Texas State Affordable Housing Corporation
Proposed Amendments to the 501(c)(3) Bond Program
The Texas State Affordable Housing Corporation proposes amendments to its
501(c)(3) Bond Program: General Information, Procedures, and Requirements
for Submitting an Application for Financing (the "Procedures"). The Corporation
issues tax-exempt 501(c)(3) bonds to finance multifamily affordable housing
in the state of Texas under the authority granted to it under Government Code
Title 10, Chapter 2306, Subchapter Y. The 78th Legislature amended Subchapter
Y to require the Corporation to review its 501(c)(3) bond issuance policies,
including the public benefit requirement implemented under Section 2306.563,
and required that notice shall be given through the Texas Register when policy
revisions are proposed.
The Corporation proposes amendments to the Procedures in accordance with
amendments to the Corporation's statute, specifically Section 2306.563 of
the Government Code, which requires that a Community Housing Development Organization
that receives an issuance of qualified 501(c)(3) bonds from the Corporation
to invest at least one dollar in projects and services that benefit income-eligible
persons for each dollar of taxes that is not imposed on the property as a
result of a property tax exemption received under Section 11.182 of the Tax
Code. The proposed changes to the Procedures would require that any applicant
for 501(c)(3) bonds comply with the public benefit requirement as described
above.
Written Comments on the proposal may be sent to Katherine Closmann, Executive
Vice President, 1005 Congress Ave, Suite 500, Austin, Texas 78701. For further
information please contact Ms. Closmann at 512-477-3555. The proposed amended
Procedures may be viewed in whole and in blackline format on the Corporation's
website at www.tsahc.org. Comments will be accepted through March 31, 2005.
TRD-200500740
David Long
President
Texas State Affordable Housing Corporation
Filed: February 16, 2005
Boll Weevil Quarantine Administrative Penalty Matrix
The Texas Agriculture Code (the Code) at Chapter 71, General Control, provides
for the establishment of quarantines against dangerous insect pests and plant
diseases at the boundaries of the state or in other areas within the state.
The Code, Chapter 74, Subchapter D, also provides for the establishment of
quarantine rules relating to boll weevil control. Quarantine regulations for
boll weevil are found in Title 4, the Texas Administrative Code, Chapter 20.
The department's authority for the enforcement of Chapter 71 and Chapter 74
is found in the Code, §12.020, whereby the department may assess administrative
penalties up to $5,000 for each violation of these chapters. Each day a violation
continues or occurs may be considered a separate violation for purposes of
penalty assessments.
An administrative penalty may be levied for: (a) movement of a regulated
article in violation of an applicable rule, statute or written directive of
the department; (b) violation of the conditions of a compliance agreement,
and (c) alteration or unauthorized use of a certificate issued by the department.
For each type of offense, there is a penalty range for violations. The ranges
were established by considering the following criteria set forth in the Code, §12.020.
In determining the amount of the penalty, the department shall consider: (1)
the seriousness of the violation, including but not limited to the nature,
circumstances, extent, and gravity of the prohibited acts, and the hazard
or potential or potential hazard created to the health or safety of the public;
(2) the damage to property or the environment caused by the violation; (3)
the history of previous violations; (4) the amount necessary to deter future
violations; (5) efforts to correct the violation; and (6) any other matter
that justice may require.
Depending on the violation, the hazard or potential hazard to the agricultural
community, each violation will be considered on a case-by-case basis. Subject
to the nature and circumstances of the violation, a penalty may be probated
or adjusted as justice may require. The low end of the penalty range for "violation
of the conditions of a compliance agreement" is the presumptive base penalty
for each violation of a compliance agreement, and represents an appropriate
penalty for the violations that are considered "minor" with respect to the
criteria in the Code, §12.020. Penalties may be increased to the maximum
within the range as the department considers the nature and circumstances
of each violation in the context of the criteria in the Code, §12.020(d).
The department developed the boll weevil quarantine administrative penalty
matrix so that enforcement actions for violations of Chapter 71 and 74 and
rules found in 4 Texas Administrative Code, Chapter 20 are fair, uniform,
consistent and appropriate. The matrix states the actions that constitute
a violation of the boll weevil quarantine, thereby creating a risk of boll
weevil re-infestation and threatening eradication efforts. The department
believes this penalty matrix is both necessary and appropriate.
This filing updates penalty amounts in the matrix on the basis of current
information, is effective upon publication, and supercedes the matrix published
in the
Texas Register issue of July 6, 2001
(26 TexReg 5101). As the enforcement of these types of violations continues
and additional data are gathered, the matrix will be reviewed and, if necessary,
adjusted to reflect any changes in the information on which the current matrix
is based.
Boll Weevil Quarantine Administrative Penalty Matrix
TRD-200500742
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Filed: February 16, 2005
Chapter 154. Child Support, Subchapter C. Child Support Guidelines - 2005 Tax Chart
Pursuant to §154.061(b) of the Texas Family Code, the Attorney General
of Texas, as the Title IV-D agency, has promulgated the following tax charts
for 2005 to assist courts in establishing the amount of a child support order.
These tax charts are applicable to employed and self-employed persons in computing
net monthly income.
INSTRUCTIONS FOR USE
To use these tables, first compute the obligor's annual gross income. Then
recompute to determine the obligor's average monthly gross income. These tables
provide a method for calculating "monthly net income" for child support purposes,
subtracting from monthly gross income the social security taxes and the federal
income tax withholding for a single person claiming one personal exemption
and the standard deduction.
Thereafter, in many cases the guidelines call for a number of additional
steps to complete the necessary calculations. For example, §§154.061
- 154.070 provide for appropriate additions to "income" as that term is defined
for federal income tax purposes, and for certain subtractions from monthly
net income, in order to arrive at the net resources of the obligor available
for child support purposes. If necessary, one may compute an obligee's net
resources using similar steps.
This agency hereby certifies that the tax charts have been received by
legal counsel and found to be within the agency's authority to publish.
Self-Employed Persons 2005 Tax Chart
Employed Persons 2005 Tax Chart
For information regarding this publication you
may contact A.G. Younger, Agency Liaison, at 512-463-2110.
TRD-200500641
Nancy S. Fuller
Assistant Attorney General
Office of the Attorney General
Filed: February 11, 2005
Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program
On January 10, 1997, the State of Texas received federal approval of the
Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under
federal law, federal agency activities and actions affecting the Texas coastal
zone must be consistent with the CMP goals and policies identified in 31 TAC
Chapter 501. Requests for federal consistency review were deemed administratively
complete for the following project(s) during the period of February 4, 2005,
through February 10, 2005. As required by federal law, the public is given
an opportunity to comment on the consistency of proposed activities in the
coastal zone undertaken or authorized by federal agencies. Pursuant to 31
TAC §§506.25, 506.32, and 506.41, the public comment period for
these activities extends 30 days from the date published on the Coastal Coordination
Council web site. The notice was published on the web site on February 16,
2005. The public comment period for these projects will close at 5:00 p.m.
on March 18, 2005.
FEDERAL AGENCY ACTIONS:
Applicant: Davis Petroleum Corporation
;
Location: The project is located in Corpus Christi Bayou in State Tract (ST)
284 (well location), Redfish Bay in Nueces County, Texas. The proposed well
location is approximately 0.3 mile north of State Highway (SH) 361 and approximately
2 miles southeast of Aransas Pass, San Patricio County, Texas. The proposed
pipeline would cross portions of STs 284 and 283, and end on Stedman Island,
at an upland point. The project can be located on the U.S.G.S. quadrangle
map entitled: Estes, Texas. Approximate UTM Coordinates in NAD 27 (meters):
Zone 14; Well: Easting: 686000; Northing: 3085900, terminus of pipeline Easting:
686000; Northing: 3085900. Project Description: The applicant proposes to
drill a well for the production of petroleum products in ST 284, utilizing
a 240-foot-long by 100-foot-wide drilling pad of shell, gravel, or crushed
rock. The project would include the installation of a typical marine barge
and keyway, a production platform with attendant facilities, and flowlines
between the well and production platforms. In addition, the applicant proposes
to install an 8-inch-diameter pipeline from the proposed well to a point on
Stedman Island, a distance of 3,222 feet. The pipeline would be installed
by either jetting and/or trenching except for the portion that would cross
the Aransas Channel and SH 361. This portion of the pipeline would be installed
by directional drilling. A portion of this pipeline was previously reviewed
and approved under Department of the Army (DA) Permit 22863; however, neither
the well or pipeline that were permitted under that permit has been constructed.
The applicant has stated that all special conditions outlined in DA Permit
22863 will be adhered to, including the installation of turbidity curtains
to control silt/solids re-suspended during the drilling of the well and the
installation of the pipeline. CCC Project No.: 05-0133-F1; Type of Application:
U.S.A.C.E. permit application #23653 is being evaluated under §10 of
the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of
the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review
for this project may be conducted by the Texas Railroad Commission under §401
of the Clean Water Act.
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972
(16 U.S.C.A. §§1451-1464), as amended, interested parties are invited
to submit comments on whether a proposed action is or is not consistent with
the Texas Coastal Management Program goals and policies and whether the action
should be referred to the Coastal Coordination Council for review.
Further information on the applications listed above may be obtained from
Ms. Tammy Brooks, Program Specialist, Coastal Coordination Council, P.O. Box
12873, Austin, Texas 78711-2873, or tammy.brooks@glo.state.tx.us. Comments
should be sent to Ms. Brooks at the above address or by fax at (512) 475-0680.
TRD-200500718
Larry L. Laine
Chief Clerk, Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: February 15, 2005
Notice of Rate Ceilings
The Consumer Credit Commissioner of Texas has ascertained the following
rate ceilings by use of the formulas and methods described in Sections 303.003
and 303.009, Tex. Fin. Code.
The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the
period of 02/21/05 - 02/27/05 is 18% for Consumer
1
/Agricultural/Commercial
The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the
period of 02/21/05 - 02/27/05 is 18% for Commercial over $250,000.
1
Credit for personal, family or household
use.
2
Credit for business, commercial, investment
or other similar purpose.
TRD-200500689
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: February 15, 2005
Application to Amend Articles of Incorporation
Notice is given that the following application has been filed with the
Credit Union Department and is under consideration:
An application was filed by Coastal Community and Teachers Credit Union
to amend is Articles of Incorporation relating to par value.
Comments or a request for a meeting by any interested party relating to
an application must be submitted in writing within 30 days from the date of
this publication. Any written comments must provide all information that the
interested party wishes the Department to consider in evaluating the application.
All information received will be weighed during consideration of the merits
of an application. Comments or a request for a meeting should be addressed
to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas
78752-1699.
TRD-200500727
Harold E. Feeney
Commissioner
Credit Union Department
Filed: February 16, 2005
Notice is given that the following applications have been filed with the
Credit Union Department and are under consideration:
An application was received from United Community Credit Union, Galena
Park, Texas to expand its field of membership. The proposal would permit employees
of the Crosby Independent School District in Crosby, Texas, to be eligible
for membership in the credit union.
An application was received from Members Credit Union, Cleburne, Texas
to expand its field of membership. The proposal would permit persons who live,
work, worship, or attend school in and businesses located in zip codes 76028
and 76036, to be eligible for membership in the credit union.
Comments or a request for a meeting by any interested party relating to
an application must be submitted in writing within 30 days from the date of
this publication. Credit unions that wish to comment on any application must
also complete a Notice of Protest form. The form may be obtained by contacting
the Department at (512) 837-9236 or downloading the form at http://www.tcud.state.tx.us/applications.html.
Any written comments must provide all information that the interested party
wishes the Department to consider in evaluating the application. All information
received will be weighed during consideration of the merits of an application.
Comments or a request for a meeting should be addressed to the Texas Credit
Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.
TRD-200500726
Harold E. Feeney
Commissioner
Credit Union Department
Filed: February 16, 2005
In accordance with the provisions of 7 TAC Section 91.103, the Credit Union
Department provides notice of the final action taken on the following application(s):
Application(s) to Expand Field of Membership - Approved
Texans Credit Union, Richardson, Texas- See
Texas
Register
issue dated August 27, 2004.
The Education Credit Union, Amarillo, Texas- See
Texas Register
issue dated November 26, 2004.
Texas Telcom Credit Union, Dallas, Texas (Amended)- Persons who live in,
attend school in, or worship in, and businesses located within a 10-mile radius
of Texas Telcom Credit Union’s office located at: 8818 Garland Road,
Dallas, TX 75218.
MemberSource Credit Union, Houston, Texas (#1)- See
Texas Register
issue dated October 29, 2004.
MemberSource Credit Union, Houston, Texas (#3) (Amended)- Persons who live,
work, worship, or attend school in and businesses located within a 10-mile
radius of the offices of MemberSource Credit Union located at: 10100 Richmond
Avenue, Houston, Texas 77042 and 5400 Westheimer Court, Houston, Texas 77056.
MemberSource Credit Union, Houston, Texas (#4) (Amended)- Persons who live,
work, worship, or attend school in and businesses located within a 10-mile
radius of the office of MemberSource Credit Union located at: 1201 Lake Robbins
Drive, The Woodlands, Texas 77056.
Application(s) to Amend Articles of Incorporation- Approved
Denton Area Teachers Credit Union, Denton, Texas- See
Texas Register
issue dated December 31, 2004.
MemberSource Credit Union, Houston, Texas- See
Texas Register
issue dated December 31, 2004.
Application(s) for a Merger or Consolidation- Approved
Tarrant Affiliated Contractors Credit Union (Fort Worth) and Family 1st
of Texas Federal Credit Union (Fort Worth)- See
Texas Register
issue dated July 30, 2004.
TRD-200500728
Harold E. Feeney
Commissioner
Credit Union Department
Filed: February 16, 2005
Notice of an Administrative Order Pertaining to the J.C. Pennco Waste Oil Service State Superfund Site
This notice is issued by the Texas Commission on Environmental Quality
(TCEQ) in accordance with Texas Health and Safety Code (THSC), §361.272,
Administrative Orders Concerning Imminent and Substantial Endangerment. This
notice is being published in the
Texas Register
on February 25, 2005 and in the following newspapers:
San Antonio Express News,
New Braunfels Herald
Zeitung,
and the
Seguin Gazette Enterprise
on February 25, 2005; in the
Eagle Pass News
Guide
on February 24, 2004; and in the
Williamson
County Sun
on February 23, 2005.
An administrative order (the order) concerning the J.C. Pennco Waste Oil
Service State Superfund site (the site) was considered at the commission's
public meeting on August 11, 2004, and was issued on August 18, 2004. The
order primarily addresses the following matters: 1) identification of 52 parties
as responsible for the solid wastes/hazardous substances at the site in accordance
with THSC, §361.271; 2) settlement with 38 additional parties for any
liability for the solid wastes/hazardous substances at the site, which amounts
to $77,729 in settlement funds received by the TCEQ; 3) specification of the
selected remedial action and appropriate land use for the site; 4) determination
that the site poses an imminent and substantial endangerment to public health
and safety or the environment; 5) order that the site be listed on the state
registry of Superfund sites; 6) order that the responsible parties remediate
the site, with specific deadlines for this activity to begin; and 7) order
that the responsible parties reimburse the hazardous and solid waste remediation
fee account for remedial investigation/feasibility study and remediation costs
within a specified period of time.
The TCEQ attempted to deliver the order to all responsible parties. Due
to the failure of delivery of the order by certified mail or hand delivery,
the order is hereby served on the following parties: Aircraft Services; Alamo
Transmissions; American Desk Manufacturing Company; American Hi-Lift Corporation;
Associated Motors; Bobby's Auto Parts, Inc.; Broadway Radiator and Auto Repair;
C & C Import Service Inc.; C & J Automotive; East Kelly Automotive;
Ernie's Automotive; Faith Hill Automotive; Fitzgerald's Auto Service; Fox
Alignment & Brake Service; Guarantee Auto & Truck Parts Inc.; Northeast
Wrecker Service; Redland Transportation Inc.; Rigsby Paint and Body; San Antonio
Transportation Agency Inc.; Taxsor Meats; and Theo's Brake & Tire.
The order identifies these parties as persons responsible for solid waste
and hazardous substances at the site and orders them to remediate the site
and reimburse the hazardous and solid waste remediation fee account for remedial
investigation/feasibility study and remediation costs within a specified period
of time.
The site is located at 4927 Higdon Road, southeast of San Antonio, outside
the city limits, in Bexar County, Texas. The land use at the site is residential.
The remedial action selected for the site is monitored natural attenuation
with a plume management zone.
A portion of the record for this site, including documents pertinent to
the remedial action, is available for review during regular business hours
at the San Antonio Public Library, McCreless Branch, 1023 Ada Street, San
Antonio, Texas. Copies of the complete public record, including a copy of
the administrative order, may be obtained during regular business hours at
the TCEQ's Records Management Center, Records Customer Service, Building E,
First Floor, MC 199, 12100 Park 35 Circle, Austin, Texas 78753, (800) 633-9363
or (512) 239-2920. Photocopying of file information is subject to payment
of a fee. Parking for persons with disabilities is available on the east side
of Building D, convenient to access ramps that are between Buildings D and
E.
Information is also available regarding the state Superfund program at
For further information about the site or the order, please call Carol
Boucher, Remediation Division, at (800) 633-9363, extension 2501.
TRD-200500717
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: February 15, 2005
Notices mailed February 10 through February 11, 2005
TCEQ Internal Control No. 01052005-D03; Lennar Homes of Texas Land and
Construction, Ltd. and F. Irby Cobb Trust (Petitioners) filed a petition for
creation of Fort Bend County Municipal Utility District No. 152 (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 owners of a majority in value of
the land to be included in the proposed District; (2) there are no lienholders
on the property to be included in the proposed District; (3) the proposed
District will contain approximately 327 acres located within Fort Bend County,
Texas; (4) the proposed District is within the extraterritorial jurisdiction
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; and (5) there is one tenant on land
to be included in the proposed District and the Petitioners have provided
TCEQ with a certificate evidencing its consent to the creation of the proposed
District. By Ordinance No. 2004-27, effective December 14, 2004, 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 and parks and recreational facilities, fire fighting facilities
and road facilities 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 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 $22,685,000.
TCEQ Internal Control No. 12232004-D11; Ventana Development Reading, Ltd.
(Petitioner) filed a petition for creation of Fort Bend County Municipal Utility
District No. 158 (District) with the Texas Commission on Environmental Quality
(TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the
Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water
Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of
the TCEQ. The petition states the following: (1) the Petitioner is the owner
of a majority in value of the land to be included in the proposed District;
(2) there is one lienholder, Texas State Bank, on the property to be included
in the proposed District, and the Petitioner has provided the TCEQ with a
certificate evidencing its consent to the creation of the proposed District;
(3) the proposed District will contain approximately 158.54 acres located
within Fort Bend County, Texas; and (4) the proposed District is within the
extraterritorial jurisdiction 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.
2004-29, effective December 14, 2004, 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 and parks and recreational
facilities, fire fighting facilities and road facilities 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 $12,350,000.
TCEQ Internal Control No. 12202004-D02; BGM Land Investments, Ltd. (Petitioner)
filed a petition for creation of Harris County Municipal Utility District
No. 432 (District) with the Texas Commission on Environmental Quality (TCEQ).
The petition was filed pursuant to Article XVI, Section 59 of the Constitution
of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas
Administrative Code Chapter 293; and the procedural rules of the TCEQ. The
petition states that: (1) the Petitioner is the owner of a majority in value
of the land to be included in the proposed District; (2) there are four lienholders,
James O. Morton, Ida May Morton, the Estate of Charles E. Morton, and The
Morton Family Trust, on the property to be included in the proposed District,
and the Petitioner has provided the TCEQ with certificates evidencing their
consent to the creation of the proposed District; (3) the proposed District
will contain approximately 520.3204 acres located within Harris County, Texas;
and (4) the proposed District is within the extraterritorial jurisdiction
of the City of Houston, Texas, and is not within the corporate limits or extraterritorial
jurisdiction of any other city, town or village in Texas. By Ordinance No.
2004-1175, effective November 23, 2004, the City of Houston, Texas, gave its
consent to the creation of the proposed District. The petition further states
that the proposed District will: (1) purchase, construct, acquire, maintain,
and operate a waterworks and sanitary sewer system for residential and commercial
purposes; (2) construct, acquire, improve, extend, maintain, and operate works,
improvements, facilities, plants, equipment, and appliances helpful or necessary
to provide more adequate drainage for the property in the proposed District;
and (3) control, abate and amend local storm waters or other harmful excesses
of water, as more particularly described in an engineer's report filed simultaneously
with the filing of the petition; and (4) purchase, construct, acquire, improve,
maintain, and operate additional facilities, systems, plants, and enterprises
consistent with the purposes for which the District is created and permitted
under State law. According to the petition, the Petitioner has conducted a
preliminary investigation to determine the cost of the project, and from the
information available at the time, the cost of the project is estimated to
be approximately $30,000,000.
TCEQ Internal Control No. 12222004-D01; The Highlands at Mayfield Ranch,
Ltd. (Petitioner) filed a petition for creation of Highlands at Mayfield Ranch
Municipal Utility District (District) with the Texas Commission on Environmental
Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59
of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas
Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules
of the TCEQ. The petition states that: (1) the Petitioner is the owner of
a majority in value of the land to be included in the proposed District; (2)
there is one lienholder, Brushy Creek Reserve Investments, on the property
to be included in the proposed District, and the Petitioner has provided the
TCEQ with a certificate evidencing its consent to the creation of the proposed
District; (3) the proposed District will contain approximately 345.79 acres
located within Williamson County, Texas; and (4) the proposed District is
within the extraterritorial jurisdiction of the City of Round Rock, 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. R-04-12-02-9D1, effective December 2, 2004, the
City of Round Rock, Texas, gave its consent to the creation of the proposed
District. The petition further states that the proposed District will: (1)
construct, acquire, maintain and operate a waterworks and sanitary sewer system
for domestic and commercial purposes; (2) construct, acquire, 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 waters, as more particularly described in an engineer's
report filed simultaneously with the filing of the petition; and (4) construct,
acquire, improve, maintain, and operate any additional facilities, systems,
plants and enterprises consistent with the purposes for which the District
is created. According to the petition, the Petitioner 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
$28,167,142.
TCEQ Internal Control No. 12232004-D08; Presidential Glen, Ltd. (Petitioner)
filed a petition for creation of Presidential Glen Municipal Utility District
(District) with the Texas Commission on Environmental Quality (TCEQ). The
petition was filed pursuant to Article XVI, Section 59 of the Constitution
of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas
Administrative Code Chapter 293; and the procedural rules of the TCEQ. The
petition states that: (1) the Petitioner is the owners of a majority in value
of the land to be included in the proposed District; 2) there is one lienholder,
International Bank of Commerce, on the property to be included in the proposed
District, and the Petitioner has provided the TCEQ with a certificate evidencing
its consent to the creation of the proposed District; (3) the proposed District
will contain approximately 212.438 acres located within Travis County, Texas;
and (4) the proposed District is within the extraterritorial jurisdiction
of the City of Manor, Texas, and is not within the corporate limits or extraterritorial
jurisdiction of any other city, town or village in Texas. By Resolution No.
2004-08, effective May 19, 2004, the City of Manor, Texas, gave its consent
to the creation of the proposed District. The petition further states that
the proposed District will: (1) 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, as
more particularly described in an engineer's report filed simultaneously with
the filing of the petition; and (4) construct, acquire, improve, maintain,
and operate additional facilities, systems, plants, and enterprises consistent
with the purposes for which the District is created and permitted under State
law. According to the petition, the Petitioner 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
$11,630,999.
INFORMATION SECTION
The TCEQ may grant a contested case hearing on a petition if a written
hearing request is filed within 30 days after the newspaper publication of
the notice. To request a contested case hearing, you must submit the following:
(1) your name (or for a group or association, an official representative),
mailing address, daytime phone number, and fax number, if any; (2) the name
of the petitioner and the TCEQ Internal Control Number; (3) the statement
"I/we request a contested case hearing"; (4) a brief description of how you
would be affected by the petition in a way not common to the general public;
and (5) the location of your property relative to the proposed district's
boundaries. You may also submit your proposed adjustments to the petition
which would satisfy your concerns. Requests for a contested case hearing must
be submitted in writing to the Office of the Chief Clerk at the address provided
in the information section below.
The Executive Director may approve a petition unless a written request
for a contested case hearing is filed within 30 days after the newspaper publication
of the notice. If a hearing request is filed, the Executive Director will
not approve the petition and will forward the petition and hearing request
to the TCEQ Commissioners for their consideration at a scheduled Commission
meeting. If a contested case hearing is held, it will be a legal proceeding
similar to a civil trial in state district court.
Written hearing requests should be submitted to the Office of the Chief
Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087. For information
concerning the hearing process, please contact the Public Interest Counsel,
MC 103, the same address. For additional information, individual members of
the general public may contact the Office of Public Assistance, at 1-800-687-4040.
General information regarding the TCEQ can be found at our web site at www.tceq.state.tx.us.
TRD-200500734
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: February 16, 2005
The Texas Commission on Environmental Quality (commission) will conduct
a public hearing to receive testimony regarding proposed revisions to 30 TAC
Chapter 101, General Air Quality Rules; 30 TAC Chapter 116, Control of Air
Pollution by Permits for New Construction or Modification; and the state implementation
plan (SIP); under the requirements of Texas Health and Safety Code, §382.017;
Texas Government Code, Subchapter B, Chapter 2001; and 40 Code of Federal
Regulations §51.102, of the United States Environmental Protection Agency
regulations concerning SIPs.
The proposed rulemaking would amend the definition of nonattainment area
in §101.1 to be consistent with current federal classifications under
the eight-hour ozone standard. The proposed amendments to §116.12 and §116.150
would change new source review netting triggers and periods to be consistent
with federal rules for areas classified under the eight-hour ozone standard.
A public hearing on this proposal will be held in Austin on March 17, 2005,
at 10:00 a.m. at the Texas Commission on Environmental Quality in Building
F, Room 2210, located at 12100 Park 35 Circle. The hearing will be structured
for the receipt of oral or written comments by interested persons. Registration
will begin 30 minutes prior to the hearing. Individuals may present oral statements
when called upon in order of registration. A time limit may be established
at the hearing to assure that enough time is allowed for every interested
person to speak. There will be no open discussion during the hearing; however,
commission staff members will be available to discuss the proposal 30 minutes
before the hearing and will answer questions before and after the hearing.
Persons planning to attend the hearing who have special communication or
other accommodation needs, should contact the Office of Environmental Policy,
Analysis, and Assessment at (512) 239-4900. Requests should be made as far
in advance as possible.
Comments may be submitted to Lola Brown, Office of Environmental Policy,
Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087,
or by fax at (512) 239-4808. Copies of the proposed rules can be obtained
from the commission's website at
http://www.tnrcc.state.tx.us/oprd/rules/propadop.html
. All comments should reference Rule Project Number 2005-009-116-AI.
Comments must be received by 5:00 p.m. on March 28, 2005. For further information,
please contact Michael Bame, Policy and Regulations Division at (512) 239-5658,
or Beecher Cameron, Air Permits Division at (512) 239-1495.
TRD-200500623
Stephanie Bergeron Perdue
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: February 11, 2005
The following notices were issued during the period of February 9, 2005
through February 14, 2005.
The following require the applicants to publish notice in the newspaper.
The public comment period, requests for public meetings, or requests for a
contested case hearing may be submitted to the Office of the Chief Clerk,
Mail Code 105, P O Box 13087, Austin Texas 78711-3087, WITHIN 30 DAYS OF THE
DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.
ALTO FRIO BAPTIST ENCAMPMENT has applied for a renewal of Permit No. 11683-001,
which authorizes the disposal of treated domestic wastewater at a volume not
to exceed a daily average flow of 20,000 gallons per day via irrigation of
2.0 acres of pasture land. This permit will not authorize a discharge of pollutants
into waters in the State. The facility and disposal site are located approximately
1.5 miles southeast of Ranch Road 1120 from its north intersection with U.S.
Highway 83 and approximately 2 miles southeast of the City of Leakey in Real
County, Texas.
ARANSAS COUNTY AIRPORT has applied for a renewal of Permit No. 11280-001,
which authorizes the disposal of treated domestic wastewater at a volume not
to exceed a daily average flow of 3,600 gallons per day via evaporation. This
permit will not authorize a discharge of pollutants into waters in the State.
The facility and disposal site are located on the east side of Farm-to-Market
Road 1781 at a point approximately 3,000 feet north of the intersection of
Farm-to-Market Road 1781 and Copano Village Road in Aransas County, Texas.
CITY OF AUSTIN, AUSTIN WATER UTILITY has applied for a renewal of TPDES
Permit No. 105430-12, which authorizes the discharge of treated domestic wastewater
at an annual average flow not to exceed 75,000,000 gallons per day. The facility
is located between Onion Creek and the Colorado River, approximately 2 miles
west of their confluence, approximately 2 miles east of the Farm-to-Market
Road 973 crossing of the Colorado River and 2 miles north of State Highway
71 in Travis County, Texas.
BRAZORIA COUNTY FRESH WATER SUPPLY DISTRICT NO. 1 has applied for a renewal
of TPDES Permit No. 11130-001, which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 140,000 gallons per day.
The facility is located on the east side of State Highway 36, approximately
1,100 feet southeast of the intersection of Farm-to-Market Road 1462 and State
Highway 36, northeast of the City of Damon in Brazoria County, Texas.
CAPITOL AGGREGATES, LTD. which operates the San Antonio Portland Cement
Plant, a portland and masonry cement manufacturer, has applied for a major
amendment to TPDES Permit No. WQ0001510000 to authorize the discharge of material
storage pile runoff, vehicle/plant wash water, road dust suppression water,
and storm water via Outfalls 001, 002, and 003; an increase in total suspended
solids effluent limitations at Outfalls 001, 002, and 003; removal of effluent
limitations for total dissolved solids, chlorides, and sulfate at Outfalls
001 and 002; removal of effluent limitations for chlorides and sulfate at
Outfall 003; and removal of flow limitations at Outfall 003. The current permit
authorizes the discharge of process wastewater and storm water on an intermittent
and flow variable basis via Outfall 001; plant and vehicle washdown water
and storm water on an intermittent and flow variable basis via Outfall 002;
and quarry water at a daily maximum flow not to exceed 10,000,000 gallons
per day via Outfall 003. The facility is located at 11551 Nacogdoches Road,
on the west side of Nacogdoches Road at the junction of Bulverde Road and
Nacogdoches Road in the City of San Antonio, Bexar County, Texas.
CITY OF DILLEY has applied for a renewal of TPDES Permit No. 10404-002,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 300,000 gallons per day. The facility is located approximately
one mile southwest of the intersection of Interstate Highway 35 and State
Highway 85 in Frio County, Texas.
CITY OF ODEM has applied for a new permit, proposed Texas Pollutant Discharge
Elimination System (TPDES) Permit No. WQ0010237002, to authorize the discharge
of treated domestic wastewater at a daily average flow not to exceed 475,000
gallons per day. The facility will be located at the City of Odem Closed Municipal
Solid Waste Landfill on the southeast side of Odem; approximately 200 feet
from the end of County Road 49 and approximately 1.8 miles southeast of the
intersection of U.S. Highway 77 and Farm-to-Market Road 631 in San Patricio
County, Texas.
CITY OF ODESSA has applied for a renewal of TPDES Permit No. WQ0010238002,
which authorizes the discharge of treated domestic wastewater at an annual
average flow not to exceed 11,000,000 gallons per day. The facility is located
southeast of the City of Odessa, approximately four miles southeast of the
intersection of Interstate Highway 20 and Loop Highway 338, and approximately
six miles east-southeast of the intersection of Interstate Highway 20 and
U.S. Highway 385 in Midland County, Texas.
TAPATIO SPRINGS SERVICE COMPANY has applied for a renewal of Permit No.
12404-001, which authorizes the disposal of treated domestic wastewater at
a volume not to exceed a daily average flow of 150,000 gallons per day via
irrigation. This permit will not authorize a discharge of pollutants into
waters in the State. The facility and disposal site are located approximately
3.5 miles west-southwest of the intersection of Interstate Highway 10 and
Johns Road in Kendall County, Texas.
TRD-200500735
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: February 16, 2005
Request for Grant Applications (RFA) for the Drug Court Program
The Criminal Justice Division (CJD) of the Governor's Office is soliciting
applications for projects that support eligible drug court programs during
the state fiscal year 2006 grant cycle.
Purpose: The purpose of the Drug Court Program is to support drug courts
as defined in Chapter 469 of the Texas Health and Safety Code, which incorporate
the following ten essential characteristics:
(1) The integration of alcohol and other drug treatment services in the
processing of cases in the judicial system;
(2) The use of a non-adversarial approach involving prosecutors and defense
attorneys to promote public safety and to protect the due process rights of
program participants;
(3) Early identification and prompt placement of eligible participants
in the program;
(4) Access to a continuum of alcohol, drug, and other related treatment
and rehabilitative services;
(5) Monitoring of abstinence through weekly alcohol and other drug testing;
(6) A coordinated strategy to govern program responses to participants’
compliance;
(7) Ongoing judicial interaction with program participants;
(8) Monitoring and evaluation of program goals and effectiveness;
(9) Continuing interdisciplinary education to promote effective program
planning, implementation, and operations; and
(10) Development of partnerships with public agencies and community organizations.
Available Funding: State funding is authorized for these projects from
amounts appropriated from the State of Texas General Revenue Fund. A minimum
of $750,000 in funding is available for fiscal year 2006 under this RFA.
Standards: Grantees will comply with the standards applicable to this funding
source cited Texas Administrative Code, Title 1, Part 1, Chapter 3.
Prohibitions: Grant funds may not be used to support the following services,
activities, and costs:
(1) admission fees or tickets to any amusement park, recreational activity
or sporting event;
(2) construction;
(3) 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;
(4) fundraising;
(5) lobbying;
(6) medical services;
(7) membership dues for individuals;
(8) overtime pay;
(9) promotional gifts;
(10) proselytizing or sectarian worship;
(11) transportation, lodging, per diem or any related costs for participants,
when grant funds are used to develop and conduct training;
(12) vehicles or equipment for government agencies that are for general
agency use;
(13) weapons, ammunition, explosives or military vehicles; 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: Counties.
Requirements:
(1) The presiding judge of a drug court funded under this RFA must be an
active judge holding elective office or a master. Persons eligible for appointment
may not be a former or retired judicial officer.
(2) Pursuant to Texas Health and Safety Code §469.006 (House Bill
1287, 77th Legislature), counties with populations of more than 550,000 are
required to establish a drug court. Applicants from these counties must:
(a) apply to the federal government for any funds available to pay the
costs of the program; and
(b) have at least 100 participants during the first four months of operation.
Applicants who do not achieve required participation levels may have their
CJD grants reduced or terminated. Failure to comply may also result in all
grant payments for all CJD grant projects awarded to the county being placed
on temporary hold.
(3) Applicants may apply to use state drug court funds to provide a portion
of the required cash match for new federal drug court grants.
Project Period: Grant-funded projects will begin on or after September
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 web site address at http://www.governor.state.tx.us/divisions/cjd/formsapps/view.
Preferences: Preference will be given to mandated drug courts under Texas
Health and Safety Code §469.006.
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 May 2, 2005.
Selection Process: Applications are reviewed by CJD staff members or a
group selected by the Executive Director of CJD. CJD will make all final funding
decisions based on eligibility, reasonableness of the project, availability
of funding, and cost-effectiveness.
Contact Person: If additional information is needed, contact Colleen Benefield
at cbenefield@governor.state.tx.us or at (512) 463-1919.
TRD-200500630
David Zimmerman
Assistant General Counsel
Office of the Governor
Filed: February 11, 2005
Notice of Intent to Amend Consulting Contract
The Health and Human Services Commission (HHSC) currently contracts with
Heritage Information Systems, Inc. (Heritage) to provide consulting services,
as well as a data management system software, to help maximize efficiency
and cost effectiveness in the Vendor Drug Program. Under the terms of the
contract, Heritage has helped HHSC implement cost savings strategies by performing
population-based interventions for identified therapeutic classes or drug
issues. An intervention generally involves contacting health care providers
listed in HHSC's Pharmaceutical Data Management System to suggest ways to
reduce costs or increase efficiencies with respect to a particular health
care practice.
The term of the original contract between HHSC and Heritage was from June
10, 2002 to June 10, 2003. The parties executed prior amendments that extended
the term of the contract to August 31, 2005.
As required by the provisions of Texas Government Code, Chapter 2254, prior
to amending its contract with Heritage, HHSC extends this invitation to qualified
and experienced consultants interested in providing the consulting services
described in this notice. Unless a better offer (as determined by HHSC) is
received from another vendor in response to this notice, HHSC intends to enter
into negotiations with Heritage to amend its consulting services contract
to add additional "Interventions" (as described below) and other services
during the current contract term, and to extend the contract through August
31, 2006.
Scope of Work/Offer Specifications:
Heritage Information Systems, Inc. provides pharmaceutical data management
system services, including targeted "Interventions" designed to reduce Texas
Vendor Drug Program expenditures while ensuring quality of care to recipients.
An "Intervention" is a cost savings strategy developed by Heritage and
approved by HHSC. Interventions may target different therapeutic classes or
drug usage issues. Interventions include, but are not limited to, communications
with health care providers in person or in writing suggesting ways to reduce
costs or increase efficiencies with respect to a particular health care practice.
Heritage Information Systems, Inc. has a pharmaceutical data management
system that allows them to integrate and analyze HHSC claims data to enhance
the Texas drug utilization review (DUR) program. Heritage's interventions
must provide at least a 1:1 savings to cost ratio for the State. Federal law
requires that each State Medicaid program have a DUR program. HHSC currently
has limited DUR staff in house, and does not have the resources or the ability
to integrate and analyze pharmacy claims data and acute care claims data in
house.
Designated Point of Contact:
More detailed information regarding the Scope of Work Statement and specifications
for submitting offers are available for review by potential interested consultants.
Parties interested in reviewing the Scope of Work or submitting a competing
offer should contact
Tim Seelig,
HHSC
P.O. Box 85200, Mail Code H-350
11209 Metric Boulevard, Building H
Austin, TX, 78708-5200,
Phone: 512-491-1328
Fax: 512-491-1972
tim.seelig@hhsc.state.tx.us.
To be considered, all competing offers must be received at the foregoing
address on or before 5 pm, Central Time on Monday, March 21, 2005. Offers
received after this time and date will not be considered. Any offers received
will be evaluated in accordance with the criteria listed in the scope of work.
Additional information will be placed on HHSC's website at
http://www.hhsc.state.tx.us/about_hhsc/BusOpp/BO_opportunities.html.
Finding of Fact:
HHSC has submitted a request to the Governor's Office of Budget, Planning,
and Policy for a finding of fact that the requested consulting services are
necessary. Execution of a contract or an amendment to the current contract
is contingent upon receipt of such a finding.
Criteria for Selection:
HHSC intends to negotiate an amendment to the Heritage contract unless
it receives a better offer for the desired services. HHSC will make its selection
based on demonstrated competence, knowledge and qualifications, considering
the reasonableness of the proposed fees for services.
How To Respond; Submittal Deadline:
All offers must be received no later than 5:00 pm, Central Time on Monday,
March 21, 2005. Submissions received after the deadline will not be considered.
Offers must be submitted to the designated point-of-contact provided above.
Questions:
Questions concerning this invitation and all offers in response to this
notice should be directed to the designated point-of-contact provided above.
HHSC reserves the right to accept or reject any or all proposals submitted.
HHSC is under no legal or other obligation to execute any contracts on the
basis of this notice. HHSC will not pay for costs incurred by any entity in
responding to this notice.
TRD-200500739
Carey E. Smith
General Counsel
Texas Health and Human Services Commission
Filed: February 16, 2005
Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Health
and Human Services Commission (HHSC) announces the release of its Request
for Proposals (RFP) for Consultant Services to assist its Office of Inspector
General, Utilization Review Unit in the developing an improved methodology
for reviewing certain paid, Medicaid, inpatient hospital claims (as further
described below) (RFP # 529-05-067). HHSC seeks to contract with a single
vendor to fulfill the requirements pursuant to this RFP.
The Utilization Review (UR) Unit performs retrospective review of paid,
Medicaid, inpatient hospital Diagnosis Related Group (DRG) claims, to validate
the a) medical necessity of the inpatient stay b) accuracy of International
Classification of Diseases, 9th Revision, Clinical Modification (ICD-9-CM)
coding and subsequent DRG assignment, and c) quality of care. ICD-9-CM coding
refers to the diagnosis and procedure coding system that hospitals use to
maintain health care encounter data and file claims for reimbursement; the
diagnoses and procedures are primary determinants of the DRG assignment. The
primary objectives for this procurement are to assist HHSC in developing a
methodology that can be replicated by the State for the identification of
potentially erroneously ICD-9-CM coded claims, with subsequent erroneous DRG
claim payment, in order to:
* Generate substantial, measurable and sustainable cost savings for taxpayers,
and
* Generate opportunities to contain Medicaid program costs and reduce the
occurrence of waste, abuse, and fraud.
The selected Vendor will develop a methodology that can be replicated by
the State to identify the paid, inpatient hospital claims with the most potential
for ICD-9-CM coding error and subsequent, inappropriate DRG assignment, resulting
in erroneous claim payment.
The RFP is located in full on HHSC's Business Opportunities Page at http://www.hhsc.state.tx.us/about_hhsc/BusOpp/BO_opportunities.html.
HHSC also posted notice of the procurement on the Texas Marketplace on February
25, 2005.
The successful contractor will be expected to provide the services described
in the RFP beginning with the date of award through July 15, 2005.
Health and Human Services Commission's Sole Point-Of-Contact For Procurement
Dan McCullough, RN; Project Manager
Texas Health and Human Services Commission
Office of Inspector General
Quality Review/Utilization Review: Mail Code 1324
P.O. Box 85200
Austin, Texas 78708-5200
(512)-491-2069
Fax (512)-833-6520
Dan.McCullough@hhsc.state.tx.us
The physical address for overnight, commercial and hand deliveries is:
Texas Health and Human Services Commission
Office of Inspector General
c/o Dan McCullough, RN; Project Manager
11101 Metric Boulevard; Building I
Austin, Texas 78758
(512)-491-2069
All questions regarding the RFP must be sent in writing to the above-referenced
contact by 5:00 p.m. Central Time on March 18, 2005. HHSC will post all written
questions received with HHSC's responses on its website on April 1, 2005,
or as they become available. All proposals must be received at the above-referenced
address on or before 5:00 p.m. Central Time on April 8, 2005. Proposals received
after this time and date will not be considered.
All proposals will be subject to evaluation based
on the criteria and procedures set forth in the RFP. HHSC reserves the right
to accept or reject any or all proposals submitted. HHSC is under no legal
or other obligation to execute any contracts on the basis of this notice.
HHSC will not pay for costs incurred by any entity in responding to this RFP.
TRD-200500729
Carey E. Smith
General Counsel
Texas Health and Human Services Commission
Filed: February 16, 2005
Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Health
and Human Services Commission (HHSC) announces the release of its Request
for Proposals (RFP) for Consultant Services to assist its Office of Inspector
General, Utilization Review Unit in the developing an improved methodology
for reviewing certain paid, Medicaid, inpatient hospital claims (as further
described below) (RFP # 529-05-067). HHSC seeks to contract with a single
vendor to fulfill the requirements pursuant to this RFP.
The Utilization Review (UR) Unit performs retrospective review of paid,
Medicaid, inpatient hospital Diagnosis Related Group (DRG) claims, to validate
the a) medical necessity of the inpatient stay b) accuracy of International
Classification of Diseases, 9th Revision, Clinical Modification (ICD-9-CM)
coding and subsequent DRG assignment, and c) quality of care. ICD-9-CM coding
refers to the diagnosis and procedure coding system that hospitals use to
maintain health care encounter data and file claims for reimbursement; the
diagnoses and procedures are primary determinants of the DRG assignment. The
primary objectives for this procurement are to assist HHSC in developing a
methodology that can be replicated by the State for the identification of
potentially erroneously ICD-9-CM coded claims, with subsequent erroneous DRG
claim payment, in order to: 1) Generate substantial, measurable and sustainable
cost savings for taxpayers, and 2) Generate opportunities to contain Medicaid
program costs and reduce the occurrence of waste, abuse, and fraud.
The selected Vendor will develop a methodology that can be replicated by
the State to identify the paid, inpatient hospital claims with the most potential
for ICD-9-CM coding error and subsequent, inappropriate DRG assignment, resulting
in erroneous claim payment.
The RFP is located in full on HHSC's Business Opportunities Page at http://www.hhsc.state.tx.us/about_hhsc/BusOpp/BO_opportunities.html.
HHSC also posted notice of the procurement on the Texas Marketplace on February
25, 2005.
The successful contractor will be expected to provide the services described
in the RFP beginning with the date of award through July 15, 2005.
The Health and Human Services Commission's Sole Point-Of-Contact for this
Procurement is: Dan McCullough, RN, Texas Health and Human Services Commission,
Office of Inspector General, Quality Review/Utilization Review, Mail Code
1324, P.O. Box 85200, Austin, Texas 78708-5200, (512)-491-2069, Fax (512)-833-6520,
Dan.McCullough@hhsc.state.tx.us.
The physical address for overnight, commercial and hand deliveries is:
Texas Health and Human Services Commission, Office of Inspector General, c/o
Dan McCullough, RN, Project Manager, 11101 Metric Boulevard; Building I, Austin,
Texas 78758, (512)-491-2069.
All questions regarding the RFP must be sent in writing to the above-referenced
contact by 5:00 p.m. Central time on March 18, 2005. HHSC will post all written
questions received with HHSC's responses on its website on April 1, 2005,
or as they become available. All proposals must be received at the above-referenced
address on or before 5:00 p.m. Central Time on April 8, 2005. Proposals received
after this time and date will not be considered.
All proposals will be subject to evaluation based on the criteria and procedures
set forth in the RFP. HHSC reserves the right to accept or reject any or all
proposals submitted. HHSC is under no legal or other obligation to execute
any contracts on the basis of this notice. HHSC will not pay for costs incurred
by any entity in responding to this RFP.
TRD-200500737
Carey E. Smith
General Counsel
Texas Health and Human Services Commission
Filed: February 16, 2005
Licensing Actions for Radioactive Materials
TRD-200500730
Cathy Campbell
Director, Legal Services
Department of State Health Services
Filed: February 16, 2005
On February 8, 2005, the Radiation Program Officer, Department of State
Health Services (department), approved the settlement agreement between the
department and Fairmont Diagnostic Center and Open MRI, Inc. (registrant-R24938)
of Pasadena. A total administrative penalty in the amount of $10,000 was assessed
the registrant for violations of 25 Texas Administrative Code, Chapter 289.
A copy of all relevant material is available, by appointment, for public
inspection at the Department of State Health Services, Exchange Building,
8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200500731
Cathy Campbell
Director, Legal Services
Department of State Health Services
Filed: February 16, 2005
Notice is hereby given that the Radiation Control Program, Department of
State Health Services (department), withdrew the Preliminary Report for Assessment
of Administrative Penalties in the amount of $8,000 issued on December 1,
2004, to Scott Shepard, D.C., doing business as Shepard Family Chiropractic,
950 West University Avenue, Suite 103, Georgetown, Texas.
A copy of all relevant material is available, by appointment, for public
inspection at the Department of State Health Services, Exchange Building,
8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200500732
Cathy Campbell
Director, Legal Services
Department of State Health Services
Filed: February 16, 2005
Multifamily Housing Revenue Bonds (Church Village Apartments) Series 2005
Notice is hereby given of a public hearing to be held by the Texas Department
of Housing and Community Affairs (the "Issuer") at Dunbar Middle School, 2901
23rd Street, Dickinson, Texas 77539, at 6:00 p.m. on March 15, 2005 with respect
to an issue of tax-exempt multifamily residential rental development revenue
bonds in an aggregate principal amount not to exceed $1,250,000 and taxable
bonds, if necessary, in an amount to be determined, to be issued in one or
more series (the "Bonds"), by the Issuer. The proceeds of the Bonds will be
loaned to Church Village Preservation, L.P., a limited partnership, or a related
person or affiliate thereof (the "Borrower") to finance a portion of the costs
of acquiring, constructing, rehabilitating and equipping a multifamily housing
development (the "Development") described as follows: 100-unit multifamily
residential rental development to be located at approximately 2902 Deats Road,
Galveston County, Texas. The Development initially will be owned by the Borrower.
All interested parties are invited to attend such public hearing to express
their views with respect to the Development and the issuance of the Bonds.
Questions or requests for additional information may be directed to Robbye
Meyer at the Texas Department of Housing and Community Affairs, 507 Sabine,
Austin, Texas 78701; (512) 475-2213; and/or robbye.meyer@tdhca.state.tx.us.
Persons who intend to appear at the hearing and express their views are
invited to contact Robbye Meyer in writing in advance of the hearing. Any
interested persons unable to attend the hearing may submit their views in
writing to Robbye Meyer prior to the date scheduled for the hearing. Individuals
who require a language interpreter for the hearing should contact Robbye Meyer
at least three days prior to the hearing date. Personas que hablan español
y requieren un intérprete, favor de llamar a Jorge Reyes al siguiente
número (512) 475-4577 por lo menos tres días antes de la junta
para hacer los preparativos apropiados.
Individuals who require auxiliary aids in order to attend this meeting
should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943 or
Relay Texas at (800) 735-2989 at least two days before the meeting so that
appropriate arrangements can be made.
TRD-200500719
Edwina P. Carrington
Executive Director
Texas Department of Housing and Community Affairs
Filed: February 15, 2005
Company Licensing
Application to change the name of PRUDENTIAL SELECT LIFE INSURANCE COMPANY
OF AMERICA to WILTON REASSURANCE COMPANY, a foreign life, accident and/or
health company. The home office is in Minneapolis, Minnesota.
Application for admission to the State of Texas by AMCOMP PREFERRED INSURANCE
COMPANY, a foreign fire and/or casualty company. The home office is in North
Palm Beach, Florida.
Application for incorporation to the State of Texas by ELDER HEALTH TEXAS,
INC., a domestic Health Maintenance Organization (HMO). The home office is
in San Antonio, Texas.
Application for incorporation to the State of Texas by HOMEOWNERS OF AMERICA
INSURANCE COMPANY, a domestic fire and/or casualty company. The home office
is in Austin, Texas.
Any objections must be filed with the Texas Department of Insurance, addressed
to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin,
Texas 78701, within 20 days after this notice is published in the
Texas Register
.
TRD-200500601
Brenda Caldwell
Special Regulatory Counsel
Texas Department of Insurance
Filed: February 9, 2005
Application for admission to the State of Texas by CORNERSTONE NATIONAL
INSURANCE COMPANY, a foreign fire and/or casualty. The home office is in Columbia,
Missouri.
Application for admission to the State of Texas by NORTHEAST INVESTORS
TITLE INSURANCE COMPANY, a foreign title company. The home office is in Chapel
Hill, North Carolina.
Application for admission to the State of Texas by OLD REPUBLIC TITLE INSURANCE
COMPANY OF TEXAS, a domestic title company. The home office is in Houston,
Texas.
Any objections must be filed with the Texas Department of Insurance, addressed
to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin,
Texas, 78701, within 20 days after this notice is published in the
Texas Register
.
TRD-200500736
Brenda Caldwell
Special Regulatory Counsel
Texas Department of Insurance
Filed: February 16, 2005
Public Notice - Revised Enforcement Plan
The Texas Commission of Licensing and Regulation ("Commission") provides
this public notice that at their regularly scheduled meeting held December
16, 2004, the Commission adopted the Texas Department of Licensing and Regulation’s
("the Department) revised enforcement plan which was established in compliance
with Texas Occupations Code, §51.302(c). The initial public notice regarding
the establishment of the enforcement plan was filed with the Texas Register
on March 5, 2004 and published in the March 19, 2004, issue of the
Texas Register
(29 TexReg 2957).
The enforcement plan gives license holders notice of the specific ranges
of penalties and license sanctions that apply to specific alleged violations
of the statutes and rules enforced by the Department. The enforcement plan
also presents the criteria that are considered by the Department’s Enforcement
staff in determining the amount of a proposed administrative penalty or the
magnitude of a proposed sanction.
Revisions to the enforcement plan include an explanation in the instructional
portion describing the difference when using "plus" connectors versus "and/or"
connectors when both a penalty and sanction are stated. Many "plus" connectors
were changed to "and/or" connectors throughout the plan. Language was also
added to clarify that where "revocation" is provided "denial" is also authorized
if the licensee is in a renewal stage. Other revisions include an explanation
of references to the Agency’s enabling statute and rules; alleged violations
have been added and some alleged violations have been moved to different classes;
new classes were created for some statutes; and the section regarding Vehicle
Protection Products was updated to cite the programs’ governing statute,
Texas Occupations Code, Chapter 2306.
A copy of the revised enforcement plan is posted on the Department’s
homepage and may be downloaded at www.license.state.tx.us. To receive a copy
contact the Enforcement Division at (512) 463-2906 or by e-mail at enforcement@license.state.tx.us.
TRD-200500676
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Filed: February 14, 2005
Instant Game Number 539 "Triple Bankroll"
1.0 Name and Style of Game.
A. The name of Instant Game No. 539 is "TRIPLE BANKROLL". The play style
is "key number match with multiplier".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 539 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 539.
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, $$ SYMBOL, $$$ SYMBOL, $1.00,
$2.00, $3.00, $5.00, $10.00, $15.00, $20.00, $30.00, $60.00, $200, $1,000,
and $20,000.
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:
E. Retailer Validation Code - Three (3) letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. These three (3) small letters are for validation purposes
and cannot be used to play the game. The possible validation codes are:
Low-tier winning tickets use the required codes listed in Figure 2:16.
Non-winning tickets and high-tier tickets use a non-required combination of
the required codes listed in Figure 2:16 with the exception of ∅, which
will only appear on low-tier winners and will always have a slash through
it.
F. Serial Number - A unique 13 (thirteen) digit number appearing under
the latex scratch-off covering on the front of the ticket. There is a boxed
four (4) digit Security Number placed randomly within the Serial Number. The
remaining nine (9) digits of the Serial Number are the Validation Number.
The Serial Number is positioned beneath the bottom row of play data in the
scratched-off play area. The format will be: 0000000000000.
G. Low-Tier Prize - A prize of $2.00, $3.00, $5.00, $10.00, $15.00, or
$20.00.
H. Mid-Tier Prize - A prize of $30.00, $60.00, or $200.
I. High-Tier Prize- A prize of $1,000 or $20,000.
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 (539), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 001 and end with 250 within
each pack. The format will be: 539-0000001-001.
L. Pack - A pack of "TRIPLE BANKROLL" Instant Game tickets contains 250
tickets, packed in plastic shrink-wrapping and fanfolded in pages of two (2).
Tickets 001 and 002 will be on the top page; tickets 003 and 004 on the next
page; etc.; and tickets 249 and 250 will be on the last page. Please note
the books will be in a A- B configuration.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning
ticket or a ticket that does not meet all of the requirements of these Game
Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and
applicable rules adopted by the Texas Lottery pursuant to the State Lottery
Act and referenced in 16 TAC, Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "TRIPLE
BANKROLL" Instant Game No. 539 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 "TRIPLE
BANKROLL" Instant Game is determined once the latex on the ticket is scratched
off to expose 22 (twenty-two) Play Symbols. If a player matches any of YOUR
NUMBERS play symbols to either WINNING NUMBER play symbol the player wins
prize indicated for that number. If a player reveals a double dollar play
symbol player wins double the prize indicated. If a player reveals a triple
dollar play symbol the player wins triple the prize indicated. No portion
of the display printing nor any extraneous matter whatsoever shall be usable
or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 22 (twenty-two) 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 22 (twenty-two)
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 22 (twenty-two) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures.
17. Each of the 22 (twenty-two) 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 "spot for spot"
play data.
B. No duplicate non-winning Your Numbers play symbols on a ticket.
C. No duplicate Winning Numbers play symbols on a ticket.
D. No 3 or more like non-winning prize symbols on a ticket.
E. The doubler and tripler symbols will only appear as dictated by the
prize structure.
F. Non-winning prize symbols will never be the same as the winning prize
symbol(s).
G. No prize amount in a non-winning spot will correspond with the Your
Number play symbol (i.e. 5 and $5).
2.3 Procedure for Claiming Prizes.
A. To claim a "TRIPLE BANKROLL" Instant Game prize of $2.00, $3.00, $5.00,
$10.00, $15.00, $20.00, $30.00, $60.00 or $200, 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 $30.00, $60.00 or $200 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 "TRIPLE BANKROLL" Instant Game prize of $1,000 or $20,000,
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 "TRIPLE BANKROLL" 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 "TRIPLE BANKROLL"
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 "TRIPLE BANKROLL" 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 11,040,000
tickets in the Instant Game No. 539. The approximate number and value of prizes
in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce
a closing date (end date) for the Instant Game No. 539 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. 539,
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-200500733
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: February 16, 2005
Notice of Administrative Hearing
Thursday, March 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. D & L W LLC DBA All American Mobile Homes, to hear alleged violations
of Sections 1201.101(f), 1201.107(b), 1201.151(a), 1201.153(a), 1201.256(d),
1201.451(a) and (b), and 1201.455(a) of the Act and Sections 80.50(e), 80.54(b),
and 80.180(b)of the Rules by selling a manufactured home and refusing to refund
a consumer’s deposit, failing to deliver a good and marketable title
to a consumer after receiving written notice, selling manufactured homes without
providing consumers with proper notices, warranties and disclosures and by
employing a salesperson who was not obtaining, maintaining, or possessing
a valid salesperson’s license. SOAH 332-05-4153. Department MHD2004001333-LRV &
MHD2004001393-I.
Contact: Jim R. Hicks, P.O. Box 12489, Austin, Texas 78711-2489, (512)
475-3589, james.hicks@tdhca.state.tx.us
TRD-200500688
Timothy K. Irvine
Executive Director
Manufactured Housing Division
Filed: February 15, 2005
Notice is hereby given of a public hearing to be held by the Manufactured
Housing Division of the Texas Department of Housing and Community Affairs
(the "Department") at 9:00 a.m. on Tuesday, March 29, 2005 at 507 Sabine Street,
4th Floor Boardroom, Austin, Texas 78701. The public hearing is to accept
comments on proposed amendments to Title 10 Texas Administrative Code, Chapter
80 (West) ("Rules"). The proposed rules are published in the February 25,
2005 issue of the
Texas Register
.
All interested parties are invited to attend such public hearing to express
their views with respect to the proposed amendments to the manufactured housing
rules. Questions or requests for additional information may be directed to
Sharon S. Choate at the Manufactured Housing Division of the Texas Department
of Housing and Community Affairs, 507 Sabine Street, 10th Floor, Austin, Texas
78701, telephone (512) 475-2206, or email at sharon.choate@tdhca.state.tx.us.
Persons who intend to appear at the hearing and express their views are
invited to contact Sharon S. Choate in writing in advance of the hearing.
Any interested persons unable to attend the hearing may submit their comments
in writing to Sharon S. Choate prior to the date scheduled for the hearing.
Written comments may be sent to the Manufactured Housing Division of the Texas
Department of Housing and Community Affairs, P.O. Box 12489, Austin, Texas
78711-2489, faxed to (512) 475-4250, or emailed to sharon.choate@tdhca.state.tx.us.
This notice is published and the above described hearing is to be held
in satisfaction of the requirements of the Texas Manufactured Housing Standards
Act, Occupations Code, Subtitle C, Chapter 1201 and Title 10 Texas Administrative
Code (West).
Individuals who require auxiliary aids for this meeting should contact
Gina Esteves, ADA Responsible Employee, at (512) 475-3943, or Relay Texas
at 1 (800) 735-2989 at least two days prior to the meeting so that appropriate
arrangements can be made.
TRD-200500647
Timothy K. Irvine
Executive Director
Manufactured Housing Division
Filed: February 14, 2005
Driver Responsibility Program - Public Hearing Notice
The Texas Department of Public Safety (DPS), in accordance with Administrative
Procedure and Texas Register Act, Texas Government Code, §§2001,
et seq., is holding a public hearing on Thursday, March 10, 2005, at 10:00
a.m., in the Texas Department of Public Safety Criminal Law Enforcement Building
(Building E) Auditorium, 6100 Guadalupe Street, Austin, Texas. Visitor parking
is available, but limited, in the department parking lot.
The purpose of the hearing is to receive comments from all interested persons
regarding adoption of proposed new Administrative Rules §15.161 and §15.162
regarding the Driver Responsibility Program. The rules are proposed for adoption
under the authority of Texas Transportation Code, §708.002 and §708.153.
The proposed rules were published in the November 12, 2004, issue of the
The hearing is in response to a request for public hearings received from
the Texas Criminal Defense Lawyers Association.
The hearing will be structured for the receipt of oral or written comments
by interested persons. Individuals may present oral statements when called
upon in order of registration. There will be no open discussion during the
hearing.
Persons with disabilities who plan to attend this meeting and who may need
auxiliary aids or services such as interpreters for persons who are deaf or
hearing impaired, readers, large print, Braille, are requested to contact
Sherrie Zgabay at (512) 424-5001, three work days prior to the meeting so
that appropriate arrangements can be made.
TRD-200500665
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Filed: February 14, 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 February 9, 2005, for a service provider certificate
of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of
the Public Utility Regulatory Act (PURA). A summary of the application follows.
Docket Title and Number: Application of Noble Phone Services, Inc. for
a Service Provider Certificate of Operating Authority, Docket Number 30746
before the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service and resale of
dial-up 56 KBPS connections.
Applicant's requested SPCOA geographic area includes the entire State of
Texas.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
March 2, 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 30746.
TRD-200500629
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 11, 2005
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on February 11, 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 Northeast Texas Broadband, LLC
for a Service Provider Certificate of Operating Authority, Docket Number 30750
before the Public Utility Commission of Texas.
Applicant intends to provide ADSL, HDSL, SDSL, RADSL, VDSL, and T1-Private
line services.
Applicant's requested SPCOA geographic area includes the area currently
served by all incumbent local exchange companies throughout the State of Texas.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
March 2, 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 30750.
TRD-200500691
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 15, 2005
Notice is given to the public of the filing with the Public Utility Commission
of Texas of a petition on February 11, 2005, for waiver of denial by the North
American Numbering Plan Administrator (NANPA) Pooling Administrator (PA) of
Cbeyond Communications of Texas, L.P.'s request for a thousands block of numbers
in the Grand Prairie and Pinehurst rate centers.
Docket Title and Number: Petition of Cbeyond Communications of Texas, L.P.
for Waiver of Denial of Numbering Resources in the Grand Prairie and Pinehurst
Rate Centers. Docket Number 30751 .
The Application: Cbeyond Communications of Texas, L.P. submitted an application
to the Pooling Administrator (PA) for numbering resources in the Grand Prairie
and Pinehurst rate centers. The PA denied the request based on the month-to-exhaust
and utilization criteria in 47 C.F.R. §52.15.
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
March 11, 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 30751.
TRD-200500692
Adrianna A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 15, 2005
Notice is given to the public of the filing with the Public Utility Commission
of Texas of a petition on February 11, 2005, for waiver of denial by the North
American Numbering Plan Administrator (NANPA) Pooling Administrator (PA) of
Cbeyond Communications of Texas, L.P.'s request for a thousands block of numbers
in the Tomball rate center.
Docket Title and Number: Petition of Cbeyond Communications of Texas, L.P.
for Waiver of Denial of Numbering Resources in the Tomball Rate Center. Docket
Number 30752 .
The Application: Cbeyond Communications of Texas, L.P. submitted an application
to the Pooling Administrator (PA) for numbering resources in the Tomball rate
center. The PA denied the request based on the month-to-exhaust and utilization
criteria in 47 C.F.R. §52.15.
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
March 11, 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 30752.
TRD-200500693
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 15, 2005
Request for Proposal for Aviation Engineering Services
The City of Fort Worth, through its agent, the Texas Department of Transportation
(TxDOT), intends to engage an aviation professional engineering firm for services
pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT, Aviation Division
will solicit and receive proposals for professional aviation engineering design
services described in this notice.
Airport Sponsor: City of Fort Worth, Fort Worth Meacham International Airport.
TxDOT CSJ No.:0502MEACH Scope: Provide engineering/design services to Rehabilitate
runway 16-34; Pave RW 16-34 Shoulders; Install Edge Drains RW 16-34; Replace
High Intensity Runway Lights RW 16-34; Light and Mark TW "A" as a Temporary
Runway; Restore TW "A" Lighting and Marking; Construct new aprons; improve
runway safety area and reinstall MALSR.
The DBE goal is set at 10%. TxDOT Project Manager is Alan Schmidt, P.E.
To assist in your proposal preparation the most recent Airport Layout Plan,
5010 drawing and Project Description are available online by selecting "Fort
Worth Meacham international Airport" at:
www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm
Interested firms shall utilize the latest version of Form AVN-550, titled
"Aviation Engineering Services Proposal." The form may be requested from TxDOT,
Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, phone number,
1-800-68-PILOT (74568). The form may be emailed by request or downloaded from
the TxDOT web site, URL address:
http://www.dot.state.tx.us/avn/avn550.doc
The form may not be altered in any way. All printing must be in black on
white paper, except for the optional illustration page. Firms must carefully
follow the instructions provided on each page of the form. Proposals may not
exceed the number of pages in the proposal format. The proposal format consists
of seven pages of data plus two optional pages consisting of an illustration
page and a proposal summary page. Proposals shall be stapled but not bound
in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.
(Attention: To ensure utilization of the latest version of Form 550, firms
are encouraged to download Form 550 from the TxDOT website as addressed above.
Utilization of Form 550 from a previous download may not be the exact same
format. Form 550 is an MS Word Template).
Four completed, unfolded copies of Form AVN 550 must be postmarked by U.
S. Mail by midnight Friday, March 18, 2005. (CDST). Mailing address: TxDOT,
Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483. Overnight
delivery must be received by 4:00 p.m. (CDST) on Monday, March 21, 2005; overnight
address: TxDOT, Aviation Division, 200 E. Riverside Drive, Austin, Texas,
78704. Hand delivery must be received by 4:00 p.m. Monday, March 21, 2005
(CDST); hand delivery address: 150 E. Riverside Drive, 5th Floor, South Tower,
Austin, Texas 78704. Electronic facsimiles or forms sent by email will not
be accepted. Please mark the envelope of the forms to the attention of Amy
Slaughter.
The consultant selection committee will be composed of local government
members.
The final selection by the sponsor’s committee will generally be
made following the completion of review of proposals. The committee will review
all proposals and rate and rank each. The criteria for evaluating engineering
proposals can be found at :
www.dot.state.tx.us/business/avnconsultinfo.htm
All firms will be notified and the top rated firm will be contacted to
begin fee negotiations. The selection committee does, however, reserve the
right to conduct interviews of the top rated firms if the committee deems
it necessary. In such case, selection will be made following interviews.
If there are any procedural questions, please contact Amy Slaughter, Grant
Manager, or Alan Schmidt, P.E., Project Manager for technical questions at
1-800-68-PILOT (74568).
TRD-200500741
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: February 16, 2005
Texas Department of Agriculture
Office of the Attorney General
Coastal Coordination Council
Office of Consumer Credit Commissioner
Credit Union Department
Applications to Expand Field of Membership
Notice of Final Action Taken
Texas Commission on Environmental Quality
Notice of District Petition
Notice of Public Hearing on Proposed Revisions to 30 TAC Chapters 101 and 116 and the State Implementation Plan
Notice of Water Quality Applications
Office of the Governor
Texas Health and Human Services Commission
Notification of Consulting Procurement
Request for Proposals
Department of State Health Services
Notice of Agreed Order with Fairmont Diagnostic Center and Open MRI, Inc.
Notice of Withdrawal of Preliminary Report for Assessment of Administrative Penalties to Scott Shepard, D.C., dba Shepard Family Chiropractic
Texas Department of Housing and Community Affairs
Texas Department of Insurance
Company Licensing
Texas Department of Licensing and Regulation
Texas Lottery Commission
Manufactured Housing Division
Notice of Public Hearing
Texas Department of Public Safety
Public Utility Commission of Texas
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Petition for Waiver of Denial of Request for NXX Code
Notice of Petition for Waiver of Denial of Request for NXX Code
Texas Department of Transportation
Texas Workers' Compensation Commission