TITLE in-addition

Office of the Attorney General

Texas Health and Safety Code Settlement Notice

The State of Texas hereby gives notice of the proposed resolution of an environmental enforcement lawsuit brought pursuant to Chapter 341, Subchapter C, of the Texas Health and Safety Code and Chapter 26 of the Texas Water Code. The Attorney General will consider any written comments regarding the proposed agreed judgment.

Case Title and Court: The State of Texas v. Lawrence "Larry" Phillips, individually and d/b/a Rainbow Lake Mobile Home Park ; Cause No. GV3-00001 in the 53rd Judicial District, Travis County, Texas.

Nature of Suit: This suit concerns a public drinking water system and a sewage collection and disposal system at the Rainbow Lake Mobile Home Park ("Rainbow Lake MHP") located in Liberty County. Rainbow Lake MHP consists of approximately 27 residences and sits on the bank of Whiskey Creek, approximately 2.5 miles north of the confluence of the Whiskey Creek and the East Fork of the San Jacinto River. Rainbow Lake MHP is owned and operated by Lawrence "Larry" Phillips.

Proposed Agreed Final Judgment and Permanent Injunction: The proposed Agreed Final Judgment and Permanent Injunction disposes of all parties and all claims in this cause. Defendant has agreed to pay the state $22,000.00 in civil penalties and $1,971.00 in administrative penalties. Further, Defendant has agreed to pay to the State Public Health Service Fees in the amount of $331.08. Defendant has also agreed to pay $10,000 in attorney's fees to the State and has agreed to pay all the court costs.

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

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

TRD-200400213

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: January 14, 2004


Comptroller of Public Accounts

Notice of Intent to Contract

Pursuant to Chapters 403, 2305, and Chapter 2254, Subchapter A, Texas Government Code, the Comptroller of Public Accounts (Comptroller) State Energy Conservation Office (SECO) announces its intent to enter into a contract for professional engineering services.

The contractor will provide on-site program monitoring of SECO contracts, as assigned. Contractor will monitor contracts to document the status of program issues such as the budget, program administration, schedules, deliverables and all other services reasonably related to program monitoring.

Unless a better offer is received, the contract is awarded to Kinsman & Associates Consulting Engineers, 1701 N. Greenville Avenue, Suite 600, Richardson, Texas 75801. The total amount of this contract is not to exceed $20,000.00. The term of the contract is Upon Final Signature through August 31, 2004.

The project monitoring will be completed on or before August 31, 2004.

TRD-200400187

Pamela Smith

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: January 12, 2004


Request for Proposals

Pursuant to Chapters 403, 2305; 2305.038; and Chapter 2254, Subchapter A, Texas Government Code, the Comptroller of Public Accounts (Comptroller), State Energy Conservation Office (SECO) announces the issuance of its Request for Proposals (RFP #167i) for energy engineering services from qualified independent firms and qualified energy engineers, to provide energy engineering services for the Schools & Local Government Energy Program (Program). Successful Respondent(s) will be asked to assist Comptroller in performing energy engineering services and assist in conducting monitoring activities required by the Program. Successful Respondent(s) will be expected to begin performance of any contract(s) resulting from this RFP on or about March 1, 2004.

Contact: Parties interested in submitting a proposal should contact Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., ROOM G-24, Austin, Texas, 78774, telephone number: (512) 305-8673, to obtain a copy of the RFP. The RFP will be available for pick-up at the above-referenced address on Friday, January 23, 2004, after 10:00 a.m., Central Zone Time (CZT), and during normal business hours thereafter. Comptroller also plans to place the RFP on the Texas Marketplace after Friday, January 23, 2004, 10:00 a.m. (CZT). All written inquiries and Non-Mandatory Letters of Intent must be received at the above-referenced address no later than 2:00 p.m. (CZT) on Friday, February 6, 2004. Non-Mandatory Letters of Intent must be addressed to Clay Harris, Assistant General Counsel, Contracts, and must be signed by an authorized representative of each entity. All responses to questions will be posted electronically on Tuesday, February 10, 2004, on the Texas Marketplace at: http://www.esbd.tbpc.state.tx.us. Prospective respondents are encouraged to fax the Letters of Intent and Questions to (512) 475-0973 to ensure timely receipt. Non-Mandatory Letters of Intent and Questions received after the deadline will not be considered.

Closing Date: Proposals must be received in the Assistant General Counsel, Contracts Office at the location specified above (ROOM G-24) no later than 2:00 p.m. (CZT), on Tuesday, February 17, 2004. Proposals received after this time and proposals submitted by facsimile will not be considered; respondents shall be solely responsible for verifying timely receipt of proposals and all required copies in the Issuing Office by the deadline.

Evaluation and Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria and procedures set forth in the RFP. Comptroller will make the final decision. Comptroller reserves the right to accept or reject any or all proposals submitted. Comptroller is under no legal obligation to execute any contracts on the basis of this notice or the distribution of any RFP. Comptroller shall pay for no costs incurred by any entity in responding to this Notice or the RFP.

The anticipated schedule of events is as follows: Issuance of RFP - Friday, January 23, 2004, 10:00 a.m. CZT; Non-Mandatory Letters of Intent and Questions Due - Friday, February 6, 2004, 2:00 p.m. CZT; Posting of Official Responses to Questions - Tuesday, February 10, 2004; Proposals Due - Tuesday, February 17, 2004, 2:00 p.m. CZT; Contract Execution - March 1, 2004, or as soon thereafter as practical; Commencement of Project Activities - March 1, 2004, or as soon thereafter as practical.

TRD-200400225

Pamela Smith

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: January 14, 2004


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the period of 01/19/04 - 01/25/04 is 18% for Consumer 1 /Agricultural/Commercial2 /credit thru $250,000.

The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the period of 01/19/04 - 01/25/04 is 18% for Commercial over $250,000.

1 Credit for personal, family or household use.

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

TRD-200400196

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: January 13, 2004


Texas Department of Criminal Justice

Award Notification

The Texas Department of Criminal Justice publishes this notice of a contract award to Texas Liqua Tech Services, Inc., 1819 Milby, Houston, Texas 77003. Notice of an Invitation for Bid was published in the September 19, 2003, issue of the Texas Register (28 TexReg 8174). This contract was awarded in accordance with the requirements in Chapter 2254, Subchapter B, Texas Government Code.

The contract number is 696-FD-4-5-C0127 and the not-to-exceed contract amount is $1,646,000.00.

TRD-200400163

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: January 9, 2004


Texas Education Agency

Request for Applications Concerning 2004-2007 Improving Teaching and Learning - The Texas Title I Comprehensive School Reform Program

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-04-012 from local education agencies (LEAs) or shared services arrangements (SSAs) of LEAs and open-enrollment charter schools that receive funds under Title I, Part A. The grant funds shall be used to support comprehensive school reform in schools that are eligible for funds under Title I, Part A. The applicant LEA or open-enrollment charter school and each member district of an SSA must actually receive Title I, Part A funds for the 2004-2005 school year. Each individual campus for which the LEA is applying must be eligible to receive Title I, Part A funds in the 2004-2005 school year. One application per campus must be submitted. Current recipients of the Improving Teaching and Learning - Comprehensive School Reform Program and those campuses implementing comprehensive reform programs prior to school year 2004-2005 are not eligible to apply. Education service centers are eligible to apply as fiscal agents of an SSA of small schools serving a total of not more than 500 students in the SSA.

Description. The grant encourages schools to examine successful, externally-developed models for inclusion in their comprehensive school reform efforts - models that have well-researched and well- documented designs for schoolwide change and that have been replicated with proven results. Applicants are required to demonstrate in the application the implementation of 11 federal statutory program components, listed in P.L. 107-110, Title I, Part F, related to carrying out comprehensive school reform.

Dates of Project. The Improving Teaching and Learning - The Texas Title I Comprehensive School Reform Program will be implemented during the 2004-2005 through 2006-2007 school years. Applicants should plan for a starting date of no earlier than July 1, 2004, and an ending date of no later than June 30, 2007.

Funding Amount. Funding will be provided for approximately 187 projects. Applicants may apply for not less than $50,000 and not more than $150,000 for the 2004-2005 school year for each grant submitted on behalf of an individual campus. Applicants will apply for a three-year grant, with funding for the second and third years contingent upon satisfactory progress in the previous year and contingent upon appropriations by the U.S. Congress. This project is 100% federally funded. Funding has not yet been appropriated by the U.S. Congress; however, the Texas Education Agency has elected to solicit grant applications to enable projects to begin July 1, 2004, should funds be appropriated.

Selection Criteria. Applications will be selected based on the independent reviewers' assessment of each applicant's ability to carry out all requirements contained in the RFA. Reviewers will evaluate applications based on the overall quality and validity of the proposed grant program and the extent to which the application addresses the primary objective, program goals, and intent of the project. Applications must address each requirement as specified in the RFA to be considered for funding. The TEA reserves the right to select from the highest ranking applications those that address all requirements in the RFA and that are most advantageous to the project.

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

Requesting the Application. A complete copy of RFA #701-04-012 may be obtained by writing the Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas, 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e- mailing dcc@tea.state.tx.us. Please refer to the RFA number and title in your request. Provide your name, complete mailing address, and phone number including area code. The announcement letter and complete RFA will also be posted on the Texas Education Agency website at http://www.tea.state.tx.us/grant/announcements/grants2.cgi for viewing and downloading.

Further Information. For clarifying information about the RFA, contact Sam Lester in the Division of No Child Left Behind Program Coordination, Texas Education Agency, (512) 463-9374.

Deadline for Receipt of Applications. Applications must be received in the Document Control Center of the Texas Education Agency by 5:00 p.m. (Central Time), Tuesday, March 16, 2004, to be considered for funding.

TRD-200400221

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: January 14, 2004


Texas Commission on Environmental Quality

Notice of Deletion of Kingsbury Metal Finishing, Inc. Proposed State Superfund Site from the State Superfund Registry

The executive director (ED) of the Texas Commission on Environmental Quality (TCEQ or commission) is issuing this notice of deletion of the Kingsbury Metal Finishing, Inc. (the Site) from its proposed-for-listing status on the state Superfund registry. The state Superfund registry lists the contaminated sites which may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment.

The Site was originally proposed for listing on the state Superfund registry in the January 19, 2001 issue of the Texas Register (26 TexReg 844). The site, including all land, structures, appurtenances, and other improvements, is located approximately 1/2 mile south of the intersection of Farm-to-Market (FM) Road 1104 with US Highway 90, at 1720 FM 1104, approximately 3/4 mile southeast of Kingsbury in Guadalupe County, Texas. The site also included any areas where hazardous substances had come to be located as a result, directly or indirectly, of releases of hazardous substances from the site.

Kingsbury Metal Finishing Company was an electroplating facility that began business in May 1986. The facility included four primary areas: the main processing building; the wastewater treatment area; the discharge area covered with fill; and the outdoor storage area. The main process building contained approximately 30 plating process tanks filled with mixed plating waste. The wastewater treatment area contained approximately seven tanks and 19 drums. The plating process tanks containing mixed plating waste, and wastewater treatment tanks and drums containing wastewater and sludge were removed by TCEQ.

As a result of the removal actions that have been performed at the site, the ED has determined that it no longer presents an imminent and substantial endangerment to public health and safety or the environment. Therefore, no further action is necessary at the site and the site is eligible for deletion from the state registry as provided by 30 TAC §335.344(c).

The site is appropriate for residential use according to 30 TAC Chapter 350, Texas Risk Reduction Program Rule.

In accordance with 30 TAC §335.344(b), the commission held a public meeting on December 11, 2003, at the Seguin City Hall Council Chambers, 205 North River, Seguin, Texas, to receive comments on the intended deletion of the Site. Comments which were received into the record were addressed at the public meeting by the commission. The complete public file, including a transcript of the public meeting, may be viewed during regular business hours at the commission's Records Management Center, Building E, First Floor, Records Customer Service, MC 199, 12100 Park 35 Circle, Austin, Texas 78753, (800) 633-9363 or (512) 239-2920. Fees are charged for photocopying file information.

All inquiries regarding the deletion of the site should be directed to Janie Montemayor, Community Relations, (800) 633-9363 or (512) 239-3844.

TRD-200400165

Paul Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: January 9, 2004


Notice of District Petition

Notice mailed January 2, 2004.

Texas Commission on Environmental Quality Internal Control No. 12162003-D01; LM Land Holdings, LP and LM Development, LP (Petitioners) filed a petition for creation of Fort Bend County Municipal Utility District No. 146 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioners are the owners of a majority in value of the land to be included in the proposed District; (2) there is one lienholder, Washington Mutual Bank, F.A., on the property to be included in the proposed District, and Washington Mutual Bank, F.A. has consented to the petition; (3) the proposed District will contain approximately 395.36 acres located within Fort Bend County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Houston, Texas, and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. By Ordinance No. 2003-985, effective October 28, 2003, the City of Houston, Texas gave its consent to the creation of the proposed District and authorized the Petitioners to initiate proceedings to create such political subdivision within its jurisdiction. According to the petition, the Petitioners have conducted a preliminary investigation to determine the cost of the project, and from the information available at the time, the cost of the project is estimated to be approximately $31,900,000.

INFORMATION SECTION

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

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

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

TRD-200400224

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: January 14, 2004


Notice of Meeting on February 26, 2004 in Corpus Christi, Texas Concerning the Industrial Road/Industrial Metals Facility

The purpose of the meeting is to obtain public input and information concerning proposal of the facility to the state registry of Superfund sites and proposal of non-residential land use.

The Texas Commission on Environmental Quality (TCEQ or commission) is required under Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361, as amended (the Act), to annually publish a state registry that identifies facilities that may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment. The most recent registry listing of these facilities was published in the September 19, 2003 issue of the Texas Register (28 TexReg 8175).

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

This publication also specifies the general nature of the potential endangerment to public health and safety or the environment as determined by information currently available to the executive director. This notice of intent to list this facility was also published on January 23, 2004, in the Corpus Christi Caller Times .

The facility proposed for listing is the Industrial Road/Industrial Metals Site, located at 3000 Agnes, Corpus Christi, Nueces County, Texas. The geographic coordinates of the site are 27 degrees 47 minutes 13 seconds North, 97 degrees 25 minutes 28 seconds West. The description of the site is based on information available at the time the site was evaluated with the Hazard Ranking System (HRS). The HRS is the principal screening guide used by the commission to evaluate potential, relative risk to public health and the environment from releases or threatened releases of hazardous substances. The site description may change as additional information is gathered on the sources and extent of contamination.

The Industrial Road/Industrial Metals Site consists of approximately eight acres of land located at 3000 Agnes Street, approximately 0.3 miles west of North Port Avenue in Corpus Christi, Nueces County, Texas. The northern portion of the site has been referred to as the Industrial Road tract and the southern portion as the Industrial Metals tract.

From 1937 to approximately 1980, the site was operated by various business entities including: General Export Iron and Metal; Metals, Inc.; Gulf Metals Industries, Inc.; Anglo Iron and Metal Company; Industrial Metal Trading Company; and Industrial Salvage Company. Operations at the site included the salvaging of scrap metal and electrical transformers and the cracking or shredding, acid neutralization, and salvaging of lead batteries.

From approximately 1981, various county, state, and federal government agencies have conducted, or required the owners to conduct, a number of inspections and sampling investigations resulting in the discovery of high concentrations of lead and Polychorinated Biphenyls (PCBs) on the site. The site was referred to the Texas Office of the Attorney General for an enforcement action in 1981.

Under the oversight of the Texas Office of the Attorney General and the TCEQ (including predecessor agencies), on-site corrective actions were undertaken by certain parties including: removal of soils contaminated with lead and PCB above action levels, backfilling portions of the site and construction of a plastic and concrete cap on the Industrial Metals tract; and a clay cap on the Industrial Road tract. These actions were completed by September 1990.

In 1991 and 1999, the United States Environmental Protection Agency (EPA) collected soil samples from the neighborhood in the vicinity of the site. In November 2000, EPA notified the TCEQ that further response action would be the responsibility of TCEQ. In 2002 and 2003, the TCEQ removed contaminated soils from residential yards near the site.

The site was evaluated to be eligible for the state registry by the HRS based on soil exposure pathway. Because the site is eligible for listing on the state registry, a remedial investigation and feasibility study will be conducted to further evaluate the groundwater, surface water, and air exposure pathways which were not evaluated for the HRS.

A public meeting will be held February 26, 2004, at 7:00 p.m. at the Miller High School Cafetorium, 1 Battlin' Buc Boulevard, Corpus Christi, Texas. The purpose of this meeting is to obtain additional information regarding the site relative to its eligibility for listing on the state registry, identify additional potentially responsible parties, and obtain public input and information regarding the appropriate use of land on which the facility is located. The public meeting will be legislative in nature and not a contested case hearing under the Texas Administrative Procedure Act, Texas Government Code, Chapter 2001.

All persons desiring to make comments may do so prior to or at the public meeting. All comments submitted prior to the public meeting must be received by 5:00 p.m., February 26, 2004, and should be sent in writing to Mr. Jeffrey E. Patterson, Project Manager, Texas Commission on Environmental Quality, Remediation Division, MC 143, P. O. Box 13087, Austin, Texas 78711-3087 or facsimile (512) 239-2450. The public comment period for this action will end at the close of the public meeting on February 26, 2004.

A portion of the record for this site, including documents pertinent to the executive director's determination of eligibility, is available for review at the Corpus Christi Central Library, 805 Comanche, (361) 880-7000, during regular business hours. Copies of the complete public record file may be obtained during regular business hours at the commission's Records Management Center, Records Customer Service, Building E, First Floor, 12100 Park 35 Circle, Austin, Texas, (800) 633- 9363 or (512) 239-2920. Photocopying of file information is subject to payment of a fee. Parking for persons with disabilities is available on the east side of Building D, convenient to access ramps that are between Buildings D and E.

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

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact the agency at (800) 633-9363 or (512) 239-2463. Requests should be made as far in advance as possible.

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

TRD-200400199

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: January 13, 2004


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 Order (DO). 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 February 23, 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 February 23, 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 DO and/or the comment procedure at the listed phone numbers; however, comments on the DO should be submitted to the commission in writing .

(1) COMPANY: The Revocation of Cicero Patton's Class C Wastewater License and Class C Groundwater License; DOCKET NUMBER: 2003-0652-WOC-E; TCEQ ID NUMBER: 453-82- 6777; LOCATION: 140 West Clark, Post Office Drawer H, Bartlett, Williamson, and Bell County, Texas; TYPE OF FACILITY: City of Bartlett's groundwater facility located in Williamson County and City of Bartlett's wastewater facility located in Bell County; RULES VIOLATED: 30 TAC §30.33(c) and TWC, §7.303(b)(2), by committing fraud or deceit in obtaining his Class C Wastewater and Class C Groundwater licenses; PENALTY: $0; revocation of license; STAFF ATTORNEY: Gitanjali Yadav, Litigation Division, MC 175, (512) 239-2029; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339- 2929 and Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

TRD-200400211

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: January 13, 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 February 23, 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 February 23, 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: Panjwani Enterprises, Inc. dba Conoco Truck Stop; DOCKET NUMBER: 2002-0454-PST-E; TCEQ ID NUMBER: 0000939; LOCATION: 8901 South Interstate Highway 45, Conroe, Montgomery County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and (2)(A) and TWC, §26.3475, by failing to provide release detection for diesel tanks; and 30 TAC §334.48(c) and §334.50(d)(1)(B)(ii), by failing to reconcile inventory control records for diesel tanks on a monthly basis and failing to conduct proper automatic inventory control procedures for those tanks; PENALTY: $10,000; STAFF ATTORNEY: Alfred Okpohworho, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY: Uppal Brothers, Inc. dba Save Way Food Mart; DOCKET NUMBER: 2002- 0860-PST-E; TCEQ ID NUMBER: 44704; LOCATION: 6620 Brentwood Stair, Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.242(3)(A) and Texas Health and Safety Code (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(9) and THSC, §382.085(b), by failing to post clear and legible operating instructions and related information on gasoline pumps equipped with a Stage II vapor recovery system; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to perform an annual pressure decay test within the preceding 12-month period; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to successfully perform the five-year full system functional testing to verify proper operation of the Stage II vapor recovery system; and 30 TAC §334.22(a), by failing to pay outstanding underground storage tank fees; PENALTY: $6,250; 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.

TRD-200400210

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: January 13, 2004


Texas Department of Health

Annual Republication of the Texas Schedules of Controlled Substances

PURSUANT TO THE TEXAS CONTROLLED SUBSTANCES ACT, HEALTH AND SAFETY CODE, CHAPTER 481, THESE SCHEDULES, ESTABLISHED JANUARY 1, 2004, SUPERCEDE PREVIOUS SCHEDULES AND CONTAIN THE MOST CURRENT VERSION OF THE SCHEDULES OF ALL CONTROLLED SUBSTANCES FROM THE PREVIOUS SCHEDULES AND MODIFICATIONS. THESE SCHEDULES HAVE BEEN SIGNED BY DR. EDUARDO SANCHEZ, COMMISSIONER OF HEALTH, AND WILL BE EFFECTIVE 21 DAYS AFTER PUBLICATION OF THIS NOTICE IN THE TEXAS REGISTER.

January 1, 2004

Changes to the schedules are designated by an asterisk (*). Additional information can be obtained by contacting the Texas Department of Health, Bureau of Food and Drug Safety, 1100 West 49th Street, Austin, Texas 78756. The telephone number is (512) 719-0237 and the website address is .

SCHEDULES

Nomenclature: Controlled substances listed in these schedules are included by whatever official, common, usual, chemical, or trade name they may be designated.

SCHEDULE I

Schedule I consists of:

Schedule I opiates

the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, if the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:

(1) Acetyl-alpha-methylfentanyl (N-(1-(1-methyl-2-phenethyl)- 4-piperidinyl)- N- phenylacetamide);

(2) Allylprodine;

(3) Alphacetylmethadol (except levo-alphacetylmethadol, also known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM);

(4) Alpha-methylfentanyl or any other derivative of Fentanyl;

(5) Alpha-methylthiofentanyl (N-(1-methyl-2-(2-thienyl) ethyl-4-piperidinyl)-N- phenyl-propanamide);

(6) Benzethidine;

(7) Beta-hydroxyfentanyl (N-(1-(2-hydroxy-2-phenethyl)-4-piperidinyl)-N-phenyl-propanamide);

(8) Beta-hydroxy-3-methylfentanyl (N-(1-(2-hydroxy-2-phenethyl)-3- methyl- 4- piperidinyl)-N- phenylpropanamide);

(9) Betaprodine;

(10) Clonitazene;

(11) Diampromide;

(12) Diethylthiambutene;

(13) Difenoxin;

(14) Dimenoxadol;

(15) Dimethylthiambutene;

(16) Dioxaphetyl butyrate;

(17) Dipipanone;

(18) Ethylmethylthiambutene;

(19) Etonitazene;

(20) Etoxeridine;

(21) Furethidine;

(22) Hydroxypethidine;

(23) Ketobemidone;

(24) Levophenacylmorphan;

(25) Meprodine;

(26) Methadol;

(27) 3-methylfentanyl (N-(3-methyl-1-(2-phenylethyl)-4-piperidyl)-N- phenylpropanamide), its optical and geometric isomers;

(28) 3-methylthiofentanyl (N-(3-methyl-1-(2-thienyl)ethyl-4-piperidinyl)-N- phenylpropanamide);

(29) Moramide;

(30) Morpheridine;

(31) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);

(32) Noracymethadol;

(33) Norlevorphanol;

(34) Normethadone;

(35) Norpipanone;

(36) Para-fluorofentanyl (N-(4-fluorophenyl)-N-(1-(2-phenethyl)-4-piperidinyl)- propanamide);

(37) PEPAP (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine);

(38) Phenadoxone;

(39) Phenampromide;

(40) Phencyclidine;

(41) Phenomorphan;

(42) Phenoperidine;

(43) Piritramide;

(44) Proheptazine;

(45) Properidine;

(46) Propiram;

(47) Thiofentanyl (N-phenyl-N-(1-(2-thienyl)ethyl-4-piperidinyl)-propanamide);

(48) Tilidine; and

(49) Trimeperidine;

Schedule I opium derivatives

the following opium derivatives, their salts, isomers, and salts of isomers, unless specifically excepted, if the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Acetorphine;

(2) Acetyldihydrocodeine;

(3) Benzylmorphine;

(4) Codeine methylbromide;

(5) Codeine-N-Oxide;

(6) Cyprenorphine;

(7) Desomorphine;

(8) Dihydromorphine;

(9) Drotebanol;

(10) Etorphine (except hydrochloride salt);

(11) Heroin;

(12) Hydromorphinol;

(13) Methyldesorphine;

(14) Methyldihydromorphine;

(15) Monoacetylmorphine;

(16) Morphine methylbromide;

(17) Morphine methylsulfonate;

(18) Morphine-N-Oxide;

(19) Myrophine;

(20) Nicocodeine;

(21) Nicomorphine;

(22) Normorphine;

(23) Pholcodine; and

(24) Thebacon;

Schedule I hallucinogenic substances

unless specifically excepted or unless listed in another schedule, a material, compound, mixture, or preparation that contains any quantity of the following hallucinogenic substances or that contains any of the substance's salts, isomers, and salts of isomers if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation (for the purposes of this Schedule I hallucinogenic substances section only, the term "isomer" includes optical, position, and geometric isomers):

(1) Alpha-ethyltryptamine (some trade or other names: etryptamine; Monase; alpha-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole; alpha-ET; AET);

*(2) alpha-methyltryptamine (AMT), its isomers, salts, and salts of isomers;

(3) 4-bromo-2,5-dimethoxyamphetamine (some trade or other names: 4-bromo-2,5- dimethoxy-alpha-methylphenethylamine; 4-bromo-2,5-DMA);

(4) 4-bromo-2,5-dimethoxyphenethylamine (some trade or other names: Nexus; 2C-B; 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha-desmethyl DOB);

(5) 2,5-dimethoxyamphetamine (some trade or other names: 2,5-dimethoxy- alpha-methylphenethylamine; 2,5-DMA);

(6) 2,5-dimethoxy-4-ethylamphetamine (some trade or other names: DOET);

(7) 2,5-dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7), its optical isomers, salts and salts of isomers;

*(8) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DIPT), its isomers, salts, and salts of isomers;

(9) 5-methoxy-3,4-methylenedioxy-amphetamine;

(10) 4-methoxyamphetamine (some trade or other names: 4-methoxy-alpha- methylphenethylamine; paramethoxyamphetamine; PMA);

(11) 1-methyl-4-phenyl-1,2,5,6-tetrahydro-pyridine (MPTP);

(12) 4-methyl-2,5-dimethoxyamphetamine (some trade and other names: 4-methyl-2,5-dimethoxy-alpha-methyl-phenethylamine; "DOM"; and "STP");

(13) 3,4-methylenedioxy-amphetamine;

(14) 3,4-methylenedioxy-methamphetamine (MDMA, MDM);

(15) 3,4-methylenedioxy-N-ethylamphetamine (some trade or other names: N-ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine; N-ethyl MDA; MDE; MDEA);

(16) 3,4,5-trimethoxy amphetamine;

(17) N-hydroxy-3,4-methylenedioxyamphetamine (Also known as N-hydroxy MDA);

(18) Bufotenine (some trade and other names: 3-(beta-Dimethylaminoethyl)-5- hydroxyindole; 3-(2-dimethylaminoethyl)-5-indolol; N,N-dimethylserotonin; 5-hydroxy- N,N-dimethyltryptamine; mappine);

(19) Diethyltryptamine (some trade and other names: N,N-Diethyltryptamine; DET);

(20) Dimethyltryptamine (some trade and other names: DMT);

(21) Ethylamine Analog of Phencyclidine (some trade or other names: N-ethyl-1- phenylcyclohexylamine; (1-phenylcyclohexyl) ethylamine; N-(1-phenylcyclohexyl)-ethylamine; cyclohexamine; PCE);

(22) Ibogaine (some trade or other names: 7-Ethyl-6,6-beta, 7,8,9,10,12,13-octhydro-2-methoxy-6,9-methano-5H-pyrido[1',2':1,2] azepino [5,4-b] indole; taber-nanthe iboga);

(23) Lysergic acid diethylamide;

(24) Marihuana;

(25) Mescaline;

(26) N-ethyl-3-piperidyl benzilate;

(27) N-methyl-3-piperidyl benzilate;

(28) Parahexyl (some trade or other names: 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo (b,d) pyran; Synhexyl);

(29) Peyote, unless unharvested and growing in its natural state, meaning all parts of the plant classified botanically as Lophophora , whether growing or not, the seeds of the plant, an extract from a part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or extracts;

(30) Psilocybin;

(31) Psilocin;

(32) Pyrrolidine analog of phencyclidine (some trade or other names: 1-(1-phenyl- cyclohexyl)-pyrrolidine, PCPy, PHP);

*(33) Tetrahydrocannabinols

Meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the cannabis plant, or in the resinous extractives of such plant, and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant, such as the following:

1 cis or trans tetrahydrocannabinol, and their optical isomers

6 cis or trans tetrahydrocannabinol, and their optical isomers

3,4 cis or trans tetrahydrocannabinol, and its optical isomers;

(Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered.);

(34) Thiophene analog of phencyclidine (some trade or other names: 1-(1-(2-thienyl) cyclohexyl) piperidine; 2-thienyl analog of phencyclidine; TPCP);

(35) 1-(1-(2-thienyl)cyclohexyl]pyrrolidine (some trade or other names: TCPy); and,

(36) 1-(3-trifluoromethylphenyl) piperazine (other names:TFMPP), its optical isomers, salts and salts of isomers.

Schedule I stimulants

unless specifically excepted or unless listed in another schedule, a material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including the substance's salts, isomers, and salts of isomers if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Aminorex (some other names: aminoxaphen; 2-amino-5-phenyl-2-oxazoline; 4,5-dihydro- 5-phenyl-2-oxazolamine);

(2) Cathinone (some trade or other names: 2-amino-1-phenyl-1-propanone; alpha- aminopropiophenone; 2-aminopropiophenone and norephedrone);

(3) Fenethylline;

(4) Methcathinone (some other names: 2-(methylamino)-propiophenone; alpha- (methylamino) propiophenone; 2-(methylamino)-1-phenylpropan-1-one; alpha-N-methylaminopropiophenone; monomethylpropion; ephedrone; N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR1432);

(5) 4-methylaminorex;

(6) N-ethylamphetamine; and

(7) N,N-dimethylamphetamine (some other names: N,N-alpha-trimethylbenzene- ethaneamine; N,N-alpha-trimethylphenethylamine).

Schedule I depressants

unless specifically excepted or unless listed in another schedule, a material, compound, mixture, or preparation that contains any quantity of the following substances having a depressant effect on the central nervous system, including the substance's salts, isomers, and salts of isomers if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Gamma-hydroxybutyric acid (some other names include GHB; gamma-hydroxybutyrate; 4-hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate)

(2) Mecloqualone; and

(3) Methaqualone.

SCHEDULE II

Schedule II consists of:

Schedule II substances, vegetable origin or chemical synthesis

the following substances, however produced, except those narcotic drugs listed in other schedules:

(1) Opium and opiate, and a salt, compound, derivative, or preparation of opium or opiate, other than thebaine-derived butorphanol, naloxone and its salts, naltrexone and its salts, and nalmefene and its salts, but including:

(1-1) Codeine;

(1-2) Dihydroetorphine;

(1-3) Ethylmorphine;

(1-4) Etorphine hydrochloride;

(1-5) Granulated opium;

(1-6) Hydrocodone;

(1-7) Hydromorphone;

(1-8) Metopon;

(1-9) Morphine;

(1-10) Opium extracts;

(1-11) Opium fluid extracts;

(1-12) Oxycodone;

(1-13) Oxymorphone;

(1-14) Powdered opium;

(1-15) Raw opium;

(1-16) Thebaine; and

(1-17) Tincture of opium;

(2) a salt, compound, isomer, derivative, or preparation of a substance that is chemically equivalent or identical to a substance described by Paragraph (1) of Schedule II substances, vegetable origin or chemical synthesis, other than the isoquinoline alkaloids of opium;

(3) Opium poppy and poppy straw;

(4) Cocaine, including:

(4-1) its salts, its optical, position, and geometric isomers, and the salts of those isomers; and

(4-2) coca leaves and a salt, compound, derivative, or preparation of coca leaves that is chemically equivalent or identical to a substance described by this paragraph, other than decocainized coca leaves or extractions of coca leaves that do not contain cocaine or ecgonine; and,

(5) Concentrate of poppy straw, meaning the crude extract of poppy straw in liquid, solid, or powder form that contains the phenanthrene alkaloids of the opium poppy;

Opiates

the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, if the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:

(1) Alfentanil;

(2) Alphaprodine;

(3) Anileridine;

(4) Bezitramide;

(5) Carfentanil;

(6) Dextropropoxyphene, bulk (nondosage form);

(7) Dihydrocodeine;

(8) Diphenoxylate;

(9) Fentanyl;

(10) Isomethadone;

(11) Levo-alphacetylmethadol (some trade or other names: levo-alpha-acetylmethadol, levomethadyl acetate, LAAM);

(12) Levomethorphan;

(13) Levorphanol;

(14) Metazocine;

(15) Methadone;

(16) Methadone-Intermediate, 4-cyano-2-dimethylamino-4,4-diphenyl butane;

(17) Moramide-Intermediate, 2-methyl-3-morpholino-1,1-diphenyl-propane-carboxylic acid;

(18) Pethidine (meperidine);

(19) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;

(20) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;

(21) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;

(22) Phenazocine;

(23) Piminodine;

(24) Racemethorphan;

(25) Racemorphan;

(26) Remifentanil; and

(27) Sufentanil;

Schedule II stimulants

unless listed in another schedule and except as provided by the Texas Controlled Substances Act, Health and Safety Code, §481.033, a material, compound, mixture, or preparation that contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system:

(1) Amphetamine, its salts, optical isomers, and salts of its optical isomers;

(2) Methamphetamine, including its salts, optical isomers, and salts of optical isomers;

(3) Methylphenidate and its salts; and

(4) Phenmetrazine and its salts;

Schedule II depressants

unless listed in another schedule, a material, compound, mixture or preparation that contains any quantity of the following substances having a depressant effect on the central nervous system, including the substance's salts, isomers, and salts of isomers if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Amobarbital;

(2) Glutethimide;

(3) Pentobarbital; and

(4) Secobarbital;

Schedule II hallucinogenic substances

Nabilone (Another name for nabilone: (±)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8, 10,10a-hexahydro-1-hydroxy-6,6-dimethyl-9H-dibenzo(b,d)pyran-9-one);

Schedule II precursors

unless specifically excepted or listed in another schedule, a material, compound, mixture, or preparation that contains any quantity of the following substances:

(1) Immediate precursor to methamphetamine:

(1-1) Phenylacetone and methylamine if possessed together with intent to manufacture methamphetamine;

(2) Immediate precursor to amphetamine and methamphetamine:

(2-1) Phenylacetone (some trade or other names: phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl ketone); and

(3) Immediate precursors to phencyclidine (PCP):

(3-1) 1-phenylcyclohexylamine; and

(3-2) 1-piperidinocyclohexanecarbonitrile (PCC).

SCHEDULE III

Schedule III consists of:

Schedule III depressants

unless listed in another schedule and except as provided by the Texas Controlled Substances Act, Health and Safety Code, Section 481.033, a material, compound, mixture, or preparation that contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:

(1) a compound, mixture, or preparation containing amobarbital, secobarbital, pentobarbital, or any of their salts and one or more active medicinal ingredients that are not listed in a schedule;

(2) a suppository dosage form containing amobarbital, secobarbital, pentobarbital, or any of their salts and approved by the Food and Drug Administration for marketing only as a suppository;

(3) a substance that contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid, except those substances that are specifically listed in other schedules;

(4) Chlorhexadol;

(5) Any drug product containing gamma hydroxybutyric acid, including its salts, isoners, and salts of isomers, for which an application is approved under §505 of the Federal Food Drug and Cosmetic Act:

(6) Ketamine, its salts, isomers, and salts of isomers. Some other names for ketamine: (±)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone;

(7) Lysergic acid;

(8) Lysergic acid amide;

(9) Methyprylon;

(10 Sulfondiethylmethane;

(11) Sulfonethylmethane;

(12 Sulfonmethane; and

(13 Tiletamine and zolazepam or any salt thereof. Some trade or other names for a tiletamine-zolazepam combination product: Telazol. Some trade or other names for tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone. Some trade or other names for zolazepam: 4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethyl-pyrazolo-(3,4-e)(1,4)-diazepin- 7(1H)-one, flupyrazapon;

Nalorphine

Schedule III narcotics

unless specifically excepted or unless listed in another schedule:

(1) a material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any of their salts:

(1-1) not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;

(1-2) not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

(1-3) not more than 300 milligrams of dihydrocodeinone (hydrocodone), or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium;

(1-4) not more than 300 milligrams of dihydrocodeinone (hydrocodone), or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

(1-5) not more than 1.8 grams of dihydrocodeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

(1-6) not more than 300 milligrams of ethylmorphine, or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts;

(1-7) not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts; and,

(1-8) not more than 50 milligrams of morphine, or any of its salts, per 100 milliliters or per 100 grams with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

(2) any material, compound, mixture, or preparation containing any of the following narcotic drugs or their salts:

(2-1) Buprenorphine

Schedule III stimulants

unless listed in another schedule, a material, compound, mixture or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including the substance's salts, optical, position, or geometric isomers, and salts of the substance's isomers, if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Benzphetamine;

(2) Chlorphentermine;

(3) Clortermine; and

(4) Phendimetrazine.

Schedule III anabolic steroids and hormones

anabolic steroids, including any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins, and corticosteroids) that promote muscle growth, and include the following:

(1) Boldenone;

(2) Chlorotestosterone (4-chlortestosterone);

(3) Clostebol;

(4) Dehydrochlormethyltestosterone;

(5) Dihydrotestosterone (4-dihydrotestosterone);

(6) Drostanolone;

(7) Ethylestrenol;

(8) Fluoxymesterone;

(9) Formebolone;

(10) Mesterolone;

(11) Methandienone;

(12) Methandranone;

(13) Methandriol;

(14) Methandrostenolone;

(15) Methenolone;

(16) Methyltestosterone;

(17) Mibolerone;

(18) Nandrolone;

(19) Norethandrolone;

(20) Oxandrolone;

(21) Oxymesterone;

(22) Oxymetholone;

(23) Stanolone;

(24) Stanozolol;

(25) Testolactone;

(26) Testosterone; and

(27) Trenbolone.

Schedule III hallucinogenic substances

(1) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in U.S. Food and Drug Administration approved drug product. (Some other names for dronabinol:(6aR-trans)-6a,7,8,10a-tetrahydro-6,6,9-tri-methyl-3-pentyl-6H- dibenzo(b,d)pyran-1-ol, or (-)-delta-9-(trans)-tetrahydrocannabinol).

SCHEDULE IV

Schedule IV consists of:

Schedule IV depressants

except as provided by the Texas Controlled Substances Act, Health and Safety Code, §481.033, a material, compound, mixture, or preparation that contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:

(1) Alprazolam;

(2) Barbital;

(3) Bromazepam;

(4) Camazepam;

(5) Chloral betaine;

(6) Chloral hydrate;

(7) Chlordiazepoxide;

(8) Clobazam;

(9) Clonazepam;

(10) Clorazepate;

(11) Clotiazepam;

(12) Cloxazolam;

(13) Delorazepam;

(14) Diazepam

(15) Dichloralphenazone;

(16) Estazolam;

(17) Ethchlorvynol;

(18) Ethinamate;

(19) Ethyl loflazepate;

(20) Fludiazepam;

(21) Flunitrazepam;

(22) Flurazepam;

(23) Halazepam;

(24) Haloxazolam;

(25) Ketazolam;

(26) Loprazolam;

(27) Lorazepam;

(28) Lormetazepam;

(29) Mebutamate;

(30) Medazepam;

(31) Meprobamate;

(32) Methohexital;

(33) Methylphenobarbital (mephobarbital);

(34) Midazolam;

(35) Nimetazepam;

(36) Nitrazepam;

(37) Nordiazepam;

(38) Oxazepam;

(39) Oxazolam;

(40) Paraldehyde;

(41) Petrichloral;

(42) Phenobarbital;

(43) Pinazepam;

(44) Prazepam;

(45) Quazepam;

(46) Temazepam;

(47) Tetrazepam;

(48) Triazolam;

(49) Zaleplon: and

(50) Zolpidem;

Schedule IV stimulants

unless listed in another schedule, a material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including the substance's salts, optical, position, or geometric isomers, and salts of those isomers if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Cathine ((+)-norpseudoephedrine);

(2) Diethylpropion;

(3) Fencamfamin;

(4) Fenfluramine;

(5) Fenproporex;

(6) Mazindol;

(7) Mefenorex;

(8) Modafinil;

(9) Pemoline (including organometallic complexes and their chelates);

(10) Phentermine;

(11) Pipradrol;

(12) SPA ((-)-1-dimethylamino-1,2-diphenylethane); and

(13) Sibutramine

Schedule IV narcotics

unless specifically excepted or unless listed in another schedule, a material, compound, mixture, or preparation containing limited quantities of the following narcotic drugs or their salts:

(1) Not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit; and

(2) Dextropropoxyphene (Alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2- propionoxybutane).

Schedule IV other substances

unless specifically excepted or unless listed in another schedule, a material, compound, substance's salts:

(1) Butorphanol, including its optical isomers; and

(2) Pentazocine, its salts, derivatives, compounds, or mixtures.

SCHEDULE V

Schedule V consists of:

Schedule V narcotics containing non-narcotic active medicinal ingredients

a compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs that also contain one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer on the compound, mixture or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:

(1) Not more than 200 milligrams of codeine, or any of its salts, per 100 milliliters or per 100 grams;

(2) Not more than 100 milligrams of dihydrocodeine, or any of its salts, per 100 milliliters or per 100 grams;

(3) Not more than 100 milligrams of ethylmorphine, or any of its salts, per 100 milliliters or per 100 grams;

(4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit;

(5) Not more than 15 milligrams of opium per 29.5729 milliliters or per 28.35 grams; and

(6) Not more than 0.5 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit;

Schedule V stimulants

unless specifically exempted or excluded or unless listed in another schedule, a compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers and salts of isomers:

Pyrovalerone.

TRD-200400201

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: January 13, 2004


Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on Raba-Kistner Consultants, Inc.

Notice is hereby given that the Bureau of Radiation Control (bureau), Texas Department of Health (department), issued a notice of violation and proposal to assess an administrative penalty to Raba-Kistner Consultants, Inc., (licensee-L01571) of San Antonio. A total penalty of $12,000 is proposed to be assessed the licensee for alleged violations of 25 Texas Administrative Code, Chapter 289.

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

TRD-200400222

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: January 14, 2004


Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation to Robert W. Buchanan, D.C., dba 34th Street Chiropractic

Notice is hereby given that the Bureau of Radiation Control (bureau), Texas Department of Health (department), issued a notice of violation and proposal to assess an administrative penalty to Robert W. Buchanan, D.C., doing business as 34th Street Chiropractic (registrant-R20355) of Lubbock. A total penalty of $9,000 is proposed to be assessed the registrant for alleged violations of 25 Texas Administrative Code, Chapter 289.

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

TRD-200400202

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: January 13, 2004


Notice of Public Meetings Concerning the Proposed Health and Human Services Department Organizational Structure

Purpose. The Texas Health and Human Services Commission will conduct a series of public meetings to receive public comment on the proposed organizational structures of state health and human services departments created under House Bill No. 2292, 78th Legislature. The newly created departments are the Department of Family and Protective Services, Department of Assistive and Rehabilitative Services, Department of Aging and Disability Services, Department of State Health Services. The Health and Human Services Commission, in conjunction with current health and human services agencies, is developing proposed organizational structures for each new department. Copies of the proposed organizational structure for each new department will be posted on the Health and Human Services Commission's web site at http://www.hhsc.state.tx.us/Consolidation/Consl_home.html once available.

The Department of Aging and Disability Services and the Department of State Health Services will hold joint public meetings on the following dates, times, and locations:

Agenda. The agenda for each public meeting is as follows: Welcome and Introduction; Overview of proposed agency organizational structure; Public comment and testimony. (Oral comments are limited to three minutes.)

Date: January 29, 2004

Agency and Time: Department of Aging and Disability Services, 3:00 p.m. to 5:00 p.m.

Agency and Time: Department of State Health Services, 5:00 p.m. to 7:00 p.m.

Additional comment time if needed for either agency: 7:00 p.m. to 8:00 p.m.

Location: Valley Baptist Medical Center, Woodward Conference Room, 2101 Pease Street, Harlingen, Texas

Contact: Carol Cornelison, (956) 423-0130, Carol.Cornelison@hhsc.state.tx.us

Date: January 30, 2004

Agency and Time: Department of Aging and Disability Services, 3:00 p.m. to 5:00 p.m.

Agency and Time: Department of State Health Services, 5:00 p.m. to 7:00 p.m.

Additional comment time if needed for either agency: 7:00 p.m. to 8:00 p.m.

Location: Bob Duncan Community Center, 2800 South Center Street (inside Vandergriff Park), Arlington, Texas

Contact: Jan Havins, (817) 264-4503, Jan.Havins@tdh.state.tx.us

Date: February 3, 2004

Agency and Time: Department of Aging and Disability Services, 1:00 p.m. to 3:00 p.m.

Agency and Time: Department of State Health Services, 3:00 p.m. to 5:00 p.m.

Additional comment time if needed for either agency: 5:00 p.m. to 7:00 p.m.

Location: Texas Department of Human Services, Winters Building, Board Room, 701 West 51st Street, Austin, Texas

Contact: Barrett Markland, (512) 438-5419, Barrett.Markland@dhs.state.tx.us

Date: February 4, 2004

Agency and Time: Department of Aging and Disability Services, 3:00 p.m. to 5:00 p.m.

Agency and Time: Department of State Health Services, 5:00 p.m. to 7:00 p.m.

Additional comment time if needed for either agency: 7:00 p.m. to 8:00 p.m.

Location: Texas Medical Center, Hornberger Conference Center, 2151 W. Holcombe Blvd., Houston, Texas

Contact: Greta Etnyre, (713) 767-3019, Greta.Etnyre@tdh.state.tx.us

Date: February 5, 2004

Agency and Time: Department of Aging and Disability Services, 3:00 p.m. to 5:00 p.m.

Agency and Time: Department of State Health Services, 5:00 p.m. to 7:00 p.m.

Additional comment time if needed for either agency: 7:00 p.m. to 8:00 p.m.

Location: El Paso Community College, Administrative Building, 9050 Viscount Blvd., El Paso, Texas

Contact: Kaye Moore (915) 834-7752, Kaye.Moore@hhsc.state.tx.us

Comments. The public is invited to submit written comments regarding the proposed organizational structures for the new departments until 5:00 p.m. the day of the meeting. Written comments may be delivered by U.S. mail or express delivery to the attention of the Program Management Office, Health and Human Services Commission, P. O. Box 13247, Austin, Texas 78711. Hand deliveries will be accepted at 4900 North Lamar Boulevard, Fourth Floor, Austin, Texas 78751. Alternatively, written comments may be delivered via facsimile at (512) 424-6974.

For ADA assistance, please contact Redge Westbrook, Office of Civil Rights, (512) 458-7627, toll free (888) 388-6332, or TDD (877) 432-7232, at least four days prior to the meeting.

TRD-200400239

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: January 14, 2004


Texas Health and Human Services Commission

Notice of Hearing on Proposed Provider Payment Rates

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on February 10, 2004, to receive public comment on proposed payment rates for the Residential Care (RC) Program. This program is operated by the Texas Department of Human Services (DHS). These payment rates are proposed to be effective March 1, 2004. The hearing will be held in compliance with Title 40 of the Texas Administrative Code (TAC) §20.105(g), which requires public hearings on proposed payment rates. The public hearing will be held on February 10, 2004, at 9:00 a.m. in the Public Hearing Room of the Braker Center Building H, at 11209 Metric Boulevard, Austin, Texas 78758-4021. The hearing may conclude as early as 9:15 a.m. if no commenters have appeared by that time. Written comments regarding payment rates may be submitted in lieu of testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Tony Arreola, HHSC Rate Analysis, MC H-400, 1100 West 49th Street, Austin, Texas 78756-3101. Express mail can be sent, or written comments can be hand delivered, to Mr. Arreola, HHSC Rate Analysis, MC H-400, Braker Center Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021. Alternatively, written comments may be sent via facsimile to Mr. Arreola at (512) 491-1998. Interested parties may request to have mailed to them or may pick up a briefing package concerning the proposed payment rates by contacting Tony Arreola, HHSC Rate Analysis, MC H-400, 1100 West 49th Street, Austin, Texas 78756-3101, telephone number (512) 491-1358.

Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Tony Arreola, HHSC Rate Analysis, MC H-400, 1100 West 49th Street, Austin, Texas 78756-3101, telephone number (512) 491-1358, by February 4, 2004, so that appropriate arrangements can be made.

Proposal. The proposed payment rates adjust for the increase in the Supplemental Security Income (SSI) Federal Benefit Rate, which clients began receiving effective January 1, 2004. The effect of this proposal is that the clients will use the increase in their SSI Federal Benefit Rate amount to increase their room-and-board payment, thereby covering a greater share of the rate and reducing the DHS share of the rate. The total payment to the provider of service will not change and there are no adjustments to the rates due to inflation.

Methodology and justification. The proposed rates were determined in accordance with the rate reimbursement setting methodology at 40 TAC §46.27(c) for the RC Program.

TRD-200400198

Steve Aragón

General Counsel

Texas Health and Human Services Commission

Filed: January 13, 2004


Texas Higher Education Coordinating Board

GO Center Project: RFP for First Generation College Student Involvement - Request for Grant Proposals

The College for Texans Campaign of the Texas Higher Education Coordinating Board (THECB) and the College for All Texans Foundation: Closing the Gaps ("foundation") invite institutions of higher education, as defined in Texas Education Code, Section 61.003(8), and private or independent institutions of higher education, as defined in Texas Education Code, Section 61.003(15), all hereinafter referred to as "grantee" or "grantees," to participate in the campaign's GO Center project.

The College for Texans Campaign resulted from Senate Bill 573 (passed in the 77th legislative session of 2001, and codified in the Texas Education Code, at Section 61.951). Senate Bill 573 requires that THECB administer a statewide campaign to assure that parents and students understand the importance of higher education and how to prepare for it academically and financially. The campaign is one of the major strategies of Texas' education plan called Closing the Gaps by 2015. The goal of the campaign is to bring into higher education by 2015 an additional 300,000 people prepared to succeed who are not expected, based on current enrollment trends, to enroll in a Texas college or university. Visit www.Education-GoGetIt.com to learn more about the campaign. The College for All Texans Foundation: Closing the Gaps is a private nonprofit foundation established by Coordinating Board members with the mission of financially supporting the College for Texans Campaign.

GO CENTER PROJECT

In the summer of 2003, the College for Texans Campaign partnered with several higher education institutions, public schools, Texas Campus Compact, Tech Prep, GEAR-UP, LULAC, VISTA, ENLACE, Communities-in-Schools, and other organizations to launch 40 high school GO Centers (see www.gocenter.info).

GO Centers are located in high schools; however, institutions of higher education and college students play an important role in the project. The purpose of the GO Center project is to create a statewide network of trained college students and college-bound high school students, called the G-Force, who mentor middle and high school students to develop and follow a personal high school graduation and higher education plan.

THECB has issued a Request for Grant Proposals for the GO Center project. Funds will be designated to support college student participation in the GO Center project through scholarships for G-Force members, work-study matching funds and other funding mechanisms available to grantees. Go to www.gocenter.info for a copy of a Request for Grant Proposals or call 512-427-6271.

TRD-200400171

Jan Greenberg

General Counsel

Texas Higher Education Coordinating Board

Filed: January 9, 2004


2nd Call: Request for Proposals (RFP) 2004-2005 Teacher Quality Grants - Type A, Under Title II - Part A, Teacher Quality Grants, of the No Child Left Behind Act of 2001 (P.L. 107-110)

Approximately $3.6 million will be available in Type A grants to support the development of uniform teacher training modules in mathematics and science for teachers of grades 6 - 12, during 2004-2005. This is the second request for a proposal for a high school Chemistry module, to be funded with up to $300,000 under a Teacher Quality - Type A Grant award.

Funds will be competitively distributed in Texas through the Teacher Quality Grants Program, and through joint efforts of the Texas Higher Education Coordinating Board and the Texas Education Agency. The Teacher Quality Grants Program was most recently reauthorized in 2001 as Title II - Part A of the NO CHILD LEFT BEHIND ACT. Proposals for funding in this second call for a Chemistry proposal under Type A awards must be submitted by January 24, 2004 to the Texas Higher Education Coordinating Board. Applications for Type A awards are available currently on the website of the Coordinating Board; proposals for a Chemistry Type A award must adhere to the timeline for completion of work, as described in the current RFP.

The Teacher Quality Grants - Type A are designed to support the development and implementation of 12 uniform and comprehensive teacher training modules which are aligned with the Texas Essential Knowledge and Skills and can be used for professional development of teachers of grades 6 - 12. The 12 modules include: Middle School Math, Part I; Middle School Math, Part II; Middle School Science, Part I; Middle School Science, Part II; Algebra I; Geometry; Algebra II; Pre-calculus; Biology; Chemistry; Physics; and Integrated Physics and Chemistry (IPC). Twelve grants awards of up to $300,000 each will be made to support the development of these modules. The development of the modules must include collaborative efforts between higher education institutions and local school districts in the areas of mathematics and science. Teacher Quality -Type B grants will be awarded for 2004 - 2005 to support the use of the uniform teacher training modules in summer institutes around the state (and for academic year follow-up) for teachers of math and science grades 6 - 12. The RFP for Teacher Quality- Type B grants of up to $80,000 each is available on the Coordinating Board website, and has a closing date of February 6, 2004.

Notification to the successful applicant for the Chemistry Teacher Quality - Type A Grant Award will be given as soon after January 24, 2004 as possible. Projects funded under Type A applications are for up to 12 months. The Board will approve recommendation for 2004-2005 Type B awards at its April 24-25, 2004 meeting. Projects funded under Type B applications are for up to 17 months.

All public and private colleges and universities and non-profit organizations of proven effectiveness in educating secondary mathematics and science teachers are eligible to apply for Type A and Type B grants under the Teacher Quality Grants Program. For information, contact the Teacher Quality Grants office at (512) 427-6318.

TRD-200400172

Jan Greenberg

General Counsel

Texas Higher Education Coordinating Board

Filed: January 12, 2004


Texas Department of Housing and Community Affairs

Notice of Public Hearing

Multifamily Housing Revenue Bonds (Western Hills 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 Glenn Elementary School, 2385 Horal, San Antonio, Texas 75227, at 6:30 p.m. on February 10, 2004 with respect to an issue of tax-exempt multifamily residential rental development revenue bonds in an aggregate principal amount not to exceed $4,400,000 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 AAMHA Western Hills, L.P., a limited partnership, or a related person or affiliate thereof (the "Borrower") to finance a portion of the costs of acquiring and rehabilitating a multifamily housing development (the "Development") described as follows: 149-unit multifamily residential rental development to be located on the west side of Loop 410 and to the north of US Highway 90, at 500 Tomar Drive, San Antonio, Bexar County, Texas 78227. 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-200400122

Edwina P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: January 8, 2004


Texas Department of Human Services

Notice of Public Meeting - Proposed Health and Human Services Department Organizational Structure

Purpose. The Texas Health and Human Services Commission will conduct a series of public meetings to receive public comment on the proposed organizational structures of state health and human services departments created under House Bill No. 2292, 78th Legislature. The newly created departments are the Department of Family and Protective Services, Department of Assistive and Rehabilitative Services, Department of Aging and Disability Services, Department of State Health Services. The Health and Human Services Commission, in conjunction with current health and human services agencies, is developing proposed organizational structures for each new department. Copies of the proposed organizational structure for each new department will be posted on the Health and Human Services Commission's web site at http://www.hhsc.state.tx.us/Consolidation/Consl_home.html once available.

The Department of State Health Services and the Department of Aging and Disability Services will hold joint public meetings on the following dates, times, and locations:

Agenda. The agenda for each public meeting is as follows: Welcome and Introduction; Overview of proposed agency organizational structure; Public comment and testimony. (Oral comments are limited to three minutes.)

Date: January 29, 2004

Agency and Time: Department of Aging and Disability Services, 3:00 p.m. to 5:00 p.m.

Agency and Time: Department of State Health Services, 5:00 p.m. to 7:00 p.m.

Additional comment time if needed for either agency: 7:00 p.m. to 8:00 p.m.

Location: Valley Baptist Medical Center, Woodward Conference Room, 2101 Pease Street, Harlingen, Texas

Contact: Carol Cornelison, (956) 423-0130, Carol.Cornelison@hhsc.state.tx.us

Date: January 30, 2004

Agency and Time: Department of Aging and Disability Services, 3:00 p.m. to 5:00 p.m.

Agency and Time: Department of State Health Services, 5:00 p.m. to 7:00 p.m.

Additional comment time if needed for either agency: 7:00 p.m. to 8:00 p.m.

Location: Bob Duncan Community Center, 2800 South Center Street (inside Vandergriff Park), Arlington, Texas

Contact: Jan Havins, (817) 264-4503, Jan.Havins@tdh.state.tx.us

Date: February 3, 2004

Agency and Time: Department of Aging and Disability Services, 1:00 p.m. to 3:00 p.m.

Agency and Time: Department of State Health Services, 3:00 p.m. to 5:00 p.m.

Additional comment time if needed for either agency: 5:00 p.m. to 7:00 p.m.

Location: Texas Department of Human Services, Winters Building, Board Room, 701 West 51st Street, Austin, Texas

Contact: Barrett Markland, (512) 438-5419, Barrett.Markland@dhs.state.tx.us

Date: February 4, 2004

Agency and Time: Department of Aging and Disability Services, 3:00 p.m. to 5:00 p.m.

Agency and Time: Department of State Health Services, 5:00 p.m. to 7:00 p.m.

Additional comment time if needed for either agency: 7:00 p.m. to 8:00 p.m.

Location: Texas Medical Center, Hornberger Conference Center, 2151 W. Holcombe Blvd., Houston, Texas

Contact: Greta Etnyre, (713) 767-3019, Greta.Etnyre@tdh.state.tx.us

Date: February 5, 2004

Agency and Time: Department of Aging and Disability Services, 3:00 p.m. to 5:00 p.m.

Agency and Time: Department of State Health Services, 5:00 p.m. to 7:00 p.m.

Additional comment time if needed for either agency: 7:00 p.m. to 8:00 p.m.

Location: El Paso Community College, Administrative Building, 9050 Viscount Blvd., El Paso, Texas

Contact: Kaye Moore, (915) 834-7752, Kaye.Moore@hhsc.state.tx.us

Comments. The public is invited to submit written comments regarding the proposed organizational structures for the new departments until 5:00 p.m. the day of the meeting. Written comments may be delivered by U.S. mail or express delivery to the attention of the Program Management Office, Health and Human Services Commission, P. O. Box 13247, Austin, Texas 78711. Hand deliveries will be accepted at 4900 North Lamar Boulevard, Fourth Floor, Austin, Texas 78751. Alternatively, written comments may be delivered via facsimile at (512) 424-6974.

Persons with disabilities planning to attend a meeting who need auxiliary aids or services should call Redge Westbrook at (512) 458-7627 or (888) 388-6332 or T.D.D. at (512) 458-7708 no later than two days prior to the meeting date so that appropriate arrangements can be made.

TRD-200400240

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Filed: January 14, 2004


Open Solicitation #2 for Reagan County

Pursuant to Title 2, Chapters 22 and 32, of the Human Resources Code and 40 Texas Administrative Code (TAC) §19.2324, the Texas Department of Human Services (DHS) is announcing an open solicitation period of 30 days, effective the date of this public notice, for Reagan County, County #192 . Medicaid nursing facility occupancy rates in Reagan County exceeded the 90% occupancy threshold for six consecutive months during the period of June 2003 through November 2003 . The county occupancy rates for each month of that period were: 93.0%, 92.4%, 90.5%, 94.9%, 92.4%, 91.7% . In accordance with secondary selection process requirements contained in 40 TAC §19.2324(c), DHS will allocate up to 90 Medicaid beds to an eligible applicant that desires to construct a new nursing facility or to construct an addition to an existing nursing facility. Applicants for additional Medicaid beds must demonstrate a history of quality care as specified in 40 TAC §19.2322(e). Applicants must submit a written reply as described in 40 TAC §19.2324(c)(4) to Joe D. Armstrong, Texas Department of Human Services, Contract and Licensure Section, Long Term Care-Regulatory, Mail Code E-342, P.O. Box 149030, Austin, Texas 78714-9030. The written reply must be received by DHS before the close of business February 23, 2004, the published ending date of the open solicitation period. If one or more applicants are eligible for additional Medicaid beds, DHS will allocate Medicaid beds in accordance with 40 TAC §19.2324(c)(5). If no application for the secondary waiver process is received or if no applicant meets the requirements in this section, no further solicitation will occur.

TRD-200400203

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Filed: January 13, 2004


Texas Department of Insurance

Company Licensing

Application for admission to the State of Texas by NAFTA INSURANCE COMPANY, a domestic fire and/or casualty company. The home office is in McAllen, Texas.

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

TRD-200400214

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: January 14, 2004


Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Kemper Independence Insurance Company proposing to use rates for private passenger automobile insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company is requesting flex percentages +.77 to +2.57 by coverage, classification, territory. The overall rate change is -2.5%.

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

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101 §3(h), is made with the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by February 6, 2004.

TRD-200400227

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: January 14, 2004


Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Unitrin Auto and Home Insurance Company proposing to use rates for private passenger automobile insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company is requesting flex percentages +1.12 to +3.88 by coverage, classification, territory. The overall rate change is +5.5%.

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

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101 §3(h), is made with the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by February 6, 2004.

TRD-200400228

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: January 14, 2004


Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Unitrin Preferred Insurance Company proposing to use rates for private passenger automobile insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company is requesting flex percentages +0.96 to +3.03 by coverage, classification, territory. The overall rate change is +10.7%.

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 February 6, 2004.

TRD-200400229

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: January 14, 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 AVESIS THIRD PARTY ADMINISTRATORS, INC., a foreign third party administrator. The home office is PHOENIX, ARIZONA.

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-200400230

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: January 14, 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 incorporation in Texas of TEXAS COMMUNITY SOLUTIONS, INC., a domestic third party administrator. The home office is AUSTIN, 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-200400232

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: January 14, 2004


Texas Lottery Commission

Instant Game Number 428 "$30,000 Triple Payout"

1.0 Name and Style of Game.

A. The name of Instant Game No. 428 is "$30,000 TRIPLE PAYOUT". The play style is match up with 3X and 10X win.

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 428 shall be $3.00 per ticket.

1.2 Definitions in Instant Game No. 428.

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- The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: A, K, Q, J, 9, 8, 7, 6, 5, 4, 2, $1.00, $3.00, $6.00, $9.00, $10.00, $15.00, $18.00, $24.00, $30.00, $60.00, $90.00, $300, $3,000, and $30,000. The possible red play symbols are: A, K, Q, J, 9, 8, 7, 6, 5, 4 and 2.

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. 428 - 1.2D

E. Retailer Validation Code - Three (3) 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. 428 - 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 boxed four (4) digit Security Number placed randomly within the Serial Number. The remaining nine (9) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The format will be: 0000000000000.

G. Low-Tier Prize - A prize of $3.00, $6.00, $9.00, $15.00, $18.00 or $24.00.

H. Mid-Tier Prize - A prize of $30.00, $60.00, $90.00 or $300.

I. High-Tier Prize- A prize of $3,000 or $30,000.

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 (428), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 000 and end with 124 within each pack. The format will be: 428-0000001-000.

L. Pack - A pack of "$30,000 TRIPLE PAYOUT" Instant Game tickets contains 125 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). There will be two (2) fanfold configurations for this game. Configuration A will show the front of ticket 000 and the back of ticket 124. Configuration B will show the back of ticket 000 and the front of ticket 124.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "$30,000 TRIPLE PAYOUT" Instant Game No. 428 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 "$30,000 TRIPLE PAYOUT" Instant Game is determined once the latex on the ticket is scratched off to expose 40 (forty) Play Symbols. If the player gets three (3) identical card Play Symbols within the same HAND, the player will win the prize indicated for that HAND. If the player gets two (2) identical card Play Symbols and a red "3" Play Symbol within the same HAND, the player will win three (3) times the prize indicated for that HAND. If the player gets two (2) identical card Play Symbols and a red "10" Play Symbol within the same HAND, the player will win 10 (ten) times the prize indicated for that HAND. 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 40 (forty) 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, unless specified, 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 40 (forty) 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 40 (forty) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 40 (forty) 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. There will never be more than one (1) multiplier in a HAND.

C. No duplicate HANDS in any order on a ticket.

D. Non-winning Play Symbols will always consist of at least two (2) but no more than five (5) red Play Symbols on a ticket.

E. All HANDS which win with three (3) like Play Symbols will contain all black Play Symbols.

F. The only time a red Play Symbol will create a win is with the "3" or "10" symbol.

2.3 Procedure for Claiming Prizes.

A. To claim a "$30,000 TRIPLE PAYOUT" Instant Game prize of $3.00, $6.00, $9.00, $15.00, $18.00, $24.00, $30.00, $60.00, $90.00 or $300, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $30.00, $60.00, $90.00, or $300 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "$30,000 TRIPLE PAYOUT" Instant Game prize of $3,000 or $30,000, 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 "$30,000 TRIPLE PAYOUT" 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 "$30,000 TRIPLE PAYOUT" 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 6,000,000 tickets in the Instant Game No. 428. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 428 - 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. 428 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. 428, 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-200400197

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: January 13, 2004


Instant Game Number 435 "Crossword"

1.0. Name and Style of Game.

A. The name of Instant Game Number 435 is "CROSSWORD." The play style is "key symbol match with a prize legend."

1.1. Price of Instant Ticket.

A. Tickets for Instant Game Number 435 shall be $3.00 per ticket.

1.2. Definitions in Instant Game Number 435.

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: A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, T, U, V, W, X, Y, Z, and blackened square.

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. 435 - 1.2D

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

Figure 2: GAME NO. 435 - 1.2E

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

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

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

H. Mid-Tier Prize--A prize of $100 or $500.

I. High-Tier Prize--A prize of $5,000 or $35,000.

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

K. Pack-Ticket Number--A 13 digit number consisting of the three digit game number (435), a seven digit pack number, and a three digit ticket number. Ticket numbers start with 000 and end with 124 within each pack. The format will be: 435-0000001-000.

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

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

N. Ticket or Instant Game Ticket, or Instant Ticket--A Texas Lottery "CROSSWORD" Instant Game Number 435 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 "CROSSWORD" Instant Game is determined once the latex on the ticket is scratched off to expose 139 play symbols. The player must scratch off all 18 boxed squares in the YOUR LETTERS to reveal 18 play symbol letters. For each of the 18 play symbol letters revealed in YOUR LETTERS play area, the player must reveal the identical key play symbol letter in the CROSSWORD play area. For example, if the letter E is revealed in your play symbol letters, the player should reveal all identical key symbol E's in the CROSSWORD play area. There are three solid small letters in the play area of the section designated as YOUR LETTERS that appear under the latex on the ticket. These solid letters are much smaller in size than the letter play symbol, YOUR LETTERS, and are not included in the 18 larger outlined play symbols to be used in playing the game. If the player reveals three or more complete words containing 3 letters in a continuous horizontal or vertical sequence in the crossword, the player will win the prize corresponding to the prize legend on the back of the ticket. Only the greatest prize amount listed in the prize legend which corresponds to the number of complete words can be claimed per ticket. A complete "word" must contain at least three letters. A complete "word" cannot be formed by linking letters diagonally or by reading the letters from the bottom to top. Letters combined to form a complete "word" must appear in an unbroken vertical or top to bottom horizontal string of letters in the CROSSWORD. To form a complete word, an unbroken string of letters cannot be interrupted by a block space. Any other words contained within a complete word is not added or counted for purposes of the prize legend. Every single letter in the vertical or top to bottom horizontal unbroken string must: (a) be one of the 18 larger outlined play symbols letters revealed in the play area, YOUR LETTERS, and (b) be included to form a complete "word." The possible complete words for this ticket are contained in the CROSSWORD play area. Each possible complete word must consist of three or more letters and occupy an entire word space. Players must match all of the play symbol letters to the identical key play symbols in a possible complete word in order to complete the word. If the letters revealed form three or more complete words each of which occupy a complete word space on the CROSSWORD play area, the player will win the corresponding prize shown in the prize legend for forming that number of complete words. 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. One hundred thirty-nine possible 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 139 possible 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 139 possible Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 139 possible 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. A ticket can only win once.

B. Adjacent tickets in a pack will not have identical patterns.

C. Each ticket consists of a Your Letters area and one crossword puzzle grid.

D. The crossword puzzle grid will be formatted with at least 109,000 configurations (i.e. puzzle layouts not including words).

E. All crossword puzzle grid configurations will be formatted within a grid that contains 11 spaces (height) by 11 spaces (width).

F. Each word will appear only once per ticket on the crossword puzzle grid.

G. Each letter will only appear once per ticket in the Your Letters play area.

H. Each Crossword Puzzle Grid will contain 19 words per puzzle per ticket made up of the following: a) 4 sets of 3-letter words; b) 5 sets of 4-letter words; c) 3 sets of 5-letter words; d) 3 sets of 6-letter words; e) 1 set of 7-letter words; f) 2 sets of 8-letter words; g) 1 set of 9-letter words.

I. There will be a minimum of three vowels in the Your Letters play area.

J. The length of words found in the crossword puzzle grid will range from 3 - 9 letters.

K. Only words from the approved word list will appear in the crossword puzzle grid.

L. You will never find a word horizontally (in either direction), vertically (in either direction), or diagonally (in either direction) in the Your Letters play area that matches a word in the crossword puzzle grid.

M. Each crossword puzzle grid will have a maximum number of different grid formations with respect to other constraints. That is, for identically formatted crossword puzzles (i.e. the same grid), all "approved words" will appear in every logical (i.e. 3 letter word = 3 letter space) position, with regards to limitations caused by the actual letters contained in each word (i.e. will not place the word "ZOO" in a position that causes an intersecting word to require the second letter to be "Z", when in fact, there are no approved words with a "Z" in the second letter position).

N. No one letter, with the exception of vowels, will appear more than nine times in the crossword puzzle grid.

O. No ticket will match eleven words or more.

P. Three to ten completed words will be revealed as per the prize structure on winning tickets.

Q. All non-winning tickets will contain a) one completed word approximately 20% of the time; b) two completed words approximately 80% of the time.

R. On non-winning tickets, sixteen to eighteen Your Letters will open at least one letter in the crossword puzzle grid.

2.3. Procedure for Claiming Prizes.

A. To claim a "CROSSWORD" Instant Game prize of $3.00, $5.00, $10.00, $20.00, $100, or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $100 or $500 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 "CROSSWORD" Instant Game prize of $5,000 or $35,000, 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 "CROSSWORD" 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;

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 "CROSSWORD" 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 §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. The number of actual prizes in a game may vary based on sales, distribution, testing, and number of prizes claimed. A Scratch off game 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 therefor, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated therefor, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated 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 6,000,000 tickets in the Instant Game Number 435. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 435 - 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 Number 435 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 Number 435, 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.

The following is a list of words approved by the Texas Lottery Commission for use in this game:

List of Approved Words

TRD-200400120

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: January 8, 2004


Public Utility Commission of Texas

Notice of Application for Certificate of Convenience and Necessity in Jack and Wise Counties, Texas

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on January 8, 2004, for a certificate of convenience and necessity (CCN) in Jack and Wise Counties, Texas.

Docket Style and Number: Application of Brazos Electric Power Cooperative, Inc. (BEPC) for a Certificate of Convenience and Necessity for a Single Circuit 138-kV Transmission Line in Jack and Wise Counties, Texas. Docket Number 29020.

The Application: The proposed project would connect BEPC's planned generation plant near the community of Joplin in Jack County to its proposed Wise County Switch station near Bridgeport through the construction of approximately 20 miles of 138-kV transmission line. The project is designated the Jack County Generation Plant to Wise County Switch. The right-of- way width for this project will be approximately 70 feet. The estimated cost for the project is $7,531,850.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by February 22, 2004, 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 29020.

TRD-200400195

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 13, 2004


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

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on January 9, 2004, for a certificate of convenience and necessity in Liberty County, Texas.

Docket Style and Number: Application of Entergy Gulf States, Inc. (EGSI) for a Certificate of Convenience and Necessity for a 138-kV Transmission Line in Liberty County, Texas. Docket Number 28938.

The Application: EGSI proposes to install a new 138-kV transmission line between the existing Dayton Substation and the existing Gordon Substation, in the vicinity of Dayton, within southwestern Liberty County, Texas. This project is designated the Dayton-Gordon 138-kV Transmission Line. Depending on the final route selected, the proposed line would have a total length of approximately 9 to 13 miles. The line would be constructed within a right-of-way of variable width up to 100 feet. The estimated total cost of the proposed project is $10,370,000 for transmission facilities and $697,000 for substation facilities.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by February 23, 2004, 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 28938.

TRD-200400194

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 13, 2004


Notice of Application for Good Cause Exception to P.U.C. Substantive Rule 25.341(3)(F)

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on December 31, 2003 for waiver from P.U.C. Substantive Rule §25.341(3)(F) regarding the definition of "competitive energy services."

Docket Title and Number: Application of AEP Texas Central Company and Valero Refining-Texas, LP for Good Cause Exception to P.U.C. Substantive Rule §25.341(3)(F). Docket Number 29119.

The Application: AEP Texas Central Company (AEP-TCC) and Valero Refining-Texas, LP (Valero) (collectively, Applicants or the Companies) stated that good cause exist for the commission to grant a narrow exception to the competitive energy service rule to allow Valero to temporarily continue its lease arrangement with AEP-TCC at Valero's petroleum refinery located near Corpus Christi, Nueces County, Texas. Applicants advised that the requested exception will allow Valero the time it needs to complete the construction of a new 138 kV substation which will provide Valero with increased capacity to meet its projected load growth and will also benefit AEP-TCC's system by providing additional capacity to meet the growth needs of other 69 kV customers on AEP-TCC's system.

Applicant's stated that the facilities that are the subject of this proceeding are currently leased to Valero under a good cause exception to the competitive energy services rules granted in Docket Number 22352, Application of Central Power and Light Company for Approval of Unbundled Cost of Service Rate Pursuant to PURA §39.201 and P.U.C. Substantive Rule §25.344 . The Applicants advised that given the significant lead time necessary for Valero to procure the necessary equipment and materials and to construct the 138 kV substation, the new substation will not be completed prior to the expiration of the existing good cause exception, which ended December 31, 2003. In this application, the Companies request an extension of the existing good cause exception solely to allow AEP-TCC to continue leasing the facilities to Valero until its new 138 kV substation is completed, in service, and all applicable loads have been transferred, or until December 31, 2005, whichever is earlier.

On or before February 23, 2004, 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. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free 1-800-735-2989. All comments should reference Docket Number 29119.

TRD-200400190

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 13, 2004


Notice of Application for Waiver of Requirements to Provide Transmission of at Least 14,400 Bits of Data Per Second

Notice is given to the public that an application was filed with the Public Utility Commission of Texas (commission) on December 17, 2003, for waiver of the requirements of commission substantive rule §26.54(b)(3) and (b)(4)(C), regarding one-party line service and voice band data, for the Falcon Exchange in Zapata County.

Docket Number and Title: Docket Number 29071, Application of Border to Border Communications for an Extension of Waiver from Requirements in PUC Substantive Rule §25.54(b)(3) and PUC Substantive Rule §26.54(b)(4)(C) .

Application: Border to Border Communications, Incorporated (Border to Border or Company) requests that the commission extend the waiver previously granted on December 18, 2001, in Docket Number 23267, Application of Border to Border Communications, Incorporated for Waiver of Requirements in PUC Subst. R. §26.54(b)(3) and §26.54(b)(4)(C) . The waiver granted Company a waiver of the requirement to provide all subscribers with a minimum transmission speed of at least 14,400 bits of data per second (14.4 kbps) for 61 customers in the Falcon Exchange and served through equipment which does not meet the data speed required. The Company was granted a two-tiered waiver from the requirement to upgrade all voice grade circuits to meet the 14.4 kbps data transmission standard until January 1, 2006, provided that from the period beginning December 31, 2003 to December 31, 2005, the Company upgraded individual voice grade circuits upon request. Border to Border advised that unlicensed fixed wireless spectrum technology capable of providing both voice and data service has not developed as expected and the Company therefore seeks an extension of its original waiver such that it is not required to upgrade individual switched voice circuits upon customer request until December 31, 2005. Border to Border stated that as an alternative to upgrading individual switched voice circuits upon request, beginning January 1, 2004, the Company will offer its high speed wireless Internet service to any qualifying customer within the operating range of the wireless customer premises equipment. In addition, the Company requests that the commission grant a permanent waiver from §26.54(b)(3) for any customer who elects to retain Basic Exchange Telephone Radio Service (BETRS). The Company also request the commission grant a temporary waiver the requirements of §26.54(b)(3) anytime the Company must construct facilities to new customers who are more than one-half mile from the company's existing fiber optic facilities.

Comments: 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 1-800-735-2989. All comments should reference Docket Number 29071.

TRD-200400110

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 7, 2004


Notice of Application for Waiver of Requirements to Provide Transmission of at Least 14,400 Bits of Data Per Second

Notice is given to the public that an application was filed with the Public Utility Commission of Texas (commission) on December 17, 2003, for waiver of the requirements of commission substantive rule §26.54(b)(3), regarding one-party line service and voice band data, for the Vinegarroon Exchange.

Docket Number and Title: Docket Number 29073, Application of Southwest Texas Telephone Company for Waiver of Requirements in PUC Substantive Rule §25.54(b)(3) .

Application: Southwest Texas Telephone Company (STTC) requests that the commission extend the waiver previously granted on May 23, 2003, in Docket Number 27002, Application of Southwest Texas Telephone Company for Waiver of Requirements in PUC Subst. R. §26.54(b)(3) . The waiver granted STTC a waiver of the requirement to provide all subscribers with a minimum transmission speed of at least 14,400 bits of data per second (14.4 kbps) by the end of 2002 for 89 customers in the Vinegarroon exchange and served through equipment which does not meet the data speed required. In addition, STTC received a waiver from §26.54(b)(4)(C)(i) and (ii) which requires that, upon request by a customer, a company will upgrade the customers switched voice circuits at no charge to allow transmission speed of at least 14.4 kbps. STTC stated in its request that it has made substantial progress in evaluating new wireless technologies and products that will make it possible to upgrade customers but that it needs additional time for the orderly deployment and evaluation of a mix of wireless and wireline technologies in the Vinegarroon exchange. STTC advised that the customers affected by the waiver have the opportunity to receive high-speed satellite internet service at the wholesale rate of $39. Therefore, STTC requests an extension of its waiver until December 31, 2004.

Comments: 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 1-800-735-2989. All comments should reference Docket Number 29073.

TRD-200400111

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 7, 2004


Notice of Application for Waiver of Requirements to Provide Transmission of at Least 14,400 Bits of Data Per Second

Notice is given to the public that an application was filed with the Public Utility Commission of Texas (commission) on December 18, 2003, for waiver of the requirements of commission substantive rule §26.54(b)(3) and (b)(4)(C), regarding one-party line service and voice band data, for the Alamito, Big Canyon, Calamity Creek, Comstock, Langtree, Sanderson, Sheffield, and Six Shooter exchanges.

Docket Number and Title: Docket Number 29086, Application of Big Bend Telephone Company, Incorporated for an Extension of Waiver from Requirements in PUC Substantive Rule §25.54(b)(3) and PUC Substantive Rule §26.54(b)(4)(C) .

Application: Big Bend Telephone Company, Inc. (Big Bend or Company) requests that the commission extend the waiver previously granted on December 17, 2001, in Docket Number 23269, Application of Big Bend Telephone Company, Incorporated for Waiver of Requirements in PUC Subst. R. §26.54(b)(3) and §26.54(b)(4)(C) . The waiver granted Company a waiver of the requirement to provide all subscribers with a minimum transmission speed of at least 14,400 bits of data per second (14.4 kbps) for 655 customers in the Alamito, Big Canyon, Calamity Creek, Comstock, Langtree, Sanderson, Sheffield, and Six Shooter exchanges and served through equipment which does not meet the data speed required. The Company was granted a waiver from the requirement to upgrade all voice grade circuits to meet the 14.4 kbps data transmission standard upon customer request until December 31, 2003. Big Bend advised that unlicensed fixed wireless spectrum technology capable of providing both voice and data service has not developed as expected and the Company therefore seeks an extension of its original waiver such that it is not required to upgrade individual switched voice circuits upon customer request until December 31, 2005. Big Bend stated that as an alternative to upgrading individual switched voice circuits upon request, the Company initiated a cooperative arrangement with Big Canyon TV in Alpine, Texas in June 2001 to offer a two-way satellite Internet service. The Company offers twelve months no interest financing for basic installation and hardware costs to any subscriber served through Basic Exchange Telephone Radio Service (BETRS) equipment who wishes to receive two-way satellite Internet service from Big Canyon TV. In addition, Big Bend requests that the Commission grant a permanent waiver from the requirements of §26.54(b)(3) for any customer who elects to retain BETRS service.

Comments: 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 1-800-735-2989. All comments should reference Docket Number 29086.

TRD-200400112

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 7, 2004


Notice of Application for Waiver of Requirements to Provide Transmission of at Least 14,400 Bits of Data Per Second

Notice is given to the public that an application was filed with the Public Utility Commission of Texas (commission) on December 29, 2003, for waiver of the requirements of commission substantive rule §26.54(b)(3) and (b)(4)(C), regarding one-party line service and voice band data, for the Guadalupe Peak and Mile High exchanges.

Docket Number and Title: Docket Number 29107, Application of Dell Telephone Cooperative, Incorporated for an Extension of Waiver from Requirements in PUC Substantive Rule §25.54(b)(3) and PUC Substantive Rule §26.54(b)(4)(C) .

Application: Dell Telephone Cooperative, Incorporated (Dell or Company) requests that the commission extend the waiver previously granted on December 17, 2001, in Docket Number 23286, Application of Dell Telephone Cooperative, Incorporated for Waiver of Requirements in PUC Subst. R. §26.54(b)(3) . The Company was granted a waiver of the requirement to provide all subscribers with a minimum transmission speed of at least 14,400 bits of data per second (14.4 kbps) for 63 customers in the Guadalupe Peak and Mile High exchanges served through equipment which does not meet the data speed required until December 31, 2003. The Company was also granted a waiver until December 31, 2003 from the requirement to upgrade all voice grade circuits to meet the 14.4 kbps data transmission standard upon customer request. Dell advised that it needs additional time to evaluate the wireless technologies that meet the commission's data speed requirement and to identify, purchase, and install a new wireless system. Therefore, Dell requests an extension of the waivers granted in Docket Number 23286 until December 31, 2004. The Company stated that as an alternative it deployed True-wave Satellite Internet Service in June 2003 to provide broadband data service to customers in the Basic Exchange Telephone Radio Service (BETRS) service area.

Comments: 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 1-800-735-2989. All comments should reference Docket Number 29107.

TRD-200400113

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 7, 2004


Notice of Form Change for Low-Income Telephone and Electric Utility Programs

The Public Utility Commission of Texas (commission) provides public notice of proposed changes to the form for the low-income telephone and electric discount program. The form to apply for the Low-Income Telephone and Electric Utility Program to receive telephone and electric discounts is being changed to accommodate the changes to P.U.C. Substantive Rule §25.454, regarding the Rate Reduction Program and P.U.C. Substantive Rule §26.412, Regarding Lifeline and Link Up Services, For Low-Income Discount Administrator. Changes to the form include the addition of more specific directions on filling out the form to apply for telephone and/or electric discounts, the addition of income-based and program-based eligibility documentation requirements, and the reorganization of the form. Additionally, check boxes for Federal Public Housing Assistance and the Low-Income Energy Assistance Program have been added to allow a customer to enroll for the telephone discount only. The revised form may be viewed and downloaded through AIS under Project Number 24116, Project to Implement the System Benefit Fund , or from the commission website at http://www.puc.state.tx.us/electric/projects/24116/24116.cfm.

Persons wishing to comment on the proposed form should file comments in Central Records by 3:00 p.m., Friday, February 6, 2004, under Project Number 24116. Questions regarding this notice should be directed to Lauren Clark, Retail Market Analyst, Electric Division, at (512) 936-7401 or through email at lauren.clark@puc.state.tx.us. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll-free at 1-800-735-2989.

TRD-200400223

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 14, 2004


Public Notice of Amendment to Interconnection Agreement

On January 12, 2004, Southwestern Bell Telephone, LP d/b/a SBC Texas and Signatel Telephone Corp., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supp. 2004) (PURA). The joint application has been designated Docket Number 29153. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing 3 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 29153. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by February 12, 2004, and shall include:

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

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

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

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

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

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

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

Persons with questions about this action, or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 29153.

TRD-200400233

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 14, 2004


Public Notice of Amendment to Interconnection Agreement

On January 12, 2004, Southwestern Bell Telephone, LP d/b/a SBC Texas and Z-Tel Communications, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supp. 2004) (PURA). The joint application has been designated Docket Number 29152. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing 3 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 29152. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by February 12, 2004, and shall include:

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

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

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

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

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

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

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

Persons with questions about this action, or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 29152.

TRD-200400234

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 14, 2004


Public Notice of Amendment to Interconnection Agreement

On January 12, 2004, Southwestern Bell Telephone, LP d/b/a SBC Texas and Direct Telephone Company, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supp. 2004) (PURA). The joint application has been designated Docket Number 29154. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing 3 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 29154. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by February 12, 2004, and shall include:

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

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

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

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

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

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

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

Persons with questions about this action, or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 29154.

TRD-200400236

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 14, 2004


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

Notice is given to the public of the filing, on January 6, 2004, with the Public Utility Commission of Texas (commission), a notice of intent to file a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.215. The Applicant will file the LRIC study on January 16, 2004.

Docket Title and Number. Southwestern Bell Telephone, LP d/b/a SBC Texas's Application for Approval of LRIC Study for Plexar Simultaneous Ring Pursuant to P.U.C. Substantive Rule §26.215, Docket Number 29139.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 29139. Written comments or recommendations should be filed no later than 45 days after the date of a sufficient study and should be filed at the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Customer Protection Division at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200400193

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 13, 2004


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

Notice is given to the public of the filing, on January 9, 2004, with the Public Utility Commission of Texas (commission), a notice of intent to file a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.215. The Applicant will file the LRIC study on or around January 19, 2004.

Docket Title and Number. Verizon Southwest Application for Approval of LRIC Study for Flexgrow West Enhancements Pursuant to P.U.C. Substantive Rule §26.215, Docket Number 29149.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 29149. Written comments or recommendations should be filed no later than 45 days after the date of a sufficient study and should be filed at the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Customer Protection Division at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200400212

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 13, 2004


Public Notice of Interconnection Agreement

On January 9, 2004, Mid-Plains Rural Telephone Cooperative, Inc. and Amarillo CellTelco d/b/a Cellular One of Amarillo, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supp. 2004) (PURA). The joint application has been designated Docket Number 29147. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 3 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 29147. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by February 6, 2004, and shall include:

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

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

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

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

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

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

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

Persons with questions about this action, or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 29147.

TRD-200400192

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 13, 2004


Public Notice of Interconnection Agreement

On January 9, 2004, Mid-Plains Rural Telephone Cooperative, Inc. and NPCR, Inc. d/b/a Nextel Partners, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supp. 2004) (PURA). The joint application has been designated Docket Number 29148. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 3 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 29148. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by February 6, 2004, and shall include:

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

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

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

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

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

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

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

Persons with questions about this action, or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477 . Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 29148.

TRD-200400191

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 13, 2004


Public Notice of Interconnection Agreement

On January 12, 2004, Southwestern Bell Telephone, LP d/b/a SBC Texas and ITC^DeltaCom Communications, Inc., collectively referred to as applicants, filed a joint application for approval of interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supp. 2004) (PURA). The joint application has been designated Docket Number 29151. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 3 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 29151. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by February 12, 2004, and shall include:

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

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

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

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

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

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

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

Persons with questions about this action, or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477 . Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 29151.

TRD-200400235

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 14, 2004


Texas Department of Transportation

Notice of Intent - Environmental Impact Statement

Pursuant to 43 TAC §2.43(e)(3), the Texas Department of Transportation (TxDOT) is issuing this notice to advise the public that a Tier One Environmental Impact Statement (EIS) will be prepared for the proposed extension of Interstate Highway 69 (I-69) from near Shreveport, Louisiana, and Texarkana, Texas, to the Texas-Mexico international border near Laredo and the Lower Rio Grande Valley. The proposed I-69 facility is being evaluated as an element of the National High Priority Corridor 18 and Corridor 20 systems. In addition, I-69 is being evaluated as a priority segment of the Trans-Texas Corridor system as outlined in the Trans-Texas Corridor Plan (TTCP) adopted by the Texas Transportation Commission (commission) in June 2002. As currently envisioned, the proposed Trans-Texas Corridor system could include lanes for passenger vehicles, separate lanes for trucks, rail lines and a utility corridor.

Using a tiered approach, TxDOT, in cooperation with the Federal Highway Administration (FHWA), will prepare a Tier One EIS on a proposal to identify a corridor for ultimate construction of I-69 as a controlled access, multimodal transportation facility. This project responds to the need for a strategic, high priority highway serving the east-central United States, as outlined in the national High Priority Corridors 18 and 20 studies defined by Congress in the 1991 Intermodal Surface Transportation Efficiency Act (ISTEA), as extended in 1993 and 1995, and the 1998 Transportation Equity Act for the 21st Century (TEA-21). I-69 is planned to be a continuous north-south corridor linking Canada, the United States, and Mexico. The proposed facility would also serve as a priority segment of the statewide Trans-Texas Corridor system as outlined in the June 2002 plan adopted by the commission entitled "Crossroads of the Americas: Trans-Texas Corridor Plan."

As currently envisioned, the Trans-Texas Corridor system would potentially include highway lanes for passenger vehicles; separate lanes for trucks; and six rail lines (one in each direction serving freight, commuter and high speed passenger traffic). The width of the proposed I-69 corridor would be approximately 1,000 to 1,200 feet including a 200-foot wide utility zone that could ultimately accommodate lines for water, petroleum, natural gas, electricity, data, and other commodities. The overall length of the corridor is approximately 1,000 miles but the final length is dependent upon the location decision.

TxDOT anticipates utilizing a combination of traditional and innovative financing options to fund construction of the proposed project. These options include state and federal transportation funds, public/private partnerships, and tolling.

The Tier One EIS will focus on broad issues and generally address the national, regional and area-wide implications of the major alternatives. The Tier One study will not authorize construction of any element of the proposed facility. Anticipated decisions to be made during the Tier One study include evaluation of the "no action" alternative; identification of a preferred corridor location where the I-69 highway element and the remaining modal elements of the Trans-Texas Corridor can be coincidental and where they will be separated; refinement of modal concepts; identification of segments of independent utility (to be studied further in subsequent tiers); identification of areas that may warrant corridor preservation; and development of a plan for further action. Documents prepared during subsequent tiers would rely upon and utilize the environmental analysis in the Tier One study. As a priority element of the national I-69 corridor initiative, the proposed facility would address interstate and international transportation needs, goals and objectives.

After the Tier One decision has been made, TxDOT, in cooperation with FHWA, will proceed with the I-69 highway component by performing specific facility project level studies in a Tier Two decision process. TxDOT would cooperate with other federal, state and/or local agencies in pursuing specific facility project decisions for the non-highway modes after the Tier One decision.

Letters describing the proposed action and soliciting comments will be sent to appropriate federal, state and local agencies, and to private organizations, individuals and stakeholders who have previously expressed or are known to have an interest in this proposal. Public meetings and public hearings will be held during appropriate phases of the project development process. Public notices will be given of the date, time, and location of each.

A second priority segment of the Trans-Texas Corridor system, generally paralleling Interstate Highway 35 and potentially including portions of the Interstate Highway 37 and I-69 priority segments to the extent necessary for connectivity and financing purposes (TTC-35), is also under development and a Tier One Corridor EIS will be developed for that project. A separate Notice of Intent will be published by TxDOT for that environmental impact statement.

Although the I-69 and TTC-35 facilities are separate and distinct actions, with each having logical termini and independent utility, each of the proposed facilities share the need to terminate along the Texas-Mexico International Border, resulting in overlap of study areas. In the overlapping areas, care will be taken to closely coordinate the development of the two separate facilities in order to minimize duplication of effort and inconvenience to the public, resource agencies, and other stakeholders. Both projects will be considered in the cumulative impacts analysis for each of the facilities.

To ensure that the full range of issues related to this proposed action is addressed and all significant concerns are identified, comments and suggestions are invited from all interested parties. Comments or questions concerning this proposed action and the Tier One EIS should be directed to Doug Booher, Environmental Manager, Texas Turnpike Authority Division, Texas Department of Transportation, 125 E. 11th Street, Austin, Texas 78701. Mr. Booher can be reached by telephone at (512) 936-0980.

TRD-200400237

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: January 14, 2004


Request for Comments on Possible Environmental Rule Amendments

This is a notice of opportunity to comment on possible amendments to the Texas Department of Transportation (TxDOT) environmental rules found at 43 Texas Administrative Code Chapter 2, Subchapter C. TxDOT is issuing this notice to advise the public that it will be considering amendments to its environmental rules to address new legislation and to make other appropriate revisions or clarifications. The purpose of these revisions would be to include provisions resulting from changes to the existing law that the Texas Legislature made during the 78th Legislative Session, 2003. Among the recent legislative enactments that may make rulemaking necessary or appropriate is House Bill 3588, which included provisions for the Trans Texas Corridor and added other modes of transportation (e.g., rail) to those previously administered by TxDOT. It will also be a goal of any amendments to make the rules more amenable for use by TxDOT and other entities that are either obligated to comply with particular provisions or that wish to use the TxDOT environmental rules as a guide or standard. These revisions would also be intended to enhance the effectiveness of the rules in achieving their purposes, one of which is to ensure meaningful public involvement and input for transportation projects that are being considered.

In accordance with the Transportation Code, a public hearing concerning TxDOT’s environmental rules was previously held on December 18, 2003. A copy of information provided at the December 18, 2003, public hearing regarding the environmental rules may be obtained through the contact information provided in this notice.

TxDOT is soliciting additional input about its environmental rules from the public. The objective of this published notice is to provide members of the public and entities that may be affected by the rules with an additional opportunity to submit early comments and suggestions about potential amendments to TxDOT’s environmental rules. To ensure that all significant issues are identified and addressed, comments and suggestions are invited from all interested parties. Before any changes to these rules are made, notice of proposed amendments or new rules will be published in the Texas Register and an opportunity to comment on any proposed amendments will be provided in accordance with the Administrative Procedure Act, Government Code, Chapter 2001.

Deadline for Comments/Agency Contact : Comments or questions concerning this notice and possible amendment of TxDOT’s environmental rules should be directed to Dianna F. Noble, P.E., Texas Department of Transportation, Environmental Affairs Division, 125 E. 11th Street, Austin, Texas 78701; phone 512-416-2734. In any correspondence or communication regarding this matter, please be sure to conspicuously include the statement that it is "Regarding Proposed Revisions to the TxDOT Environmental Rules." Deadline for comments is February 23, 2004.

TRD-200400238

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: January 14, 2004


Request for Proposal for Aviation Engineering Services

The City of Olney, through its agent, the Texas Department of Transportation (TxDOT), intends to engage an aviation professional engineering firm for services pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT, Aviation Division, will solicit and receive proposals for the professional aviation engineering design services described.

Airport Sponsor: City of Olney, Olney Municipal Airport. TxDOT CSJ No.:0403OLNEY. Scope: Provide engineering/design services to rehabilitate and mark runway 17-35, 4-22, 13-31; and taxiways; reconstruct the hangar access taxiway and the terminal parking apron; repair storm drain inlet; and install perimeter fencing at the Olney Municipal Airport.

The HUB goal is set at 8%. TxDOT Project Manager is Steve Roth.

To assist in your proposal preparation the most recent airport layout plan, and 5010 drawing are available online by selecting "Olney Municipal Airport" at:

www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm

Interested firms shall utilize the Form AVN-550, titled "Aviation Engineering Services Proposal." The form may be requested from TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, phone number, 1-800-68-PILOT (74568). The form may be emailed by request or downloaded from the TxDOT web site, URL address:

http://www.dot.state.tx.us/avn/avn550.doc

The form may not be altered in any way. All printing must be in black on white paper, except for the optional illustration page. Proposals shall be stapled but not bound in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT. (Note: The form is an MS Word template.)

Please note the new format for submission of a proposal for these services. Qualifications statements will not be utilized for this project. This will be a submission of a limited proposal for engineering services. The form AVN-550 must be utilized. Firms must carefully follow the instructions provided on each page of the form. Proposals may not exceed the number of pages in the proposal format. The proposal format consists of seven pages of data plus two optional pages consisting of an illustration page and a proposal summary page.

Seven unfolded copies of Form AVN 550 must be postmarked by U. S. Mail by midnight February 12, 2004 (CDST): Mailing address: TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483. Overnight delivery must be received by 4:00 p.m. (CDST) on February 13, 2004; overnight address: TxDOT, Aviation Division, 200 E. Riverside Drive, Austin, Texas, 78704. Hand delivery must be received by 4:00 p.m. February 13, 2004 (CDST); hand delivery address: 150 E. Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704. Electronic facsimiles or forms sent by email will not be accepted. Please mark the envelope of the forms to the attention of Edie Stimach.

The consultant selection committee will be composed of local government members.

The final selection by the sponsor’s committee will generally be made following the completion of review of proposals and/or interviews. The committee will review all proposals and rate and rank each.

All firms will be notified and the top rated firm will be contacted to begin fee negotiations. The selection committee does, however, reserve the right to conduct interviews of the top rated firms if the committee deems it necessary. In such case, selection will be made following interviews.

If there are any procedural questions, please contact Edie Stimach, Grant Manager, at 1-800-68-PILOT (74568) or Steve Roth, Project Manager, at 1-325-676-6851, for technical questions.

TRD-200400215

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: January 14, 2004


Request for Proposal for Aviation Engineering Services - Denton Municipal Airport

The City of Denton, through its agent, the Texas Department of Transportation (TxDOT), intends to engage an aviation professional engineering firm for services pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT, Aviation Division will solicit and receive proposals for professional aviation engineering design services described.

Airport Sponsor: City of Denton, Denton Municipal Airport. TxDOT CSJ No.:0418DNTON Scope: Provide engineering design services to construct parallel taxiway; construct stub taxiway to north general aviation apron; construct corporate apron and connecting taxiway; install medium intensity taxiway lights with separate circuits and regulator; replace visual approach slope indicators with PAPI-4 Runway 17-35.

The DBE goal is set at 9%. TxDOT Project Manager is Alan Schmidt, P.E.

Future items for design services within the next five years may include:

Extend Runway 1500 ft., environmental assessment, extend parallel TW, relocate Instrument landing system and PAPI-4, and extend MIRLs.

To assist in your proposal preparation the most recent Airport Layout Plan, 5010 drawing, project narrative and criteria for evaluating engineering proposals are available online by selecting "Denton Municipal Airport" at:

www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm

The proposal should address a technical approach for the current scope only and provide relative experience for the future scope items. Firms shall use page 4, Recent Airport Experience, to list relevant past projects for both current and future scope.

Interested firms shall utilize the Form AVN-550, titled "Aviation Engineering Services Proposal." The form may be requested from TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, Phone number, 1-800-68-PILOT (74568). The form may be emailed by request or downloaded from the TxDOT web site, URL address:

http://www.dot.state.tx.us/avn/avn550.doc

The form may not be altered in any way. All printing must be in black on white paper, except for the optional illustration page. Proposals shall be stapled but not bound in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT. (Note: The form is an MS Word template.)

Please note the new format for submission of a proposal for these services. Qualifications statements will not be utilized for this project. This will be a submission of a limited proposal for engineering services. The form AVN-550 must be utilized. Firms must carefully follow the instructions provided on each page of the form. Proposals may not exceed the number of pages in the proposal format. The proposal format consists of seven pages of data plus two optional pages consisting of an illustration page and a proposal summary page.

Six completed, unfolded copies of Form AVN 550 must be postmarked by U. S. Mail by midnight Thursday, February 12, 2004 (CDST); Mailing address: TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483. Overnight delivery must be received by 4:00 p.m. (CDST) on Friday, February 13, 2004 ; overnight address: TxDOT, Aviation Division, 200 E. Riverside Drive, Austin, Texas, 78704. Hand delivery must be received by 4:00 p.m. (CDST) Friday, February 13, 2004 ; hand delivery address: 150 E. Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704. Electronic facsimiles or forms sent by email will not be accepted. Please mark the envelope of the forms to the attention of Amy Deason.

The consultant selection committee will be composed of local government members.

The final selection by the sponsor’s committee will generally be made following the completion of review of proposals and/or interviews. The committee will review all proposals and rate and rank each. All firms will be notified and the top rated firm will be contacted to begin fee negotiations. The selection committee does, however, reserve the right to conduct interviews of the top rated firms if the committee deems it necessary. In such case, selection will be made following interviews.

If there are any procedural questions, please contact Amy Deason, Grant Manager, or Alan Schmidt, P.E., Project Manager for technical questions at 1-800-68-PILOT (74568).

TRD-200400216

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: January 14, 2004