TCEQ Internal Control No. 06132005-D03; Sugar Land Ranch Development L.L.C. and Hillsboro Estates L.L.C. (Petitioners) filed a petition for creation of Fort Bend County Municipal Utility District No. 126 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioners are the owner of a majority in value of the land to be included in the proposed District; (2) there are two lien holders, International Commercial Bank of China and SHK Pacific, ltd., on the property to be included in the proposed District, and the Petitioners have provided the TCEQ with certificates evidencing their consent to the creation of the proposed District; (3) the proposed District will contain approximately 661.2 acres located within Fort Bend County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Sugar Land, Texas, and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. By Resolution No. 03-11, effective February 18, 2003, the City of Sugar Land, 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. The Submitted creation application also requested approval of a fire protection plan for the proposed District. According to the petition, the Petitioners have conducted a preliminary investigation to determine the cost of the project, and from the information available at the time, the cost of the project is estimated to be approximately $20,300,000.

TCEQ Internal Control No. 06162005-D05; Sugar Land Ranch Development L.L.C. and Hillsboro Estates L.L.C. (Petitioners) filed a petition for creation of Fort Bend County Municipal Utility District No. 127 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioners are the owner of a majority in value of the land to be included in the proposed District; (2) there are two lien holders, International Commercial Bank of China and Ayala Capital Corp., on the property to be included in the proposed District, and the Petitioners have provided the TCEQ with certificates evidencing their consent to the creation of the proposed District; (3) the proposed District will contain approximately 518.29 acres located within Fort Bend County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Sugar Land, Texas, and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. By Resolution No. 03-12, effective February 18, 2003, the City of Sugar Land, 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. The submitted creation application also requested approval of a fire protection plan for the proposed District. According to the petition, the Petitioners have conducted a preliminary investigation to determine the cost of the project, and from the information available at the time, the cost of the project is estimated to be approximately $26,900,000. TCEQ Internal Control No. 06132005-D06; Hillsboro Estates, L.L.C. (Petitioner) filed a petition for creation of Fort Bend County Municipal Utility District No.128 (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 are two lien holders, The International Commercial Bank of China and Ayala Capital Corp., on the property to be included in the proposed District, and the Petitioner have provided the TCEQ with certificates evidencing their consent to the creation of the proposed District; (3) the proposed District will contain approximately 670.72 acres located within Fort Bend County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Sugar Land, Texas, and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. By Resolution No. 03-13, effective February 18, 2003, the City of Sugar Land, 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. The submitted creation application also requested approval of a fire protection plan for the proposed District. 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 $44,300,000.

TCEQ Internal Control No. 05262005-D10; Perry Homes and US 59/Reading 108, Ltd. (Petitioners) filed a petition for creation of Municipal Utility District No. 159 of Fort Bend 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 Petitioners are the owner of a majority in value of the land to be included in the proposed District; (2) there is one lien holder, OmniBank, N.A., on the property. to be included in the proposed District, and the Petitioners have provided the TCEQ with a certificate evidencing its consent to the creation of the proposed District; (3) the proposed District will contain approximately 148.47 acres located within Fort Bend County, Texas; and (4) the proposed District is within the corporate boundaries of the City of Rosenberg, 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. 2005-10, effective May 17, 2005, the City of Rosenberg, 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 $7,020,000.

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-200503324

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 10, 2005

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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is September 19, 2005 . The commission will consider any written comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate a proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on September 19, 2005 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, comments on the DOs should be submitted to the commission in writing .

(1) COMPANY: DeGar Fuel Systems, Inc.; DOCKET NUMBER: 2004-1264-PST-E; TCEQ ID NUMBERS: 1146 and RN104188198; LOCATION: 23248 Woody Lane, Porter, Montgomery County, Texas; and 3719 Lockwood Drive, Houston, Harris County, Texas; TYPE OF FACILITY: underground storage tank (UST) contractor; RULES VIOLATED: 30 TAC §334.401(a) (now §334.401(b), adopted to be effective December 17, 2001, 26 TexReg 10378) and TWC, §37.003 and 37.006(e), by installing a UST system at the facility without a TCEQ contractor registration; PENALTY: $1,000; STAFF ATTORNEY: Ashley Kever, Litigation Division, MC 175, (512) 239-2987; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY: Khail Enterprises, Inc.; DOCKET NUMBER: 2003-0983-PST-E; TCEQ ID NUMBERS: 42171 and RN101433340; LOCATION: 5304 Highway 3, Dickinson, Galveston County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.246(1), (3) - (7)(A) and Texas Health and Safety Code (THSC), §382.085(b), by failing to maintain and make available the following: 1) a copy of the California Air Resources Board Executive Order; 2) a record of any maintenance conducted on Stage II equipment; 3) proof of attendance and completion of Stage II training for all employees; 4) a record of the results of testing conducted at the station; and 5) a record of the results of daily inspections conducted at the station; PENALTY: $1,100; STAFF ATTORNEY: Justin Lannen, Litigation Division, MC R-4, (817) 588-5927; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3) COMPANY: Mohammed Hossain dba Food Plus 2; DOCKET NUMBER: 2004-1261-PST-E; TCEQ ID NUMBERS: 39434; LOCATION: 9206 Bruton Road, Dallas, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.49(c)(4) and TWC, §26.3475(d), by failing to inspect and test the corrosion protection system on the USTs, within three to six months after the installation of the corrosion protection system and at a subsequent frequency of at least once every three years; 30 TAC §37.815(a) and (b), by failing to demonstrate financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases from the operation of petroleum USTs; 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor USTs for releases at least once per month (not to exceed 35 days between each monitoring); 30 TAC §334.8(c)(5)(B)(ii) and TWC, §26.346(a), by failing to renew a fuel delivery certificate by timely and proper submission of a new UST storage tank registration and self-certification form to the TCEQ; and 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ fuel delivery certificate before delivery of a regulated substance into the USTs; PENALTY: $25,380; STAFF ATTORNEY: Justin Lannen, Litigation Division, MC R-4, (817) 588-5927; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-200503310

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: August 9, 2005

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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is September 19, 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 19, 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: Bar-G-Store, Inc.; DOCKET NUMBER: 2004-1756-PST-E; TCEQ ID NUMBER: 58800; LOCATION: 1926 State Highway 159, La Grange, Fayette County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to provide acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases from the operation of petroleum underground storage tanks (USTs); PENALTY: $2,800; STAFF ATTORNEY: Courtney St. Julian, Litigation Division, MC 175, (512) 239-0617; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(2) COMPANY: Chevron Phillips Chemical Company, LP; DOCKET NUMBER: 2005-0007-AIR-E; TCEQ ID NUMBER: RN103919817; LOCATION: 9500 Interstate Highway 10 East, Baytown, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing plant; RULES VIOLATED: Texas Health and Safety Code (THSC), §382.085(b), 30 TAC §116.115(c), and New Source Review Air Permit Number 37063, Special Condition 1, Maximum Allowable Emission Rate Table, by failing to limit emissions in the Normal Alpha Olefin Unit 1797 from two block valves (EPN F-130) and the SYS-740 Flare (EPN 136), to those limited by the permit; PENALTY: $4,350; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3) COMPANY: City of Newark; DOCKET NUMBER: 2003-0014-MWD-E; TCEQ ID NUMBERS: 11626-001 and RN1022687984; LOCATION: on the east bank of Derrett Creek immediately south of Newark Beach Road Bridge, approximately 850 feet west of the intersection of Roger Road and Berke Street, Newark, Wise County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULES VIOLATED: 30 TAC §305.125(1), Texas Pollutant Discharge Elimination System (TPDES) Permit Number 11626-001 (Effluent Limitations and Monitoring Requirements Number 1), and TWC, §26.121(a), by failing to comply with the permitted effluent limits for carbonaceous biochemical oxygen demand, ammonia nitrogen (NH3), and dissolved oxygen (DO); 30 TAC §305.125(1), TPDES Permit Number 11626-001 (Effluent Limitations and Monitoring Requirements Number 1), and TWC, §26.121(a), by failing to comply with the permitted effluent limits for NH3, five-day biochemical oxygen demand, and DO; PENALTY: $17,500; STAFF ATTORNEY: Alfred Okpohworho, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(4) COMPANY: City of Pecan Gap; DOCKET NUMBER: 2003-1258-MWD-E; TCEQ ID NUMBERS: 0010744-001 and RN101608990; LOCATION: 3rd and Main, Pecan Gap, Delta County, Texas; TYPE OF FACILITY: domestic wastewater treatment system; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a), and TPDES Permit Number 0010744-001, by failing to comply with the permitted effluent limits for total suspended solids and biological oxygen demand; PENALTY: $4,955; STAFF ATTORNEY: Alfred Okpohworho, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(5) COMPANY: Layne Bales; DOCKET NUMBER: 2005-0098-LII-E; TCEQ ID NUMBERS: 0011247 and RN103987061; LOCATION: 330 Sollock Drive and 700 West Hondo Avenue, Devine, Medina County, Texas; TYPE OF FACILITY: installer of landscape irrigation systems; RULES VIOLATED: 30 TAC §344.58(c), by failing to prohibit someone who was not a licensed irrigator from using his irrigator license; and 30 TAC §334.96, by failing to present customers with a written statement of guarantee for materials and labor furnished in the installation of the irrigation systems at the sites; PENALTY: $1,000; STAFF ATTORNEY: Kathleen Decker, Litigation Division, MC 175, (512) 239-6500; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(6) COMPANY: Mike Campo; DOCKET NUMBER: 2004-1332-MLM-E; TCEQ ID NUMBERS: BH-0016-A and RN102568581; LOCATION: 2467 Hidden Valley Ranch Road, Johnson City, Blanco County, Texas; TYPE OF FACILITY: private residence; RULES VIOLATED: 30 TAC §330.50(c), by dumping unauthorized waste on his property; and 30 TAC §111.201 and THSC, §382.085(b), by conducting unauthorized burning on his property; PENALTY: $1,050; STAFF ATTORNEY: Ann Skowronski, Litigation Division, MC 175, (512) 239-2497; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(7) COMPANY: Sardinia, Inc. dba Market Ace 4; DOCKET NUMBER: 2004-0671-PST-E; TCEQ ID NUMBERS: 8065 and RN102979986; LOCATION: 520 West Florida Avenue, Beaumont, Jefferson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.49(a) and TWC, §26.3475(d), by failing to equip its USTs with a method of corrosion protection; 30 TAC §334.49(c)(4)(C) and TWC, §26.3475(d), by failing to inspect and test the corrosion protection system for operability and adequacy of protection within three to six months after installation and once every three years thereafter; 30 TAC §334.49(c)(2)(C) and TWC, §26.3475(d), by failing to check the cathodic protection rectifier at least once every 60 days to determine if the impressed current system is operating properly; 30 TAC §334.8(c)(5)(C), by failing to physically label all tank fill pipes according to the registration and self-certification form; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II vapor recovery system at least once every 12 months; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to conduct Stage II recovery triennial testing within the required time frame; 30 TAC §115.242(3) and THSC, §382.085(b), by failing to maintain the Stage II vapor recovery system in proper operating condition and free of defects that would impair the effectiveness of the system; and 30 TAC §115.242(5) and THSC, §382.085(b), by failing to, upon discovery of the defects, remove from service all dispensing equipment for which vapor has been impaired until repairs are conducted; PENALTY: $21,150; STAFF ATTORNEY: Amie Richardson, Litigation Division, MC 175, (512) 239-2999; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(8) COMPANY: William Head dba Bill Head Enterprise and dba Silver Spur Truck Stop; DOCKET NUMBER: 2002-0561-PST-E; TCEQ ID NUMBERS: 20001 and RN101687978; LOCATION: 2705 North Cage, Pharr, Hidalgo County, Texas; TYPE OF FACILITY: truck stop with retail sales of petroleum products; RULES VIOLATED: 30 TAC §334.50(b)(2)(A) and (i)(III), and TWC, §26.3475(a), by failing to monitor the UST piping in a manner which will detect a release from any portion of the piping system, and by failing to perform an annual performance test on the line leak detectors at least once per year for performance and operational reliability; 30 TAC §334.8(c)(4)(B) and (5)(C) and TWC, §26.346(a), by failing to ensure that the UST registration and self-certification form was fully and accurately completed and submitted to the agency in a timely manner, and by failing to permanently tag, label, or mark the UST system with an identification number that is identical to the UST identification number listed on the UST registration and self-certification form; 30 TAC §334.10(b)(1)(A), by failing to develop and maintain all required records pertaining to the UST system; and TWC, §26.121, by failing to prevent an unauthorized discharge into the surface waters in the state; PENALTY: $30,000; STAFF ATTORNEY: James Biggins, Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(9) COMPANY: Wiltshire Brothers, Inc. dba Perfect Lawns of Austin; DOCKET NUMBER: 2003-1538-IRR-E; TCEQ ID NUMBERS: 11163 and RN104067129; LOCATION: 2521 Cuernavaca Drive, Austin, Travis County; TYPE OF FACILITY: lawn maintenance, landscaping, and irrigation company; RULES VIOLATED: 30 TAC §30.5(b), by failing to hold a current irrigator license or employ individuals who hold current licenses prior to advertising or representing to the public that Wiltshire can perform services as an irrigator for which a license or registration was required; PENALTY: $263; STAFF ATTORNEY: Kathleen Decker, Litigation Division, MC 175, (512) 239-6500; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(10) COMPANY: Woodward Trading, Inc.; DOCKET NUMBER: 2004-0903-AGR-E; TCEQ ID NUMBER: RN104282892; LOCATION: 1026 Culwell Street, San Angelo, Tom Green County, Texas; TYPE OF FACILITY: unpermitted animal feeding operation; RULES VIOLATED: TWC, §26.121(a)(1) and 30 TAC §321.31(a), by failing to prevent unauthorized discharges of waste-contaminated storm water from an unpermitted animal feeding operation into, or adjacent to, any water in the state; and 30 TAC §321.33(e) (now 30 TAC §321.33(i) and §321.47 (amended to be effective July 15, 2004, 29 TexReg 6652), by failing to adequately locate, construct, and manage waste control facilities required under the technical requirements found in 30 TAC §§321.38 - 321.40; PENALTY: $10,000; STAFF ATTORNEY: Ashley Kever, Litigation Division, MC 175, (512) 239-2987; REGIONAL OFFICE: San Angelo Regional Office, 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

TRD-200503309

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: August 9, 2005

Proposal for Decision

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on August 1, 2005, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Dale M. Hightower, Jr.; SOAH Docket No. 582-05-4875; TCEQ Docket No. 2004-0344-WQ-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Dale M. Hightower, Jr. on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Paul Munguia, Office of the Chief Clerk, (512) 239-3300.

TRD-200503326

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 10, 2005

Proposal for Decision

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on August 4, 2005, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Melvin Williams dba Shelby Trash Service SOAH Docket No. 582-05-3122; TCEQ Docket No. 2004-0689-MSW-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Melvin Williams dba Shelby Trash Service on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Paul Munguia, Office of the Chief Clerk, (512) 239-3300.

TRD-200503327

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 10, 2005

Office of the Governor

Request for Grant Applications (RFA) for the Coverdell Forensic Sciences Program

The Governor’s Criminal Justice Division (CJD) is soliciting applications to improve the quality and timeliness of forensic science and medical examiner services for the federal fiscal year 2006 grant cycle.

Purpose: The purpose of the projects is to improve the quality, timeliness, and credibility of forensic science services for criminal justice purposes.

Available Funding: Federal funding is authorized under the Consolidated Appropriations Act, 2005 (Pub. L. No. 108-447). A maximum of $700,000 is available for federal fiscal year 2006 under this RFA.

Required Match: No match is required for this program.

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 for the following services, activities and costs:

(1) expenses for general law enforcement or non-forensic investigatory functions;

(2) construction or renovations costs;

(3) land acquisition;

(4) indirect costs;

(5) administrative costs;

(6) admission fees or tickets to any amusement park, recreational activity or sporting event;

(7) food, meals, beverages, or other refreshments unless the expense is for a working event where full participation by participants mandates the provision of food and beverages and the event is not related to amusement and/or social activities in any way;

(8) fundraising;

(9) lobbying;

(10) membership dues for individuals;

(11) promotional gifts;

(12) transportation, lodging, per diem or any related costs for participants when grant funds are used to develop and conduct training;

(13) vehicles or equipment for government agencies that are for general agency use; and

(14) 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: State agencies and local units of government that operate the following

(1) laboratories currently accredited by the Laboratory Accreditation Board of the American Society of Crime Laboratory Directors, the National Association of Medical Examiners, or other accrediting bodies; and

(2) unaccredited laboratories that have formally applied for accreditation.

Requirements: Applicants must comply with the following:

(1) be accredited or have applied for accreditation;

(2) comply with state regulations and rules for accreditation promulgated by the Texas Department of Public Safety in the Texas Administrative Code , Title 37, Part 1, Chapter 28, Subchapter H;

(3) comply with state regulations for reporting misconduct or professional negligence to the Texas Forensic Science Commission, Texas Code of Criminal Procedure , Article 38.01;

(4) use generally accepted laboratory practices and procedures established by accrediting organizations or appropriate certifying bodies;

(5) assure that all project personnel comply with 28 C.F.R. Part 22 regarding protection of personally identifiable information that may be collected for research or statistical purposes;

(6) ensure contractors comply with all applicable rules and regulations;

(7) use funds for one or more of the following purposes:

(a) improve the quality and timeliness of forensic services;

(b) eliminate a backlog in the analysis of forensic science evidence, including firearms examinations, latent prints, toxicology, controlled substances, forensic pathology, questionable documents, and trace evidence. A backlog exists if forensic evidence has been stored in a laboratory, medical examiner’s office, coroner’s office, law enforcement storage facility, or medical facility, and has not been subjected to all appropriate forensic testing because of a lack of resources or personnel;

(8) allowable uses of funds are limited to the following:

(a) personnel including overtime, fellowships, visiting scientists, interns, consultants or contracted staff;

(b) computerization including funds to upgrade, replace, lease or purchase computer hardware and software for forensic analyses and data management;

(c) laboratory equipment including the upgrade, replacement, lease or purchase of laboratory or medical examiner equipment and instrumentation;

(d) supplies;

(e) accreditation, including the preparation for laboratory accreditation by the American Society of Crime Laboratory Directors/Laboratory Accreditation Board (ASCLD-LAB), the National Association of Medical Examiners (NAME), or other appropriate accrediting bodies, and the application and maintenance fees charged by accrediting bodies;

(f) education, training, and certification including external and internal training of staff that are directly and substantially involved in providing forensic science or medical examiner services. Training must be designed to improve the quality and/or timeliness of forensic science or medical examiner services and the applicant must demonstrate that the proposed training or certification is directly related to the job position and duties of the individual receiving the training or seeking accreditation.

Project Period: Grant funded projects will begin on November 1, 2005, and will expire on or before August 31, 2006.

Application Process: Eligible applicants can download an application kit from the Office of the Governor’s website address at http://www.governor.state.tx.us/divisions/cjd/formsapps/view.

Preferences: Preference will be given to projects that support training and personnel costs.

Closing Date for Receipt of Applications: Submit all applications electronically to the Office of the Governor, Criminal Justice Division via email at cjdapps@governor.state.tx.us on or before September 16, 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 the requirements established in the Texas Administrative Code , Title 1, Part 1, Chapter 3, §3.7.

Contact Person: If additional information is needed, contact Judy Switzer at jswitzer@governor.state.tx.us or at (512) 463-1919.

TRD-200503332

David Zimmerman

Assistant General Counsel

Office of the Governor

Filed: August 10, 2005

Texas Health and Human Services Commission

Notice of Public Meeting

The Texas Health and Human Services Commission (HHSC) will conduct a public meeting on August 17, 2005, to receive public comment regarding Medicaid payments for physical therapy, occupational therapy, and speech-language-pathology services under Texas Health Steps-Comprehensive Care Program (THSteps-CCP), including Medicaid prospective payment system (PPS) reimbursement methodologies for Medicare-certified outpatient facilities known as comprehensive outpatient rehabilitation facilities (CORFs) and outpatient rehabilitation facilities (ORFs) and for home health agencies (HHAs). The public meeting will be held on August 17, 2005, at 9:00 a.m., in the Public Hearing Room, Texas Department of Aging and Disability Services (DADS), at 701 West 51st Street, Austin, Texas 78751. Written comments regarding Medicaid payments for THSteps-CCP therapies may be submitted until 5:00 p.m. the day of the meeting. Written comments may be sent by U.S. mail to the attention of Merle Moden, HHSC Rate Analysis for Acute Care Services, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200. Overnight or special delivery mail may be sent, or written comments may be hand delivered, to Mr. Moden, HHSC Rate Analysis for Acute Care Services, Mail Code H-400, Building H of the Braker Center, 11209 Metric Boulevard, Austin, Texas, 78758-4021. Alternatively, written comments may be sent via facsimile to Mr. Moden at (512) 491-1983 or via E-mail: merle.moden@hhsc.state.tx.us.

Persons with disabilities who wish to attend the meeting and require auxiliary aids or services should contact Mr. Moden by August 15, 2005, so that appropriate arrangements can be made.

TRD-200503331

Lee Dickinson

Assistant General Counsel

Texas Health and Human Services Commission

Filed: August 10, 2005

Public Notice Statement

The Texas Health and Human Services Commission announces its intent to submit Transmittal Number 05-003, Amendment Number 700, to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. This amendment will apply to the Intermediate Care Facilities for the Mentally Retarded (ICF/MR) program, and it will clarify that, for any individual eligible for Medicare Part D, the cost of any drug, which is in a category that is covered by Medicare Part D, is unallowable for Medicaid cost reporting purposes. This change is being made to keep the ICF/MR program in compliance with federal regulations at 42 CFR §423.906. As of January 1, 2006, these federal regulations will prohibit claiming federal Medicaid matching funds for full-benefit dual eligible individuals for costs of covered Part D drugs, or any cost sharing obligations relating to covered Part D drugs.

In addition, this amendment will: (a) simplify state plan language relating to the reimbursement methodology for the ICF/MR program by removing details which are not required in a state plan, such as listings of allowable and unallowable costs and descriptions of administrative procedures; and (b) clarify state plan language regarding current practice. These changes are being made to make the state plan for ICF/MR easier to understand.

The proposed amendment is to be effective September 1, 2005. The amendment is not expected to have an impact on the amount of federal matching funds to the state for the ICF/MR program.

To obtain copies of the proposed amendment, interested parties may contact Pam McDonald by mail at Rate Analysis Department, Texas Health and Human Services Commission, P.O. Box 85200, H-400, Austin, Texas 78708-5200 or by telephone at (512) 491-1373. Copies of the proposal will also be made available for public review at the local offices of the Texas Department of Aging and Disability Services.

TRD-200503320

Wendy Pellow

Assistant General Counsel

Texas Health and Human Services Commission

Filed: August 10, 2005

Public Notice Statement

The Texas Health and Human Services Commission announces its intent to submit Transmittal Number 05-004, Amendment Number 701, to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. This amendment will extend the effective period for the current nursing facility (NF) and intermediate care facility for the mentally retarded (ICF/MR) rates to August 31, 2007. As a result, NF and ICF/MR rates will remain constant through the end of the 2006-2007 biennium.

This amendment also will modify the state plans for the Primary Home Care Program and the Day Activity and Health Services Program to state that rates for the 2006-2007 biennium will be equal to the rates in effect on August 31, 2003. These changes are being made to conform to Legislative appropriations for these programs for the 2006-2007 biennium.

The proposed amendment is to be effective September 1, 2005. The amendment is not expected to have an impact on the amount of federal matching funds to the state for the NF or ICF/MR programs. It is expected to increase federal matching funds to the state for the Primary Home Care Program and the Day Activity and Health Services Program as follows:

FY 2006

Primary Home Care--$5,324,226

Day Activity and Health Services--$692,749

FY 2007

Primary Home Care--$5,983,274

Day Activity and Health Services--$751,798

TRD-200503330

Wendy Pellow

Assistant General Counsel

Texas Health and Human Services Commission

Filed: August 10, 2005

Department of State Health Services

Designation of Kellum Medical Group as a Site Serving Medically Underserved Populations

The Department of State Health Services (department) is required under the Occupations Code, §157.052, to designate sites serving medically underserved populations. In addition, the department is required to publish notice of such designations in the Texas Register and to provide an opportunity for public comment on the designations.

Accordingly, the department has designated the following as a site serving medically underserved populations: Kellum Medical Group, 8870 U.S. South Highway 87, San Antonio, Texas 78263. The designation is based on eligibility as a site serving a disproportionate number of clients eligible for federal, state, or locally funded health care programs.

Oral and written comments on this designation may be directed to Brian King, Program Specialist, Health Professions Resource Center, Center for Health Statistics, Department of State Health Services, 1100 West 49th Street, Austin, Texas 78756; telephone (512) 458-7261. Comments will be accepted for 30 days from the publication date of this notice.

TRD-200503302

Cathy Campbell

General Counsel

Department of State Health Services

Filed: August 9, 2005

Notice of Public Hearing for the Ambulatory Surgical Centers Rules

The Department of State Health Services (department) will hold a public hearing to take public comments on proposed rules concerning ambulatory surgical centers. The rules, located in 25 Texas Administrative Code, Chapter 135, were published in the June 17, 2005, issue of the Texas Register (30 TexReg 3542).

The hearing will be held from 10:00 a.m. to 12:00 p.m., on Thursday, August 25, 2005, in the Main Building, Room K-100 (Auditorium), Department of State Health Services, 1100 West 49th Street, Austin, Texas, 78756.

Further information may be obtained from Cindy Bednar of the department's Facility Licensing Group, Department of State Health Services, 1100 West 49th Street, Austin, Texas, 78756, Telephone (512) 834-6648.

TRD-200503301

Cathy Campbell

General Counsel

Department of State Health Services

Filed: August 9, 2005

Texas Department of Insurance

Company Licensing

Application for admission to the State of Texas by NORTH AMERICAN TITLE INSURANCE COMPANY, a Foreign Title company. The home office is in Walnut Creek, California.

Application for admission to the State of Texas by CSI LIFE INSURANCE COMPANY, a Foreign Life, Accident and/or Health company. The home office is in Omaha, Nebraska.

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

TRD-200503333

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: August 10, 2005

Third Party Administrator Applications

The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration.

Application for admission to Texas of FIRSTCOMP UNDERWRITERS GROUP, INC., a foreign third party administrator. The home office is OMAHA, NEBRASKA.

Application for admission to Texas of CONCERO, INC., (using the assumed name of CONCERO GROUP) a foreign third party administrator. The home office is PORTLAND, OREGON.

Application for incorporation in Texas of INSTITUTION SOLUTIONS I, LLC, (using the assumed name of INSTITUTION SOLUTIONS, LLC), a domestic third party administrator. The home office is RICHARDSON, TEXAS.

Any objections must be filed within 20 days after this notice is published in the Texas Register , addressed to the attention of Matt Ray, MC 107-1A, 333 Guadalupe, Austin, Texas 78701.

TRD-200503334

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: August 10, 2005

Texas Lottery Commission

Instant Game Number 570 "$50,000 Mania"

1.0 Name and Style of Game.

A. The name of Instant Game No. 570 is "$50,000 MANIA". The play style is "key number match with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 570 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 570.

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

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

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, $$ SYMBOL, STAR SYMBOL, $1.00, $2.00, $4.00, $5.00, $10.00, $15.00, $20.00, $25.00, $40.00, $50.00, $100, $500, $1,000 and $50,000.

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

Figure 1: GAME NO. 570 - 1.2D

E. Retailer Validation Code - Three (3) letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. These three (3) small letters are for validation purposes and cannot be used to play the game. The possible validation codes are:

Figure 2: GAME NO. 570 - 1.2E

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

F. Serial Number - A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There is a boxed four (4) digit Security Number placed randomly within the Serial Number. The remaining nine (9) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The 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 $5.00, $10.00, $15.00 or $20.00.

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

I. High-Tier Prize - A prize of $1,000, $5,000 or $50,000.

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 (570), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 075 within each pack. The format will be: 570-0000001-001.

L. Pack - A pack of "$50,000 MANIA" Instant Game tickets contains 75 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 001 and back of 075 while the other fold will show the back of ticket 001 and front of 075.

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 "$50,000 MANIA" Instant Game No. 570 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 "$50,000 MANIA" Instant Game is determined once the latex on the ticket is scratched off to expose 45 (forty-five) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to any of the WINNING NUMBERS play symbols the players win prize indicated for that number. If a player reveals a "$$" play symbol the player wins prize indicated for that symbol. If a player reveals a star play symbol the player wins all 20 prizes indicated automatically. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

A. To be a valid Instant Game ticket, all of the following requirements must be met:

1. Exactly 45 (forty-five) 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 45 (forty-five) 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 45(forty-five) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 45 (forty-five) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. No duplicate non-winning Your Numbers on a ticket.

C. No duplicate Winning Numbers on a ticket.

D. No more than four like non-winning prize symbols on a ticket.

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

F. No Your Number will match any Winning Number play symbol when the win all symbol appears on a ticket.

G. The win all symbol will only appear on intended winners as dictated by the prize structure.

2.3 Procedure for Claiming Prizes.

A. To claim a "$50,000 MANIA" Instant Game prize of $5.00, $10.00, $15.00, $20.00, $50.00, $100 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00, $100 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "$50,000 MANIA" Instant Game prize of $1,000, $5,000 or $50,000, 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 "$50,000 MANIA" 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 "$50,000 MANIA" 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 "$50,000 MANIA" 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 6,000,000 tickets in the Instant Game No. 570. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 570 - 4.0

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. 570 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. 570, 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-200503297

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: August 8, 2005

Manufactured Housing Division

Notice of Administrative Hearing

Wednesday, August 24, 2005, 1:00 p.m.

State Office of Administrative Hearings, William P. Clements Building, 300 West 15th Street, 4th Floor,

Austin, Texas

AGENDA

Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of the complaint of the Manufactured Housing Division of the Texas Department of Housing and Community Affairs vs. Pleasant Homes of Texas Inc. dba Pleasant Homes to hear alleged violations of Sections 1201.357, 1201.358, 1201.354, 1201.356 of the Act and Sections 80.131(b), 80.132(3), 80.180(b) of the Rules by failing to properly install the home, by not complying with the initial report and warranty orders, in a timely manner. SOAH 332-05-6880. Department MHD2005000179-W.

Contact: Jim R. Hicks, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475-3589, james.hicks@tdhca.state.tx.us

TRD-200503314

Timothy K. Irvine

Executive Director

Manufactured Housing Division

Filed: August 9, 2005

Texas Department of Public Safety

Notice of Public Hearing

The Texas Department of Public Safety, in accordance with Administrative Procedures and Texas Register Act, Texas Government Code, §2001, et seq., and Texas Transportation Code, Chapter 644, is holding a public hearing on August 16, 2005, at 9:00 a.m., in the Texas Department of Public Safety, Texas Highway Patrol Division, Conference Room B, 5805 North Lamar, Austin, Texas.

The purpose of this hearing is to receive comments from all interested persons regarding adoption of Administrative Rules §§4.1, 4.11, 4.13 and 4.16 regarding Hazardous Material and Transportation Safety, proposed for adoption under the authority of Texas Transportation Code, Chapter 644, which provides that the director shall, after notice and a public hearing, adopt rules regulating the safe operation of commercial motor vehicles. The proposed rules were published in the July 29, 2005, issue of the Texas Register (30 TexReg 4314).

Persons interested in attending this hearing are encouraged to submit advance written notice of their intent to attend the hearing and to submit a written copy of their comments. Correspondence should be addressed to Major Mark Rogers, Texas Highway Patrol Division, Texas Department of Public Safety, P. O. Box 4087, Austin, Texas 78773-0500.

Persons with disabilities who plan to attend this hearing and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print, or Braille, are requested to contact Major Rogers at (512) 424-2116, three working days prior to the hearing so that appropriate arrangements can be made.

TRD-200503233

Thomas A. Davis, Jr.

Director

Texas Department of Public Safety

Filed: August 4, 2005

Request for Proposal - Local Emergency Planning Committee (LEPC) Hazardous Materials Emergency Preparedness (HMEP) Grants

INTRODUCTION: The Governor's Division of Emergency Management (GDEM), acting for the State Emergency Response Commission (SERC), is requesting proposals for Local Emergency Planning Committee (LEPC) Hazardous Materials Emergency Preparedness (HMEP) grants to be awarded to Cities/Counties representing LEPCs to further their work in hazardous materials transportation emergency planning.

DESCRIPTION OF ACTIVITIES: LEPCs are mandated by the federal Emergency Planning and Community Right-to-Know Act (EPCRA) to provide planning and information for communities relating to chemicals, in their use, storage or transit. The U.S. Department of Transportation has made grant money available to enhance communities' readiness for responding to hazardous materials transportation incidents. A grant may be used by an LEPC in various ways, depending on a community's needs.

ELIGIBLE APPLICANTS: Each proposal must be developed by an LEPC, the membership of which is recognized by the SERC, in cooperation with county and/or city governments. The proposal must be approved by a vote of the LEPC. Each LEPC shall arrange for a city or county to serve as its fiscal agent for management of any and all money awarded under this grant.

CERTIFICATION: The fiscal agent must provide certification to commit funds for this project. The certification must be in the form of an enabling resolution from the county or authorization to commit funds from the city as appropriate.

BUDGET LIMITATIONS: Total funding for these grants is dependent on the amount granted to the state from the U.S. Department of Transportation. No less than seventy-five percent of the money granted to the state for planning will be awarded to LEPCs. This is the tenth of a series of annual grant awards, which will be issued through FY 2006. Grants will be awarded based upon population, hazardous materials risk, need, and cost-effectiveness as judged by GDEM. GDEM will fund eighty percent of the total project cost. Twenty percent of the project cost must be borne by the grantee. Approved in-kind contributions may be used to satisfy this contribution. LEPCs must maintain the same level of spending for planning as an average of the past two years, in addition to the grant.

EXAMPLES OF PROPOSALS:

Development, improvement, and implementation of the emergency plans required under the Emergency Planning and Community Right-to-Know Act (EPCRA), as well as exercises, which test the emergency plan. Improvement of emergency plans may include hazard analysis as well as response procedures for emergencies involving transportation of hazardous materials including radioactive materials.

An assessment to determine flow patterns of hazardous materials within a State, between a State and another State or Indian Country, and development and maintenance of a system to keep such information current.

An assessment of the need for regional hazardous materials emergency response teams.

An assessment of local response capabilities.

Conducting emergency response drills and exercises associated with emergency response plans.

Technical staff to support the planning effort. (Staff funding under planning grants cannot be diverted to support other requirements of EPCRA.)

Public outreach about hazardous materials training issues such as community protection, chemical emergency preparedness, or response.

Any other planning project related to the transportation of hazardous materials approved by GDEM.

CONTRACT PERIOD: Grant contracts begin as early as November 1, 2005, and end August 12, 2006.

FINAL SELECTION: The GDEM shall review the proposals. SERC Subcommittee on Planning will make the final selection. The State is under no obligation to award grants to all applicants.

APPLICATION FORMS AND DEADLINE: The "Request for Proposals and Application Package" should be sent via certified/registered mail or other private mail delivery service, requiring a signature to the Texas Department of Public Safety, Governor's Division of Emergency Management, P.O. Box 4087, Austin, Texas 78773-0225. An application may be requested by calling DEM at (512) 424-5985. The original and four copies of the completed application must be received at above address by 5:00 P.M. on October 31, 2005. For more information, please call (512) 424-5985.

TRD-200503305

Thomas A. Davis, Jr.

Director

Texas Department of Public Safety

Filed: August 9, 2005

Public Utility Commission of Texas

Notice of Application for a Certificate of Convenience and Necessity for a Proposed Transmission Line in Jefferson County, Texas

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on August 2, 2005, for a certificate of convenience and necessity for a proposed transmission line in Jefferson County, Texas

Docket Style and Number: Application of Entergy Gulf States, Incorporated for a Certificate of Convenience and Necessity (CCN) for a Proposed Transmission Line in Jefferson County, Texas. Docket Number 31198.

The Application: The project is designated the Golden Pass LNG Transmission Line Project. The proposed construction is needed to provide 230 kV transmission service to the new Keith Lake 230kV Substation that will provide electrical service to the Exxon-Mobil proposed Golden Pass LNG Terminal and Pipeline Project in Jefferson County, Texas. The right-of-way width for this project will be approximately 100 feet. The estimated cost for the project is $21,690,000 for the transmission facilities and $6,990,000 for the substation facilities. The estimated date to energize the facilities is April 2008.

This application includes facilities subject to the Coastal Management Program and must be consistent with the Coastal Management program goals and policies.

Persons wishing to intervene or comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. The deadline for intervention in this proceeding is September 16, 2005. 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 31198.

TRD-200503308

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: August 9, 2005

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

On August 4, 2005, IntraLinc filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60300. Applicant intends to relinquish its certificate.

The Application: Application of IntraLinc to Relinquish its Service Provider Certificate of Operating Authority, Docket Number 31454.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than August 24, 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 31454.

TRD-200503296

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: August 8, 2005

Notice of Application for Authority to Recover Lost Revenues and Costs of Implementing Expanded Local Calling Service

Notice is given to the public of the filing with the Public Utility Commission of Texas, an application on July 29, 2005, for authority to recover lost revenues and costs of implementing expanded local calling service pursuant to the Public Utility Regulatory Act, Texas Utility Code Annotated §§ 55.041-55.048 and P.U.C. Substantive Rule 26.221. A summary of the application follows.

Project Title and Number: Application of Sugar Land Telephone Company for Authority to Recover Lost Revenues and Costs of Implementing Expanded Local Calling Service. Project Number 31432.

Sugar Land Telephone Company requests commission approval to continue a monthly surcharge in the revised amount of $.56 for business lines and $.28 for residential lines, with a Tel-Assistance surcharge at a discount of 65% of the residential surcharge, to each Sugar Land Telephone Company basic local exchange access line, effective October 27, 2005. Sugar Land Telephone Company seeks approval to continue recovering costs and lost revenues associated with all ELCS routes currently in service in Sugar Land Telephone Company's service territory.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission’s Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All correspondence should refer to Project Number 31432.

TRD-200503232

Adriana Gonzales

Rules Coordinator

Public Utility Commission

Filed: August 4, 2005

Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on August 3, 2005, for a service provider certificate of operating authority (SPCOA), pursuant to Public Utility Regulatory Act (PURA) §§54.151 - 54.156. A summary of the application follows.

Docket Title and Number: Application of Fones4All Corporation for a Service Provider Certificate of Operating Authority, Docket Number 31449 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service and long distance service.

Applicant's requested SPCOA geographic area includes the geographic area of Texas currently served by SBC Communications, Incorporated, and Verizon Southwest.

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 24, 2005. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 31449.

TRD-200503294

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: August 8, 2005

Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on August 4, 2005, for a service provider certificate of operating authority (SPCOA), pursuant to Public Utility Regulatory Act (PURA) §§54.151 - 54.156. A summary of the application follows.

Docket Title and Number: Application of FiberLight, LLC for a Service Provider Certificate of Operating Authority, Docket Number 31459 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, ADSL, ISDN, HDSL, SDSL, RADSL, VDSL, Optical Services, T1-Private Line, Switch 56 KBPS, Frame Relay, and Fractional T1 services.

Applicant's requested SPCOA geographic area includes the area served by all incumbent local exchange companies.

TRD-200503306

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: August 9, 2005

Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on August 5, 2005, for a service provider certificate of operating authority (SPCOA), pursuant to Public Utility Regulatory Act (PURA) §§54.151 - 54.156. A summary of the application follows.

Docket Title and Number: Application of Telrite Corporation for a Service Provider Certificate of Operating Authority, Docket Number 31460 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, and long distance services.

Applicant's requested SPCOA geographic area includes the area of Texas currently served by SBC Texas, Verizon Southwest, and United Telephone Company of Texas, Incorporated, doing business as Sprint.

TRD-200503307

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: August 9, 2005

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

Notice is given to the public of the filing on August 4, 2005, with the Public Utility Commission of Texas (commission), a notice of intent to file a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule 26.214. The Applicant will file the LRIC study on or about August 15, 2005.

Docket Title and Number: Central Telephone Company of Texas, Inc. d/b/a Sprint Application For Approval of LRIC Study to Introduce Custom Calling Services Associated with Call Forwarding Pursuant To P.U.C. Substantive Rule 26.214, Docket Number 31452.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 31452. Written comments or recommendations should be filed no later than forty-five (45) days after the date of a sufficient study and should be filed at the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free 1-800-735-2989. All comments should reference Docket Number 31452.

TRD-200503275

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: August 8, 2005

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

Docket Title and Number: United Telephone Company of Texas, Inc. d/b/a Sprint Application For Approval of LRIC Study to Introduce Custom Calling Services Associated with Call Forwarding Pursuant To P.U.C. Substantive Rule 26.214, Docket Number 31453.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 31453. Written comments or recommendations should be filed no later than forty-five (45) days after the date of a sufficient study and should be filed at the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free 1-800-735-2989. All comments should reference Docket Number 31453.

TRD-200503276

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: August 8, 2005

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

Notice is given to the public of the filing with the Public Utility Commission of Texas of a petition on August 3, 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 one 1,000-block in the Pinehurst Rate Center.

Docket Title and Number: Petition of Sprint Communications Company L.P. for Number NXX Request in Pinehurst Rate Center. Docket Number 31450.

The Application: Sprint submitted a petition to the Pooling Administrator (PA) to provide it with one 1,000-block in the Pinehurst 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 24, 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 31450.

TRD-200503295

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: August 8, 2005

Texas A&M University System Health Science Center

Consultant Contract Notification

Request for Proposal

The Texas A&M University System Health Science Center (A&M System Health Science Center) requests proposals from qualified respondents that can conduct a thorough and accurate Health Insurance Portability and Accountability Act (HIPAA) Security Risk Analysis of its enterprise network.

Description: The Texas A&M University System Health Science Center is a large academic medical institution that provides education, research, and support to students, faculty, physicians and other medical professions and organizations at the local, state and federal level. The HSC processes, retains and transports a considerable amount of electronic protected health information through information systems which are subject to the protections afforded by the Health Insurance Portability and Accountability Act (HIPAA). The HSC has a central campus in College Station, Texas, that supports four primary entities and remote campuses in Houston, Corpus Christi, McAllen, Temple and Dallas. Additionally, the Rural and Community Health Institute (RCHI), one of the entities in College Station, will soon be handling protected health information from rural Texas healthcare facilities. One of the first requirements under the HIPAA Security Rule is to accomplish a thorough and accurate risk analysis that supports the development of an implementation strategy and remediation risks. The focus of this initial analysis will be on the HSC’s primary enterprise network and the College Station Campus sites. It will also review connectivity and data flow to remote campuses, affiliates, but will not include an on-site assessment of those entities at this time.

The A&M System Health Science Center invites proposals in response to this Request for Proposal (RFP) from qualified firms for the provision of such an analysis (to begin September 1, 2005) under the direction and supervision of the A&M System Health Science Center Office of Finance and Administration.

The President of the A&M Health Science Center has affirmed the necessity of these consulting services for assistance in this analysis.

Responses: Responses to this RFP should include at least the following information:

a description of the firm's qualifications for performing the requested services, including the firm's past experience in the above referenced matters as they relate specifically to institutions of higher education and rural hospitals;

the names and experience of the professionals assigned to work on such matters;

the availability of the lead consultant and others assigned to the project;

fee information (either in the form of hourly rates for each partner, associate, technical advisor who may be assigned to perform services to the A&M System Health Science Center, comprehensive flat fees, or other fee arrangements directly related to the achievement of specific goals and cost controls) and billable expenses;

a comprehensive description of the procedures used by the firm to complete the analysis in a timely and cost-effective manner;

representation that should the firm be selected by the A&M System Health Science Center to provide the analysis, the firm will enter into a separate consulting agreement; and

confirmation of willingness to comply with policies, directives and guidelines of the A&M System and A&M System Health Science Center as well as the Attorney General of the State of Texas. Qualified firms must be able to exhibit compliance with House Bill No. 1, 78th Legislature, Regular Session, Article IX, Section 6.23, or as superseded, concerning matters against the State of Texas or any of its agencies.

a confirmation that preference will be given, all other considerations being equal, to a consultant whose principal place of business is within the state or who will manage the contracted project entirely from its office within the state;

Format and Person to Contact: Three copies of the proposal are requested. The proposal should be typed, preferably double spaced, on 8.5 by 11 inch paper with all pages sequentially numbered, and either stapled or bound together. The copies should be sent by mail or delivered in person, marked on the envelope "Response to Request for Proposal" and addressed to:

The Texas A&M University System Health Science Center

Office of Finance and Administration

HUB & Procurement Services

John B. Connally Bldg

301 Tarrow Street, Suite 619

College Station, Texas 77840-7896

Evaluation: Proposals sent in response to this RFP will be evaluated in light of several criteria. The criteria are expertise, prior experience related to higher education and rural healthcare facilities, procedures for providing timely and cost-effective services, and reasonableness of fees.

Deadline for submission of Response: All proposals must be received by the Office of Finance and Administration of the A&M System Health Science Center at the address set forth above not later than 5:00 p.m., September 1, 2005.

TRD-200503315

Keely B. Dunn

Management Analyst

Texas A&M University System Health Science Center

Filed: August 9, 2005

Texas Department of Transportation

Notice of Public Hearing on Proposed Restrictions on Use of State Highway

The Texas Department of Transportation (department) will conduct a public hearing to receive comments on a proposed restriction initiated by the department establishing lane use restrictions for certain classes of vehicles on Interstate Highway 10 in Harris County from Waco Street in the city of Houston to Spur 330 in Harris County.

In accordance with Transportation Code, §545.0651 and 43 TAC §§25.601-25.604, the department is proposing to initiate a lane use restriction applicable to trucks with three or more axles, as defined in Transportation Code, §541.201, and to truck tractors, also as defined in Transportation Code, §541.201, regardless of whether the truck tractor is drawing another vehicle or trailer. The proposed restriction would prohibit those vehicles from using the left or inside lane on Interstate Highway 10 from Waco Street in the city of Houston extending eastward and ending at Spur 330 in Harris County. The proposed restriction will supercede the city of Houston's Ordinance No. 2000-770 by removing the time restrictions, and extend the lane use restriction on Interstate Highway 10 to Spur 330 in Harris County.

The proposed restrictions would apply 24 hours a day, 7 days a week, and would allow the operation of those vehicles in a prohibited traffic lane for the purposes of passing another vehicle or entering or exiting the highway.

In accordance with 43 TAC §25.603(f)-(h), the department will evaluate the impact of the proposed restriction's compliance with the requirements of Transportation Code, §545.0651 and 43 TAC §§25.601-25.604, and will hold a public hearing to receive comments on the proposed restriction. The hearing will be held at 4:00 p.m. on Monday, August 29, 2005, at the following location:

Texas Department of Transportation

Houston District Headquarters, Main Conference Room

7721 Washington Avenue

Houston, Texas 77007

All interested citizens are invited to attend the hearing and to provide input. Those desiring to make official comments may register starting at 3:30 p.m. Oral and written comments may be presented at the public hearing and written comments may be submitted by regular postal mail during the 30-day public comment period. Written comments may be submitted to Gary K. Trietsch, P.E., District Engineer, Houston District, Texas Department of Transportation, P.O. Box 1386, Houston, Texas 77251-1386. The deadline for receipt of written comments is 5:00 p.m. on September 19, 2005.

Persons with disabilities who plan to attend the public hearing and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print, or Braille, are requested to contact James Keener at (713) 802-5185 at least two business days prior to the hearing so that appropriate arrangements can be made. For more information concerning the public hearing, please contact James Keener.

TRD-200503335

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: August 10, 2005

Notice of Public Hearing on Proposed Restrictions on Use of State Highway

The Texas Department of Transportation (department) will conduct a public hearing to receive comments on a proposed restriction initiated by the department establishing lane use restrictions for certain classes of vehicles on U.S. Highway 290 in Harris County from IH 610 in the city of Houston to Mueschke Road in Harris County.

In accordance with Transportation Code, §545.0651 and 43 TAC §§25.601-25.604, the department is proposing to initiate a lane use restriction applicable to trucks with three or more axles, as defined in Transportation Code, §541.201, and to truck tractors, also as defined in Transportation Code, §541.201, regardless of whether the truck tractor is drawing another vehicle or trailer. The proposed restriction would prohibit those vehicles from using the left or inside lane on U.S. Highway 290 from IH 610 in the city of Houston extending westward and ending at Mueschke Road in Harris County.

In accordance with 43 TAC §25.603(f)-(h), the department will evaluate the impact of the proposed restriction's compliance with the requirements of Transportation Code, §545.0651 and 43 TAC §§25.601-25.604, and will hold a public hearing to receive comments on the proposed restriction. The hearing will be held at 4:00 p.m. on Tuesday, August 30, 2005, at the following location:

Texas Department of Transportation

Houston District Headquarters, Main Conference Room

7721 Washington Avenue

Houston, Texas 77007

TRD-200503336

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: August 10, 2005

University of Houston

Consultant Contract Award Notice

In compliance with the provisions of Chapter 2254, Subchapter B, Texas Government Code, The University of Houston furnishes this notice of consultant contract award. The consultant will provide services in the form of a campus safety study relating to improved student, parent and staff employee perceptions. Requests for proposals were filed in the June 17, 2005 issue of the Texas Register .