An application was received from Community Service Credit Union, Huntsville, Texas to expand its field of membership. The proposal would permit Friends of the Texas Credit Union Foundation, its employees, members, and their family members residing in the counties of Grimes, Houston, Madison, Montgomery, Trinity and San Jacinto, Texas, to be eligible for membership in the credit union.

An application was received from First Class American Credit Union, Fort Worth, Texas to expand its field of membership. The proposal would permit persons who live in, worship in, attend school in, or work in Tarrant County, Texas, to be eligible for membership in the credit union.

An application was received from Graphic Arts Credit Union, Houston, Texas to expand its field of membership. The proposal would permit Employees, members, and owners of companies in the graphic arts industries in Harris, Galveston, Montgomery, Waller, Fort Bend and Brazoria Counties, Texas, to be eligible for membership in the credit union.

An application was received from S&S Credit Union, Houston, Texas to expand its field of membership. The proposal would permit persons who live, work, worship, or attend school within 10 miles of S&S Credit Union’s office located at 3101 Harrisburg Blvd., Houston, Texas, to be eligible for membership in the credit union.

An application was received from Fort Worth Community Credit Union, Bedford, Texas (#1) to expand its field of membership. The proposal would permit persons who live, work, or attend school in Collin County, Texas, to be eligible for membership in the credit union.

An application was received from Fort Worth Community Credit Union, Bedford, Texas (#2) to expand its field of membership. The proposal would permit persons who live, work, or attend school in Dallas County, Texas, to be eligible for membership in the credit union.

An application was received from Fort Worth Community Credit Union, Bedford, Texas (#3) to expand its field of membership. The proposal would permit persons who live, work, or attend school in Denton County, Texas, to be eligible for membership in the credit union.

An application was received from Fort Worth Community Credit Union, Bedford, Texas (#4) to expand its field of membership. The proposal would permit persons who live, work, or attend school in Johnson County, Texas, to be eligible for membership in the credit union.

An application was received from Fort Worth Community Credit Union, Bedford, Texas (#5) to expand its field of membership. The proposal would permit persons who live, work, or attend school in Parker County, Texas, to be eligible for membership in the credit union.

An application was received from Educators Credit Union, Waco, Texas to expand its field of membership. The proposal would permit persons who live or work, or businesses in McLennan County, Texas, to be eligible for membership in the credit union.

An application was received from Baytown Teachers Credit Union, Baytown, Texas to expand its field of membership. The proposal would permit persons who live, work, attend school or worship and businesses located within the geographical boundaries of Goose Creek ISD, Barbers Hill ISD, and Crosby ISD, to be eligible for membership in the credit union.

An application was received from Access Credit Union, Amarillo, Texas to expand its field of membership. The proposal would permit persons who worship in Potter and Randall Counties, 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-200402634

Harold E. Feeney

Commissioner

Credit Union Department

Filed: April 20, 2004

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) to Expand Field of Membership- Approved

S&S Credit Union, Houston, Texas- See Texas Register issue dated January 30, 2004.

Texas Dow Employees Credit Union, Lake Jackson, Texas- See Texas Register issue dated January 30, 2004.

Scott & White Employees Credit Union, Temple, Texas (#1)- See Texas Register issue dated January 30, 2004.

Scott & White Employees Credit Union, Temple, Texas (#7)- See Texas Register issue dated January 30, 2004.

Houston Energy Credit Union, Houston, Texas- See Texas Register issue dated January 30, 2004.

Permian Basin Credit Union, Odessa, Texas- See Texas Register issue dated February 27, 2004.

Application(s) to Expand Field of Membership- Withdrawn

Scott & White Employees Credit Union, Temple, Texas (#3)- See Texas Register issue dated January 30, 2004.

Scott & White Employees Credit Union, Temple, Texas (#6)- See Texas Register issue dated January 30, 2004.

TRD-200402636

Harold E. Feeney

Commissioner

Credit Union Department

Filed: April 20, 2004

Texas Commission on Environmental Quality

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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director (ED) of the commission in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is May 31, 2004 . The commission will consider any written comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate a proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on May 31, 2004 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, comments on the DOs should be submitted to the commission in writing .

(1) COMPANY: Ajit Prasad dba Check Out Chevron; DOCKET NUMBER: 2003-0414-PST-E; TCEQ ID NUMBER: 0041188; LOCATION: 622 South Robb Street, Trinity, Trinity County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and (2)(A)(i)(III) and TWC, §26.3475(a) and (c)(1), by failing to test a line leak detector at least once per year for performance and operational liability and failing to monitor the underground storage tanks (USTs) and piping for releases at a frequency of at least once every month not to exceed 35 days between each monitoring; 30 TAC §334.49(c)(2)(C) and TWC, §26.3475(d), by failing to check the impressed current rectifier at least once every 60 days to verify system operation; 30 TAC §334.51(b)(2)(C) and TWC, §26.3475(c)(2), by failing to provide an overfill device; 30 TAC §37.815(a) and (b), by failing to demonstrate financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases from the operation of petroleum USTs; 30 TAC §334.48(c), by failing to conduct inventory control at retail fuel dispensing facility; and 30 TAC §334.22(a), by failing to pay UST fees and late fees; PENALTY: $12,600; STAFF ATTORNEY: Diana Grawitch, Litigation Division, MC 175, (512) 239-0939; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(2) COMPANY: Al-Huseini, Inc. dba Stubby's #2; DOCKET NUMBER: 2002-0398-PST-E; TCEQ ID NUMBERS: 0030618 and RN102442431; LOCATION: 16895 Farm-to-Market Road 1485, Conroe, Montgomery County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.51(b)(2)(C) and TWC, §26.3475(c)(2), by failing to install proper overfill prevention equipment for the UST system; 30 TAC §334.47(b)(1)(A) and TWC, §26.3475(d), by failing to have a tank integrity assessment conducted prior to installation of corrosion protection; 30 TAC §334.49(c)(4)(C) and TWC, §26.3475(d), by failing to have the cathodic protection system tested by a qualified corrosion specialist or corrosion technician within three to six months after installation; 30 TAC §37.815(a) and (b), by failing to demonstrate financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases from the operation of petroleum USTs; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures at a retail facility regardless of which method of release detection is used; 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor USTs for releases at least once per month not to exceed 35 days between each monitoring; 30 TAC §334.50(b)(2)(A)(i)(III) and TWC, §26.3475(a), by failing to test a line leak detector at least once per year for performance and operational reliability; 30 TAC §115.246(5) and Texas Health and Safety Code (THSC), §382.085(b), by failing to maintain a record of Stage II testing; 30 TAC §115.242(3) and THSC, §382.085(b), by failing to maintain all components of the Stage II vapor recovery system in proper operating condition; 30 TAC §115.242(3)(A) and THSC, §382.085(b), by failing to maintain the Stage II vapor recover system in proper operating condition; and 30 TAC §115.242(3)(C) and THSC, §382.085(b), by failing to maintain all components of the Stage II vapor recovery system to an approved condition free of defects that would impair the effectiveness of the system; PENALTY: $33,125; STAFF ATTORNEY: Kelly W. Mego, Litigation Division, MC R-4, (817) 588-5922; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3) COMPANY: Mohammad Elhommoud dba Sam's Grocery Mart; DOCKET NUMBER: 2002- 0779-PST-E; TCEQ ID NUMBER: 0016427; LOCATION: 906 East Harris, Pasadena, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for the UST system; 30 TAC §334.50(b)(1)(A) and TWC, §26.3475, by failing to provide a release detection method for the UST system to monitor for release of petroleum product at least once per month not to exceed 35 days; 30 TAC §334.8(c)(4)(B) and TWC, §26.3467(a), by failing to ensure that the UST and self-certification form was fully and accurately completed and that it is submitted to the TCEQ in a timely manner; 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance; 30 TAC §334.50(b)(2)(A)(i) and TWC, §26.3467, by failing to equip the regular unleaded product line with an automatic line leak detector; and TWC, §26.121, by allowing the release of petroleum product at the facility; PENALTY: $20,500; STAFF ATTORNEY: Christina Mann, Litigation Division, MC R-13, (210) 403-4016; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500

(4) COMPANY: Tony E. Williams, Jr.; DOCKET NUMBER: 2002-0662-LII-E; TCEQ ID NUMBER: none; LOCATION: P.O. Box 11096, Klein, Harris County, Texas; TYPE OF FACILITY: irrigation and landscape company; RULES VIOLATED: 30 TAC §334.4 and TWC, §34.007(a) and §37.003, by selling, designing, installing, and connecting a landscape irrigation system to a public water supply without authorization; PENALTY: $625; STAFF ATTORNEY: Benjamin Joseph de Leon, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-200402598

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 20, 2004

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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is May 31, 2004 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on May 31, 2004 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, §7.075 provides that comments on an AO should be submitted to the commission in writing .

(1) COMPANY: Aqua Solutions, Inc; DOCKET NUMBER: 1994-0132-SWR-E; TCEQ ID NUMBER: 52127; LOCATION: 6913 Highway 225, Deer Park, Harris County, Texas; TYPE OF FACILITY: facility that blends, repackages, and sells laboratory chemicals and solutions; RULES VIOLATED: 30 TAC § 335.2, by failing to submit a Part A or Part B Resource Conservation and Recovery Act permit for a waste management facility receiving wastes from off-site; 30 TAC §335.6, by failing to notify the executive director of all solid waste activities, including the generation of waste streams, and waste management methods; 30 TAC §335.9, by failing to maintain records of industrial solid waste activities regarding the small quantities generated; 30 TAC §335.11, by transporting shipments of hazardous waste from analytical laboratories to its facility without obtaining a manifest from the generators; 30 TAC §335.12, by accepting hazardous wastes without manifests or appropriate shipping papers; 30 TAC §335.14, by failing to maintain records or manifests that indicate the generator, transporter, or final disposal destination; 30 TAC §335.15, by failing to prepare monthly waste receipt summaries; 30 TAC §335.62, by failing to complete hazardous waste determinations for certain wastes; 30 TAC §335.63, by failing to obtain a United States Environmental Protection Agency (EPA) identification number to store and transport hazardous waste; 30 TAC §335.431, by failing to determine the appropriate treatability groups for small quantities of certain wastes, failing to clearly mark containers, and failing to keep operating records that track location, quantity, and dates that wastes entered or were removed from storage and by storing wastes for longer than a year; and TWC, §26.121, by discharging laboratory washwater and chemical blending washwater to the on-site wastewater treatment unit; PENALTY: $82,840; STAFF ATTORNEY: Snehal Patel, Litigation Division, MC R-12, (713) 422-8928; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, TX 77023-1486, (713) 767-3500.

(2) COMPANY: Ashiq Ali Khoja dba Stop N Drive Food Mart; DOCKET NUMBER: 2003-1020- PST-E; TCEQ ID NUMBERS: 31669 and RN102389285; LOCATION: 4015 Dickinson Avenue, Dickinson, Galveston County, Texas; TYPE OF FACILITY: convenience store with gasoline pumps; RULES VIOLATED: 30 TAC §115.246(1) and (7)(A), by failing to maintain a copy of the California Air Resources Board Executive Order for the Stage II vapor recovery system; 30 TAC §115.246(3) and (7)(A), by failing to maintain a maintenance log of all Stage II equipment repairs and replacements; 30 TAC §115.246(4) and (7)(A), by failing to maintain proof of attendance at, and completion of, all Stage II training for each employee as long as that employee continues to work for the facility; 30 TAC §115.246(5) and (7)(A), by failing to maintain a record of the results of performance testing conducted at the facility; and 30 TAC §115.246(6) and (7)(A), by failing to maintain a daily inspection log; PENALTY: $1,100; STAFF ATTORNEY: Sarah Utley, Litigation Division, MC R-13, (210) 403-4017; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.

(3) COMPANY: City of Garland; DOCKET NUMBER: 2002-1353-AIR-E; TCEQ ID NUMBER: DB-4394-P; LOCATION: 3637 Castle Drive, Garland, Dallas County, Texas; TYPE OF FACILITY: municipal solid waste landfill; RULES VIOLATED: 30 TAC §122.146(1) and Texas Health and Safety Code (THSC), §382.085(b), by failing to submit annual certification of compliance; and 30 TAC §122.143(14) and THSC, §382.085(b), by failing to maintain a copy of the landfill permit on- site as specified in the authorization to operate; PENALTY: $4,600; STAFF ATTORNEY: Paul Sarahan, Litigation Division, MC 175, (512) 239-3423; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(4) COMPANY: Creek Park Corporation; DOCKET NUMBER: 2000-1118-MWD-E; TCEQ ID NUMBER: 13868-001; LOCATION: 3600 North Cummings Road, Alvarado, Johnson County, Texas; TYPE OF FACILITY: wastewater treatment; RULES VIOLATED: 30 TAC §§305.125(1) and (5), 317.2(c)(5)(F), and 317.4(b)(4), and Texas Pollutant Discharge Elimination System (TPDES) Permit Number 13868-001, Operational Requirements 1 and 5, by failing to properly operate and maintain the facility to ensure compliance with the requirements of its permit; 30 TAC §305.125(1) and (5), TWC, §26.121, and TPDES Permit Number 13868-001, Permit Condition 2.g., by failing to prevent an unauthorized discharge; 30 TAC §305.125(9)(B), and TPDES Permit Number 13868-001, Monitoring and Reporting Requirements 7, by failing to notify the TCEQ, in writing, of the unauthorized discharge within five working days of becoming aware of the non-compliance; 30 TAC §305.125(17) and §319.1 and TPDES Permit Number 13868-001, Monitoring and Reporting Requirements 1, and Sludge Provisions G - Reporting Requirements, by failing to submit the monthly discharge monitoring reports and failing to provide the sludge documents required by the permit; and 30 TAC §305.125(1) and (5), TWC, §26.121, and TPDES Permit Number 13868-001, Final Effluent Limitation and Monitoring Requirements 1, 2, 4, and 6, by failing to prevent the discharge of visible solids from the effluent pipe; PENALTY: $7,200; STAFF ATTORNEY: Darren Ream, Litigation Division, MC R-4, (817) 588-5878; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: Elhamad Enterprises, Inc. dba Habeeb Food Store; DOCKET NUMBER: 2002- 0947-PST-E; TCEQ ID NUMBERS: 0047284 and RN101991966; LOCATION: 5465 Rendon, Everman, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.242(3)(A) and THSC, §382.085(b), by failing to maintain the Stage II vapor recovery system in proper operating condition; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to conduct annual pressure decay testing within the preceding 12-month period; 30 TAC §334.50(b)(1)(A) and (2)(A)(i)(III) and TWC, §26.3475(a), by failing to monitor underground storage tanks (USTs) for releases at a frequency of at least once every month and by failing to test a line leak detector at least once per year; and 30 TAC §334.75(b), by failing to contain and immediately clean up a spill or overfill of any petroleum substance from a UST or any petroleum product from an aboveground storage tank that is less than 25 gallons; PENALTY: $4,400; STAFF ATTORNEY: Diana Grawitch, Litigation Division, MC 175, (512) 239-0939; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(6) COMPANY: Professional Service Industries, Inc.; DOCKET NUMBER: 1994-0138-SWR-E; TCEQ ID NUMBER: 78776; LOCATION: 6913 Highway 225, Deer Park, Harris County, Texas; TYPE OF FACILITY: soil and water analyses laboratory; RULES VIOLATED: 30 TAC §335.6, by failing to notify the TCEQ of all solid waste activities, including the generation of waste streams, and waste management methods; 30 TAC §335.9, by failing to comply with recordkeeping requirements and annual reporting procedures; 30 TAC §335.63, by failing to obtain an EPA identification number to treat, store, or dispose of hazardous waste or to transport, or offer for transportation, hazardous waste; 30 TAC §335.69, by failing to meet the certain satellite accumulation area requirements, by failing to mark on each container the beginning date of the accumulation period, and by failing to clearly mark each container with the words "hazardous waste"; 30 TAC §335.431, by failing to determine the appropriate treatability groups for retained samples in its container storage areas and satellite accumulation areas, and for laboratory waste samples poured down the sinks into the wastewater system; 30 TAC §335.504, by failing to determine whether its retained samples, samples poured into its wastewater system, and sludge generated from the wastewater system were a hazardous waste; TWC, § 26.121, by discharging domestic wastewater mixed with municipal waste into a drain field; PENALTY: $23,240; STAFF ATTORNEY: Snehal Patel, Litigation Division, MC R-12, (713) 422- 8928; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, TX 77023- 1486, (713) 767-3500.

(7) COMPANY: Ricky's Enterprises, Inc., dba Tony's Express Market; DOCKET NUMBER: 2002-0830-PST-E; TCEQ ID NUMBER: 0040209; LOCATION: 4010 Synott, Houston, Harris County, Texas; TYPE OF FACILITY: convenience store; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases from the operation of petroleum USTs; 30 TAC §334.8(c)(4)(B) and TWC, §26.346(a), by failing to submit a UST registration and self-certification form to the TCEQ; 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available a valid, current TCEQ delivery certificate before delivery of a regulated substance into the UST system; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures at a retail facility regardless of which method of release detection is used; and 30 TAC §334.50(b)(1)(A), (2), and (2)(A)(i)(III) and TWC, §26.3475(c)(1) and 26.3475(a), by failing to monitor USTs for releases at a frequency of at least once per month, failing to equip the regular unleaded and super-unleaded pressurized piping with automatic leak detectors, failing to test the diesel fuel line leak detectors at least once per year for performance and operational reliability, and failing to monitor the piping for releases; PENALTY: $4,400; STAFF ATTORNEY: David Speaker, Litigation Division, MC 175, (512) 239-2548; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(8) COMPANY: Top Cut Tree Service, Inc.; DOCKET NUMBER: 2001-0405-AIR-E; TCEQ ID NUMBER: MQ-0308-P; LOCATION: 11980 Creek Gate, Conroe, Montgomery County, Texas; TYPE OF FACILITY: tree cutting business; RULES VIOLATED: 30 TAC §111.201 and THSC, §382.085(b), by conducting unauthorized outdoor burning; and 30 TAC §330.5, by conducting unauthorized disposal of municipal solid waste; PENALTY: $8,750; STAFF ATTORNEY: Gitanjali Yadav, Litigation Division, MC 175, (512) 239-2029; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-200402599

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 20, 2004

Notice of Opportunity to Participate in Permitting Matters

A person may request to be added to a mailing list for public notices processed through the Office of the Chief Clerk for air, water, and waste permitting activities at the TCEQ. You may request to be added to: (1) a permanent mailing list for a specific applicant name and permit number; and/or (2) a permanent mailing list for a specific county or counties.

Note that a request to be added to a mailing list for a specific county will result in notification of all permitting matters affecting that particular county.

To be added to a mailing list, send us your name and address, clearly specifying which mailing list(s) to which you wish to be added. Your written request should be sent to the TCEQ, Office of the Chief Clerk, Mail Code 105, P. O. Box 13087, Austin, TX 78711-3087.

Individual members of the public who wish to inquire about the information contained in this notice, or to inquire about other agency permit applications or permitting processes, should call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040.

TRD-200402498

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 15, 2004

Notice of Public Hearing - 30 TAC Chapter 334, Underground and Aboveground Storage Tanks

The Texas Commission on Environmental Quality will conduct a public hearing to receive testimony concerning revisions to 30 TAC Chapter 334, concerning Underground and Aboveground Storage Tanks, §§334.2, 334.5, 334.7 - 334.10, 334.12, 334.14, 334.46, 334.50, 334.55, 334.56, 334.302, 334.306 - 334.310, 334.313 - 334.315, 334.322, 334.530 - 334.535, and 334.560, under the requirements of Texas Health and Safety Code, §382.017 and Texas Government Code, Subchapter B, Chapter 2001.

The proposed rulemaking would revise the standard for the reimbursement of eligible cleanup expenses related to leaking petroleum storage tank sites. Accountability provisions are proposed to be added to the reimbursement rules and administrative changes are proposed to be consistent with Texas Register requirements and with other agency rules. In addition, the proposed rules would update and clarify existing rules regarding general provisions, technical standards, reimbursement, and overpayment.

A public hearing on this proposal will be held in Austin on May 25, 2004 at 10:00 a.m. at the Texas Commission on Environmental Quality in Building F, Room 2210, located at 12100 Park 35 Circle. The hearing will be structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. There will be no open discussion during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the Office of Environmental Policy, Analysis, and Assessment at (512) 239-4900. Requests should be made as far in advance as possible.

Comments may be submitted to Lola Brown, MC 205, Office of Environmental Policy, Analysis, and Assessment, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or by fax to (512) 239-4808. All comments should reference Rule Project Number 2002-071-334-WS. Comments must be received by 5:00 p.m., June 1, 2004. For further information, please contact Michael Bame, Policy and Regulations Division, (512) 239-5658.

TRD-200402526

Paul Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 16, 2004

Notice of Water Rights Application

Notices mailed April 7, 2004 through April 12, 2004.

PROPOSED PERMIT NO. TP-5836; The City of Dallas, 1500 Marilla Street, Room 4AN, Dallas, Texas 75201, Applicant, seeks a Temporary Water Use Permit, pursuant to 11.138, Texas Water Code (TWC), and Texas Commission on Environmental Quality Rules 30 TAC 295.1, et seq. The City of Dallas seeks a temporary permit to authorize the overdraft and use of up to a maximum of 100,000 acre-feet of water per year for a three (3) year period from Lake Ray Hubbard on the East Fork Trinity River, tributary of the Trinity River, Trinity River Basin for Municipal purposes. This will be water in excess of the 89,700 acre-feet of water per annum currently authorized for diversion and use from Lake Hubbard pursuant to Certificate of Adjudication No. 08-2462. Major pipeline breaks have occurred in the 15.2-mile transfer lines from Lake Tawakoni Pump Station to the East Side Water Treatment Plant, and the requested Temporary Permit is to avert a water supply emergency and to allow the City sufficient time to make the necessary repairs. The diversion point of the water will be at the reservoir crossing with Highway 80 approximately 22 miles east of the City of Dallas and 3 miles SE of the City of Garland. The maximum diversion rate will be 619 cfs (277,807 gpm). There are 224 water rights owners with diversion points downstream of Lake Ray Hubbard. Owners of these water rights are being provided a copy of this notice to make them aware of the City of Dallas' request. A copy of this notice is also being provided to the TCEQ Regional Office in the Dallas/Fort Worth area. The application was received by the TCEQ on March 5, 2004. The application was declared administratively complete and accepted for filing on April 1, 2004. 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, by May 3, 2004.

APPLICATION NO. 5834; TXU Mining Company LP, 1601 Bryan Street, Dallas, Texas 75201-3411, applicant, seeks a Water Use Permit pursuant to Texas Water Code 11.121 and Texas Commission on Environmental Quality Rules 30 TAC 295.1, et seq. Applicant seeks authorization to divert and use not to exceed 680 acre-feet of water per year within the Dry Creek watershed in Rusk County, Texas for lignite surface mining purposes. The Dry Creek watershed includes two unnamed tributaries of Dry Creek, Prospect Branch, Wright Branch, Wasson Branch, and unnamed tributaries of Wasson Branch, all tributaries of Dry Creek, tributary of Martin Creek (Martin Lake), tributary of the Sabine River, Sabine River Basin. The water will be taken from multiple diversion points within the watershed within the boundary of the lignite mine property upstream of seven proposed diversion points. Diversion rate will not exceed a cumulative total of 6,000 gpm (13.4 cfs). All water will be diverted from, and used within, the Dry Creek portion of the Oak Hill Lignite Mining Area. The water will be used for dust suppression and other mining-related activities. The proposed diversion points are located in the Alfred G. Walling Survey, Abstract A-811 in Rusk County as follows: (1) DP-1 Latitude 32.214 N, Longitude 94.717 W; (2) DP-2 Latitude 32.218 N, Longitude 94.712 W; (3) DP-3 Latitude 32.229 N, Longitude 94.688 W; (4) DP-4 Latitude 32.236 N, Longitude 94.669 W; (5) DP-5 Latitude 32.256 N, Longitude 94.677 W; (6) DP-6 Latitude 32.261 N, Longitude 94.677 W; and (7) DP-7 Latitude 32.264 N, Longitude 94.677 W. Approximately 3,700 acre-feet of ground water per year will be obtained from de-watering activities within the watershed during mining operations. This water is pumped to a sedimentation pond and released to the streams within the mine area. Ownership of the mining rights in TXU Mining Company LP's Oak Hill LMA is held under multiple mining leases as evidenced by warranty deeds and leases filed in the application filed with the Texas Railroad commission and in the Deed Records of Rusk County, Texas. The application was received on February 7, 2004, and additional information was received on March 4, 2004. The application and additional data were reviewed by staff of the Executive Director and found to be sufficient for processing. The application was declared administratively complete and filed with the Chief Clerk of the Texas Commission on Environmental Quality on March 10, 2004. 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.

APPLICATION NO. 5829; Oiltanking Beaumont, L.P., P.O. Box 96290, Beaumont, Texas 77015, Applicant, seeks a Water Use Permit pursuant to Texas Water Code (TWC) 11.121, and Texas Commission on Environmental Quality Rules 30 TAC 295.1, et seq. Applicant seeks authorization to divert and use not to exceed 100 acre-feet of water per annum at a maximum diversion rate of 11.14 cfs (5,000 gpm) from the Neches River, Neches River Basin, Jefferson County, for industrial (emergency fire suppression and instrument testing) purposes. The diversion point will be located on the west bank of the Neches River, at Latitude 30.03 N and Longitude 94.03 W, approximately 5.2 miles southeast of Beaumont, Jefferson County, Texas. Water which is diverted but not consumed (approximately 100 acre-feet per year) will be returned to a point on the Neches River located at Latitude 30.03 N and Longitude 94.04 W, also described as bearing 180 S, 605 feet from the northeast corner of the Pelham Humphries Original Survey Vol. 22, Abstract No. 307, in Jefferson County, Texas. The application and fees were received on January 15, 2004, and additional information was received on March 1, 2004. The Executive Director reviewed the application and determined it to be administratively complete and filed with the Chief Clerk's Office on March 15, 2004. 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-200402497

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 15, 2004

Proposal for Decision

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on April 13, 2004, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Mike Khader dba Phillips 66; SOAH Docket No. 582-04-1398; TCEQ Docket No. 2002-1241-PST-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Mike Khader dba Phillips 66 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 Paul Munguia, Office of the Chief Clerk, (512) 239-3300.

TRD-200402499

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 15, 2004

General Land Office

Notice to Extend Comment Period

The General Land Office (GLO) hereby publishes notice of the extension of the period of time to submit comments regarding the proposed amendment of 31 TAC §15.36 relating to Certification Status of City of Galveston Dune Protection and Beach Access Plan (Plan). The proposed amendment to §15.36 was published in the March 19, 2004 issue of the Texas Register (29 TexReg 2849). The GLO proposes an amendment to §15.36 which documents the status of the certification of the Dune Protection and Beach Access Plan for the City of Galveston (City) adopted on August 12, 1993 and amended on February 9, 1995, June 19, 1997, February 14, 2002, March 13, 2003, January 29, 2004, and February 26, 2004. The GLO proposes to amend §15.36(a) to change the status of the Plan as amended from "conditionally certified" to "certified as consistent with state law." The amendment also deletes §15.36(c) and (d) as those subsections pertain to amendments to the plan that are incorporated in subsection (a) as amended.

Please be advised that the email address included in the original publication was incorrect. If you previously submitted comments via email, those comments must be resubmitted to the correct email address, or via regular mail or facsimile submission.

Written comments may be submitted to Ms. Deborah Cantu, Texas Register Liaison, Texas General Land Office, Legal Services Division, P.O. Box 12873, Austin, TX 78711-2873; facsimile number (512) 463-6311; email address deborah.cantu@glo.state.tx.us. Comments must be received no later than 5:00 p.m. Friday, May 7, 2004. Copies of the local government dune protection and beach access plans and any amendments to those Plans are available from the local government and from the General Land Office's Archives Division, Texas General Land Office, P.O. Box 12873, Austin, TX 78711-2873, phone number (512) 463-5277.

TRD-200402674

Larry L. Laine

Chief Clerk, Deputy Land Commissioner

General Land Office

Filed: April 21, 2004

Office of the Governor

Request for Applications (RFA) for the Juvenile Justice and Delinquency Prevention (JJDP) Act Fund - Part E Challenge Grants Program

The Criminal Justice Division (CJD) of the Governor's Office is soliciting applications for local and statewide projects under the fiscal year 2005 grant cycle for the JJDP Act Fund - Part E Challenge Grants Program.

Purpose: The purpose of the Challenge Program is to develop programs that address the need to increase aftercare services for juveniles involved in the juvenile justice system and to develop and adopt policies to prohibit gender bias in placement and treatment, and to establish programs to ensure that female youth have full access to social services.

Available Funding: Federal funding is authorized under Title II, Part E of the Juvenile Justice and Delinquency Prevention Act of 1974, § 221-223, Public Law 93-415 as amended, codified as amended at 42 U.S.C 5667c et seq. All grants awarded from this fund must comply with the requirements contained therein. In addition to the rules related to this funding source, applicants and grantees must comply with the federal regulations at 28 C.F.R. §31, which is hereby adopted by reference. Grant funds are made available to states to address one of the ten Challenge Activities specified in the JJDP Act. Approximately $320,000 will be made available for local and statewide projects. Applicants may select to address one activity or combine both activities while giving emphasis on activity I.

Required Match: None.

Standards: Grantees must comply with grant management standards adopted under the Texas Administrative Code (TAC), § 3.19, which are hereby adopted by reference.

Prohibitions: Grant funds may not be used for the following activities:

(1) medical services;

(2) fund raising activities;

(3) lobbying activities;

(4) purchasing of weapons, ammunition, explosives, or military vehicles;

(5) admission fees to any amusement park, recreational activities or sporting events or promotional gifts;

(6) government officials salary;

(7) vehicle purchases for government agencies for government agency use;

(8) overtime;

(9) transportation, (lodging, per diem, or any related costs for participants when grant funds are use to develop and conduct trainings);

(10) food, meals, beverages, or other refreshments unless the expense is for a working event where participation by participants mandates the provision of food and beverages and that event is not related to amusement and/or social activities in any way; and

(11) membership dues for individuals, any expense or service that is readily available at not cost to the grant project or that is provided by other federal, state or local funds.

Eligible Applicants:

(1) State agencies;

(2) Nonprofit corporations;

(3) Local units of government;

(4) Faith-based organizations;

(5) Crime control and prevention districts;

(6) Native American tribal governments;

(7) Councils of government;

(8) Universities;

(9) Colleges;

(10) Independent school districts; and

(11) Juvenile boards.

Requirements: Projects must address at least one Challenge Activity or combine both activities while giving emphasis to Activity I. Gender Bias (Activity E) - Adopting policies to prohibit gender bias in placement and treatment and establishing programs to ensure that female youth have access to the full range of health and mental health services, treatment for physical or sexual assault and abuse, self defense instruction, education in parenting, education in general and other training and vocational services. Aftercare Services (Activity I) - Increasing aftercare services for juveniles involved in the justice system by establishing programs and developing and adopting policies to provide comprehensive health, mental health, education, and vocational services and services that preserve and strengthen the families of such juveniles.

Project Period: Grand-funded projects must begin on or after September 1, 2004, and will expire on or before August 31, 2005.

Application Process: Eligible applicants can download an application kit from the Office of the Governor's web site address located at http://www.governor.state.tx.us.

Preferences: Preference will be given to those applicants demonstrating a need using verifiable data; establishing an overall goal; implementing research-based or promising approaches/activities, and establishing appropriate and obtainable outcome measures through an evaluation plan; and demonstrating a collaborative effort to addressing the Challenge activities. Priority will be given to applications that encompass both activities while giving greater emphasis to Activity I.

Closing Date for Receipt of Applications: All applications must be submitted electronically directly to the Office of the Governor, Criminal Justice Division, via e-mail at: cjdapps@governor.state.tx.us on or before June 1, 2004. Applicants must also submit the Grant Application Certification Form signed by the Authorized Official via facsimile at (512) 475-2440 to the Office of the Governor, Criminal Justice Division on or before June 1, 2004.

Selection Process: Applications are reviewed by CJD for eligibility. A Determine Eligibility Form is included with the application kit and must be completed in its entirety in order to be considered for funding.

Contact Person: If additional information is needed, contact Sanzanna Lolis at slolis@governor.state.tx.us or at (512) 463-1919.

TRD-200402659

David Zimmerman

Assistant General Counsel

Office of the Governor

Filed: April 21, 2004

Texas Department of Health

Designation of First Link Pediatric Clinic as a Site Serving Medically Underserved Populations

The Texas Department of Health (department) is required under the Occupations Code, §157.052, to designate sites serving medically underserved populations. In addition, the department is required to publish notice of such designations in the Texas Register and to provide an opportunity for public comment on the designations.

Accordingly, the department has designated the following as a site serving medically underserved populations: First Link Pediatric Clinic, 201 Amanda Lane, Suite 200, Waxahachie, Texas 75165. The designation is based on eligibility as a site serving a disproportionate number of clients eligible for federal, state or locally funded health care programs.

Since your clinic is not yet in operation, you must send an update letter to our office between 90 and 120 days of opening the clinic. Please notify us when the clinic opens. The letter must provide actual patient data for the first 90 days that your clinic was in operation. This letter must be sent to us in order for your clinic to remain on the designation list.

Oral and written comments on this designation may be directed to Brian King, Program Specialist, Health Professions Resource Center, Center for Health Statistics, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, telephone (512) 458-7261. Comments will be accepted for 30 days from the publication date of this notice.

TRD-200402600

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 20, 2004

Licensing Actions for Radioactive Materials

TRD-200402601

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 20, 2004

Texas Health and Human Services Commission

Public Notice Statement

The Texas Health and Human Services Commission announces its intent to submit Transmittal Number 04-10, Amendment Number 665, to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. This Amendment provides for supplemental payments for services provided by physicians and dentists who are members of practice plans affiliated with a state academic health system. The purpose of the supplemental payments is to recognize the unique role these providers play in the Texas healthcare delivery system for the Medicaid population.

The effective date of the amendment is May 1, 2004 and is expected to increase the amount of federal matching funds to the state. The proposed amendment is estimated to result in increased aggregate expenditures of $1,958,380 with increased federal matching funds of $1,179,337 for state fiscal year 2004 and increased aggregate expenditures of $4,700,113 with increased federal matching funds of $2,830,408 for state fiscal year 2005.

To obtain copies of the proposed amendment, interested parties may contact Winnie Rutledge, Senior Policy Analyst, by mail at Texas Health and Human Services Commission, 1100 West 49th Street, H-600, Austin, Texas 78756-3199, or by telephone at (512) 491-1320. Copies of the proposal will also be made available for public review at local offices of the Texas Department of Human Services.

TRD-200402679

Steve Aragón

General Counsel

Texas Health and Human Services Commission

Filed: April 21, 2004

Texas Department of Housing and Community Affairs

Multifamily Housing Revenue Bonds (Post Oak East Apartments) Series 2004

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Issuer") at Oakwood Terrace Elementary School, 700 Ranger Road, Euless, Texas 76041, at 6:30 p.m. on May 18, 2004 with respect to an issue of tax-exempt multifamily residential rental development revenue bonds in an aggregate principal amount not to exceed $13,000,000 and taxable bonds, if necessary, in an amount to be determined, to be issued in one or more series (the "Bonds"), by the Issuer. The proceeds of the Bonds will be loaned to Post Oak East Apartments, L.P., a limited partnership, or a related person or affiliate thereof (the "Borrower") to finance a portion of the costs of acquiring, constructing and equipping a multifamily housing development (the "Development") described as follows: a 246-unit multifamily residential rental development to be located south of Trinity Boulevard West, west of Hwy 360, and approximately 250 yards south of the intersection of Trinity Boulevard West and Post Oak Boulevard at the southeastern corner of Post Oak Boulevard and Village Way, Fort Worth, Tarrant County, Texas 76040. The Development initially will be owned by the Borrower.

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

Persons who intend to appear at the hearing and express their views are invited to contact Robbye Meyer in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to Robbye Meyer prior to the date scheduled for the hearing. Individuals who require a language interpreter for the hearing should contact Robbye Meyer at least three days prior to the hearing date.

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

TRD-200402597

Edwina P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: April 20, 2004

Texas Department of Insurance

Company Licensing

Application to change the name of FIRST PYRAMID LIFE INSURANCE COMPANY OF AMERICA to IMERICA LIFE AND HEALTH INSURANCE COMPANY a foreign fire and/or casualty company. The home office is in Tampa, Florida.

Application for incorporation to the State of Texas by OHIO INDEMNITY COMPANY a foreign fire and/or casualty company. The home office is in Columbus, Ohio.

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-200402673

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: April 21, 2004

Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Encompass Home and Auto 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 the following flex percent of +75% by coverage and territory for all classes. The overall rate change is 0%.

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

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101 §3(h), is made with the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by May 12, 2004.

TRD-200402518

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: April 16, 2004

Third Party Administrator Applications

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

Application for admission to Texas of ACTUARIAL MANAGEMENT RESOURCES, INC., a foreign third party administrator. The home office is WINSTON-SALEM, NORTH CAROLINA.

Application for incorporation in Texas of MARCOS M. HERNANDEZ (using the assumed name of MARNELL & ASSOCIATES., a domestic third party administrator. The home office is EL PASO, TEXAS.

Application for incorporation in Texas of FBS ADMINISTRATORS, LLC, a domestic third party administrator. The home office is RICHARDSON, TEXAS.

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

TRD-200402647

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: April 20, 2004

Texas Lottery Commission

Instant Game No. 449 "12th Anniversary Million"

1.0 Name and Style of Game.

A. The name of Instant Game No. 449 is "12th ANNIVERSARY MILLION". The play style in Game 1 is "add up". The play style in Game 2 is "yours beat theirs". The play style in Game 3 is "key number match with auto win"

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 449 shall be $20.00 per ticket.

1.2 Definitions in Instant Game No. 449.

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, $4.00, $5.00, $8.00, $10.00, $20.00, $40.00, $80.00, $100, $200, $400, $1,000, $10,000, $ONE MILL, and FAVOR SYMBOL.

D. Play Symbol Caption- the printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and 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. 449 - 1.2D

E. Retailer Validation Code - Three 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. 449 - 1.2E

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

F. Serial Number - A unique 13-digit number appearing under the latex scratch-off covering on the front of the ticket. There is a four (4) digit security number 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 $20.00.

H. Mid-Tier Prize - A prize of $40.00, $80.00, $100, $200, $400.

I. High-Tier Prize- $1,000, $10,000, $1,000,000.

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 (449), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 000 and end with 074 within each pack. The format will be: 449-0000001-000.

L. Pack - A pack of "12th ANNIVERSARY MILLION" Instant Game tickets contains 75 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate from pack to pack. Fanfold A: ticket front 000 will be the top ticket and 074 back will be on the last page. Fanfold B: ticket back 000 will be on the top and ticket front 074 will be on the last page.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "12th ANNIVERSARY MILLION" Instant Game No. 449 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 "12th ANNIVERSARY MILLION" Instant Game is determined once the latex on the ticket is scratched off to expose 60 (sixty) play symbols. In Game 1, if the total of YOUR NUMBERS equals "7" or "11" within a game, win prize shown for that game. In Game 2, if YOUR NUMBER is higher than THEIR NUMBER within a game, win prize shown for that game. In Game 3, if any of YOUR NUMBERS matches any of the WINNING NUMBERS, win prize shown for that number. Get a "party favor" symbol, win $20 automatically.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 60 (sixty) 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 60 (sixty) 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 60 (sixty) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 60 (sixty) 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. All prize symbols may appear randomly throughout the locations on non-winning tickets.

C. Game 1: No duplicate non-winning games.

D. Game 1: No duplicate non-winning prize symbols.

E. Game 2: No ties between Yours and Theirs in a game.

F. Game 2: No duplicate non-winning prize symbols.

G. Game 3: No duplicate Winning Numbers play symbols.

H. Game 3: Non-winning prize symbols will never be the same as the winning prize symbol(s).

I. Game 3: Winning Numbers play symbols will be approximately evenly used as the basis for a match.

J. Game 3: No duplicate non-winning Your Numbers on a ticket.

K. Game 3: No prize amount in a non-winning spot will correspond with the Your Number play symbol (i.e., 5 and $5).

L. Game 3: The "party favor" symbol will only appear once on a ticket and will always appear with the $20 prize symbol.

M. Game 3: No more than 2 pairs of non-winning prize symbols on a ticket.

2.3 Procedure for Claiming Prizes.

A. To claim a "12th ANNIVERSARY MILLION" Instant Game prize of $20.00, $40.00, $80.00, $100, $200, or $400, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a, $40.00, $80.00, $100, $200, or $400 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 "12th ANNIVERSARY MILLION" Instant Game prize of $1,000, $10,000 or $1,000,000, 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 "12th ANNIVERSARY MILLION" 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 Resources 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 "12th ANNIVERSARY MILLION" 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 "12th ANNIVERSARY MILLION" 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 or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 466.408. 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.

2.8 Disclaimer. The number of actual prizes in a game may vary based on sales, distribution, testing, and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.

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, 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, 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. 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 4,080,000 tickets in the Instant Game No. 449. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 449 - 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. 449 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. 449, 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-200402646

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: April 20, 2004

Manufactured Housing Division

Notice of Administrative Hearing

Tuesday, June 1, 2004, 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 Gilbardo Dominguez to hear alleged violations of Section 1201.551(a)(7) of the Act by providing false information on an application, report, or other document filed with the Department. SOAH 332-04-4759. Department MHD2004000768-I.

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

TRD-200402603

Timothy K. Irvine

Executive Director

Manufactured Housing Division

Filed: April 20, 2004

North Central Texas Council of Governments

Request for Proposals

This request by the North Central Texas Council of Governments (NCTCOG) for consultant services is filed under the provision of Government Code, Chapter 2254.

Through its regional solid waste management program, NCTCOG intends to seek professional consulting services for two different studies to assist with implementation of the SEE Less Trash Regional Solid Waste Management Plan :

* Disaster Debris Management Study for North Central Texas

* Promotion of Construction & Demolition (C&D) Waste Reduction, Reuse, and Recycling Project

Contract Award Procedures: Each project will have an oversight subcommittee that will recommend the firm selected to perform each study. These oversight subcommittees will use evaluation criteria and methodology consistent with the scope of services contained in the RFP. The NCTCOG Executive Board will review the recommendations made by these subcommittees, and if found acceptable, will issue contract awards.

A consultant briefing will be held on Wednesday, May 12, 2004, at 1:30 p.m., in the NCTCOG offices. Copies of the Requests for Proposals will be available at the NCTCOG Web site: http://www.dfwinfo.com/envir.

Closing Date: Proposals must be submitted no later than close of business on Tuesday, June 1, 2004, to the North Central Texas Council of Governments, Department of Environment and Development, 616 Six Flags Drive, Suite 200, Arlington, Texas 76011, or P. O. Box 5888, Arlington, Texas 76005-5888. Questions may be directed to Kathleen Graham, NCTCOG Senior Environmental Planner, 817/695-9217 or kgraham@nctcog.org.

TRD-200402658

R. Michael Eastland

Executive Director

North Central Texas Council of Governments

Filed: April 21, 2004

Panhandle Regional Planning Commission

Legal Notice for Solicitation for Bids

The Panhandle Regional Planning Commission (PRPC) is soliciting bids for a contract to purchase MS Windows 2003 Terminal server hardware, software and related equipment according to the following specifications:

Quantity (1): 1400 VA rack-mount UPS, 8-port Keyboard-Video-Mouse switch.

Quantity (2): 1U+ rack-mount form factor, dual XEON 3.0+ GHZ processors, 2GB+ system memory, 140GB+ (10K+ RPM) SCSI RAID-5 array, 1GB Network Interface Card, redundant power supply, 1.44MB Diskette drive, standard CD-ROM drive, Windows Server 2003 Enterprise Edition operating system, 3+ years warranty with next-day parts.

Quantity (40): MS Office Pro 2003 CALs, Windows 2003 Server CALs.

Bid specifications may be obtained Monday through Friday, 8:00 a.m. to 5:00 p.m., at 415 West Eighth Ave., Amarillo, Texas 79101. For further information, please contact Mark Dubina, IT Manager, at (806) 372-3381 or mdubina@prpc.cog.tx.us.

Bids must be submitted to the Panhandle Regional Planning Commission no later than 5:00 p.m., May 14, 2004. Bids received after the indicated date and time will not be accepted or considered for award. PRPC reserves the right to reject any and all bids, to waive any irregularities in any bids or in the bidding process, and may accept the bid or bids deemed to be in its best interest.

TRD-200402660

Leslie Hardin

Facilities Coordinator

Panhandle Regional Planning Commission

Filed: April 21, 2004

Public Utility Commission of Texas

Notice of Application for Amendment to Service Provider Certificate of Operating Authority

On April 12, 2004, Phone-Link, Inc. filed an application with the Public Utility Commission of Texas (Commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60510. Applicant intends to remove the resale-only restriction.

The Application: Application of Phone-Link, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 29578.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than May 5, 2004. Hearing and speech- impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 29578.

TRD-200402607

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 20, 2004

Notice of Application for Reconciliation of Fuel Costs

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application filed on March 31, 2004, to reconcile fuel costs.

Docket Style and Number: Application of Mutual Energy SWEPCO for Authority to Reconcile Fuel Costs. Docket Number 29532.

The Application: Mutual Energy-SWEPCO files its first petition for fuel reconciliation under the methodology approved in Docket Number 25314 for the 2002 through 2003 period, requesting that the commission expeditiously approve its proposed notice, approve its proposed fuel reconciliation as filed, and approve a surcharge of the under-recovered amount over a twelve month period.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735- 2989. All comments should reference Docket Number 29532.

TRD-200402606

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 20, 2004

Notice of Petition for Suspension of Retail Electric Provider Certification

Notice is given to the public of the filing with the Public Utility Commission of Texas of a petition on April 12, 2004, to suspend retail electric provider (REP) certification, pursuant to §§39.101- 39.109 of the Public Utility Regulatory Act (PURA). A summary of the petition follows.

Docket Title and Number: Petition of XERS Inc. for Suspension of its Retail Electric Provider (REP) Certification, Docket Number 29580 before the Public Utility Commission of Texas.

Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than May 7, 2004. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 29580.

TRD-200402605

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 20, 2004

The University of Texas System

Request for Information (FCC Matters)

The University of Texas System (U. T. System) requests information from law firms interested in representing U. T. System and its component institutions in communications law matters involving the Federal Communications Commission (FCC). This RFI is issued to establish (for the time frame beginning September 1, 2004 to August 31, 2005) a referral list from which U. T. System, by and through its Office of General Counsel, will select appropriate counsel for representation on specific communications law matters as the need arises.

Description . The U. T. System, with offices in Austin, Texas, is composed of six health institutions and nine academic institutions located in eleven cities in Texas. Distance learning, radio, television and journalism curriculum, research activities and other educational pursuits at each institution result in the need for various licenses and permits to be obtained from the FCC in order to operate noncommercial FM radio stations and low power UHF educational channels; construct various antenna and satellite dish structures; and to expand and enhance current telecommunications networks involving distance learning via a virtual campus program linking the component institutions and other telecommunications links with institutions of higher education in the United States and Mexico. Subject to approval by the Texas Attorney General, the U. T. System may engage outside counsel to prepare, file, prosecute, maintain and renew various permits, licenses and license applications with the FCC. U. T. System invites responses to this RFI from qualified firms for the provision of such legal services under the direction and supervision of the U. T. System's Office of General Counsel.

Responses . Responses to this RFI should include at least the following information: (1) a description of the firm's or attorney's qualifications for performing the legal services, including the firm's prior experience in communications law, noncommercial broadcast issues, first amendment and broadcast journalism legal issues, the names, experience, and scientific or technical expertise of the attorneys who may be assigned to work on such matters, and appropriate information regarding efforts made by the firm to encourage and develop the participation of minorities and women in the provision both of the firm's legal services generally and communications matters in particular; (2) the submission of fee information (either in the form of hourly rates for each attorney who may be assigned to perform services in relation to U. T. System's communications law matters, flat fees, or other fee arrangements directly related to the achievement of specific goals and cost controls) and billable expenses; (3) disclosures of conflicts of interest (identifying each and every matter in which the firm has, within the past calendar year, represented any entity or individual with an interest adverse to the U. T. System or to the State of Texas, or any of its boards, agencies, commissions, universities, or elected or appointed officials); and (4) confirmation of willingness to comply with policies, directives and guidelines of the U. T. System and the Attorney General of the State of Texas.

Format and Person to Contact . Responses should be sent by mail, facsimile, or delivered in person, marked "Response to Request for Information- FCC Matters," and addressed to Cullen M. Godfrey, Vice Chancellor and General Counsel, Office of General Counsel, The University of Texas System, 201 West 7th Street, Austin, Texas 78701; (bpage@utsystem.edu; fax: 512/499-4523; telephone 512/499-4462 for questions). Electronic mail is preferred. If responding in writing, two copies of the response are requested. The response should be typed, preferably double spaced, on 8 1/2 x 11 inch paper with all pages sequentially numbered, and either stapled or bound together.

Deadline for Submission of Response. All responses must be received by the Office of General Counsel of U. T. System at the address set forth above no later than 5:00 p.m., Friday, May 28, 2004.

TRD-200402684

Francie A. Frederick

Counsel and Secretary to the Board

The University of Texas System

Filed: April 21, 2004

Request for Information (Federal Tax Matters)

The University of Texas System (U. T. System) requests information from law firms interested in representing U. T. System and its component institutions in certain federal tax matters. This RFI is issued for the purpose of establishing (for the time frame beginning September 1, 2004 to August 31, 2005) a referral list from which U. T. System, by and through its Office of General Counsel, will select appropriate counsel for representation on specific federal tax matters as the need arises.

Description . The U. T. System comprises six health component universities and nine academic component universities 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 Regulations of the Internal Revenue Service. Subject to approval by the Texas Attorney General, U. T. System will engage outside legal counsel to provide legal counsel and advice to the U. T. System on matters pertaining to state taxes and to federal income, estate, gift, employment, and excise taxes. This legal counsel and advice will include, but not be limited to, the following: matters regarding taxation of any kind, representation in tax audits, appeals of tax issues, tax hearings before administrative law judges and magistrates, appeals to IRS appeals officers, district court, U.S. Tax Court, U.S. District Court, the U.S. Court of Claims and other venues on tax matters. Tax counsel will also advise regarding employee benefits such as I.R.C. Section 125 cafeteria plans, the Texas Optional Retirement Program, I.R.C. Section 403(b), Section 415(m) and Section 457(a), Section 457(b) and (f) plans. Income tax matters will also include unrelated business income tax as it relates to universities; and federal tax matters regarding compensation issues related to university hospitals and physicians. Although the law firm will not be required to prepare the System tax return, it will be required to give legal advice on issues relating to the filing of tax returns and the appropriate treatment of tax matters on such returns. This legal counsel will include interaction with and representation before the Internal Revenue Service and other taxing authorities in any tax controversy. The legal counsel will also advise and represent the System in matters relating to tax liens, tax garnishments, tax levies, tax assessments, tax valuations, as well as summonses, subpoenas, and discovery relating to tax matters. The law firm should be admitted to practice before Texas district courts, the United States Tax Court, United States District Court and the U.S. Court of Claims.

U. T. System invites responses to this RFI from qualified firms for the provision of such legal services under the direction and supervision of U. T. System's Office of General Counsel.

Responses . Responses to this RFI should include at least the following information: (1) a description of the firm's or attorney's qualifications for performing the legal services, including the firm's prior experience in federal tax-related matters including experience handling state pension issues and plans available only to universities, 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, and appropriate information regarding efforts made by the firm to encourage and develop the participation of minorities and women in the provision of legal services; (2) the submission of fee information (either in the form of hourly rates for each attorney who may be assigned to perform services in relation to U. T. System's federal tax matters, comprehensive flat fees, or other fee arrangements directly related to the achievement of specific goals and cost controls) and billable expenses; (3) 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; (4) disclosures of conflicts of interest (identifying each and every matter in which the firm has, within the past calendar year, represented any entity or individual with an interest adverse to the U. T. System or to the State of Texas, or any of its boards, agencies, commissions, universities, or elected or appointed officials); and (5) confirmation of willingness to comply with policies, directives and guidelines of the U. T. System and the Attorney General of the State of Texas.

Format and Person to Contact . Responses should be sent by mail, facsimile, electronic mail, or delivered in person, marked "Response to Request for Information- Federal Tax Matters" and addressed to Cecilia Gonzalez, Office of General Counsel, The University of Texas System, 201 West 7th Street, Austin, Texas 78701;(cgonzalez@utsystem.edu; fax: 512/499-4523; telephone 512/499-4462 for questions). Electronic mail is preferred. If responding by mail, two copies of the response are requested. The response should be typed, preferably double spaced, on 8 1/2 x 11 inch paper with all pages sequentially numbered, and either stapled or bound together.

Deadline for Submission of Response. All responses must be received by the Office of General Counsel of U. T. System at the address set forth above not later than 5:00 p.m., Friday, May 28, 2004.

TRD-200402683

Francie A. Frederick

Counsel and Secretary to the Board

The University of Texas System

Filed: April 21, 2004

Request for Information (Health Law and Contracting)

The University of Texas System (U. T. System) requests information from law firms interested in representing U. T. System and its health component institutions regarding Medicare/Medicaid/Managed Health Care questions, third party reimbursement matters and appeal of adverse Medicare reimbursement decisions and complex contracting issues related to affiliation agreements with health care delivery networks, including contracts with private and public entities. This RFI is issued for the purpose of establishing (for the time frame beginning September 1, 2004 to August 31, 2005) a health care panel from which U. T. System, by and through its Office of General Counsel, will select appropriate counsel for representation and advice on legal issues raised by complex contracting issues, complex managed care arrangements and third party reimbursement matters, including certified nonprofit health corporations, fraud and abuse issues, and antitrust concerns.

Description . The U. T. System operates six health institutions located in Houston, Dallas, Galveston, San Antonio and Tyler, Texas. University physician and hospital services are provided through a broad range of contractual arrangements with Health Maintenance Organizations, Preferred Provider Organizations, Medicare, Medicaid, private health insurance carriers, as well as directly with employers. These managed care arrangements may be impacted by state and federal laws and regulations governing insurance, third party reimbursement, antitrust matters, and fraud and abuse issues. Subject to approval by the Texas Attorney General, U. T. System will engage outside counsel with experience in establishing certified nonprofit health corporations and other complex managed care contracting arrangements. In addition, outside counsel must have a working knowledge of state and federal laws and regulations governing safe harbors, antitrust matters, health privacy and security standards, Medicare and Medicaid regulations, and appeals of adverse determinations by third party payor intermediaries.

U. T. System invites responses to this RFI from qualified firms for the provision of such legal services under the direction and supervision of U. T. System's Office of General Counsel.

Responses . Responses to the RFI should include at least the following information: (1) a description of the firm's or attorney's qualifications for performing the legal services, including the firm's prior experience in complex health delivery and reimbursement matters, the names, experience, and expertise of the attorneys who may be assigned to work on such matters, the availability of the lead attorney and others assigned to the project, and appropriate information regarding efforts made by the firm to encourage and develop the participation of minorities and women in the provision of legal services; (2) the submission of fee information (either in the form of hourly rates for each attorney who may be assigned to perform services in relation to U. T. System's complex health delivery and reimbursement matters, comprehensive flat fees, or other fee arrangements directly related to the achievement of specific goals and cost controls) and billable expenses; (3) 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; (4) disclosures of conflicts of interest (identifying each and every matter in which the firm has, within the past calendar year, represented any entity or individual with an interest adverse to the U. T. System or to the State of Texas, or any of its boards, agencies, commissions, universities, or elected or appointed officials); and (5) confirmation of willingness to comply with policies, directives and guidelines of the U. T. System and the Attorney General of the State of Texas.

Format and Person to Contact . Responses should be sent by mail, facsimile, electronic mail, or delivered in person, marked "Response to Request for Information-Health Law and Contracting" and addressed to Melodie Krane, Office of General Counsel, The University of Texas System, 201 West 7th Street, Austin, Texas 78701;(mkrane@utsystem.edu; fax: 512/499-4523; telephone 512/499-4462 for questions.) Electronic mail is preferred. If responding in writing, two copies of the response are requested. The response should be typed, preferably double spaced, on 8 1/2 x 11 inch paper with all pages sequentially numbered, and either stapled or bound together.

Deadline for Submission of Response. All responses must be received by the Office of General Counsel of U. T. System at the address set forth above no later than 5:00 p.m., Friday, May 28, 2004.

TRD-200402682

Francie A. Frederick

Counsel and Secretary to the Board

The University of Texas System

Filed: April 21, 2004

Request for Information (Intellectual Property Matters)

The University of Texas System (U. T. System) requests information from law firms interested in representing U. T. System and its component institutions in intellectual property matters. This RFI is issued to establish (for the time frame beginning September 1, 2004 to August 31, 2005) a referral list from which U. T. System, by and through its Office of General Counsel, will select appropriate counsel for representation on specific intellectual property matters as the need arises.

Description. The U. T. System comprises six health institutions and nine academic institutions located in eleven cities in Texas. Research activities and other educational pursuits at each institution produce intellectual property that is carefully evaluated for protection and licensing to commercial entities. Subject to approval by the Texas Attorney General, U. T. System will engage outside counsel to prepare, file, prosecute, and maintain patent applications in the United States and other countries; secure copyright protection for computer software; and to prepare, file and prosecute applications to register trademarks and service marks in the United States and other countries. U. T. System also will engage outside counsel from time to time to pursue litigation against infringers of these intellectual property rights and to handle other related matters. U. T. System invites responses to this RFI from qualified firms for the provision of such legal services under the direction and supervision of U. T. System's Office of General Counsel.

Responses. Responses to this RFI should include at least the following information: (1) a description of the firm's or attorney's qualifications for performing the legal services, including the firm's prior experience in intellectual property-related matters, the names, experience, and scientific or technical expertise of the attorneys who may be assigned to work on such matters, and appropriate information regarding efforts made by the firm to encourage and develop the participation of minorities and women in the provision both of the firm's legal services generally and intellectual property matters in particular; (2) the submission of fee information (either in the form of hourly rates for each attorney who may be assigned to perform services in relation to U. T. System's intellectual property matters, flat fees, or other fee arrangements directly related to the achievement of specific goals and cost controls) and billable expenses; (3) disclosures of conflicts of interest (identifying each and every matter in which the firm has, within the past calendar year, represented any entity or individual with an interest adverse to the U. T. System or to the State of Texas, or any of its boards, agencies, commissions, universities, or elected or appointed officials); and (4) confirmation of willingness to comply with policies, directives and guidelines of the U. T. System and the Attorney General of the State of Texas.

Format and Person to Contact. Responses should be sent by electronic mail marked "Response to Request for Information- Intellectual Property Matters." Address all responses to BethLynn Maxwell, Intellectual Property Section, Office of General Counsel, The University of Texas System, bmaxwell@utsystem.edu; For questions, please call telephone 512/499-4462.

Deadline for Submission of Response. All responses must be received by the Office of General Counsel of U. T. System at the email address set forth above no later than 5:00 p.m., Friday, May 28, 2004.

TRD-200402680

Francie A. Frederick

Counsel and Secretary to the Board

The University of Texas System

Filed: April 21, 2004

Request for Information (Tax-Exempt Bond Matters)

The University of Texas System (U. T. System) requests information from law firms interested in representing U. T. System and its component institutions in tax-exempt bond matters. This RFI is issued for the purpose of establishing (for the time frame beginning September 1, 2004 to August 31, 2005) a referral list from which U. T. System, by and through its Office of General Counsel and subject to approval by the Texas Attorney General, will select appropriate counsel for representation on specific bond matters as the need arises. These needs include the usual and necessary services of a bond counsel in connection with the issuance, sale and delivery of bonds and notes on which the interest is excludable from gross income under existing federal tax law.

Description . The U. T. System comprises six health institutions and nine academic institutions located in eleven cities in Texas. Public, tax-exempt bond issuance is conducted under two major programs and is rated by three major rating agencies. Bonds are issued under authority granted the U. T. System in Article VII, Section 18 of the Texas Constitution (Permanent University Fund). A flexible rate note program is frequently used to raise new funds in support of the Capital Improvement Program. The program is currently authorized up to a maximum of $400 million. During the 2005 fiscal year, one such note sale is anticipated in the approximate amount of $150 million. Fixed rate bond sales occur each two to three years in the amount of approximately $250 million to refund flexible rate notes. Advance refunding of Permanent University Fund bonds are conducted periodically based on potential savings opportunities. Under authority granted in Chapter 55, Texas Education Code and Chapters 1207 and 1371, Texas Government Code, and other applicable laws, the U. T. System issues revenue bonds for capital improvements. The U. T. System employs a revenue bond program that offers a combined pledge of all legally available revenues with certain exceptions (the "Revenue Financing System"). A tax-exempt commercial paper program is used for interim financing with long-term bonds sold to provide more permanent financing. These long-term bonds may be either fixed rate or variable rate. The commercial paper program is presently authorized up to $750 million and has approximately $440 million outstanding. Additionally, Board approval of a $50 million taxable commercial paper program is currently being sought. One long-term bond sale of approximately $250 million will likely occur during fiscal year 2005, which may be either natural or synthetic fixed-rate debt. Advance refunding of bonds, interest rate swaps and escrow restructures of previously defeased bonds, based on market timing, may be expected. Federal tax related matters regarding bonds issued by the U. T. System, including strategies and management practices in the conduct of an exempt debt program requires a close working relationship with bond counsel. In addition, the System works with counsel regarding the preparation of the annual S.E.C. filings. Contact is frequent, particularly in regard to the Revenue Financing System program due to the frequency of debt issuance.

U. T. System invites responses to this RFI from qualified firms for the provision of such legal services under the direction and supervision of U. T. System's Office of General Counsel.

Responses . Responses to this RFI should include at least the following information: (1) a description of the firm's or attorney's qualifications for performing the legal services, including the firm's prior experience in bond issuance matters, the names, experience, and technical expertise of the attorneys who may be assigned to work on such matters, and appropriate information regarding efforts made by the firm to encourage and develop the participation of minorities and women in the provision both of the firm's legal services generally and bond matters in particular; (2) the submission of fee information (either in the form of hourly rates for each attorney who may be assigned to perform services in relation to U. T. System's bond matters, flat fees, or other fee arrangements directly related to the achievement of specific goals and cost controls) and billable expenses; 3) disclosures of conflicts of interest (identifying each and every matter in which the firm has, within the past calendar year, represented any entity or individual with an interest adverse to the U. T. System or to the State of Texas, or any of its boards, agencies, commissions, universities, or elected or appointed officials); and (4) confirmation of willingness to comply with policies, directives and guidelines of the U. T. System and the Attorney General of the State of Texas.

Format and Person to Contact . Responses should be sent by mail, facsimile, electronic mail, or delivered in person, marked "Response to Request for Information-Tax Exempt Bond Matters," and addressed to Cullen M. Godfrey, Vice Chancellor and General Counsel, Office of General Counsel, The University of Texas System, 201 West 7th Street, Austin, Texas 78701; (bpage@utsystem.edu; fax: 512/499-4523; telephone 512/499-4481 for questions). Electronic mail is preferred . If responding in writing, two copies of the response are requested. The response should be typed, preferably double-spaced, on 8 1/2 x 11 inch paper with all pages sequentially numbered, either stapled or bound together.

Deadline for Submission of Response. All responses must be received by the Office of General Counsel of U. T. System at the address set forth above no later than 5:00 p.m., Friday, May 28, 2004.

TRD-200402681

Francie A. Frederick

Counsel and Secretary to the Board

The University of Texas System

Filed: April 21, 2004

Request for Information (Utility Matters)

The University of Texas System (U. T. System) requests information from law firms interested in representing U. T. System and its component institutions in utility matters, including but not limited to natural gas, electric and telecommunications. This RFI is issued to establish (for the time frame beginning September 1, 2004 to August 31, 2005) a referral list from which U. T. System, by and through its Office of General Counsel, will select appropriate counsel for representation on specific utility matters as the need arises.

Description . The U. T. System comprises six health institutions and nine academic institutions located in eleven cities in Texas. Subject to approval by the Texas Attorney General, U. T. System will engage outside counsel from time to time to review contracts, conduct research, give legal opinions, pursue litigation and handle other legal matters. U. T. System invites responses to this RFI from qualified firms for the provision of these legal services under the direction and supervision of U. T. System's Office of General Counsel.

Responses . Responses to this RFI should include at least the following information: (1) a description of the firm's or attorney's qualifications for performing the legal services, including the firm's prior experience in utility-related matters, the names and experience of the attorneys who may be assigned to work on such matters, and appropriate information regarding efforts made by the firm to encourage and develop the participation of minorities and women in the provision both of the firm's legal services generally and utility matters in particular; (2) the submission of fee information (either in the form of hourly rates for each attorney who may be assigned to perform services in relation to U. T. System's utility matters, flat fees, or other fee arrangements directly related to the achievement of specific goals and cost controls) and billable expenses; (3) disclosures of conflicts of interest (identifying each and every matter in which the firm has, within the past calendar year, represented any entity or individual with an interest adverse to the U. T. System or to the State of Texas, or any of its boards, agencies, commissions, universities, or elected or appointed officials); and (4) confirmation of willingness to comply with policies, directives and guidelines of the U. T. System and the Attorney General of the State of Texas.

Format and Person to Contact . Responses should be sent by electronic mail marked "Response to Request for Information- Utility Matters." Address all responses to Ms. Dana L. Hollingsworth, Office of General Counsel, The University of Texas System, dhollingsworth@utsystem.edu. For questions, please call (512) 499-4462.

TRD-200402685

Francie A. Frederick

Counsel and Secretary to the Board

The University of Texas System

Filed: April 21, 2004

Request for Information (Radio, Television, and Film Matters)

The University of Texas System (U. T. System) requests information from law firms interested in representing the U. T. System and The University of Texas at Austin ("U. T. Austin") in a broad range of legal matters related to the College of Communication and the U. T. Film Institute at U. T. Austin, including but not limited to the creation and operation of legal entities to support, enhance, finance, or otherwise contribute to a curriculum of commercial independent film making as part of the educational program at U. T. Austin. This RFI is issued to establish (for the time frame beginning September 1, 2004 to August 31, 2005) a referral list from which U. T. System, by and through its Office of General Counsel, will select appropriate counsel for representation on specific radio, television, and film matters as the need arises.

Description . The U. T. System is comprised of six health institutions and nine academic institutions, including U. T. Austin, located in eleven cities in Texas. The College of Communication at U. T. Austin is providing a unique educational opportunity for students pursuing a broad range of intellectual pursuits related to commercial independent film making. Subject to approval by the Texas Attorney General, U. T. System will engage outside counsel to provide advice and counsel concerning the creation and operation of legal entitles designed to support, enhance, finance and otherwise contribute to the film program and to prepare and file appropriate documentation to evidence the legal affairs of such entities as well as other related matters. U. T. System invites responses to this RFI from qualified firms for the provision of such legal services under the direction and supervision of U. T. System's Office of General Counsel.

Responses . Responses to this RFI should include at least the following information: (1) a description of the firm's or attorney's qualifications for performing the legal services, including the firm's prior experience in film and talent related matters, the names, experience, and expertise of the attorneys who may be assigned to work on matters relating to the creation and operation of appropriate legal entities, finance vehicles, and talent related matters, and appropriate information regarding efforts by the firm to encourage and develop the participation of minorities and women in the provision both of the firm's legal services generally and the specific matters covered by this RFI; (2) the submission of fee information (either in the form of hourly rates for each attorney who may be assigned to perform services in relation to U. T. System's matters covered by this RFI, flat fees, or other fee arrangements directly related to the matters covered by the RFI) and billable expenses; (3) disclosures of conflicts of interest (identifying each and every matter in which the firm has, within the past calendar year, represented any entity or individual with an interest adverse to the U. T. System or to the State of Texas, or any of its boards, agencies, commissions, universities, or elected or appointed officials); and (4) confirmation of willingness to comply with policies, directives and guidelines of the U. T. System and the Attorney General of the State of Texas.

Format and Person to Contact . Responses should be sent by mail, facsimile, electronic mail, or delivered in person, marked "Response to Request for Information- Film Matters," and addressed to Cullen M. Godfrey, Vice Chancellor and General Counsel, Office of General Counsel, The University of Texas System, 201 West 7th Street, Austin, Texas 78701; (bpage@utsystem.edu; fax: 512/499-4523; telephone 512/499-4481 for questions). Electronic mail is preferred. If responding in writing, two copies of the response are requested. The response should be typed, preferably double-spaced, on 8 1/2 x 11 inch paper with all pages sequentially numbered, either stapled or bound together.

TRD-200402686

Francie A Frederick

Counsel and Secretary to the Board

The University of Texas System

Filed: April 21, 2004

Texas Water Development Board

Request for Applications for Planning and Project Grants Under the FEMA Flood Mitigation Assistance (FMA) Program

The Texas Water Development Board (Board) requests the submission of applications leading to the possible award of grants to develop Flood Mitigation Plans and implement flood mitigation projects for areas in Texas from communities with the legal authority to plan for and mitigate the impacts of flooding, and which participate in the National Flood Insurance Program (NFIP). A community is defined as (a) a political subdivision, including any Indian tribe or authorized native organization, that has zoning and building code jurisdiction over a particular area having special flood hazards, and which is participating in the NFIP, or (b) a political subdivision or other authority that is designated to develop and administer a mitigation plan by political subdivisions, all of which meet the requirements of (a). Eligible applicants from any area of the State may submit applications for Flood Mitigation Assistance planning and project grants. The available allocated amounts for Federal Fiscal Year 2004 is $125,200 for Planning Grants and $1,367,010 for Project Grants. These grants all require a 25 percent local match, of which not more than one-half (12.5 percent) may be in the form of in-kind services. No award for a Planning Grant may exceed $50,000, and no single community may receive more than one Planning Grant per 5-year period.

The purpose of the FMA program is to provide Planning and Project grants to develop or update Flood Mitigation Plans and for implementing flood mitigation projects. The overall goal of the program is to fund cost-effective measures that reduce or eliminate the long-term risk of flood damage to buildings, manufactured homes, and other NFIP-insurable structures. Specific goals include reducing the number of repetitively or substantially damaged structures and associated claims under the NFIP and encouraging long-term comprehensive mitigation planning.

Planning Grants are awarded to eligible communities to develop the Flood Mitigation Plan for their planning area. Among the requirements for Project Grant applications is this FEMA approved Flood Mitigation Plan. A copy of the approved Plan must be submitted as an attachment to the applicant's submittal. Information contained within the NFIP Community Rating System (CRS) for the applying community may suffice as a Flood Mitigation Plan, however, approval of this information as a Flood Mitigation Plan is made by FEMA. In addition, applicants must supply a map of the geographical planning area and/or the area considered for the flood mitigation project. Deadline for submitting applications for the Planning and/or Project Grant funds is 5:00 P.M., June 25, 2004. Eight double-sided copies of completed Planning and/or Project Grant applications, including the required attachments and Federal forms, must be filed with the Executive Administrator prior to the respective deadline dates.

Applications will be evaluated according to rules provided in 31 TAC Chapter 368. Potential applicants should contact the Board to obtain these rules (which include eligibility requirements), as well as applications for Planning and Project Grants, and the instruction sheets for completing the application, directing requests to Ms. Phyllis Thomas at (512) 463-7926, or Mr. Gilbert Ward at (512) 463-6418, by e-mail to phyllis.thomas@twdb.state.tx.us, or by going to the Board's web site at www.twdb.state.tx.us under the heading, "Hot Topics". Completed applications can be directed either in person to Ms. Phyllis Thomas, Texas Water Development Board, Stephen F. Austin Building, Room 537, 1700 North Congress Avenue, Austin, Texas; or by mail to the attention of Ms. Phyllis Thomas, Texas Water Development Board, P.O. Box 13231, Austin, Texas 78711-3231.

TRD-200402676

Suzanne Schwartz

General Counsel

Texas Water Development Board

Filed: April 21, 2004

Request for Proposals to Perform Research for a Statewide Water Conservation Public Awareness Program

The Texas Water Development Board (Board) requests, pursuant to 31 Texas Administrative Code (TAC) §355.3, the submission of proposals leading to the possible award of contracts for the market research and creative development services towards establishing a water conservation public awareness program in Texas. Applications may be submitted by firms and individuals that are regularly engaged in professional market research and creative development services for a minimum of three years.

Description of Objectives. The research shall include conducting market research that will be used to determine current attitudes and behaviors among Texans in regard to water use and conservation issues. The contractor shall provide the Board with a copy of any raw data (in electronic form) from the evaluation as well as written narrative reports documenting the results of the overall evaluation. The evaluation shall determine efficient research mechanisms that will provide ongoing feedback about water conservation over the life of an ongoing statewide public awareness program and shall identify proposed target audiences, recommend messaging strategies, and establish benchmarks for a statewide water conservation public awareness program.

The contractor shall create an electronic and hardcopy mechanism for archiving all research reports and data associated with them for the purpose of analyzing campaign impact over time. The purpose of this task is to make all research data produced available to local conservation programs and the public in general. Additionally, the contractor shall create an identity for a statewide water conservation public awareness program and develop and provide marketing materials utilizing the final program identity to be used for marketing and implementing the program, as well as for obtaining funding.

The final report and approved program identity shall be provided to the Board by November 1, 2004.

Description of Funding Consideration. Up to $150,000 has been initially authorized for Fiscal Year 2004 from the Board's Water Assistance Fund. In the event that acceptable proposals are not submitted, the Board retains the right to not award contract funds.

Deadline, Review Criteria, and Contact Person for Additional Information. Ten double-sided copies of a complete grant application including the required attachments must be filed with the Board prior to 5:00 p.m., June 1, 2004. Proposals can be directed either in person to Ms. Phyllis Thomas, Room 537, Texas Water Development Board, Stephen F. Austin Building, 1700 North Congress Avenue, Austin, Texas or by mail to Ms. Phyllis Thomas, Texas Water Development Board, P.O. Box 13231, Austin, Texas 78711-3231.

Applications will be evaluated according to 31 TAC §355.5, as well as the following criteria:

* Signed and dated proposal.

* Proposed budget shown by task.

* Statement of Qualifications.

* Action Plan and Time Line for water conservation public awareness market research and creative development.

* Examples and evidence of ability to conduct market research that has been used to conduct statewide public education or public awareness campaigns, including water conservation.

* Examples and evidence of ability to create a program identity for successful public education or awareness campaigns, including water conservation.

* Experience, including capabilities in the area of services to be provided. If the project is to include subcontractors, all member firms shall be listed and staff members listed accordingly.

* Examples of related or similar programs or campaigns conducted by the applicant, including those provided for other state agencies. List name of client, dates of service, and total expenditures for each project. Specify a contact person and telephone number for each client reference.

* Resumes for each program team member, to include at least the last five years of experience of the individuals who will be designated to oversee and execute the project.

All potential applicants can contact the Board to obtain these rules and an application instruction sheet. Requests for information, the Board's rules and instruction sheet covering the research and planning fund may be directed to Ms. Phyllis Thomas at the preceding mailing address, or by email at phyllis.thomas@twdb.state.tx.us or by calling (512) 463-7926.

TRD-200402678

Suzanne Schwartz

General Counsel

Texas Water Development Board

Filed: April 21, 2004

Request for Statements of Qualifications Water Research Study Priority Topics

The Texas Water Development Board (Board or TWDB) requests the submission of Statements of Qualifications (RFQs) from interested applicants leading to the possible award of contracts for state Fiscal Year 2004 to conduct water research on eight priority topics. The total amount of the grants awarded by the Board shall not exceed $510,000 from the Research and Planning Fund. Rules governing the Research and Planning Fund (31 Texas Administrative Code, Chapter 355) are available upon request from the Board, or may be found at the Secretary of State's Internet address: {http://www.sos.state.tx.us/tac/}; then sequentially select, "TAC Viewer," "Title 31," "Part 10," and "Chapter 355." Guidelines for responding to the RFQ, which include an application form and detailed information on the research topic, will be available at the Board's website at: {http://www.twdb.state.tx.us/publications/requestforproposals/requestsforproposals_index.htm}, or will be provided upon request.

Description of the Research Objectives and Purpose.

The Board's grant contribution is estimated not to exceed the posted dollar value adjacent the priority research topic. RFQs are requested for the following priority research:

Reallocation of Storage in Federal Reservoirs for Future Water Supply ($50,000).

There are about 27 large (design storage of 25,000 acre-feet or greater) federal reservoirs in Texas with storage allocated to flood control. The storage needed for flood control may be reduced with time, due to federal, state and local programs that remove structures from flood plains and/or implement other types of flood control measures. Thus, reallocation of a portion of the storage, particularly flood control storage, in existing federal reservoirs may provide a practical source of water supply.

Reallocation of storage in existing reservoirs can provide additional water supply more rapidly than constructing new reservoirs, and with significantly less environmental and permitting issues. Research is needed to estimate the amount of water supply that could be available from the reallocation of storage, subordination of hydropower rights, and changes in operating rules for federal reservoirs in Texas. Research is also needed to develop a roadmap of state and federal requirements for reservoir storage reallocation.

Development of Major Rivers Curriculum for 6th Grade Students and Development of TWDB Web Site Activities for Students in Grades 1 through 6 ($75,000).

A new component of the TWDB education program will be the research and development of a curriculum for 6th grade students. This curriculum will complement and extend the existing Major Rivers curriculum for 4th and 5th grades and will address the Texas Essential Knowledge and Skills requirements for 6th grade students, such as no. 6 (relationship between force and motion), no. 9 (energy distribution), and no. 14 (structures and functions of Earth systems) as they relate to water issues and concerns. It should also integrate process skills (such as conducting lab and field investigations) from grade six TEKS in the development of content. Objective 14, which includes "identifying relationships between groundwater and surface water in a watershed," is also being considered for inclusion on the Middle School Science Texas Assessment of Knowledge and Skills test. The currently available 4th - 5th grade Major Rivers curriculum has lesson plans concerning watersheds, water planning, and water conservation. Distribution methods including the Internet, CDs, and printed material will be evaluated in the development of this curriculum.

Research is also needed to develop a comprehensive, Texas-specific water conservation program for students in grades 1 through 6. This program will be delivered primarily through web-based activities and should integrate Texas-specific themes from the Major Rivers curriculum. Several elements in the Major Rivers student workbook and other sources should be chosen to create animated Internet activities for kids. Due to continued demand for the out-of-print TWDB coloring book, a new coloring and activity book with Major Rivers characters should be created targeting early elementary school kids. This book will be made available online.

Review of Groundwater Evapotranspiration Rates ($60,000).

Evaporation from soil surfaces and transpiration by plants combine to produce evapotranspiration (ET). Plants known as phreatophytes have their roots below the water table and can act as a significant source of groundwater discharge in many aquifer systems. ET is an important component of groundwater modeling, and accurately simulating groundwater ET processes will be important for the groundwater availability models (GAMs) being developed by the TWDB. There is abundant information in the literature on site-specific ET processes and rates, but regional-scale information is not readily available. Thus, there is a need for large-scale information on groundwater ET rates and processes that can be used in the GAMs.

This research will involve conducting a thorough literature review of ET rates and processes specifically focusing on the groundwater component of ET. The rates will be compiled into a Geographic Information System (GIS) database that can be used to develop input parameters for the GAMs. The final report will describe the results of the review and detail ET processes and rates. Electronic files of the GIS database along with documentation and metadata will also be included with the final report.

Development of a Database for Desalination Facilities in Texas ($75,000).

An accurate database containing information on desalination facilities is presently not available for Texas. The TWDB will consider proposals to create a database for existing and proposed water desalination facilities and projects. The project will include a comprehensive survey of all desalination facilities in the state and will include relevant technical information for communities and organizations that might be interested in developing desalination facilities in the future. The database design will be compatible with TWDB information systems and will include database maintenance procedures.

Analysis of Municipal Water Demand in Texas ($75,000).

An increased interest in the development of water consumption benchmarks and in comparison of water consumption per resident in different cities and in different geographic areas of the state highlight the need for an analysis of factors that can result in differing rates of consumption. Accurate forecasting of future demand for municipal water in Texas requires knowledge of the way in which a number of different economic and demographic factors impact the amount of water used by residents and commercial businesses of Texas cities. Research is needed to determine the impact of price and other factors on municipal water demand.

Review of Methods to Enhance Recharge to the Ogallala Aquifer through Playa Lake Modification ($50,000).

The Ogallala aquifer underlies approximately 174,000 square miles of the Great Plains region in Texas, New Mexico, Oklahoma, Kansas, Colorado and Nebraska. In Texas, the Ogallala aquifer is the largest source of groundwater. The aquifer, in many areas, is being depleted by pumping groundwater at a greater rate than it is being recharged. Consequently, the aquifer's water supply has declined steadily since the 1940s. Certain groundwater conservation districts and Regional Water Planning Groups over the aquifer are managing and planning for the Ogallala aquifer as a depleting resource, allowing no more than 50 percent of the groundwater to be pumped over fifty years. Increasing recharge to the Ogallala aquifer would increase water supplies and the life of the aquifer. One possibility of increasing the recharge is to enhance infiltration beneath playa lakes, common features on the High Plains that are recognized as the primary recharge features of the Ogallala aquifer.

The TWDB is currently undertaking a legislatively mandated project to investigate enhancing recharge to the Ogallala aquifer through playa modification. The project is currently developing a monitoring plan to collect baseline information on how a number of playas respond to rainfall events over a two-year period. After this baseline information is collected, TWDB plans to modify several of the playas and monitor how these modified playas respond to rainfall events.

The purpose of this proposed research project is to review and compile information on how playas can be modified to increase infiltration to the subsurface. The project will be focused on reviewing previous work on recharge enhancement to the Ogallala aquifer and reviewing previous work on innovative methods of modifying recharge. The analysis will need to include cost estimates of the modification procedures.

Cost-benefit Analysis of Dredging versus Building New Reservoirs ($75,000).

The traditional way to generate new capacity of surface water resources is to build new reservoirs. However, as the cost of building new reservoirs increases and the number of suitable sites decreases, alternative methods warrant investigation. One such method is to dredge sediments from existing reservoirs. Water supply reservoirs fill up with sediment over time and result in decreased yields. The TWDB has started using a multi-frequency depth sounder in its hydrographic survey program. This instrument allows surveyors to determine the approximate thickness of sediment in Texas lakes. Through GIS techniques, this data can be used to determine the volume and location of the bulk of the sediment that has settled out in a lake.

Dredging activities are commonplace in Texas bays and estuaries and significant resources are spent keeping ship channels navigable. It is reasonable to assume that some of the technology developed for coastal dredging could be used, or adapted for use, on inland lakes. The purpose of this study is to compare the costs of dredging existing reservoirs versus building new ones. The analysis will need to include some site-specific examples, but will also provide enough general information that Regional Water Planning Groups can use in the development of their Regional Water Plans.

Research, Review and Analysis of Potential Dedicated Sources of Revenue to Fund Water Infrastructure Projects ($50,000).

A dedicated source of funding to implement water management strategies and projects recommended through the state and regional water planning processes is not currently available in Texas. The 77th Legislature considered several types of dedicated revenue sources, including a water rights fee, a retail water customer fee, a wastewater fee, and a surcharge on bottled water assessed on the manufacturer. None of these proposals were included in final legislation. At the request of Senators Kenneth Armbrister and Robert Duncan, the TWDB will coordinate a stakeholders' process to develop legislative recommendations for establishing dedicated funding sources to help implement projects and strategies recommended through the state and regional water planning processes. To provide expertise to the stakeholders, the TWDB will consider proposals from consultants to provide research assistance, revenue estimating, and impact analyses on issues related to the establishment and implementation of dedicated funding sources for water infrastructure projects.

Description of Applicant Criteria.

The applicant should demonstrate prior experience in the priority research topic, and be able to review, research, analyze, evaluate and interpret data and research findings; and have excellent oral presentation and writing abilities. If the applicant is short-listed, the applicant should be prepared to make an oral presentation to TWDB staff. The scope of work, schedule, and contract amount will be negotiated after the TWDB selects the most qualified applicant. Failure to reach a negotiated contract may result in subsequent negotiations with the next-most qualified applicant; however, a negotiation will not occur with applicants who are determined by the TWDB to be unqualified, or otherwise unsuited to perform the requested research. Applicants selected to conduct the research may be required to present the results of their research at one or more of the Board's monthly public meetings.

Deadline for Submittal, Review Criteria and Contact Person for Additional Information.

Historically Underutilized Businesses are encouraged to submit statements of qualifications and/or participate as sub-contractors in the water research program. Ten double-sided, double-spaced copies of a completed Statement of Qualifications must be filed with the Board prior to 5:00 PM, June 15, 2004. Respondents to this request shall limit their Statement of Qualifications to the size previously mentioned, excluding the resumes of the project team members. Statements of Qualifications can be directed either in person to Ms. Phyllis Thomas, Texas Water Development Board, Stephen F. Austin Building, Room 537, 1700 North Congress Avenue, Austin, Texas; or by mail to Ms. Phyllis Thomas, Texas Water Development Board, P.O. Box 13231, Austin, Texas 78711-3231. All applicants must contact the Board to obtain the Board's guidelines for responding to the RFQ. Requests for information, the Board's guidelines for responding to the RFQ, and detailed information on each research topic should be directed to Ms. Phyllis Thomas at the preceding address, by calling (512) 463-3154, or by e-mail to: phyllis.thomas@twdb.state.tx.us.

TRD-200402677

Suzanne Schwartz

General Counsel

Texas Water Development Board

Filed: April 21, 2004

Texas Workers' Compensation Commission

Invitation to Apply to the Medical Advisory Committee (MAC)

The Texas Workers' Compensation Commission seeks to have a diverse representation on the MAC and invites all qualified individuals from all regions of Texas to apply for openings on the MAC in accordance with the eligibility requirements of the Procedures and Standards for the Medical Advisory Committee. The Medical Review Division is currently accepting applications for the following Medical Advisory Committee vacancies: