The Central Texas Regional Mobility Authority ("CTRMA") has issued an RFP for trustee services related to an anticipated CTRMA revenue bond issuance. Copies may be obtained from the CTRMA website (www.ctrma.org) or from the CTRMA at the offices of its legal counsel, Locke Liddell & Sapp LLP, 100 Congress Avenue, Suite 300, Austin, Texas 78701. Responses to the RFP will be due on June 14, 2004.

TRD-200403563

Mike Heiligenstein

Executive Director

Central Texas Regional Mobility Authority

Filed: May 26, 2004

Coastal Coordination Council

Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for these activities extends 30 days from the date published on the Coastal Coordination Council web site. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of May 13, 2004, through May 20, 2004. The public comment period for these projects will close at 5:00 p.m. on June 25, 2004.

FEDERAL AGENCY ACTIONS:

Applicant: Sundbeck, Inc. ; Location: The project is located along Brays Bayou at 409 South 80th Street, between Capitol Avenue and Elwood Avenue, in Houston, Harris County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Park Place, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 279223; Northing: 3290740. Project Description: The applicant proposes to construct a 500-linear-foot bulkhead along the existing shoreline and mechanically excavate 5,500 cubic yards of material to -12 mean low tide for barge access. All excavated material will be placed on an upland location. The existing shoreline is at a 1:1 to 2:1 slope and has concrete riprap along the shoreline. No wetlands are present along the existing shoreline. The purpose of the project is to provide barge access to load and unload bulk materials. CCC Project No.: 04-0171-F3; Type of Application: U.S.A.C.E. permit application #23413 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).

Applicant: Davis Petroleum Corporation ; Location: The project is located in State Track 30, within Sabine Lake, in Jefferson and Orange Counties, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Port Arthur South, Texas. Project Description: The applicant proposes to install, operate, and maintain structures and equipment necessary for oil and gas drilling, production, and transportation activities. Such activities include installation of typical marine barge and keyway, shell and gravel pad, production structure with attendant facilities, and flowline. The applicant is also proposing to install a 6-inch pipeline from the proposed well through an existing well to end at an existing well site. The proposed pipeline will be 39,228 feet long. CCC Project No.: 04-0174-F1; Type of Application: U.S.A.C.E. permit application #23402 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403). Note: The consistency review for this project may be conducted by the Texas Railroad Commission under §401 of the Clean Water Act.

Applicant: Tarpon Offshore ; Location: The project is located in Federal Waters of the Gulf of Mexico, within the Aransas Pass Anchorage Area, in Mustang Island Block 726. The well site is located at X=2,555,773.24, Y=782,632.28 ([NAD83] Lat. 27 degree 48'34.862" N, Long. 96 degree 46'51.721"). The project can be located on the U.S.G.S. quadrangle map entitled: Allyns Bight, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 718618; Northing: 3077891. Project Description: The applicant proposes to install a drilling platform to complete Wells # 1 and 2, and to drill additional wells to explore for hydrocarbons. Wells 1 and 2 were drilled, temporarily abandoned and suspended at the mudline by the previous operator. The water depth is approximately -84 feet mean low tide at the project site. CCC Project No.: 04-0175-F1; Type of Application: U.S.A.C.E. permit application #23410 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).

Applicant: Cabot Oil and Gas Corporation ; Location: The project is located in a shallow-draft channel in the South Bay portion of Redfish Bay, southeast of Hog Island in Nueces County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Estes, Texas. Approximate UTM Zone 14 Coordinates in NAD 27 (meters): Pipeline Origin: Easting: 688272; Northing: 3087638; Pipeline mid-point: Easting: 687344; Northing: 3087285; Pipeline terminus: Easting: 686502; Northing: 3086765. Project Description: The applicant proposes to install, operate, and maintain a 4-inch diameter pipeline necessary for oil and gas transportation activities. The applicant proposes to install a pipeline from a previously permitted well with a surface hole in State Tract 286 to an existing metering manifold platform in State Tract 284 for the purpose of transporting petroleum resources. The pipeline would traverse portions of State Tracts 286, 285, and 284. The proposed work would avoid impacts to sea grasses, wetlands, and oysters. Deep-water access is available for pipeline construction equipment from the Aransas Channel to the well-site in State Tract 286. CCC Project No.: 04-0176-F1; Type of Application: U.S.A.C.E. permit application #22347(01) is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A §1251-1387). Note: The consistency review for this project may be conducted by the Texas Railroad Commission under §401 of the Clean Water Act.

Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Coastal Coordination Council for review.

Further information on the applications listed above may be obtained from Ms. Diane P. Garcia, Council Secretary, Coastal Coordination Council, P.O. Box 12873, Austin, Texas 78711-2873, or diane.garcia@glo.state.tx.us. Comments should be sent to Ms. Garcia at the above address or by fax at 512/475-0680.

TRD-200403566

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: May 26, 2004

Comptroller of Public Accounts

Notice of Partial Award

Notice of Awards: Pursuant to Chapter 403, Chapter 2254, Subchapter A, Texas Government Code, and Chapter 111 Texas Tax Code, the Comptroller of Public Accounts (Comptroller) announces this notice of contract awards.

The Comptroller's Request for Qualifications 167h (RFQ) related to these contract awards was published in the February 6, 2004, Texas Register (29 TexReg 1238-1242).

The contractors will provide Professional Contract Examination Services as authorized by Subchapter A, Chapter 111, Section 111.0045 of the Texas Tax Code as described in the Comptroller's RFQ.

The Comptroller announces that twenty-four (24) contracts were awarded as of May 20, 2004, as follows:

A contract is awarded to Baker, White & Co., LLP. Examinations will be assigned in $22,500, $60,000 or $75,000 increments or packages but no contract examiner shall have examination packages totaling more than $150,000 in fees during any one state fiscal year during the contract term or any extension thereof. The term of the contract is May 20, 2004 through August 31, 2005.

A contract is awarded to Dorothea Brooks, CPA. Examinations will be assigned in $22,500, $60,000 $75,000 increments or packages but no contract examiner shall have examination packages totaling more than $150,000 in fees during any one state fiscal year during the contract term or any extension thereof. The term of the contract is May 20, 2004 through August 31, 2005.

A contract is awarded to Renee Perez White. Examinations will be assigned in $22,500, $60,000 or $75,000 increments or packages but no contract examiner shall have examination packages totaling more than $150,000 in fees during any one state fiscal year during the contract term or any extension thereof. The term of the contract is May 20, 2004 through August 31, 2005.

A contract is awarded to Archie Bailey d/b/a Bailey Management Services. Examinations will be assigned in $22,500, $60,000 or $75,000 increments or packages but no contract examiner shall have examination packages totaling more than $150,000 in fees during any one state fiscal year during the contract term or any extension thereof. The term of the contract is May 20, 2004 through August 31, 2005.

A contract is awarded to Noel L. Carino. Examinations will be assigned in $22,500, $60,000 or $75,000 increments or packages but no contract examiner shall have examination packages totaling more than $150,000 in fees during any one state fiscal year during the contract term or any extension thereof. The term of the contract is May 20, 2004 through August 31, 2005.

A contract is awarded to Stephanie Clark. Examinations will be assigned in $22,500, $60,000 or $75,000 increments or packages but no contract examiner shall have examination packages totaling more than $150,000 in fees during any one state fiscal year during the contract term or any extension thereof. The term of the contract is May 20, 2004 through August 31, 2005.

A contract is awarded to H & J Consulting. Examinations will be assigned in $22,500, $60,000 or $75,000 increments or packages but no contract examiner shall have examination packages totaling more than $150,000 in fees during any one state fiscal year during the contract term or any extension thereof. The term of the contract is May 20, 2004 through August 31, 2005.

A contract is awarded to Vincent D. Harris & Associates, Inc. Examinations will be assigned in $22,500, $60,000 or $75,000 increments or packages but no contract examiner shall have examination packages totaling more than $150,000 in fees during any one state fiscal year during the contract term or any extension thereof. The term of the contract is May 20, 2004 through August 31, 2005.

A contract is awarded to Hidalgo, Banfill, Zlotnik & Kermali, P.C. Examinations will be assigned in $22,500, $60,000 or $75,000 increments or packages but no contract examiner shall have examination packages totaling more than $150,000 in fees during any one state fiscal year during the contract term or any extension thereof. The term of the contract is May 20, 2004 through August 31, 2005.

A contract is awarded to D. Smith Consulting. Examinations will be assigned in $22,500, $60,000 or $75,000 increments or packages but no contract examiner shall have examination packages totaling more than $150,000 in fees during any one state fiscal year during the contract term or any extension thereof. The term of the contract is May 20, 2004 through August 31, 2005.

A contract is awarded to Yvonne Goss, CPA. Examinations will be assigned in $22,500, $60,000 or $75,000 increments or packages but no contract examiner shall have examination packages totaling more than $150,000 in fees during any one state fiscal year during the contract term or any extension thereof. The term of the contract is May 20, 2004 through August 31, 2005.

A contract is awarded to Marsha Johnson, Inc. Examinations will be assigned in $22,500, $60,000 or $75,000 increments or packages but no contract examiner shall have examination packages totaling more than $150,000 in fees during any one state fiscal year during the contract term or any extension thereof. The term of the contract is May 20, 2004 through August 31, 2005.

A contract is awarded to Dennis Krug. Examinations will be assigned in $22,500, $60,000 or $75,000 increments or packages but no contract examiner shall have examination packages totaling more than $150,000 in fees during any one state fiscal year during the contract term or any extension thereof. The term of the contract is May 20, 2004 through August 31, 2005.

A contract is awarded to Lam, Po, & Xu, CPA's. Examinations will be assigned in $22,500, $60,000 or $75,000 increments or packages but no contract examiner shall have examination packages totaling more than $150,000 in fees during any one state fiscal year during the contract term or any extension thereof. The term of the contract is May 20, 2004 through August 31, 2005.

A contract is awarded to F. Libunao Consulting. Examinations will be assigned in $22,500, $60,000 or $75,000 increments or packages but no contract examiner shall have examination packages totaling more than $150,000 in fees during any one state fiscal year during the contract term or any extension thereof. The term of the contract is May 20, 2004 through August 31, 2005.

A contract is awarded to Celina Lilly. Examinations will be assigned in $22,500, $60,000 or $75,000 increments or packages but no contract examiner shall have examination packages totaling more than $150,000 in fees during any one state fiscal year during the contract term or any extension thereof. The term of the contract is May 20, 2004 through August 31, 2005.

A contract is awarded to Delores A. Nornberg. Examinations will be assigned in $22,500, $60,000 or $75,000 increments or packages but no contract examiner shall have examination packages totaling more than $150,000 in fees during any one state fiscal year during the contract term or any extension thereof. The term of the contract is May 20, 2004 through August 31, 2005.

A contract is awarded to Vernice Seriale, Jr. Examinations will be assigned in $22,500, $60,000 or $75,000 increments or packages but no contract examiner shall have examination packages totaling more than $150,000 in fees during any one state fiscal year during the contract term or any extension thereof. The term of the contract is May 20, 2004 through August 31, 2005.

A contract is awarded to Stacie Sims, CPA. Examinations will be assigned in $22,500, $60,000 or $75,000 increments or packages but no contract examiner shall have examination packages totaling more than $150,000 in fees during any one state fiscal year during the contract term or any extension thereof. The term of the contract is May 20, 2004 through August 31, 2005.

A contract is awarded to Tax Advisors Group. Examinations will be assigned in $22,500, $60,000 or $75,000 increments or packages but no contract examiner shall have examination packages totaling more than $150,000 in fees during any one state fiscal year during the contract term or any extension thereof. The term of the contract is May 20, 2004 through August 31, 2005.

A contract is awarded to Anthony D. Turner. Examinations will be assigned in $22,500, $60,000 or $75,000 increments or packages but no contract examiner shall have examination packages totaling more than $150,000 in fees during any one state fiscal year during the contract term or any extension thereof. The term of the contract is May 20, 2004 through August 31, 2005.

A contract is awarded to Felicia Ward d/b/a Morgan Spencer & Company. Examinations will be assigned in $22,500, $60,000 or $75,000 increments or packages but no contract examiner shall have examination packages totaling more than $150,000 in fees during any one state fiscal year during the contract term or any extension thereof. The term of the contract is May 20, 2004 through August 31, 2005.

A contract is awarded to AJM State Tax Consulting. Examinations will be assigned in $22,500, $60,000 or $75,000 increments or packages but no contract examiner shall have examination packages totaling more than $150,000 in fees during any one state fiscal year during the contract term or any extension thereof. The term of the contract is May 20, 2004 through August 31, 2005.

A contract is awarded to Ruby Veronica Barnes. Examinations will be assigned in $22,500, $60,000 or $75,000 increments or packages but no contract examiner shall have examination packages totaling more than $150,000 in fees during any one state fiscal year during the contract term or any extension thereof. The term of the contract is May 20, 2004 through August 31, 2005.

TRD-200403539

Pamela Smith

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: May 25, 2004

Office of Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Sections 303.003, 303.005, 303.008, 303.009, 304.003, and 346.101. Tex. Fin. Code.

The weekly ceiling as prescribed by Sec. 303.003 and 303.009 for the period of 05/31/04 - 06/06/04 is 18% for Consumer ¹ /Agricultural/Commercial2 /credit thru $250,000.

The weekly ceiling as prescribed by Sec. 303.003 and 303.009 for the period of 05/31/04 - 06/06/04 is 18% for Commercial over $250,000.

The monthly ceiling as prescribed by Sec. 303.005 and 303.009 ³ for the period of 06/01/04 - 06/30/04 is 18% for Consumer/Agricultural/Commercial/credit thru $250,000.

The monthly ceiling as prescribed by Sec. 303.005 and 303.009 for the period of 06/01/04 - 06/30/04 is 18% for Commercial over $250,000.

The standard quarterly rate as prescribed by Sec. 303.008 and 303.009 for the period of 07/01/04 - 09/30/04 is 18% for Consumer/Agricultural/Commercial/credit thru $250,000.

The standard quarterly rate as prescribed by Sec. 303.008 and 303.009 for the period of 07/01/04 - 09/30/04 is 18% for Commercial over $250,000.

The retail credit card quarterly rate as prescribed by Sec. 303.009 1 for the period of 07/01/04 - 09/30/04 is 18% for Consumer/Agricultural/Commercial/credit thru $250,000.

The lender credit card quarterly rate as prescribed by Sec. 346.101 Tex. Fin. Code ¹ for the period of 07/01/04 - 09/30/04 is 18% for Consumer/Agricultural/Commercial/credit thru $250,000.

The standard annual rate as prescribed by Sec. 303.008 and 303.009 4 for the period of 07/01/04 - 09/30/04 is 18% for Consumer/Agricultural/Commercial/credit thru $250,000.

The standard annual rate as prescribed by Sec. 303.008 and 303.009 for the period of 07/01/04 - 09/30/04 is 18% for Commercial over $250,000.

The retail credit card annual rate as prescribed by Sec. 303.009 ¹ for the period of 07/01/04 - 09/30/04 is 18% for Consumer/Agricultural/Commercial/credit thru $250,000.

The judgment ceiling as prescribed by Sec. 304.003 for the period of 06/01/04 - 06/30/04 is 5% for Consumer/Agricultural/Commercial/credit thru $250,000.

The judgment ceiling as prescribed Sec. 304.003 for the period of 06/01/04 - 06/30/04 s 5% for Commercial over $250,000.

¹ Credit for personal, family or household use.

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

³ For variable rate commercial transactions only.

⁴ Only for open-end credit as defined in Sec. 301.002(14), Tex. Fin. Code.

TRD-200403568

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: May 26, 2004

Credit Union Department

Application for Foreign Credit Union to Operate a Branch Office

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

An application was received from Wescom Credit Union, Pasadena, California to operate a Foreign (out-of-state) Branch Office at 14141 S. W. Freeway, Sugar Land, Texas. This application is contingent upon approval of the merger of Unocal Federal Credit Union with Wescom Credit Union.

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

TRD-200403541

Harold E. Feeney

Commissioner

Credit Union Department

Filed: May 25, 2004

Employees Retirement System of Texas

Request for Qualifications

The Employees Retirement System of Texas (ERS) is soliciting responses from qualified firms to conduct an independent actuarial audit to determine the reasonableness, consistency and accuracy of ERS' current pension actuarial services. ERS consists of four retirement plans: three that are funded (Employees Retirement System of Texas, Judicial Retirement System of Texas - Plan Two, and Law Enforcement and Custodial Officer Supplemental Retirement Fund of the Employees Retirement System of Texas) and one pay-as-you-go plan (Judicial Retirement System of Texas - Plan One).

Firms wishing to respond to the Request for Qualifications (RFQ) must be professional actuarial services firms that provide actuarial valuation, experience investigations, actuarial audits, and pension consulting services. The firm must have been in existence as a business entity performing such services for a minimum of five (5) years. The firm must have all necessary permits, licenses, and professional credentials. Appropriate levels and types of fidelity, directors' and officers' or other applicable liability insurance must be in full force at the time the proposal is submitted and throughout the term of the contract. The principal actuary performing the audit must be a Fellow of the Society of Actuaries and an enrolled actuary. The principal actuary performing the audit must have a minimum of ten (10) years of experience as an actuary on pension consulting services, experience analysis, and valuation assignments for public retirement systems of at least 100,000 members and annuitants. Any supporting actuary must be either a Fellow; enrolled; or have ten (10) years of pension consulting experience. Any supporting actuary shall have five (5) years of experience as an actuary on pension consulting services, experience analysis, and valuation assignments for public retirement systems with memberships of at least 10,000 members and annuitants. The firm must provide its own work facilities, equipment, supplies and support staff to perform the required services.

ERS will base its evaluation and selection of the firm for the audit on the factors and criteria outlined in this notice and in the RFQ, including, but not limited to the following, which are not necessarily listed in order of priority: compliance with the RFQ; qualifications of the proposed actuarial staff; technical experience, including experience with actuarial audits of other large public pension systems and experience in providing actuarial services to other large public pension systems; the quality of the responses, including the demonstration of a clear understanding of the scope of work as well as the appropriateness and adequacy of proposed procedures; the cost of the audit; and other factors deemed appropriate by ERS.

ERS reserves the right to reject any response submitted which does not meet the criteria specified in this notice and in the RFQ. ERS is under no legal requirement to execute a contract on the basis of this notice. ERS will not pay any costs incurred by any firm in responding to this notice or RFQ or in connection with the preparation thereof.

A copy of the complete RFQ can be obtained from ERS on or after June 4, 2004. To request a copy of the RFQ or for additional information, please contact Marci Sundbeck at ERS at (512) 867-7302, or email her at msundbeck@ers.state.tx.us. The deadline for receipt of responses by ERS is 3:00 p.m. CDT on July 9, 2004.

TRD-200403571

Paula A. Jones

General Counsel

Employees Retirement System of Texas

Filed: May 26, 2004

Texas Commission on Environmental Quality

Notice of Opportunity for Comments Concerning a Proposed Amendment to the List of De Minimis Facilities of Sources

The Texas Commission on Environmental Quality (TCEQ), in accordance with 30 TAC Chapter 116, is providing an opportunity for public comment in order to receive comments concerning a proposed amendment to the List of De Minimis Facilities or Sources authorized by §116.119.

The TCEQ received a request to amend the List of De Minimis Facilities or Sources by changing an existing listed source. The existing source is "Modular, Self-contained Sand Blasting Cabinets (Parts Cleaning)." The proposed amendment is to change the wording for this particular source so that it applies to other types of abrasive material and not just implicitly to sand. Section 116.119(c)(1) allows for amendments to the List of De Minimis Facilities or Sources by the executive director for facilities or sources considered to be de minimis. If added to the List of De Minimis Facilities or Sources, the specified facilities or sources no longer are required to obtain authorization prior to construction from the TCEQ. Therefore, modular, self-contained abrasive blasting cabinets are proposed to be de minimis facilities or sources.

The addition or deletion of a category of facilities, sources, or groups of facilities or sources to the List of De Minimis Facilities or Sources is subject to the procedural requirements of §116.119, which include a 30-day public comment period. The List of De Minimis Facilities and Sources is located on the TCEQ Web site at: http://www.tnrcc.state.tx.us/permitting/airperm/nsr_permits/demlist.pdf. Any interested or affected person has the opportunity to provide written comments pertaining to the addition or deletion of a category of facilities, sources, or groups of facilities or sources to the List of De Minimis Facilities or Sources.

Comments may be mailed to Steven Hagood, Texas Commission on Environmental Quality, Office of Permitting, Remediation, and Registration, Air Permits Division, MC 163, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-1070. All comments must be received by 5:00 p.m., July 5, 2004. To inquire about the technical review of the de minimis request, contact Louise Ngo at (512) 239-1267.

TRD-200403531

Stephanie Bergeron

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: May 25, 2004

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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Order (AO) in accordance with Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AO, the commission shall allow the public an opportunity to submit written comments on the proposed AO. 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 July 5, 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 July 5, 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: Texas Transeastern, Inc.; DOCKET NUMBER: 2001-0849-PST-E; TCEQ ID NUMBER: RN100928571; LOCATION: 3112 Pansy, Pasadena, Harris County, Texas; TYPE OF FACILITY: petroleum common carrier; RULES VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owners or operators of the underground storage tank (UST) systems at the facilities had current TCEQ delivery certificates prior to depositing a regulated substance into the UST systems; 30 TAC §334.21, by failing to pay the aboveground storage tank fees and associated late fees; and 30 TAC §115.221(2), and Texas Health and Safety Code, §382.085(b), by failing to connect a Stage I vapor line when transferring gasoline from a tank truck into a stationary storage container; PENALTY: $60,050; STAFF ATTORNEY: Richard S. O'Connell, Litigation Division, MC 175, (512) 239-5528; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.

TRD-200403542

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: May 25, 2004

Proposed Enforcement Orders

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 (the Code), §7.075, which requires that the commission may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and 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 June 28, 2004 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO 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 C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on June 28, 2004 . Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239- 2550. The commission enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs should be submitted to the commission in writing .

(1) COMPANY: 7-Eleven, Inc.; DOCKET NUMBER: 2004-0274-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 07386, Regulated Entity Reference Number (RN) 102266327; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(2) and THSC, §382.085(b), by failing to conduct the Stage II system test; PENALTY: $525; ENFORCEMENT COORDINATOR: Erika Fair, (512) 239-6673; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: Alexander Oil Company; DOCKET NUMBER: 2004-0102-PST-E; IDENTIFIER: PST Facility Identification Number 8880, RN101670800; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to observe a valid, current delivery certificate; PENALTY: $800; ENFORCEMENT COORDINATOR: Christopher Miller, (915) 698-9674; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3) COMPANY: ANA, Inc.; DOCKET NUMBER: 2003-0611-PST-E; IDENTIFIER: PST Facility Identification Number 0057399, RN102717733; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(2)(A)(i) and the Code, §26.3475(a), by failing to equip each separate pressurized line with an automatic line leak detector; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Sunday Udoetok, (512) 239-0739; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(4) COMPANY: Brandenberg Products, Inc.; DOCKET NUMBER: 2004-0254-PST-E; IDENTIFIER: Customer Identification Number CN600804264, RN103777538; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator had a valid, current delivery certificate; PENALTY: $360; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: Buena Vista-Bethel SUD; DOCKET NUMBER: 2004-0187-PWS-E; IDENTIFIER: Public Water Supply (PWS) Number 0700037, RN101440139; LOCATION: Waxahachie, Ellis County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(q)(1), by failing to issue a boil water notification; PENALTY: $204; ENFORCEMENT COORDINATOR: Leila Pezeshki, (210) 490-3096; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(6) COMPANY: City of Campbell; DOCKET NUMBER: 2003-1128-MWD-E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number 13791-001; LOCATION: Campbell, Hunt County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §§305.125(1) and (5), 317.4(a)(8) and (b)(1), and 317.7(i), TPDES Permit Number 13791- 001, and the Code, §26.121(a), by failing to prevent the unauthorized discharge of wastewater from the collection system and failing to at all times properly operate and maintain all facilities and systems of treatment and control; and 30 TAC §305.125(11)(C), by failing to maintain sludge disposal records; PENALTY: $12,360; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588- 5800.

(7) COMPANY: Chevron Phillips Chemical Company LP; DOCKET NUMBER: 2004-0032- AIR-E; IDENTIFIER: Air Account Number HG-0566-H; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: plastics and resins manufacturing; RULE VIOLATED: 30 TAC §116.715(c)(6), Air Permit Numbers 4437A, PSD-TX-808, and N014M1, and THSC, §382.085(b), by failing to maintain records with complete data demonstrating compliance with the proper monitoring of valves; and 30 TAC §§115.352(4), 116.715(a), and 101.20(1), Air Permit Numbers 4437A, PSD-TX-808, and N014M1, 40 Code of Federal Regulations (CFR) §60.482- 6(1), and THSC, §382.085(b), by failing to equip an open-ended line with a cap, blind flange, or plug; PENALTY: $1,710; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(8) COMPANY: Devon Gas Services, L.P.; DOCKET NUMBER: 2003-1405-AIR-E; IDENTIFIER: Air Account Number WN-0021-G; LOCATION: Bridgeport, Wise County, Texas; TYPE OF FACILITY: natural gas plant; RULE VIOLATED: 30 TAC §116.615(2) and (9), Standard Permit Number 48868, and THSC, §382.085(b), by failing to operate abatement equipment during facility operations; 30 TAC §101.201(a)(1) and (2), Standard Permit Number 48868, and THSC, §382.085(b), by failing to report an emissions event; 30 TAC §122.145(2)(A) - (C), Federal Operating Permit Number O-00910, and THSC, §382.085(b), by failing to report deviations; 30 TAC §116.115(c)(1), Air Permit Number 16926, and THSC, §382.085(b), by exceeding the permit limit for the glycol still condenser outlet temperature; 30 TAC §§101.20(1), 116.615(5)(A), and 122.143(4), Standard Permit Number 48868, and THSC, §382.085(b), by failing to provide startup notifications; and 30 TAC §§101.20(1), 122.121, 122.132(e)(2)(A), and 122.217, 40 CFR §60.48c, Federal Operating Permit Number O-00910, and THSC, §382.085(b), by failing to submit four semi-annual fuel reports; PENALTY: $29,400; ENFORCEMENT COORDINATOR: Judy Fox, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(9) COMPANY: City of El Paso; DOCKET NUMBER: 2003-0573-AIR-E; IDENTIFIER: Air Account Number EE-1118-M; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: fire station; RULE VIOLATED: 30 TAC §115.252(2) and THSC, §382.085(b), by allowing the transfer of gasoline from a storage vessel with a Reid vapor pressure greater than seven pounds per square inch absolute; PENALTY: $2,540; ENFORCEMENT COORDINATOR: David Van Soest, (512) 239-0468; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901- 1206, (915) 834-4949.

(10) COMPANY: Garrett Creek Ranch, Inc.; DOCKET NUMBER: 2003-0566-PWS-E; IDENTIFIER: PWS Number 2490055; LOCATION: Paradise, Wise County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(c)(2)(F) and (3)(A) and THSC, §341.033(d), by failing to take bacteriological samples, by failing to take five additional routine bacteriological samples, and by failing to take repeat bacteriological samples; 30 TAC §290.110(b)(4) and (c)(5)(A), by failing to maintain the disinfectant residual concentration and by failing to perform and record chlorine residual tests at least once every seven days; 30 TAC §290.41(c)(1)(D) and (F) and (3)(M) and (N), by failing to ensure livestock in pastures are not allowed within 50 feet of water supply wells, by failing to provide a sanitary control easement, by failing to provide a suitable sampling tap, and by failing to provide an accessible flow meter; 30 TAC §290.46(f), (m)(4), and (u), by failing to properly compile the monthly operating report, by failing to perform annual tank inspections, by failing to maintain salt tank in a water tight condition, and by failing to plug an abandoned PWS well; 30 TAC §290.42(k), by failing to compile a plant operations manual; 30 TAC §290.43(c)(2) and (3), by failing to maintain a roof hatch on the ground storage tank (GST) and by failing to provide the GST with a properly designed overflow pipe; 30 TAC §290.44(h)(4)(C), by failing to prohibit water connection to a residence or establishment where an actual or potential contamination or system hazard exists; and 30 TAC §30.382 and §290.46(e), by failing to prohibit uncertified individuals from performing regulated activities; PENALTY: $4,619; ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(11) COMPANY: Gulfterra Texas Pipeline, L.P.; DOCKET NUMBER: 2004-0161-AIR-E; IDENTIFIER: Air Account Number KJ-0019-V; LOCATION: Ricardo, Kleburg County, Texas; TYPE OF FACILITY: natural gas compressor station; RULE VIOLATED: 30 TAC §§101.20(1), 106.512(3)(B), 122.514(c)(1), 40 CFR 60.334(b)(2), and THSC, §382.085(b), by failing to determine and record the nitrogen and sulfur content in the fuel and use an approved method to demonstrate compliance with the applicable sulfur standard, and by failing to conduct performance testing; 30 TAC §122.145(2) and THSC, §382.085(b), by failing to submit a deviation report; and 30 TAC §122.146(5)(D), by failing to submit a compliance certification; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Ed Moderow, (512) 239-2680; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christ, Texas 78412-5503, (361) 825-3100.

(12) COMPANY: Harris Methodist Hospital; DOCKET NUMBER: 2003-1536-PST-E; IDENTIFIER: PST Facility Identification Number 34067; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: hospital; RULE VIOLATED: 30 TAC §334.8(c)(4)(B) and (5)(A)(i), and the Code, §26.346(a) and §26.3467(a), by failing to ensure that the underground storage tank (UST) registration and self-certification form is fully and accurately completed and by failing to make available a valid, current delivery certificate; PENALTY: $1,080; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(13) COMPANY: Hausman 18 Joint Venture, Ltd.; DOCKET NUMBER: 2004-0362-EAQ-E; IDENTIFIER: Edwards Aquifer Site Registration Number 13-03012702, RN102997145; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: land development property; RULE VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain approval for placement of soil on the site; PENALTY: $720; ENFORCEMENT COORDINATOR: Sunday Udoetok, (512) 239-0739; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(14) COMPANY: IMOT, Inc.; DOCKET NUMBER: 2004-0099-AIR-E; IDENTIFIER: Air Account Number JH-0458-A; LOCATION: Burleson, Johnson County, Texas; TYPE OF FACILITY: thermoset resin plant; RULE VIOLATED: 30 TAC §106.392(1)(A), §116.110(a), and THSC, §382.085(b), by failing to satisfy the conditions of a permit exemption prior to operating; PENALTY: $3,255; ENFORCEMENT COORDINATOR: Kelli Bruce, (512) 339-2929; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(15) COMPANY: City of Lakeport; DOCKET NUMBER: 2002-1007-MWD-E; IDENTIFIER: TPDES Permit Number 10939-001; LOCATION: Lakeport, Gregg County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), (4), and (5), TPDES Permit Number 10939-001, and the Code, §26.121(a), by failing to prevent unauthorized discharges of sewage, by failing to maintain the collection system, and by failing to meet permitted effluent limits; and 30 TAC §317.7(e), by failing to provide and/or maintain an all-weather access road; PENALTY: $20,900; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(16) COMPANY: City of Laredo; DOCKET NUMBER: 2003-1285-MWD-E; IDENTIFIER: TPDES Permit Number 10681-002; LOCATION: Laredo, Webb County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10681-002, and the Code, §26.121(a), by allowing the exceedances for five-day biochemical oxygen demand and total suspended solids (TSS); PENALTY: $5,840; ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(17) COMPANY: Leon Springs Utility Company; DOCKET NUMBER: 2004 0166-MWD-E; IDENTIFIER: Expired TPDES Permit Number 12557, RN103145603; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(2), Expired TPDES Permit Number 12557, and the Code, §26.121(a), by failing to apply for permit renewal and continuing to discharge after expiration; PENALTY: $11,544; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(18) COMPANY: Moscow Water Supply Corporation; DOCKET NUMBER: 2004 0329-PWS- E; IDENTIFIER: PWS Number 1870125, RN101652642; LOCATION: Moscow, Polk County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(q)(1), by failing to issue a boil water notice; and 30 TAC §290.47(h), by failing to immediately collect bacteriological samples; PENALTY: $210; ENFORCEMENT COORDINATOR: Joseph Daley, (512) 239-3308; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898- 3838.

(19) COMPANY: John Myers dba Myers Wrecking Yard; DOCKET NUMBER: 2003 1322- MLM-E; IDENTIFIER: RN102755030; LOCATION: Llano, Llano County, Texas; TYPE OF FACILITY: automotive salvage and refinishing; RULE VIOLATED: 30 TAC §281.25(a)(4), 40 CFR §122.21(a)(1), and the Code, §26.121, by failing to obtain authorization prior to discharging storm water; and 30 TAC §§106.435(5), 106436(1), 116.110(a), and THSC, §382.085(b) and §382.0518(a), by failing to obtain a permit or a permit by rule; PENALTY: $600; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(20) COMPANY: Oxy Vinyls, L.P.; DOCKET NUMBER: 2003 0441-AIR-E; IDENTIFIER: Air Account Number HG-0193-B; LOCATION: La Porte, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §101.20(2) and (3), §116.115(c), Permit Number 3855B/PSD-TX-876, 40 CFR §63.182(d)(1), and THSC, §382.085(b), by failing to submit 40 CFR Subpart H semi-annual reports, by failing to maintain fugitive monitoring records for accessible valves and connectors, and failing to provide a written plan for the monitoring of difficult to monitor components; PENALTY: $16,440; ENFORCEMENT COORDINATOR: Christina McLaughlin, (512) 239-6589; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(21) COMPANY: Rankin Road West Municipal Utility District; DOCKET NUMBER: 2003 1557-MWD-E; IDENTIFIER: TPDES Permit Number 12934-001, RN102341070; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 12934-001, and the Code, §26.121(a), by failing to meet ammonia nitrogen, TSS, and dissolved oxygen limits; PENALTY: $3,520; ENFORCEMENT COORDINATOR: Joseph Daley, (512) 239-3308; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(22) COMPANY: Robroy Industries - Texas, L.P. dba Robroy Industries - Texas Conduit Division; DOCKET NUMBER: 2003 1565-IWD-E; IDENTIFIER: TPDES Permit Number 01052- 000; LOCATION: Gilmer, Upshur County, Texas; TYPE OF FACILITY: plastic coated electric conduit manufacturing; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 01052-000, and the Code, §26.121(a), by failing to comply with the permitted limits for pH, total zinc, and flow; PENALTY: $11,220; ENFORCEMENT COORDINATOR: David Van Soest, (512) 239-0468; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(23) COMPANY: Shell Chemical, LP; DOCKET NUMBER: 2004 0101-AIR-E; IDENTIFIER: Air Account Number HG-0659-W, RN100211879; LOCATION: Deer Park, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §113.100, §113.120, 40 CFR §63.7(a)(2) and §63.116(a), and THSC, §382.085(b), by failing to conduct performance tests; PENALTY: $1,920; ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.

(24) COMPANY: City of Sonora; DOCKET NUMBER: 2003 1246-PWS-E; IDENTIFIER: PWS Number 2180001; LOCATION: Sonora, Sutton County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.41(c)(1)(F) and (3)(O) and §290.43(e), by failing to secure a sanitary control easement and by failing to ensure that all well units and pressure maintenance facilities are enclosed by an intruder-resistant fence; 30 TAC §290.46(m)(1), (n)(1), (r), and (v), by failing to have the system's ground, storage, elevated, and pressure tanks inspected annually, by failing to maintain accurate, up-to-date, detailed, and as-built plans or record drawings, by failing to maintain a minimum pressure in the distribution system, and by failing to ensure that all water system electrical wiring is installed in a securely mounted conduit; 30 TAC §290.110(b)(4), by failing to maintain the residual disinfectant concentration; 30 TAC §290.43(c) and (d)(2), by failing to provide a proper roof on the GST and by failing to ensure that the pressure tanks are equipped with pressure release devices; 30 TAC §290.39(j), by failing to provide notice prior to making significant changes and additions to the existing system; and 30 TAC §290.109(f)(3) and (g)(3), and THSC, §341.0315(c), by exceeding the maximum contaminant level for total coliform bacteria; PENALTY: $8,636; ENFORCEMENT COORDINATOR: Kent Heath, (512) 239-4575; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(25) COMPANY: Baslan S. Omar dba Step N Go 101; DOCKET NUMBER: 2004 0277-PST- E; IDENTIFIER: PST Facility Identification Number 46261; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and (5)(A)(ii) and (B)(ii), and the Code, §26.346(a) and §26.3467(a), by failing to renew a previously issued UST delivery certificate and by failing to make available to a common carrier a valid, current delivery certificate; PENALTY: $1,440; ENFORCEMENT COORDINATOR: Keith Fleming, (512) 239-0560; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(26) COMPANY: Farida-Aziz Enterprises, Incorporated dba Sugar Creek Exxon; DOCKET NUMBER: 2003 0967-PST-E; IDENTIFIER: PST Facility Identification Number 26782; LOCATION: Stafford, Fort Bend County, Texas; TYPE OF FACILITY: retail gasoline station; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $3,800; ENFORCEMENT COORDINATOR: Larry King, (512) 339-2929; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(27) COMPANY: Texas Gulf Coast Enterprise Inc. Dba Kemah Texaco; DOCKET NUMBER: 2003 1460-PST-E; IDENTIFIER: PST Facility Identification Number 73015; LOCATION: Kemah, Galveston County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and (2)(A)(i)(III) and (ii), and (d)(4)(A)(i) and (ii)(II), and the Code, §26.3475(a), by failing to have line leak detectors tested, by failing to conduct inventory control on the UST system, and by failing to put the automatic tank gauge system into test mode; 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; and 30 TAC §334.48(c), by failing to conduct inventory control; PENALTY: $9,360; ENFORCEMENT COORDINATOR: Trina Grieco, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(28) COMPANY: TravelCenters Properties LP dba TravelCenters; DOCKET NUMBER: 2004 0136-PST-E; IDENTIFIER: PST Facility Identification Number 41891, RN102469350; LOCATION: Denton, Denton County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(2) and THSC, §382.085(b), by failing to conduct a Stage II system test; PENALTY: $475; ENFORCEMENT COORDINATOR: Lori Thompson, (903) 535-5100; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118- 6951, (817) 588-5800.

(29) COMPANY: Union Pacific Railroad Company; DOCKET NUMBER: 2003 0149-AIR-E; IDENTIFIER: Air Account Number EE-0388-L, RN102065752; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: railroad terminal and track switching; RULE VIOLATED: 30 TAC §111.147(1) and THSC, §382.085(b), by failing to pave in-plant road to control dust; PENALTY: $3,200; ENFORCEMENT COORDINATOR: Steve Lopez, (512) 239-1896; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(30) COMPANY: Unocal Pipeline Company dba Unocal Pipeline Bullard Station; DOCKET NUMBER: 2004 0197-AIR-E; IDENTIFIER: Air Account Number CJ-0051-K, RN101655165; LOCATION: Bullard, Cherokee County, Texas; TYPE OF FACILITY: pipeline breakout station; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit the Title V compliance certifications; and 30 TAC §122.145(2)(C) and THSC, §382.085(b), by failing to submit deviation reports; PENALTY: $7,200; ENFORCEMENT COORDINATOR: Christopher Miller, (915) 698-9674; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701- 3756, (903) 535-5100.

(31) COMPANY: Weatherford Aerospace, Inc.; DOCKET NUMBER: 2004 0100-AIR-E; IDENTIFIER: Air Account Number PC-0077-R; LOCATION: Weatherford, Parker County, Texas; TYPE OF FACILITY: chemical milling operation; RULE VIOLATED: 30 TAC §122.145(2)(A) and (B), Federal Operating Permit Number O-01266, and THSC, §382.085(b), by failing to include all instances of deviations and by failing to submit a deviation report; and 30 TAC §113.380, 40 CFR Part 63, Subpart §§63.750(g), 63.747(d), and 63.753(e)(3)(ii)(A), Federal Operating Permit Number O-01266, and THSC, §382.085(b), by failing to submit semiannual reports and failing to demonstrate compliance with 40 CFR Part 63; PENALTY: $8,245; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(32) COMPANY: Weekley Homes, L.P. dba Weekley 281 Venture; DOCKET NUMBER: 2004 0501-EAQ-E; IDENTIFIER: Edwards Aquifer Site Registration Number 13-03052901, RN103156220; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: model home sales; RULE VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain approval of a water pollution abatement plan; PENALTY: $600; ENFORCEMENT COORDINATOR: Chris Friesenhahn, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

TRD-200403529

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: May 25, 2004

The Executive Director's Action on Texas Pollutant Discharge Elimination System General Permit Number TXG530000

On April 28, 2004, at a regularly scheduled public meeting, the Texas Commission on Environmental Quality approved Texas Pollutant Discharge Elimination System General Permit Number TXG530000. The general permit authorizes discharges from on-site treatment systems from single-family residences located within the San Jacinto River Basin in Harris County. The commission did not receive any public comment. The commission, by resolution, issued the general permit as recommended by the executive director. This notice is issued in accordance with 30 TAC §205.3(e)(4).

TRD-200403538

Stephanie Bergeron

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: May 25, 2004

Texas Department of Health

2005 Revision--Changes to the Texas Certificate of Birth

TRD-200403572

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: May 26, 2004

Texas Health and Human Services Commission

Notice of Public Hearing

A rate hearing on Reimbursement for Medicaid Mental Health Case Management (TCM) and Rehabilitative Services for the Texas Mental Health and Mental Retardation Resiliency and Disease Management Model will be held on June 15, 2004 at 1:00 p.m. in the Lone Star Conference Room of the Texas Health and Human Services Commission Braker Center located at 11209 Metric Blvd, Austin, Texas 78758.

Written comments may be submitted to the Texas Health and Human Services Commission Medicaid Rate Analysis, Mail Code H-400, 1100 West 49th Street, Austin, Texas 78756 or faxed to (512) 491-1998. Hand deliveries will be accepted at Braker Center, Mail Code H-400, 11209 Metric Blvd, Austin, Texas 78758. Comments must be received by 5:00 p.m. June 15, 2004. Interested parties may obtain a copy of the reimbursement-briefing package by calling the Rate Analysis Section at (512) 491-1358.

Persons requiring ADA accommodation should contact Tony Arreola by calling (512) 491-1358, at least 72 hours prior to the hearing. Persons requiring an interpreter for the deaf or hearing impaired should contact Tony Arreola through the Texas Relay Operator by calling 1-800-735-2988.

The proposed rates were determined in compliance with 1 Texas Administrative Code (TAC), Chapter 355, Subchapter F, §355.706.

TRD-200403534

Steve Aragón

General Counsel

Texas Health and Human Services Commission

Filed: May 25, 2004

Houston-Galveston Area Council

Call for Projects

FOR THE 2006 - 2008 TRANSPORTATION IMPROVEMENT PROGRAM

Houston-Galveston Area Council in its role as the Metropolitan Planning Organization (MPO) for the eight-county Transportation Management Area will be soliciting submittals for roadway, transit and other transportation programs and projects scheduled for implementation between September 1, 2005 and August 31, 2008.

H-GAC is soliciting project nominations from local area transportation and transit agency sponsors May 26 - August 18, 2004. Added capacity projects must be included in the 2025 Regional Transportation Plan to be considered. Upon submittal, projects will be evaluated for their benefit, readiness and eligibility to receive federal assistance.

For more information, please visit www.h-gac.com/HGAC/Departments/Transportation/TIP/default.htm or call Lynn Spencer, Senior TIP Planner, at 713-627-3200 for more details.

Houston-Galveston Area Council

3555 Timmons Lane

Houston, Texas 77027

Houston-Galveston Area Council

Filed: May 26, 2004

Texas Department of Insurance

Company Licensing

Application for a new organization applying for a certificate of authority in the State of Texas by AMERICAN INTERSTATE INSURANCE COMPANY OF TEXAS, a domestic fire and/or casualty company. The home office is in Austin, 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, within 20 days after this notice is published in the Texas Register .

TRD-200403570

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: May 26, 2004

Third Party Administrator Applications

The following third party administrator (TPA) application has been filed with the Texas Department of Insurance and is under consideration.

Application for incorporation in Texas of ASSOCIATION HEALTH CARE MANAGEMENT, INC., a domestic third party administrator. The home office is Houston, 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-200403495

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: May 24, 2004

Texas Lottery Commission

Instant Game Number 467 "Texas Stars & Guitars"

1.0. Name and Style of Game.

A. The name of Instant Game Number 467 is "TEXAS STARS & GUITARS." The play style is "key number match."

1.1. Price of Instant Ticket.

A. Tickets for Instant Game Number 467 shall be $1.00 per ticket.

1.2. Definitions in Instant Game Number 467.

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: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $40.00, $100 and $1,000.

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

Figure 1: GAME NO. 467 - 1.2D

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

Figure 2: GAME NO. 467 - 1.2E

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

F. Serial Number--A unique 13 digit number appearing under the latex scratch-off covering on the front of the ticket. There is a boxed four digit Security Number 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 $1.00, $2.00, $4.00, $5.00, $10.00 or $20.00.

H. Mid-Tier Prize--A prize of $40.00 or $100.

I. High-Tier Prize--A prize of $1,000.

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 (467), a seven digit pack number, and a three digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be: 467-0000001-000.

L. Pack--A pack of "TEXAS STARS & GUITARS" Instant Game tickets contains 250 tickets, packed in plastic shrink-wrapping and fanfolded in pages of five. Tickets 000 to 004 will be on top page; tickets 005 to 009 on the next page; etc.; and tickets 245 to 249 will be on the last page. A ticket will be folded over on both the front and back of the book so both ticket art and ticket backs are displayed in the shrink-wrap.

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

N. Ticket or Instant Game Ticket, or Instant Ticket--A Texas Lottery "TEXAS STARS & GUITARS" Instant Game Number 467 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 "TEXAS STARS & GUITARS" Instant Game is determined once the latex on the ticket is scratched off to expose 11 Play Symbols. If a player matches the LUCKY NUMBER play symbols to any of YOUR NUMBERS play symbols the player will win prize shown for that number. 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 11 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 11 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 11 Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 11 Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2. Programmed Game Parameters.

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

B. No duplicate non-winning YOUR NUMBERS on a ticket.

C. No duplicate non-winning prize symbols on a ticket.

D. Non-winning prize symbols will never be the same as the winning prize symbol(s).

E. No prize amount in a non-winning spot will correspond with the YOUR NUMBER play symbol (i.e. 5 and $5).

2.3. Procedure for Claiming Prizes.

A. To claim a "TEXAS STARS & GUITARS" Instant Game prize of $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $40.00 or $100, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $40.00 or $100 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "TEXAS STARS & GUITARS" Instant Game prize of $1,000, 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 "TEXAS STARS & GUITARS" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

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

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

2.6. If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "TEXAS STARS & GUITARS" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7. Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

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

3.0. Instant Ticket Ownership.

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

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

4.0. Number and Value of Instant Prizes. There will be approximately 12,000,000 tickets in the Instant Game Number 467. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 467 - 4.0

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery.

5.0. End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game Number 467 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 467, 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-200403410

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: May 20, 2004

Manufactured Housing Division

Notice of Public Hearing

Notice is hereby given of a public hearing to be held by the Manufactured Housing Division of the Texas Department of Housing and Community Affairs (the "Department") at 1:00 p.m. on Tuesday, July 6, 2004 at 507 Sabine Street, 4th Floor Boardroom, Austin, Texas 78701. The public hearing is to accept comments on proposed amendments to §80.201 and §80.209 to Title 10 Texas Administrative Code, Chapter 80 (West) ("Rules"), concerning provisions for correcting Statements of Ownership and Location and revising the Application for Statement of Ownership and Location form to allow retailers to report homes that are in their inventory. The proposed amendments are published in this issue of the Texas Register .

All interested parties are invited to attend such public hearing to express their views with respect to the proposed amendments to the manufactured housing rules. Questions or requests for additional information may be directed to Sharon S. Choate at the Manufactured Housing Division of the Texas Department of Housing and Community Affairs, 507 Sabine Street, 10th Floor, Austin, Texas 78701, telephone (512) 475-2206, or e-mail at sharon.choate@tdhca.state.tx.us.

Persons who intend to appear at the hearing and express their views are invited to contact Sharon S. Choate in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their comments in writing to Sharon S. Choate prior to the date scheduled for the hearing. Written comments may be sent to the Manufactured Housing Division of the Texas Department of Housing and Community Affairs, P.O. Box 12489, Austin, Texas 78711-2489, faxed to (512) 475-4250, or e-mailed to sharon.choate@tdhca.state.tx.us.

This notice is published and the above described hearing is to be held in satisfaction of the requirements of the Texas Manufactured Housing Standards Act, Occupations Code, Subtitle C, Chapter 1201 and Title 10 Texas Administrative Code (West).

Individuals who require auxiliary aids for this meeting should contact Gina Arenas, ADA Responsible Employee, at (512) 475-3943, or Relay Texas at 1-800-735-2989 at least two days prior to the meeting so that appropriate arrangements can be made.

TRD-200403473

Timothy K. Irvine

Executive Director

Manufactured Housing Division

Filed: May 21, 2004

Panhandle Regional Planning Commission

Invitation for Bids Legal Notice

The Panhandle Regional Planning Commission (PRPC) is soliciting bids for a contract to purchase ten (10) personal computers (PCs) and related equipment.

To comply with our funding agency’s requirements, PRPC will only accept bids for PCs produced by a Tier1/Tier2 manufacturer as designated by the Gartner Group. Tier 1/Tier 2 manufacturers include: Acer, AST, Compaq, Digital, Dell, Gateway, HP, IBM, Micron, NEC, Unisys and Zenith Data Systems.

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

Bids must be submitted to the Panhandle Regional Planning Commission no later than 5:00 p.m., June 16, 2004. Bids received after the indicated date and time will not be accepted or considered for award. PRPC reserves the right to reject any and all bids, to waive any irregularities in any bids or in the bidding process, and may accept the bid or bids deemed to be in its best interest.

TRD-200403569

Leslie Hardin

Facilities Coordinator

Panhandle Regional Planning Commission

Filed: May 26, 2004

Public Utility Commission of Texas

Application for Reciprocity Suspension of Deadline for Wireless Number Portability Implementation

Notice is given to the public of the filing with the Public Utility Commission of Texas of a petition filed on May 21, 2004, for reciprocity suspension of the Federal Communications Commission (FCC) requirement to implement wireless local number portability (LNP).

Docket Style and Number: Application of ENMR Telephone Cooperative, Incorporated for Reciprocity Suspension of Federal Communications Commission Requirement to Implement Wireless Number Portability. Docket Number 29779.

The Petition: ENMR Telephone Cooperative, Incorporated (ENMR or the company) seeks reciprocity suspension of the Federal Communications Commission (FCC) deadline to implement local number portability by May 24, 2004, in the company's Texas exchanges, pending action by the New Mexico Public Regulation Commission (NMPRC). The company requested that the Public Utility Commission of Texas give reciprocity to an order of the NMPRC pursuant to P.U.C. Procedural Rule §22.263(d). ENMR provides service to 931 customers in Texas out of a total of 12,671 customers. All of the company's Texas customers are served by central offices located within New Mexico. Currently, ENMR's obligation to implement LNP in its New Mexico switches is suspended by the NMPRC Order dated March 16, 2004.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll- free) 1-800-735-2989. All comments should reference Docket Number 29779.

TRD-200403548

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 25, 2004

Notice of Application for Declaratory Relief, or in the Alternative Request for Waiver

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on April 30, 2004 for declaratory relief or, in the alternative, request for waiver.

Docket Title and Number: Application of CenterPoint Energy Houston Electric, LLC for Declaratory Relief or, in the Alternative, Request for Waiver. Docket Number 29648.

The Application: CenterPoint Energy Houston Electric, LLC (CenterPoint Energy) filed a request for declaratory relief as to the application of Texas Utilities Code §39.904, and the renewable energy credit (REC) requirements and penalty provisions of P.U.C. Substantive Rule §25.173 to Reliant Energy HL&P, the predecessor in interest to CenterPoint Energy. Further, CenterPoint Energy request declaratory relief of Reliant Energy HL&P’s REC obligation for 2002 or 2003, either as a Load Serving entity (LSE) or a Transmission and Distribution Service Provider (TDSP). In the alternative, if the commission finds that CenterPoint Energy is subject to the REC program obligations, then CenterPoint Energy request that the commission grant a good cause waiver of the 2002 and 2003 REC obligations and any associated penalties for insufficient RECs, pursuant to P.U.C. Substantive Rule §25.173(o)(4).

On or before June 11, 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 29648.

TRD-200403549

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 25, 2004

Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on May 20, 2004, for a service provider certificate of operating authority (SPCOA), pursuant to Public Utility Regulatory Act (PURA) §§54.151 - 54.156. A summary of the application follows.

Docket Title and Number: Application of Victory Communications, Incorporated for a Service Provider Certificate of Operating Authority, Docket Number 29761 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service.

Applicant's requested SPCOA geographic area includes the entire state of Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than June 9, 2004. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 29761.

TRD-200403525

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 24, 2004

Notice of Application for Waiver of Denial of Request for NXX Code

Notice is given to the public of the filing with the Public Utility Commission of Texas an application on May 20, 2004, for waiver of denial by the North American Numbering Plan Administrator (NANPA) Pooling Administrator (PA) of AT&T Communications of Texas, L.P. and TCG Dallas' request for additional telephone numbers in the Euless rate center.

Docket Title and Number: Application of AT&T Communications of Texas, L.P. and TCG Dallas (collectively AT&T) for Waiver of Neustar Denial of Code Request. Docket Number 29763.

The Application: AT&T requested the Commission waive Neustar's denial of its request for a single 1,000-block to be used to accommodate a single customer request in the Euless rate center.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than June 18, 2004. Hearing and speech- impaired individuals with text telephones (TTY) may contact the Commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 29763.

TRD-200403526

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 24, 2004

Notice of Application to Amend Certificated Service Area Boundaries

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application filed on May 21, 2004, for an amendment to certificated service area boundaries within Hidalgo County, Texas.

Docket Style and Number: Joint Application of Magic Valley Electric Cooperative, Incorporated and AEP Texas for an Amendment to a Certificate of Convenience and Necessity for Service Area Boundaries within Hidalgo County, Texas. Docket Number 29776.

The Application: Magic Valley Electric Cooperative, Incorporated (MVEC) has received a request to serve a parcel of land upon which Ross Gin will construct a cotton gin. The joint applicants are the only electric utilities that are affected by the proposed boundary change. Both MVEC and AEP Texas support the proposed boundary change. A total of 32.37 acres currently singly certificated to AEP Texas will become singly certificate to MVEC if this application is granted.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas no later than June 11, 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 29776.

TRD-200403547

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 25, 2004

Notice of Application to Discontinue Certain Services Associated with a Service Provider Certificate of Operating Authority

On May 18, 2004, WinStar Communications, LLC filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60027. Applicant intends to discontinue certain services provided to non-federal governmental customers primarily in the Dallas-Fort Worth and Houston metropolitan areas.

The Application: Application of WinStar Communications, LLC to Discontinue Certain Services Associated with its Service Provider Certificate of Operating Authority, Docket Number 29747.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than June 9, 2004. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 29747.

TRD-200403480

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 21, 2004

Notice of Intent to File LRIC Study Pursuant to P.U.C. Substantive Rule §26.214

Notice is given to the public of the filing on May 21, 2004, with the Public Utility Commission of Texas (commission), a notice of intent to file a long fun incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.214. The Applicant will file the LRIC study on or around June 2, 2004.

Docket Title and Number: United Telephone Company of Texas, Incorporated, doing business as Sprint, Application for Approval of LRIC Study Pursuant to P.U.C. Substantive Rule §26.214, Docket Number 29765.

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 29765. Written comments or recommendations should be filed no later than forty-five (45) days after the date of a sufficient study and should be filed at 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 29765.

TRD-200403545

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 25, 2004

Notice of Intent to File LRIC Study Pursuant to P.U.C. Substantive Rule §26.214

Docket Title and Number: Central Telephone Company of Texas, Incorporated, doing business as Sprint, Application for Approval of LRIC Study Pursuant to P.U.C. Substantive Rule §26.214, Docket No. 29766.

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 29766. Written comments or recommendations should be filed no later than forty-five (45) days after the date of a sufficient study and should be filed at 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 29766.

TRD-200403546

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 25, 2004

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

Notice is given to the public of the filing on May 6, 2004, with the Public Utility Commission of Texas (commission), a notice of intent to file a long fun incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.215. The Applicant will file the LRIC study on or around May 17, 2004.

Docket Title and Number: GTE Southwest, Incorporated, doing business as Verizon Southwest, Application for Approval of LRIC Study Pursuant to P.U.C. Substantive Rule §26.215, Docket Number 29678.

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 29678. Written comments or recommendations should be filed no later than forty-five (45) days after the date of a sufficient study and should be filed at 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 29678.

TRD-200403544

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 25, 2004

Notice of Intent to File LRIC Study Pursuant to P.U.C. Substantive Rule §26.225

Notice is given to the public of the filing on May 17, 2004, with the Public Utility Commission of Texas (Commission), a notice of intent to file a long fun incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.225. The Applicant will file the LRIC study on or around May 27, 2004.

Docket Title and Number: Verizon Southwest Application for Approval of LRIC Study Pursuant to P.U.C. Substantive Rule §26.225, Docket Number 29742.

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 29742. Written comments or recommendations should be filed no later than forty-five (45) days after the date of a sufficient study and should be filed at 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 29742.

TRD-200403543

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 25, 2004

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

Notice is given to the public of Central Telephone Cooperative Incorporated's application filed with the Public Utility Commission of Texas (commission) on May 3, 2004 to withdraw services pursuant to P.U.C. Substantive Rule §26.208.

Docket Title and Number: Application of Central Texas Telephone Cooperative, Incorporated to Withdraw Pick 3 and Pick 5 Feature Packages from the General Exchange Tariff Pursuant to P.U.C Substantive Rule §26.208(h), Docket Number 29659.

The Application: Central Texas Telephone Cooperative, Incorporated filed an application to withdraw the optional Pick 3 and Pick 5 feature packages from its General Exchange Tariff. Central Texas Telephone stated it has no subscribers for these packages and requests to withdraw these services due to administrative problems associated with the ordering and provisioning of these packages. Central Texas Telephone stated it has not sold any Pick 3 or Pick 5 packages to date, therefore, provisions for grandfathering current subscribers are not necessary and it has no annual revenues to report.

Persons wishing to comment on this application should contact the Public Utility Commission of Texas, by June 24, 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 toll-free 1-800-735-2989. All correspondence should refer to Docket Number 29659.

TRD-200403536

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 25, 2004

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

Notice is given to the public of Alenco Communication Incorporated's application filed with the Public Utility Commission of Texas (commission) on May 4, 2004 to withdraw services pursuant to P.U.C. Substantive Rule §26.208.

Docket Title and Number: Application of Alenco Communications, Incorporated, doing business as ACI, to Withdraw Services Pursuant to P.U.C. Substantive Rule §26.208, Docket Number 29664.

The Application: Alenco Communications, Incorporated, doing business as ACI, filed an application to withdraw the following services: Call Forwarding - Variable Multi-Path; Cancel Call Waiting; Central Office Services; Intel Call Packages; Intercom: Optional Network Access Line Services; Public Pay Telephone Service - Semi-Public Telephone Service; Remote Access to Call Forwarding; Simplified Message Desk Interface; Smart Ring; Special Call Waiting; VIP Alert; Wake Up Service; Customer Calling Packaged Services for the exchanges of Donie, Maryneal, McCaulley and Sylvester: Residence/Business-Any Two Features, Residence/Business - Any Three Features, Residence/Business - Any Four Features. Many of the services ACI proposes to withdraw have never been offered because ACI is not technically capable of providing these services or they have become obsolete. These services were erroneously tariffed, except Public Telephone Service and Semi-Public Telephone Service, because ACI acquired several GTE exchanges. (Public Telephone Service and Semi-Public Telephone Service are obsolete and were replaced by Pay Telephone, already offered in another subsection of Section 5 of ACI's tariff.) Those exchanges offered the proposed withdrawn services at that time. Since the transfer of the exchanges to ACI, the services have never been offered.

Persons wishing to comment on this application should contact the Public Utility Commission of Texas, by July 7, 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 toll-free 1-800-735-2989. All correspondence should refer to Docket Number 29664.

TRD-200403537

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 25, 2004

Texas Department of Transportation

Notice of Correction

Notice of Correction: The Texas Department of Transportation published a request for competing proposals and qualifications pursuant to Transportation Code, §360.3022 in the Texas Register dated May 21, 2004 (29 TexReg 5145). This Notice of Correction corrects the due date of the competitive proposals and qualifications submittals (PQS). The PQS are due August 19, 2004.

TRD-200403533

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: May 25, 2004

Texas Workers' Compensation Commission

Correction of Error

The Texas Workers' Compensation Commission adopted 28 TAC §134.402, concerning the Ambulatory Surgical Center Fee Guideline. Notice of the adoption was published in the April 30, 2004 issue of the Texas Register (29 TexReg 4191).

The preamble for §134.402 contained errors as indicated below:

Page 4192, left column, 2nd full paragraph, 5th sentence Change "address" to "addresses". The sentence should read as follows: "The statutory requirement that workers' compensation not pay more than payers on behalf of patients from populations with equivalent standards of living addresses a cap on workers' compensation fees, except to the extent that special features of workers' compensation require higher fees."

Page 4195, right column, 1st full paragraph Delete duplicate word. The sentence should read as follows: Recognizing the statutory mandate that the commission establish guidelines that provide the assurance of quality medical care together with achieving effective medical cost control, Ingenix observed that "reimbursement levels must therefore be sufficiently high to ensure access to quality care, sufficiently low to achieve medical cost control, and not in excess of fees paid by or on behalf of individuals with an equivalent standard of living."

Page 4196, right column, 2nd full paragraph, 3rd sentence Delete duplicate period. The sentence should read as follows: "However, Ingenix's recommended reimbursement range did not contain an explicit reduction for security of payment or for extraordinary encouragement of medical cost control related to reimbursement rates."

Page 4197, left column, 9th paragraph, 1st sentence Delete "and" and insert commas and "concerns" at end of sentence. The sentence should read as follows: "The commission considered all information presented, subsequent discussion of the FFG workgroup, and the MAC's concerns."

Page 4198, left column, 5th paragraph, 4th sentence Delete last 2 words in sentence. The sentence should read as follows: "Subsection (a) requires use of the most recent payment policies adopted by the Medicare program for compliance with commission rules, decisions, and orders."

Page 4198, left column, 5th paragraph, 7th sentence Insert "to". The sentence should read as follows: "Pursuant to §408.021 of the Texas Labor Code, injured employees are entitled to all health care reasonably required by the nature of the injury as and when needed, to cure or relieve the effect naturally resulting from the compensable injury, to promote recovery or enhance the ability of the employer to return to or retain employment."

Page 4198, left column, 5th paragraph, 8th sentence Insert commas. The sentence should read as follows: "To the extent that this entitlement may differ from the entitlement of the Medicare recipients, the decision of the commission, through its dispute resolution process, must take precedence over the provisions adopted or utilized by CMS in administering the Medicare program."

Page 4199, right column, 2nd full paragraph, 1st sentence Delete hyphen in "mis-applied". The sentence should read as follows: "Commenters stated that it was unclear from the proposed rule how or if the LOS would relate to this portion of proposed "lesser of" clause, and further suggested that LOS would be misapplied and the MAR would ultimately be a single surgical per diem capitation of $1,118, regardless of the commission's intent."

Page 4201, right column, 4th paragraph, 5th sentence Insert "and". The sentence should read as follows: "In Texas, alone of the 50 states, lower medical costs are more necessary to hold and restrain premium increases and ensure greater worker access to medical care for workplace injuries."

Page 4202, right column, 1st paragraph, 2nd sentence Delete "of". The sentence should read as follows: "Commenters observed that access to quality, cost-effective care may be jeopardized if providers are required to perform these services at the proposed reimbursement rate, rather than at a rate that commenters would find acceptable and purportedly in the best interest of the patient."

Page 4207, left column, 4th paragraph, 1st sentence Replace semicolons with commas and insert parenthesis. The sentence should read as follows: "COMMENT: Commenters expressed concern and questioned the proposed rule's provisions for the reimbursement of prosthetics, orthotics, durable medical equipment and supplies (specifically implants, screws, external fixators, lenses, bone cements, bone substitutes, and donor tissues), overnight stays, the number of procedures considered, and grouped and non-grouped procedures."

Page 4208, right column, 3rd full paragraph, 3rd sentence Insert period at end of sentence. The sentence should read as follows: "TMIC asserts that those CPT codes should be performed in a physician setting, and in fact are rarely done in ASCs."

Page 4208, right column, 5th paragraph Delete "on". The sentence should read as follows: "Because the commission has deleted (c)(2) of the proposed rule, for reasons discussed elsewhere in this preamble, there will not be any health care provided in an ASC that is not on the ASC List of Medicare Approved Procedures, and there is no need to establish specific reimbursement rates for those procedures that are not on the ASC List of Medicare Approved Procedures."

Page 4211, left column, 1st full paragraph Delete "[a]". The sentence should read as follows: "Commenter recommended that the commission establish categories other than those established for the Medicare system, arranged so that they are comparable in complexity and costs, with fixed fees that reflect the true cost of providing each procedure rather than based on a Medicare multiplier."

TRD-200403527

Kaylene Ray

Assistant General Counsel

Texas Workers' Compensation Commission

Filed: May 24, 2004

Invitation to Apply to the Medical Advisory Committee (MAC)

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

Primary

* Dentist

* Employer

* General Public 1

Alternate

* Public Health Care Facility Representative

* Dentist

* Pharmacist,

* Employer

* General Public 1

* Insurance Carrier

Commissioners for the Texas Workers' Compensation Commission appoint the Medical Advisory Committee members who are composed of 18 primary and 18 alternate members representing health care providers, employees, employers, insurance carriers, and the general public. Primary members are required to attend all Medical Advisory Committee meetings, subcommittee meetings, and work group meetings to which they are appointed. The alternate member may attend all meetings, however during a primary member's absence, the alternate member must attend all meetings to which the primary member is appointed. Requirements and responsibilities of members are established in the Procedures and Standards for the Medical Advisory Committee as adopted by the Commission.

The Medical Advisory Committee meetings must be held at least quarterly each fiscal year during regular Commission working hours. Members are not reimbursed for travel, per diem, or other expenses associated with Committee activities and meetings.

The purpose and task of the Medical Advisory Committee, which includes advising the Commission's Medical Review Division on the development and administration of medical policies, rules and guidelines, are outlined in the Texas Workers' Compensation Act, §413.005.

Applications and other relevant Medical Advisory Committee information may be viewed and downloaded from the Commission's website at http://www.twcc.state.tx.us and then clicking on Calendar of Commission Meetings, Medical Advisory Committee. Applications may also be obtained by calling Jane McChesney, MAC Coordinator, at 512-804-4855 or R. L. Shipe, Director, Medical Review, at 512-804-4802.

The qualifications as well as the terms of appointment for all positions are listed in the Procedures and Standards for the Medical Advisory Committee. These Procedures and Standards are as follows:

LEGAL AUTHORITY. The Medical Advisory Committee for the Texas Workers' Compensation Commission, Medical Review Division is established under the Texas Workers' Compensation Act, (the Act) §413.005.

PURPOSE AND ROLE. The purpose of the Medical Advisory Committee (MAC) is to bring together representatives of health care specialties and representatives of labor, business, insurance and the general public to advise the Medical Review Division in developing and administering the medical policies, fee guidelines, and the utilization guidelines established under §413.011 of the Act.

COMPOSITION Membership. The composition of the committee is governed by the Act, as it may be amended. Members of the committee are appointed by the Commissioners and must be knowledgeable and qualified regarding work-related injuries and diseases.

Members of the committee shall represent specific health care provider groups and other groups or interests as required by the Act, as it may be amended. As of September 1, 2001, these members include a public health care facility, a private health care facility, a doctor of medicine, a doctor of osteopathic medicine, a chiropractor, a dentist, a physical therapist, a podiatrist, an occupational therapist, a medical equipment supplier, a registered nurse, and an acupuncturist. Appointees must have at least six (6) years of professional experience in the medical profession they are representing and engage in an active practice in their field.

The Commissioners shall also appoint the other members of the committee as required by the Act, as it may be amended. An insurance carrier representative may be employed by: an insurance company; a certified self-insurer for workers' compensation insurance; or a governmental entity that self-insures, either individually or collectively. An insurance carrier member may be a medical director for the carrier but may not be a utilization review agent or a third party administrator for the carrier.

A health care provider member, or a business the member is associated with, may not derive more than 40% of its revenues from workers compensation patients. This fact must be certified in their application to the MAC.

The representative of employers, representative of employees, and representatives of the general public shall not hold a license in the health care field and may not derive their income directly from the provision of health care services.

The Commissioners may appoint one alternate representative for each primary member appointed to the MAC, each of whom shall meet the qualifications of an appointed member.

Terms of Appointment: Members serve at the pleasure of the Commissioners, and individuals are required to submit the appropriate application form and documents for the position. The term of appointment for any primary or alternate member will be two years, except for unusual circumstances (such as a resignation, abandonment or removal from the position prior to the termination date) or unless otherwise directed by the Commissioners. A member may serve a maximum of two terms as a primary, alternate or a combination of primary and alternate member. Terms of appointment will terminate August 31 of the second year following appointment to the position, except for those positions that were initially created with a three-year term. For those members who are appointed to serve a part of a term that lasts six (6) months or less, this partial appointment will not count as a full term.

Abandonment will be deemed to occur if any primary member is absent from more than two (2) consecutive meetings without an excuse accepted by the Medical Review Division Director. Abandonment will be deemed to occur if any alternate member is absent from more than two (2) consecutive meetings which the alternate is required to attend because of the primary member's absence without an excuse accepted by the Medical Review Division Director.

The Commission will stagger the August 31st end dates of the terms of appointment between odd and even numbered years to provide sufficient continuity on the MAC.

In the case of a vacancy, the Commissioners will appoint an individual who meets the qualifications for the position to fill the vacancy. The Commissioners may re-appoint the same individual to fill either a primary or alternate position as long as the term limit is not exceeded. Due to the absence of other qualified, acceptable candidates, the Commissioners may grant an exception to its membership criteria, which are not required by statute.

RESPONSIBILITY OF MAC MEMBERS Primary Members. Make recommendations on medical issues as required by the Medical Review Division.

Attend the MAC meetings, subcommittee meetings, and work group meetings to which they are appointed.

Ensure attendance by the alternate member at meetings when the primary member cannot attend.

Provide other assistance requested by the Medical Review Division in the development of guidelines and medical policies.

Alternate Members. Attend the MAC meetings, subcommittee meetings, and work group meetings to which the primary member is appointed during the primary member's absence.

Maintain knowledge of MAC proceedings.

Make recommendations on medical issues as requested by the Medical Review Division when the primary member is absent at a MAC meeting.

Provide other assistance requested by the Medical Review Division in the development of guidelines and medical policies when the primary member is absent from a MAC meeting.

Committee Officers. The chairman of the MAC is designated by the Commissioners. The MAC will elect a vice chairman. A member shall be nominated and elected as vice chairman when he/she receives a majority of the votes from the membership in attendance at a meeting at which nine (9) or more primary or alternate members are present.

Responsibilities of the Chairman. Preside at MAC meetings and ensure the orderly and efficient consideration of matters requested by the Medical Review Division.

Prior to a MAC meeting confer with the Medical Review Division Director, and when appropriate, the TWCC Executive Director to receive information and coordinate:

a. Preparation of a suitable agenda.

b. Planning MAC activities.

c. Establishing meeting dates and calling meetings.

d. Establishing subcommittees.

e. Recommending MAC members to serve on subcommittees.

If requested by the Commission, appear before the Commissioners to report on MAC meetings.

COMMITTEE SUPPORT STAFF. The Director of Medical Review will provide coordination and reasonable support for all MAC activities. In addition, the Director will serve as a liaison between the MAC and the Medical Review Division staff of TWCC, and other Commission staff if necessary.

The Medical Review Director will coordinate and provide direction for the following activities of the MAC and its subcommittees and work groups:

Preparing agenda and support materials for each meeting.

Preparing and distributing information and materials for MAC use.

Maintaining MAC records.

Preparing minutes of meetings.

Arranging meetings and meeting sites.

Maintaining tracking reports of actions taken and issues addressed by the MAC.

Maintaining attendance records.

SUBCOMMITTEES. The chairman shall appoint the members of a subcommittee from the membership of the MAC. If other expertise is needed to support subcommittees, the Commissioners or the Director of Medical Review may appoint appropriate individuals.

WORK GROUPS. When deemed necessary by the Director of Medical Review or the Commissioners, work groups will be formed by the Director. At least one member of the work group must also be a member of the MAC.

WORK PRODUCT. No member of the MAC, a subcommittee, or a work group may claim or is entitled to an intellectual property right in work performed by the MAC, a subcommittee, or a work group.

MEETINGS Frequency of Meetings. Regular meetings of the MAC shall be held at least quarterly each fiscal year during regular Commission working hours.

CONDUCT AS A MAC MEMBER. Special trust has been placed in members of the Medical Advisory Committee. Members act and serve on behalf of the disciplines and segments of the community they represent and provide valuable advice to the Medical Review Division and the Commission. Members, including alternate members, shall observe the following conduct code and will be required to sign a statement attesting to that intent.

Comportment Requirements for MAC Members:

Learn their duties and perform them in a responsible manner;

Conduct themselves at all times in a manner that promotes cooperation and effective discussion of issues among MAC members;

Accurately represent their affiliations and notify the MAC chairman and Medical Review Director of changes in their affiliation status;

Not use their memberships on the MAC: a. in advertising to promote themselves or their business. b. to gain financial advantage either for themselves or for those they represent; however, members may list MAC membership in their resumes;

Provide accurate information to the Medical Review Division and the Commission;

Consider the goals and standards of the workers' compensation system as a whole in advising the Commission;

Explain, in concise and understandable terms, their positions and/or recommendations together with any supporting facts and the sources of those facts;

Strive to attend all meetings and provide as much advance notice to the Texas Workers' Compensation Commission staff, attn: Medical Review Director, as soon as possible if they will not be able to attend a meeting; and

Conduct themselves in accordance with the MAC Procedures and Standards, the standards of conduct required by their profession, and the guidance provided by the Commissioners, Medical Review Division or other TWCC staff.

TRD-200403532

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: May 25, 2004