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
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
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
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/Commercial
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
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
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
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 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
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
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
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
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 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 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
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
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
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
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
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
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
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
TRD-200400203
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Filed: January 13, 2004
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
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
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
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
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
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
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:
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:
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:
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
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:
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:
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:
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:
TRD-200400120
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: January 8, 2004
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 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 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 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:
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,
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 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:
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 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:
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 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:
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
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,
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
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
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
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
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
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
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
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
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
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
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
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
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
Comptroller of Public Accounts
Request for Proposals
Office of Consumer Credit Commissioner
Texas Department of Criminal Justice
Texas Education Agency
Texas Commission on Environmental Quality
Notice of District Petition
Notice of Meeting on February 26, 2004 in Corpus Christi, Texas Concerning the Industrial Road/Industrial Metals Facility
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions
Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions
Texas Department of Health
Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on Raba-Kistner Consultants, Inc.
Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation to Robert W. Buchanan, D.C., dba 34th Street Chiropractic
Notice of Public Meetings Concerning the Proposed Health and Human Services Department Organizational Structure
Texas Health and Human Services Commission
Texas Higher Education Coordinating Board
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)
Texas Department of Housing and Community Affairs
Texas Department of Human Services
Open Solicitation #2 for Reagan County
Texas Department of Insurance
Notice
Notice
Notice
Third Party Administrator Applications
Third Party Administrator Applications
Texas Lottery Commission
Instant Game Number 435 "Crossword"
Public Utility Commission of Texas
Notice of Application for Certificate of Convenience and Necessity in Liberty County, Texas
Notice of Application for Good Cause Exception to P.U.C. Substantive Rule 25.341(3)(F)
Notice of Application for Waiver of Requirements to Provide Transmission of at Least 14,400 Bits of Data Per Second
Notice of Application for Waiver of Requirements to Provide Transmission of at Least 14,400 Bits of Data Per Second
Notice of Application for Waiver of Requirements to Provide Transmission of at Least 14,400 Bits of Data Per Second
Notice of Application for Waiver of Requirements to Provide Transmission of at Least 14,400 Bits of Data Per Second
Notice of Form Change for Low-Income Telephone and Electric Utility Programs
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Intent to File Pursuant to P.U.C. Substantive Rule §26.215
Public Notice of Intent to File Pursuant to P.U.C. Substantive Rule §26.215
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Texas Department of Transportation
Request for Comments on Possible Environmental Rule Amendments
Request for Proposal for Aviation Engineering Services
Request for Proposal for Aviation Engineering Services - Denton Municipal Airport