (the Act), codified at Government Code, Chapter 2007. As required by the Act, the Office of the Attorney General prepared Guidelines to assist governmental entities in identifying and evaluating those governmental actions that might result in a taking of private real property. Those Guidelines were published in the January 12, 1996 issue of the Texas Register (21 TexReg 387). Current versions of the guidelines appear on the Office of the Attorney General website at www.oag.state.tx.us, and are published at 27 TexReg 10173. The Act also requires the Office of the Attorney General to review the Guidelines at least annually and revise them as necessary.

The Office of the Attorney General has begun its annual review and invites comments whether the Guidelines are consistent with actions of the 78th Legislature and the decisions of the United States and Texas Supreme Courts from June 1, 2002 through May 31, 2003. Please address comments to Cue D. Boykin, Assistant Attorney General, Office of the Attorney General, Post Office Box 12548, Austin, TX 78701-2548 no later than August 15, 2003.

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

TRD-200303748

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: June 18, 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(s) during the period of June 6, 2003, through June 12, 2003. The public comment period for these projects will close at 5:00 p.m. on July 18, 2003.

FEDERAL AGENCY ACTIONS:

Applicant: Brazos Pilots Association; Location: The project is located at along a private canal adjacent to the Gulf Intracoastal Waterway at 2502 Deep Sea Drive, Freeport, in Brazoria County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Freeport, Texas. Approximate UTM Coordinates: Zone 15; Easting: 272195; Northing: 3201439. Project Description: The applicant proposes to remove up to 600 cubic yards of material by hydraulic dredge to a depth of -6 feet Mean Low Tide (MLT), from a current depth of -4 feet MLT, and place it in the Brazos River Harbor Navigation District Disposal Area known as Confined Placement Site No. 2-3 with 10 years maintenance dredging to -6 MLT. The applicant has an agreement with the Brazos River Harbor Navigation District to use the placement area. CCC Project No.: 03-0188-F1; Type of Application: U.S.A.C.E. permit application #23010 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).

Applicant: J.C. Huck, Sr.; Location: The project is located along Old Oyster Creek Cut, in Village of Surfside Beach, Brazoria County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Freeport, Texas. Approximate UTM Coordinates: Zone 15; Easting: 276696; Northing: 3205723. Project Description: The applicant proposes to construct three boat sheds and slips. Shed B will be 25 feet in length and 43 feet wide. Shed C will be 25 feet in length and 13 feet wide. Shed D will be 25 feet in length and 30 feet wide. The purpose for the construction of the boat sheds and lifts is to provide for retirement income and the need for boatlifts in the area. CCC Project No.: 03-0197-F1; Type of Application: U.S.A.C.E. permit application #22806(01) is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).

Applicant: Pioneer Natural Resources, Inc.; Location: The project is located in the Outer Continental Shelf Federal Waters, Gulf of Mexico, in the East Breaks Safety Fairway in Blocks 354 and 310, Offshore Texas. The entire project will extend from an existing platform, located in Mustang Island Block A-103, 32 miles southeasterly to an existing manifold in East Breaks Block 579. Project Description: The applicant proposes to install, operate, and maintain a 10-inch bulk natural gas pipeline to transport production from a subsea manifold in East Breaks Block 579 to a host platform located in Mustang Island Block A-103. The entire project is approximately 32 miles in length. The permit area is limited to East Breaks Blocks 354 and 310, the portion crossing the Federal Fairway. The pipeline will be laid on the sea floor in water depths of approximately 500 feet to 750 feet within the fairway. CCC Project No.: 03-0198-F1; Type of Application: U.S.A.C.E. permit application #23077 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).

Applicant: Village of Tiki Island; Location: The project is located at 802 Tiki Drive, adjacent to the shoreline of a 7.2-acre marsh complex on Tiki Island, Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Virgina Point, Texas. Approximate UTM Coordinates: West side of proposed breakwater: Zone 15; Easting: 314700; Northing: 3242187. East side of proposed breakwater: Zone 15; Easting: 314857; Northing: 3242309. Project Description: The applicant proposes to construct a breakwater waterward of the existing shoreline of a 7.2-acre marsh complex located on Tiki Island. The breakwater would be constructed of 80-pound concrete bags placed in an alternating configuration and anchored at 1-foot intervals with iron rebar for stability. The breakwater would follow the approximate 0 (National Geodetic Vertical Datum (NGVD) elevation contour for an estimated 980 linear feet along the West Bay shoreline and would be targeted to a height approximately 2.0 NGVD. Eight-foot-wide (top) gaps would be left in the breakwater to an elevation of 0.6 NGVD at 100-foot intervals to ensure proper water circulation and ingress/egress of marine organisms and detrital nutrients. The project would provide protection from wind and wave erosion for 7.2 acres of eroding marsh, tidal flats, and oyster reef along the shoreline of West Bay of Tiki Island. Additionally, marsh vegetation would be planted along the existing shoreline. The goal is for sediment to accrete behind the breakwater and provide additional substrate for marsh or sedgerass colonization in the resulting lagoon. Approximately 110 cubic yards of concrete (in 80 pounds bags) would be used for this project with a footprint of 0.04 acres of waters. CCC Project No.: 03-0199-F1; Type of Application: U.S.A.C.E. permit application #23035 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).

FEDERAL AGENCY ACTIVITIES:

Applicant: PBS&J Location: The project is located in the south side of the Corpus Christi Ship Channel (CCSC) in Corpus Christi Bay, south of Port Ingleside, Nueces County, Texas. Project Description: The berthing facility, designed to accommodate up to three vessels, was constructed to provide safe lay berths for vessels waiting to enter or leave the Port of Corpus Christi. Construction costs for the berthing facility was $3.1 million. The berthing facility comprises mooring dolphins, mooring anchors, and wooden three pile structures. Six mooring dolphins were constructed in May 1979 and are large concrete deck structures supported by steel piles, located on the north side of the berthing facility referred to as B1 to B6 (east to west). Ten mooring anchors, constructed in April 1983, are smaller concrete deck structures supported by concrete piles, located on the south side of the berthing facility referred to as M1 to M10 (east to west). The three pile wooden clusters consist of groups of three wooden piles that act as additional fendering around the mooring anchors. Since construction, none of the facilities have been used for their designated purpose. Periodic inspection and maintenance have not prevented damage to the facilities caused by unauthorized use and natural deterioration. Damage to the structures and natural deterioration has rendered the berthing facility unusable and is creating a potential navigation hazard for commercial barge and recreational boat traffic. In August 1992, the facilities were closed to public use.

The existing berthing facility along the CCSC is no longer used by deep draft vessels and is creating a potential navigation hazard for commercial barge and recreational boat traffic. The USACE proposes to remove the berthing facility by a method that involves hydro jetting and/or dredging via drag line in an impact area extending 50 feet around each structure. The maximum amount of material to be potentially excavated will be 7,5000 cubic yards (cy) of material (over 2.8 acres) of impact area for the mooring anchors, and 1,700 cy (over 1.8 acres) for the mooring dolphins. Any excavated material associated with the mooring dolphins would be temporarily sidecast within the 50-foot impact area and replaced after removal of the structures. Excavated material associated with the mooring anchors would be temporarily sidecast on a barge and replaced after removal of the structure is complete. Turbidity curtains would be utilized around the 50-foot impact area. Impacts to approximately 0.8 acres of patchy shoalgrass will be mitigated through a replanting effort. The proposed project impacts would not exceed 8 acres of bottom surface area. Concrete rubble generated by removal work will be used for a beneficial purpose, if possible. The USACE proposes to donate the concrete decks, steel piles, and concrete piles to the Texas Parks and Wildlife Artificial Reef Program. The contractor will be responsible for disposal of ancillary materials. CCC Project No.: 02-0191-F2; Type of Application: U.S.A.C.E. permit application #23035 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).

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-200303752

Jerry E. Patterson

Commissioner, General Land Office

Coastal Coordination Council

Filed: June 18, 2003


Comptroller of Public Accounts

Local Sales Tax Rate Changes Effective July 1, 2003

TRD-200303711

Martin Cherry

Chief Deputy General Counsel

Comptroller of Public Accounts

Filed: June 17, 2003


Notice of Contract Award

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 award in connection with Request for Proposals (RFP #155a) to assist the Comptroller in conducting Medicaid Managed Care Premium Payment Audits.

A contract was awarded to: Interim Solutions for Businesses Incorporated, 7107 Beauford Drive, Austin, Texas 78750. The total amount of this contract is not to exceed $32,000.00. The term of the contract is June 12, 2003 through September 30, 2003.

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

The notice of request for proposals (RFP #155a) was published in the March 28, 2003, issue of the Texas Register (28 TexReg 2755).

TRD-200303570

William Clay Harris

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: June 13, 2003


Notice of Request for Proposals

Notice of Request for Proposals: Pursuant to Chapter 2254, Subchapter B, Texas Government Code, and Chapter 54, Subchapters F and G, Texas Education Code, the Comptroller of Public Accounts (Comptroller) on behalf of the Texas Prepaid Higher Education Tuition Board (Board) announces its Request for Proposals (RFP #157a) for the purpose of obtaining investment consulting services for the Board. The selected consultant (Consultant) will advise and assist the Board and the Comptroller in administering all of the Board's investment activities related to the Texas Tomorrow Constitutional Trust Fund (Fund). The Fund currently includes a prepaid tuition program and a college savings plan as authorized under Section 529 of the Internal Revenue Code. The Comptroller, as Chair and Executive Director of the Board, is issuing this RFP in order that the Board may move forward with retaining the necessary Consultant. The Comptroller and the Board reserve the right to award more than one contract under the RFP. If approved by the Board, the Consultant will be expected to begin performance of the contract on or about September 2, 2003.

Contact: Parties interested in submitting a proposal should contact John C. Wright, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., Room G-24, Austin, Texas 78774, (512) 305-8673, to obtain a complete copy of the RFP. The Comptroller will mail copies of the RFP only to those parties specifically requesting a copy. The RFP will be available for pick-up at the above referenced address on Friday, June 20, 2003, between 2:00 p.m. and 5:00 p.m. Central Zone Time (CZT), and during normal business hours thereafter. The Comptroller will also make the entire RFP available electronically on the Texas Marketplace after Friday, June 20, 2003, 2:00 p.m. CZT. The Texas Marketplace website address is http://esbd.tbpc.state.tx.us.

Questions and Non-Mandatory Letters of Intent: All written inquiries, questions, and non-mandatory Letters of Intent to propose must be received at the above-referenced address not later than 2:00 p.m. (CZT) on Friday, June 27, 2003. Prospective proposers are encouraged to fax non-mandatory Letters of Intent and Questions to (512) 475-0973 to ensure timely receipt. The Letter of Intent must be addressed to John C. Wright, Assistant General Counsel, Contracts, and must contain the information as stated in the corresponding Section of the RFP and be signed by an official of that entity. Non-mandatory Letters of Intent and Questions received after this time and date will not be considered. On or before Tuesday, July 1, 2003, the Comptroller expects to post responses to questions as a revision to the Texas Marketplace notice of issuance of this RFP.

Closing Date: Proposals must be delivered to the Office of Assistant General Counsel, Contracts, at the location specified above (ROOM G24) no later than 2:00 p.m. (CZT), on Monday, July 14, 2003. Proposals received in ROOM G24 after this time and date will not be considered.

Evaluation Criteria: Proposals will be evaluated under the evaluation criteria outlined in the RFP. The Board makes the final decision on award(s).

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

The anticipated schedule of events pertaining to this solicitation is as follows: Issuance of RFP - June 20, 2003, 2:00 p.m. CZT; Non-Mandatory Letter of Intent to propose and Questions Due - June 27, 2003, 2:00 p.m. CZT; Official Responses to Questions posted - July 1, 2003; Proposals Due - July 14, 2003, 2:00 p.m. CZT; Contract Execution - August 29, 2003, or as soon thereafter as practical; Commencement of Work - September 2, 2003. Revisions to this schedule will be posted as revisions to the Texas Marketplace notice of issuance of this RFP.

TRD-200303743

William Clay Harris

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: June 18, 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 303.003, 303.009, and 304.003, Tex. Fin. Code.

The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the period of 06/23/03 - 06/29/03 is 18% for Consumer 1 /Agricultural/Commercial2 /credit thru $250,000.

The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the period of 06/23/03 - 06/29/03 is 18% for Commercial over $250,000.

The judgment ceiling as prescribed by Sec. 304.003 for the period of 07/01/03 - 07/31/03 is 10% for Consumer/Agricultural/Commercial/credit thru $250,000.

The judgment ceiling as prescribed by Sec. 304.003 for the period of 07/01/03 - 07/31/03 is 10% for Commercial over $250,000.

1 1 Credit for personal, family or household use.

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

TRD-200303738

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: June 18, 2003


Credit Union Department

Application for a Merger or Consolidation

Notice is given that the following application has been filed with the Credit Union Department and is under consideration:

An application was received from Texas Steel Credit Union (Fort Worth) seeking approval to merge with My Federal Credit Union (Fort Worth) with the latter being the surviving credit union.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.

TRD-200303736

Harold E. Feeney

Commissioner

Credit Union Department

Filed: June 18, 2003


Application to Amend Articles of Incorporation

Notice is given that the following application has been filed with the Credit Union Department and is under consideration:

An application for a name change was received for Cameron Credit Union, Houston, Texas. The credit union is proposing to change its name to Texas One Community Credit Union.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.

TRD-200303735

Harold E. Feeney

Commissioner

Credit Union Department

Filed: June 18, 2003


Applications to Expand Field of Membership

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

An application was received from Cameron Credit Union, Houston, Texas to expand its field of membership. The proposal would permit persons who live, work, or attend school within the geographic area from North of Loop 610 to the West of Interstate 45 to the South of Farm Road 2920 and to the East of Highway 290, which includes United States Postal Zip Codes 77018, 77092, 77091, 77088, 77040, 77041, 77086, 77064, 77065, 77095, 77429, 77375, 77070, 77379, 77069, 77066, 77388, and 77379, to be eligible for membership in the credit union.

An application was received from Community Credit Union, Plano, Texas to expand its field of membership. The proposal would permit persons who work or reside within a 10-mile radius of the following CCU Branch locations: 3040 N. Josey Lane, Carrollton, TX 75007; 2150 S. Hwy. 121, Lewisville, TX 75067; 1301 Custer Rd., Plano, TX 75075; 2225 W. Ledbetter, Dallas, TX 75224; 10203 E. Northwest Highway, Dallas, TX 75238; 2100 W. Northwest Highway, Grapevine, TX 76051; 18212 Preston Rd., Dallas, TX 75252; 2645 Arapaho Rd., Garland, TX 75044; 215 N. Carrier Pkwy., Grand Prairie, TX 75050; 14211 Coit Rd., Richardson, TX 75254; 6800 W. Virginia Pkwy., McKinney, TX 75070; 921 Westgate Way, Wylie, TX 75098; 4268 Legacy Drive, Frisco, TX 75034; 2101 Justin Rd., Flower Mound, TX 75028; 309 Main St., Frisco, TX 75034;1108 N. Hwy.377, Roanoke, TX 76262; 3630 Forest Lane, Dallas, TX 75229; SE corner of Hwy 205 and Quail Run, Rockwall, TX 75032; NE corner of Garden Ridge and Main, Lewisville, TX 75067, to be eligible for membership in the credit union.

An application was received from Community Credit Union, Plano, Texas to expand its field of membership. The proposal would permit persons who work or reside in, attend school in, are paid from, business and non-business entities, organizations, and associations within the Northwest Independent School District, to be eligible for membership in the credit union.

An application was received from Members Choice Credit Union, Houston, Texas to expand its field of membership. The proposal would permit persons who attend school in the area of Houston bounded by Highway U.S. 59 to the Montgomery County line on the west, the Montgomery County line of the north, the East Fork San Jacinto River, Lake Houston, and the San Jacinto River on the east, Highway U.S. 90 on the south to Beltway 8, and Beltway 8 on the south of its intersection with Highway U.S. 59 and also within the boundaries of the Katy and Cy-Fair Independent School Districts to be eligible for membership in the credit union. In addition, the application seeks to remove exclusionary language relating to individuals who work or reside in the above noted areas that are within the field of membership of Members Choice Credit Union which protects the field of membership of certain occupational or associational based credit unions.

An application was received from Denton Area Teachers Credit Union, Denton, Texas to expand its field of membership. The proposal would permit members of the Friends of the Texas Credit Union Foundation that live, work, or attend school primarily in the North Central Texas Council of Government area (NCTCOG), to be eligible for membership in the credit union.

An application was received from TruWest Credit Union, Scottsdale, Arizona to expand its field of membership in Texas. The proposal would permit anyone that works for or lives in The Riata Apartment Community located in Austin, Texas with the following addresses: 12300 Riata Trace Pkwy; 12340 Alameda Trace Circle; 12320 Alameda Trace Circle; 12345 Alameda Trace Circle; 12445 Alameda Trace Circle; 12440 Alameda Trace Circle; 12370 Alameda Trace Circle; 5700 Tapadera Trace; 12610 Riata Trace Parkway, to be eligible for membership in the credit union.

An application was received from Star One Credit Union, Sunnyvale, California to expand its field of membership in Texas. The proposal would permit any and all persons who live, regularly work, or current attend school within a ten-mile radius of the credit union's office located at 6800 Burleson Road, Austin, Texas, to be eligible for membership in the credit union.

An application was received from Star One Credit Union, Sunnyvale, California to expand its field of membership in Texas. The proposal would permit all employees of the Texas Parks & Wildlife Department that are paid from, or supervised from their headquarters in Austin, Texas, to be eligible for membership in the credit union.

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

TRD-200303747

Harold E. Feeney

Commissioner

Credit Union Department

Filed: June 18, 2003


Notice of Final Action Taken

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

Application(s) for a Merger or Consolidation - Approved

SAHA Credit Union and Southside Credit Union - -See Texas Register issue dated March 28, 2003.

TRD-200303737

Harold E. Feeney

Commissioner

Credit Union Department

Filed: June 18, 2003


Texas Department of Criminal Justice

Notice to Bidders

The Texas Department of Criminal Justice invites bids for the construction of Re-roofing of Multiple Buildings at Midway, Texas. The project consists of demolition of existing roof systems and installation of new roof system for the main unit and numerous outbuildings at the existing Ferguson Unit, Midway, Texas. The work includes architectural, metal fabrication, rough carpentry, structural, thermal & moisture protection and painting as further shown in the Contract Documents prepared by Secord & Lebow Architects, L.L.P.

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 Roofing 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; and

(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:

Secord & Lebow Architects, L.L.P., 901 Indiana, Suite 200, Wichita Falls, Texas 76301, Attn: Troy Secord, AIA.

Phone: 940 767-7478; Fax: 940 397-0553; Email: tsecord@secordlebow.com

A Mandatory Pre-Bid Conference will be held at 10:00 a.m. on July 15, 2003 at the Ferguson Unit, Midway, Texas, followed by a site-visit. ONLY ONE SCHEDULED SITE VISIT WILL BE HELD FOR REASONS OF SECURITY AND PUBLIC SAFETY. ALL BIDDERS SHALL ATTEND THIS CONFERENCE.

Bids will be publicly opened and read at 2:00 p.m. on August 4, 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 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-200303719

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: June 17, 2003


Texas Council for Developmental Disabilities

Notice of Intent to Award Funds to the Coalition of Texans with Disabilities

Background: The Texas Council for Developmental Disabilities announces its intention to award funds to the Coalition of Texans with Disabilities (CTD) to produce of a video documentary designed to challenge myths about the abilities and potential of people with disabilities to secure a meaningful place in society. The Coalition recently received the "Barbara Jordan" media award.

Description of Project: A video will be made documenting the stories of people with disabilities coping with hardships and various physical and mental barriers to demonstrate the skills and abilities needed to succeed in achieving their dreams.

Terms and Funding: Funding for this grant will begin May 21, 2003 and end August 31, 2003. Funding will not exceed $21,000.00 during this time period.

For information regarding this announcement please contact Carl Risinger, Grants Management Director, Texas Council for Developmental Disabilities, (512) 437-5435.

TRD-200303729

Roger A. Webb

Executive Director

Texas Council for Developmental Disabilities

Filed: June 18, 2003


Texas Education Agency

Request for Applications Concerning Prekindergarten and Kindergarten Grant Program, 2003-2004 School Year, Cycle 8

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-03-025 from school districts, shared services arrangements of school districts, and/or open-enrollment charter schools to continue programs implemented during the 2002-2003 school year in Cycle 7. Also, applications are requested from school districts, shared services arrangements of school districts, and/or open-enrollment charter schools that did not have Cycle 7 grants to expand their existing half-day prekindergarten programs to a full day.

Description. Cycle 8 of the grant program will be used to provide continuing operating funds for programs that were implemented in the 2002-2003 school year and, funds permitting, for the expansion of existing half-day prekindergarten programs to full day for those school districts and open-enrollment charter schools that did not have programs during the 2002-2003 school year.

Dates of Project. The Prekindergarten and Kindergarten Grant Program (Cycle 8, Prekindergarten Expansion Grants) will be implemented during the 2003-2004 school year. Cycle 8 expansion grants may be renewed for the 2004-2005 school year, provided all terms and conditions of 2002-2003 funding awards have been met.

Project Amount. The 78th Texas Legislature, 2003, appropriated $92.5 million per year to the Prekindergarten and Kindergarten Grant Program for the 2003-2004 and 2004-2005 school years, representing a total of $185 million in state funds. Cycle 8 grants will be funded based on the additional attendance in the same manner as current Foundation School Program funding.

Selection Criteria. Applications must address each requirement as specified in the RFA to be considered for funding. Priority will be given to school districts and open-enrollment charter schools that received awards under previous Cycle 7 funding. If funds remain after funding this priority group, new expansion programs will be funded. Within the group of new expansion program applicants, priority will be given to school districts and open-enrollment charter schools where student performance on the Grade 3 Texas Assessment of Knowledge and Skills (TAKS) tests falls substantially below the state average. Additional priority will be given to school districts and open-enrollment charter schools that serve the highest percentages of eligible (limited English proficient, educationally disadvantaged, and homeless) children. Educationally disadvantaged is defined as those children eligible to participate in the national free or reduced-price lunch program.

The TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response.

Requesting the Application. A complete copy of RFA #701-03-025 may be obtained by writing the: Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e- mailing dcc@tea.state.tx.us. Please refer to the RFA number and title in your request. Provide your name, complete mailing address, and phone number including area code. The announcement letter and complete RFA will also be posted on the TEA website at http://www.tea.state.tx.us/grant/announcements/grants2.cgi for viewing and downloading.

Further Information. For clarifying information about the RFA or the Prekindergarten and Kindergarten Grant Program, contact Clem Gallerson, State Funding Division, Texas Education Agency, telephone (512) 463-9238. Questions regarding prekindergarten curriculum and programs should be addressed to Cami Jones, Curriculum and Professional Development, Texas Education Agency, telephone (512) 463-9501.

Deadline for Receipt of Applications. Applications must be received in the Document Control Center of the Texas Education Agency by 5:00 p.m. Central Time, Thursday, July 24, 2003, to be considered.

TRD-200303744

Cristina De La Fuente-Valadez

Manager, Policy Planning

Texas Education Agency

Filed: June 18, 2003


Request for Applications Concerning the Texas Automotive Youth Educational Systems Project

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under RFA #701-03-023 from nonprofit organizations in Texas to partner with the TEA and Automotive Youth Educational Systems, Inc. (AYES) in implementing the AYES project in Texas.

Description. The purpose of the AYES project is to encourage bright students with a good mechanical aptitude to pursue careers in the fields of automotive service technology or collision repair/refinishing, and to prepare them for entry-level positions or challenging academic options. The objectives of the project are: 1) to increase the number of local business/education partnerships between automotive dealerships and Automotive Service Excellence (ASE)-certified secondary and/or vocational schools; 2) to strengthen the consistency of the implementation of AYES throughout the geographic area; and 3) to enhance the quality of the AYES initiative to ensure that it meets or exceeds AYES performance standards.

The recipient will serve as co-sponsor for the Texas AYES program and will assume the following responsibilities: 1) support and further AYES goals and strategies relative to establishing a national workforce preparation system serving the retail automotive industry; 2) develop an AYES business plan in coordination with AYES to identify state-specific objectives and define strategies to meet those objectives; 3) promote AYES among key dealers and secondary schools in targeted communities; 4) support, promote, and seek consistency in the implementation of the AYES initiative; 5) support AYES efforts to increase the number of ASE-certified schools in the geographic area; 6) designate an individual (the "AYES State Field Manager") to manage state and local AYES activities; 7) provide compensation and benefits to the AYES State Field Manager for the purpose of managing state and local AYES activities; and 8) assume responsibility for other costs related to the activities of the AYES State Field Manager.

Project Funding. The AYES project will be implemented during the 2003-2004 school year. Applicants should plan for a starting date no earlier than August 1, 2003, and an ending date no later than March 31, 2003. Funding will be provided for one (1) project.

The successful applicant must provide matching funds in the amount of $45,000 to implement the AYES initiative in Texas. This will be supplemented with $35,000 in non-federal funding from the National Automobile Dealers Association and AYES, Inc, plus $80,000 in federal funding (funded 100% by the Carl D. Perkins Vocational and Technical Education Act of 1998) from the Texas Education Agency, for a total of $160,000 for the 2003-2004 school year.

Selection Criteria. Applications will be selected based on the ability of each applicant to carry out all requirements contained in the RFA. Special consideration will be given to applicants that have strong partnerships with local automobile dealers. The TEA reserves the right to select from the highest-ranking applications those that address all requirements in the RFA.

The TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response.

Requesting the Application. A complete copy of RFA #701-03-023 may be obtained by writing the: Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701, or by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tea.state.tx.us. Please refer to the RFA number and title in your request. Provide your name, complete mailing address, and phone number including area code. The announcement letter and complete RFA will also be posted on the TEA website at http://www.tea.state.tx.us/grant/announcements/grants2.cgi for viewing and downloading.

Further Information. For clarifying information about the RFA, contact Hank Madeley, Division of Career and Technology Education, Texas Education Agency, (512) 463-9311.

Deadline for Receipt of Applications. Applications must be received in the Document Control Center of the Texas Education Agency by 5:00 p.m. (Central Time), Thursday, July 31, 2003, to be considered for funding.

TRD-200303745

Cristina De La Fuente-Valadez

Manager, Policy Planning

Texas Education Agency

Filed: June 18, 2003


Texas Commission on Environmental Quality

Notice of District Petition

Notice mailed June 10, 2003.

TCEQ Internal Control No. 04092003-D04; REAL PROPERTY EXCHANGE, L.C., Gene P. McCutchin, Michael C. Ramos, DAVID W. LIGHT FAMILY PARTNERSHIP, LTD., Susan Light Lawhon, and David W. Light III, (Petitioners) filed a petition for creation of Collin County Municipal Utility District No.1 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioners are the owners of and hold title to the land to be included in the proposed District; (2) the proposed District will contain approximately 520.748 acres located within Collin County, Texas; and (3) the proposed District is not within the corporate limits or extraterritorial jurisdiction of any city, town or village in Texas. There are no lienholders on the property to be included in the proposed District. The petition further states that the proposed District will: (1) construct, acquire, maintain and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, improve, extend, maintain and operate works, improvements, facilities, plants, equipment and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; and (3) control, abate and amend local storm waters or other harmful excesses of waters, as more particularly described in an engineer's report filed simultaneously with the filing of the petition. According to the petition, the Petitioners estimate that the cost of the project will be approximately $29,760,000.

INFORMATION SECTION

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

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

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

TRD-200303723

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 17, 2003


Notice of Proposed Revision to the Selected Remedy for Materials Recovery Enterprises State Superfund Site

The purpose of the meeting is to obtain public input and information concerning the proposed revision to the selected remedy for the site. The meeting will be held on July 31, 2003, at the Jim Ned High School Cafetorium, in Tuscola, Texas.

The executive director of the Texas Commission on Environmental Quality (TCEQ or commission) is issuing this public notice of a proposed revision to the selected remedy for the Materials Recovery Enterprises state Superfund site (MRE Site).

The MRE site is an abandoned commercial Class I industrial solid waste disposal facility located approximately 0.25 mile north of Farm-to-Market 604 and 0.5 mile east of US 83 about four miles southwest of Ovalo, and about 20 miles south southwest of Abilene, Taylor County, Texas. The site consists of five tracts of land totaling 11.47 acres. The primary waste storage unit was a decommissioned Atlas missile silo which the Materials Recovery Enterprises, Inc., company converted to receive wastes. The facility also contained a truck unloading platform, an evaporation pond, a drum storage area, and the buried remnants of the liner from the evaporation pond.

The MRE Site was proposed for listing on the state registry of Superfund sites in the July 25, 1997 issue of the Texas Register (22 TexReg 6970). In accordance with 30 TAC §335.349(a), concerning General Requirements for Remedial Activities, and Texas Health and Safety Code, §361.187, concerning Proposed Remedial Action, a public meeting regarding the proposed remedial action was held in Tuscola, Texas on November 8, 2001. The purpose of the meeting was to provide information to the public and accept comments on the remedy which was initially proposed. That remedy called for removal and disposal of a portion of the water from the missile silo and evaporation pond, and the permanent disposal of the remaining water in the silo.

In order to address public concern that the water in the silo should be removed, and to alleviate the burden and expense of long-term monitoring of the silo water levels, the TCEQ is proposing to revise the previously-selected remedy to require the following enhancements: 1) removal of the majority of the water from the silo; 2) on-site treatment and spray evaporation of the water from the silo and evaporation pond; and 3) filling the silo with soil and flowable fill or low strength concrete. This remedy will also reduce the need for long-term maintenance at the site.

A public meeting will be held at the Jim Ned High School Cafetorium, 830 Garza Avenue, Tuscola, Texas, on Thursday, July 31, 2003, at 7:00 p.m. to discuss proposed revisions to the previously-selected remedy. The public meeting will be legislative in nature and is not a contested case hearing under Texas Government Code, Chapter 2001. The commission also published notice of the meeting in the June 26, 2003 edition of the Jim Ned Journal , a newspaper of general circulation in the county in which the facility is located.

All persons desiring to make comments on the proposed revision to the selected remedy for the silo may do so prior to or at the public meeting. All comments submitted prior to the public meeting must be received by 5:00 p.m. July 31, 2003 and should be submitted in writing to Mr. Jeffrey E. Patterson, Texas Commission on Environmental Quality, Remediation Division, MC 143, P. O. Box 13087, Austin, Texas 78711-3087. The public comment period for this proposed revision to the selected remedy for the silo will end at the completion of the public meeting on July 31, 2003.

A portion of the records for this site, including documents pertinent to the proposed revision to the selected remedy, is available for review during regular business hours at the Abilene Public Library, located at 202 Cedar Street, Abilene, Texas, (915) 677-2474 and the Tuscola Mayor's Office, Tuscola City Hall, located at 418 Graham, Tuscola, Texas, (915) 554-7766. Copies of the complete public record file may be obtained during regular business hours at the TCEQ Records Management Center, Building E, First Floor, 12100 Park 35 Circle, Austin, Texas, (512) 239-2920. Photocopying of file information is subject to payment of a fee. Handicapped parking is available on the east side of Building D, convenient to access ramps that are between Buildings D and E.

For further information regarding the public meeting, please call Mr. John Flores, TCEQ Community Relations, (800) 633-9363, extension 5674.

TRD-200303710

Paul Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: June 17, 2003


Notice of Water Quality Applications

The following notices were issued during the period of June 6, 2003 through June 17, 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.

A. SCHULMAN, INC. which operates a plastics dispersion plant, has applied for a major amendment to TPDES Permit No. 00337 to authorize less stringent effluent limitations for total copper and total zinc at Outfalls 001 and 002; and to delete internal monitoring point designated as Outfall 102. The current permit authorizes the discharge of treated domestic sewage at a daily average flow not to exceed 10,000 gallons per day via Outfall 001, and the discharge of storm water runoff and previously monitored effluent (contact cooling water and cooling tower blowdown) at a daily average dry weather flow not to exceed 20,000 gallons per day via Outfall 002. The facility is located on Thomas Street approximately 1,500 feet east of Farm-to-Market Road 105 and 3,000 feet west of Farm-to-Market Road 2177, adjacent to the west side of the City of West Orange, Orange County, Texas.

CROWN CENTRAL PETROLEUM CORPORATION which operates the Pasadena Refinery, has applied for a renewal of TPDES Permit No. 00574, which authorizes the discharge of storm water and hydrostatic test water via Outfalls 001, 002, and 003, on an intermittent and flow variable basis. The facility is located at 111 Red Bluff Road, immediately northeast of the intersection of Red Bluff Road and South Shaver Street, as well as immediately southeast of the intersection of Red Bluff Road and State Highway 225, in the City of Pasadena, Harris County, Texas.

CITY OF DANBURY has applied for a renewal of TPDES Permit No. 10158-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 504,000 gallons per day. The facility is located on Avenue L between Seventh and Eigth Streets on the west side of Danbury in Brazoria County, Texas.

DEGUSSA ENGINEERED CARBONS which operates the Echo Carbon Black Plant, a carbon black manufacturing facility, has applied for a renewal of TPDES Permit No. 00814, which authorizes the discharge of process wastewater, boiler blowdown, cooling tower blowdown, treated domestic wastewater, and storm water, on an intermittent and flow variable basis via Outfall 001. The facility is located adjacent to Farm-to-Market Road 736, approximately two miles east of the intersection of State Highway 87 and Farm-to-Market Road 3247, and three miles northeast of the City of Orange, Orange County, Texas.

FORT BEND COUNTY FRESH WATER SUPPLY DISTRICT NO. 2 has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14433-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 60,000 gallons per day. The facility will be located on the west side of Rustic Lane, approximately 800 feet south of E.W. Cumings Road in Fort Bend County.

GULF UTILITY SERVICE, INC. has applied for a renewal of TPDES Permit No. 13643-001, 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 1.5 miles southeast of the intersection of Farm-to-Market Roads 2354 and 1405, on the south side of Farm-to-Market Road 2354 in Chambers County, Texas.

H. MUEHLSTEIN & COMPANY, INC. which operates a plastic compounding and resin distribution facility, has applied for a renewal of TPDES Permit No. 02294, which authorizes the discharge of treated process wastewater and utility wastewater at a daily average flow not to exceed 20,000 gallons per day via Outfall 001; rail car and silo wash water and storm water on an intermittent and flow variable basis via Outfall 002; storm water on an intermittent and flow variable basis via Outfall 003; and treated domestic wastewater at a daily average flow not to exceed 6,000 gallons per day via Outfall 004. The facility is located at 13001 Almeda Road approximately 0.5 mile north of the intersection of State Highway 521 and Almeda Genoa Road in the City of Houston, Harris County, Texas.

HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 50 has applied for a renewal of TPDES Permit No. 11770-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 550,000 gallons per day. The facility is located approximately 1 mile south of U.S. Highway 90 and 0.5 miles west of the end of Magnolia Street in Barrett Station in Harris County, Texas.

HIGH ISLAND INDEPENDENT SCHOOL DISTRICT has applied for a renewal of TPDES Permit No. 13886-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 28,000 gallons per day. The facility is located approximately 4,000 feet north of the intersection of State Highway 124 and State Highway 87 in Galveston County, Texas.

HOMETOWN TIMBERCREST UTILITY, L.P. has applied for a renewal of TPDES Permit No. 13487-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 200,000 gallons per day. The facility is located approximately 600 feet east of the intersection of Kuykendahl Road and Huffsmith Road in Harris County, Texas.

HORRAL INGRAM JONES, JR. has applied for a renewal of Permit No. 13998-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 6,000 gallons per day via surface irrigation of 5 acres of non-public access agricultural land cultivated annually by three plantings of barley (hay) and one planting of perennial rye to be harvested, baled, and used on the Jones Farm. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located between Old State Highway 105 and the Gulf, Colorado and Santa Fe Railroad, approximately 0.53 mile southwest of the intersection of Old State Highway 105 and Farm-to-Market Road 1486, and approximately 1.1 miles southwest of the community of Dobbin in Montgomery County, Texas.

HOUSTON FUEL OIL TERMINAL, INC. AND CHARTCO TERMINAL, L.P. which operates a private bulk petroleum storage facility, has applied for a renewal of TPDES Permit No. 02277, which authorizes the discharge of treated storm water and facility wastewater on an intermittent and flow variable basis via Outfall 001; and untreated storm water on an intermittent and flow variable basis via Outfall 002. The facility is located at 16642 Jacintoport Boulevard, on the north bank of the Houston Ship Channel, in the City of Houston, Harris County, Texas.

CARY D. JUBY, d.b.a. Cap-Tex, Inc (operator) and Fredrick E. Juby (landowner), has submitted application for a new permit, Proposed Permit No. 04470, to authorize the land application of sewage sludge for beneficial use on 54 acres. This permit will not authorize a discharge of pollutants into waters in the State. The land application site is located on the northwest side of the intersection of State Highway 183 and County Road 210, approximately 1,500 feet south of Briggs, in Burnet County, Texas.

NORTHWEST HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 15 has applied for a renewal of TPDES Permit No. 11939-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,500,000 gallons per day. The facility is located approximately 25 miles northwest of downtown Houston, 4.5 miles south of the City of Tomball, and one mile west of the intersection of Gregson Road and State Highway 249 in Harris County, Texas.

THE CITY OF PORT ARTHUR has applied for a renewal of TPDES Permit No. 10364-009, 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 on Pleasure Island adjacent to the Sabine-Neches Waterway, approximately 1.6 miles northeast of the Gulfgate Bridge in Jefferson County, Texas.

CITY OF SEABROOK has applied for a renewal of TPDES Permit No. 10671-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,500,000 gallons per day. The facility is located adjacent to the intersection of Second Street and Todville Road in the City of Seabrook in Harris County, Texas.

SOUTHERN MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT has applied for a renewal of TPDES Permit No. 11001-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,000,000 gallons per day. The facility is located at 852 Rayford Road, approximately 3,500 feet north of Spring Creek and approximately 4,000 feet east of Interstate Highway 45 in Montgomery County, Texas

SOUTHMOST REGIONAL WATER AUTHORITY which proposes to operate a reverse osmosis potable water treatment plant, has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 04541, to authorize the discharge of reverse osmosis reject water at a daily average flow not to exceed 4,000,000 gallons per day via Outfall 001. The facility site is located at 1255 North Farm-to-Market Road 511, approximately 2.7 miles east of the intersection of U.S. Highway 83 and Farm-to-Market Road 511, in the City of Brownsville, Cameron County, Texas.

TXU GENERATION COMPANY LP which operates the Parkdale Steam Electric Station, has applied for a major amendment to TPDES Permit No. 01251 to authorize an extension to the previously authorized temporary variance to the existing water quality standards for copper criterion; to apply an approved site-specific partition coefficient for aluminum in Forney Branch upstream of the Upper Trinity River in Segment No. 0805 of the Trinity River Basin; and delete the monitoring and reporting requirement for total aluminum via Outfalls 001 and 002. The permittee has conducted water quality studies consisting of a copper water-effects ratio (WER) and an aluminum site-specific partition coefficient in Forney Branch, into which the wastewater via Outfalls 001 and 002 are discharged. The studies have indicated that the requested variance extension to water quality standards for copper criterion is justified. Also, the site-specific partition coefficient for aluminum of 5.8% has been approved. The 2000 Texas Surface Water Quality Standards (30 TAC Chapter 307), adopted by the Commission on July 26, 2000, include provisions allowing the use of approved water effects ratios in calculating water quality based effluent limitations. The WER for copper and the 2000 Texas Surface Water Quality Standards (TSWQS), have been submitted to the United States Environmental Protection Agency (EPA) for approval. The permittee has requested an additional three-year extension to the current temporary variance pending EPA approval of the WER and 2000 TSWQS. The current permit authorizes the discharge of low volume waste sources, cooling tower blowdown, and storm water via Outfall 001; and cooling tower blowdown and storm water via Outfall 002 at a combined daily average flow not to exceed 2,300,000 gallons per day. The facility is located at 5770 Parkdale Drive, on the east side of White Rock Creek at the confluence of Forney Branch and White Rock Creek, in the City of Dallas, Dallas County, Texas.

VOPAK TERMINAL GALENA PARK, INC. which operates a "for hire" bulk liquid storage terminal, has applied for a renewal of TPDES Permit No. 01662, which authorizes the discharge of storm water on an intermittent and flow variable basis via Outfall 001. The facility is located at 1500 Clinton Drive, south of Interstate Highway (IH) 10 and east of the IH 610 East Loop on the north bank of Buffalo Bayou/Houston Ship Channel, in the City of Galena Park, Harris County, Texas.

WAL-MART STORES, INC. which operates a warehouse distribution center, has applied for a major amendment to TPDES Permit No. 03597 to authorize an increase in the discharge of treated domestic wastewater and washdown water from a daily average flow not to exceed 20,000 gallons per day to a daily average flow not to exceed 30,000 gallons per day via Outfall 001. The current permit authorizes the discharge of treated domestic wastewater and washdown water at a daily average flow not to exceed 20,000 gallons per day via Outfall 001. The facility is located immediately north of U.S. Highway 79/84, east of Farm-to-Market Road 645 and west of County Road 2206, approximately seven miles southwest of the City of Palestine, Anderson 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

TICONA POLYMERS, INC. which operates the Bishop Plant, which manufactures organic chemicals, plastics, and bulk pharmaceuticals, and purifies and packages sodium formate, has applied for a major amendment to TNRCC Permit No. 00579 to authorize a revision of the existing biomonitoring requirement to substitute an alternative test species, to eliminate the total silver monitoring requirement at Outfall 001, to increase the total nickel limitation at Outfall 001, to authorize the addition of new process wastestreams to Outfall 101 (an internal monitoring point), and to increase the flow and effluent limitations at Outfall 101 based on the additional process wastestreams. The current permit authorizes the discharge of process wastewater, cooling tower blowdown, boiler blowdown, domestic wastewater, and storm water runoff at a daily average flow not to exceed 3,500,000 gallons per day via Outfall 001, and storm water and utility wastewater on an intermittent and flow variable basis via Outfall 002. The facility is located adjacent to State Highway - Loop 428, approximately one (1) mile southwest of the City of Bishop, Nueces County, Texas.

TRD-200303725

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 17, 2003


Notice of Water Rights Application

Notice mailed June 11, 2003.

Application No. 5804; Patsy Anderton, dba A-1 Turf Farm, Applicant, 2429 Cut Off Road, Ennis, Texas 75119, seeks a Water Use Permit pursuant to 11.121, Texas Water Code, and Texas Commission on Environmental Quality Rules 30 TAC 295.1, et seq. Applicant seeks authorization to divert up to 375 acre-feet of water per annum from a point on the Trinity River, Trinity River Basin to an existing on-channel reservoir for storage and subsequent diversion for agricultural purposes to irrigate 163 acres of land in the J. Douglas Survey, Abstract 287, approximately 10 miles east of the City of Ennis in Ellis County, Texas. The existing reservoir on Cutoff Slough, tributary of Smith Creek, tributary of the Trinity River, has a surface area of approximately 20 acres and a storage capacity of approximately 120 acre-feet of water, a point on which is located at a bearing of S 50.5 W, 8,700 feet from the NE corner of the aforesaid Hill survey also located at 32.406 N Latitude and 96.469 W Longitude in the J. Douglas Survey. Diversion will be by means of portable pumps from two points: Diversion Point #1 on the right or southwest bank of the Trinity River at a bearing of N62.5 W, 2800 feet from the northeast corner of the William B. Hill Survey Abstract No. 511, also located at 32.424 N Latitude and 96.455 W Longitude into an on-channel reservoir on Cutoff Slough; Diversion Point #2 on the left bank of Cutoff Slough at a bearing of S 50.5 W, 8,700 feet from the NE corner of the aforesaid Hill survey also located at 32.406 N Latitude and 96.469 W Longitude. Diversions will be made by portable pumps at the combined maximum rate of 1,000 gpm (2.23 cfs). The application was received on March 28, 2003, and additional information was received on April 22, 2003. The application was reviewed by the Executive Director and subsequently determined to be administratively complete and filed with the Chief Clerk's Office on May 23, 2003. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.

Information Section

A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in an application.

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

If a hearing request is filed, the Executive Director will not issue the requested permit and may forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.

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

TRD-200303724

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 17, 2003


Proposal for Decision

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on June 12, 2003, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. United Casing Inc., d/b/a United Casing Tubular Services, LTD; SOAH Docket No. 582-03-1649; TCEQ Docket No.1999-1113-IHW-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against United Casing Inc., d/b/a United Casing Tubular Services, LTD on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Doug Kitts, Office of the Chief Clerk, (512) 239-3317.

TRD-200303726

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 17, 2003


Proposal for Decision

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on June 12, 2003, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Dickson Weatherproof Nail Company; SOAH Docket No. 582-03-1931; TCEQ Docket No.2000-0504- IWD-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Dickson Weatherproof Nail Company on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Doug Kitts, Office of the Chief Clerk, (512) 239-3317.

TRD-200303727

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 17, 2003


Texas Ethics Commission

List of Late Filers

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

Deadline: Personal Financial Statement due April 30, 2002

Teri H. Mathis, 1010 Baker Rd., Rosenberg, Texas 77471

Troy Simmons, Rt. 3, Box 88R, Longview, Texas 75601

Douglas E. Oldmixon, 1700 N. Congress Ave., #700, Austin, Texas 78701-1496

William L. Transier, 971 Kirby Dr., Houston, Texas 77019

Tony G. Hedges, D.O., 104 East 21st Street, Littlefield, Texas 79339

Angela S. Myres, 2927 Kings Forest Dr., Kingwood, Texas 77339

J. Paul Johnson, Liberty Ink, 4115 Shadow Haven, Fresno, Texas 77545

Linda M. Siy, JPS Health Center Northeast, 837 Brown Trail, Bedford, Texas 76022

John C. Morris, 5800 Techni Drive, Apt. 1210, Austin, Texas 78721

Randall H. Riley, 4000 Hambletonian Ct., Austin, Texas 78746

Charles M. Rutledge, 3033 Cain Road, College Station, Texas 77845

Barry D. Bedwell, 7502 Countyside, Amarillo, Texas 79119

Shadrick Bogany, 2227 Creek Terrace Dr., Missouri City, Texas 77459-2353

Deadline: Eight Days Before an Election Report due October 28, 2002

Marianne Robbins, 900 Broken Feather #373, Pflugerville, Texas 78660

Deadline: Semiannual GPAC Report due January 15, 2003

Lynne D. Moore, Alief Education Assn. PAC, 1522 Plantation Dr., Richmond, Texas 77469

David R. Garcia, Brownsville Police Officers Assn. PAC, 600 E. Jackson St., Brownsville, Texas 78520

Jacqueline L. Hasan, Muslim American PAC, 5522 Avenue K, Galveston, Texas 77551

Carl D. Brown, Texas Southern Party PAC, 3427 Avenue R, Galveston, Texas 77550

Deadline: Monthly MPAC Report due October 7, 2002

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

Deadline: Monthly MPAC Report due November 5, 2002

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

Deadline: Monthly MPAC Report due December 5, 2002

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

Deadline: Monthly MPAC Report due January 6, 2003

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

Deadline: Monthly MPAC Report due February 5, 2003

Raleigh K. Roussell, QUOIN - AGC PAC, 11111 Stemmons Frwy., Dallas, Texas 75229

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

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

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

Deadline: Monthly MPAC Report due March 5, 2003

Ronny L. Martin, Houston Police Officers Union PAC, 1602 State Street, Houston, Texas 77007

Raleigh K. Roussell, QUOIN - AGC PAC, 11111 Stemmons Frwy., Dallas, Texas 75229

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

Charles S. Baker, Brobeck Good Government Committee, 4801 Plaza on the Lake, Austin, Texas 78746

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

Deadline: Monthly MPAC Report due April 7, 2003

Denise K. Doyle, Texas Manufactured Housing Assn. Committee For Responsible Government, P.O. Box 141429, Austin, Texas 78714-1429

Joseph Slovacek, Houston Realty Breakfast Club, P.O. Box 4547, Houston, Texas 77210-4547

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

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

Jennifer N. Stevens, Texas Assn. Of Preferred Provider Organizations PAC, 400 West 15th St. #600, Austin, Texas 78701

Deadline: Monthly MPAC Report due May 5, 2003

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

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

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

TRD-200303721

Karen Lundquist

Executive Director

Texas Ethics Commission

Filed: June 17, 2003


Texas Department of Health

Licensing Actions for Radioactive Materials

TRD-200303732

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: June 18, 2003


Notice of Amendment Number 21 to the Radioactive Material License of Waste Control Specialists, LLC

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

The issuance of amendment number 21 authorizes the licensee to conduct a demonstration of an In-Container Vitrification Process to process radioactive waste.

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

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

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

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

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

TRD-200303715

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: June 17, 2003


Notice of Amendment Number 22 to the Radioactive Material License of Waste Control Specialists, LLC

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

The issuance of amendment number 22 corrects an error in a previous amendment. The amendment changes the reference in Condition 16 of the license from Condition 19.B to Condition 19.C.

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

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

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

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

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

TRD-200303731

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: June 18, 2003


Notice of Amendment Number 23 to the Radioactive Material License of Waste Control Specialists, LLC

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

The issuance of amendment number 23 corrects an error in the previous amendment and adds clarifying language to Condition 22.H.

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

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

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

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

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

TRD-200303730

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: June 18, 2003


Notice of Public Hearing on Proposed Human Immunodeficiency Virus (HIV) Medication Program Rules

The Texas Department of Health (department) will hold a public hearing to accept public comments on proposed rules in 25 Texas Administrative Code, Chapter 98, concerning the Texas HIV Medication Program. These proposed rules were published in the May 23, 2003, issue of the Texas Register (28 TexReg 4041).

The hearing will be held on July 14, 2003, at the Texas Department of Health, 1100 West 49th Street, Austin, Texas, 78756, in Room M-739, from 1:00 p.m. to 4:00 p.m. The department reserves the right to limit time for public comments.

If you wish to submit written comments, please direct them to: Janet D. Lawson, M.D., Acting Chief, Bureau of HIV and STD Prevention, Texas Department of Health, 1100 West 49th Street, Austin, TX 78756.

TRD-200303712

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: June 17, 2003


Notice of Revocation of Certificates of Registration

The Texas Department of Health, having duly filed complaints pursuant to 25 Texas Administrative Code, §289.205, has revoked the following certificates of registration: Northwest Texas Healthcare System, Inc., Amarillo, R10050, May 28, 2003; C. E. Vanderholt, D.P.M., Beaumont, R11258, May 28, 2003; Electronic Drilling Control, Inc., Irving, R12091, May 28, 2003; Roentgen Services, Houston, R13224, May 28, 2003; Family Healthcare Chiropractic Center, PC, Cleburne, R20461, May 28, 2003; LTSIP, Inc., Garland, R22477, May 28, 2003; Sanmina Corp, Austin, R23478, May 28, 2003; Nacogdoches Mobile X-Ray and EKG, Nacogdoches, R24018, May 28, 2003; Imaging Sales & Service, Inc., Fort Worth, R25856, May 28, 2003; Jose F. Sotomayor, M.D., Houston, R26006, May 28, 2003; Lower Valley Imaging, El Paso, R26112, May 28, 2003; International Rehabilitation and Therapy, Brownsville, R26251, May 28, 2003; Cosmetic Medical and Laser Centers, P.A., El Paso, Z01477, May 28, 2003.

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

TRD-200303713

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: June 17, 2003


Notice of Revocation of Radioactive Material Licenses

The Texas Department of Health, having duly filed complaints pursuant to 25 Texas Administrative Code, §289.205, has revoked the following radioactive material licenses: Quest Diagnostic, Irving, L01253, May 28, 2003; P. M. Engineering & Testing, Houston, L05298, May 28, 2003.

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

TRD-200303714

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: June 17, 2003


Texas Health and Human Services Commission

Notice of Public Hearing

The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on July 1, 2003, to receive public comment on corrected payment rates for the period of April 1, 2001, through August 31, 2003, for the School Health and Related Services (SHARS) program. The public hearing will be held on July 1, 2003, at 10:00 a.m. in the HHSC Public Hearing Room, in Riata Building III, at 12555 Riata Vista Circle, Austin, Texas 78727-6404, with entry required through Security at the entrance of 12545 Riata Vista Circle. Written comments regarding payment rates may be submitted in lieu of testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Nancy Kimble, HHSC Rate Analysis, Mail Code H-410, 1100 West 49th Street, Austin, Texas 78756-3101. Overnight or special delivery mail may be sent, or written comments may be hand delivered, to Ms. Kimble, HHSC Rate Analysis, Mail Code H-410, Riata Building III, 12555 Riata Vista Circle, Austin, Texas, 78727-6404. Alternatively, written comments may be sent via facsimile to Ms. Kimble at (512) 338-6544. Interested parties may request to have mailed to them or may pick up a briefing package concerning the corrected payment rates by contacting Ms. Kimble (telephone: 512-338-6496; FAX: 512-338-6544; or E-mail: nancy.kimble@hhsc.state.tx.us).

Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Ms. Kimble, by June 30, 2003, so that appropriate arrangements can be made.

TRD-200303591

Steve Aragón

General Counsel

Texas Health and Human Services Commission

Filed: June 13, 2003


Heart of Texas Council of Governments

Request for Proposals

The Heart of Texas Workforce Development Board (HOTWDB) is accepting proposals for an Operator/Manager for the HOT Workforce Centers. Proposals are due on July 2, 2003 by 12 Noon. Any proposal received after that time and date will not be considered. A pre-proposal conference will be held on June 17, 2003. This meeting will begin at 10:00 a.m. and will be held at the HOT McLennan County Workforce Center located at 925 Columbus Avenue, Waco, Texas.

For bid specifications, the Request for Proposal is available at 300 Franklin Avenue, Waco, Texas, 76701 or by calling (254) 756-7822 or 1-800-637-0536.

The Heart of Texas Workforce Development Board reserves the right to reject any and/or all bids, and to make awards, as they may appear to be advantageous to HOTWDB.

The Heart of Texas Workforce Development Board provides workforce services to six counties; Bosque, Falls, Freestone, Hill, Limestone and McLennan.

TRD-200303576

Brenda Khoury

Executive Assistant

Heart of Texas Council of Governments

Filed: June 13, 2003


Texas Department of Housing and Community Affairs

Request for Proposal for Bond Counsel

SUMMARY. The Texas Department of Housing and Community Affairs (TDHCA), through its Legal Division, is issuing a Request for Proposals (RFP) for outside Bond Counsel. Bond Counsel will provide legal services in connection with the issuance of TDHCA's bonds, notes, and other obligations of TDHCA to finance or refinance residential housing and multifamily housing developments and to refund prior bond issues.

DEADLINE FOR SUBMISSION. The deadline for submission in response to the Request for Proposals is 4:00 p.m. Central Standard Time July 20, 2003. No proposal received after the deadline will be considered.

TDHCA reserves the right to accept or reject any (or all) proposals submitted. The information contained in this proposal request is intended to serve only as a general description of the services desired by TDHCA, and TDHCA intends to use responses as a basis for further negotiation of specific project details with respondents. This request does not commit TDHCA to pay for any costs incurred prior to the execution of a contract and is subject to availability of funds. Issuance of this request for proposals in no way obligates TDHCA to award a contract or to pay any costs incurred in the preparation of a response.

Law firms interested in submitting a proposal should contact Lucille Spillar, Legal Assistant, General Counsel's office, at 512/475-3726, 507 Sabine, Austin, TX 78701, for a complete copy of the RFP. Communication with any member of the board of directors, the executive director, or TDHCA staff other than General Counsel's office concerning any matter related to this request for proposals is grounds for immediate disqualification.

TRD-200303716

Edwina P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: June 17, 2003


Request for Proposal for Bond/Securities Disclosure Counsel

SUMMARY. The Texas Department of Housing and Community Affairs (TDHCA), through its Legal Division, is issuing a Request for Proposals (RFP) for outside Bond/Securities Disclosure Counsel. Bond/Securities Disclosure Counsel will provide legal services in connection with the issuance of TDHCA's bonds, notes, and other obligations of TDHCA to finance or refinance residential housing and multifamily housing developments and to refund prior bond issues.

DEADLINE FOR SUBMISSION. The deadline for submission in response to the Request for Proposals is 4:00 p.m. Central Standard Time July 20, 2003. No proposal received after the deadline will be considered. TDHCA reserves the right to accept or reject any (or all) proposals submitted. The information contained in this proposal request is intended to serve only as a general description of the services desired by TDHCA, and TDHCA intends to use responses as a basis for further negotiation of specific project details with respondents. This request does not commit TDHCA to pay for any costs incurred prior to the execution of a contract and is subject to availability of funds. Issuance of this request for proposals in no way obligates TDHCA to award a contract or to pay any costs incurred in the preparation of a response. Law firms interested in submitting a proposal should contact Lucille Spillar, Legal Assistant, General Counsel's office, at 512/475-3726, 507 Sabine, Austin, TX 78701, for a complete copy of the RFP. Communication with any member of the board of directors, the executive director, or TDHCA staff other than General Counsel's office concerning any matter related to this request for proposals is grounds for immediate disqualification.

TRD-200303717

Edwina P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: June 17, 2003


Houston-Galveston Area Council

Public Meeting Notice

Public Meeting on the Draft Transportation Public Involvement Plan (TPIP)

Tuesday, July 29, 2003

3555 Timmons Lane, 2nd Floor Conference Room A

6 p.m. - 7 p.m.

On Tuesday, July 29, 2003, the Houston-Galveston Area Council (H-GAC) will host a public meeting on the Draft Transportation Public Involvement Plan (TPIP). The TPIP provides a framework for the public involvement process that is used in the development of the Regional Transportation Plan, Transportation Improvement Program, Unified Planning Work Program, transportation-related air quality plans, and other appropriate transportation plans and projects. The public is encouraged to attend this important meeting and provide comments to H-GAC.

The 45-day public comment period on the Draft TPIP begins Monday, June 30, 2003, and all comments must be received by H-GAC no later than 5 p.m., Thursday, August 14, 2003. Written comments may be submitted to Shelley Whitworth, Houston-Galveston Area Council, P.O. Box 22777, Houston, Texas 77227, or shelley.whitworth@h-gac.com. Comments can also be faxed to 713-993-4508.

Copies of the Draft TPIP 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) 499-6695. For more information, please contact Shelley Whitworth, Transportation Program Manager, at (713) 993-4571 or shelley.whitworth@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 Shelley Whitworth at (713) 499-6695 to make arrangements.

TRD-200303733

Alan Clark

MPO Director

Houston-Galveston Area Council

Filed: June 18, 2003


Texas Department of Human Services

Announcement of Available Funds and Requests for Proposals

SUMMARY: The Texas Department of Human Services (DHS) is pleased to announce the availability of funding for Refugee Social Service funds from the federal Office of Refugee Resettlement (ORR) in the Department of Health and Human Services in the areas of Houston, Dallas, and Fort Worth.

The Refugee Social Services Program provides employment and training services, education services including English as a Second Language, citizenship and adjustment preparation, GED, driver's education and orientation, and case management services including health and emergency outreach and cultural adjustment for healthy families. The Code of Federal Regulations (CFR) 45, Parts 400 and 401, give the state the authority to contract with public and private agencies for the provision of refugee social services. In Texas, DHS is the single state agency responsible for the administration of the Refugee Social Services Program. Within DHS, the Office of Immigration and Refugee Affairs is the entity responsible for the direct management of the Refugee Social Services Program.

Estimated funds available for the state under this announcement are $4,161,605.

Funds will be awarded on a competitive basis to public and private agencies that can demonstrate the greatest aptitude for effectively serving the target population. Charitable as well as Historically Underutilized Businesses, are encouraged to submit proposals for contracts. The target population for services includes persons admitted to the United States (U.S.) as refugees under Section 207 of the Immigration and Nationality Act (INA) or granted asylum under Section 208 of the INA. Eligibility also includes Cubans and Haitians under Section 501 of the Refugee Education Assistance Act of 1980 (P.L. 96-422); certain Amerasians from Vietnam who were admitted to the U.S. as immigrants under Section 584 of the Foreign Operations Export Financing and Related Programs Appropriations Act of 1998; and Section 107(b)(1)(A) of the Victims of Trafficking and Violence Protection Act of 2000 (P.L. 106-386), insofar as it states that a victim of severe forms of trafficking shall be eligible for federal and certain state benefits and services to the same extent as a refugee. Eligible persons must possess original Immigration and Naturalization Services (INS) documents that verify admission status under one of the above laws, including persons admitted to the U.S. by the INS under Sections 207 and 208 of the INA.

APPLICATION DEADLINE: Six copies of the proposal(s) must be mailed or delivered, not faxed or electronically mailed, to: Mfon Ekpo, DHS, P.O. Box 149030, W-230, Austin, Texas 78714-9030 if by regular mail, or 701 W. 51st Street, W-230, Austin, Texas 78714-9030 if hand delivered or sent by overnight mail. Proposals must be received no later than 5:00 p.m. CDT on August 8, 2003. Proposals received after this date/time, faxed, or electronically mailed, will not be considered.

PROPOSAL EVALUATION AND FUNDING AWARD: The final selection of contractors shall be made by representatives of the Office of Immigration and Refugee Affairs, in accordance with applicable state and federal laws. The evaluation criteria and scores for each are contained on the Request for Proposal (RFP) document. A copy of the RFP will be sent to you upon written request submitted to Mfon Ekpo at the address listed above or via e-mail at fon.ekpo@dhs.state.tx.us. Issued in Austin, Texas on June 18, 2003.

TRD-200303741

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Filed: June 18, 2003


Open Solicitation for Crane County

Pursuant to Title 2, Chapters 22 and 32, of the Human Resources Code and 40 Texas Administrative Code (TAC) §19.2324, the Texas Department of Human Services (DHS) is announcing an open solicitation period of 30 days, effective the date of this public notice, for Crane County, County #052 . Medicaid nursing facility occupancy rates in Crane County exceeded the 90% occupancy threshold for six consecutive months during the period of November 2002 through April 2003 . The county occupancy rates for each month of that period were: 94.7%, 92.0%, 92.6%, 93.8%, 95.9%, 91.2% . In accordance with secondary selection process requirements contained in 40 TAC §19.2324(c), DHS will allocate up to 90 Medicaid beds to an eligible applicant that desires to construct a new nursing facility or to construct an addition to an existing nursing facility. Applicants for additional Medicaid beds must demonstrate a history of quality care as specified in 40 TAC §19.2322(e). Applicants must submit a written reply as described in 40 TAC §19.2324(c)(4) to Joe D. Armstrong, Texas Department of Human Services, Contract and Licensure Section, Long Term Care-Regulatory, Mail Code E-342, P.O. Box 149030, Austin, Texas 78714-9030. The written reply must be received by DHS before the close of business July 28, 2003, the published ending date of the open solicitation period. If one or more applicants are eligible for additional Medicaid beds, DHS will allocate Medicaid beds in accordance with 40 TAC §19.2324(c)(5). If no application for the secondary waiver process is received or if no applicant meets the requirements in this section, no further solicitation will occur.

TRD-200303718

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Filed: June 17, 2003


Texas Department of Insurance

Company Licensing

Application for admission to the State of Texas by CAREAMERICA LIFE INSURANCE COMPANY, a foreign life, accident and/or health company. The home office is in San Francisco, California.

Application to change the name of THE MOUNTBATTEN SURETY COMPANY INC., to FIRST SEALORD SURETY, INC., a foreign fire and/or casualty company. The home office is in Bala Cynwyd, Pennsylvania.

Application to change the name of COMBINED SPECIALTY INSURANCE COMPANY to VIRGINIA SURETY COMPANY, INC. a foreign fire and/or casualty Company. The home office is in Glenview, Illinois.

Application to change the name of CHARTER COUNTY MUTUAL INSURANCE COMPANY to UNITRIN COUNTY MUTUAL INSURANCE COMPANY, a domestic fire and/or casualty company. The home office is in Dallas, Texas.

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-200303749

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: June 18, 2003


Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Metropolitan Casualty 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 various flex percentages by territory and coverage: Bodily Injury (+30 to +71), Property Damage (+5 to +40), UMBI (+12), UMPD (+10), Medical Payments (+21), Personal Injury Protection (+26 to +87), Comprehensive (+35 to +102), and Collision (+19 to +62). The overall rate change is +6.8%.

Copies of the filing may be obtained by contacting Judy Deaver, at the Texas Department of Insurance, Automobile/Homeowners Division, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 322-3478.

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 14, 2003.

TRD-200303739

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: June 18, 2003


Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Metropolitan Property and Casualty 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 various flex percentages by territory and coverage: Bodily Injury (+35 to +52), Property Damage (+29 to +42), UMBI (+34 to +45), UMPD (+50), Medical Payments (+48), Personal Injury Protection (+60 to +96), Comprehensive (+75 to +120), and Collision (+50 to +72). The overall rate change is +5%.

Copies of the filing may be obtained by contacting Judy Deaver, at the Texas Department of Insurance, Automobile/Homeowners Division, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 322-3478.

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 14, 2003.

TRD-200303740

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: June 18, 2003


Third Party Administrator

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 Tufts Benefit Administrators, Inc. DBA Tufts Health Plan, a foreign third party administrator. The home office is Waltham, Massachusetts.

Application for admission to Texas of Central States of Omaha Companies, Inc., a foreign third party administrator. The home office is Omaha, Nebraska.

Application for admission to Texas of Insurance Administrative Solutions, L.L.C. DBA Wakely and Associates, L.L.C., a foreign third party administrator. The home office is Clearwater, Florida.

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-200303750

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: June 18, 2003


Texas Lottery Commission

Instant Game Number 373 "Triple Tripler"

1.0 Name and Style of Game.

A. The name of Instant Game No. 373 is "TRIPLE TRIPLER". The play style is a "key number match with 9X win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 373 shall be $3.00 per ticket.

1.2 Definitions in Instant Game No. 373.

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

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

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, $1.00, $2.00, $3.00, $5.00, $10.00, $50.00, $100, $300, $3,000, $27,000, 9X SYMBOL.

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

Figure 1: GAME NO. 466 - 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. 466 - 1.2E

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

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

G. Low-Tier Prize - A prize of $3.00, $5.00, $9.00, $10.00, $18.00, or $20.00.

H. Mid-Tier Prize - A prize of $27.00, $45.00, $90.00, or $100.

I. High-Tier Prize- A prize of $900, $3,000, or $27,000.

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

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (373), a seven (7) digit pack number and a three (3) digit ticket number. Ticket numbers start with 000 and end with 124 within each pack. The format will be: 373-0000001-000.

L. Pack - A pack of "TRIPLE TRIPLER" Instant Game tickets contain 125 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of one (1). There will be two (2) fanfold configurations for this game. Configuration A will show the front of ticket 000 and the back of ticket 124. Configuration B will show the back of ticket 000 and the front of 124.

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 "TRIPLE TRIPLER" Instant Game No. 373 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 "TRIPLE TRIPLER" Instant Game is determined once the latex on the ticket is scratched off to expose 23 (twenty-three) play symbols. If the player matches any of the YOUR NUMBERS play symbols to any of the three WINNING NUMBERS play symbols the player will win the PRIZE shown for that number. If the player gets a 9X symbol under any of the YOUR NUMBERS symbols, the player will win 9 times the prize shown for that symbol. 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 23 (twenty-three) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

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 23 (twenty-three) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

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

16. Each of the 23 (twenty-three) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 23 (twenty-three) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

19. The ticket must have been received 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 duplicate non-winning Your Numbers play symbols on a ticket.

C. No duplicate Winning Numbers play symbols on a ticket.

D. No more than one pair of duplicate non-winning prize symbols on a ticket.

E. The "9X" symbol will only appear on winning tickets as dictated by the prize structure.

2.3 Procedure for Claiming Prizes.

A. To claim a "TRIPLE TRIPLER" Instant Game prize of $3.00, $5.00, $9.00, $10.00, $18.00, $20.00, $27.00, $45.00, $90.00, or $100, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $90 or $100 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "TRIPLE TRIPLER" Instant Game prize of $3,000 or $27,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery’s Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "TRIPLE TRIPLER" 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 "TRIPLE TRIPLER" 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 "TRIPLE TRIPLER" 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 therefore, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated therefore, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated therefor. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

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

4.0 Number and Value of Instant Prizes. There will be approximately 5,133,250 tickets in the Instant Game No. 373. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 373 - 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. 373 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. 373, 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-200303679

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: June 16, 2003


Instant Game Number 382 "Fast Tracks"

1.0 Name and Style of Game.

A. The name of Instant Game No. 382 is "FAST TRACKS". The play style is "key number/symbol match with doubler".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 382 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 382.

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

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

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $200, $2,000, $25,000, DOLLAR SIGN SYMBOL, FLAG SYMBOL.

D. Play Symbol Caption- the small printed material appearing below each Play Symbol which explains the Play Symbol. One and only one of these Play Symbol Captions will appear 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. 382 - 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. 382 - 1.2E

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

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

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

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

I. High-Tier Prize- A prize of $2,000, $25,000.

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

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (382), 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: 382-0000001-000.

L. Pack - A pack of "FAST TRACKS" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of two (2). Tickets 000 and 001 will be on the top page, tickets 002 and 003 on the next page, and so on, and tickets 248 and 249 will be on the last page. Please note the books will be in an A- B configuration.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "FAST TRACKS" Instant Game No. 382 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 "FAST TRACKS" Instant Game is determined once the latex on the ticket is scratched off to expose 22 (twenty-two) play symbols. If any of the player’s designated YOUR NUMBERS match either designated WINNING NUMBER, the player will win the PRIZE indicated. If the player reveals a dollar sign ("$") symbol the player will win the indicated prize automatically. If the player reveals a "flag" symbol, the player will win double the indicated prize. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 22 (twenty-two) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have exactly 22 (twenty-two) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

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

16. Each of the 22 (twenty-two) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 22 (twenty-two Play) Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

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

C. No duplicate Winning Numbers play symbols on a ticket.

D. No more than one pair of duplicate non-winning prize symbols on a ticket.

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

F. The "flag" symbol will never appear more than once on a ticket.

2.3 Procedure for Claiming Prizes.

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

B. To claim a "FAST TRACKS" Instant Game prize of $2,000 or $25,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery’s Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "FAST TRACKS" 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 "FAST TRACKS" 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 "FAST TRACKS" 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 therefore, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated therefore, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated therefore. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

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

4.0 Number and Value of Instant Prizes. There will be approximately 15,288,250 tickets in the Instant Game No. 382. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 382 - 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. 382 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. 382, 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-200303678

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: June 16, 2003


Instant Game Number 407 "Cash Celebration"

1.0 Name and Style of Game.

A. The name of Instant Game No. 407 is "CASH CELEBRATION". The play style is a "match 3 of 9 with tripler".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 407 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 407.

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: $1.00, $2.00, $3.00, $6.00, $9.00, $18.00, $27.00, $100, $1,000, $3,000, BELL SYMBOL.

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

Figure 1: GAME NO. 407 - 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: GAME NO. 407 - 1.2E

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

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

G. Low-Tier Prize - A prize of $1.00, $3.00, $6.00, $9.00, or $18.00.

H. Mid-Tier Prize - A prize of $27.00, $100, or $300.

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

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

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (407), 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: 407-0000001-000.

L. Pack - A pack of "CASH CELEBRATION" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 000 to 004 will be on the top page, tickets 005 to 009 will be on the next page, and so on, and tickets 245 to 249 will be 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 "CASH CELEBRATION" Instant Game No. 407 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 "CASH CELEBRATION" Instant Game is determined once the latex on the ticket is scratched off to expose nine (9) play symbols. If the player matches 3 identical amounts, the player will win that amount. If the player matches 2 identical amounts and a bell symbol, the player will win triple that amount. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

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

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

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

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

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

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

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

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

19. The ticket must have been received 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 four or more like play symbols on a ticket.

C. No more than 2 pairs of like play symbols on a ticket.

D. The tripler symbol will appear according to the prize structure and will only appear once on a ticket.

E. When the tripler symbol appears on a winning ticket, there will be no more than two like play symbols.

2.3 Procedure for Claiming Prizes.

A. To claim a "CASH CELEBRATION" Instant Game prize of $1.00, $3.00, $6.00, $9.00, $18.00, $27.00, $100, 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 $100 or $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 "CASH CELEBRATION" Instant Game prize of $3,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery’s Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "CASH CELEBRATION" 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 therefore, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated therefore, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated therefore. 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 20,203,500 tickets in the Instant Game No. 407. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 407 - 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. 407 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. 407, 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-200303677

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: June 16, 2003


Manufactured Housing Division

Notice of Administrative Hearing

Thursday, July 10, 2003, 1:00 p.m.

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

Austin, Texas

AGENDA

Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of the complaint of the Manufactured Housing Division of the Texas Department of Housing and Community Affairs and Barbara's Berry Best Buy, Inc. dba Longhorn Manufactured Homes to hear alleged violations of Sections 6(m) (currently found at Chapter 1201.151 of the Occupations Code), Section 6(m)(1) (currently found at Chapter 1201.151(a) of the Occupations Code), Section 6(m)(3) (currently found at Chapter 1201.151(b) of the Occupations Code), Section 7(b) (currently found at Chapter 1201.101(b) of the Occupations Code), Section 7(c) (currently found at Chapter 1201.101(c) of the Occupations Code), Section 7(j)(1) (currently found at Chapter 1201.551(a)(a) of the Occupations Code), Section 7(j)(3) (currently found at Chapter 1201.551(a)(3) of the Occupations Code), Section 7(k) (currently found at Chapter 1201.552 of the Occupations Code), Section 8(b) (currently found at Chapter 1201.455 of the Occupations Code), Section 8(c) (currently found at Chapter 1201.453 of the Occupations Code), Section 8(d) (currently found at Chapter 1201.451 of the Occupations Code), Sections 14(f) and 14(j) (currently found at Chapters 1201.358, 1201.354, and 1201.354 of the Occupations Code), and Section 20(a) (currently found at Chapter 1201.153(a) and (b) of the Occupations Code) of the Act and Sections 80.54(b), 80.121(a)(1)(F), 80.123(b), 80.123(c), 80.131(b), 80.132(3), and 80.180 of the Rules by refusing to refund the deposits given by consumers within fifteen days of receiving written notice requesting the refund for homes that were in Respondents inventory, by selling/negotiating to sell two or more homes in a twelve month period without obtaining, maintaining, or possessing a valid retailer's and/or broker's license, by failing to give the proper notices and disclosures on a manufactured home that was sold by Respondent, by selling an uninhabitable home to a consumer, by selling a manufactured home without the appropriate, timely transfer of a good and marketable title, and by not complying with the initial reports and warranty order of the Director and not providing the Division with completed work orders. SOAH 332-03-3405. Department MHD2002001301-HB, MHD2002001442-RD, MHD2003000215-RD, MHD2003000679-RD, MHD2003001005-UR, MHD2003001017-UR, MHD2003001272-UR, and MHD2003001333-DT.

Contact: Jim R. Hicks, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475-3589, jhicks@tdhca.state.tx.us

TRD-200303734

Timothy K. Irvine

Deputy Executive Director

Manufactured Housing Division

Filed: June 18, 2003


Public Utility Commission of Texas

Notice of Filing to Withdraw Services Pursuant to P.U.C. Substantive Rule §26.208

Notice is given to the public of SBC Texas's application filed with the Public Utility Commission of Texas (commission) on May 27, 2003 to withdraw services.

Docket Title and Number: Application of SBC Texas to Grandfather and Withdraw Internet Caller ID, Docket Number 27874.

Southwestern Bell Texas, L.P. doing business as SBC Texas (SBC Texas) has filed an application with the commission to withdraw Internet Caller ID service. SBC Texas's reason for withdrawing the service is that Internet Caller ID only works with Windows 95 and Windows 98. SBC Texas stated it would be prohibitive to upgrade and maintain Internet Caller ID to work on newer operating systems. Those customers using dial-up service have competitive alternatives to choose from. SBC proposed to grandfather all existing Internet Caller ID customers until the end of 2003 and to completely withdraw the service on December 31, 2003.

Persons wishing to comment on this application should contact the Public Utility Commission of Texas, by July 18, 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 toll-free 1-800-735-2989. All correspondence should refer to Docket Number 27874.

TRD-200303583

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 13, 2003


Notice of Petition for Expanded Local Calling Service

Notice is given to the public of the filing with the Public Utility Commission of Texas of a petition on May 5, 2003, for expanded local calling service (ELCS), pursuant to Chapter 55, Subchapter C of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Project Title and Number: Petition of the Alexander Exchange for Expanded Local Calling Service, Project Number 27746.

The petitioners in the Alexander exchange request ELCS to the exchanges of Carlton, Dublin, Hico, and Stephenville.

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 July 9, 2003. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2789. All comments should reference Project Number 27746.

TRD-200303702

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 16, 2003


Notice of Petition for Expanded Local Calling Service

Notice is given to the public of the filing with the Public Utility Commission of Texas of a petition on May 8, 2003, for expanded local calling service (ELCS), pursuant to Chapter 55, Subchapter C of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Project Title and Number: Petition of the Jackson Exchange for Expanded Local Calling Service, Project Number 27761.

The petitioners in the Jackson exchange request ELCS to the exchange of Tyler.

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 July 14, 2003. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2789. All comments should reference Project Number 27761.

TRD-200303703

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 16, 2003


Public Notice of Interconnection Agreement

On June 12, 2003, Starlight Phone, Inc. and Verizon Southwest, 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 27948. 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 27948. 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 15, 2003, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this action, or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936- 7136. All correspondence should refer to Docket Number 27948.

TRD-200303579

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 13, 2003


Public Notice of Interconnection Agreement

On June 12, 2003, American Fiber Network, Inc. doing business as AFN, Inc. and Verizon Southwest, 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 27949. 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 27949. 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 15, 2003, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this action, or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936- 7136. All correspondence should refer to Docket Number 27949.

TRD-200303580

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 13, 2003


Public Notice of Interconnection Agreement

On June 12, 2003, Metro Teleconnect Companies, Inc. and Verizon Southwest, 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 27950. 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 27950. 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 15, 2003, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this action, or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936- 7136. All correspondence should refer to Docket Number 27950.

TRD-200303581

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 13, 2003


Public Notice of Interconnection Agreement

On June 12, 2003, Habla Comunicaciones, Inc. and Verizon Southwest, collectively referred to as applicants, filed a joint application for approval to adopt the rates, terms, and conditions of a previously-approved interconnection agreement adopted pursuant to the §252(e) 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 27951. 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 25951. 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 15, 2003, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this action, or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936- 7136. All correspondence should refer to Docket Number 27951.

TRD-200303582

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 13, 2003


Public Notice of Interconnection Agreement

On June 13, 2003, Mid-Plains Rural Telephone Cooperative, Incorporated and WWC Texas RSA Limited Partnership, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2003) (PURA). The joint application has been designated Docket Number 27952. 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 27952. 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 16, 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 27952.

TRD-200303704

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 16, 2003


Public Notice of Interconnection Agreement

On June 13, 2003, Mid-Plains Rural Telephone Cooperative, Incorporated and Dobson Cellular 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 27953. 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 27953. 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 16, 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 27953.

TRD-200303705

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 16, 2003


Request for Proposals for the Provision of Call Center and Fulfillment Services for the Texas Electric Choice Campaign

The Public Utility Commission of Texas (commission or PUC) is issuing a Request for Proposals (RFP) for the provision of call center and fulfillment services for the Texas Electric Choice Campaign. This RFP is being undertaken pursuant to the commission's statutory responsibility as provided for in the Public Utility Regulatory Act (PURA) §39.902(a) and (c).

To be considered, the proposals must arrive at the PUC on or before 3:00 p.m., C.S.T., Monday, July 14, 2003. The vendor will be designated by the commission on or before July 21, 2003 and must be prepared to commence service on August 1, 2003.

Entities that meet the definition of a historically underutilized business (HUB), as defined in Chapter 2161, Texas Government Code, §2161.001, are encouraged to submit a proposal.

Project Description. This RFP contains two basic services for which a vendor is needed: (1) services necessary to set up and operate a call center to handle inbound inquiries about electric choice in Texas, including, but not limited to, all equipment, labor, programming costs, and customer service representative training, and (2) services necessary to set up and provide fulfillment of educational materials in response to customer inquiries received via telephone, mail, and the Internet. The commission will provide the vendor with the use of its toll-free 1-866-797-4839 telephone number and the Texas Electric Choice materials to be distributed to Texas customers upon request.

Price. The budgeted amount for this contract is $350,000.

Selection Criteria. A proposal will be selected based on the ability of the proposer to provide the best value to the state. In addition to the proposer's ability to carry out all of the requirements contained in this RFP and demonstrated competence and qualifications of the proposer, the reasonableness of the proposed fee will be considered. A team of staff evaluators will review all the proposals submitted. A complete description of selection criteria is set forth in the RFP. Proposers will be notified in writing of the selection.

Requesting the Proposal. A complete copy of the RFP may be obtained by written request to Lisa Trueper, Purchaser, Public Utility Commission of Texas, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701, or by fax (512) 936-7058, or by email at lisa.trueper@puc.state.tx.us. The RFP will be available Friday, June 27, 2003 and will be mailed on that date to all parties who have requested a copy and to a list of prospective proposers prepared by PUC staff. You may also download the RFP from the PUC website at www.puc.state.tx.us, under Hot Topics, and from the Electronic Business Daily website sponsored by the Texas Department of Economic Development at www.marketplace.state.tx.us.

Deadline for Receipt of Proposals. Proposals must be received no later than 3:00 p.m. on Monday, July 14, 2003, in the Public Utility Commission of Texas Central Records, Room G-113, Public Utility Commission of Texas, William B. Travis Building, 1701 North Congress Ave., Austin, Texas 78701. Proposals received in Central Records after 3:00 p.m. on Monday, July 14, 2003, will not be considered. Proposals may be received in Central Records between 9:00 a.m. and 5:00 p.m., Monday through Friday, except on holidays. Regardless of the method of submission of the proposal, the commission will rely solely on the time/date stamp of Central Records in establishing the time and date of receipt. Proposals should be filed under Project 27955.

TRD-200303720

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 17, 2003


Request for Proposals to Select Vendor to Provide Marketing Services for the Texas Electric Choice Public Education Campaign

The Public Utility Commission of Texas (commission or PUC) is issuing a Request for Proposals to select a vendor to provide marketing services for the Texas Electric Choice public education campaign. This Request for Proposals (RFP) is issued pursuant to the commission's authority under Texas Utilities Code, Title II, Chapter 39, Subchapter Z, §39.902(a) and (c).

To be considered, the proposals must arrive at the PUC on or before 3:00 p.m., C.S.T., Monday, July 21, 2003. The vendor will be designated by the commission on or before July 25, 2003 and must be prepared to commence service on August 1, 2003.

Entities that meet the definition of a historically underutilized business (HUB), as defined in Chapter 2161, Texas Government Code, §2161.001, are encouraged to submit a proposal.

Project Description. The PUC is responsible for educating the public about electric deregulation and to offer them the tools to help make informed choices of electric services and retail electric providers. This RFP is for the selection of the marketing services agency that will assist the PUC in the strategy and execution of the marketing services for the Texas Electric Choice public education program. The focus of the marketing effort will be on an education partner program designed to work with community influencers to distribute information on electric competition to their constituents and to drive response to the Texas Electric Choice website and answer center. Tasks to be performed include: (1) development of a creative strategy; (2) development of a marketing work plan; (3) utilization of current research; (4) implementation of the Education Partner Campaign; and (5) project management.

Price. The budgeted amount for this contract is $400,000. The initial $100,000 will be budgeted solely for the month of August and cannot be used to pay for any work preformed or for items purchased after September 1, 2003. The remaining $300,000 is budgeted for Fiscal Year 2004 (September 1, 2003 through August 31, 2004) and will be allocated for all fees, collateral and promotional item production, postage and distribution of any materials, and any media buying or database services.

Selection Criteria. A proposal will be selected based on the ability of the proposer to provide the best value to the state. In addition to the proposer's ability to carry out all of the requirements contained in this RFP and demonstrated competence and qualifications of the proposer, the reasonableness of the proposed fee will be considered. Proposals for amounts exceeding the budget will be rejected as non-responsive. A team of staff evaluators will review all the proposals submitted. A complete description of selection criteria is set forth in the RFP. Proposers will be notified in writing of the selection.

Requesting the Proposal. A complete copy of the RFP may be obtained by written request to Lisa Trueper, Purchaser, Public Utility Commission of Texas, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701, or by fax (512) 936-7058, or by email to lisa.trueper@puc.state.tx.us. The RFP will be available Friday, June 27, 2003 and will be mailed on that date to all parties who have requested a copy and to a list of prospective proposers prepared by PUC staff. You may also download the RFP from the PUC website at www.puc.state.tx.us, under Hot Topics, and from the Electronic Business Daily website sponsored by the Texas Department of Economic Development at www.marketplace.state.tx.us.

Deadline for Receipt of Proposals. Proposals must be received no later than 3:00 p.m. on Monday, July 21, 2003, in the Public Utility Commission of Texas Central Records, Room G-113, Public Utility Commission of Texas, William B. Travis Building, 1701 North Congress Ave., Austin, Texas 78701. Proposals received in Central Records after 3:00 p.m. on Monday, July 21, 2003 will not be considered. Proposals may be received in Central Records between 9:00 a.m. and 5:00 p.m., Monday through Friday, except on holidays. Regardless of the method of submission of the proposal, the commission will rely solely on the time/date stamp of Central Records in establishing the time and date of receipt. Proposals should be filed under Project Number 27954.

TRD-200303708

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 16, 2003


Texas A&M University, Board of Regents

Request for Proposal

The Texas A&M University System (A&M System) requests proposals from professional firms interested in representing the A&M System and its members in certain tax matters.

Description: The A&M System is composed of 19 members (including 9 institutions, 1 health science center, 8 state agencies and 1 System Administrative and General Office) supported by legislative appropriations, tuition, fees, income from auxiliary enterprises, the Permanent University Fund, the Available University Fund, grants, gifts, sponsored research and other sources of revenues, all of which may be impacted by the Internal Revenue Code and Internal Revenue Service Treasury Regulations. For assistance with such issues, the A&M System will engage outside counsel for review of and advice regarding tax matters related to higher education including, but not limited to, the following: unrelated business income tax; retirement programs; tax matters regarding compensation issues; nonresident alien tax issues; and personal income tax issues as they relate to donors.

The A&M System invites proposals in response to this Request for Proposal (RFP) from qualified firms for the provision of such legal and tax services (for the period September 1, 2003 through August 31, 2004) under the direction and supervision of the A&M System Office of Budgets and Accounting.

Responses: Responses to this RFP should include at least the following information:

* a description of the firm's or attorney's qualifications for performing the legal services, including the firm's past experience in tax-related matters and retirement plans as they relate specifically to institutions of higher education;

* the names and experience of the attorneys who will be assigned to work on such matters;

* the availability of the lead attorney and others assigned to the project

* a description of the firm's efforts to encourage and develop the participation of minorities and women in the provision of the firm's and legal services generally, and tax matters in particular;

* fee information (either in the form of hourly rates for each partner, associate, paralegal and technical advisor who may be assigned to perform services to the A&M System, comprehensive flat fees, or other fee arrangements directly related to the achievement of specific goals and cost controls) and billable expenses;

* a comprehensive description of the procedures to be used by the firm to supervise the provision of legal services in a timely and cost-effective manner;

* representation that should it be selected by the A&M System to provide legal assistance in tax matters, the firm will enter into the attached "Outside Counsel Agreement."; and

* confirmation of willingness to comply with policies, directives and guidelines of the A&M System and the Attorney General of the State of Texas. Qualified firms must be able to exhibit compliance with House Bill No. 1, 77th Legislature, Regular Session, Article IX, Section 6.26 concerning matters against the State of Texas or any of its agencies.

Format and Person to Contact: Three copies of the proposal are requested. The proposal should be typed, preferably double spaced, on 8 1/2 by 11 inch paper with all pages sequentially numbered, and either stapled or bound together. They should be sent by mail or delivered in person, marked on the envelope "Response to Request for Proposal" and addressed to:

B. J. Crain

Associate Vice Chancellor for Budgets and Accounting

Office of Budgets and Accounting

The Texas A&M University System

John B. Connally Building

301 Tarrow, Room 309

College Station, Texas 77840-7896

Evaluation: Proposals sent in response to this RFP will be evaluated in light of several criteria. The criteria are expertise, availability of a lead attorney, prior experience in handling tax matters related to higher education, procedures for providing timely and cost-effective services, and reasonableness of fees. Although the fee structure and overall cost of this representation will be an extremely important factor in evaluating proposals submitted in response to this RFP, the successful firm(s) will clearly demonstrate exceptional expertise and experience with the federal tax matters made the subject of this RFP.

Deadline for submission of Response: All proposals must be received by the Office of Budgets and Accounting of the A&M System at the address set forth above not later than 5:00 p.m., July 15, 2003. We reserve the right to consider late proposals but cannot guarantee their consideration.

TRD-200303549

Vickie Burt Spillers

Executive Secretary to the Board

Texas A&M University, Board of Regents

Filed: June 12, 2003


The University of Texas System

Notice of Contract Award

Pursuant to §2254.030, Government Code, The University of Texas Southwestern Medical Center at Dallas (UT Southwestern) hereby gives notice of award of a consulting services contract to HealthLink, Inc., 3800 Buffalo Speedway, Suite 550, Houston, TX 77098 (HLI). HLI will provide assistance in the development of a strategic plan for UT Southwestern's Department of Information Resources. The contract was issued pursuant to an RFP issued by UT Southwestern.

The total contract amount is $150,000. Due dates for contract deliverables vary and are set out in the schedule contained in the contract. Final deliverable is due July 21, 2003.

TRD-200303577

Francie A. Frederick

Counsel and Secretary to the Board

The University of Texas System

Filed: June 13, 2003


Texas Workforce Commission

Notice-Apprenticeship Funding Available

Notice of Available Funds for Fiscal Year 2004 for Apprenticeship Training Programs from the Texas Workforce Commission under the Texas Education Code, Chapter 133.

Filing Authority. The notice of available funds for apprenticeship training programs is authorized under the Texas Education Code, Chapter 133.

Eligible Applicants. The Texas Workforce Commission is requesting preliminary contact-hour estimates from public school districts and state post-secondary institutions for related (apprentice) instruction classes for apprenticeship training programs under Texas Education Code, Chapter 133.

Description. Funds will be available for Fiscal Year 2004 (September 1, 2003 - August 31, 2004) to provide funds under the Texas Education Code, Chapter 133. The purpose of the funds is to help pay for classroom instruction for related (apprentice) instruction classes of apprenticeship training programs registered with the Bureau of Apprenticeship and Training (BAT). The planning estimate for Fiscal Year 2004 is $1,678,146 for apprenticeship programs from the Texas Workforce Commission. Pending approval of funding formulas on June 27, 2003 by the Texas Council on Workforce and Economic Competitiveness, five percent of the total grant funds will be set aside for apprenticeship programs and occupations within apprenticeship programs that did not receive Chapter 133 funds during the previous biennium (September 1, 2001 to August 31, 2003).

Qualifications for Funding. To qualify for funding: 1) each apprenticeship training program or occupation within a program must be certified and registered by the BAT, U.S. Department of Labor, no later than August 1, 2003; 2) each apprentice must be registered with the BAT in Texas on or before September 1, 2003; 3) each apprentice must be a full-time paid employee in the private sector in Texas; 4) the number of related instruction hours per class must be certified by the BAT as verified in the program standards of the apprenticeship program; 5) a public school district or state postsecondary institution must act as fiscal agent for the funds in accordance with a contract between the apprenticeship program sponsor and the district or institution; and 6) the related instruction (apprentice) class must start in September 2003 and conduct its fourth class meeting no later than October 4, 2003.

Dates of Program. Each class may not start before September 1, 2003, and must end on or before August 31, 2004.

Planning Allocation of Funds. The statewide total number of estimated contact hours that are submitted to the Texas Workforce Commission will be divided into the amount of funds available to determine a preliminary contact-hour rate, not to exceed $4.00 per contact hour. Planning allocations are made to eligible applicants based on the preliminary contact-hour rate multiplied by the number of estimated contact hours submitted to the Texas Workforce Commission.

Use of Funds. Funds can only be used for related instruction costs such as instructor salaries, instructional supplies, instructional equipment, and other operating expenses. No more than 15 percent may be used by the eligible applicants for administrative purposes, such as supervisory and/or secretarial salaries, office supplies, or travel.

Requesting the Forms to Submit Preliminary Estimated Contact Hours. An information package explaining the process for submitting preliminary contact-hour estimates and the process for submitting an application may be obtained by contacting the Apprenticeship Support Program at (512) 463-9767, e- mailing beverly.donoghue@twc.state.tx.us, or writing the Apprenticeship Support Program, Texas Workforce Commission, 101 East 15th Street, Room 432T, Austin, Texas 78778-0001.

Further Information. For additional information, please contact Beverly Donoghue, Apprenticeship Support Coordinator, Texas Workforce Commission, at (512) 463-9767.

Deadline for Receipt of Preliminary Contact-Hour Estimates. The Texas Workforce Commission, Apprenticeship Support Program, must receive preliminary contact-hour estimates for Fiscal Year 2004 apprenticeship training programs no later than 5:00 p.m., Thursday, July 3, 2003, to be considered for funding.

TRD-200303753

John Moore

General Counsel

Texas Workforce Commission

Filed: June 18, 2003