Department of Aging and Disability Services
Open Solicitation #2 for Donley County
Pursuant to Title 2, Chapters 22 and 32, of the Human Resources Code and
40 Texas Administrative Code (TAC) §19.2324(c), secondary selection process,
the Department of Aging and Disability Services (DADS) is announcing an open
solicitation period of 30 days, effective the date of this public notice,
for
Donley County, County #065
. Medicaid nursing
facility occupancy rates in
Donley County
exceeded
the 90% occupancy threshold for six consecutive months during the period of
TRD-200503080
Phoebe Knauer
General Counsel
Department of Aging and Disability Services
Filed: July 27, 2005
Request for Proposals: GO TEXAN Partner Program
Pursuant to the Texas Agriculture Code, §§46.001-46.013, relating
to the GO TEXAN Partner Program, and 4 Texas Administrative Code §§17.300-17.310,
the Texas Department of Agriculture (the department) hereby requests proposals
for GO TEXAN Partner Program projects for the period of September 1, 2005
through August 31, 2007. The GO TEXAN Partner Program (GOTEPP) is a dollar-per-dollar
matching fund promotion program designed to increase consumer awareness of
Texas agricultural products and expand the markets for Texas agricultural
products by developing a general promotional campaign for Texas agricultural
products and advertising campaigns for specific Texas agricultural products
based on project requests submitted by successful applicants. GOTEPP and project
proposal application information can be obtained by utilizing the department's
web site: www.GOTEXAN.org, or by contacting the Funding Coordinator for Marketing
and Promotion at 512-463-7731 or 512-463-8382.
Eligibility
.
An eligible applicant must be a state or regional organization or board that
promotes the marketing and sale of Texas agricultural products and does not
stand to profit directly from specific sales of agricultural commodities,
a cooperative organization, as defined by 4 Texas Administrative Code §17.301,
a state agency or board that promotes the marketing and sale of Texas agricultural
products, a small business, as defined by 4 Texas Administrative Code §17.301,
or any other entity that promotes the marketing and sale of Texas agricultural
products. For purposes of this section, the department has the sole discretion
to determine whether an entity meets program eligibility requirements.
Proposal Requirements
.
To be eligible for participation in the program through the use of matching
funds under this program, an applicant must be a member of the GO TEXAN promotional
marketing membership program in good standing, be an eligible applicant under
GOTEPP rules, prepare and submit a project request in accordance with GOTEPP
rules, submit a sworn affidavit certifying that applicant is not currently
delinquent in the payment of any franchise taxes owed the State of Texas,
submit a sworn affidavit disclosing any existing or potential conflict of
interest relative to the evaluation of the project plan by the GOTEPP Advisory
Board, and submit to the department cash matching funds as specified in the
project request and in accordance with the GOTEPP rules and guidelines.
Each project request submitted by an eligible applicant must describe the
advertising or other market-oriented promotional activities to be carried
out using matching funds and must include a cover page including the name,
title, and address of applicant; a table of contents; an abstract of approximately
200 words or less, on one page, including the title, if any, a brief description
of the project, project plan and methodology, and expected contribution to
further or enhance the GO TEXAN Program; a detailed specific narrative or
factual description of the project; anticipated benefits to a specific region
of the state and to specific commodities; any preliminary market research
and sales percent increases to be achieved as a result of the project; a biography
of the applicant; a description of the business entity; a detailed project
budget including specific dollar amounts for all potential costs; and a description
of how anticipated sales increases due to implementation of the projects will
be quantified and reported to the department on a form provided by the department.
Please send one original for initial review by the Funding Coordinator and
then follow up with 10 additional copies, when requested by the Funding Coordinator,
that will be distributed to the GOTEPP Advisory Board.
All approved projects must be completed by July 31, 2007, or the date specified
in the project contract, whichever is earlier. All approved projects will
be subject to audit and periodic reporting requirements.
Proposals should be submitted to: Debbie Wall, Funding Coordinator for
Marketing and Promotion, Texas Department of Agriculture, 1700 North Congress
Avenue, 11th Floor, Austin, Texas 78701. Ms. Wall may be contacted by telephone
at (512) 463- 7731 or by fax at 1-888-223-5717 for additional information
about preparing the proposal. Proposals will be accepted by the department
on a continuous basis until all available funds are depleted.
All qualifying proposals will be evaluated by the GO TEXAN Partner Program
Advisory Board appointed by the Commissioner of Agriculture. This panel consists
of representatives from the following: the Texas Department of Agriculture,
radio media, print media, television media, advertising, higher education,
United States Department of Agriculture Commodity Credit Corporation (non-voting),
Internet website or electronic commerce industry, the field of economic analysis,
an agriculture producer representative and a consumer representative. Proposals
will be selected for funding on a competitive basis. Preference will be given
to project requests that are unique in nature and avoid duplication with other
project requests that are being funded by the department. Only project requests
that further or enhance the department's GO TEXAN Program and are submitted
by applicants who are physically located in Texas or who have their principal
place of business in Texas will be funded. The announcement of the grant awards
will be made at GOTEPP Advisory Board meetings held at least once quarterly.
TRD-200503077
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Filed: July 26, 2005
Request for Proposals
The Texas Building and Procurement Commission (TBPC), on behalf of the
Office of Attorney General, announces the issuance of Request for Proposal
(RFP) #303-5-11291. TBPC seeks a ten year lease of approximately 7,733 square
feet of office space in Fort Worth, Tarrant County, Texas. Lease space must
be located within one of the following zip codes: 76102, 76106, 76107, 76111,
76114 or 76127.
The deadline for questions is August 12, 2005 and the deadline for proposals
is August 17, 2005 at 3:00 P.M. The award date is September 1, 2005. TBPC
reserves the right to accept or reject any or all proposals submitted. TBPC
is under no legal or other obligation to execute a lease on the basis of this
notice or the distribution of a RFP. Neither this notice nor the RFP commits
TBPC to pay for any costs incurred prior to the award of a grant.
Parties interested in submitting a proposal may obtain information by contacting
TBPC Purchaser Kenneth Ming at (512) 463-2743. A copy of the revised RFP may
be downloaded from the Electronic State Business Daily at http://esbd.tbpc.state.tx.us/1380/bid_show.cfm?bidid=60353.
TRD-200503073
Kenneth Ming
Purchaser
Texas Building and Procurement Commission
Filed: July 26, 2005
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. Requests for federal consistency review were deemed administratively
complete for the following project(s) during the period of July 15, 2005,
through July 21, 2005. 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.
The notice was published on the web site on July 27, 2005. The public comment
period for these projects will close at 5:00 p.m. on August 26, 2005.
FEDERAL AGENCY ACTIONS:
Applicant: St. Mary Land & Exploration
;
Location: The project is located in Galveston Bay, State Tract (ST) 345, approximately
3.4 miles northerly from Galveston, Galveston County, Texas. The project can
be located on the U.S.G.S. quadrangle map entitled: Port Bolivar, Texas. Approximate
UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 323605; Northing: 3254559.
Project Description: The applicant proposes to install, operate and maintain
structures and equipment necessary for oil and gas drilling, production, and
transportation activities in ST 345. Such activities include installation
of typical marine barges and keyways; a shell and gravel pad associated with
the Holly Prospect, production structures with attendant facilities, and flowlines.
Approximately 4,548 cubic yards of material would be placed in approximately
0.5 acre of bay bottom for a shell pad. CCC Project No.: 05-0377-F1; Type
of Application: U.S.A.C.E. permit application #23862 is being evaluated under §10
of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404
of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review
for this project may be conducted by the Texas Railroad Commission under §401
of the Clean Water Act.
Applicant: Falcon Bay Energy, L.L.C.
; Location:
The project site is located in State Tract (ST) No. 58, in Trinity Bay, southwest
of Oak Island, offshore Chambers County, Texas. The project can be located
on the U.S.G.S. quadrangle map entitled: Oak Island, Texas. Approximate UTM
Coordinates in NAD 27 (meters): Zone 15; Easting: 330620; Northing: 3278678.
Project Description: The applicant proposes to install, operate, and maintain
structures and equipment necessary for oil and gas drilling, and production
of the East Umbrella Prospect well, in ST 58. Such activities include installation
of typical marine barges and keyways, shell and gravel pads, and production
structures with attendant facilities. Approximately 4,548 cubic yards of shell
will be required to construct a 235-foot-long by 95-foot-wide drill pad. Water
depth at the project site is approximately -9 feet. No wetlands or vegetated
shallows will be impacted as a result of the proposed activity. CCC Project
No.: 05-0381-F1; Type of Application: U.S.A.C.E. permit application #23836
is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33
U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344).
Note: The consistency review for this project may be conducted by the Texas
Railroad Commission under §401 of the Clean Water Act.
Applicant: Tempest Energy Resources
; Location:
The project is located approximately 1.2 miles north of San Leon, in Galveston
Bay, State Tract (ST) 307, in Chambers County, Texas. The project can be located
on the U.S.G.S. quadrangle map entitled: Bacliff, Texas. Approximate UTM Coordinates
in NAD 27 (meters): Zone 15; Easting: 314742; Northing: 3266199. Project Description:
The applicant proposes to drill the ST 307 Well No. 1, and install, operate
and maintain structures and equipment necessary for oil and gas drilling,
production, and transportation activities. Such activities include installation
of typical marine barges and keyways, a shell and gravel pad, and production
structures with attendant facilities, and flowlines. The proposed site is
located in approximately 10 feet of water. Approximately 2,667 cubic yards
of shell/gravel would be required for the proposed pad (240 by 100 by 3 feet)
that may be laid prior to installing the marine barge rig. No dredging is
required for this project for access but it is unknown at this time whether
the proposed flowline (not sales line) between the well platform and production
platform would be trenched/jetted or installed along a catwalk. If trenching
or jetting were used during the flowline installation it would result in some
temporary displacement of bay bottom material. CCC Project No.: 05-0382-F1;
Type of Application: U.S.A.C.E. permit application #23850 is being evaluated
under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403)
and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency
review for this project may be conducted by the Texas Railroad Commission
under §401 of the Clean Water Act.
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972
(16 U.S.C.A. §§1451-1464), as amended, interested parties are invited
to submit comments on whether a proposed action is or is not consistent with
the Texas Coastal Management Program goals and policies and whether the action
should be referred to the Coastal Coordination Council for review.
Further information on the applications listed above may be obtained from
Ms. Tammy Brooks, Program Specialist, Coastal Coordination Council, P.O. Box
12873, Austin, Texas 78711-2873, or tammy.brooks@glo.state.tx.us. Comments
should be sent to Ms. Brooks at the above address or by fax at (512) 475-0680.
TRD-200503068
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: July 26, 2005
Notice of Request for Proposals
Pursuant to Chapter 403, Chapter 2305, §2305.038, and Chapter 2254,
Subchapter A, Texas Government Code, the Comptroller of Public Accounts (Comptroller),
State Energy Conservation Office (SECO) announces the issuance of its Request
for Proposals (RFP #172N) for energy engineering services from qualified independent
firms and qualified energy engineers, to provide energy engineering services
for the Schools and Local Government Program (Program). Successful Respondent(s)
will be asked to assist Comptroller in performing energy engineering services
and conducting other activities related to the Program. Successful Respondent(s)
will be expected to begin performance of any contract(s) resulting from this
RFP on or about September 5, 2005.
Contact: Parties interested in submitting a proposal should contact William
Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts,
111 East 17th Street, ROOM G-24, Austin, Texas 78774, telephone number: (512)
305-8673, to obtain a copy of the RFP. The RFP will be available for pick-up
at the above-referenced address on Friday, August 5, 2005, after 10:00 a.m.,
Central Zone Time (CZT), and during normal business hours thereafter. Comptroller
also plans to place the RFP on the Texas Marketplace after Friday, August
5, 2005, 10:00 a.m. (CZT). All written inquiries and Non-Mandatory Letters
of Intent must be received at the above-referenced address no later than 2:00
p.m. (CZT) on Friday, August 19, 2005. Non-Mandatory Letters of Intent must
be addressed to William Clay Harris, Assistant General Counsel, Contracts,
and must be signed by an authorized representative of each entity. All responses
to questions will be posted electronically on Monday, August 22, 2005, on
the Texas Marketplace at: http://esbd.tbpc.state.tx.us. Prospective respondents
are encouraged to fax the Letters of Intent and Questions to (512) 475-0973
to ensure timely receipt. Non-Mandatory Letters of Intent and Questions received
after the deadline will not be considered.
Closing Date: Proposals must be received in the Assistant General Counsel,
Contracts Office at the location specified above (ROOM G-24) no later than
2:00 p.m. (CZT), on Monday, August 29, 2005. Proposals received after this
time and proposals submitted by facsimile will not be considered; respondents
shall be solely responsible for verifying timely receipt of proposals and
all required copies in the Issuing Office by the deadline.
Evaluation and Award Procedure: All proposals will be subject to evaluation
by a committee based on the evaluation criteria and procedures set forth in
the RFP. Comptroller will make the final decision. Comptroller reserves the
right to accept or reject any or all proposals submitted. Comptroller is under
no legal obligation to execute any contracts on the basis of this notice or
the distribution of any RFP. Comptroller shall pay for no costs incurred by
any entity in responding to this Notice or the RFP.
The anticipated schedule of events is as follows:
Issuance of RFP--Friday, August 5, 2005, 10:00 a.m. CZT;
Non-Mandatory Letters of Intent and Questions Due--Friday, August 19, 2005,
2:00 p.m. CZT;
Posting of Official Responses to Questions--Monday, August 22, 2005;
Proposals Due--Monday, August 29, 2005, 2:00 p.m. CZT;
Contract Execution--September 5, 2005, or as soon thereafter as practical;
Commencement of Project Activities--September 5, 2005, or as soon thereafter
as practical.
TRD-200503086
Pamela Smith
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: July 27, 2005
Texas Government Code, §51.607 requires that the comptroller publish
a list of all court costs and fees imposed or changed during the most recent
regular session of the Legislature. This section also provides that notwithstanding
the effective date of the law imposing or changing the amount of a court cost
or fee, the change does not take effect until the next January 1 after the
law takes effect, unless the bill makes a specific exception. If the bill
takes effect prior to August 1 or after January 1, then the court cost or
fee takes effect upon the effective date of the bill.
The listing of court costs and fees to be identified and published as required
by §51.607 are as follows:
Senate Bill 6
Protective Services and Family Law Issues
Effective January 1, 2006. Senate Bill 6 amends Government Code, §51.961,
to require, rather then merely authorize, county commissioners court to adopt
a family protection fee and to increase the maximum fee from $15 to no more
than $30. It also requires the county clerk to pay one-half of the fees collected
to the comptroller for deposit in the child abuse and neglect prevention trust
fund account and one-half to the county’s family protection account.
Senate Bill 6 exempts political subdivisions from posting a bond or paying
the cost or fee in guardianship proceedings.
A person convicted of an offense regarding child sexual assault as identified
under Penal Code, §§21.11, 22.011(a)(2), 22.021(a)(1)(B), 43.25,
43.251 or 43.26, is required to pay $100 at the time of conviction. The clerks
of the respective courts shall collect the costs for deposit in a fund to
be known as the County Child Abuse Prevention Fund, which can only fund child
abuse prevention programs in the county where the court is located. The commissioners
court shall administer or direct the County Child Abuse Prevention Fund.
A person who applies for certification to provide guardianship services
must submit a nonrefundable application fee with the application in a reasonable
amount to be established by the Guardianship Certification Board and approved
by the Texas Supreme Court. A Department of Aging and Disability Services
employee who is applying for a certificate under this section to provide guardianship
services to a ward of the department is exempt from paying the application
fee.
Senate Bill 241
Creating an Appellate Judicial System
Effective January 1, 2006. Senate Bill 241 amends Government Code, Chapter
22, Subchapter C. To fund the appellate judicial system for the Third Court
of Appeals District, the commissioners courts within this district shall set
a court cost fee of $5 for each civil suit filed in county court, county court
at law, probate court or district court in the county.
Senate Bill 526
County Authority to Impose Records Archive Fee
Effective June 17, 2005. Senate Bill 526 gives county clerks authority
to designate which public documents they will archive, although the designation
is subject to the commissioners court’s approval. It also raises the
archiving fee to $25, with $22.50 designated for the county’s records
management and preservation fund and the remaining $2.50 designated for the
county clerk’s records management and preservation fund. Funds may only
be used for records management and preservation.
Senate Bill 1014
Records on Appeal
Effective May 9, 2005. Senate Bill 1014 amends Government Code, §30.00014,
subsections (b), (f), and (g), and Government Code, §101.181. A municipality
shall by ordinance establish a fee for preparing the clerk’s record
in the amount of $25. The fee does not include the fee for an actual transcription
of the proceedings. The clerk shall note the payment on the court docket.
If the case is reversed on appeal, the fee will be refunded to the defendant.
The clerk of the municipal court of record shall collect $25 from an appellant
for preparation of the clerk’s record (Government Code, §30.00014).
Senate Bill 1424
Filing Fees in Civil Matter in Justice Court
Effective January 1, 2006. Senate Bill 1424 adds the filing of a counterclaim
to the types of filings subject to fee for services under Local Government
Code, §118.121(1). A justice of the peace shall collect the fees for
services rendered to any person before judgment. The fees are $15 for services
rendered in justice court and $10 in small claims court. The plaintiff or
the party initiating the action or counterclaim pays the fee once for each
action or counterclaim.
Senate Bill 1426
Application for Expunction
Effective January 1, 2006. Senate Bill 1426 amends Code of Criminal Procedure,
Article 45.0216, subsection (i), Article 45.055, subsection (d); Health and
Safety Code, §161.255; and Government Code, §103.021 to require
courts to charge fees to individuals applying for expunction of offenses committed
by minors. A defendant or a party to a civil suit must pay a $30 fee per application
to defray the cost of notifying state agencies of expungement orders (Code
of Criminal Procedure, Article 45.0216 and 45.055; Alcoholic Beverage Code, §106.12;
and Health and Safety Code, §161.255). The law in effect when the application
was filed covers applications filed before the effective date of this Act.
Senate Bill 1524
Fees Charged for Vital Statistics Records
Effective January 1, 2006. Senate Bill 1524 allows county clerks to charge
the same fee charged by the Bureau of Vital Statistics for issuing a certified
copy of a birth or death certificate. A local registrar or county clerk charging
a fee that exceeds the fee set by the Bureau of Vital Statistics cannot raise
the fee until the Bureau’s fee exceeds the local registrar’s/county
clerk’s established fee. County clerks, as well as local registrars,
may charge an additional $1 for preserving vital statistics of birth, death,
fetal death, marriage, and divorce and annulment records.
Senate Bill 1704
Jury Service
Effective January 1, 2006. Senate Bill 1704 amends Government Code, Chapter
61 requiring that each grand or petit juror in a civil or criminal case in
a district court, criminal district court, county court, county court at law
or justice court is entitled to receive reimbursement for travel and other
expenses of no less than $6 for the first day or fraction of the first day
served as a juror and no less than $40 for each day or fraction of each day
served as a juror after the first day. The state shall reimburse a county
$34 a day for the reimbursement paid to a grand juror or petit juror under §61.001
for each day or fraction of each day served as a juror after the first day.
The commissioners court of a county entitled to reimbursement under this section
may file a claim for reimbursement with the comptroller, who shall pay claims
for reimbursement under this section quarterly. If sufficient funds are not
available to satisfy the claims for reimbursement filed by the counties, the
comptroller shall apportion the available money among the counties by reducing
the amount payable to each county on an equal percentage basis. If a payment
on a county’s claim for reimbursement is reduced, or if a county fails
to file the claim for reimbursement in a timely manner, the comptroller shall
pay the balance owed to the county when sufficient money is available or carry
forward the balance owed to the county and pay the balance to the county when
the next payment is required.
Senate Bill 1704 also amends Government Code, §102.021 and adds §102.0045
to require a person convicted of any offense, other than an offense relating
to a pedestrian or to parking a motor vehicle, shall pay, in addition to all
other costs, a $4 fee to reimburse counties for the cost of juror services
as provided by Government Code, §61.0015. The court’s clerk shall
remit the fees collected under this article to the comptroller for deposit
in the jury service fund created in the state treasury. If, at any time, the
unexpended balance of the jury service fund exceeds $10 million, the comptroller
shall transfer the amount in excess to the fair defense account.
House Bill 703
Deferral of Adjudication Involving Misdemeanor Traffic Cases
Effective January 1, 2006. House Bill 703 amends Code of Criminal Procedure,
Article 45.0511, subsection (c) and adds subsection (c-1). A judge may require
a defendant to pay $10 for a copy of a driving record when a defendant requests
a driving safety course or a motorcycle operator training course dismissal.
The $10 fee is in addition to any other fee required under this article. The
municipal or county treasurer must keep a record of the fees and forward the
fees to the comptroller, without deducting a service fee. The comptroller
shall credit the fees received to the Texas Department of Public Safety.
House Bill 950
Fees for Filing Papers with County Clerk
Effective January 1, 2006. House Bill 950 increases the filing fees for
personal or real property documents to $5 for the first page and $4 for each
additional page. The previous fee for filing personal property records was
$2. The previous fee for filing real property documents was $3 for the first
page and $2 for each additional page.
House Bill 1404
Probate Filings
Effective January 1, 2006. House Bill 1404 amends Local Government Code. §118.052,
and Government Code, §§101.081, 101.101, and 101.121 pertaining
to fees collected by a county for filings in pending probate actions. The
filing requires a fee of $25 if the document being filed is more than 25 pages
in length and is not listed under §118.052(2)(B), or is not listed under
Local Government Code, §191.007 and is filed after the filing of an order
approving the inventory and appraisal or after the 120th day of the initial
filing of the action, whichever occurs first.
House Bill 1418
Justice Court Technology and Assessing a Technology Fee
Effective January 1, 2006. House Bill 1418 amends Code of Criminal Procedure,
Articles 102.0173 (a) and (d), and Government Code, §102.101, and requires,
rather then merely authorizes, a commissioners court to establish a justice
court technology fund. A person convicted of a misdemeanor offense in justice
court shall pay a $4 justice court technology fee to be deposited into this
fund.
House Bill 1575
Juvenile Delinquency
Effective January 1, 2006. House Bill 1575 creates a new local court cost
for the Juvenile Case Manager Fund of up to $5.
House Bill 1751
Restitution by Criminal Defendants
Effective January 1, 2006. House Bill 1751 provides that a court can require
a defendant to pay a one-time restitution fee of $12 if the defendant is making
installment payments. The court shall retain $6 for the costs incurred in
collecting specified installments and pay the remaining $6 to the compensation
to victims of crime fund.
House Bill 1934
Security Fees in Justice Courts
Effective January 1, 2006. House Bill 1934 amends Code of Criminal Procedure,
Article 102.017 (b), (d) and (e) to require a defendant convicted of a misdemeanor
offense in a justice court to pay a $4 security fee as a cost of court, increasing
the cost by $1.
House Bill 2026
Recovering Wildlife Enforcement Costs
Effective June 18, 2005. This bill pertains to recovering law enforcement
costs and the taking and possession of wildlife or eggs. A person convicted
of an offense shall pay the actual cost of any storage, care, feeding or processing
necessary for an unlawfully taken, shipped or possessed game bird, fowl, animal,
game fish or exotic animal. A person convicted of an offense may be required
to pay the actual cost as a result of the investigation, reasonable attorney’s
fees and reasonable expert witness fees in a civil or criminal suit for recovery
of the value of any fish, shellfish, reptile, amphibian, bird or animal.
House Bill 2626
False Alarms Penalties and Fees
Effective June 18, 2005. House Bill 2626 allows a county to assess a fee
for responding to a false alarm by a constable’s office. This fee is
subject to enforced collection by the county attorney.
House Bill 3531
Dallas County District and County Court Administration and Services
Effective January 1, 2006. House Bill 3531 amends Government Code, §103.022.
Human Resources Code, §152.0634 and §152.0635 are repealed. The
following fees are repealed and cannot be charged: a $2 per page fee for
a copy of records of spousal or child support and fees administered in Dallas
County; a fee not exceeding $3 per month pertaining to the collection, distribution
and monitoring of spousal and child support payments in Dallas County; and
a fee not to exceed $250 for adoption, family and home study investigations
in Dallas County.
TRD-200503019
Martin Cherry
Chief Deputy General Counsel
Comptroller of Public Accounts
Filed: July 25, 2005
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 §§303.003,
303.005, and 303.009 of the Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of 08/01/05 - 08/07/05 is 18% for Consumer
1
/Agricultural/Commercial
2
/credit thru
$250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of 08/01/05 - 08/07/05 is 18% for Commercial over $250,000.
The monthly ceiling as prescribed by §303.005
3
for the period of 08/01/05 - 08/31/05 is 18% for Consumer/Agricultural/Commercial/credit
thru $250,000.
The monthly ceiling as prescribed by §303.005 for the period of 08/01/05
- 08/31/05 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.
3
For variable rate commercial transactions
only.
TRD-200503065
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: July 26, 2005
Notice of Availability of the Draft July 2005 Update to the Water Quality Management Plan
The Texas Commission on Environmental Quality (TCEQ or commission) announces
the availability of the draft July 2005 Update to the Water Quality Management
Plan for the State of Texas (draft WQMP update).
The Water Quality Management Plan (WQMP) is developed and promulgated in
accordance with the requirements of Federal Clean Water Act, §208. The
draft WQMP update includes projected effluent limits of indicated domestic
dischargers useful for water quality management planning in future permit
actions. Once the commission certifies a WQMP update, the update is submitted
to the United States Environmental Protection Agency (EPA) for approval. For
some Texas pollutant discharge elimination system (TPDES) permits, the EPA's
approval of a corresponding WQMP update is a necessary precondition to TPDES
permit issuance by the commission. The draft WQMP update may contain service
area populations for listed wastewater treatment facilities and designated
management agency information.
A copy of the draft July 2005 WQMP update may be found on the commission's
Web site located at
http://www.tnrcc.state.tx.us/permitting/waterperm/wqmp/index.html
. A copy of the draft may also be viewed at the TCEQ Library, Building
A, 12100 Park 35 Circle, Austin, Texas.
Written comments on the draft WQMP update may be submitted to Nancy Vignali,
Texas Commission on Environmental Quality, Water Quality Division, MC 150,
P.O. Box 13087, Austin, Texas 78711-3087. Comments may also be faxed to (512)
239-4420, but must be followed up with the submission and receipt of the written
comments within three working days of when they were faxed. Written comments
must be submitted no later than 5:00 p.m. on September 5, 2005. For further
information or questions, please contact Ms. Vignali at (512) 239-1303 or
by e-mail at
nvignali@TCEQ.state.tx.us
.
TRD-200503069
Stephanie Bergeron Perdue
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: July 26, 2005
Notices mailed July 21, 2005 through July 26, 2005
TCEQ Internal Control No. 06232005-D01; Sig-Valley Ranch, LTD (Petitioner)
filed a petition for creation of Valley Ranch Municipal Utility District No.1
of Montgomery 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 the following: (1) the Petitioner is the
owner of a majority in value of the land to be included in the proposed District;
(2) there is one lien holder, Citizens Bank of Texas, on the property. to
be included in the proposed District, and the Petitioner has provided the
TCEQ with a certificate evidencing its consent to the creation of the proposed
District; (3) the proposed District will contain approximately 567.27 acres
located within Montgomery County, Texas; and (4) the proposed District is
within the extraterritorial jurisdiction of the City of Houston, Texas, and
no portion of land within the proposed District is within the corporate limits
or extraterritorial jurisdiction of any other city, town or village in Texas.
By Ordinance No. 2004-1255, effective December 8, 2004, the City of Houston,
Texas, gave its consent to the creation of the proposed District. The petition
further states that the proposed District will: (1) purchase, construct, acquire,
maintain and operate a waterworks and sanitary sewer system for residential
and commercial purposes; (2) construct, acquire, improve, extend, maintain
and operate works, improvements, facilities, plants, equipment and appliances
helpful or necessary to provide more adequate drainage for the property in
the proposed District; (3) control, abate and amend local storm waters or
other harmful excesses of water; and (4) purchase, construct, acquire, improve,
maintain, and operate additional facilities, systems, plants, and enterprises
consistent with the purposes for which the District is created, all as more
particularly described in an engineer's report filed simultaneously with the
filing of the petition. 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 $30,750,000.
TCEQ Internal Control No. 04212005-D01; Galilee Partners, L.P., (Petitioner)
filed a petition for creation of Maypearl Water Control and Improvement District
No.1 of Ellis 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 51 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 two lienholders, Palestine Partners L.P, and Sanders Asset Management
L.P, on the property to be included in the proposed District and by affidavit
they have all consented to the petition; (3) the proposed District will contain
approximately 227.67 acres located within Ellis County, Texas; and (4) the
proposed District is within Ellis County and the Maypearl Independent School
District, Texas, and no portion of land within the proposed District is within
the extraterritorial jurisdiction of any city, town or village in Texas. The
petition further states that the proposed District will: (1) construct, maintain,
and operate a waterworks systems for residential, industrial and commercial
purposes; (2) construct, maintain, and operate a sanitary sewer collection
system and wastewater treatment plant; (3) control, abate and amend the harmful
excesses of water, and the reclamation and drainage of overflowed lands within
or affecting the District; and (4) construct, install, maintain, purchase,
and operate additional facilities, systems, plants, and enterprises consistent
with the purposes for which the District is organized. 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 $11,100,000.
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.
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-200503083
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 27, 2005
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
September 6, 2005
. 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 September 6, 2005
. 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: Bettye Singletary dba Longhorn Ranch Motel; DOCKET NUMBER:
2004-0741-PWS-E; TCEQ ID NUMBERS: 0220032 and RN101276442; LOCATION: 13 miles
north of Study Butte on Highway 118, Alpine, Brewster County, Texas; TYPE
OF FACILITY: motel with a public water supply system; RULES VIOLATED: 30 TAC §290.46(d)(1)
and (2)(A), §290.110(b)(4) and (c)(5)(A), by failing to maintain a disinfectant
residual concentration of at least 0.2 milligrams per liter (mg/L) throughout
the distribution system at all times and by failing to monitor the disinfectant
residual at representative locations in the distribution system at least once
every seven days; 30 TAC §290.110(d)(3)(C)(i) and (ii), by failing to
possess a chlorine residual test kit that uses the N, N-diethyl-p-phenylenediamine
colorimetric method to determine the free chlorine residual at various locations
to ensure the proper chlorine residual is being maintained throughout the
distribution system; 30 TAC §290.41(c)(3)(K), by failing to seal the
wellhead with the use of gaskets or a pliable, crack-resistant caulking compound;
30 TAC §290.43(c)(2), by failing to keep all hatches locked except during
inspections and maintenance; 30 TAC §290.43(e), by failing to provide
an intruder-resistant fence to protect the potable water ground storage tank;
30 TAC §290.46(f)(3)(B)(iii) and (D)(ii), by failing to maintain records
of disinfectant residual monitoring results from the distribution system for
at least three years and records of storage tank inspections for at least
five years; 30 TAC §290.42(i), by failing to obtain a permit for discharging
wastewater from the water treatment processes; 30 TAC §290.118(a) and
(b) and Texas Health and Safety Code (THSC), §341.031(a), by failing
to provide water that meets the commission's secondary constituent levels
for sulfate (300 mg/L) and total dissolved solids (1,000 mg/L); and TWC, §5.702
and 30 TAC §290.51(a)(3), by failing to pay public health service fees;
PENALTY: $1,418; STAFF ATTORNEY: Ashley Kever, Litigation Division, MC 175,
(512) 239-2987; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin
Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.
(2) COMPANY: ExxonMobil Oil Corporation; DOCKET NUMBER: 2004-0987-AIR-E;
TCEQ ID NUMBERS: RN102450756 and JE0067I; LOCATION: 1795 Burt Street, Beaumont,
Jefferson County, Texas; TYPE OF FACILITY: petroleum refinery; RULES VIOLATED:
30 TAC §101.201(a)(1)(B) and (c) and THSC, §382.085(b), by failing
to provide initial and final emissions events notifications in a timely manner;
30 TAC §116.116(b)(1) and THSC, §382.085(b), by failing to prevent
unauthorized emissions at the plant from the Fluid Catalytic Cracking Unit
Reactor Plenum; and 30 TAC §116.116(b)(1) and THSC, §382.085(b),
by failing to maintain an emissions rate below the allowable limit of zero;
PENALTY: $17,250; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division,
MC R-12, (713) 422-8914; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex
Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(3) COMPANY: Oceanic Systems, Inc.; DOCKET NUMBER: 2004-0739-AIR-E; TCEQ
ID NUMBER: RN100686880; LOCATION: 11990 Shiloh Road, Dallas, Dallas County,
Texas; TYPE OF FACILITY: aquarium manufacturing and aquarium cabinetry plant;
RULES VIOLATED: 30 TAC §116.110(a)(1) and THSC, §382.0518(a) and §382.085(b),
by failing to obtain a permit prior to construction; PENALTY: $12,500; STAFF
ATTORNEY: Xavier Guerra, Litigation Division, MC R-13, (210) 403-4016; REGIONAL
OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth,
Texas 76118-6951, (817) 588-5800.
(4) COMPANY: Rhimco Industries, Inc.; DOCKET NUMBER: 1997-0036-IHW-E; TCEQ
ID NUMBER: 32341; LOCATION: 4150 Britton Road, Mansfield, on the border of
Ellis and Tarrant Counties, Texas; TYPE OF FACILITY: electro-plating facility;
RULES VIOLATED: 30 TAC §335.4 and TWC, §26.121, by causing, suffering,
allowing, or permitting the collection, handling, storage, processing, or
disposal of industrial solid waste into or adjacent to waters in the state.
Specifically, discharge of grey, semi-liquid wastewater from a metal parts
cleaner discharging onto the ground in an area which flows toward an intermittent
tributary that drains into Joe Pool Lake. In addition, hazardous waste was
spilled near the northwest corner of the facility. Also, TCEQ investigators
observed an estimated five to ten gallons of cutting oil on the ground near
the southwest corner of the facility's metal fabrication building. Soil samples
collected from the soil in the discharge pathway of the oil indicate that
the soil was contaminated with elevated levels of petroleum hydrocarbons;
PENALTY: $26,400; STAFF ATTORNEY: James Sallans, Litigation Division, MC 175,
(512) 239-2053; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel
Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(5) COMPANY: South Texas Chlorine Inc.; DOCKET NUMBER: 2004-0142-MLM-E;
TCEQ ID NUMBERS: CD-0085-I, TXRO5H669, and RN100943044; LOCATION: 8600 East
Harrison, Harlingen, Cameron County, Texas; TYPE OF FACILITY: chemical repackaging
plant; RULES VIOLATED: 30 TAC §116.115(c), THSC, §382.085(b), new
source review (NSR) Permit Number 21286, Special Condition Number 8, by failing
to properly monitor the concentration of the scrubbing solution at least once
per shift; 30 TAC §116.115(c), THSC, §382.085(b), NSR Permit Number
21286, Special Condition Number 25, by failing to maintain the maximum allowed
bleach production limit of 120 batches per year; 30 TAC §116.115(c),
THSC, §382.085(b), NSR Permit Number 21286, Special Condition Numbers
26(A), (D), and (F) - (H), by failing to meet the following recordkeeping
requirements; records of the railcar unloading operations and records of the
results of the required fugitive monitoring and maintenance program; 30 TAC §281.25(a)(4), §335.4,
Multi-Section General Permit (MSGP) Number TXRO5H669, Part III, Section A(3)(a)
and (b), and TWC, §26.121, by failing to identify and obtain a permit
for non-storm water discharge. Specifically, the resinate from the cylinders
was discharged onto the soil of the regulated entity's property; 30 TAC §281.25(a)(4)
and MSGP Number TXRO5H669, Part III, Sections A(4)(a), (b), and (c), by failing
to include the following items in the storm water pollution prevention plan
(SWP3): 1) the inventory of exposed materials, specifically, storage of waste
streams; 2) narrative description of all activities that could contribute
pollutants to the storm water, specifically, leaking waste streams from pumps
and piping; and 3) two outfall locations on the site map; 30 TAC §281.25(a)(4)
and MSGP Number TXRO5H669, Part III, Sections A(5)(b), (f), and (h), by failing
to include a detailed description in the SWP3 of the following: 1) spill prevention
and response measures where spills could contribute pollutants to storm water
discharges; 2) an established training program for all employees responsible
for implementing or maintaining the activities of the SWP3; and 3) a method
to record the required information for the quarterly visual monitoring. Three
of the nine required elements of Section A(5) were not found; and 30 TAC §335.62
and 40 Code of Federal Regulations (CFR) §262.11, by failing to complete
a hazardous waste determination of the two water waste streams generated as
a result of the washing of compressed gas cylinders and the one-ton containers
in the scrubber tanks; PENALTY: $5,100; STAFF ATTORNEY: Laurencia Fasoyiro,
Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Harlingen Regional
Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(6) COMPANY: Stewart Tank Company & Oilfield Supply; DOCKET NUMBER:
2004-0228-MLM-E; TCEQ ID NUMBERS: 13715, TXR05L017, and RN102974409; LOCATION:
21714 Highway 82, Sherman, Grayson County, Texas; TYPE OF FACILITY: scrap
metal recycling operation; RULES VIOLATED: 30 TAC §335.4, by failing
to prevent welding and torch cutting wastes from being discharged to surface
soils; 30 TAC §335.62 and 40 CFR §262.11, by failing to conduct
an adequate hazardous waste determination on the welding and torch cutting
waste stream generated at the facility; 30 TAC §328.63(c)(1) and THSC, §361.112(a),
by failing to properly register the facility as a scrap tire facility prior
to commencing scrap tire activities on the premises; 30 TAC §328.60(a)
and THSC, §361.112(a), by failing to properly register the facility as
a scrap tire storage facility prior to accumulating greater than 500 tires
on the premises; Texas Pollutant Discharge Elimination System (TPDES), general
Storm Water Permit Number TXR050000, Part III.A.4(b), and 30 TAC §305.125(1),
by failing to include in the storm water prevention plan a narrative description
of all activities that could potentially be expected to contribute pollutants
to storm water; and TPDES general Storm Water Permit Number TXR050000, Part
III.A.5(e), and 30 TAC §305.125(1), by failing to develop and implement
best management practices to reduce pollutants in the welding and torch cutting
area of the facility, which is exposed to storm water; PENALTY: $14,500; STAFF
ATTORNEY: Mary Clair Lyons, Litigation Division, MC 175, (512) 239-6996; REGIONAL
OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth,
Texas 76118-6951, (817) 588-5800.
(7) COMPANY: Sunoco, Inc. (R&M); DOCKET NUMBER: 2004-1918-IHW-E; TCEQ
ID NUMBERS: 30486 and RN100524008; LOCATION: 9802 Fairmont Parkway, Pasadena,
Harris County, Texas; TYPE OF FACILITY: chemical plant; RULES VIOLATED: 30
TAC §335.2(b), by failing to properly dispose of hazardous waste at an
authorized disposal site; 30 TAC §335.69(a)(3) and 40 CFR §262.34(a)(3),
by failing to properly label two roll-off containers with the words "hazardous
waste"; and 30 TAC §335.10(b)(18) and (22), by failing to indicate the
proper waste classifications on two manifests for the hazardous waste shipped
on June 18, 2004; PENALTY: $7,623; STAFF ATTORNEY: Mary Clair Lyons, Litigation
Division, MC 175, (512) 239-6996; REGIONAL OFFICE: Houston Regional Office,
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(8) COMPANY: Surepak, L.P.; DOCKET NUMBER: 2004-0894-AIR-E; TCEQ ID NUMBERS:
DB2035O, 19425, and RN101964849; LOCATION: 5050 Duncanville Road, Dallas,
Dallas County, Texas; TYPE OF FACILITY: polystyrene packing plant; RULES VIOLATED:
30 TAC §116.115(c) and TCEQ Air Permit Number 19425, Special Condition
Number 2, by failing to post the permit in a conspicuous place on the plant
premises; 30 TAC §116.115(c) and TCEQ Air Permit Number 19425, Special
Condition Number 4, by failing to have the appropriate stack configuration
for Emission Points E1 and E2; 30 TAC §116.115(c) and TCEQ Air Permit
Number 19425, Special Condition Number 6, by failing to keep all of the doors
to the plant, other than the loading dock doors, building egress and ingress,
closed at all times; 30 TAC §116.115(c) and TCEQ Air Permit Number 19425,
Special Condition Number 11, by failing to record the total hours of operation
of each expander per day, and material usage in pounds per day by bead type
and expander; and 30 TAC §116.115(c) and TCEQ Air Permit Number 19425,
Special Condition Number 13, by failing to limit the number of active expanders
to five; PENALTY: $5,100; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division,
MC R-12, (713) 422-8914; REGIONAL OFFICE: Dallas-Fort Worth Regional Office,
2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
TRD-200503072
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: July 26, 2005
The purpose of the meeting is to obtain public input and information concerning
the intent to take no further remedial 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
remedial action at the Phipps Plating state Superfund site (site) and to delete
the site from the state Superfund registry. The state registry is the list
of state Superfund sites that may constitute an imminent and substantial endangerment
to public health and safety or the environment due to a release or threatened
release of hazardous substances into the environment. The 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 of intent was also published in the
San Antonio Express News
on August 5, 2005.
The site was proposed for listing on the state Superfund registry in the
July 22, 1997, issue of the
Texas Register
(24
TexReg 6897). The site, including all land, structures, appurtenances, and
other improvements, is located at 301 - 305 East Grayson Street, San Antonio,
Bexar County, Texas. The site also includes 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.
Phipps Plating started operating an electroplating metal parts and fixtures
facility in 1948. The San Antonio regional office of the Texas Natural Resource
Conservation Commission (TNRCC), predecessor agency of the TCEQ, inspected
the abandoned site in May 1993. The TNRCC conducted an emergency removal of
sludge and drummed waste and then secured access to the site by fencing the
perimeter and securing all entrances to the building. In November 1994, the
TNRCC conducted a preliminary assessment inspection to assess the site for
the United States Environmental Protection Agency. Upon determination that
the site did not qualify for the National Priorities List, the site was proposed
to the state Superfund registry. A remedial investigation was conducted and
soil contaminated with metals was removed from the site. These removal actions
resulted in off-site soils being restored to residential use and on-site soils
being restored to commercial/industrial use.
Tetrachloroethene (PCE) has impacted shallow groundwater under the site;
however, the source of the contamination is upgradient, northeast, of the
site. The groundwater flow is northeast to southwest. The TCEQ Field Operations
Division will conduct further investigation.
Notice has been filed in the Bexar County real property records that the
site is designated for commercial/industrial use.
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. 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 TAC §335.344(c).
The commission will hold a public meeting to receive comments on the proposed
deletion of the site and the determination to take no further remedial 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 will
be held September 15, 2005, at 7:00 p.m., in the cafeteria of Pershing Elementary
School, 600 Sandmeyer Street in San Antonio, Texas.
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., September 15, 2005, and should be sent in writing to Kristy
Mauricio, Project Manager, TCEQ, Remediation Division, MC 143, P. O. Box 13087,
Austin, Texas 78711-3087 or by facsimile (512) 239-2450. The public comment
period for this action will end at the close of the public meeting on September
15, 2005.
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 San Antonio Central Library, 600 Soledad Street, San
Antonio, Texas, (210) 207-2500. Copies of the complete public record file
may be obtained during regular business hours at the commission's Records
Management Center, Records Customer Service, Building E, First Floor, MC 199,
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. Parking for
persons with disabilities is available on the east side of Building D, convenient
to access ramps that are between Buildings D and E.
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) 239-2141. Requests should be made as far in advance
as possible.
For further information regarding this meeting, please call Bruce McAnally,
TCEQ Community Relations, at (800) 633-9363.
TRD-200503066
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: July 26, 2005
The following notices were issued during the period of July 20, 2005 through
July 21, 2005.
The following require the applicants to publish notice in the newspaper.
The public comment period, requests for public meetings, or requests for a
contested case hearing may be submitted to the Office of the Chief Clerk,
Mail Code 105, P O Box 13087, Austin Texas 78711-3087, WITHIN 30 DAYS OF THE
DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.
BGM LAND INVESTMENTS, LTD. has applied for a new permit, proposed Texas
Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014589001, to
authorize the discharge of treated domestic wastewater at a daily average
flow not to exceed 800,000 gallons per day. The facility will be located approximately
2,200 feet north of Morton Road and approximately 300 feet east of Porter
Road in Harris County, Texas.
BEARPEN CREEK has applied for a new permit, proposed Texas Pollutant Discharge
Elimination System (TPDES) Permit No. WQ0014614001, to authorize the discharge
of treated domestic wastewater at a daily average flow not to exceed 500,000
gallons per day. The facility is located along County Road 2526, on the west
bank of Bearpen Creek, 6,000 feet east of the intersection of State Route
35 and County Road 2526 in Hunt County, Texas.
WILLIAM EMMETT HARTZOG has applied for a renewal of TPDES Permit No. 12917-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 5,600 gallons per day. The facility is located at 345 Gulf
Bank Road in Harris County, Texas.
CITY OF IRAAN has applied for a renewal of Permit No. 10692-001, which
authorizes the disposal of treated domestic wastewater at a daily average
flow not to exceed 9,000 gallons per day. via evaporation and surface irrigation
of 25 acres of non-public access ranch land. This permit will not authorize
a discharge of pollutants into waters in the State. The facility and disposal
site are located east of the City of Iraan, adjacent to U.S. Highway 190,
approximately 1,000 feet west of the Pecos River in Pecos County, Texas.
CITY OF KINGSVILLE has applied for a renewal of TPDES Permit No. 10696-001,
which authorizes the discharge of treated domestic wastewater at an annual
average flow not to exceed 3,000,000 gallons per day. The facility is located
approximately 2,640 feet east of U.S. Highway 77 on the south side of Farm-to-Market
Road 2045 in Kleberg County, Texas.
MIRANDO CITY WATER SUPPLY CORPORATION has applied for a renewal of TPDES
Permit No. 14207-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 125,000 gallons per day. The facility
is located due south of the Tex-Mex Railroad and 3,000 feet due west of the
intersection of State Highway 359 and Farm-to-Market Road 2895 in Webb County,
Texas.
CITY OF PORTLAND has applied for a renewal of TPDES Permit No. WQ0010478001,
which authorizes the discharge of treated domestic wastewater at an annual
average flow not to exceed 2,500,000 gallons per day. The facility is located
at 1095 Moore Avenue (Farm-to-Market Road 893), 2,000 feet northwest of the
intersection of Farm-to-Market Road 893 and U.S. Highway 181 in the City of
Portland in San Patricio County, Texas.
CITY OF SAN AUGUSTINE has applied for a renewal of TPDES Permit No. 10268-002,
which authorizes the discharge of filter backwash effluent from a water treatment
plant at a daily average flow not to exceed 30,000 gallons per day. The facility
is located 50 feet from City Lake, approximately 100 yards southeast of Farm-to-Market
Road 2213 in San Augustine County, Texas.
CITY OF SAVOY has applied to renew Texas Pollutant Discharge Elimination
System (TPDES) Permit No. 14273-001 to authorize the discharge of treated
domestic wastewater at a daily average flow not to exceed 128,000 gallons
per day. The domestic wastewater treatment facility is located 900 feet west
of Farm-to-Market Road 1752 and 2,000 feet north of U.S. Highway 82 in Fannin
County, Texas.
THE CITY OF STAMFORD has applied for a renewal of TPDES Permit No. 10472-002,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 560,000 gallons per day. The facility is located approximately
8,400 feet northeast of the intersection of the FW&D Railroad and State
Highway 6 and adjacent to Stink Creek in Jones County, Texas.
VALERO REFINING - TEXAS, L.P. which operates a petroleum coke handling
facility, has applied for a renewal of TPDES Permit No. WQ0002540000, which
authorizes the discharge of stormwater on an intermittent and flow variable
basis via Outfall 001. The facility is located the north side of Corpus Christi
Harbor, approximately one mile west of the lift bridge over the channel on
Navigation Boulevard, on the north side of Tule Lake Channel, north of the
City of Corpus Christi, Nueces County, Texas.
MARLIN ATLANTIS WHITE, LTD. has applied for a new permit, proposed Texas
Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014570001, to
authorize the discharge of treated domestic wastewater at a daily average
flow not to exceed 500,000 gallons per day. The facility will be located adjacent
to Gum Bayou, approximately 2.14 miles east of State Highway 3 and 600 feet
north of Farm-to-Market Road 517 in Galveston County, Texas.
JOSEPH SHAU CHO WONG has applied for a renewal of Permit No. 13469-001,
which authorizes the disposal of treated domestic wastewater at a daily average
flow not to exceed 25,000 gallons per day via non-public access subsurface
drainfields with a minimum area of 74,000 square feet. This permit will not
authorize a discharge of pollutants into waters in the State. The wastewater
treatment facilities and disposal site are located adjacent to and north of
U.S. Highway 180 and State Highway Loop 375 in El Paso County, Texas.
TRD-200503084
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 27, 2005
Notices mailed July 2, 2005 through July 21, 2005:
APPLICATION NO. 5876; R H of Texas Limited Partnership, 17855 North Dallas
Parkway, Suite 200, Dallas, Texas, 75287, applicant, has applied to the Texas
Commission on Environmental Quality (TCEQ) for a Water Use Permit pursuant
to 11.143, Texas Water Code, and TCEQ Rules 30 Texas Administrative Code (TAC)
295.1, et seq. Applicant seeks authorization to modify and maintain an exempt
dam and reservoir with a maximum capacity of 55.00 acre-feet of water and
a surface area of 3.35 acres on an unnamed tributary of Rowlett Creek, tributary
of the Trinity River, Trinity River Basin, for in-place recreational purposes.
The centerline of the dam is N81.60 E, 2,865 feet from the southwest corner
of the Jesse Gough Original Survey, Abstract No. 347, at Latitude 33.102 N,
Longitude 96.724 W, approximately 11.37 miles south of the City of McKinney
and approximately 3.27 miles west of the City of Allen, Collin County, Texas.
Ownership of the innundated land is evidenced by a Commercial Contract of
Sale, dated March 23, 2004. 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 10, 2005. Additional information and
fees were received on March 9, March 14, and March 24, and May 6, 2005. The
application was declared administratively complete and filed with the Office
of the Chief Clerk on May 12, 2005. Written public comments and requests for
a public meeting should be received in 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.
APPLICATION NO. 5419A; Silverleaf Resorts LTD, 220 Holly Lodge Circle,
Big Sandy, Texas 75755, applicant, seeks an amendment to Water Use Permit
No. 5419 pursuant to Texas Water Code11.122 and Texas Commission on Environmental
Quality Rules 30 Texas Administrative Code (TAC ) 295.1, et seq. Applicant
owns Water Use Permit No. 5419, which authorizes the owner to maintain two
existing dams and reservoirs on Holly Creek and an unnamed tributary of Big
Sandy Creek, tributaries of the Sabine River, Sabine River Basin, for in-place
recreational purposes in Wood County, Texas. Holly Lake, on Holly Creek, impounds
264 acre-feet of water. Whispering Wind Lake, on an unnamed tributary of Big
Sandy Creek, impounds 168 acre-feet of water. Applicant seeks to amend Water
Use Permit No. 5419 to divert and use not to exceed 40 acre-feet of water
per year from a point on Big Sandy Creek for recreational purposes at a maximum
diversion rate 0.49 cfs (220 gpm). Water diverted will be released into Whispering
Wind Lake and stored, in order to maintain the reservoir full. The diversion
point will be located at Latitude 32.721 N and Longitude 95.222 W, also being
N 40.75 W, 3,240 feet from the southeast corner of the Brooks and Burleson
Survey, Abstract No. 92, 14.5 miles southeast of Quitman in Wood County, Texas.
The Commission will review the application as submitted by the applicant and
may or may not grant the application as requested. The application and partial
fees were received on July 2, 2004, and requested information and fees were
received on September 7, 2004, and January 4 and March 23, 2005. The application
was declared administratively complete and filed with the Office of the Chief
Clerk on June 27, 2005. 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.
INFORMATION SECTION
A public meeting is intended for the taking of public comment, and is not
a contested case hearing.
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-200503085
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 27, 2005
The Texas Commission on Environmental Quality (TCEQ or commission) staff
is providing an opportunity for written public comment on the listed Agreed
Orders (AOs) in accordance with Texas Water Code (the Code), §7.075,
which requires that the commission may not approve these AOs unless the public
has been provided an opportunity to submit written comments. Section 7.075
requires that notice of the proposed orders and the opportunity to comment
must be published in the
Texas Register
no
later than the 30th day before the date on which the public comment period
closes, which in this case is
September 5, 2005
.
Section 7.075 also requires that the commission promptly consider any written
comments received and that the commission may withhold approval of an AO if
a comment discloses facts or considerations that indicate the proposed AO
is inappropriate, improper, inadequate, or inconsistent with the requirements
of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean
Air Act (the Act). Additional notice is not required if changes to an AO are
made in response to written comments.
A copy of each proposed AO is available for public inspection at both the
commission's central office, located at 12100 Park 35 Circle, Building C,
1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable regional
office listed as follows. Written comments about an AO should be sent to the
enforcement coordinator designated for each AO at the commission's central
office at P.O. Box 13087, Austin, Texas 78711-3087 and must be
received by 5:00 p.m. on September 5, 2005
. Written comments may also
be sent by facsimile machine to the enforcement coordinator at (512) 239-2550.
The commission enforcement coordinators are available to discuss the AOs and/or
the comment procedure at the listed phone numbers; however, §7.075 provides
that comments on the AOs should be submitted to the commission in
writing
.
(1) COMPANY: Bell County Water Control and Improvement District 2; DOCKET
NUMBER: 2005-0474-MWD-E; IDENTIFIER: Regulated Entity Numbers (RN) 101610418
and 101610491; LOCATION: Little River, Bell County, Texas; TYPE OF FACILITY:
wastewater treatment; RULE VIOLATED: 30 TAC §§305.125(1) and (5),
319.7(c), and 319.11, Texas Pollutant Discharge Elimination System (TPDES)
Permit Number WQ0011091001, and the Code, §26.121(a), by failing to comply
with permitted effluent limits for total suspended solids (TSS) and five-day
biochemical oxygen demand (BOD5), by failing to report noncompliances of 40%
above effluent limits, by failing to ensure that the facility and all of its
systems of collection, treatment, and disposal are properly operating and
maintained, by failing to properly conduct residual chlorine analysis, by
failing to use a proper flow measuring device, by failing to maintain chain
of custody records, by failing to prevent the discharge and accumulation of
sludge in the receiving stream, and by failing to submit a complete annual
sludge report; PENALTY: $24,264; ENFORCEMENT COORDINATOR: Audra Ruble, (361)
825-3100; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826,
(254) 751-0335.
(2) COMPANY: Bosqueville Green Acres Water Supply Corporation; DOCKET NUMBER:
2005-0480-PWS-E; IDENTIFIER: Public Water Supply (PWS) Number 1550080, RN101217008;
LOCATION: Waco, McLennan County, Texas; TYPE OF FACILITY: public water supply;
RULE VIOLATED: 30 TAC §290.46(f)(3)(B)(iii), (h) - (j), and (m)(1), by
failing to keep on file, and make available for review, a record of operations
and disinfectant residual monitoring results, by failing to properly seal
the hypochlorination solution container, by failing to make available a record
of plumbing ordinances or service agreements with customers, by failing to
complete customer service inspection certificates, and by failing to conduct
annual inspections on the ground storage and pressure tanks; 30 TAC §290.121(b)(1),
by failing to keep on file and make available for review an up-to-date microbiological
monitoring plan; 30 TAC §290.42(e)(5) and (l), by failing to keep a supply
of calcium hypochlorite on hand and by failing to keep on file and make available
for review a plant operations manual; 30 TAC §290.45(b)(1)(C)(i), by
failing to provide a well capacity of 0.6 gallons per minute per connection;
and 30 TAC §290.43(c)(4), by failing to equip the water storage tank
with a water level indicator; PENALTY: $1,046; ENFORCEMENT COORDINATOR: Sandy
Van Cleave, (512) 239-0667; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500,
Waco, Texas 76710-7826, (254) 751-0335.
(3) COMPANY: CHS Inc.; DOCKET NUMBER: 2005-0688-PST-E; IDENTIFIER: RN100529015;
LOCATION: Crosbyton, Crosby County, Texas; TYPE OF FACILITY: fuel distributor;
RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the
owner or operator had a valid, current delivery certificate; PENALTY: $720;
ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE:
4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.
(4) COMPANY: Coastal Bend Youth City; DOCKET NUMBER: 2005-0498-MWD-E; IDENTIFIER:
TPDES Permit Number 11689001, RN102179124; LOCATION: Driscoll, Nueces County,
Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1),
TPDES Permit Number 11689001, and the Code, §26.121(a), by failing to
comply with the permitted effluent limits for TSS and pH; PENALTY: $4,480;
ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE:
6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(5) COMPANY: Comal Independent School District; DOCKET NUMBER: 2005-0561-EAQ-E;
IDENTIFIER: Edwards Aquifer Site Registration Number 13-4101101, RN104421649;
LOCATION: Canyon City, Comal County, Texas; TYPE OF FACILITY: 80-acre site;
RULE VIOLATED: 30 TAC §213.23(a)(1)(B), by failing to receive commission
approval of a contributing zone plan; PENALTY: $1,800; ENFORCEMENT COORDINATOR:
Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San
Antonio, Texas 78233-4480, (210) 490-3096.
(6) COMPANY: City of Cotulla; DOCKET NUMBER: 2005-0577-MWD-E; IDENTIFIER:
RN101920148; LOCATION: Cotulla, La Salle County, Texas; TYPE OF FACILITY:
wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit
Number 10153001, and the Code, §26.121(a), by failing to comply with
the permitted effluent limits for dissolved oxygen (DO), ammonia, pH, TSS,
and five-day carbonaceous biochemical oxygen demand; PENALTY: $1,800; ENFORCEMENT
COORDINATOR: Mac Vilas, (512) 239-2557; REGIONAL OFFICE: 14250 Judson Road,
San Antonio, Texas 78233-4480, (210) 490-3096.
(7) COMPANY: El Paso Materials, L.L.C.; DOCKET NUMBER: 2004-1845-AIR-E;
IDENTIFIER: RN104064241; LOCATION: El Paso, El Paso County, Texas; TYPE OF
FACILITY: aggregate processing; RULE VIOLATED: 30 TAC §111.155 and THSC, §382.085(b),
by failing to prevent emissions of particular matter; and 30 TAC §116.115(a)(1),
New Source Review Permit Number 70239, and THSC, §382.085(b), by failing
to meet the minimum distance of 920 feet from the primary rock crusher to
the property line; PENALTY: $1,200; ENFORCEMENT COORDINATOR: Jill Reed, (915)
570-1359; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas
79901-1206, (915) 834-4949.
(8) COMPANY: Flint Hills Resources, LP; DOCKET NUMBER: 2005-0018-AIR-E;
IDENTIFIER: Air Account Numbers NE0120H and NE0122D, RN102534138 and RN100235266;
LOCATION: Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: petroleum
refining; RULE VIOLATED: 30 TAC §116.110(a) and THSC, §382.085(b),
by failing to prevent unauthorized volatile organic compound (VOC) emissions
from being released when a section of wrought iron underground transfer pipe
ruptured; 30 TAC §122.32 and THSC, §382.085(b), by failing to prevent
a discharge of hydrogen sulfide; and 30 TAC §116.715(a), New Source Review
Flexible Air Permit Number 8803A, and THSC, §382.085(b), by failing to
prevent unauthorized VOCs from being released; PENALTY: $12,140; ENFORCEMENT
COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 6300 Ocean
Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(9) COMPANY: Insight Iniquity Acquisition Partners, LP; DOCKET NUMBER:
2005-0694-PST-E; IDENTIFIER: Petroleum Storage Tank Facility Identification
Number 57213, RN102345410; LOCATION: Irving, Dallas County, Texas; TYPE OF
FACILITY: unmanned fueling; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vii)
and (5)(A)(i) and (B)(ii), by failing to timely renew a previously issued
underground storage tank (UST) delivery certificate and by failing to make
available to a common carrier, a valid, current delivery certificate; and
30 TAC §334.48(c), by failing to conduct inventory effective manual or
automatic inventory control procedures for the UST system; PENALTY: $3,600;
ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE:
2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(10) COMPANY: Intercontinental Terminals Company; DOCKET NUMBER: 2005-0486-AIR-E;
IDENTIFIER: Air Account Number HG0403N, RN100210806; LOCATION: La Porte, Harris
County, Texas; TYPE OF FACILITY: marine loading terminal and storage plant;
RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 1078, and THSC, §382.085(b),
by failing to prevent 1,127 pounds of unauthorized butadiene emissions; PENALTY:
$3,180; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL
OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(11) COMPANY: Bill McCoy dba McCoy's Bargin Barn; DOCKET NUMBER: 2005-0826-PST-E;
IDENTIFIER: RN102038312; LOCATION: Waco, McLennan County, Texas; TYPE OF FACILITY:
convenience storage with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.10(b)(1)(B),
by failing to have all records pertaining to petroleum storage tanks available
for inspection; 30 TAC §334.8(c)(5)(C), by failing to label underground
petroleum storage tanks according to the registration and self-certification
form; 30 TAC §334.50(b)(2)(A)(i)(III), by failing to test the line leak
detector; and 30 TAC §334.48(c), by failing to conduct inventory control;
PENALTY: $5,712; ENFORCEMENT COORDINATOR: Jill McNew, (512) 239-0560; REGIONAL
OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(12) COMPANY: Motiva Enteprises L.L.C.; DOCKET NUMBER: 2005-0347-AIR-E;
IDENTIFIER: Air Account Number JE0095D, RN100209451; LOCATION: Port Arthur,
Jefferson County, Texas; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED:
30 TAC §116.115(b)(2)(F) and §116.715(a) and (c)(7), Permit Number
8404, and THSC, §382.085(b), by failing to maintain an emission rate
below the allowable limits; and 30 TAC §101.201(a) and THSC, §382.085(b),
by failing to submit a complete notification of a reportable emissions event;
PENALTY: $10,659; ENFORCEMENT COORDINATOR: Edward Moderow, (512) 239-2680;
REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(13) COMPANY: Vilas Kumar dba New Road Texaco; DOCKET NUMBER: 2005-0202-PST-E;
IDENTIFIER: RN102655446; LOCATION: Waco, McLennan County, Texas; TYPE OF FACILITY:
convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.48(c),
by failing to conduct proper inventory control; 30 TAC §334.50(a)(1)
and the Code, §26.3475(a), by failing to provide a method of release
detection for the UST system; and 30 TAC §334.10(b), by failing to have
required UST records maintained, readily accessible, and available for inspection;
PENALTY: $8,800; ENFORCEMENT COORDINATOR: Ruben Soto, (512) 239-4571; REGIONAL
OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(14) COMPANY: Onyx Environmental Services L.L.C.; DOCKET NUMBER: 2004-1438-MLM-E;
IDENTIFIER: Air Account Number JE0024D, RN102599719; LOCATION: Port Arthur,
Jefferson County, Texas; TYPE OF FACILITY: hazardous waste disposal; RULE
VIOLATED: 30 TAC §122.143(4), Industrial Hazardous Waste (IHW) Permit
Number 50212-001, Air Permit Number O-1509, and THSC, §382.085(b), by
failing to maintain an emission rate below the allowable emission limits;
30 TAC §117.219(f)(6)(B) and §122.143(4), Air Permit Number O=01509,
IHW Permit Number 50212-001, and THSC, §382.085(b), by failing to maintain
and record the hours of operation of the deep well emergency gemerator; and
30 TAC §101.201(b)(7) and THSC, §382.085(b), by failing to speciate
particulate matter on the final record of emissions events; PENALTY: $12,768;
ENFORCEMENT COORDINATOR: Daniel Siringi, (409) 898-3838; REGIONAL OFFICE:
3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(15) COMPANY: Permian Tank & Manufacturing, Inc.; DOCKET NUMBER: 2005-0541-AIR-E;
IDENTIFIER: RN103898771; LOCATION: Kilgore, Rusk County, Texas; TYPE OF FACILITY:
tank manufacturing; RULE VIOLATED: 30 TAC §116.110(a)(1) and (4) and
THSC, §382.085(b) and §382.0518(a), by failing to obtain a permit
for the surface coating and dry abrasive cleaning operations; PENALTY: $8,000;
ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 2916
Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(16) COMPANY: City of Poteet; DOCKET NUMBER: 2003-1277-MWD-E; IDENTIFIER:
TPDES Permit Number 13630001, RN102078417; LOCATION: Poteet, Atascosa County,
Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1),
TPDES Permit Number 13630001, and the Code, §26.121(a), by failing to
meet the effluent limits for ammonia nitrogen, flow, and BOD5, by failing
to timely submit the discharge monitoring reports, and by failing to analyze
its sludge and submit the annual sludge report; the Code, §26.121(a)(2),
by allowing sludge and solids to accumulate in the receiving stream; 30 TAC §317.3,
by failing to properly maintain the on-site lift station; 30 TAC §317.6(b)(1)(C),
by failing to have scales to measure daily chlorine usage; and 30 TAC §319.7(c),
by failing to maintain calibration records for its dissolved oxygen, pH, and
chlorine meters; PENALTY: $14,620; ENFORCEMENT COORDINATOR: Merrilee Hupp,
(512) 239-4490; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480,
(210) 490-3096.
(17) COMPANY: Ali Hamid Corporation dba Quick Stop 21; DOCKET NUMBER: 2004-2079-PST-E;
IDENTIFIER: RN102225430; LOCATION: Galena Park, Harris County, Texas; TYPE
OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED:
30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper
operation of Stage II equipment; PENALTY: $4,480; ENFORCEMENT COORDINATOR:
Tel Croston, (512) 239-5717; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1486, (713) 767-3500.
(18) COMPANY: Amado Ramirez dba Ramirez Drive Inn; DOCKET NUMBER: 2005-0518-PST-E;
IDENTIFIER: PST Facility Identification Number 76468, RN104469523; LOCATION:
Zapata, Zapata County, Texas; TYPE OF FACILITY: convenience store with retail
sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1),
by failing to provide a proper release detection method; PENALTY: $2,000;
ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE:
1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(19) COMPANY: Barbara Repka dba Repka's Grocery; DOCKET NUMBER: 2005-0703-PWS-E;
IDENTIFIER: PWS Number 2370079, RN101211670; LOCATION: Brookshire, Waller
County, Texas; TYPE OF FACILITY: gas station with a domestic well; RULE VIOLATED:
30 TAC §290.39(e) and (h)(1), by failing to submit "as-built" plans,
specifications, and engineering reports, and receive written approval from
the commission, prior to the construction or modification of the PWS and have
them available for review; and 30 TAC §290.41(c)(1)(F), by failing to
have the required sanitary control easement, granted exception, or an approved
substitute covering all property; PENALTY: $120; ENFORCEMENT COORDINATOR:
Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 5425 Polk Avenue, Suite H,
Houston, Texas 77023-1486, (713) 767-3500.
(20) COMPANY: S.K. Master, Inc. dba A J Food Mart; DOCKET NUMBER: 2005-0691-PST-E;
IDENTIFIER: PST Facility Identification Number 35221, RN101845642; LOCATION:
Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail
sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing
to provide acceptable financial assurance; PENALTY: $2,376; ENFORCEMENT COORDINATOR:
Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 5425 Polk Avenue, Suite
H, Houston, Texas 77023-1486, (713) 767-3500.
(21) COMPANY: Southern Star, Inc. dba Southern Star Shrimp Farm; DOCKET
NUMBER: 2005-0718-IWD-E; IDENTIFIER: TPDES Permit Number 04244, RN101527034;
LOCATION: Rio Hondo, Cameron County, Texas; TYPE OF FACILITY: shrimp farm;
RULE VIOLATED: 30 TAC §305.125(1) and TPDES Permit Number 04244, by failing
to comply with permitted effluent limits for TSS, DO, and carbonaceous biochemical
oxygen demand; PENALTY: $2,660; ENFORCEMENT COORDINATOR: Joseph Daley, (512)
239-3308; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247,
(956) 425-6010.
(22) COMPANY: Stanley Lake Municipal Utility District; DOCKET NUMBER: 2005-0901-MWD-E;
IDENTIFIER: RN102076338; LOCATION: Montgomery, Montgomery County, Texas; TYPE
OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1),
TPDES Permit Number 0011367001, and the Code, §26.121(a), by failing
to comply with permitted effluent limits for total chlorine residual; PENALTY:
$2,640; ENFORCEMENT COORDINATOR: John Muennink, (713) 767-3500; REGIONAL OFFICE:
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(23) COMPANY: Sun Valley Distribution, Inc.; DOCKET NUMBER: 2005-0735-PST-E;
IDENTIFIER: RN100813229; LOCATION: El Paso, El Paso County, Texas; TYPE OF
FACILITY: gasoline refueling station; RULE VIOLATED: 30 TAC §334.10(b)(1)(B)
and §334.48(g), by failing to maintain UST records on the premises of
the UST facility; §334.8(c)(4)(A)(vii) and (5)(A)(i), (B)(ii), and (C),
and the Code, §26.3467(a), by failing to renew their delivery certificate,
by failing to make available to a common carrier a valid, current delivery
certificate, and by failing to ensure that permanent tags, labels, or markings
were applied or affixed to the immediate area of the UST fill tube; 30 TAC §334.50(b)(1)(A)
and (d)(4)(A)(i)(II) and the Code, §26.3475(c), by failing to monitor
the USTs for releases; and 30 TAC §334.49(c)(4)(C), by failing to test
the cathodic protection system; PENALTY: $8,568; ENFORCEMENT COORDINATOR:
Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 401 East Franklin Avenue, Suite
560, El Paso, Texas 79901-1206, (915) 834-4949.
(24) COMPANY: The Lighted Fishing Pier, L.L.C.; DOCKET NUMBER: 2005-0439-PWS-E;
IDENTIFIER: PWS Number 0840205, RN101181253; LOCATION: Hitchcock, Galveston
County, Texas; TYPE OF FACILITY: fishing pier; RULE VIOLATED: 30 TAC §290.109(b)(2),
(c)(2)(F) and (3)(A)(ii), and (f)(1)(B), and THSC, §341.031(a), by exceeding
the maximum contaminant level (MCL) for total coliform bacteria, by failing
to collect the proper number of additional routine samples, by failing to
collect and submit repeat water samples for bacteriological analysis, and
by exceeding the acute MCL for total fecal coliform; PENALTY: $1,525; ENFORCEMENT
COORDINATOR: Mac Vilas, (512) 239-2557; REGIONAL OFFICE: 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(25) COMPANY: Wm. G. Johnson Oil Company dba Tiger Tote 102; DOCKET NUMBER:
2005-0526-PST-E; IDENTIFIER: PST Facility Identification Number 44722; LOCATION:
Corsicana, Navarro County, Texas; TYPE OF FACILITY: convenience store with
retail sales of gasoline; RULE VIOLATED: 30 TAC §334.51(a)(6) and the
Code, §26.3475(c)(2), by failing to ensure that all installed spill and
overfill prevention devices are maintained in good operating condition; and
30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing
to ensure that all tanks are monitored for releases; PENALTY: $8,000; ENFORCEMENT
COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 2301 Gravel Drive,
Fort Worth, Texas 76118-6951, (817) 588-5800.
(26) COMPANY: Winkler Water Supply Corporation; DOCKET NUMBER: 2005-0726-PWS-E;
IDENTIFIER: PWS Number 1750023, RN101212017; LOCATION: near Streetman, Navarro
County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(b)(1)
and (f)(4) and THSC, §341.0315(c), by allegedly having exceeded the maximum
contaminant limit for trihalomethanes; PENALTY: $258; ENFORCEMENT COORDINATOR:
Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth,
Texas 76118-6951, (817) 588-5800.
TRD-200503067
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: July 26, 2005
List of Late Filers
Listed below are the names of filers from the Texas Ethics Commission who
did not file reports, or failed to pay penalty fines for late reports in reference
to the listed filing deadline. If you have any questions, you may contact
Robbie Miller at (512) 463-5800 or (800) 325-8506.
Deadline: July Semiannual GPAC/SPAC Report Due July
15, 2004
Barbara Oldenburg, Democratic Party of Collin County, 4101 Whistler, Plano,
Texas 75093
John R. Pitts Jr., Make Texas Proud Committee, 920-B Congress Ave., Austin,
Texas 78701
Deadline: Semiannual GPAC/SPAC Report Due January
18, 2005
John R. Pitts Jr., Make Texas Proud Committee, 920-B Congress Ave., Austin,
Texas 78701
Deadline: Semiannual J/COH Report Due January 18,
2005
Lawrence Allen Jr., 4302 Grapevine, Houston, Texas 77045
Deadline: 8 Days Before an Election Report Due April
29, 2005
Brigido H. Mireles, Citizens for Diversity in Leadership Roles, 6 Timberline
Dr., Round Rock, Texas 78664-9409
Deadline: Monthly Report Due March 7, 2005
William Mahomes, Jr., African American Leadership Council PAC, 900 Jackson
St., Suite 540, Dallas, Texas 75202
Terry R. Boucher, Texas Osteopathic Medical Assn. PAC, 1415 Lavaca St.,
Austin, Texas 78701-1634
Deadline: Monthly Report Due May 5, 2005
Peter Hwang, Houston 80-20, 8300 Bender Rd., Humble, Texas 77396
William Mahomes, Jr., African American Leadership Council PAC, 900 Jackson
St., Suite 540, Dallas, Texas 75202
Deadline: Monthly Report Due June 6, 2005
Peter Hwang, Houston 80-20, 8300 Bender Rd., Humble, Texas 77396
TRD-200503082
David Reisman
Executive Director
Texas Ethics Commission
Filed: July 27, 2005
Request for Grant Applications for the Residential Substance Abuse Treatment Program for State Prisoners
The Governor's Criminal Justice Division (CJD) is soliciting applications
for projects that support substance abuse treatment for offenders for the
federal fiscal year 2006 grant cycle.
Purpose: The purpose of the Residential Substance Abuse Treatment (RSAT)
Program is to provide residential substance abuse treatment projects within
state and local correctional facilities and jail-based substance abuse projects
within jails and local correctional facilities.
Available Funding: Federal funding is authorized for these projects under
the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322, §1901).
A maximum of $3,900,000 is available for federal fiscal year 2006 under this
Request for Grant Applications.
Required Match: Grantees must provide matching funds of at least 25 percent
of the total project expenditures. This requirement must be met through cash
contributions.
Standards: Grantees must comply with the standards applicable to this funding
source cited in the
Texas Administrative Code
,
Title 1, Part 1, Chapter 3, and all statutes, regulations, and guidelines
applicable to this funding.
Prohibitions: Grant funds may not be used to support the following services,
activities, and costs:
(1) rent or building leases (except for lease of space for the delivery
of treatment services such as offices for counselors, group meeting rooms,
etc.);
(2) utilities;
(3) building and lawn maintenance;
(4) insurance;
(5) medical and dental care;
(6) vehicle expenses unless used for treatment purposes;
(7) uniforms for personnel;
(8) training for continuing education and licensing requirements, unless
the grantee pays these costs for all non-RSAT funded personnel;
(9) administrative costs;
(10) construction or land acquisition;
(11) services in a private treatment facility;
(12) indirect costs;
(13) aftercare services provided after release from the facility;
(14) admission fees or tickets to any amusement park, recreational activity
or sporting event;
(15) fundraising;
(16) lobbying;
(17) membership dues for individuals;
(18) overtime pay;
(19) promotional gifts;
(20) proselytizing or sectarian worship;
(21) transportation, lodging, per diem or any related costs for participants,
when grant funds are used to develop and conduct training;
(22) vehicles or equipment for government agencies that are for general
agency use; and
(23) any expense or service that is readily available at no cost to the
grant project or that is provided by other federal, state or local funds (e.g.,
supplanting).
Eligible Applicants:
(1) state agencies operating secure correctional facilities;
(2) counties operating secure correctional facilities; and
(3) community supervision and corrections departments operating community
corrections facilities as defined in the Texas Government Code §509.001
and §509.006.
Requirements:
(1) Projects are required to provide housing, meals, snacks, clothing,
transportation, dental care and medical treatment for offenders in the program;
(2) RSAT funds must be applied to the treatment component only;
(3) Urinalysis or other proven reliable forms of drug and alcohol testing
is required for program participants and former participants while they remain
in the custody of the state or local government;
(4) Projects must focus on the substance abuse problems of the offender
using cognitive, behavioral, social, vocational, and other skills to resolve
the substance abuse and related problems;
(5) Individualized treatment plans must be developed for each offender
when the offender enters the program;
(6) Juvenile projects must comply with the Juvenile Justice and Delinquency
Prevention Act of 2002 (Public Law 107-273, 42 U.S.C. 5601 et seq., as amended);
(7) Projects must work with social service and rehabilitation programs
to place offenders in appropriate aftercare placement when the offenders complete
the program;
(8) Programs should be designed to give priority to offenders that have
six to twelve months remaining in their term of confinement so that they may
be released from jail or prison instead of returning to the general jail or
prison population after completing the treatment program;
(9) No more than ten percent of the award may be used for treatment of
parolees for a period not to exceed one year after release from a state correctional
facility;
(10) Programs operated in local, secure correctional or detention facilities
must last at least six months and no more than 12 months and must provide
treatment in a completely separate facility or a dedicated housing unit within
a facility for the exclusive use by participating offenders; and
(11) Programs offered in jails must last at least three months, be science
based and proven effective, and make every effort to separate the participants
from the general correctional population.
Project Period: Grant-funded projects will begin on or after October 1,
2005, and will expire on or before September 30, 2006.
Application Process: Eligible applicants can download an application kit
from the Office of the Governor's web site address at http://www.governor.state.tx.us/divisions/cjd/formsapps/view.
Preferences: Preference will be given to continuation projects and applicants
who provide aftercare services to project participants. Aftercare services
include the coordination of services between the correctional treatment program
and other human service and rehabilitation programs such as education and
job training, parole supervision, halfway houses, and self-help and peer groups
that support the continued rehabilitation of the offender.
Closing Date for Receipt of Applications: Submit all applications electronically
to the Office of the Governor, Criminal Justice Division via e-mail at cjdapps@governor.state.tx.us
on or before September 6, 2005.
Selection Process: Applications are reviewed by CJD staff members or a
group selected by the Executive Director of CJD. CJD will make all final funding
decisions based on eligibility, strategic approach of the project, availability
of funding, and cost-effectiveness.
Contact Person: If additional information is needed, contact Judy Switzer
at jswitzer@governor.state.tx.us or at (512) 463-1919.
TRD-200503089
David Zimmerman
Assistant General Counsel
Office of the Governor
Filed: July 27, 2005
Notice of Public Hearing
Notice is hereby given of a public hearing to be held by the Texas Department
of Housing and Community Affairs to collect comment on its proposed Section
504 Policy rule. The hearing will be from 2-5 p.m. on Tuesday, August 23,
2005, and will be held in the 4th Floor Board Room of TDHCA, 507 Sabine St.,
Austin, Texas 78701.
The policy draft can be accessed on TDHCA's website by visiting: http://www.tdhca.state.tx.us/pmcomp/index.htm
All interested parties are invited to attend to express their views with
respect to the proposed Section 504 Policy rule. Questions or requests for
additional information may be directed to Michael Lyttle at the Texas Department
of Housing and Community Affairs, 507 Sabine, Austin, Texas 78701; (512) 4475-4542;
and/or michael.lyttle@tdhca.state.tx.us.
Any interested persons unable to attend the hearing may submit their views
in writing to Michael Lyttle prior to the date scheduled for the hearing.
Individuals who require a language interpreter for the hearing should contact
Michael Lyttle at least three days prior to the hearing date. Personas que
hablan español y requieren un intérprete, favor de llamar a
Jorge Reyes al siguiente número (512) 475-4577 por lo menos tres días
antes de la junta para hacer los preparativos apropiados.
Individuals who require auxiliary aids in order to attend this meeting
should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943 or
Relay Texas at (800) 735-2989 at least two days before the meeting so that
appropriate arrangements can be made.
TRD-200503081
Edwina Carrington
Executive Director
Texas Department of Housing and Community Affairs
Filed: July 27, 2005
Notice of Contract Award
The Legislative Budget Board (LBB) announces this notice of contract award.
The original notice of request for proposals (HB7.2005.SPR.0011) was published
in the May 13, 2005, issue of the
Texas Register.
The consultant will advise and assist the LBB in conducting a management
and performance review of the La Marque Independent School District.
The contract is awarded to SDSM, Inc. located at P.O. Box 27619, Austin,
Texas 78755. The total amount of the contract is estimated at $110,000. The
contract was executed on July 11, 2005. The term of the contract is July 11,
2005 until June 30, 2006. The final report is due on or about January 9, 2006.
TRD-200502962
Bill Parr
Assistant Director
Legislative Budget Board
Filed: July 21, 2005
The Legislative Budget Board (LBB) announces the issuance of a Request
for Proposals (RFP # HB7.2005.SPR.0013) from qualified, independent firms
to provide consulting services to the LBB. The successful respondent will
assist the LBB in conducting a management and performance review of the Wharton
Independent School District (WISD). The LBB reserves the right, in its sole
discretion, to award one or more contracts for this review. The successful
respondent(s) will be expected to begin performance of the contract or contracts,
if any, on or about August 29, 2005, or as soon thereafter as practical.
Contact: Parties interested in submitting a proposal should contact Bill
Parr, Assistant Director, Legislative Budget Board, 1501 N. Congress, Fifth
Floor, Austin, Texas 78701, telephone number: (512) 463-1200, to obtain a
copy of the RFP. The LBB will mail copies of the RFP only to those specifically
requesting a copy. The RFP was made available for pick up at the above-referenced
address on July 20, 2005, between 10:00 a.m. and 5:00 p.m., Central Zone Time
(CZT), and during normal business hours thereafter. The LBB also made the
complete RFP available electronically on the Texas Marketplace at: http://esbd.tbpc.state.tx.us
and on the LBB website at http://www.lbb.state.tx.us after 10:00 a.m. CZT,
on July 20, 2005.
Questions: All questions regarding the RFP must be sent via facsimile to
Bill Parr at (512) 475-2902, not later than 2:00 p.m. CZT, on August 1, 2005.
Official responses to questions received by the foregoing deadline will be
posted electronically on the Texas Marketplace and the LBB website no later
than August 2, 2005, or as soon thereafter as practical.
Mandatory Letters of Intent: All potential respondents must submit non-binding
Mandatory Letters of Intent to Propose, which must be received in the issuing
office no later than 2:00 p.m. CZT, on August 8, 2005. Only the proposals
of those respondents who submit a timely Letter of Intent will be considered.
Closing Date: Proposals must be received in the issuing office at the address
specified above no later than 2:00 p.m. CZT, on August 15, 2005. Proposals
received after this time and date will not be considered. Respondents shall
be solely responsible for confirming the timely receipt of proposals.
Evaluation and Award Procedure: All proposals will be subject to evaluation
by a committee based on the evaluation criteria and procedures set forth in
the RFP. The LBB will make the final decision regarding the award of a contract
or contracts. The LBB reserves the right to award one or more contracts under
this RFP.
The LBB reserves the right to accept or reject any or all proposals submitted.
The LBB is under no legal or other obligation to execute any contracts on
the basis of this notice or the distribution of any RFP. The LBB shall not
pay for any costs incurred by any entity in responding to this Notice or the
RFP.
The anticipated schedule of events is as follows:
Issuance of RFP - July 20, 2005, after 10:00 a.m. CZT;
Questions Due - August 1, 2005, 2:00 p.m. CZT;
Official Responses to Questions Posted - August 2, 2005, or as soon thereafter
as practical;
Letters of Intent Due - August 8, 2005, 2:00 p.m. CZT;
Proposals Due - August 15, 2005, 2:00 p.m. CZT;
Contract Execution - August 29, 2005, or as soon thereafter as practical;
Commencement of Project Activities - August 29, 2005, or as soon thereafter
as practical.
TRD-200502963
Bill Parr
Assistant Director
Legislative Budget Board
Filed: July 21, 2005
The Legislative Budget Board (LBB) announces the issuance of a Request
for Proposals (RFP # HB7.2005.SPR.0014) from qualified, independent firms
to provide consulting services to the LBB. The successful respondent will
assist the LBB in conducting a management and performance review of the Edcouch-Elsa
Independent School District (EEISD). The LBB reserves the right, in its sole
discretion, to award one or more contracts for this review. The successful
respondent(s) will be expected to begin performance of the contract or contracts,
if any, on or about September 14, 2005, or as soon thereafter as practical.
Contact: Parties interested in submitting a proposal should contact Bill
Parr, Assistant Director, Legislative Budget Board, 1501 N. Congress, Fifth
Floor, Austin, Texas 78701, telephone number: (512) 463-1200, to obtain a
copy of the RFP. The LBB will mail copies of the RFP only to those specifically
requesting a copy. The RFP was made available for pick up at the above-referenced
address on July 20, 2005, between 10:00 a.m. and 5:00 p.m., Central Zone Time
(CZT), and during normal business hours thereafter. The LBB also made the
complete RFP available electronically on the Texas Marketplace at: http://esbd.tbpc.state.tx.us
and on the LBB website at http://www.lbb.state.tx.us after 10:00 a.m. CZT,
on July 20, 2005.
Questions: All questions regarding the RFP must be sent via facsimile to
Bill Parr at (512) 475-2902, not later than 2:00 p.m. CZT, on August 3, 2005.
Official responses to questions received by the foregoing deadline will be
posted electronically on the Texas Marketplace and the LBB website no later
than August 4, 2005, or as soon thereafter as practical.
Mandatory Letters of Intent: All potential respondents must submit non-binding
Mandatory Letters of Intent to Propose, which must be received in the issuing
office no later than 2:00 p.m. CZT, on August 19, 2005. Only the proposals
of those respondents who submit a timely Letter of Intent will be considered.
Closing Date: Proposals must be received in the issuing office at the address
specified above no later than 2:00 p.m. CZT, on August 31, 2005. Proposals
received after this time and date will not be considered. Respondents shall
be solely responsible for confirming the timely receipt of proposals.
Evaluation and Award Procedure: All proposals will be subject to evaluation
by a committee based on the evaluation criteria and procedures set forth in
the RFP. The LBB will make the final decision regarding the award of a contract
or contracts. The LBB reserves the right to award one or more contracts under
this RFP.
The LBB reserves the right to accept or reject any or all proposals submitted.
The LBB is under no legal or other obligation to execute any contracts on
the basis of this notice or the distribution of any RFP. The LBB shall not
pay for any costs incurred by any entity in responding to this Notice or the
RFP.
The anticipated schedule of events is as follows:
Issuance of RFP - July 20, 2005, after 10:00 a.m. CZT;
Questions Due - August 3, 2005, 2:00 p.m. CZT;
Official Responses to Questions Posted - August 4, 2005, or as soon thereafter
as practical;
Letters of Intent Due - August 19, 2005, 2:00 p.m. CZT;
Proposals Due - August 31, 2005, 2:00 p.m. CZT;
Contract Execution - September 14, 2005, or as soon thereafter as practical;
Commencement of Project Activities - September 14, 2005, or as soon thereafter
as practical.
TRD-200502964
Bill Parr
Assistant Director
Legislative Budget Board
Filed: July 21, 2005
Vacancies on Advisory Board on Barbering
The Texas Department of Licensing and Regulation (Department) announces
vacancies on the Advisory Board on Barbering (Board) established by Texas
Occupations Code, Chapter 1601. The purpose of the Advisory Board on Barbering
is to advise the Texas Commission of Licensing and Regulation and the Department
on: education and curricula for applicants; the content of examinations; proposed
rules and standards on technical issues related to barbering; and other issues
affecting barbering.
The Board is composed of five members appointed by the presiding officer
of the Commission, with the Commission's approval. The Board consists of two
members, each of whom: is engaged in the practice of barbering as a Class
A barber and does not hold a barbershop permit; two members, each of whom:
is a barbershop owner who holds a barbershop permit; and one member who holds
a permit to conduct or operate a barber school. Members serve staggered six-year
terms, with the terms of one or two members expiring on the same date each
odd-numbered year.
This announcement is for the five positions as described above.
Interested persons should request an application from the Texas Department
of Licensing and Regulation by telephone (512) 475-4765, fax (512) 475-2874
or e-mail jackie.revilla@license.state.tx.us. Applications may also be downloaded
from the Department's website at www.license.state.tx.us. Applicants may be
asked to appear for an interview; however any required travel for an interview
would be at the applicant's expense.
TRD-200503075
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Filed: July 26, 2005
The Texas Department of Licensing and Regulation (Department) announces
vacancies on the Advisory Board on Cosmetology (Board) established by Texas
Occupations Code, Chapter 1602. The purpose of the Advisory Board on Cosmetology
is to advise the Texas Commission of Licensing and Regulation and the Department
on: education and curricula for applicants; the content of examinations; proposed
rules and standards on technical issues related to cosmetology; and other
issues affecting cosmetology.
The Board is composed of five members appointed by the presiding officer
of the Commission, with the Commission's approval. The Board consists of one
member who holds a license for a beauty shop that is part of a chain of beauty
shops; one member who holds a license for a beauty shop that is not part of
a chain of beauty shops; one member who holds a private beauty culture school
license; and two members who each hold an operator license. Members serve
staggered six-year terms, with the terms of one or two members expiring on
the same date each odd-numbered year. This announcement is for the five aforementioned
positions.
Interested persons should request an application from the Texas Department
of Licensing and Regulation by telephone (512) 475-4765, fax (512) 475-2874
or e-mail jackie.revilla@license.state.tx.us. Applications may also be downloaded
from the Department's website at www.license.state.tx.us. Applicants may be
asked to appear for an interview; however any required travel for an interview
would be at the applicant's expense.
TRD-200503074
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Filed: July 26, 2005
Instant Game Number 608 "Bee Lucky"
1.0 Name and Style of Game.
A. The name of Instant Game No. 608 is "BEE LUCKY". The play style is "three
in a line".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 608 shall be $1.00 per ticket.
1.2 Definitions in Instant Game No. 608.
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: $1.00, $2.00, $4.00, $5.00, $10.00, $20.00,
$50.00 $100, $1,000, HONEY SYMBOL, HIVE SYMBOL, COMB SYMBOL, SOUND SYMBOL,
BIRD SYMBOL, LEMONADE SYMBOL, STAR SYMBOL, LEAF SYMBOL, WISHBONE SYMBOL, FLOWER
SYMBOL, MAGNIFYING GLASS SYMBOL, SUN SYMBOL, 7 SYMBOL, CLOVER SYMBOL and HORSESHOE
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:
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. These three (3) small letters are for validation purposes
and cannot be used to play the game. The possible validation codes are:
Low-tier winning tickets use the required codes listed in Figure 2:16.
Non-winning tickets and high-tier tickets use a non-required combination of
the required codes listed in Figure 2:16 with the exception of ∅, which
will only appear on low-tier winners and will always have a slash through
it.
F. Serial Number - A unique 13 (thirteen) digit number appearing under
the latex scratch-off covering on the front of the ticket. There is a boxed
four (4) digit Security Number placed randomly within the Serial Number. The
remaining nine (9) digits of the Serial Number are the Validation Number.
The Serial Number is positioned beneath the bottom row of play data in the
scratched-off play area. The Serial Number is for validation purposes and
cannot be used to play the game. The format will be: 0000000000000.
G. Low-Tier Prize - A prize of $1.00, $2.00, $4.00, $5.00, $10.00 or $20.00.
H. Mid-Tier Prize - A prize of $50.00 or $100.
I. High-Tier Prize - A prize of $1,000.
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 (608), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 001 and end with 250 within
each pack. The format will be: 608-0000001-001.
L. Pack - A pack of "BEE LUCKY" Instant Game tickets contains 250 tickets,
packed in plastic shrink-wrapping and fanfolded in pages of five (5). Ticket
001 to 005 will be on the top page; tickets 006 to 010 on the next page; etc.;
and tickets 246 to 250 will be on the last page with backs exposed. Ticket
001 will be folded over so the front of ticket 001 and 010 will be exposed.
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 "BEE
LUCKY" Instant Game No. 608 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 "BEE LUCKY"
Instant Game is determined once the latex on the ticket is scratched off to
expose 10 (ten) Play Symbols. If a player reveals 3 (three) identical play
symbols in any one row either diagonally, vertically or horizontally, the
player wins prize indicated. 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 10 (ten) 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 10 (ten)
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 10 (ten) Play Symbols must be exactly one of those described
in Section 1.2.C of these Game Procedures.
17. Each of the 10 (ten) Play Symbols on the ticket must be printed in
the Symbol font and must correspond precisely to the artwork on file at the
Texas Lottery; the ticket Serial Numbers must be printed in the Serial font
and must correspond precisely to the artwork on file at the Texas Lottery;
and the Pack-Ticket Number must be printed in the Pack-Ticket Number font
and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot
for spot.
B. No more than one occurrence of three like symbols in a row, column or
diagonal.
2.3 Procedure for Claiming Prizes.
A. To claim a "BEE LUCKY" Instant Game prize of $1.00, $2.00, $4.00, $5.00,
$10.00, $20.00, $50.00 or $100, a claimant shall sign the back of the ticket
in the space designated on the ticket and present the winning ticket to any
Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim
and, if valid, and upon presentation of proper identification, make payment
of the amount due the claimant and physically void the ticket; provided that
the Texas Lottery Retailer may, but is not, in some cases, required to pay
a $50.00 or $100 ticket. In the event the Texas Lottery Retailer cannot verify
the claim, the Texas Lottery Retailer shall provide the claimant with a claim
form and instruct the claimant on how to file a claim with the Texas Lottery.
If the claim is validated by the Texas Lottery, a check shall be forwarded
to the claimant in the amount due. In the event the claim is not validated,
the claim shall be denied and the claimant shall be notified promptly. A claimant
may also claim any of the above prizes under the procedure described in Section
2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "BEE LUCKY" Instant Game prize of $1,000, the claimant must
sign the winning ticket and present it at one of the Texas Lottery's Claim
Centers. If the claim is validated by the Texas Lottery, payment will be made
to the bearer of the validated winning ticket for that prize upon presentation
of proper identification. When paying a prize of $600 or more, the Texas Lottery
shall file the appropriate income reporting form with the Internal Revenue
Service (IRS) and shall withhold federal income tax at a rate set by the IRS
if required. In the event that the claim is not validated by the Texas Lottery,
the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "BEE LUCKY" 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 Health and Human Services Commission
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 "BEE LUCKY"
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 "BEE LUCKY" 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 prizes in a game is approximate based on
the number of tickets ordered. The number of actual prizes available in a
game may vary based on number of tickets manufactured, testing, distribution,
sales and number of prizes claimed. 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 13,200,000
tickets in the Instant Game No. 608. The approximate number and value of prizes
in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery Commission.
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. 608 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. 608,
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-200503078
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: July 26, 2005
Notice of Application for a Certificate of Convenience and Necessity for Service Area Boundaries within Jack County
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application filed on July 15, 2005, for service area exception
within Jack County, Texas.
Docket Style and Number: Application of Fort Belknap Electric Cooperative,
Incorporated (FBEC) for a Certificate of Convenience and Necessity for Service
Area Boundaries for a Service Area Exception within Jack County. Docket Number
31359.
The Application: FBEC requested a service area exception to allow it to
provide electric service to a single customer, Mr. Jeral Massey. FBEC has
requested that Texas New Mexico Power Company (TNMP) agree to a service area
exception to allow for FBEC to serve Mr. Massey because FBEC has facilities
closest to the site. FBEC and TNMP agree to the service area exception.
Persons wishing to comment on the action sought or intervene should contact
the Public Utility Commission of Texas no later than August 15, 2005 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
31359.
TRD-200503064
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 25, 2005
Notice is given to the public of an application filed on July 21, 2005,
with the Public Utility Commission of Texas, for an amendment to a certificated
service area boundary.
Docket Style and Number: Application of Southwestern Bell Telephone, L.P.,
doing business as SBC Texas, to Amend Certificate of Convenience and Necessity
to Modify the Service Area Boundary of the Royse City Exchange (SBC Texas)
and the Quinlan Exchange (Verizon). Docket Number 31390.
The Application: This minor boundary amendment is being requested to revise
the boundary between two new subdivisions, Sandy Creek and Hidden Meadows,
being developed along County Road 2546 in order that both subdivisions are
served by one company. If granted, all of Sandy Creek will be within the serving
area of Verizon, and all of Hidden Meadows will be in the serving area of
SBC Texas. Verizon has provided a letter of concurrence for the proposed change.
Persons wishing to comment on the action sought or intervene should contact
the Public Utility Commission of Texas by August 15, 2005, 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 31390.
TRD-200503060
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 25, 2005
Notice is given to the public of an application filed on July 21, 2005,
with the Public Utility Commission of Texas, for an amendment to a certificated
service area boundary.
Docket Style and Number: Application of Southwestern Bell Telephone, L.P.,
doing business as SBC Texas to Amend Certificate of Convenience and Necessity
to Modify the Service Area Boundary of the North Richland Hills Zone (SBC
Texas) and the Grapevine Exchange (Verizon). Docket Number 31391.
The Application: This minor boundary amendment is being requested to revise
the boundary between the North Richland Hills Zone (Dallas Metropolitan Exchange)
of SBC Texas and the Grapevine Exchange of Verizon. The proposed boundary
will realign the boundary to allow SBC Texas to serve all buildings on the
premises of the Pleasant Run Baptist Church. Verizon has provided a letter
of concurrence for the proposed change.
Persons wishing to comment on the action sought or intervene should contact
the Public Utility Commission of Texas by August 15, 2005, 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 31391.
TRD-200503061
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 25, 2005
Notice is given to the public of an application filed with the Public Utility
Commission of Texas on July 15, 2005, for designation as an eligible telecommunications
carrier (ETC) pursuant to P.U.C. Substantive Rule §26.418.
Docket Title and Number: Application of Budget Phone, Inc. for Designation
as an Eligible Telecommunications Carrier (ETC) Pursuant to P.U.C. Substantive
Rule §26.418. Docket Number 31364.
The Application: Budget Phone, Inc. is requesting ETC designation in order
to be eligible to receive federal universal service funding to assist it in
providing universal service in Texas. Pursuant to 47 U.S.C. §214(e),
the commission, either upon its own motion or upon request, shall designate
qualifying common carriers as ETCs and ETPs for service areas set forth by
the commission. Budget Phone, Inc. seeks ETC designation in the Southwestern
Bell, Sprint/United Telephone Company of Texas, Inc., and Verizon SW exchanges.
Budget Phone, Inc. holds Service Provider Certificate of Operating Authority
Number 60231.
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
August 15, 2005. 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 31364.
TRD-200503017
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 25, 2005
Notice is given to the public of an application filed with the Public Utility
Commission of Texas on July 22, 2005, to amend designation as an eligible
telecommunications carrier and eligible telecommunications provider.
Docket Title and Number: Application of DIALTONESERVICES, L.P. (DTS) to
Amend its Designation as an Eligible Telecommunications Carrier and an Eligible
Telecommunications Provider to Include Certain Exchanges Served by Valor Telecommunications
of Texas, L.P. (Valor) and Sprint/United Telephone Company of Texas (Sprint).
Docket Number 31399.
The Application: DIALTONESERVICES, L.P. is seeking to amend its designation
as an eligible telecommunications carrier and as an eligible telecommunications
provider pursuant to P.U.C. Substantive Rule §26.418 and §26.417
respectively, to provide service in designated exchanges served by Valor and
Sprint.
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
August 22, 2005. 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 31399.
TRD-200503070
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 26, 2005
Notice is given to the public of an application filed by Cameron Telephone
Company, LLC-Texas (Cameron) with the Public Utility Commission of Texas (commission)
on July 19, 2005 to make a tariff rate change.
Docket Title and Number: Application of Cameron Telephone Company, LLC-Texas
for Approval of a Minor Rate Change Pursuant to P.U.C. Substantive Rule §26.171.
Tariff Control Number 31374.
The Application: Cameron requests approval of a minor rate increase of
10% in its basic local service rate for business and residential customers
in the following exchanges: Nome Exchange Area (253), High Island Exchange
Area (286), and Gilchrist Exchange Area (286). The proposed effective date
of this increase is November 1, 2005.
For a copy of the proposed tariffs or for further information regarding
this application, customers should contact Cameron Telephone Company, LLC-Texas
at Attn: Regulatory Department, P.O. Box 167, Sulphur, LA 70664-0167 or call
(337) 583-2111 during regular business hours.
Customers have a right to petition the commission for a review of this
application. If the commission receives a complaint relating to the proposed
change from either an affected intrastate access customer or a group of affected
intrastate access customers that, the preceding 12 months, the company billed
more than 10% of its total intrastate gross access revenues, the application
will be docketed. The deadline to comment or request to intervene in this
proceeding is September 30, 2005. Persons wishing to comment or intervene
should contact the Public Utility Commission of Texas, Customer Protection
Division, P.O. Box 13326, Austin, Texas 78711-3326 or call the commission
at (512) 936-7120 or in Texas (toll-free) at 1-888-782-8477. Hearing-and speech-
impaired individuals with text telephones (TTY) may contact the commission
at (toll-free) 1-800-735-2988.
TRD-200503059
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 25, 2005
Notice is given to the public of the filing with the Public Utility Commission
of Texas of a petition on July 22, 2005, for waiver of denial by the North
American Numbering Plan Administration (NANPA) Pooling Administrator (PA)
of Sprint Communications Company L.P.'s (Sprint) request for two 1,000-blocks
in the Spring rate center.
Docket Title and Number: Petition of Sprint Communications Company L.P.
for Waiver of NeuStar Denial of Number Block Request in Spring Rate Center.
Docket Number 31402.
The Application: Sprint submitted a petition to the Pooling Administrator
(PA) to provide it with two 1,000-blocks in the Spring 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
August 10, 2005. 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 31402.
TRD-200503071
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 26, 2005
The Public Utility Commission of Texas (commission or PUCT) is issuing
a Request for Proposals (RFP) for the provision of call center and fulfillment
services for the Texas Electric Choice Campaign. This RFP is being undertaken
pursuant to the commission's statutory responsibility as provided for in the
Public Utility Regulatory Act (PURA) §39.902(a) and (c).
To be considered, the proposals must arrive at the PUCT on or before the
deadline stated on the RFP. This deadline is available on the PUCT website
(www.puc.state.tx.us). The vendor must be prepared to commence service on
September 1, 2005.
Entities that meet the definition of a historically underutilized business
(HUB), as defined in Chapter 2161, Texas Government Code, §2161.001,
are encouraged to submit a proposal.
Project Description
. This RFP contains two
basic services for which a vendor is needed: (1) services necessary to set
up and operate a call center to handle inbound inquiries about electric choice
in Texas, including, but not limited to, all equipment, labor, programming
costs, and customer service representative training, and (2) services necessary
to set up and provide fulfillment of educational materials in response to
customer inquiries received via telephone, mail, and the Internet. The commission
will provide the vendor with the use of its toll-free 1-866-797-4839 telephone
number and the Texas Electric Choice materials to be distributed to Texas
customers upon request.
Selection Criteria
. A proposal will be selected
based on the ability of the proposer to provide the best value to the state.
In addition to the proposer's ability to carry out all of the requirements
contained in this RFP and demonstrated competence and qualifications of the
proposer, the reasonableness of the proposed fee will be considered.
Requesting the Proposal
. A complete copy
of the RFP may be obtained by written request to Ben Delamater, Purchaser,
Public Utility Commission of Texas, William B. Travis Building, 1701 North
Congress Avenue, Austin, TX 78701, or by fax (512) 936-7058, or by e-mail
ben.delamater@puc.state.tx.us. You may also download the RFP from the PUC
website www.puc.state.tx.us, under Hot Topic Briefs, and from the Electronic
Business Daily website sponsored by the Texas Department of Economic Development
at http://esbd.tbpc.state.tx.us.
Deadline for Receipt of Proposals
. Proposals
must be received on or before the deadline stated on the RFP in the Public
Utility Commission of Texas Central Records. Proposals received after the
deadline will not be considered. Proposals may be received in Central Records
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except on holidays.
In determining the time and date of receipt, the commission will rely solely
on the time/date stamp of Central Records.
TRD-200503088
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 27, 2005
Request for Proposals
Notice of Request for Proposals from Certified Public Accountants to provide
audit and other professional services for the Texas Life, Accident, Health
and Hospital Service Insurance Guaranty Association (the "Association").
Requesting the Proposal. A complete copy of the RFP may be obtained by
writing Marvin Coffman, Texas Life, Accident, Health and Hospital Service
Insurance Guaranty Association, 6504 Bridge Point Parkway, Suite 450, Austin,
Texas 78730, telephone number: (512) 476-5101.
Schedule of Events. To be considered for this engagement, your firm must
meet the qualifications and satisfy the requirements set forth in the RFP.
All inquiries concerning the RFP must be received by August 8, 2005. Please
indicate your intent to submit a proposal by submitting a written Notification
of Interest. The Notification of Interest is a pre-requisite to submitting
a proposal. The Notification may be faxed to Marvin Coffman by August 8, 2005
at fax number: (512) 472-1470.
Further Information. Firms that wish to submit a proposal and wish to obtain
additional information related to the Association and its operations may schedule
interviews/conferences with Marvin Coffman. Meetings will be at the offices
of Texas Life, Accident, Health and Hospital Service Insurance Guaranty Association
at 6504 Bridge Point Parkway, Suite 450, Austin, Texas 78730, between 8:00
a.m. and 4:00 p.m. (CZT).
Deadline for Receipt of Proposals. Five (5) copies of the completed proposal
must be received by 5:00 p.m. (CZT) on September 6, 2005. Please limit your
proposal to twenty-five (25) pages, including any appendices that you deem
pertinent.
Evaluation and Award Procedure: All proposals will be subject to evaluation
by the Audit Committee of the Association. The selection and awarding of a
contract will be based on criteria and procedures set forth in the RFP; including
ability to provide the requested services, demonstrated competence and experience,
and the reasonableness of the proposed fees. The Audit Committee reserves
the right to accept or reject any or all proposals submitted and is under
no legal obligation to execute any contracts on the basis of this notice or
the distribution of any RFP. The Audit Committee shall pay no costs incurred
by any entity responding to this Notice or the RFP. Selection of a firm will
be made during the third week of October 2005. Certain firms may be interviewed
at that time. You will be notified in advance if your company is requested
to make a presentation.
TRD-200503018
Bart A. Boles
Executive Director
Texas Life, Accident, Health and Hospital Service Insurance Guaranty Association
Filed: July 25, 2005
Notice of Award
In accordance with Government Code, Chapter 2254, Subchapter B, the Texas
Department of Transportation publishes this notice of a consultant contract
award for providing Maintenance Division Business Requirement Development
services. The request for proposal for Maintenance Division Business Requirement
Development services was published in the
Texas Register
on February 4, 2005 (30 TexReg 617).
The consultant will develop and document functional requirements for a
new maintenance management application. Based on the requirements, the consultant
will also propose and document alternative solutions for the new system. The
requirements and alternative solutions will be used to determine the feasibility
of replacing the current Maintenance Management Information System (MMIS)
with a new system which will extend the functionality of the existing application.
The selected consultant for these services is Dye Management Group, Inc.,
City Center Bellevue, Suite 1700, 500 108th Avenue NE, Bellevue, WA 98004.
The total value of the contract is $365,124 and the contract work period started
on July 19, 2005, and will continue until March 31, 2006. The final report
is to be submitted on or before March 31, 2006.
For information concerning this notice, please contact Janice Mullenix,
Contract Services, Texas Department of Transportation, 125 East 11th St.,
Austin, Texas 78701, (512) 463-1970.
TRD-200503039
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: July 25, 2005
Pursuant to Transportation Code, §21.111, and Title 43, Texas Administrative
Code, §30.209, the Texas Department of Transportation conducts public
hearings to receive comments from interested parties concerning proposed approval
of various aviation projects.
For information regarding actions and times for aviation public hearings,
please go to the following web site:
http://www.dot.state.tx.us
. Click on Aviation, then click on Aviation Public Hearing. Or, contact
Joyce Moulton, Aviation Division, 150 East Riverside, Austin, Texas 78704,
(512) 416-4501 or 800-68-PILOT.
TRD-200503040
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: July 25, 2005
Texas Department of Agriculture
Texas Building and Procurement Commission
Coastal Coordination Council
Comptroller of Public Accounts
Public Notice of Court Costs and Fees
Office of Consumer Credit Commissioner
Texas Commission on Environmental Quality
Notice of District Petition
Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions
Notice of Public Meeting on Thursday, September 15, 2005, at Pershing Elementary School in San Antonio, Concerning the Phipps Plating State Superfund Site
Notice of Water Quality Applications
Notice of Water Rights Application
Proposed Enforcement Orders
Texas Ethics Commission
Office of the Governor
Texas Department of Housing and Community Affairs
Legislative Budget Board
Notice of Request for Proposals
Notice of Request for Proposals
Texas Department of Licensing and Regulation
Vacancies on Advisory Board on Cosmetology
Texas Lottery Commission
Public Utility Commission of Texas
Notice of Application for Amendment to Certificated Service Area Boundary
Notice of Application for Amendment to Certificated Service Area Boundary
Notice of Application for Designation as an Eligible Telecommunications Carrier Pursuant to P.U.C. Substantive Rule §26.418
Notice of Application to Amend Designation as an Eligible Telecommunications Carrier and Eligible Telecommunications Provider
Notice of Filing Made for a Tariff Rate Change Pursuant to P.U.C. Substantive Rule §26.171
Notice of Petition for Waiver of Denial of Request for NXX Code
Request for Proposals for the Provision of Call Center and Fulfillment Services for the Texas Electric Choice Campaign
Texas Life, Accident, Health and Hospital Service Insurance Guaranty Association
Texas Department of Transportation
Public Notice - Aviation
The University of Texas System