TITLE in-addition

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


Texas Department of Agriculture

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


Office of the Attorney General

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


Coastal Coordination Council

Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. 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


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the period of 02/21/05 - 02/27/05 is 18% for Consumer 1 /Agricultural/Commercial2 /credit thru $250,000.

The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the period of 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


Credit Union Department

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


Applications to Expand Field of Membership

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

An application was received from 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


Notice of Final Action Taken

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

Application(s) to Expand Field of Membership - Approved

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


Texas Commission on Environmental Quality

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 http://www.tnrcc.state.tx.us/permitting/remed/superfund.html.

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


Notice of District Petition

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


Notice of Public Hearing on Proposed Revisions to 30 TAC Chapters 101 and 116 and the State Implementation Plan

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


Notice of Water Quality Applications

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


Office of the Governor

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


Texas Health and Human Services Commission

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


Notification of Consulting Procurement

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


Request for Proposals

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


Department of State Health Services

Licensing Actions for Radioactive Materials

TRD-200500730

Cathy Campbell

Director, Legal Services

Department of State Health Services

Filed: February 16, 2005


Notice of Agreed Order with Fairmont Diagnostic Center and Open MRI, Inc.

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 of Withdrawal of Preliminary Report for Assessment of Administrative Penalties to Scott Shepard, D.C., dba Shepard Family Chiropractic

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


Texas Department of Housing and Community Affairs

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


Texas Department of Insurance

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


Company Licensing

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


Texas Department of Licensing and Regulation

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


Texas Lottery Commission

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:

Figure 1: GAME NO. 539 - 1.2D

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

Figure 2: GAME NO. 539 - 1.2E

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

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

G. Low-Tier Prize - A prize of $2.00, $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:

Figure 3: GAME NO. 539 - 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 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


Manufactured Housing Division

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 of Public Hearing

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


Texas Department of Public Safety

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 Texas Register (29 TexReg 10467).

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


Public Utility Commission of Texas

Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on 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 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 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 of Petition for Waiver of Denial of Request for NXX Code

Notice is given to the public of the filing with the Public Utility Commission of Texas of a petition on 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 of Petition for Waiver of Denial of Request for NXX Code

Notice is given to the public of the filing with the Public Utility Commission of Texas of a petition on 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


Texas Department of Transportation

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 Workers' Compensation Commission

Invitation to Apply to the Medical Advisory Committee (MAC)

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

Primary

* Public Health Care Facility

Alternate

* Public Health Care Facility

* Dentist

* Pharmacist

* Podiatrist

* Employer

* Employee

* General Public Representative 1

* General Public Representative 2

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

The Medical Advisory Committee meetings must be held at least quarterly each fiscal year during regular Commission working hours. Members are not reimbursed for travel, per diem, or other expenses associated with Committee activities and meetings. Voluntary service on the Medical Advisory Committee is greatly appreciated by the TWCC Commissioners and the TWCC Staff.

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

Applications and other relevant Medical Advisory Committee information may be viewed and downloaded from the Commission's website at http://www/twcc.state.tx.us. Click on 'Commission Meetings', then 'Medical Advisory Committee'. Applications may also be obtained by calling Jane McChesney, MAC Coordinator, at 512-804-4855 or Ruth Richardson, Manager of Monitoring, Analysis and Education, Medical Review Division at 512-804-4850 .

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

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

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

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

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

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

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

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

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

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

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

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

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

RESPONSIBILITY OF MAC MEMBERS Primary Members. Make recommendations on medical issues as required by the Medical Review Division.

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

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

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

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

Maintain knowledge of MAC proceedings.

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

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

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

Responsibilities of the Chairman: Preside at MAC meetings and ensure the orderly and efficient consideration of matters requested by the Medical Review Division; prior to meetings, confer with the Medical Review Division Director, and when appropriate, the TWCC Executive Director to receive information and coordinate:

a. Preparation of a suitable agenda.

b. Planning MAC activities.

c. Establishing meeting dates and calling meetings.

d. Establishing subcommittees.

e. Recommending MAC members to serve on subcommittees.

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

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

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

Preparing agenda and support materials for each meeting.

Preparing and distributing information and materials for MAC use.

Maintaining MAC records.

Preparing minutes of meetings.

Arranging meetings and meeting sites.

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

Maintaining attendance records.

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

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

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

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

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

Comportment Requirements for MAC Members:

Learn their duties and perform them in a responsible manner;

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

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

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

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

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

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

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

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

TRD-200500687

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: February 15, 2005