TITLE in-addition

Credit Union Department

Standard Credit Union Bylaws

The Credit Union Commission proposes amendments to The Standard Bylaws for State Chartered Credit Unions (Standard Bylaws) relating to a president/employee's ability to serve on the board of directors.

The amendments to the Standard Bylaws implements a new provision enacted in the 78th Session of the Legislature that was contained within HB1307. The provision added a new section 122.054(b) to the Texas Finance Code to specifically prohibit the president or an employee from serving as a director of the credit union unless permitted by the bylaws. In addition, if the bylaws permit the president or an employee to serve on the board, the bylaws must require that persons serve on the board so that the president and employees of the credit union never constitute a majority of the board. The proposed amendment establishes new standard bylaw optional provisions to cover the two described situations and makes conforming changes to the existing standard bylaw language.

Kerri T. Galvin, General Counsel, has determined that there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed rule.

Ms. Galvin has also determined that for each year of the first five years the proposed amended rule is in effect, the public benefits anticipated as a result of enforcing the rule will be compliance with new legislation. There is no anticipated effect on small businesses as a result of adopting the amended rule. There is no economic cost anticipated to credit unions for complying with the amendments if adopted.

Written comments on the proposal must be submitted within 30 days after its publication in the Texas Register to Kerri T. Galvin, General Counsel, Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.

The amendment is proposed under the provision of the Texas Finance Code, Section 15.402, which authorizes the commission to adopt reasonable rules for administering Title 2, Chapter 15 and Title 3, Subchapter D of the Texas Finance Code.

The specific section affected by the proposed amendment is Texas Finance Code, Section 122.054.

CHAPTER V. DIRECTION OF AFFAIRS

Section 5.01. BOARD OF DIRECTORS

(a) Number of Directors. The board of directors of this credit union shall consist of ____________________ individual members who shall be elected as provided in these bylaws. (The number of directors cannot be less than five) . All of the directors shall be members of this credit union. No reduction in the number of directors may be made unless corresponding vacancies exist as a result of deaths, resignations, expiration of terms of office or other actions provided by these bylaws.

(b) Employees on Board of Directors.

Option 1

No director or immediate family member of a director may be a paid employee of the credit union.

Option 2

____ (Fill in the number) director(s) may be a paid employee of the credit union or immediate family members of employees of the credit union. In no case may employees of the credit union and/or immediate family members of employees of the credit union constitute a majority of the board or be the chairman, vice-chairman, or secretary of the board.

(c) Term of Office. Regular terms of office for directors shall be for ___________ years. (The term of office cannot be greater than three years) . All regular terms must be for the same number of years, and directors shall hold office until successors are elected and have qualified unless disqualified or removed. The regular terms must be fixed at the beginning, or upon any increase or decrease in the number of directors, such that approximately an equal number of regular terms must expire at each annual meeting.

(d) Vacancies. Vacancies on the board of directors will be filled by election at each annual meeting by and from the membership of the credit union.

(e) Terms. Directors may serve more than one term.

(f) Honorary Directors. The board may appoint not more than three honorary or advisory directors who serve at the pleasure of the board and who advise and consult with the board and aid the board in carrying out its duties and responsibilities. An honorary or advisory director is not considered a member of the board and is not entitled to vote on any matter before the board but, if the Board so determines, may participate in deliberations of the board. An honorary or advisory director need not be eligible for membership in the credit union.

Section 5.10. ELECTION AND APPOINTMENT OF OFFICERS

(a) Organizational Meeting. At their first meeting, which shall be held within thirty (30) days following the annual meeting of the members, the board of directors shall elect from their own number a chairman, a vice-chairman, a treasurer, and a secretary. One person may be elected to fill the offices of treasurer and secretary upon appropriate action by the directors. Any person designated as "Chairman" or "Vice Chairman" may use another equivalent title such as, in the case of the Chairman, "Chairperson," "Chairwoman," "Chair," or other such appropriate title. The thirty (30) day period may be extended if approved in writing by the Commissioner.

(b) Designating a President. The board may employ, elect, or appoint a chief executive officer who is in charge of operations and whose title shall be president. The president _____ (may or may not) be a member of the board of directors. The president serves at the pleasure of the board.

(c) Other Employees. Subject to guidelines set by the board and in conformity with §122.058 of the Credit Union Act, the president shall appoint, employ, or hire and may discharge other officers and employees that the president considers necessary for operation of the credit union.

TRD-200308670

Harold E. Feeney

Commissioner

Credit Union Department

Filed: December 18, 2003


Texas Department of Insurance

Notice of Public Hearing

The Commissioner of Insurance will hold a public hearing under Docket No. 2584, on January 20, 2004 at 9:30 a.m. in Room 100 of the William P. Hobby, Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, to consider the adoption by reference of Procedural Rule P-53, regarding Rebates and Discounts Prohibited, as part of the proposed amendment to 28 TAC §9.1 which concerns the adoption by reference of certain amendments to the Basic Manual of Rules, Rates and Forms for the Writing of Title Insurance in the State of Texas (Basic Manual).

The proposed amendment and the statutory authority for the proposed amendment , was published in the November 7, 2003, issue of the Texas Register (28 TexReg 9709).

TRD-200308643

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: December 18, 2003


Texas Lottery Commission

Instant Game No. 403 "Wild Cherry Slots"

1.0 Name and Style of Game.

A. The name of Instant Game No. 403 is "WILD CHERRY SLOTS". The play style is "three in a line with legend".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 403 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 403.

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: STAR SYMBOL, LEMON SYMBOL, BELL SYMBOL, HORSE SHOE SYMBOL, BAR SYMBOL, SEVEN SYMBOL, and CHERRY SYMBOL.

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

Figure 1: GAME NO. 403 - 1.2D

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

Figure 2: GAME NO. 403 - 1.2E

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

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

G. Low-Tier Prize - A prize of $1.00, $2.00, $5.00, $10.00, or $20.00.

H. Mid-Tier Prize - A prize of $50.00, $100, or $150.

I. High-Tier Prize- A prize of $700.

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 (403), a seven (7) digit pack number and a three (3) digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be: 403-0000001-000.

L. Pack - A pack of "WILD CHERRY SLOTS" Instant Game tickets contains 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 000 to 004 will be on the top page and tickets 005 to 009 will be on the next page and so forth and tickets 245 to 249 on the last page. Tickets 000 will be folded over to expose the front of tickets 000 and 009 through the shrink-wrap.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "WILD CHERRY SLOTS" Instant Game No. 403 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 "WILD CHERRY SLOTS" Instant Game is determined once the latex on the ticket is scratched off to expose 9 (nine) play symbols. If a player reveals three identical play symbols either diagonally, vertically, or horizontally the player will win the prize amount that corresponds in the legend. If the player reveals two identical play symbols and a Cherry play symbol either diagonally, vertically, or horizontally the player will win the prize as if the player revealed three identical play symbols as that corresponds in the legend. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 9 (nine) 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 except for dual image games;

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

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

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

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

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

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

2.2 Programmed Game Parameters.

A. No adjacent non-winning tickets will contain identical play symbols in the same location.

B. The cherry play symbol will only appear once on a ticket.

C. The ticket may win up to three (3) times.

2.3 Procedure for Claiming Prizes.

A. To claim a "WILD CHERRY SLOTS" Instant Game prize of $1.00, $2.00, $5.00, $10.00, $20.00, $50.00, $100, or $150, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00, $100, or $150 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 "WILD CHERRY SLOTS" Instant Game prize of $700, 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 "WILD CHERRY SLOTS" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "WILD CHERRY SLOTS" 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 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.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 20,160,000 tickets in the Instant Game No. 403. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 403 - 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. 403 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. 403, 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-200308678

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: December 18, 2003


Board of Nurse Examiners

Request for Proposal for Pilot Programs

The Board of Nurse Examiners for the State of Texas (BNE or Board) is soliciting proposals for pilot programs designed to evaluate the efficacy and effect on the public of nursing error reporting systems which would encourage identification of system errors. The BNE is requesting the submission of proposals as authorized by sections 301.1605-.1606 of Texas Occupations Code which was enacted by Senate Bill 718 in the 78th Texas Legislature, Regular Session. The BNE has adopted new chapter 226, 22 Texas Administrative Code §§226.1 - 226.7 pursuant to Senate Bill 718. This new chapter 226 was originally proposed in the November 7th, 2003, issue of the Texas Register (28 TexReg 9677) and was adopted without comment or changes. The effective date of new chapter 226 is December 29, 2003. The request for proposals will be released on or about January 1, 2004. The request for proposal will be posted on the BNE's website at http://www.bne.state.tx.us.

Brief Description of Services : The new §§301.1605 and 301.1606 of the Occupations Code authorize the Board of Nurse Examiners to approve and adopt rules regarding pilot programs for innovative applications in the practice of and including the regulation of professional nursing. Pursuant to section 301.1606, approval of a pilot study would allow for an exception to the mandatory reporting requirements of sections 301.401-301.409 or to a rule adopted pursuant thereto provided the pilot study provides an equivalent methodology for assuring public safety.

In 1999, the Institute of Medicine (IOM) published "To Err is Human," a report that focused on patient safety and medical errors. The IOM findings were alarming. The IOM reported that medical errors contribute to somewhere between 44,000 to 98,000 deaths per year. This range was defined by reviewing patient admission statistics in hospitals in the United States for the year 1997. These deaths exceeded the annual death rate for motor vehicle accidents, breast cancer and AIDs. The report formulated specific recommendations that focus on improving safety systems in health care organizations, including medication safety systems. Among those recommendations were the establishment of a national center for patient safety, development and implementation of a nationwide mandatory reporting system, encouragement of voluntary reporting, utilization of peer review mechanisms and disclosure of adverse events to the public, where confidentiality is not compromised.

Since the publication of the IOM report there has been an attempt to move away from punitive action related to medical (including nursing) errors, especially medication-related errors, has occurred at the national and federal levels. CMS (formerly HCFA) and the Joint Commission on Accreditation of Hospitals and Organizations (JCAHO) have both made major shifts and revisions to their monitoring criteria to encourage greater reporting of errors without fear of punitive action. The underlying concept is that the greater a facility's awareness of errors, including "near misses," the better systems can be examined and improved to prevent future errors and client injury.

Eligible Applicants : Eligible offerors include private non-profit and for profit corporations or other entities capable of conducting a self funded research project with the verifiable ability to meet the purpose of §§301.1605-.1606 and 22 Tex.Admin.Code ch. 226.

Limitations : All proposals must be self-funded as there are no BNE funds available for any approved program. There will be no more than four (4) programs approved. All approved programs must be completed within two years of approval. BNE reserves the right to reject or refuse approval to any program that can not meet the purposes of Texas Occupations Code §§301.1605-.1606; and 22 Tex.Admin.Code chapter 226.

Deadlines for Proposals : Proposals will be due February 27, 2004.

Contact Person : Potential offerors may obtain a copy of the RFP on or about January 1, 2004. Request for RFP must be in writing to Kathy Thomas, Executive Director, Board of Nurse Examiners for the State of Texas, 333 Guadalupe, Suite 3-460, Austin, Texas 78701. Comments will be accepted and considered for 30 days following the publication of this proposal in the Texas Register .

TRD-200308747

Katherine Thomas

Executive Director

Board of Nurse Examiners

Filed: December 19, 2003


Public Utility Commission of Texas

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

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application filed on December 16, 2003, for a certificate of convenience and necessity (CCN) in Camp County, Texas.

Docket Style and Number: Application of Upshur-Rural Electric Cooperative, Incorporated (URECC) for a Certificate of Convenience and Necessity for a Transmission Line in Camp County, Texas. Docket Number 28127.

The Application: URECC filed an application for a CCN for a proposed 69-kV transmission line in Camp County, Texas. The proposed project has been designated the Camp County 69-kV Transmission Tie Line. The line will connect an existing 69-kV transmission line with a new substation to be built east of Harvard, Texas.

On or before January 30, 2004, 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 telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 28127.

TRD-200308715

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 19, 2003


Notice of Application for a Certificate to Provide Retail Electric Service

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on December 15, 2003, for retail electric provider (REP) certification, pursuant to Public Utility Regulatory Act (PURA) §§39.101- 39.109. A summary of the application follows.

Docket Title and Number: Application of Vega Resources, LLC doing business as Amigo Energy for Retail Electric Provider (REP) certification, Docket Number 29056 before the Public Utility Commission of Texas.

Applicant's requested service area is the service area of specific transmission and distribution utilities and/or municipal utilities or electric cooperatives in which competition is offered, as follows: AEP, CenterPoint, and Oncor.

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 January 9, 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 29056.

TRD-200308712

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 19, 2003


Notice of Application for a Certificate to Provide Retail Electric Service

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on December 12, 2003, for retail electric provider certification, pursuant to Public Utility Regulatory Act (PURA) §§39.101 - 39.109. A summary of the application follows.

Docket Title and Number: Application of APN Starfirst, L.P. for Retail Electric Provider (REP) certification, Docket Number 29048 before the Public Utility Commission of Texas.

Applicant's requested service area by geography includes the entire state 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 January 9, 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 29048.

TRD-200308641

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 17, 2003


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

On December 12, 2003, DVC Telecom filed an application with the Public Utility Commission of Texas (PUC) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60204. Applicant intends to remove the resale- only restriction.

The Application: Application of DVC Telecom for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 29051.

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 January 7, 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 29051.

TRD-200308640

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 17, 2003


Notice of Application for Relinquishment of a Service Provider Certificate of Operating Authority

On December 12, 2003, TechTel Communications filed an application with the Public Utility Commission of Texas (PUC) to relinquish its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60176. Applicant intends to relinquish its certificate.

The Application: Application of TechTel Communications to Relinquish its Service Provider Certificate of Operating Authority, Docket Number 29050.

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 January 7, 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 29050.

TRD-200308639

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 17, 2003


Public Notice of Workshop on Project Number 29077 - Rulemaking Regarding P.U.C. Substantive Rules, Chapter 26, Subchapter E and Request for Comments

The staff of the Public Utility Commission of Texas (commission) will hold a workshop regarding Chapter 26, P.U.C. Substantive Rules, Subchapter E, on January 20, 2004, at 9:00 a.m. in the Commissioners' Hearing Room located on the seventh floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 29077, Rulemaking Regarding Chapter 26, P.U.C. Substantive Rules, Subchapter E has been established for this proceeding. The purpose of the workshop is to inform industry as to which rules commission staff have identified for possible revision and to inquire of industry as to which rules in Subchapter E need revising. Prior to the workshop, the commission requests interested persons file comments to the following questions:

Questions for comment:

1. §26.89 - Information Regarding Rates and Services of Nondominant Carriers. Should the provisions of this rule be added to §26.107, and §26.89 repealed?

2. §26.101 - Certificate of Convenience and Necessity (CCN) Certification Criteria:

a. Should the criteria and application for obtaining a CCN be revised and, if so, to what extent?

b. Should a process be added for Service Area Boundary (SAB) changes?

c. Should CCN's be required to file an Annual Information Report similar to that required of Nondominant Telecommunications Carriers and (NCTU) or Interexchange Carriers (IXC)?

3. §26.102 - Registration of Pay Telephone Service Providers. Should the criteria and forms for registration be revised and, if so, to what extent?

4. §26.103 - Affiliate Guidelines for CCN Holders. Should the provisions of this rule be integrated into rule §26.109 and §26.111, and §26.103 repealed?

5. §26.107 - Registration of Interexchange Carriers, Prepaid Calling Services Companies, and Other Nondominant Telecommunications Carriers:

a. Should the registration form be revised and combined with the Annual Report?

b. Should the registration revocation process be revised?

6. §26.109 - Standards for Granting Certificates of Operating Authority (COAs) and §26.111 - Standards for Granting Service Provider Certificates of Operating Authority (SPCOAs):

a. Should the criteria and application for obtaining a COA and/or SPCOA be revised and, if so, to what extent?

b. Specifically, should the following items be revised:

i. Revision of Certification Application

ii. Revision of Annual Report

iii. Code of Conduct attestation

iv. Electronic Filing of Annual Report

v. Reporting Requirements

vi. 9-1-1 Reporting

7. §26.113 - Amendment of COA or SPCOA. Should the criteria and application for amending a certificate be revised and, if so, to what extent?

8. §26.114 - Suspension or Revocation of COAs and SPCOAs. Should the rule be revised and, if so, to what extent?

9. Should certification to provide service using the Unbundled Network Element - Platform (UNE-P) be separated from the certification of other facilities-based SPCOAs, and perhaps considered as somewhere between resale and facilities-based in terms of financial requirements?

The foregoing questions are not exhaustive of the issues to be discussed at the workshop. The workshop will also be opened for discussion of general or specific issues of interest to attendees and commission staff. Responses may be filed by submitting 16 copies to the commission's Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326 on or before January 12, 2004. All responses should reference Project Number 29077. The commission requests comments be limited to 15 pages. Ten days prior to the workshop the commission shall make available in Central Records under Project Number 29077 an agenda for the format of the workshop.

Questions concerning the workshop or this notice should be referred to Gordon Van Sickle, Telecommunications Division, (512) 936-7343. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200308711

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 19, 2003


Sam Houston State University

Consultant Contract Award

Sam Houston State University (SHSU), in accordance with provisions of Government Code, Section 2254.030, announces the awarding of a consultant contract to a consulting firm based in Washington, D.C. The solicitation for proposals was published in the November 14, 2003 issue of the Texas Register (Volume 28, TexReg 10343).

The consultant will represent and assist the university in developing projects deemed important to the university, assist the university in obtaining funding for university projects, and provide consulting and representation as directed by Sam Houston State University.

One proposal was received in response to this solicitation for proposals. The proposal was from Mr. Bobby Mills/The Advocacy Group, 1350 I Street, NW, Suite #680, Washington, D.C. 20005.

The consultant awarded the contract was: Mr. Bobby Mills/The Advocacy Group, 1350 I Street NW, Suite #680, Washington, D.C. 20005.

The consultant contract begins January 1, 2004 and ends December 31, 2004 with the option to renew. The fee estimate is $55,440, excluding expenses.

Reports and documents will be submitted as required.

TRD-200308671

Dr. James F. Gaertner

President

Sam Houston State University

Filed: December 18, 2003


Texas Department of Transportation

Public Notice - Aviation

Pursuant to Transportation Code, §21.111, and Title 43, Texas Administrative Code, §30.209, the Texas Department of Transportation conducts public hearings to receive comments from interested parties concerning proposed approval of various aviation projects.

For information regarding actions and times for aviation public hearings, please go to the following web site:

http://www.dot.state.tx.us

Click on Aviation, click on Aviation Public Hearing. Or, contact Karon Wiedemann, Aviation Division, 150 East Riverside, Austin, Texas 78704, (512) 416-4520 or 800 68 PILOT.

TRD-200308690

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: December 18, 2003