TITLE in-addition

Ark-Tex Council of Governments

Request for Proposal for Provision of a Regional Law Enforcement Training Program

The Ark-Tex Council of Governments (ATCOG) is soliciting proposals for the provision of regional law enforcement training through a grant provided by the Texas Governor's Office, Criminal Justice Division.

The types of training to be provided include: Basic Law Enforcement Officer, Basic Jailer Certification, Basic Tele-Communicators, and Advanced Law Enforcement Training. The period of performance is September 1, 2004 through August 31, 2005.

The service delivery area includes the following counties in Texas: Bowie, Cass, Delta, Franklin, Hopkins, Lamar, Morris, Red River, and Titus.

Potential respondents may obtain a copy of the request for proposal, scoring guidelines, and project scoring criteria by contacting Brenda Stone, Ark-Tex Council of Governments, P.O. Box 5307, Texarkana, Texas 75505-5307, or call (903) 832-8636. The deadline for proposal submission is June 25, 2004, at 5:00 p.m. The Ark-Tex Council of Governments Regional Criminal Justice Advisory Committee will score multiple proposals received. Respondents will be notified in writing of the date, time, and place of the meeting at which the proposals will be scored.

Issued in Texarkana, Texas, on May 14, 2004.

TRD-200402959

L. D. Williamson

Executive Director

Ark-Tex Council of Governments

Filed: May 3, 2004


Brazos Valley Council of Governments

Public Notice

Request for Proposals for HIV Health and Social Services (State Services)

On May 3, 2004, the Brazos Valley Council of Governments will be officially releasing a Request for Proposals (RFP) for HIV Health and Social Services (State Services) funds to contract for the period September 1, 2004 through August 31, 2005. Proposals are requested from eligible entities in the Central Texas HIV/AIDS Planning Area (CTHPA) to provide health and social services to eligible persons living with HIV/AIDS (PLWH/A). Eligible applicants must be public or private nonprofit health care or social services organizations doing business within the Central Texas HIV/AIDS Planning Area, which consists of five HIV Service Delivery Areas (HSDAs), including Austin, Bryan/College Station, San Angelo, Temple/Killeen, and Waco.

The purpose of the HIV Health and Social Services program is to improve the quality, availability, and organization of health care and support services for individuals and families living with or affected by HIV/AIDS infection. Eligible services to be provided include comprehensive outpatient health and support services for individuals living with HIV/AIDS.

The RFP can be downloaded at http://hiv.bvcog.org or requested from the HIV Administrative Services Program at (979) 595-2800 or in writing at P.O. Box 4128, Bryan, Texas 77805-4128, Attention: Request for State Services RFP.

A letter of intent should be submitted by May 21, 2004. A Pre-Proposal Conference on completion of the proposal will be held on Wednesday, May 26, 2004, at 10:00 a.m. The meeting will be held at the Brazos Valley Council of Governments (3991 East 29th Street, Bryan, Texas 77802) in the Conference Room. The purpose of the conference is to give all applicants an equal opportunity to ask questions and get clarification before completing their proposals. Attendance at the conference is not mandatory, but is strongly encouraged. To be considered, proposals must be received no later than 5:00 p.m. on June 18, 2004.

TRD-200402901

Tom Wilkinson

Executive Director

Brazos Valley Council of Governments

Filed: April 29, 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 April 23, 2004, through April 29, 2004. The public comment period for these projects will close at 5:00 p.m. on June 4, 2004.

FEDERAL AGENCY ACTIONS:

Applicant: Texas A&M University; Location: The project is located in the Galveston Ship Channel, along the Mitchell Campus of Texas A&M University, adjacent to the dock for the USTS Texas Clipper II, at 200 Seawolf Parkway, Galveston, in Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Galveston, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 323099; Northing: 3244109. Project Description: The applicant proposes to hydraulically dredge approximately 27000 cubic yards from a 520-foot by 325-foot area outboard of the USTS Texas Clipper II. This location is commonly known as the Clipper Dock. The dredging and construction of this dock was originally authorized by DA Permit 8081 to a depth of 30 feet below mean low tide, with the placement of dredge material into the Corps of Engineers disposal area on Pelican Island. The dredged material from this project is to be placed in a 5.8-acre upland disposal site located on Pelican Island, on property owned and maintained by Texas A&M University. The applicant has also requested authorization for ten years of maintenance dredging of the Clipper Dock. CCC Project No.: 04-0143-F1; Type of Application: U.S.A.C.E. permit application #8081(02) is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).

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-200403024

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: May 5, 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, Texas Finance Code.

The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the period of 05/10/04 - 05/16/04 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 05/10/04 - 05/16/04 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-200403005

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: May 4, 2004


Credit Union Department

Application to Expand Field of Membership

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

An application was received from Credit Union of Texas, Dallas, Texas to expand its field of membership. The proposal would include members and employees of The Starfish Foundation, 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-200402964

Harold E. Feeney

Commissioner

Credit Union Department

Filed: May 3, 2004


Texas Commission on Environmental Quality

Notice of District Petition

Notices mailed April 29, 2004 through May 3, 2004

TCEQ Internal Control No. 04152004-D07; AP Terrell Limited Partnership (Petitioner) filed a petition for creation of Las Lomas Municipal Utility District No. 1 of Kaufman County (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) there is no lien holder on the property to be included in the proposed District; (3) the proposed District will contain approximately 456.17 acres located within Kaufman County, Texas; and (4) 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. The petition further states that the proposed District will: (1) purchase, construct, acquire, improve, extend, maintain, and operate a waterworks and sanitary sewer system for domestic and commercial purposes; (2) purchase, 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; and (4) construct, acquire, improve, maintain, and operate additional facilities, systems, plants, and enterprises consistent with the purposes for which the District is created and permitted under State law. The petition further states that the proposed District may: (1) finance one or more facilities designed or utilized to perform fire- fighting services; and (2) purchase interests in land and purchase, construct, acquire, improve, extend, maintain, and operate improvements, facilities, and equipment for the purpose of providing parks and recreational facilities permitted under State law. According to the petition, the Petitioner has 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 $26,620,000.

TCEQ Internal Control No. 04152004-D06; AP Terrell Limited Partnership (Petitioner) filed a petition for creation of Las Lomas Municipal Utility District No. 2 of Kaufman County (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) there is no lien holder on the property to be included in the proposed District; (3) the proposed District will contain approximately 425.96 acres located within Kaufman County, Texas; and (4) 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. The petition further states that the proposed District will: (1) purchase, construct, acquire, improve, extend, maintain, and operate a waterworks and sanitary sewer system for domestic and commercial purposes; (2) purchase, 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; and (4) construct, acquire, improve, maintain, and operate additional facilities, systems, plants, and enterprises consistent with the purposes for which the District is created and permitted under State law. The petition further states that the proposed District may: (1) finance one or more facilities designed or utilized to perform fire- fighting services; and (2) purchase interests in land and purchase, construct, acquire, improve, extend, maintain, and operate improvements, facilities, and equipment for the purpose of providing parks and recreational facilities permitted under State law. According to the petition, the Petitioner has 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 $25,130,000.

TCEQ Internal Control No. 04162004-D02; Milestone South Six Development, Ltd., (Petitioner) filed a petition for creation of Brazoria County Municipal Utility District No. 30 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) there are no lienholders on the property to be included in the proposed District; (3) the proposed District will contain approximately 396.477 acres located within Brazoria County, Texas; and (4) the proposed District is within the corporate limits of the City of Manvel, Texas, and is not within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. By Resolution No. 2004-R-01, effective February 9, 2004, the City of Manvel gave its consent to the creation of the proposed District. The petition further states that the proposed District will: (1) purchase, construct, acquire, improve, extend, maintain, and operate a waterworks and sanitary sewer system for domestic and commercial purposes; (2) purchase, 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; and (4) construct, acquire, improve, maintain, and operate additional facilities, systems, plants, and enterprises consistent with the purposes for which the District is created and permitted under State law. The petition further states that the proposed District may: (1) finance one or more facilities designed or utilized to perform fire-fighting services; and (2) purchase interests in land and purchase, construct, acquire, improve, extend, maintain, and operate improvements, facilities, and equipment for the purpose of providing parks and recreational facilities permitted under State law. According to the petition, the Petitioner estimates that the cost of the project will be approximately $31,900,000.

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-200403027

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: May 5, 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 (ED) of the commission in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is June 14, 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 June 14, 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: Azman Incorporated dba Shoppers Mart 2; DOCKET NUMBER: 2002-0120-PST- E; TCEQ ID NUMBERS: 17143 and RN101858058; LOCATION: 10102 Homestead, Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail fuel sales; RULES VIOLATED: 30 TAC §115.245(1) and Texas Health and Safety Code (THSC), §382.085(b), by failing to perform the initial testing of the Stage II vapor recovery system within 30 days of the system's installation; and 30 TAC §334.22, by failing to pay annual and associated late underground storage tank (UST) fees; PENALTY: $1,000; STAFF ATTORNEY: Alfred Okpohworho, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY: Billy G. Hall; DOCKET NUMBER: 2002-0332-PST-E; TCEQ ID NUMBERS: 0067740 and RN102374485; LOCATION: 407 East 50th Street, Lubbock, Lubbock County, Texas; TYPE OF FACILITY: grocery store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.49(a) and TWC, §26.3475, by failing to protect the UST system from corrosion; 30 TAC §334.50(b)(1)(A) and TWC, §26.3475, by failing to monitor the USTs for releases at a frequency of at least once every month not to exceed 35 days between each monitoring; 30 TAC §37.815(a) and (b), by failing to demonstrate 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; and 30 TAC §334.21, by failing to pay the UST fees; PENALTY: $9,900; STAFF ATTORNEY: Rebecca Nash Petty, Litigation Division, MC 175, (512) 239-3693; REGIONAL OFFICE: Lubbock Regional Office, 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(3) COMPANY: Granville Rasberry; DOCKET NUMBER: 2002-0149-OSI-E; TCEQ ID NUMBER: OS5451; LOCATION: 1334 Diablo Drive, Crosby, Harris County, Texas; TYPE OF FACILITY: on-site sewage facility (OSSF); RULES VIOLATED: 30 TAC §285.61(1) and THSC, §366.071, by failing to possess a current license before beginning construction of an OSSF; PENALTY: $250; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422- 8914; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(4) COMPANY: John Roof dba Roof Dairy; DOCKET NUMBER: 2001-0236-AGR-E; TCEQ ID NUMBER: none; LOCATION: 2357 North County Road 1226, Godley, Johnson County, Texas; TYPE OF FACILITY: dairy; RULES VIOLATED: 30 TAC §321.39(f)(18), by failing to prohibit the entry of animals into the waste storage ponds and failing to prevent the growing of trees on the embankment of the waste storage pond; and TCEQ Default Order Number 1998-0248-AGR-E, by failing to pay administrative penalties; PENALTY: $3,000; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: Karfaiz, Inc. dba Rick's Drive-In Grocery; DOCKET NUMBER: 2003-0871-PST- E; TCEQ ID NUMBERS: 13401 and RN101377471; LOCATION: 326 East McKinney, Denton, Denton 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 three petroleum USTs; PENALTY: $2,850; STAFF ATTORNEY: Gitanjali Yadav, Litigation Division, MC 175, (512) 239-2029; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(6) COMPANY: Mazi Bul Haque dba Super Shop; DOCKET NUMBER: 2003-1008-PST-E; TCEQ ID NUMBER: 41194; LOCATION: 1002 East Loop 456, Jacksonville, Cherokee 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 from the operation of petroleum USTs; PENALTY: $2,400; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(7) COMPANY: Niranjan S. Patel dba TJ's Grocery & Washateria; DOCKET NUMBER: 2003- 1010-PST-E; TCEQ ID NUMBERS: 3901 and RN102894110; LOCATION: 1366 Highway 87 South, Crystal Beach, Galveston 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 petroleum USTs; 30 TAC §21.4(e) and §334.22(a), by failing to pay fees, including associated late fees and interest, associated with the USTs; PENALTY: $4,280; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-200403019

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: May 4, 2004


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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is June 14, 2004 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on June 14, 2004 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, §7.075 provides that comments on an AO should be submitted to the commission in writing .

(1) COMPANY: Adventure Camp Inc. dba Y. O. Adventure Camp; DOCKET NUMBER: 2002- 0984-PWS-E; TCEQ ID NUMBERS: 1330116 and RN101194561; LOCATION: Highway 41, approximately 15 miles west of Mountain Home, Kerr County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.109(c)(2) and (g)(4) and §290.122(c), and Texas Health and Safety Code (THSC), §341.033(d), by failing to collect and submit routine monthly water samples for bacteriological analysis and failing to provide public notice of the failure to sample; 30 TAC §290.109(c)(3) and (g)(4) and §290.122(c), by failing to collect and submit repeat water samples for bacteriological analysis following a total coliform-positive sample result and failing to provide public notification of the failure to conduct the repeat sampling; TCEQ Agreed Order, Docket Number 96-1767-PWS-E, by failing to pay the total administrative penalty imposed by the commission; PENALTY: $3,535; STAFF ATTORNEY: Alfred Okpohworho, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(2) COMPANY: Chouhan Enterprise Corporation dba Gina's Food Mart 2; DOCKET NUMBER: 2002-0820-PST-E; TCEQ ID NUMBERS: 0053744 and RN101901254; LOCATION: 2296 Highway 67, Proctor, Comanche County; Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(2)(A) and (a)(1)(A) and TWC, §26.3475, by failing to perform a piping tightness test at least once every year; 30 TAC §334.50(b)(1)(A) and (a)(1)(A) and TWC, §26.3475, by failing to monitor underground storage tanks (USTs) for releases at a frequency of at least once every month not to exceed 35 days between each monitoring; 30 TAC §334.50(d)(1)(B)(ii) and (a)(1)(A) and TWC, §26.3475, by failing to reconcile inventory control records on a monthly basis; 30 TAC §334.8(c)(4)(B) and TWC, §26.346(a), by failing to complete and submit a UST registration and self-certification form; 30 TAC §334.5(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into a UST; and 30 TAC §334.8(c)(5)(C), by failing to physically label all tank fill pipes and fill lines according to the registration information, with a legible, permanent marking at the top of the fill tube or at another nonremovable point in the immediate area of the fill tube; PENALTY: $8,000; STAFF ATTORNEY: Kelly W. Mego, Litigation Division, MC R-4, (817) 588-5922; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(3) COMPANY: Douglas Lawrence dba Jim's Service Center; DOCKET NUMBER: 2002-0556- PST-E; TCEQ ID NUMBER: 41583; LOCATION: 2222 West Main Street, Gun Barrel City, Henderson County, Texas; TYPE OF FACILITY: retail gas station; RULES VIOLATED: 30 TAC §334.8(c)(4)(A)(vi)(I) and TWC, §26.346(a), by failing to submit the required UST registration and self-certification form; 30 TAC §334.50(b)(2)(A)(i)(III), by failing to perform annual performance and operational reliability testing on each line leak detector; 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance; and 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for the UST system; PENALTY: $22,000; STAFF ATTORNEY: Alfred Okpohworho, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535- 5100.

(4) COMPANY: William Whatley dba Waste Water Technologies; DOCKET NUMBER: 2003- 0522-OSI-E; TCEQ ID NUMBER: 5954; LOCATION: 777 Park Road 62, Quanah, Hardeman County, Texas; TYPE OF FACILITY: on-site sewage; RULES VIOLATED: 30 TAC §285.61(11) and THSC, §366.055(b), by failing to request the initial and final inspections of the on-site sewage facility (OSSF) from the permitting authority; 30 TAC §285.61(5) and THSC, §366.054, by failing to notify the permitting authority of the date on which construction of an OSSF was to begin; 30 TAC §285.91(10) and THSC, §366.004, by failing to maintain separation distances of ten feet between the public water supply and sewer pipe; 30 TAC §285.61(4) and THSC, §366.051(c), by beginning construction of an OSSF before obtaining documentation that the owner or owner's agent had the permitting authority's authorization to construct; and 30 TAC §285.61(7) and (8), by failing to construct the OSSF that had been authorized by the permitting authority for the specific location identified in the site evaluation and failing to stop construction and return to the permitting authority to change the planning materials for the permit if the site or soil conditions, materials, or supplies make compliance with the planning materials impossible; PENALTY: $2,969; STAFF ATTORNEY: Wendy Cooper, Litigation Division, MC R-4, (817) 588-5867; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

TRD-200403018

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: May 4, 2004


Notice of Public Hearings and Opportunity to Comment Concerning the Protection of the Edwards Aquifer from Pollution

The Texas Commission on Environmental Quality (TCEQ or commission) will conduct hearings to receive comments from the public on actions the commission may take to protect the Edwards Aquifer from pollution, as required under Texas Water Code, §26.046. This requirement assists the commission in its shared responsibility with local governments such as cities and groundwater conservation districts to protect the water quality of the aquifer.

In accordance with 30 TAC Chapter 213, annual hearings are held on the Edwards Aquifer Protection Program and the TCEQ's rules addressing regulated development over the designated contributing, recharge, and transition zones of the Edwards Aquifer. The hearings for 2004 will be held at the following times and locations: Monday, June 7, 2004, at 7:00 p.m. at the Texas Commission on Environmental Quality Park 35 Office Complex, 12100 Park 35 Circle, Building E, Room 201S, Austin and Wednesday, June 9, 2004, at 7:00 p.m. at the City of San Antonio Municipal Council Chambers, 103 Main Plaza, San Antonio.

These hearings 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 program 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 should reference the Edwards Aquifer Protection Program and may be submitted to Julie Talkington, Texas Commission on Environmental Quality, Field Operations Division, MC 174, P.O. Box 13087, Austin, Texas 78711-3087. Comments must be received by 5:00 p.m., July 9, 2004 . For further information or questions concerning these hearings, please contact Ms. Talkington at (512) 239-0906.

TRD-200403021

Stephanie Bergeron

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: May 4, 2004


Notice of Public Meeting and Proposed General Permit Authorizing Discharges from Concentrated Aquatic Animal Production Facilities

The Texas Commission on Environmental Quality (TCEQ) proposes to issue a general permit, Proposed General Permit Number TXG130000, authorizing eligible discharges of wastewater from concentrated aquatic animal production facilities, into and adjacent to water in the state, under Texas Water Code, §26.040. The proposed general permit applies to the entire state of Texas. Discharges into and adjacent to surface water in the state are allowed by the proposed general permit under Texas Water Code, §26.040, and Clean Water Act, §402.

Proposed General Permit. The executive director has prepared a general permit that provides requirements and conditions for operators based on three levels of successively higher production activities and other criteria related to the facilities and for the potential for pollution. Level I facilities would not be required to submit notice to TCEQ and would operate with minimal requirements. The executive director has based the decision to not require notices for these activities on the determination that these discharges are not significant contributors of pollutants. Level II and Level III facilities are required to submit a notice of intent to obtain authorization, must monitor discharges, and discharges must meet numeric effluent limitations. Facilities that land apply wastewater must make applications at agronomic rates and adhere to permit requirements for the protection of groundwater. No significant degradation of high quality waters is expected.

The executive director has reviewed this action for consistency with the goals and policies of the Texas Coastal Management Program according to Coastal Coordination Council regulations, and has determined that the action is consistent with applicable Coastal Management Program's goals and policies.

A copy of the proposed general permit and fact sheet are available for viewing and copying at TCEQ's Office of the Chief Clerk, Building F, 12100 Park 35 Circle, Austin, Texas 78753. These documents are also available at TCEQ's 16 regional offices and on the TCEQ Web site at: http://www.tnrcc.state.tx.us/permitting/waterperm/wwperm/tpdesgen.html.

Public Meeting/Public Comment. TCEQ will hold a public meeting to receive comments on and answer questions about the proposed general permit. This meeting is not a contested case hearing. The public meeting is scheduled for 7:00 p.m. on Thursday, May 27, 2004, at TCEQ's Central office, Building F, Conference Room 2210, 12100 Park 35 Circle, Austin, Texas 78753. Written public comments must be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087 within 30 days from the date this notice is published.

Approval Process. After the comment period closes, the executive director will consider all the public comments and prepare a response. The response to comments will be mailed to everyone who submitted public comments or who requested to be on a mailing list for this general permit. The general permit will then be set for the commissioners' consideration at a scheduled commission meeting.

Mailing Lists. In addition to submitting public comments, you may ask to be placed on a mailing list to receive future public notices mailed by the Office of the Chief Clerk. You may request to be added to: 1) the mailing list for this specific general permit; 2) the permanent mailing list for a specific applicant name and permit number; and/or 3) the permanent mailing list for a specific county. Clearly specify which mailing lists to which you wish to be added and send your request to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087. Unless you specify otherwise, you will be included only on the mailing list for this specific general permit.

Information. If you need more information about this general permit or the permitting process, please call TCEQ's Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about TCEQ can be found at our Web site at: http://www.tceq.state.tx.us. Further information may also be obtained by calling Stephen M. Ligon, TCEQ Water Quality Division, at (512) 239-4527.

TRD-200403025

Stephanie Bergeron

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: May 5, 2004


Notice of Public Meeting on June 17, 2004, Concerning the Crim-Hammett Proposed State Superfund Site

The purpose of the meeting is to obtain public input and information concerning the intent to take no further action at the site and to delete the site from the state Superfund registry.

The executive director (ED) of the Texas Commission on Environmental Quality (TCEQ or commission) is issuing this public notice of intent to take no further action at the Crim-Hammett proposed state Superfund site (the site) and to delete the site from its proposed-for-listing status on the state Superfund registry. The state registry is the list of state Superfund sites which may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment.

The commission is proposing this deletion because the ED has determined that due to removal actions that have been performed, the site no longer presents such an endangerment. This combined notice is also being published in the Henderson Daily News on May 14, 2004.

The site was proposed for listing on the state Superfund registry in the July 21, 2000 issue of the Texas Register (25 TexReg 7039-7040). The site, including all land, structures, appurtenances, and other improvements, is located at 801 Highway 64, Henderson, Rusk County, Texas. The site also included any areas where hazardous substances had come to be located as a result, either directly or indirectly, of releases of hazardous substances from the site.

The site was used as a truck, tractor, and automobile dealership from 1947 - 1961. From 1961 - 1986, the site was the location of an International Harvester franchise. Based on analytical results, gathered during the remedial investigation at the site, chemicals of concern were predominantly limited to battery chip material located in the soils of the site. Lead was detected at high concentrations, exceeding Texas Risk Reduction Program Tier 1 commercial/industrial protective concentration levels (PCL). Antimony, arsenic, cadmium, and mercury were also detected above Tier 1 commercial/industrial PCLs in the samples collected from the battery chip material. A removal action was performed at the site during the summer of 2003. Approximately 2,500 cubic yards of material were excavated from the site. This material was treated to comply with the requirements for Class 2 non-hazardous waste and transported to the Pinehill Landfill in Kilgore, Texas. Clean soil was brought in and graded to conform to original site conditions. The soil was then seeded to prevent erosion.

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

The commission will hold a public meeting to receive comment on the proposed deletion of the site and the determination to take no further action. This public meeting will be legislative in nature and is not a contested case hearing under Texas Government Code, Chapter 2001. The public meeting is scheduled for 7:00 p.m. on June 17, 2004, at the Henderson City Hall Council Chambers, 400 West Main Street, Henderson, Texas. This public meeting was originally scheduled for April 22, 2004. A notice of postponement was published in the April 15, 2004 issue of the Texas Register and in the Henderson Daily News.

All persons desiring to make comments may do so prior to or at the public meeting. All comments submitted prior to the public meeting must be received by 5:00 p.m., June 17, 2004, and should be sent in writing to Ms. Kristian Mauricio, Project Manager, TCEQ, Remediation Division, MC 143, P.O. Box 13087, Austin, Texas 78711-3087 or by facsimile to (512) 239-2450. The public comment period for this action will end at the close of the public meeting on June 17, 2004.

A portion of the record for this site, including documents pertinent to the proposed deletion of the site, is available for review during regular business hours at the Rusk County Library, 106 East Main Street, Henderson, Texas, (903) 657-8557.

Copies of the complete public record file may be obtained during regular business hours at the commission's Records Management Center, Building E, First Floor, Records Customer Service, 12100 Park 35 Circle, Austin, Texas 78753, (800) 633-9363 or (512) 239-2920. Photocopying of file information is subject to payment of a fee.

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

For further information regarding this meeting, please contact Bruce McAnally, TCEQ Community Relations, at (800) 633-9363.

TRD-200402911

Paul Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 30, 2004


Notice of Water Rights Application

Notices mailed April 29, 2004 through April 30, 2004.

APPLICATION NO. 5826; The City of Houston (City), applicant, 611 Walker, 21st Floor, Houston, Texas 77002 seeks a Water Use Permit pursuant to Texas Water Code (TWC) 11.121 & 11.085 (v) and Texas Commission on Environmental Quality (TCEQ) Rules 30 Texas Administrative Code (TAC) 295.1, et seq. Applicant seeks authorization to divert and use not to exceed: 20,000 acre-feet of water per annum from Sims Bayou, 40,000 acre-feet of water per annum from Brays Bayou, 40,000 acre-feet of water per annum from White Oak Bayou, and 60,000 acre- feet of water per annum from Buffalo Bayou for municipal and industrial purposes within the City's service area. Sims Bayou, Brays Bayou, and White Oak Bayou are all tributaries of Buffalo Bayou, San Jacinto River Basin. Applicant also seeks an exempt interbasin transfer to the adjoining coastal basins: San Jacinto-Brazos Coastal Basin and Trinity-San Jacinto Coastal Basin. Water which is diverted, but not consumed will be discharged at various waste water treatment plants. This application is subject to the Texas Coastal Management Program (CMP) and must be consistent with the CMP goals and policies. The Commission will review the application as submitted by the applicant and may or may not grant the application as requested. The application was received on January 14, 2004. Additional information for the application was received on March 9, 2004. The application was accepted for filing and declared administratively complete on March 26, 2004. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice. For a complete version of this notice containing diversion points, diversion rates, and wastewater treatment plants, contact the Office of the Chief Clerk at the address given in the information section below, or telephone 512-239-3300.

APPLICATION NO. 14-5478D; The Lower Colorado River Authority (LCRA), P.O. Box 220, Austin, TX, 78767-0220, applicant, seeks an amendment pursuant to Texas Water Code (TWC) 11.122, 11.042, and 11.046 and Texas Commission on Environmental Quality Rules 30 TAC 295.1, et seq. The LCRA, applicant, owns Certificate of Adjudication No. 14-5478 which authorizes the owner to impound not to exceed 992,475 acre-feet of water in Lake Buchanan and to divert and use not to exceed 1,500,000 acre-feet of water per annum combined from Lake Buchanan and Lake Travis for municipal, industrial, agricultural (irrigation), mining, domestic, recreation, instream flows, bay/estuary, livestock, recharge, and hydroelectric power generation purposes. The owner is also authorized to use the bed and banks of the Colorado River below Lake Buchanan to convey water released from Lake Buchanan for use by the LCRA or its customers. The applicant seeks an amendment to Certificate of Adjudication No. 14-5478 to authorize the storage, diversion, use and reuse of: (a) all of the City of Austin's (the City or Austin) historical, current and future treated wastewater effluent derived from any source, excluding groundwater unless discharged without reservation, which the City now or in the future discharges into the Colorado River and its tributaries at any current or future discharge point; and (b) all of Austin's historical, current and future treated wastewater effluent derived from LCRA's water rights, including stored water out of the Highland Lakes, which is now or in the future discharged or returned to the Colorado River and its tributaries by LCRA's water customer, the City of Austin (including but not limited to Austin Energy or any other subdivision or department of the City of Austin), and to reuse such water for municipal, industrial, agricultural (irrigation), mining, domestic, recreation, instream flows, bay/estuary, livestock, and recharge purposes at various points along the Colorado River consistent with LCRA's Water Management Plan as it may be amended from time to time. The applicant also seeks to use the bed and banks of the Colorado River below Buchanan Dam to transport such water for subsequent storage, diversion, use and reuse as described above and has determined the channel losses to be negligible. Pursuant to TAC 297.45 and TWC 11.122 granting an application for an amendment to a water right shall not cause an adverse impact to an existing water right. The Commission will review the application as submitted by the applicant and may or may not grant the application as requested. The application was received on November 12, 2002, and additional information and fees were received on March 3, 2003. The application was accepted for filing and declared administratively complete on March 10, 2003. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, by June 3, 2004. For a complete version of this notice containing the requested reservoirs for storage, the requested diversion points, or the 5-year average amounts of treated wastewater effluent or return flows discharged by the City of Austin to the Colorado River, contact the Office of the Chief Clerk at the address given in the information section below, or telephone 512-239-3300.

APPLICATION NO. 14-5482D; The Lower Colorado River Authority (LCRA), P.O. Box 220, Austin, TX, 78767-0220, applicant, seeks an amendment pursuant to Texas Water Code (TWC) 11.122, 11.042, and 11.046 and Texas Commission on Environmental Quality Rules 30 TAC 295.1, et seq. The LCRA, applicant, owns Certificate of Adjudication No. 14-5482 which authorizes the owner to impound not to exceed 1,170,752 acre-feet of water in Lake Travis and to divert and use not to exceed 1,500,000 acre-feet of water per annum combined from Lake Buchanan and Lake Travis for municipal, industrial, agricultural (irrigation), mining, domestic, recreation, instream flows, bay/estuary, livestock, recharge, and hydroelectric power generation purposes. The owner is also authorized to use the bed and banks of the Colorado River below Lake Travis to convey water released from Lake Travis for use by LCRA or its customers. The applicant seeks an amendment to Certificate of Adjudication No. 14-5482 to authorize the storage, diversion, use and reuse of: (a) all of the City of Austin's (the City or Austin) historical, current and future treated wastewater effluent derived from any source, excluding groundwater unless discharged without reservation, which the City now or in the future discharges into the Colorado River and its tributaries at any current or future discharge point; and (b) all of Austin's historical, current and future treated wastewater effluent derived from LCRA's water rights, including stored water out of the Highland Lakes, which is now or in the future discharged or returned to the Colorado River and its tributaries by LCRA's water customer, the City of Austin (including but not limited to Austin Energy or any other subdivision or department of the City of Austin), and to reuse such water for municipal, industrial, agricultural (irrigation), mining, domestic, recreation, instream flows, bay/estuary, livestock, and recharge purposes at various points along the Colorado River consistent with LCRA's Water Management Plan as it may be amended from time to time. The applicant also seeks to use the bed and banks of the Colorado River below Buchanan Dam to transport such water for subsequent storage, diversion, use and reuse as described above and has determined the channel losses to be negligible. Pursuant to TAC 297.45 and TWC 11.122 granting an application for an amendment to a water right shall not cause an adverse impact to an existing water right. The Commission will review the application as submitted by the applicant and may or may not grant the application as requested. The application was received on November 12, 2002, and additional information and fees were received on March 3, 2003. The application was accepted for filing and declared administratively complete on March 10, 2003. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, by June 3, 2004. For a complete version of this notice containing the requested reservoirs for storage, the requested diversion points, or the 5-year average amounts of treated wastewater effluent or return flows discharged by the City of Austin to the Colorado River, contact the Office of the Chief Clerk at the address given in the information section below, or telephone 512-239-3300.

Information Section

A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in an application.

The Executive Director can consider approval of an application unless a written request for a contested case hearing is filed. 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) applicant's name and permit number; (3) the statement "[I/we] request a contested case hearing;" and (4) a brief and specific description of how you would be affected by the application in a way not common to the general public. You may also submit any proposed conditions to the requested application which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the TCEQ Office of the Chief Clerk at the address provided in the information section below.

If a hearing request is filed, the Executive Director will not issue the requested permit and may forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.

Written hearing requests, public comments or requests for a public meeting 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, at 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-200403026

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: May 5, 2004


Proposal for Decision

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on May 4, 2004, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Willis C. Aldridge; SOAH Docket No. 582-04-2325; TCEQ Docket No. 2002-0692-LII-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Willis C. Aldridge on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Paul Munguia, Office of the Chief Clerk, (512) 239- 3300.

TRD-200403028

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: May 5, 2004


Texas Department of Housing and Community Affairs

Request for Proposals from Asset Managers to Provide Asset Oversight Services

SUMMARY: The Texas Department of Housing and Community Affairs (the "Department" or "TDHCA") hereby requests proposals from qualified firms to provide asset oversight services to various multifamily rental properties in Texas.

DEADLINE FOR SUBMISSION: The deadline for submission in response to the Request for Proposals is 5:00 p.m. Central Standard Time, July 30, 2004. No proposal received the after deadline will be considered.

The complete Request For Proposals (the "RFP") is available on the Department’s web site at www.tdhca.state.tx.us. Questions or requests for a printed copy of the RFP may be directed to Stephen Apple, Real Estate Analysis Division of TDHCA, at (512) 475-3357, 507 Sabine, Suite 800, P. O. Box 13941, Austin, Texas 78711-3941, or by email: stephen.apple@tdhca.state.tx.us.

TRD-200403065

Edwina Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: May 5, 2004


Texas Department of Insurance

Company Licensing

Application to change the name of GERLING GLOBAL LIFE INSURANCE COMPANY to REVIOS REINSURANCE CANADA LTD. an alien life, accident and/or health company. The home office is in Toronto, Ontario.

Application to change the name of CIGNA LIFE INSURANCE COMPANY to PRUDENTIAL RETIREMENT INSURANCE AND ANNUITY COMPANY a foreign life, accident and/or health company. The home office is in Hartford, Connecticut.

Application to change the name of THE GRAY CASUALTY COMPANY to THE GRAY CASUALTY & SURETY COMPANY a foreign fire and/or Casualty Company. The home office is in Metairie, Louisiana.

Application for a new organization applying for a certificate of authority in the State of Texas by U.S. AEROSPACE INSURANCE COMPANY, a domestic fire and/or casualty company. The home office is in Addison, Texas.

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

TRD-200403067

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: May 5, 2004


Texas Lottery Commission

Instant Game Number 465 "Lady Bucks"

1.0 Name and Style of Game.

A. The name of Instant Game No. 465 is "LADY BUCKS". The play style is "match 3 with autowin".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 465 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 465.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: $1.00, $2.00, $4.00, $5.00, $10.00, $15.00, $20.00, $40.00, $50.00, $100, $500, $4,000, SUN SYMBOL, FROG SYMBOL, FLOWER SYMBOL, LIZARD SYMBOL, BUTTERFLY SYMBOL, LADYBUG SYMBOL.

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. 465 - 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. 465 - 1.2E

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

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

G. Low-Tier Prize - A prize of $1.00, $2.00, $4.00, $5.00, $10.00, $15.00, $20.00.

H. Mid-Tier Prize - A prize of $40.00, $50.00, $100, $500.

I. High-Tier Prize - A prize of $4,000.

J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (465), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be: 465-0000001-000.

L. Pack - A pack of "LADY BUCKS" Instant Game tickets contains 250 tickets, packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 000 to 004 will be on the top page; tickets 005 to 009 on the next page; etc; and tickets 245 to 249 will be on the last page. Ticket 000 will be folded over to expose the front of ticket 000 and 009.

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 "LADY BUCKS" Instant Game No. 465 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 "LADY BUCKS" Instant Game is determined once the latex on the ticket is scratched off to expose seven (7) Play Symbols. Get three like amounts, win that amount. Find a ladybug symbol in the QUICK $10 SPOT, win $10 instantly. 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 seven (7) Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly seven (7) 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 seven (7) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the seven (7) 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.The ladybug play symbol will only appear as dictated by the prize structure.

C. No four or more like amounts.

D. No three pair on a ticket.

2.3 Procedure for Claiming Prizes.

A. To claim a "LADY BUCKS" Instant Game prize of $1.00, $2.00, $4.00, $5.00, $10.00, $15.00, $20.00, $40.00, $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 $40.00, $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 2.3.C of these Game Procedures.

B. To claim a "LADY BUCKS" Instant Game prize of $4,000, 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 "LADY BUCKS" 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 "LADY BUCKS" 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 "LADY BUCKS" 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 Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 12,000,000 tickets in the Instant Game No. 465. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 465 - 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 465 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 465, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200402913

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: April 30, 2004


Instant Game Number 484 "Deluxe 7-11-21"

1.0 Name and Style of Game.

A. The name of Instant Game No. 484 is "DELUXE 7-11-21". The play style is "add up".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 484 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 484.

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, $1.00, $2.00, $4.00, $5.00, $10.00 $20.00, $50.00, $100, $300, $1,000, $21,000.

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. 484 - 1.2D

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

Figure 2: GAME NO. 484 - 1.2E

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

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

G. Low-Tier Prize - A prize of $2.00, $4.00, $6.00, $10.00, $20.00.

H. Mid-Tier Prize - A prize of $50.00, $100 or $300.

I. High-Tier Prize - A prize of $1,000 or $21,000.

J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (484), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be: 484-0000001-000.

L. Pack - A pack of "DELUXE 7-11-21" Instant Game tickets contains 250 tickets, packed in plastic shrink-wrapping and fanfolded in pages of two (2). Tickets 000 and 001 will be on the top page; tickets 002 and 003 on the next page; etc.; and tickets 248 and 249 will be on the last page. Please note the books will be in a A - B configuration.

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 "DELUXE 7-11-21" Instant Game No. 484 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 "DELUXE 7-11-21" Instant Game is determined once the latex on the ticket is scratched off to expose 24 (twenty-four) Play Symbols. Add all 3 numbers for each game. If total is 7, 11 or 21 in a single game, win prize shown for that game. 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 24 (twenty-four) 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 24 (twenty-four) 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 24 (twenty-four) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 24 (twenty-four) 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. Play symbols will be approximately evenly distributed among their possible locations.

C. Prize symbols will be approximately evenly distributed among their possible locations.

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

E. No duplicate non-winning games in any order on a ticket.

2.3 Procedure for Claiming Prizes.

A. To claim a "DELUXE 7-11-21" Instant Game prize of $2.00, $4.00, $6.00, $10.00, $20.00, $50.00, $100 or $300, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00, $100 or $300 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "DELUXE 7-11-21" Instant Game prize of $1,000 or $21,000, 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 "DELUXE 7-11-21" 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 "DELUXE 7-11-21" 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 "DELUXE 7-11-21" 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 Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 10,080,000 tickets in the Instant Game No. 484. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 484 - 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 484 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 484, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200403004

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: May 4, 2004


Panhandle Regional Planning Commission

Invitation for Bid

The Panhandle Regional Planning Commission (PRPC) is soliciting bids for a contract to rent/lease three digital copiers according to the following specifications:

Electronic document handler, stackless auto duplexing, 3850+ sheet capacity, multi-position staple finisher with hole punch, network print control and network scanning, rental contract with 30-day cancellation clause, quantity (2) 47-50 copies per minute; quantity (1) 55+ copies per minute.

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

Bids must be submitted to the Panhandle Regional Planning Commission no later than 5:00 p.m., May 21, 2004. Bids received after the indicated date and time will not be accepted or considered for award. PRPC reserves the right to reject any and all bids, to waive any irregularities in any bids or in the bidding process, and may accept the bid or bids deemed to be in its best interest.

TRD-200403066

Leslie Hardin

Facilities Coordinator

Panhandle Regional Planning Commission

Filed: May 5, 2004


Public Utility Commission of Texas

Amended 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 April 27, 2004, for waiver of denial by the North American Numbering Plan Administrator (NANPA) Pooling Administrator (PA) of Verizon Wireless' request for additional telephone numbers in the Laredo rate center.

Docket Title and Number: Petition of Verizon Wireless for Review of Pooling Administrator's Denial of Application for Numbering Resources. Docket Number 29628.

The Application: Verizon Wireless requested the commission review and reverse the NANPA or Neustar denial of its request for additional telephone numbers in the Laredo 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 May 28, 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 29628.

TRD-200403009

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 4, 2004


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

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on April 1, 2004, for a certificate of convenience and necessity in Montgomery County, Texas.

Docket Style and Number: Application of Entergy Gulf States, Inc. (EGSI) for a Certificate of Convenience and Necessity (CCN) for a Transmission Line in Montgomery County, Texas. Docket Number 29420.

The Application: The proposed project will be in southeastern Montgomery County and connects the proposed Johnstown Substation, which is located on the north side of State Highway (SH) 242 approximately 0.2 mile west of the intersection of SH 242 and Farm-to-Market Road (FM) 1485, with the proposed Porter Substation, situated on Entergy property approximately four miles to the southwest. The project is designated the Johnstown Porter Transmission Line. The miles of right-of-way for this project will be approximately 4.9 miles. The estimated cost for the project is approximately $8.4 million.

On or before May 17, 2004, persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 29420.

TRD-200403016

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 4, 2004


Notice of Application for Amendment to Certificate of Operating Authority

On April 29, 2004, MCImetro Access Transmission Services LLC filed an application with the Public Utility Commission of Texas (commission) to amend its certificate of operating authority (COA) granted in COA Certificate Number 50004. Applicant intends to expand its geographic area to include the areas served by Sugar Land Telephone Company and TXU Communications Telephone Company.

The Application: Application of MCImetro Access Transmission Services LLC for an Amendment to its Certificate of Operating Authority, Docket Number 29643.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than May 19, 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 29643.

TRD-200403011

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 4, 2004


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

On April 26, 2004, Pacific Centrex Services, Incorporated filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60433. Applicant intends to remove the resale-only restriction.

The Application: Application of Pacific Centrex Services, Incorporated for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 29621.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than May 19, 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 29621.

TRD-200402915

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 30, 2004


Notice of Application for Declaratory Order

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application filed on February 11, 2004, for a declaratory order.

Docket Style and Number: Petition of Cielo Wind Power, LLC, et al., for Declaratory Order to Modify Renewable Energy Credit Capacity Conversion Factor Calculation for 2004 and 2005. Docket Number 29324.

The Application: Cielo Wind Power, LLC, et al., petitioned the commission to modify the Capacity Conversion Factor (CCF) promulgated by the Electric Reliability Council of Texas (ERCOT) for 2004 and 2005. ERCOT has determined that the CCF should be reduced from 35% to 27%. Petitioners asked the commission to set the renewable energy credit CCF at 35% and requested interim relief. Petitions stated that ERCOT calculated the revised CCF using data that was distorted and does not represent the valid operating characteristics of the wind plants.

Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas by mail at P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 29324.

TRD-200402914

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 30, 2004


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

On April 29, 2004, Metropolitan Fiber Systems of Houston, Inc. filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60006. Applicant intends to relinquish its certificate.

The Application: Application of Metropolitan Fiber Systems of Houston, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 29638.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than May 19, 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 29638.

TRD-200403010

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 4, 2004


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

On April 29, 2004, MCI WorldCom Communications, Inc. filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60133. Applicant intends to relinquish its certificate.

The Application: Application of MCI WorldCom Communications, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 29640.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than May 19, 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 29640.

TRD-200403012

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 4, 2004


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

On April 29, 2004, Metropolitan Fiber Systems of Dallas, Inc. filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60005. Applicant intends to relinquish its certificate.

The Application: Application of Metropolitan Fiber Systems of Dallas, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 29641.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than May 19, 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 29641.

TRD-200403013

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 4, 2004


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

On April 29, 2004, Brooks Fiber Communications of Texas, Inc. filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60062. Applicant intends to relinquish its certificate.

The Application: Application of Brooks Fiber Communications of Texas, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 29642.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than May 19, 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 29642.

TRD-200403014

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 4, 2004


Notice of Application to Amend Certificated Service Area Boundaries

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application filed on April 30, 2004, for an amendment to certificated service area boundaries within Cameron County, Texas.

Docket Style and Number: Application of the Brownsville Public Utilities Board (BPUB) to Amend a Certificate of Convenience and Necessity for Service Area Boundaries within Cameron County (Cross Country Estates II). Docket Number 29649.

The Application: The application encompasses an area of land which is singly certificated to American Electric Power Company (AEP), formerly known as Central Power & Light (CP&L), and is within the corporate limits of the City of Brownsville (City). BPUB received a letter request to provide electric utility service to a 286 acre subdivision called Cross Estates located north of Dennett Road and West of Paredes Line Road. There are no electric distribution facilities within the proposed area. The estimated cost to BPUB to provide service to this proposed area is $61,651.56.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas no later than May 25, 2004, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 29649.

TRD-200403015

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 4, 2004


Notice of Filing to Make Minor Rate Change Pursuant to P.U.C. Substantive Rule §26.171

Notice is given to the public of an application filed by Community Telephone Company Incorporated (Community) with the Public Utility Commission of Texas (commission) on April 23, 2004, to make a tariff rate change.

Docket Title and Number: Application of Community Telephone Company, Incorporated for Approval of a Minor Rate Change Pursuant to P.U.C. Substantive Rule §26.171. Tariff Control Number 29620.

The Application: Community Telephone Company, Incorporated (Community or Company) has filed a statement of intent with the commission to introduce a New Install Trip Charge of $25.00, which will apply when the company provides new service installations, and a Service Trip Charge of $35.00 for customer service calls where the company must travel to the customer's premises to move or change primary service or rearrange wire or other facilities at the customer's request. These charges shall be respectfully imposed on all classes of customers in instances where the company must travel to the customer's premises to comply with one of the aforementioned requests for service. In the past, the company has charged customers applicable labor rates in association with such requests. The company's labor rates are $20.00 for the first hour and $5.00 for each additional quarter hour. The application of labor rates has resulted in variances of customer charges for similar requests for service; therefore, the company wishes to introduce the aforementioned trip charges to standardize the customer charges into two flat-rate service charge elements.

Additionally, the company is proposing to decrease the service charges associated with requests for the installation of custom calling features from $18.25 to $5.00 per order.

The proposed effective date for implementing the service charge changes is July 27, 2004. The proposed service charge changes are estimated to cause a net loss to Community's total regulated intrastate gross annual revenues of $1,230.00.

Customers have a right to petition the commission for a review of this application. If the commission receives a complaint(s) relating to these proposals signed by 5% or more of the company's customers to which these proposals apply, by June 28, 2004, the application will be docketed. The 5% limitation will be calculated based upon the total number of customers of record as of the calendar month preceding the commission's receipt of the complaint(s). As of April 1, 2004, the 5% limitation equals 92 customers. A request to intervene, participate, or for further information should be mailed to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas, 78711-3326 or you may call the commission's Consumer Hotline at (888) 782-8477. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the commission at 1-800-735-2988.

For a copy of the proposed tariffs or for further information regarding this application, customers should contact Community Telephone Company, Incorporated. at Highway 25, Windthorst, Texas 76389 or call (940) 423-6201 during regular business hours.

TRD-200403020

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 4, 2004


Notice of Petition for Expanded Local Calling Service

Notice is given to the public of the filing with the Public Utility Commission of Texas of a petition on March 24, 2004, for expanded local calling service (ELCS), pursuant to Chapter 55, Subchapter C of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Project Title and Number: Petition of the Woodrow Exchange for Expanded Local Calling Service, Project Number 29508.

The petitioners in the Woodrow exchange request ELCS to the exchanges of Brownfield, Levelland, Slaton, Shallowater, and Wolfforth.

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 May 28, 2004. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2789. All comments should reference Project Number 29508.

TRD-200403017

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 4, 2004


Sam Houston State University

Notice of Award for Comprehensive Campaign Feasibility Study

In compliance with the provisions of Texas Government Code, Chapter 2254, section 2254.030, Sam Houston State University in Huntsville, Texas awards the contract to Cargill Associates, Inc.; a Texas Corporation having its principal place of business at 4701 Altamesa Boulevard, Fort Worth, Texas.

The consultant firm will conduct a pre-campaign survey by personal interviews with representative leaders of faculty, staff, alumni and friends to determine the feasibility of a comprehensive capital campaign for the University. Electronic screening of a maximum of 15,000 donors will also be used to help prioritize potential donors for cultivation.

The cost for services, including travel expenses, for interviews within a 100 mile radius of Huntsville, Texas are $28,000.00. Electronic donor screening services are $3,400.00. Printing and postage related to the case for support and mail services will be the responsibility of the University. The beginning date of service is May 1, 2004, ending November 1, 2004. Documents and all reports to Sam Houston State University are expected by November 1, 2004, or earlier.

TRD-200403006

James F. Gaertner

President

Sam Houston State University

Filed: May 4, 2004


Stephen F. Austin State University

Notice of Consultant Contract Award

In compliance with the provisions of Chapter 2254, Subchapter B, Texas Government Code, Stephen F. Austin State University furnishes this notice of consultant contract award. The consultant will undertake marketing activities for the University. The Notice of Availability was filed in the February 20, 2004, issue of the Texas Register (29 TexReg 1475-1736).

The contract was awarded to Stamats, Inc., 615 Fifth Street SE, Cedar Rapids, IA 52401, for an amount not to exceed $125,000.

The beginning date of the contract is March 8, 2004, and the ending date will occur when the marketing projects are completed.

No documents, films, recording, or reports of intangible results will be required to be presented by the outside consultant.

For further information, please call (936) 468-4305.

TRD-200403008

R. Yvette Clark

General Counsel

Stephen F. Austin State University

Filed: May 4, 2004


Notice of Outside Counsel Contract Award

Stephen F. Austin State University furnishes this notice of outside counsel contract award pursuant to a Request for Proposals published according to procedures promulgated by the Office of the Attorney General. Outside counsel will represent the University concerning a NCAA matter. The Request for Proposals was filed in the February 20, 2004, issue of the Texas Register (29 TexReg 1475-1736).

The contract was awarded to Bond, Schoeneck & King, PLLC, 7800 College Boulevard, Overland Park, KS 66210-4035, for a total value not to exceed $60,000.00. The contract period begins on February 27, 2004, and terminates on August 31, 2005.

No documents, films, recording, or reports of intangible results will be required to be presented by the outside counsel. Services are provided on an as-needed basis. This outside counsel contract has been approved by the Attorney General.

For further information, please call (936) 468-4305.

TRD-200403023

R. Yvette Clark

General Counsel

Stephen F. Austin State University

Filed: May 5, 2004


Texas Department of Transportation

Request for Proposal for Aviation Engineering Services

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

Airport Sponsor: City of Ennis, Ennis Municipal Airport. TxDOT CSJ No.:0418ENNIS Scope: Provide engineering/design services to rehabilitate and mark Runway 15-33; Rehabilitate and mark parallel and cross taxiways; rehabilitate and mark hangar access taxiways; rehabilitate and mark apron; install precision approach path indicator-2 Runway 15 & 33; install runway end identifier lights Runway 15 & 33; replace rotating beacon and tower; displace threshold runway 33 and install culverts and regrade RSA runway 33.

The DBE goal is set at 4%. TxDOT Project Manager is Alan Schmidt, P.E.

To assist in your proposal preparation, the most recent Airport Layout Plan, 5010 drawing, and project narrative are available online by selecting "Ennis Municipal Airport" at:

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

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

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

(Attention: To ensure utilization of the latest version of Form 550, firms are encouraged to download Form 550 from the TxDOT website. Utilization of Form 550 from a previous download may not be the exact same format. Form 550 is an MS Word Template.)

The form may not be altered in any way. All printing must be in black on white paper, except for the optional illustration page. Firms must carefully follow the instructions provided on each page of the form. Proposals may not exceed the number of pages in the proposal format. The proposal format consists of seven pages of data plus two optional pages consisting of an illustration page and a proposal summary page. Proposals shall be stapled but not bound in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.

Four completed, unfolded copies of Form AVN 550 must be postmarked by U. S. Mail by midnight Friday, June 4, 2004. (CDST). Mailing address: TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701. Overnight delivery must be received by 4:00 p.m. (CDST) on Monday, June 7, 2004; overnight address: TxDOT, Aviation Division, 200 E. Riverside Drive, Austin, Texas, 78704. Hand delivery must be received by 4:00 p.m. Monday, June 7, 2004 (CDST); hand delivery address: 150 E. Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704. Electronic facsimiles or forms sent by email will not be accepted. Please mark the envelope containing the forms to the attention of Amy Deason.

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

The final selection by the sponsor's committee will generally be made following the completion of review of proposals. The committee will review all proposals and rate and rank each. The criteria for evaluating engineering proposals can be found at:

www.dot.state.tx.us/business/avnconsultinfo.htm

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

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

TRD-200403003

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: May 4, 2004


Texas Workers' Compensation Commission

Invitation to Apply to the Medical Advisory Committee (MAC)

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

Primary

* Dentist

* Employer

* General Public 1

Alternate

* Public Health Care Facility Representative

* Dentist

* Pharmacist

* Employer

* General Public 1

* Insurance Carrier

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

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

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

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

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

LEGAL AUTHORITY.

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

PURPOSE AND ROLE.

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

COMPOSITION.

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

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

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

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

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

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

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

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

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

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

RESPONSIBILITY OF MAC MEMBERS.

Primary Members. Make recommendations on medical issues as required by the Medical Review Division.

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

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

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

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

Maintain knowledge of MAC proceedings.

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

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

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

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

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

a. Preparation of a suitable agenda.

b. Planning MAC activities.

c. Establishing meeting dates and calling meetings.

d. Establishing subcommittees.

e. Recommending MAC members to serve on subcommittees.

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

COMMITTEE SUPPORT STAFF.

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

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

Preparing agenda and support materials for each meeting.

Preparing and distributing information and materials for MAC use.

Maintaining MAC records.

Preparing minutes of meetings.

Arranging meetings and meeting sites.

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

Maintaining attendance records.

SUBCOMMITTEES.

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

WORK GROUPS.

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

WORK PRODUCT.

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

MEETINGS.

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

CONDUCT AS A MAC MEMBER.

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

Comportment Requirements for MAC Members:

Learn their duties and perform them in a responsible manner;

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

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

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

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

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

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

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

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

TRD-200403007

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: May 4, 2004