TITLE in-addition

Central Texas Regional Mobility Authority

Job Posting Notice

CTRMA Chief Financial Officer Posting

The Central Texas Regional Mobility Authority ("CTRMA") seeks a Chief Financial Officer ("CFO") for comprehensive financial administration and oversight of CTRMA operations. The CTRMA was created through the joint efforts of Travis and Williamson Counties, Texas with the intended purposes of implementing regional mobility solutions within the region encompassed by the two counties. Its creation was approved by the Texas Department of Transportation ("TxDOT"). The CTRMA Board of Directors is comprised of three members appointed by the Travis County Commissioners Court; three members appointed by the Williamson County Commissioners Court; and a chairperson appointed by the Governor. The proposed US 183-A turnpike project in Williamson County has been identified as CTRMA's initial project, and State Highway 45 Southeast in Travis County has been identified as the next highest priority project. The CTRMA is considering several other toll projects in the area, and has legislative authorization to pursue and develop a variety of other transportation projects. The CFO will plan, direct, and coordinate all accounting, debt and treasury management, purchasing, billing, and collection of revenue; supervise the CTRMA accounting, auditing, purchasing and data processing departments, including hiring, training and review of personnel; administer and review CTRMA employee benefits program; participate in formulating and executing CTRMA financial policies, including internal financial control systems; review financial policies, activities and personnel actions and coordinate with legal counsel to assure compliance with legal requirements, including applicable accounting and securities rules and regulations; and develop and administer the annual CTRMA budget and assure that all work is conducted within budgetary constraints and according to CTRMA policies, codes, and standards of quality. The CFO will serve under and report to the Executive Director, will serve as the on-site executive officer of the CTRMA in the absence of Executive Director and will advise on financial implications regarding public policy, strategic initiatives, new programs, and proposed large capital expenditures. The CFO will prepare all regular annual and quarterly financial reports required by law; prepare monthly financial reports for the Board of Directors, and reports on specific issues as requested; train the Board of Directors and CTRMA personnel regarding financial responsibilities; provide testimony and briefings to local, state and federal entities, and members of the Texas Legislature; brief and meet with potential investors and bond rating agencies; and respond to media reports and open records requests in coordination with legal counsel and the Executive Director. It is desirable that the candidate have had experience with financial aspects of revenue bond financed projects, construction and operation of toll roads, or development and operation of other transportation infrastructure. The candidate should possess knowledge of governmental administration regarding budgeting, accounting, purchasing, financial reporting and fiscal management; banking and financial market organization and function, including automated financial systems; and principles of effective administration, organization and supervision, including implementing effective information management systems. The candidate should have the ability to assess proposed programs and policies in terms of financial and administrative implications, and to appraise financial market trends in relation to any CTRMA debt. Effective communication skills are critical to the job, and the candidate should have the ability to communicate effectively with CTRMA personnel, governmental officials, contractors, consultants, debt rating agency personnel, investors and the investment banking community, and the general public.

A Bachelor's Degree in Finance and/ or Accounting is required, and candidate must also be Certified Public Accountant. Five years accounting experience, three years supervisory experience, and proficiency with MS Word, Excel and other integrated business computer software is required. Ten years accounting and auditing experience, five years supervisory experience, and experience with a public organization subject to pronouncements of the Governmental Accounting Standards Board is preferred. The salary for the CFO position will be negotiated upon final selection of a qualified candidate.

The CTRMA is an Equal Opportunity Employer, and in accordance with the Americans with Disabilities Act, will provide reasonable accommodations to qualified individuals with disabilities and encourages prospective employees to discuss potential accommodations with the CTRMA. The tasks associated with this position involve moderate physical exertion (standing, walking, frequent lifting of 5-10 pounds), and may involve extended periods of time at a keyboard or work station. Some tasks require oral communications ability, visual perception and discrimination, and ability to perceive and discriminate sounds. Tasks may also include risk of exposure to smoke, pollen and dust.

To apply please send cover letter and resumé to:

CTRMA Chief Financial Officer Attention: Mike Heiligenstein, Executive Director Central Texas Regional Mobility Authority 13640 Briarwick Drive, Suite 200 Austin, Texas, 78729 (512) 996-9784 FAX cforkner@ctrma.org EMAIL

Questions concerning this posting may be directed to the same address. Resumes must be received by 4:00 pm, CDT, on July 9, 2004 to be considered. Resumes will be accepted by hard copy, facsimile, or email.

TRD-200403967

Mike Heiligenstein

Executive Director

Central Texas Regional Mobility Authority

Filed: June 16, 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 June 3, 2004, through June 9, 2004. The public comment period for these projects will close at 5:00 p.m. on July 16, 2004.

FEDERAL AGENCY ACTIONS:

Applicant: Eduardo Lopez ; Location: The project is located at 3702 Highway 6, Hitchcock, in Galveston County, Texas. The wetlands are adjacent to a canal that empties into Highland Bayou. The project can be located on the U.S.G.S. quadrangle map entitled: Virginia Point, Texas. Project Description: The applicant is seeking an after-the-fact permit to retain 0.19 acre of fill and to place fill into an additional 1.01 acres of wetlands located on his property. The proposed project will require approximately 420 cubic yards of fill material. This is a total impact of 1.20 acres of tidally influenced wetlands. The lot currently contains a house, driveway, and a canal. The purpose of the proposed fill is to create an upland area for the applicant's septic system and yard. CCC Project No.: 04-0187-F1; Type of Application: U.S.A.C.E. permit application #23404 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 Commission on Environmental Quality under §401 of the Clean Water Act.

Applicant: 628 Investments, LLC ; Location: The project is located in Land Block 244, Burton and Danforth Subdivision, adjacent to the Gulf Intracoastal Waterway (GIWW), on the east side of State Highway 35 and north of Palm Harbor Subdivision, approximately 3 miles north of Aransas Pass, Aransas County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Estes, Texas. Approximate UTM Coordinates: Zone 14; Easting: 688100; Northing: 3095500. Project Description: The applicant seeks authorization to dredge a marina and access channel that connects to the GIWW and to construct 23 floating docks, stabilization structures, and mitigation area in order to build a private marina and waterfront single-family residential subdivision. A total of 14.22 acres of wetlands would be either excavated or filled for the project. The wetlands that would be impacted consist of: 12.02 acres of upper saltmarsh; 2.10 acres of sand flats; 0.07 acre of lower saltmarsh (brackish); and 0.0329 acre of area with 75% coverage (0.025 acre) of shoal grass (Halodule wrightii). The marina would cover 16.99 acres of surface area and would include a shallow-water mitigation zone that would surround the entire basin. Approximately 13.26 acres of wetlands would be mechanically excavated for the marina and the operation would require that a crude oil pipeline be relocated to uplands. The marina basin would have a shallow- and a deep-water area. The shallow part would be dredged to a minimum of -4 feet mean low water (MLW) and the deep part to a minimum depth of -5 feet MLW. Approximately 152,000 cubic yards of material would be dredged from the proposed basin. The basin bottom would be sloped so that the upper end is shallower than the inlet end to promote water quality. Approximately 9,100 cubic yards of this material would be used to fill 1.13 acres of wetlands and the remaining material would be placed onsite in upland areas. A 200-foot-long access channel would connect the basin to the GIWW. The channel would be 50 feet wide (top-edge cut) and excavated by mechanical and/or hydraulic means to a depth of -7 feet MLW. Breaching operations at the access mouth would be accomplished by a land-based dragline working on mats from the north side of the inlet. The remainder of the inlet breach and dredging operation adjacent to the GIWW would be accomplished either by barge-mounted dragline or hydraulic dredge. Excavated material would be dewatered within lot fill area prior to spreading and compaction operations. Best management practices would be utilized around disposal sites to ensure water quality is not impaired. A saltmarsh mitigation area, at least 40 feet wide, would surround the entire basin and would act as a buffer zone between the water and upland lots. A retaining structure would separate the uplands from the wetlands. Residents would access the basin via elevated walkways over the saltmarsh. Walkways would be constructed generally at every other lot line and be shared by adjacent lot owners. A floating dock at the end of the walkways would provide mooring for two small boats. The private marina would be a floating dock-type construction and provide approximately forty 20-foot boat slips. The mitigation area would consist of two planting areas utilizing a combination of in-kind replacement for portions of the saltmarsh habitat and smooth cordgrass habitat creation for all other wetland impacts. One planting area is a 15-foot-wide fringe that would be downgradient from the created (in-kind) or avoided saltmarsh buffer area surrounding the basin. The second area is a large isolated area adjacent to the shallow basin habitat and across the basin from the residential development. For the in-kind area, approximately 2.83 acres would be excavated to an elevation between +2 and +2.5 feet MLW as determined suitable for the colonization of saltmarsh wetland vegetation. The smooth cordgrass mitigation zone would be excavated to approximately +0.2 to +0.9 feet MLW with any circulation channels approximately 10 feet wide. Planting technique would utilize multi-culm transplant units on 3-foot centers. Transplant units would be obtained from onsite wetlands, state-owned lands, or from commercial sources. No more than two 6-inch plugs of source material per 1-square-yard would be obtained from the designated borrow areas. An erosion control structure, consisting of an articulated, open cell, concrete block revetment would be placed along approximately 2,600 feet of GIWW shoreline and additional revetment would be placed along the inlet channel to the marina basin. CCC Project No.: 04-0190-F1; Type of Application: U.S.A.C.E. permit application #23225 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 Commission on Environmental Quality under §401 of the Clean Water Act.

Applicant: Falcon Bay Energy, LLC ; Location: The project is located in N/2 ST 11 in Baffin Bay, approximately 2 miles NW of Point Penascal in Kleberg County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Point of Rocks, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 653150; Northing: 3017500. Project Description: The applicant proposes to install, operate, and maintain structures and equipment necessary for oil and gas drilling, production, and transportation activities for Well No. 1. Such activities include installation of typical marine barges and keyways, shell and gravel pads, production structures with attendant facilities, and flowlines. Approximately 4,000 cubic yards of shell, crushed rock, or washed gravel will be used as a base for the proposed drilling rig and production facility. The pad would be 270 feet long by 100 feet wide with 2:1 side slopes and cover approximately 31,500 square feet of area at a typical elevation of +3 feet above the bay bottom. Deep-water access is available into and at the proposed site; therefore, no dredging is proposed. Typical water depths at the site are -8 feet mean high water. No wetlands, seagrasses, or oysters are expected to be impacted by the proposed project. CCC Project No.: 04-0191-F1; Type of Application: U.S.A.C.E. permit application #23423 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.

Applicant: Devon Energy Corporation ; Location: The project's access channel's starting location is at Big Boggy Cut along the Gulf Intracoastal Waterway (GIWW) in East Matagorda Bay on the U.S.G.S. quadrangle map entitled: Dressing Point, Texas. Approximate UTM Coordinates: Zone 15; Easting: 223843; Northing: 3181666. The terminal end of the access channel in State Tract 117 is the surface site for one of the wells in East Matagorda Bay and can be located on the U.S.G.S. quadrangle map entitled: Dressing Point, Texas. Approximate UTM Coordinates: Zone 15; Easting: 223323; Northing: 3175929. The second well site is in State Tract 118 in East Matagorda Bay, on the U.S.G.S. quadrangle map entitled: Dressing Point, Texas. Approximate UTM Coordinates: Zone 15; Easting: 224845; Northing: 3176155. The beneficial use site is located in East Matagorda Bay, Northeast of Big Boggy Cut, and can be located on the U.S.G.S. quadrangle map entitled: Dressing Point, Texas. Approximate UTM Coordinates: Zone 15; Easting: 225728, Northing: 3182296. The West upland disposal area is located on the Matagorda Peninsula and can be located on the U.S.G.S. quadrangle map entitled: Dressing Point, Texas. Approximate UTM Coordinates: Zone 15; Easting: 224745; Northing: 3173841. The East upland disposal area is located on the Matagorda Peninsula and can be located on the U.S.G.S. quadrangle map entitled: Dressing Point, Texas. Approximate UTM Coordinates: Zone 15; Easting: 225167; Northing: 3174146. The starting point for the access roads to the production pad is located on the Matagorda Peninsula and can be located on the U.S.G.S. quadrangle map entitled: Dressing Point, Texas. Approximate UTM Coordinates: Zone 15; Easting: 225248; Northing: 3174024. The proposed production pad site is located on the Matagorda Peninsula and can be located on the U.S.G.S. quadrangle map entitled: Dressing Point, Texas. Approximate UTM Coordinates: Zone 15; Easting: 223821; Northing: 3174989. All locations are within Matagorda County, Texas. Project Description: The applicant proposes to dredge an access channel starting at the GIWW at Big Boggy Cut to State Tracts 117 and 118 in East Matagorda Bay 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 barges and keyways, production structures with attendant facilities, and flowlines. The dredging operation will hydraulically dredge approximately 222,000 cubic yards of material and place it in a proposed beneficial use site northeast of Big Boggy Cut in an area that will help to prevent shoaling in the GIWW as well as create approximately 42 acres of wetland habitat. After the wells are drilled the applicant is also proposing to construct a 1.2 acre upland production pad on the Matagorda Peninsula. This production pad will require an access road approximately 5,577 feet long crossing three wetland areas. Flowlines are proposed to be installed from State Tracts 117 and 118 to the proposed production facility. There are also two proposed upland disposal sites adjacent to the beginning of the access road also on the Matagorda Peninsula to take the dredge material not used in the beneficial use site. CCC Project No.: 04-0192-F1; Type of Application: U.S.A.C.E. permit application #23411 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.

Applicant: Florida Gas Transmission Company ; Location: The project site is located in wetlands adjacent to East Galveston Bay, along the shoreline of Smith Point, in Chambers and Galveston Counties, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Smith Point, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone15; Easting: 328488; Northing: 3267427. Project Description: The applicant is requesting authorization to discharge fill material into wetlands adjacent to East Galveston Bay in order to stabilize an existing pipeline, which traverses the wetland area. Approximately 77 cubic yards of material will be excavated from the wetland area and subsequently backfilled into the area to cover geo-textile and concrete mats. An additional 84 cubic yards of material will be placed in the wetland to prevent further erosion. A total of 0.5 acre of adjacent wetland habitat would be impacted as a result of the proposed activity. Dominant vegetation within the wetland area includes eastern false-willow (Baccharis halimifolia), bushy sea-oxeye daisy (Borrichia frutescens), spikerush (Eleocharis sp.), soft rush (Juncus effusus), smooth cordgrass (Spartina alterniflora), and curly dock (Rumex crispus). The applicant is also proposing to perform shoreline stabilization along East Galveston Bay on either side of the pipeline. However, all fill material associated with this activity will be installed above the mean high tide line. CCC Project No.: 04-0197-F1; Type of Application: U.S.A.C.E. permit application #23431 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-200403958

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: June 16, 2004


Comptroller of Public Accounts

Notice of Contract 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, issue of the Texas Register (29 TexReg 1238).

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

The Comptroller announces that 26 contracts were awarded as of June 4, 2004, as follows:

A contract is awarded to Wendy Ezell, 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 June 2, 2004 through August 31, 2005.

A contract is awarded to William H. Henderson d/b/a WMH 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 June 1, 2004 through August 31, 2005.

A contract is awarded to Wayne F. Bowman. 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 June 2, 2004 through August 31, 2005.

A contract is awarded to Christy Gokeler. 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 June 1, 2004 through August 31, 2005.

A contract is awarded to Garth Proietti. 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 June 2, 2004 through August 31, 2005.

A contract is awarded to Marina Roy Buenaventura. 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 June 2, 2004 through August 31, 2005.

A contract is awarded to Dibrell P. Dobbs d/b/a State Tax Consulting 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 June 2, 2004 through August 31, 2005.

A contract is awarded to Louis A. Sanchez. 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 June 2, 2004 through August 31, 2005.

A contract is awarded to Honorio N. Eugenio. 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 June 2, 2004 through August 31, 2005.

A contract is awarded to Art Koenigs, Jr., 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 June 1, 2004 through August 31, 2005.

A contract is awarded to Ruzicka - Reed Partnership. 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 June 2, 2004 through August 31, 2005.

A contract is awarded to G & V Tax Solution Services, 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 June 2, 2004 through August 31, 2005.

A contract is awarded to Emma S. Walker, 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 June 2, 2004 through August 31, 2005.

A contract is awarded to The Denton Group, LLC. 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 June 2, 2004 through August 31, 2005.

A contract is awarded to J & E Tax Specialist 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 June 1, 2004 through August 31, 2005.

A contract is awarded to Kelton W. Brown. 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 June 2, 2004 through August 31, 2005.

A contract is awarded to Brenda Maldonado. 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 June 2, 2004 through August 31, 2005.

A contract is awarded to Benjamin F. Greer, 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 June 1, 2004 through August 31, 2005.

A contract is awarded to Davis & Davis Professional Services Firm, LLC. 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 June 2, 2004 through August 31, 2005.

A contract is awarded to Pamela Evans, 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 June 2, 2004 through August 31, 2005.

A contract is awarded to Charles T. Holcomb, 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 June 1, 2004 through August 31, 2005.

A contract is awarded to Elloine K. Andoh. 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 June 2, 2004 through August 31, 2005.

A contract is awarded to David Coshman, 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 June 2, 2004 through August 31, 2005.

A contract is awarded to H. R. Shaikh, Seyar 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 June 2, 2004 through August 31, 2005.

A contract is awarded to Blythe Corporation. 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 June 2, 2004 through August 31, 2005.

A contract is awarded to Energy Network. 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 June 2, 2004 through August 31, 2005.

TRD-200403844

William Clay Harris

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: June 10, 2004


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the period of 06/21/04 - 06/27/04 is 18% for Consumer 1 /Agricultural/Commercial2 /credit thru $250,000.

The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the period of 06/21/04 - 06/27/04 is 18% for Commercial over $250,000.

1 Credit for personal, family or household use.

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

TRD-200403878

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: June 15, 2004


Court Reporters Certification Board

Certification of Court Reporters

Following the examination of applicants on May 14, 2004, the Texas Court Reporters Certification Board certified to the Supreme Court of Texas the following individuals who are qualified in the method indicated to practice shorthand reporting pursuant to Chapter 52 of the Texas Government Code, V.T.C.A.:

MACHINE SHORTHAND: SHARON ELLIS- ROWLETT, TX; TAMELA BODDEN- HAUGHTON, LA; CAROLYN TAYLOR-RUMSFELD- NEW ORLEANS, LA; STEPHANOE HARPER- HOUSTON, TX; ANGELA MUSACHIA- HOUSTON, TX; REGENIA PLANT- CANTON, TX; LYZA ALONZO- DALLAS, TX; PATRICIA HOLT- DALLAS, TX; MICHELLE VARNER- RICHARDSON, TX; LAURA BROWN- ROUND ROCK, TX; MELISSA KEHOE- CARROLLTON, TX; MARY PIPER- HOUSTON, TX; LACY ALEXANDER- STARKS, LA; MELISSA VASQUEZ- WATAUGA, TX; JENNIFER TAYLOR- LINDALE, TX; MARIA STALLINGS- FABENS, TX; JENNIFER MENDOZA- LAKE JACKSON, TX; ROXANNE WILTSHIRE- LEAGUE CITY, TX; JANICE BROUSSARD- HOUSTON, TX; CHARLENE WHITE- FT. WORTH, TX; KIMBERLY KEELER- ALVIN, TX; AND KRISTEN ARMSTRONG- FRISCO, TX.

Following the examination of applicants on May 14, 2004, the Texas Court Reporters Certification Board certified to the Supreme Court of Texas the following individuals who are qualified in the method indicated to practice shorthand reporting pursuant to Chapter 52 of the Texas Government Code, V.T.C.A.:

ORAL STENOGRAPHY: JESSICA MELTON- GRAND PRAIRIE, TX; CHRISTI ENLOE- SCURRY, TX; BRANDY RUSSELL- IRVING, TX; MARGO CURTIS- FT. WORTH, TX; DIANNA CURTIS- FT. WORTH, TX- MARINA ARMSTRONG- DALLAS, TX; AND NATALIE MEGASON- TYLER, TX.

TRD-200403956

Sheryl Jones

Administrator of Licensing

Court Reporters Certification Board

Filed: June 16, 2004


Credit Union Department

Application for a Merger or Consolidation

Notice is given that the following applications have been filed with the Credit Union Department and are under consideration:

An application was received from Texas State Florists’ Association Credit Union (Austin) seeking approval to merge with The Florist Federal Credit Union (Roswell, New Mexico) with the latter being the surviving 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-200403954

Harold E. Feeney

Commissioner

Credit Union Department

Filed: June 16, 2004


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 RiverLand Credit Union, New Orleans, Louisiana to operate a Foreign (out-of-state) Branch Office at 10055 Grogan’s Mill Road, Parkwood II Bldg., The Woodlands, Texas.

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-200403953

Harold E. Feeney

Commissioner

Credit Union Department

Filed: June 16, 2004


Applications to Expand Field of Membership

Notice is given that the following applications have been filed with the Credit Union Department and are under consideration:

An application was received from Winkler County Credit Union, Kermit, Texas to expand its field of membership. The proposal would permit persons who worship in, and attend school in Winkler and Loving Counties, Texas, to be eligible for membership in the credit union.

An application was received from Houston Postal Credit Union, Houston, Texas to expand its field of membership. The proposal would permit persons who live, work, attend school, or worship in and businesses located in the following United States Postal Zip Codes: 77002, 77003, 77004, 77007, 77008, 77009, 77010, 77011, 77012, 77013, 77016, 77017, 77020, 77021, 77022, 77023, 77026, 77028, 77029, 77032, 77033, 77037, 77039, 77045, 77047, 77048, 77050, 77051, 77060, 77061, 77076, 77078, 77087, 77091, 77093, 77502, 77506, 77547, and 77587, to be eligible for membership in the credit union.

An application was received from MemberSource Credit Union, Houston, Texas (#1) to expand its field of membership. The proposal would permit employees of The Woodlands Operating Company, L.P., and their subsidiaries, affiliates or successors who work in, are paid or supervised from The Woodlands, Texas, to be eligible for membership in the credit union.

An application was received from MemberSource Credit Union, Houston, Texas (#2) to expand its field of membership. The proposal would permit employees of The Woodlands Resort & Conference Center, and their subsidiaries, affiliates or successors who work in are paid or supervised from The Woodlands, Texas, to be eligible for membership in the credit union.

An application was received from Pegasus Credit Union, Dallas, Texas to expand its field of membership. The proposal would permit persons who work or reside within a 10-mile radius of the Pegasus Credit Union office located at 8800 N. Tarrant Parkway, North Richland Hills, Texas, to be eligible for membership in the credit union.

An application was received from OmniAmerican Credit Union, Fort Worth, Texas to expand its field of membership. The proposal would permit persons who live, work, attend school in, are paid from, business and non-business entities, organizations and associations located within the Dallas Metropolitan Statistical Area (MSA), to be eligible for membership in the credit union.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Credit unions that wish to comment on any application must also complete a Notice of Protest form. The form may be obtained by contacting the Department at (512) 837-9236 or downloading the form at http://www.tcud.state.tx.us/applications.html. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.

TRD-200403952

Harold E. Feeney

Commissioner

Credit Union Department

Filed: June 16, 2004


Notice of Final Action Taken

In accordance with the provisions of 7 TAC Section 91.103, the Credit Union Department provides notice of the final action taken on the following application(s):

Application(s) to Expand Field of Membership- Approved

Scott & White Employees Credit Union, Temple, Texas (#4)- See Texas Register issue dated January 30, 2004.

West Texas Educators Credit Union, Odessa, Texas- See Texas Register issue dated March 26, 2004.

EDS Credit Union, Plano, Texas (Amended)- Persons who live, work, worship, or attend school within a ten mile radius of the following credit union locations: 5640 Democracy Drive, Plano, TX 75024; 750 Tower Drive, Troy, MI 48007; 1075 W. Entrance Drive, Auburn Hills, MI 48326; 13600 EDS Drive, Herndon, VA 20171.

First Educators Credit Union, Houston, Texas (#1) (Amended)- Persons who live, work, or attend school in and businesses in Harris and Montgomery Counties, Texas.

First Educators Credit Union, Houston, Texas (#2)- See Texas Register issue dated March 26, 2004.

First Educators Credit Union, Houston, Texas (#3)- See Texas Register issue dated March 26, 2004.

First Educators Credit Union, Houston, Texas (#4)- See Texas Register issue dated March 26, 2004.

First Educators Credit Union, Houston, Texas (#5)- See Texas Register issue dated March 26, 2004.

Graphic Arts Credit Union, Houston, Texas- See Texas Register issue dated March 26, 2004.

TCC Credit Union, Dallas, Texas- See Texas Register issue dated March 26, 2004.

Texas Health Credit Union, Austin, Texas (#1)- See Texas Register issue dated March 26, 2004.

Corpus Christi City Employees Credit Union, Corpus Christi, Texas- See Texas Register issue dated March 26, 2004.

Application(s) for a Merger or Consolidation- Approved

Galveston County Federal Credit Union (Texas City) and Associated Credit Union of Texas (Deer Park)- See Texas Register issue dated January 30, 2004.

Application(s) for a Foreign Branch Office- Approved

Wescom Credit Union (dba Unocal Credit Union), Sugar Land, Texas- Approved pursuant to Texas Finance Code §122.005(b), which grants the Commissioner the authority to waive or delay public notice of an action.

TRD-200403955

Harold E. Feeney

Commissioner

Credit Union Department

Filed: June 16, 2004


East Texas Council of Governments

Request for Proposals for Worker Training Initiative

This Request for Proposals to interested entities is filed under Government Code 2254.

The East Texas Workforce Development Board is responsible for oversight of state and federally funded training, employment, and childcare services in a fourteen county area including Longview, Marshall and Tyler. In fulfilling administrative duties for this Board, the East Texas Council of Governments (ETCOG) is soliciting proposals for the management and operation of Youth Stand Alone Projects funded with Workforce Investment Act (WIA) funds.

Stand Alone Projects are independently operated, year-round programs that provide WIA allowable services to youth ages 14 through 21. We are requesting proposals for projects that will help economically disadvantaged youth achieve academic and employment success. The proposed projects must provide one or more allowed services and must incorporate services into program design as required by the Workforce Investment Act. These services include: Tutoring, Study Skills Training, and Instruction; Alternative Secondary School Services; Work Experience including paid, unpaid, internships, and job shadowing; Occupational Skills Training; Leadership Development Opportunities; Adult Mentoring; Comprehensive Guidance and Counseling.

There is a total of $84,791 available under this RFP. Of the $84,791, only 30% or $25,437 can be allocated to In-School youth. The RFP will be available no earlier than Thursday, June 10, 2004. The deadline for receipt of proposals is 5:00 p.m. CDT on Monday, July 19, 2004.

Organizations wanting to receive a Request For Proposals (RFP) package should inquire by letter, or fax or e-mail to East Texas Council of Governments, 3800 Stone Road, Kilgore, Texas 75662, Attn: Gary Allen. The fax number for ETCOG is (903) 983-1440. Gary Allen e-mail address is gary.allen@twc.state.tx.us. Questions regarding the RFP process can be addressed by calling (903) 984-8641.

TRD-200403962

Glynn Knight

Executive Director

East Texas Council of Governments

Filed: June 16, 2004


Texas Commission on Environmental Quality

Correction of Error

The Texas Commission on Environmental Quality (commission) published a Notice of Public Hearings on Proposed Revisions to 30 TAC Chapters 114 and 115, and to the State Implementation Plan. The notice appeared in the June 11, 2004, issue of the Texas Register (29 TexReg 5810).

On page 5810, 2nd column, 4th paragraph, the first sentence was incorrectly submitted for publication as: "The commission proposes amendments to §§114.2, 114.50, 114.52, and 114.53 of 30 TAC Chapter 114; Control of Air Pollution from Motor Vehicles; Subchapter A,...." Instead, it should have been submitted for publication to read: "The commission proposes amendments to §§114.1, 114.2, 114.50, 114.52, and 114.53 of 30 TAC Chapter 114; Control of Air Pollution from Motor Vehicles; Subchapter A,...."

TRD-200403877


Enforcement Orders

An agreed order was entered regarding Felix Flores, Docket No. 2002-0465-MLM-E on 05/14/2004 assessing $5,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Lisa Lemanczyk, Staff Attorney, 512/239-5915, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Circleville Store & Grain, Inc., Docket No. 2000-0896-PST-E on 05/14/2004 assessing $14,400 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Becky Petty, Staff Attorney, 512/239-3693, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Mary Fielder dba End Of The Trail, Docket No. 2000-1254-PWS-E on 05/14/2004 assessing $6,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Gitanjali Yadav, Staff Attorney, 512/239-2029, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Jamie Walton dba Lago Landscape and Irrigation Repair, Docket No. 2002-0711-LII-E on 05/14/2004 assessing $2,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Benjamin DeLeon, Staff Attorney, 512/239-6939, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding R. J. Smelley Company, Inc. dba R. J. Smelley Dairy, Docket No. 2001-0906-AGR-E on 05/14/2004 assessing $2,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Snehal Patel, Staff Attorney, 713/422-8928, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Ralph Reese dba R & C Salvage, Docket No. 2002-1177-MLM-E on 05/14/2004 assessing $19,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Benjamin DeLeon, Staff Attorney, 512/239-6939, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Ingersoll-Rand Company, Docket No. 2003-1376-AIR-E on 05/14/2004 assessing $1,975 in administrative penalties with $395 deferred.

Information concerning any aspect of this order may be obtained by contacting Judy Fox, Enforcement Coordinator, 817/588-5825, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Kinder Morgan Tejas Pipeline, L.P., Docket No. 2003-1379-AIR-E on 05/14/2004 assessing $1,925 in administrative penalties with $385 deferred.

Information concerning any aspect of this order may be obtained by contacting Rebecca Clausewitz, Enforcement Coordinator, 210/403-4012, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Humberto Sampogna dba Gulf Bank Mobile Home Park, Docket No. 2003-1252-PWS-E on 05/14/2004 assessing $2,450 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Walter Lassen, Enforcement Coordinator, 512/239-0513, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Barton Creek Water Supply Corporation, Docket No. 2003-0320-WR-E on 05/14/2004 assessing $525 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Kent Heath, Enforcement Coordinator, 512/239-4575, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Abuiny Enterprises, Inc. dba Mainland Conoco, Docket No. 2003-1091-PST-E on 05/14/2004 assessing $1,050 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Carolyn Lind, Enforcement Coordinator, 903/535-5145, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Clearstream Wastewater Systems, Incorporated, Docket No. 2003-1276-AIR-E on 05/14/2004 assessing $2,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Rick Ciampi, Enforcement Coordinator, 512/239-3119, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Texas Petrochemicals, L.P., Docket No. 2002-0609-AIR-E on 05/14/2004 assessing $25,000 in administrative penalties with $5,000 deferred.

Information concerning any aspect of this order may be obtained by contacting Bill Davis, Enforcement Coordinator, 512/239-6793, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Allied Trading Corporation dba A & Q Chevron Food Mart, Docket No. 2003-0929-PST-E on 05/14/2004 assessing $2,910 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Elvia Maske, Enforcement Coordinator, 512/239-0789, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Crosstex Asset Management, L.P., Docket No. 2003-0946-AIR-E on 05/14/2004 assessing $2,000 in administrative penalties with $400 deferred.

Information concerning any aspect of this order may be obtained by contacting Carolyn Lind, Enforcement Coordinator, 903/535-5145, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Barkat Momin dba Shop N Go, Docket No. 2003-0954-PST-E on 05/14/2004 assessing $3,150 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Sandy VanCleave, Enforcement Coordinator, 512/239-0667, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Knightco Oil, Inc. dba Superior Lubricants, Docket No. 2003-0976-PST-E on 05/14/2004 assessing $4,200 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Craig Fleming, Enforcement Coordinator, 512/239-5806, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Amir Saif dba Sun Power Travel Plaza, Docket No. 2003-1162-PWS-E on 05/14/2004 assessing $2,275 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting John Schildwachter, Enforcement Coordinator, 512/239-2355, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Pacific Natural Energy, L.L.C., Docket No. 2003-1339-AIR-E on 05/14/2004 assessing $2,000 in administrative penalties with $400 deferred.

Information concerning any aspect of this order may be obtained by contacting Lawrence King, Enforcement Coordinator, 512/239-7037, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CMH Parks, Inc. dba Northwest Pines Mobile Home Park, Docket No. 2003-1340-MWD-E on 05/14/2004 assessing $1,010 in administrative penalties with $202 deferred.

Information concerning any aspect of this order may be obtained by contacting Tom Jecha, Enforcement Coordinator, 512/239-2576, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Alice, Docket No. 2003-0146-WR-E on 05/14/2004 assessing $1,363 in administrative penalties with $273 deferred.

Information concerning any aspect of this order may be obtained by contacting Kent Heath, Enforcement Coordinator, 512/239-4575, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Wichita Falls, Docket No. 2002-0965-MSW-E on 05/14/2004 assessing $13,650 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Craig Fleming, Enforcement Coordinator, 512/239-5806, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Chevron U.S.A., Inc. dba Chevron Products Company, Docket No. 2003-0455-AIR-E on 05/14/2004 assessing $27,405 in administrative penalties with $5,481 deferred.

Information concerning any aspect of this order may be obtained by contacting Kimberly Morales, Enforcement Coordinator, 713/422-8938, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Ovais, Incorporated, Docket No. 2003-0789-PST-E on 05/14/2004 assessing $2,850 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Mike Meyer, Enforcement Coordinator, 512/239-4492, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Saif D Corporation dba Sunny Food Mart, Docket No. 2003-1007-PST-E on 05/14/2004 assessing $3,800 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Cari Bing, Enforcement Coordinator, 512/239-1445, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Sneed Shipbuilding, Inc., Docket No. 2001-0343-MLM-E on 06/03/2004 assessing $7,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Gitanjali Yadav, Staff Attorney, 512/239-2029, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Shawn Fuller dba Country Village Mobile Home Park, Docket No. 2002-0066-PWS-E on 06/03/2004 assessing $3,300 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Darren Ream, Staff Attorney, 817/588-5878, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Interstate Highway Construction, Inc., Docket No. 2002-0208-AIR-E on 06/03/2004 assessing $40,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Alfred Okpohworho, Staff Attorney, 713/422-8918, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Dynegy Midstream Services, Limited Partnership, Docket No. 2002-0292-AIR-E on 06/03/2004 assessing $16,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Alfred Okpohworho, Staff Attorney, 713/422-89818, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Bobby Ray Waldrep dba Waldrep Salvage, Docket No. 2003-0198-MSW-E on 06/03/2004 assessing $20,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Lisa Lemanczyk, Staff Attorney, 512/239-5915, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Gordon Newman, Docket No. 2003-0067-OSS-E on 06/03/2004 assessing $263 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Lindsay Andrus, Staff Attorney, 512/239-4761, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Brownwood, Docket No. 2002-0300-MSW-E on 06/03/2004 assessing $9,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting David Speaker, Staff Attorney, 512/239-2548, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Samir Ibrahim, Docket No. 2003-0829-PST-E on 06/03/2004 assessing $2,460 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Ronnie Kramer, Enforcement Coordinator, 806/468-0512, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Polk County, Docket No. 2003-0512-MSW-E on 06/03/2004 assessing $2,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Jorge Ibarra, Enforcement Coordinator, 817/588-5890, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Boening Brothers Dairy, Inc., Docket No. 2003-1046-PST-E on 06/03/2004 assessing $2,100 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Brad Brock, Enforcement Coordinator, 512/239-6146, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding John Michael Corder, Docket No. 2003-1057-PST-E on 06/03/2004 assessing $1,050 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Ronnie Kramer, Enforcement Coordinator, 806/468-0512, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Sac-N-Pac Stores, Inc., Docket No. 2003-1065-EAQ-E on 06/03/2004 assessing $6,000 in administrative penalties with $1,200 deferred.

Information concerning any aspect of this order may be obtained by contacting Cari Bing, Enforcement Coordinator, 512/239-1445, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Brijesh Patel and Seema Patel dba Lakeside Food Mart, Docket No. 2003-0870-PST-E on 06/03/2004 assessing $4,880 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Keith Fleming, Enforcement Coordinator, 512/239-0560, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Pecan Gap, Docket No. 2003-0318-WR-E on 06/03/2004 assessing $565 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Lisa Lemanczyk, 512/239-5915, Staff Attorney, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding BP Amoco Chemical Company, Docket No. 2003-1426-AIR-E on 06/03/2004 assessing $1,625 in administrative penalties with $325 deferred.

Information concerning any aspect of this order may be obtained by contacting Sandy VanCleave, Enforcement Coordinator, 512/239-0667, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Crown Cork & Seal Company (USA), Inc., Docket No. 2003-1262-AIR-E on 06/03/2004 assessing $1,925 in administrative penalties with $385 deferred.

Information concerning any aspect of this order may be obtained by contacting Sheila Smith, Enforcement Coordinator, 512/239-1670, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding E. R. Carpenter, L.P., Docket No. 2003-1438-AIR-E on 06/03/2004 assessing $1,975 in administrative penalties with $395 deferred.

Information concerning any aspect of this order may be obtained by contacting Kimberly Morales, Enforcement Coordinator, 713/422-8938, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Mary J. Krenek dba Logansport Food Mart, Docket No. 2003-1270-PST-E on 06/03/2004 assessing $7,000 in administrative penalties with $1,400 deferred.

Information concerning any aspect of this order may be obtained by contacting Erika Fair, Enforcement Coordinator, 512/239-6673, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Memorial Hills Utility District, Docket No. 2003-1441-MWD-E on 06/03/2004 assessing $1,900 in administrative penalties with $380 deferred.

Information concerning any aspect of this order may be obtained by contacting Mac Vilas, Enforcement Coordinator, 512/239-2557, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Air Liquide America, L.P., Docket No. 2003-0908-PST-E on 06/03/2004 assessing $1,110 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Bill Davis, Enforcement Coordinator, 512/239-6793, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Kathie Bryant dba Buena Vista Water System, Docket No. 2003-0360-PWS-E on 06/03/2004 assessing $3,014 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Lawrence King, Enforcement Coordinator, 512/239-7037, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Huntsman Petrochemical Corporation, Docket No. 2003-0650-AIR-E on 06/03/2004 assessing $14,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Cheryl Thompson, Enforcement Coordinator, 817/588-5886, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Town of Buckholts, Docket No. 2003-0013-MWD-E on 06/03/2004 assessing $10,350 in administrative penalties with $2,070 deferred.

Information concerning any aspect of this order may be obtained by contacting Richard Croston, Enforcement Coordinator, 512/239-5717, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Northwest Petroleum, L.P., Docket No. 2003-1127-MLM-E on 06/03/2004 assessing $5,625 in administrative penalties with $1,125 deferred.

Information concerning any aspect of this order may be obtained by contacting Sheila Smith, Enforcement Coordinator, 512/239-1670, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Casita Enterprises, Inc., Docket No. 2003-1305-AIR-E on 06/03/2004 assessing $1,925 in administrative penalties with $385 deferred.

Information concerning any aspect of this order may be obtained by contacting Bill Davis, Enforcement Coordinator, 512/239-6793, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Lake Brownwood Christian Retreat, Docket No. 2003-0030-PWS-E on 06/03/2004 assessing $1,613 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Ronnie Kramer, Enforcement Coordinator, 806/468-0512, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding AquaSource Utility, Inc., Docket No. 2003-1306-MWD-E on 06/03/2004 assessing $6,720 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Christina McLaughlin, Enforcement Coordinator, 512/239-6589, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding BP America Production Company, Docket No. 2003-0670-AIR-E on 06/03/2004 assessing $1,900 in administrative penalties with $380 deferred.

Information concerning any aspect of this order may be obtained by contacting Miriam Hall, Enforcement Coordinator, 512/239-1044, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Franklin Building Materials, Inc., Docket No. 2003-1323-AIR-E on 06/03/2004 assessing $2,700 in administrative penalties with $540 deferred.

Information concerning any aspect of this order may be obtained by contacting Jill Reed, Enforcement Coordinator, 432/620-6132, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Gustavo Garcia and Ulysia Garcia dba Diamond G, Docket No. 2003-1164-PST-E on 06/03/2004 assessing $4,750 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Audra Ruble, Enforcement Coordinator, 361/823 3126, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Jack Ray & Sons Oil Co., Inc., Docket No. 2003-1505-PST-E on 06/03/2004 assessing $7,200 in administrative penalties with $1,440 deferred.

Information concerning any aspect of this order may be obtained by contacting Erika Fair, Enforcement Coordinator, 512/239-6673, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Alyan, Inc. dba Stop N Drive 22, Docket No. 2003-1171-PST-E on 06/03/2004 assessing $7,820 in administrative penalties with $1,564 deferred.

Information concerning any aspect of this order may be obtained by contacting Sandy VanCleave, Enforcement Coordinator, 512/239-0667, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Jose G. Nieto and Luis A. Nieto dba Nietos Service Station 2, Docket No. 2003-0782-PST-E on 06/03/2004 assessing $4,200 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Cheryl Thompson, Enforcement Coordinator, 817/588-5886, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Siber Enterprise, Inc. dba Star Food and Grocery, Docket No. 2003-0135-PST-E on 06/03/2004 assessing $8,500 in administrative penalties with $1,700 deferred.

Information concerning any aspect of this order may be obtained by contacting Trina Grieco, Enforcement Coordinator, 713/767-3607, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Daingerfield, Docket No. 2003-1344-MWD-E on 06/03/2004 assessing $2,340 in administrative penalties with $468 deferred.

Information concerning any aspect of this order may be obtained by contacting Mike Meyer, Enforcement Coordinator, 512/239-4492, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Coolidge, Docket No. 2003-1349-MWD-E on 06/03/2004 assessing $6,875 in administrative penalties with $1,375 deferred.

Information concerning any aspect of this order may be obtained by contacting Bill Davis, Enforcement Coordinator, 512/239-6793, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding E. D. Baker Company, Ltd., Docket No. 2003-1366-AIR-E on 06/03/2004 assessing $10,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Ronnie Kramer, Enforcement Coordinator, 806/468-0512, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Gulf Coast Waste Disposal Authority, Docket No. 2003-0187-AIR-E on 06/03/2004 assessing $17,044 in administrative penalties with $3,409 deferred.

Information concerning any aspect of this order may be obtained by contacting Lawrence King, Enforcement Coordinator, 512/239-7037, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding SAZ, Inc., Docket No. 2003-1208-PST-E on 06/03/2004 assessing $1,625 in administrative penalties with $325 deferred.

Information concerning any aspect of this order may be obtained by contacting Vanessa Davis, Enforcement Coordinator, 512/239-1993, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-200403961

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 16, 2004


Notice of a Public Hearing on Proposed Revisions to 30 TAC Chapter 101 and to the State Implementation Plan

The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony concerning revisions to 30 TAC Chapter 101, General Air Quality Rules, and corresponding revisions to the state implementation plan (SIP), under the requirements of Texas Health and Safety Code, §382.017; Texas Government Code, Subchapter B, Chapter 2001; and 40 Code of Federal Regulations, §51.102 of the United States Environmental Protection Agency regulations concerning SIPs.

The proposed rulemaking would amend the emissions banking and trading rules in Subchapter H, Emissions Banking and Trading, to accommodate changes in emissions inventories, promote smooth program administration, establish a system to regulate discrete emission credit use, and correct the discrete emission credit generation equation.

A public hearing on this proposal will be held in Austin on July 20, 2004 at 2:00 p.m. in Building F, Room 2210 at the commission's central office located at 12100 Park 35 Circle. The hearing will be structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. There will be no open discussion during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing.

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

Comments may be submitted to Patricia Durón, MC 205, Office of Environmental Policy, Analysis, and Assessment, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or by fax to (512) 239-4808. All comments should reference Rule Project Number 2003-064-106-AI, and must be received by 5:00 p.m., July 26, 2004. For further information, please contact Cory Chism, Air Permits Division at (512) 239-0539, or Alan Henderson, Policy and Regulations Division at (512) 239-1510.

TRD-200403839

Stephanie Bergeron

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: June 10, 2004


Notice of District Petition

Notice mailed June 10, 2004

TCEQ Internal Control No. 05212004-D02; Weems & Kelsey Management Company No. 2, Ltd.; Grason Communities Ltd.; and WCF Development, L.L.C., (Petitioners) filed a petition for creation of Galveston County Municipal Utility District No. 46 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioners are the owner of a majority in value of the land to be included in the proposed District; (2) there are no lien holders on the property to be included in the proposed District; (3) the proposed District will contain approximately 482.54 acres located within Galveston County, Texas; and (4) the proposed District is within the corporate boundaries of the City of League City, Texas, and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. By Resolution No. 2003-71, effective November 25, 2003, the City of League City, Texas gave its consent to the creation of the proposed District. The petition further states that the proposed District will: (1) purchase, construct, acquire, maintain and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, improve, extend, maintain and operate works, improvements, facilities, plants, equipment and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; and (3) control, abate and amend local storm waters or other harmful excesses of water, as more particularly described in an engineer's report filed simultaneously with the filing of the petition. According to the petition, the Petitioners have conducted a preliminary investigation to determine the cost of the project, and from the information available at the time, the cost of the project is estimated to be approximately $24,400,000.

INFORMATION SECTION

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

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

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

TRD-200403959

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 16, 2004


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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission in accordance with Texas Water Code, §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is July 26, 2004 . The commission will consider any written comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate a proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on July 26, 2004 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, comments on the DOs should be submitted to the commission in writing .

(1) COMPANY: Petro Express Management, L.L.C. dba Donna's Food Market; DOCKET NUMBER: 2003-1118-PST-E; TCEQ ID NUMBERS: 26914 and RN102432390; LOCATION: 255 Peyton Drive, Beaumont, Jefferson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of underground storage tanks (USTs); and 30 TAC §334.7(d)(3) and TWC, §26.346(a), by failing to amend, update, or change the facility's registration information; PENALTY: $4,280; STAFF ATTORNEY: Lindsay Andrus, Litigation Division, MC 175, (512) 239-4761; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(2) COMPANY: Silver Rose Enterprises, Inc.; DOCKET NUMBER: 2003-0898-PST-E; TCEQ ID NUMBER: 64891; LOCATION: 2603 West Sublett Road, Arlington, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of the petroleum USTs; PENALTY: $4,470; STAFF ATTORNEY: Wendy Cooper, Litigation Division, MC R-4, (817) 588-5867; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-200403879

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: June 15, 2004


Notice of Water Quality Applications

The following notices were issued during the period of June 7, 2004 through June 15, 2004.

The following require the applicants to publish notice in the newspaper. The public comment period, requests for public meetings, or requests for a contested case hearing may be submitted to the Office of the Chief Clerk, Mail Code 105, P O Box 13087, Austin Texas 78711-3087, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.

14875 PARTNERS, LTD. has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014516001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 437,500 gallons per day. The facility is located approximately 2,000 feet south of the intersection of County Road 50 and County Road 7, approximately 6,500 feet north of the intersection of County Road 50 and County Road 5 in Collin County, Texas.

BWO ACQUISITION, LTD. has applied for a renewal of Permit No. 13922-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 10,600 gallons per day via non-public access subsurface land application. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located approximately 5,000 feet southeast of the intersection of Loop 360 (Capital of Texas Highway) and Bee Caves Road (Farm-to-Market Road 2244) on the south side of Bee Caves Road, in and adjacent to the City of West Lake Hills in Travis County, Texas.

COUNTRY VISTA, LTD. has applied for a renewal of TPDES Permit No. 13769-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 42,000 gallons per day. The facility is located approximately 0.5 miles northwest of the intersection of County Road 531 and County Road 603A in Johnson County, Texas.

GULF COAST UTILITY CO., INC. has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014497001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 99,000 gallons per day. The facility will be located 6,500 feet southwest of the intersection of State Highway 6 and State Highway 288, approximately 1,000 feet south of Brazoria County Road in Brazoria County, Texas.

CITY OF HALE CENTER has applied for a renewal of Permit No. WQ0010030001, which authorizes the disposal of treated domestic wastewater at a volume not to exceed a daily average flow of 245,000 gallons per day via irrigation on 152 acres. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located approximately 2,460 feet south of the City of Hale Center and 3,600 feet east of Interstate Highway 27 in Hale County, Texas.

JAS M PROPERTIES - NO. 3, L.L.C. has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014500001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 20,000 gallons per day. The facility will be located on the west side of Sralla Road, approximately 1,750 feet north of the intersection of Farm-to-Market Road 1942 and Sralla Road in Harris County, Texas.

JOE D. HAVENS, INC. has applied for a renewal of TPDES Permit No. 14210-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 20,000 gallons per day. The facility is located at 19785 State Highway 105 West, approximately 0.35 of a mile southeast of the intersection of State Highway 105 and Keenan Road, 1.8 miles northwest of the intersection of State Highway 105 and River Road, and east of the community of Montgomery in Montgomery County, Texas.

PLANTATION MUNICIPAL UTILITY DISTRICT has applied for a renewal of TPDES Permit No. 11971-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 550,000 gallons per day. The facility is located at 802 Tara Plantation Drive on the north bank of Rabbs Bayou, approximately 4,000 feet north of Booth-Richmond Road (Farm-to-Market Road 2759) and approximately 3,250 feet east of Crabb River Road in Fort Bend County, Texas.

SIENNA PLANTATION MUD NO. 1 has applied for a renewal of TPDES Permit No. 14100-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 902,000 gallons per day. The facility is located 0.5 mile southwest of the intersection of State Highway 6 and McKeever Road, 1.1 miles east of the intersection of Thompson Ferry and Hagerson Roads in northeast Fort Bend County, Texas.

CITY OF SUGAR LAND has applied for a renewal of TPDES Permit No. 12833-002, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 10,000,000 gallons per day. The facility is located at 4802 Oilfield Road in Fort Bend County, Texas.

THOUSAND TRAILS, INC. has applied for a renewal of TPDES Permit No. 13075-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 20,000 gallons per day. The facility is located approximately 1.5 miles south of the intersection of Farm-to-Market Road 2604 and Farm-to-Market Road 933 in Hill County, Texas.

U. S. ARMY CORPS OF ENGINEERS has applied for a renewal of TPDES Permit No. 12054-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 4,000 gallons per day. The facility is located in Caddo Park, on the northeastern side of Lake Lavon, approximately 2.3 miles east of the intersection of U. S. Highway 380 and State Highway 78 in Collin County, Texas.

U. S. ARMY CORPS OF ENGINEERS has applied for a renewal of TPDES Permit No. 12059-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 12,000 gallons per day. The facility is located in Mallard Park on the east side of Lavon Lake northwest of the intersection of State Highway 78 and Farm-to-Market Road 6 in Collin County, Texas.

WALL INDEPENDENT SCHOOL DISTRICT has applied for a renewal of Permit No. WQ0013421001 which authorizes the disposal of treated domestic wastewater at a volume not to exceed a daily average flow of 10,000 gallons per day via irrigation of 1.5 acres of land. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located approximately four miles east of the intersection of U.S. Highway 87 and Farm-to-Market Road 1223, on the north side of U.S. Highway 87, in the southeast corner of the school district property in the community of Wall, Tom Green County, Texas.

TRD-200403960

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 16, 2004


Texas Ethics Commission

List of Late Filers

Listed below are the names of filers from the Texas Ethics Commission who did not file reports, or failed to pay penalty fines for late reports in reference to the listed filing deadline. If you have any questions, you may contact Robbie Miller at (512) 463-5800 or (800) 325-8506.

Deadline: Semiannual J/COH Report due January 15, 2004

John R. Hathaway, P.O. Box 300733, Austin, Texas 78703

Lloyd Wayne Oliver, P.O. Box 271503, Houston, Texas 77277

Linda R. Yanez, 1401 Shay Lane, Edinburg, Texas 78539

Deadline: Semiannual GPAC Report due January 15, 2004

Charles Osborn, Democratic Ellis County Campaign Organization, P.O. Box 2597, Waxahachie, Texas 75165

Ronald L. Robertson, Port Arthur Police Assn. PAC, 2817 Sheridan Lane, Port Arthur, Texas 77640

J. R. Tyson, DOG PAC, P.O. Box 1326, Alvin, Texas 77512

Roberto Calderon, El Paso County Sheriff's Officers Assn., 11536 Spencer, El Paso, Texas 79936

Deadline: 30 Days Before An Election Report Due February 9, 2004

Victor Benalcazar, 2132 Mynah Ave., McAllen, Texas 78504

Roberto Calderon, El Paso County Sheriff's Officers Assn., 11536 Spencer, El Paso, Texas 79936

Hector de la Rosa, 1210 Hacienda del Sol, Weslaco, Texas 78596

Diana Gutierrez, 151 Helms Road, El Paso, Texas 79907

Stephen A. Simonsen, 318 North Main, Conroe, Texas 77301

Deadline: 8 Days Before An Election Report Due March 1, 2004

Nancy Archer, P.O. Box 571, Liberty, Texas 77575

Victor Benalcazar, 2132 Mynah Ave., McAllen, Texas 78504

Emmett Sheppard, State COPE Fund, P.O. Box 12727, Austin, Texas 78711

Deadline: 8 Days Before An Election Report Due April 5, 2004

Robert Vasquez, El Paso County Sheriff's Officers Assn., 7275 Luz de Ciudad, El Paso, Texas 79912

Deadline: 30 Days Before An Election Report Due April 15, 2004

Joyce Graham, Citizens for Responsible Government Wilmer, P.O. Box 94, Wilmer, Texas 75172

Deadline: Monthly MPAC Report Due March 5, 2004

Don L. King, Sensitive Care PAC, 500 N. Akard St. #3960, Dallas, Texas 75201

Deadline: Monthly MPAC Report Due April 5, 2004

Don L. King, Sensitive Care PAC, 500 N. Akard St. #3960, Dallas, Texas 75201

Deadline: Personal Financial Statement due June 30, 2003

Susan Hargrave, P.O. Box 2496, 1015 Sunrise Court, Cedar Hill, Texas 75104-8251

Deadline: Personal Financial Statement due November 14, 2003

Harry E. Johnson, Sr., 3606 Crow Valley Dr., Missouri City, Texas 77459

Deadline: Personal Financial Statement due November 18, 2003

Victor E. Leal, 301 Lake Ridge Road, Canyon, Texas 79105-6900

Deadline: Personal Financial Statement due February 11, 2004

Alma A. Allen, 3717 Cork Dr., Houston, Texas 77047-2801

Terry D. McEachern, P.O. Box 1962, Plainview, Texas 79073-1962

David P. Zavoda, 201 E. 4th St., Monahans, Texas 79756-4313

Timoteo Garza, 513 N. Ceylon St., Eagle Pass, Texas 78852-4205

Bernard C. Amadi, 3030 Shadowbriar Dr., Houston, Texas 77082-8336

Ivan E. Stober, 3713 Linden Ave., Fort Worth, Texas 76107-4543

Michael James Sotir III, 18735 Appletree Hill Lane, Houston, Texas 77084-5544

Clifford E. Profitt, 1000 Boxcar Blvd., Apt. 4210, Fort Worth, Texas 76107-2276

David K. Alford, 600 W. Avalon Ave., Apt. 243, Longview, Texas 75602-5167

Stephen A. Simonsen, 318 N. Main St., Conroe, Texas 77301-2810

Deadline: Lobby Activities Report due January 12, 2004

Stacy Schmitt, P.O. Box 7852, Waco, Texas 76714-7852

TRD-200403781

Karen Lundquist

Executive Director

Texas Ethics Commission

Filed: June 9, 2004


Texas Health and Human Services Commission

Notice of Hearing on Proposed Community Care Payment Rates for Transition Assistance Services and Support Family Services

The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on July 12, 2004, to receive public comment on proposed payment rates for Transition Assistance Services in the Community Based Alternatives, Community Living Assistance and Support Services, Medically Dependent Children, Deaf Blind with Multiple Disabilities and Consolidated Waiver programs and for Support Family Services in the Community Living Assistance and Support Services program. These payment rates are proposed to be effective September 1, 2004. The hearing will be held in compliance with Title 1 of the Texas Administrative Code (TAC) §355.105(g), which requires public hearings on proposed payment rates. The public hearing will be held on July 12, 2004, at 10:00 a.m. in Room 1047 of the Braker Center Building H, at 11209 Metric Boulevard, Austin, Texas 78758-4021. Written comments regarding payment rates may be submitted in lieu of testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Tony Arreola, HHSC Rate Analysis, MC H-400, 1100 West 49th Street, Austin, Texas 78756-3101. Express mail can be sent, or written comments can be hand delivered, to Mr. Arreola, HHSC Rate Analysis, MC H-400, Braker Center Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021. Alternatively, written comments may be sent via facsimile to Mr. Arreola at (512) 491-1998. Interested parties may request to have mailed to them or may pick up a briefing package concerning the proposed payment rates by contacting Tony Arreola, HHSC Rate Analysis, MC H-400, 1100 West 49th Street, Austin, Texas 78756-3101.

Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Tony Arreola, HHSC Rate Analysis, MC H-400, 1100 West 49th Street, Austin, Texas 78756-3101, telephone number (512) 491-1358, by July 9, 2004, so that appropriate arrangements can be made.

Methodology and justification. The proposed rates for Transition Assistance Services were determined in accordance with the proposed rate reimbursement setting methodology at 1 TAC §355.508. The proposed rates for Support Family Services were determined in accordance with the proposed rate reimbursement setting methodology at 1 TAC §355.505.

TRD-200403957

Steve Aragón

General Counsel

Texas Health and Human Services Commission

Filed: June 16, 2004


Notice of Hearing on Proposed Nursing Facility Payment Rates for State Veterans Homes

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on July 12, 2004, to receive public comment on proposed payment rates for state-owned veterans nursing facilities. These nursing facilities are operated by the Texas General Land Office and Veterans Land Board. These payment rates are proposed to be effective September 1, 2004. The hearing will be held in compliance with Title 1 of the Texas Administrative Code (TAC) §355.105(g), which requires public hearings on proposed payment rates. The public hearing will be held on July 12, 2004, at 8:30 a.m. in Room 1047 of the Braker Center Building H, at 11209 Metric Boulevard, Austin, Texas 78758-4021. Written comments regarding payment rates may be submitted in lieu of testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Tony Arreola, HHSC Rate Analysis, MC H-400, 1100 West 49th Street, Austin, Texas 78756-3101. Express mail can be sent, or written comments can be hand delivered, to Mr. Arreola, HHSC Rate Analysis, MC H-400, Braker Center Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021. Alternatively, written comments may be sent via facsimile to Mr. Arreola at (512) 491-1998. Interested parties may request to have mailed to them or may pick up a briefing package concerning the proposed payment rates by contacting Tony Arreola, HHSC Rate Analysis, MC H-400, 1100 West 49th Street, Austin, Texas 78756-3101.

Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Tony Arreola, HHSC Rate Analysis, MC H-400, 1100 West 49th Street, Austin, Texas 78756-3101, telephone number (512) 491-1358, by July 9, 2004, so that appropriate arrangements can be made.

Proposal. As the single state agency for the state Medicaid program, HHSC proposes the following per diem payment rates for the four state-owned veterans nursing facilities effective September 1, 2004: Big Spring, $126.00; Bonham, $126.00; Floresville, $126.00; and Temple, $126.00. The proposed rates for each home are based upon the state veterans home semi-private basic daily rate in effect on the first day of the rate period in accordance with 1 TAC §355.111(d). These rates will be reconciled retrospectively based on actual costs in accordance with 1 TAC §355.311(j).

Methodology and justification. The proposed rates were determined in accordance with the rate reimbursement setting methodology at 1 TAC §355.311(d).

TRD-200403876

Steve Aragón

General Counsel

Texas Health and Human Services Commission

Filed: June 14, 2004


Texas Department of Housing and Community Affairs

Notice of Public Hearing

Low Income Home Energy Assistance Program (LIHEAP) PY 2005

For the fiscal year that begins October 1, 2004, the Texas Department of Housing and Community Affairs (TDHCA) anticipates receiving federal funds to continue the operation of certain programs that assist very low-income Texans with home energy. While in the process of deciding how to use Low-Income Home Energy Assistance Program (LIHEAP) funds, the Department now seeks opinions of groups affected by LIHEAP programs as well as opinions of other interested citizens.

As part of the public information, consultation, and public hearing requirements for the Low Income Home Energy Assistance Program, the Community Affairs Division of the Texas Department of Housing and Community Affairs (TDHCA) will conduct one public hearing. As its primary purpose, the hearing solicits comments on the proposed use and distribution of federal fiscal year (FFY) 2005 funds provided under LIHEAP. LIHEAP provides funding for the Weatherization Assistance Program (WAP) and Comprehensive Energy Assistance Program (CEAP).

The public hearing has been scheduled as follows:

Monday, July 19, 2004, 2:00 p.m.

Room #436, TDHCA Headquarters,

507 Sabine St.

Austin, Texas 78701

A representative from TDHCA will explain the planning process and receive comments from interested citizens and affected groups regarding the proposed plan (Intended Use Report). A copy of the Intended Use Report, may be obtained, after July 5, 2004, through TDHCA's web site, http://www.tdhca.state.tx.us/ea.htm or by contacting the Texas Department of Housing and Community Affairs, Community Affairs Division, Energy Assistance Section, P.O. Box 13941, Austin, Texas 78711-3941, or by phone at (512) 475-1435.

Anyone may submit comments on the intended use of funds in written form or oral testimony at the public hearing. TDHCA must receive written comments no later than 5:00 p.m., July 21, 2004. Comments concerning the Intended Use Report may be submitted via the internet at jtouchet@tdhca.state.tx.us or by fax (512) 475-3935 or through John Touchet at TDHCA using the postal service address provided above. If you have any questions regarding the public hearing process or any of the programs referenced above, please contact TDHCA, Community Affairs Division, Energy Assistance Section.

Individuals who require auxiliary aids or services for this meeting should contact Ms. Gina Esteves at (512) 475-3943 or Relay Texas at 1-800-735-2989 at least two days before the meeting so that appropriate arrangements can be made.

TRD-200403888

Edwina P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: June 15, 2004


Texas Department of Insurance

Correction of Error

The Texas Department of Insurance adopted amendments to 28 TAC §11.508 in the May 21, 2004, Texas Register (29 TexReg 5100).

Under subsection (c) on page 5101, there was a typographical error. The reference to "(1)(I)(ii)" is incorrect, and should read "(1)(H)(ii)".

The subsection as corrected should read: "(c) The benefits described in subsection (a)(1)(F) and (1)(H)(ii) and (vi) of this section do not apply to small employer plans as defined by the Insurance Code Chapter 26."

TRD-200403941


Legislative Budget Board

Responses to Questions Submitted on Request for Proposals #HB7.2004.HE.0003

The University of Texas at Austin

Section 3.6.2. Public Input

Q.1. The time frame laid out in the Request for Proposals (RFP) indicates that activities designed to solicit public input would take place during August. Would it be possible to defer those activities until later in the timeframe--after the Fall semester begins at UT Austin?

A.1. While it is important to maintain the general timeframe laid out in the RFP, it is possible that certain public input activities, particularly those pertaining to students, may be shifted slightly to accommodate the Fall semester calendar.

Section 1.4 and 1.8. Respondent Obligations and Understanding of RFP

Two versions of the same question:

Q.2.a. Does the language in the RFP indicate that only a "prime" contractor that can perform ALL specifications will be considered--and that there will not or cannot be multiple or partial awards to other discreet consultants not a part of a prime's bid?

Q.2.b. Can a consulting firm submit a proposal to review 2 - 3 different processes at the university based on the firm's expertise?

A.2.a and b. The language in Section 1.4 of the RFP is specific regarding the requirement that proposals must address all specifications of the review.

Q.3. Does the RFP allow the Legislative Budget Board (LBB) to disassemble bids and essentially pick and choose subcontractors from among various proposals?

A.3. No, proposals will be considered in their entirety. As described in Section 4.3, preliminary negotiations may include allocations of personnel and other enhancements.

Section 1.16. Mandatory Letters of Intent to Propose

Q.4. Will a list of firms that have submitted Mandatory Letters of Intent be made available to the public?

A.4. The list of Mandatory Letters of Intent to Propose will be made available upon receipt of written request (via mail, hand delivery, or fax) addressed to the contact person listed in the RFP.

Section 3.6.3. Status Reports and Timetable for Deliverables

Q.5. Can status reports and updates on project progress (outside of those designated as requiring personal attendance) be done electronically (e-mail or fax) and/or via teleconference, videoconference, etc.?

A.5. Generally yes, status reports may be submitted electronically. Provisions for teleconferencing or videoconferencing would need to be examined before a determination could be made as to feasibility of these methods of delivery.

Section 2.6.3. Conflict of Interest

Q.6. There was a request to make a determination of whether specific situations unique to the responder would present a disqualifying conflict of interest for all or parts of the review.

A.6. Generally the LBB standard related to possible conflicts of interest will be to ensure the entire review process is above even the perception of possible conflict of interest or lack of independence. Specifically however, the LBB cannot, at this point, make a determination of whether certain situations unique to a responder would present a disqualifying conflict of interest related to all or parts of a particular review. After a proposal is received by the LBB, the proposal will be reviewed closely to determine whether there could be any reasonable perception of a possible conflict of interest or reasonable doubt regarding a lack of independence relating to the findings or recommendations of any person reviewing any particular part of the university and the interests of any person associated with that particular part of the university under review. Respondents should include in their proposals any actual or potential conflicts of interests between the respondent, respondent's staff, and, for example, LBB members, staff, or the university under review.

TRD-200403785

John O'Brien

Deputy Director

Legislative Budget Board

Filed: June 9, 2004


Texas Lottery Commission

Instant Game Number 464 "75 Grand"

1.0. Name and Style of Game.

A. The name of Instant Game Number 464 is "75 GRAND." The play style is "key number match with auto win."

1.1. Price of Instant Ticket.

A. Tickets for Instant Game Number 464 shall be $5.00 per ticket.

1.2. Definitions in Instant Game Number 464.

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, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, MONEY BAG SYMBOL, $1.00, $2.00, $4.00, $5.00, $10,00, $15.00, $20.00, $25.00, $50.00, $100, $500, $1,000 or $75.000.

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. 464 - 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. 464 - 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 $5.00, $10.00, $15.00, or $20.00.

H. Mid-Tier Prize--A prize of $50.00, $100 or $500.

I. High-Tier Prize--A prize of $1,000 or $75,000.

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 (464), a seven digit pack number, and a three digit ticket number. Ticket numbers start with 000 and end with 074 within each pack. The format will be: 464-0000001-000.

L. Pack--A pack of "75 GRAND" Instant Game tickets contains 75 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one. The packs will alternate. One will show the back of ticket 000 and front 074.

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 "75 GRAND" Instant Game Number 464 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 "75 GRAND" Instant Game is determined once the latex on the ticket is scratched off to expose 34 Play Symbols. Match any of YOUR NUMBERS play symbols to any of the WINNING NUMBERS play symbols, win prize shown for that number. If a player reveals a MONEY BAG SYMBOL, the player wins $50.00 automatically. 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 34 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 34 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 34 Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 34 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 three or more duplicate non-winning prize symbols and no more than three pair on a ticket.

C. No duplicate non-winning Your Number play symbols.

D. No duplicate Winning Numbers play symbols.

E. No prize amount in a non-winning spot will correspond wit the your Number play symbol (i.e. 5 and $5).

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

G. The "moneybag" symbol will be used as dictated by the prize structure and will always appear with the $50.

H. The "moneybag" symbol may only appear once on a ticket.

2.3. Procedure for Claiming Prizes.

A. To claim a "75 GRAND" Instant Game prize of $5.00, $10.00, $15.00, $20.00, $50.00, $100 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00, $100 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "75 GRAND" Instant Game prize of $1,000 or $75,000, 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 "75 GRAND" 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 "75 GRAND" 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 "75 GRAND" 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 prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed.

3.0. Instant Ticket Ownership.

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

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

4.0. Number and Value of Instant Prizes. There will be approximately 4,080,000 tickets in the Instant Game Number 464. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 464 - 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 464 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 464, 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. An instant game ticket may continue to be sold even when all the top prizes have been claimed.

TRD-200403816

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: June 10, 2004


Texas Department of Mental Health and Mental Retardation

Correction of Error

The Texas Department of Mental Health and Mental Retardation (TDMHMR) submitted in error notices of adopted rulemaking for new Chapter 414, Subchapter P, §§414.751 - 414.765 and the repeal of existing §§414.751 - 414.764 for publication in the June 18, 2004, issue of the Texas Register (29 TexReg 5921). The notices incorrectly adopted new rules and repeals proposed in the January 2, 2004, issue of the Texas Register ; however, TDMHMR had withdrawn those proposed rulemaking notices from further consideration in the April 16, 2004, issue of the Texas Register and concurrently reproposed repeals and new rules for those section numbers. Adoption notices for the repeals and new sections proposed in the April 16, 2004, issue are published in the Adopted Rules section of this issue.

TRD-200403974


Notice of Public Hearing

The Texas Department of Mental Health and Mental Retardation (department) has scheduled a hearing for 10:00 a.m., Wednesday, June 30, 2004, to accept comment from the public regarding the draft of The Long-Term Care Plan for People with Mental Retardation and Related Conditions for FY 2006-2007. The hearing will be held in the department's Central Office Auditorium in Building 2 at 909 West 45th Street, in Austin, Texas. Each registered speaker will be permitted five minutes to present comments.

Persons requiring an interpreter for the deaf or hearing impaired should contact the department's Central Office operator at least 72 hours prior to the hearing at TDD (512) 206-5330. Persons requiring other accommodations for a disability should notify Long Term Services and Supports, at least 72 hours prior to the hearing at (512) 206-5205 or at the TDY phone number of Texas Relay, 1/800-735-2988.

Texas Health and Safety Code (THSC), §533.062, requires the department to develop the plan biennially to specify the capacity of the Medicaid waiver programs under §1915(c) of the Social Security Act operated by the department. The plan also must specify the number and levels of new beds in the Intermediate Care Facilities for Persons with Mental Retardation (ICF/MR) Program to be authorized for each region of the state. The department is required to consider:

(1) the needs of the population to be served;

(2) projected appropriation amounts for the biennium; and

(3) the requirements of applicable federal law.

THSC, §533.062, also requires the department to hold a public hearing before forwarding the plan to the Texas Health and Human Services Commission (THHSC) for possible modification and eventual approval. THHSC is required to submit the approved plan as part of the consolidated health and human services budget recommendations required by Texas Government Code, §531.026.

After legislative action on the appropriation for long-term care services for persons with mental retardation, THHSC must adjust the plan to ensure that the number of ICF/MR beds licensed or approved as meeting license requirements and the capacity of the §1915(c) Medicaid waiver program are within appropriated funding amounts, after which THHSC must publish the plan in the Texas Register.

A copy of the draft report will be available after June 18, 2004, by contacting Mark Johnston, Long Term Services and Supports, Texas Department of Mental Health and Mental Retardation, P.O. 12668, Austin, Texas 78711-2668 or may be downloaded from the department's website at: http://www.mhmr.state.tx.us/LongTermServicesSupport/html

Written comments may be submitted to Mark Johnston no later than 5 p.m., Wednesday, June 30, 2004.

TRD-200403851

Rodolfo Arredondo

Chair, Texas MHMR Board

Texas Department of Mental Health and Mental Retardation

Filed: June 14, 2004


Midwestern State University

Request for Proposals for Outside Counsel

REQUESTOR:

Board of Regents

Midwestern State University

3410 Taft Blvd.

Wichita Falls, TX 76308

STATEMENT OF PURPOSE: The Board of Regents of Midwestern State University is requesting proposals for the purpose of retaining a firm to act as the university's outside counsel.

INSTRUCTIONS TO PROPOSERS: A. All proposals must be in a sealed envelope and clearly marked: "Sealed Proposal-Outside Counsel Services." All proposals must be received by 5:00 p.m., Monday, July 19, 2004. B. Ten (10) copies of the proposal are required and may be mailed to: Midwestern State University, ATTN: Debbie Barrow, Executive Assistant, 3410 Taft Blvd., Wichita Falls, TX 76308 or hand delivered to 3410 Taft Blvd., Room 107, Hardin Administration Building, Wichita Falls, TX by 5:00 p.m., July 19, 2004. Each proposal should indicate the name and phone number of the principal contact for the firm. C. Questions or comments concerning this request for proposals should be directed to: Dr. Jesse W. Rogers, President, Midwestern State University, 3410 Taft Blvd., Wichita Falls, TX 76308, (940) 397-4211. D. The Board will select a firm at its meeting August 6, 2004. The selected firm will be notified on or about August 16, 2004. E. The Board shall submit its selection to the Texas State Attorney General for final approval.

TERMS AND CONDITIONS: A. The Board reserves the right to reject any or all proposals or to award the contract to the next most qualified firm if the successful firm does not execute a contract within thirty (30) days after the award of the proposal. B. The Board reserves the right to request clarification of information submitted and to request additional information of one or more applicants. C. The Board and staff will perform an evaluation of the selected firm’s performance as necessary, and the Board shall have the right to terminate its contract by specifying the date of termination in a written notice to the firm at least thirty (30) working days before the termination date. In this event, the firm shall be entitled to just and equitable compensation for any satisfactory work completed. D. Any agreement or contract resulting from acceptance of a proposal shall be on forms either supplied by or approved by the Attorney General. The Board reserves the right to reject any agreement that does not conform to the request for proposals and any Board requirements for agreements and contracts. E. The selected firm shall not assign any interest in the contract and shall not transfer any interest in the same without prior written consent of the Board.

ELIGIBLE PROPOSERS: A. The Midwestern State University Board of Regents will only consider proposals from law firms licensed in Texas. B. Counsel must have prior legal experience with public, non-profit organizations. Experience with state agencies and an interest in education will be viewed favorably in the selection process. C. Counsel must agree to work closely with the President of the University in matters submitted to Counsel for review. D. Counsel must agree to attend any and all Board of Regents meetings, which are held no less than quarterly on the campus of Midwestern State University, Wichita Falls, Texas. Counsel’s attendance would only be required at the request of the Board and adequate notice would be provided. E. Counsel must maintain malpractice insurance in an amount of not less $1,000,000.

SCOPE OF SERVICES: The selected firm will provide the following services: A. In all situations where local assistance is required by the Office of the Attorney General on litigation or general counsel matters being handled by the Office of the Attorney General, or where the Office of the Attorney General defers the matter to local counsel. B. In situations where expertise in school law and policy is required. C. In situations where prior knowledge or experience with the particular facts or issues in the matter or where other unusual circumstances exist which would facilitate the most timely and economical handling of the matter. D. In emergency and other situations that require a response time that the Office of the Attorney General cannot reasonably provide. E. In situations involving personal meetings or conferences where the charges for legal fees and expenses for travel by the Office of the Attorney General would result in a total cost greater than could be obtained by using the local counsel.

QUALIFICATIONS: A. Describe how the firm is organized and how its resources will be put to work for MSU. B. List the firm’s most recent three (3) years of experience in higher education, school law, state agency or public, non-profit organizations relationships. State the term of the relations, briefly describe the work performed, and include the names, addresses and phone numbers of contact persons. C. Affirm that no individual in the firm has represented any client in any matter pending before Midwestern State University during the previous six-month period.

PERSONNEL: A. Indicate which individuals in the firm would be assigned in a direct, on-going working relationship with the Board and staff and include their resumes. Indicate the role these individuals assumed in the three-year history of higher education, school law, state agency or public, non-profit organizations relationships as described in subsection 2 of the QUALIFICATIONS section. B. Indicate the availability of individuals described in subsection 1 of this section. C. Include a description of your firm's Affirmative Action program and include any strides made in the employment of women and minorities.

COMPENSATION: Explain the firm's proposed hourly fee schedule and the projected annual cost for the scope of services detailed in this RFP. If the firm proposes that the university bear the cost of incidental expenses associated with these services, clearly state what type of incidental expense and estimated costs the university would be expected to bear.

TRD-200403889

Jesse W. Rogers

President

Midwestern State University

Filed: June 15, 2004


Public Utility Commission of Texas

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 June 9, 2004, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Blue Sky Telecommunications, L.L.C. for a Service Provider Certificate of Operating Authority, Docket Number 29838 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, ADSL, ISDN, SDSL, VDSL, T1-Private Line, Switch 56 KBPS, Frame Relay, Fractional T1, Long distance, and wireless services.

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 30, 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 29838.

TRD-200403920

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 15, 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 June 10, 2004, for waiver of denial by the North American Numbering Plan Administrator (NANPA) Pooling Administrator (PA) of Southwestern Bell Telephone, L.P., d/b/a SBC Texas' request for additional telephone numbers in the Fort Worth rate center.

Docket Title and Number: Application of Southwestern Bell Telephone, L.P., d/b/a SBC Texas for Waiver of Neustar, Inc. Denial of NXX Code Request. Docket Number 29843.

The Application: SBC Texas requested the Commission waive Neustar's denial of its request for additional numbering resources to accommodate a single customer request in the Fort Worth 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 25, 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 29843.

TRD-200403919

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 15, 2004


Public Notice of Hearing on Rulemaking for Nuclear Decommissioning Following the Sale or Transfer of Nuclear Generating Assets

The staff of the Public Utility Commission of Texas (commission) will hold a public hearing regarding the rulemaking for nuclear decommissioning following the sale or transfer of nuclear generating assets on Tuesday, July 13, 2004, at 4:00 p.m. in Hearing Room Gee, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 29169 has been assigned to this proceeding. The hearing will provide an opportunity for interested persons to advise the commission staff of their views on the latest proposed rule in this rulemaking project.

Questions concerning the hearing or this notice should be referred to Martha Elvey, Financial Review Division, (512) 936-7425. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200403918

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 15, 2004