Texas Department of Agriculture
Request for Proposals: Texas Yes! Matching Fund Program
The Marketing and Promotion Division of the Texas Department of Agriculture
(the department) hereby requests proposals for Texas Yes! Matching Fund Program
projects for the period of September 1, 2005 through August 31, 2007. The
Texas Yes! Hometown STARS Matching Fund Program is a matching funds reimbursement
program designed to directly promote tourism in rural Texas by developing
promotional campaigns based on project requests submitted by successful applicants.
Program and project proposal application information can be obtained at: www.texasyes.org
or by contacting the Funding Coordinator at (512) 463-7731 or (866) 4TEX-YES.
Eligibility.
To be eligible for participation
in the matching funds program, an applicant must be a Texas Yes! community
member who is a city or county, and is in good standing with the department.
A Texas Yes! community member that is a city or county can submit a proposal
on behalf of an event, festival or fair. The community member will be responsible
for providing the sales tax information, other economic impact information,
and any additional documentation or information requested by the department
to indicate the impact of the project on the community or region. The department
has the sole discretion to determine whether a project meets program eligibility
requirements. A current Texas Yes! community member is limited to one approved
project for the biennium which begins September 1, 2005 and ends August 31,
2007.
Proposal Requirements.
To apply for Texas
Yes! Hometown STARS matching funds a community member who is a city or county
must: (i) prepare and submit a project request in accordance with this RFP;
(ii) submit a sworn affidavit disclosing any existing or potential conflict
of interest related to the evaluation of the project plan by the Texas Yes!
Hometown STARS Review Team; and (iii) acknowledge that the applicant will
notify the department of any change in the status of the project.
The deadline for submission of project requests is September 1, 2005. The
department will only consider the first fifteen applications that it receives.
Each project proposal must use the Texas Yes! Hometown STARS project proposal
form, located on the Texas Yes! Web site at www.texasyes.org. Each project
request submitted by an eligible applicant must describe the advertising or
other market-oriented promotional activities to be carried out using matching
funds and must include a cover page including the name, title and address
of applicant and agent; a detailed specific narrative that contains a brief
description of the community or city, a brief description of the tourism event
that will be promoted, dates and location of the tourism event, why the applicant
wants to promote the event, how the matching funds will be used to promote
the tourism event, how the Texas Yes! Hometown STARS matching funds will improve
the event, how the Texas Yes! program will be promoted as part of the promotional
campaign, how the applicant will work with other entities to promote the event,
what impact is expected from the event and how the applicant will collect
the necessary data to measure the impact of the promotion; a detailed budget/activity
request; a signed original Resolution Authorizing Application from the governing
body of the applicant; a signed original Reimbursement Guidelines document
and a signed original Acknowledgement of proposal completion and receipt of
the Reimbursement Guidelines. Please send one original for initial review
by the Funding Coordinator and then follow up with 10 additional copies, when
requested by the Funding Coordinator, that will be distributed to the Review
Team.
All approved projects must not begin until November 1, 2005 and must be
completed by August 31, 2007, or the date specified in the project agreement,
whichever is earlier. All purchasing of approved budget items and the actual
events must occur within the agreement period. All approved projects will
be subject to audit and periodic reporting requirements.
Proposals should be submitted to:
Debbie
Wall, Funding Coordinator, Texas Department of Agriculture, 1700 North Congress
Avenue, 11th Floor, Austin, Texas 78701. Ms. Wall may be contacted by telephone
at (512) 463-7731, by fax at 1-888-223-7045 or e-mail at debbie.wall@agr.state.tx.us
for additional information about preparing the proposal.
All qualifying proposals will be evaluated by the Texas Yes! Hometown STARS
Review Team, which is appointed by the Commissioner of Agriculture. The Texas
Yes! Hometown STARS Review Team members are representatives from the following
areas: media, print, travel industry, art, agricultural tourism, rural economic
development, historical preservation, cultural diversity, entertainment industry,
GO TEXAN Partner Program, and awarded Texas Yes! communities. Proposals will
be selected for reimbursement funding on a competitive basis. The proposals
will be rated on ten general criteria by the Texas Yes! Hometown STARS Review
Team. The ten criteria are as follows: (i) the proposal displays a well planned
vision for the tourism event promotion; (ii) the proposal presents concrete
goals for this project; (iii) the proposal is unique and innovative; (iv)
the anticipated results indicate a good return on investment; (v) the proposal
includes efforts to effectively utilize regional resources; (vi) the event
offers good potential to draw new and returning visitors from outside the
area; (vii) the promotion will further enhance the Texas Yes! program with
a high level of visibility for Texas Yes! (viii) the proposed budget is appropriate
and well developed; (ix) the proposal includes a well-conceived and tangible
plan for impact measurement; and (x) based on the information in the proposal,
the promoted event appears to have a high probability for success with room
to expand and grow. The department's Texas Yes! Hometown STARS Review Committee
will base its award decisions on the Texas Yes! Hometown STARS Review Team's
recommendations and each applicant's overall score. The factors that the department
will consider when evaluating each application are subject to change, without
notice, at the discretion of the department.
Only project requests that further or enhance the department's Texas Yes!
Program and are submitted by applicants physically located in Texas will be
funded. The department reserves the right to terminate any award if it determines,
in its sole discretion, that a project does not further or enhance the goals
of the Texas Yes! Program.
The program is subject to the availability of state funds. If such funds
become unavailable during the term of the program and the department is unable
to obtain sufficient funds, the program and any agreements shall be reduced
or terminated.
The announcement of the grant awards will be made by the Funding Coordinator
after the first fifteen applications received by the department have been
fully considered.
TRD-200502940
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Filed: July 19, 2005
Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program
On January 10, 1997, the State of Texas received federal approval of the
Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under
federal law, federal agency activities and actions affecting the Texas coastal
zone must be consistent with the CMP goals and policies identified in 31 TAC
Chapter 501. Requests for federal consistency review were deemed administratively
complete for the following project(s) during the period of July 8, 2005, through
July 14, 2005. As required by federal law, the public is given an opportunity
to comment on the consistency of proposed activities in the coastal zone undertaken
or authorized by federal agencies. Pursuant to 31 TAC §§506.25,
506.32, and 506.41, the public comment period for these activities extends
30 days from the date published on the Coastal Coordination Council web site.
The notice was published on the web site on July 20, 2005. The public comment
period for these projects will close at 5:00 p.m. on August 19, 2005.
FEDERAL AGENCY ACTIONS:
Applicant: William Hector
; Location: The
project is located in wetlands adjacent to the Gulf of Mexico and the Gulf
Intracoastal Waterway, east of FM 457 and the Sargent Swing Bridge, at 2441
and 2442 Canal Drive, in Sargent, Matagorda County, Texas. The project can
be located on the U.S.G.S. quadrangle map entitled: Cedar Lakes West, Texas.
Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 244831;
Northing: 3185287. Project Description: The applicant proposes to retain 0.21
acre of fill. Two lots, at 2441 and 2442 Canal Drive were filled in January
of 2002 without a Department of the Army permit. The wetlands were composed
of salt-tolerant vegetation including Gulf cordgrass (Spartina spartinae),
sea-oxeye daisy (Borrichia frutescens), saltwort (Batis maritima), and saltgrass
(Distichlis spicata). As compensation for the impact the applicant proposes
to undertake the construction of two educational billboards to be placed on
Matagorda County property near the intersection of FM 457 and Canal Drive
just south of the Sargent Swing Bridge. CCC Project No.: 05-0358-F1; Type
of Application: U.S.A.C.E. permit application #23621 is being evaluated under §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 Commission on Environmental
Quality under §401 of the Clean Water Act.
Applicant: Erskine Energy, LLC
; Location:
The project is located in wetlands adjacent to the Gulf Intracoastal Waterway
between 10th Street and 12th Street, in Port Bolivar, Galveston County, Texas.
The project can be located on the U.S.G.S. quadrangle map entitled: Port Bolivar,
Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 328146;
Northing: 3251362. Project Description: The applicant proposes to construct
three ring levees to drill and produce the State Tract 334 Well No. 001. The
proposed ring levees measure 160 feet by 305 feet, 100 feet by 75 feet, and
150 feet by 120 feet. Material for the levees will be excavated from within
the leveed perimeter. In addition, installation of a driveway measuring 90
feet in width is proposed to provide site access. A 24-inch diameter culvert
will be installed beneath the driveway. The proposal includes the fill of
0.74 acre of wet pasture and wetlands within a leveed area previously used
for dredged material placement. The leveed placement area containing wetlands
was not previously permitted and appears to have been constructed in the 1970s.
CCC Project No.: 05-0359-F1; Type of Application: U.S.A.C.E. permit application
#23761 is being evaluated under §404 of the Clean Water Act (33 U.S.C.A. §1344).
Note: The consistency review for this project may be conducted by the Texas
Railroad Commission under §401 of the Clean Water Act.
Applicant: The Premcor Refining Group, Inc.
;
Location: The project is located on Taylor's Bayou, at the turning basin,
in Jefferson County, Texas. The project can be located on the U.S.G.S. quadrangle
map entitled: Port Arthur, Texas. Approximate UTM Coordinates in NAD 27 (meters):
Zone 15; Easting: 406326; Northing: 3302375. Project Description: The applicant
is requesting to perform maintenance dredging for 10 years within a 6-acre
area of the Taylor's Bayou Turning Basin. The proposed depth of the hydraulic
dredge would be to the previously authorized depth of -43 feet. The applicant
proposes to use USACE Dredge Placement Areas 8 and 9. The applicant has signed
a Texas Commission on Environmental Quality Tier I check list for the return
water from the hydraulic dredging. CCC Project No.: 05-0363-F1; Type of Application:
U.S.A.C.E. permit application #11636(03) 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).
Applicant: Harris County Public Infrastructure Department/Engineering
Division
; Location: The project is located along Vince Bayou, at Main
Street, south of State Highway (SH) 225, in Pasadena, Harris County, Texas.
The project can be located on the U.S.G.S. quadrangle map entitled: Pasadena,
Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 285613;
Northing: 3287783. Project Description: The applicant proposes to replace
three existing, asphalt pavement lanes of Main Street from SH 225 to 500 feet
south of Southmore Avenue with three concrete paved, curbed and gutter lanes.
Drainage will be through curbed inlets connected to three reconstructed storm
sewers with three respective outfalls into Vince Bayou. A headwall addition
will be constructed west of Park Street at Vince Bayou, and an outfall constructed
north of West Thomas Street at Vince Bayou, and a third outfall west of Ellaine
Street, will be replaced. The 1,320-foot- long 0.36-acre open drainage ditch
(HCFCD #1105) from Walter Street and West Thomas northwest to Vince Bayou
will be replaced with box culverts. Drainage swales with inlets will be placed
above the box culverts to provide storm water drainage from the surrounding
properties. Compensatory mitigation will be the construction of 0.4 acre of
high quality adjacent wetlands to the east bankline of Vince Bayou and the
in-situ swales above the box culverts. The total amount of fill to be placed
in jurisdictional waters below the ordinary high water mark is 28.96 cubic
yards of fill for the proposed outfall structure at the West Thomas site.
The purpose of the project is to improve vehicular safety, increase traffic
flow on Main Street, and improve storm water drainage in the surrounding area
to alleviate urban flooding. CCC Project No.: 05-0367-F1; Type of Application:
U.S.A.C.E. permit application #23790 is being evaluated under §404 of
the Clean Water Act (33 U.S.C.A. §1344).
Applicant: Orange County Navigation and Port District
; Location: The project is located within the Sabine River, at 1006
DuPont Drive, in Orange County, Texas. The project can be located on the U.S.G.S.
quadrangle map entitled: Orange, Texas. Approximate UTM Coordinates in NAD
27 (meters): Zone 15; Easting: 429431; Northing: 3328066. Project Description:
The applicant proposes to construct 1,133 linear feet of bulkhead, place 140
cubic yards of riprap, and mechanically dredge 2 acres to a depth of -12 feet
in the Sabine River. The dredge material will be placed within the Port of
Orange Dredge Material Placement Area. The applicant also request to perform
maintenance dredging for 10 years. CCC Project No.: 05-0368-F1; Type of Application:
U.S.A.C.E. permit application #23801 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).
Applicant: Walter Oil and Gas Corporation
;
Location: The project is located in a Federal Fairway, offshore in the Gulf
of Mexico, in East Breaks Block 254. The pipeline will enter the fairway at
X=1,226,169; Y=10,058,347 and exit at X=1,223,826.24; Y=10,065,251.86. Project
Description: The applicant proposes to install a 4-inch bulk oil pipeline
and associated umbilical from an existing subsea well to a Panoco, Inc. platform
"A". The pipeline and umbilical will be placed on the sea floor. The water
depth at the project location is -1,600 feet. CCC Project No.: 05-0369-F1;
Type of Application: U.S.A.C.E. permit application #23846 is being evaluated
under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).
Applicant: Vista del Sol LNG Terminal, LP
;
Location: The project is located near Ingleside, San Patricio County, Texas.
The terminal site can be located on the U.S.G.S. quadrangle map entitled:
Gregory, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting:
670932; Northing: 3085466. The proposed mitigation site is located west of,
and in close proximity (3 miles) to, the terminal site (Figure 1) with the
mitigation site center located at Approximate UTM Coordinates in NAD 27 (meters):
Zone 14; Easting: 666699; Northing: 3084211. Project Description: Vista del
Sol LNG LP (VdSLNG) applied for a Department of the Army Permit to construct
and operate a Liquefied Natural Gas (LNG) marine terminal for the importation,
storage, and regasification of foreign-sourced LNG. The proposed project will
include a marine terminal that will receive up to 100 LNG ships per year,
with berthing capabilities to moor up to two LNG ships. To accommodate LNG
ships with capacities between 125,000 and 250,000 cubic meters, a slip will
be constructed that initially includes one 1,289-foot-long berth. The proposed
marine slip will be approximately 1,250 feet wide by 1,550 feet long and dredged
to a depth of 42 feet below mean lower low water (MLLW). Public Notice 23611
was issued on January 19, 2005. Very little feedback from the public or Federal
and state resource agencies on the impacts of the terminal or the pipeline.
However, two resource agencies had concerns about the original wetland mitigation
plan. Since that time the applicant has been developing a new wetland mitigation
plan that will offset the impacts to the aquatic environment. The new mitigation
plan proposes to use some of the material excavated from the marine slip to
create a mitigation site in Corpus Christi Bay just offshore of Portland,
San Patricio County, Texas. The applicant proposes to build a rock-lined berm,
and fill in the area behind the berm to create wetlands, a shallow water area,
and seagrass habitat. The remainder of the dredged material will be used to
cap residue bauxite storage cells at the nearby Alcoa facility, and/or be
placed in Dredged Material Placement Area 13 (PA-13). The construction of
the terminal project would result in unavoidable impacts to seagrass and wetland
habitat. Approximately 6.7 acres of coastal marsh (wetland), 1.1 acres of
unvegetated intertidal flats and 16.7 acres of fringing seagrass will be removed
during dredging activities associating with the construction of the marine
terminal. VdSLNG proposes to create 20 acres of coastal marsh, 1 acre of unvegetated
intertidal flats and 50 acres of seagrass habitat in shallow (<10 feet)
water along the exposed north shore of Corpus Christi Bay. The mitigation
site would also enhance existing seagrass beds along the shoreline by providing
a breakwater, which will calm the waters and provide an environment more conducive
to seagrass colonization. CCC Project No.: 05-0373-F1; Type of Application:
U.S.A.C.E. permit application #23801 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-200502951
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: July 20, 2005
Notice of Rate Ceilings
The Consumer Credit Commissioner of Texas has ascertained the following
rate ceilings by use of the formulas and methods described in 303.003, 303.009,
and 304.003, Tex. Fin. Code.
The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the
period of 07/25/05 - 07/31/05 is 18% for Consumer
1
/Agricultural/Commercial
2
/credit thru
$250,000.
The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the
period of 07/25/05 - 07/31/05 is 18% for Commercial over $250,000.
The judgment ceiling as prescribed by Sec. 304.003 for the period of 08/01/05
- 08/31/05 is 6.25% for Consumer/Agricultural/Commercial/credit thru $250,000.
The judgment ceiling as prescribed by Sec. 304.003 for the period of 08/01/05
- 08/31/05 is 6.25% for Commercial over $250,000.
1
Credit for personal, family or household
use.
2
Credit for business, commercial, investment
or other similar purpose.
TRD-200502930
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: July 19, 2005
Applications for a Merger or Consolidation
Notice is given that the following application has been filed with the
Credit Union Department and is under consideration:
An application was received from Archer County Credit Union (Archer City)
seeking approval to merge with PosTel Family Credit Union (Wichita Falls),
with the latter being the surviving 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. 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-200502949
Harold E. Feeney
Commissioner
Credit Union Department
Filed: July 20, 2005
Notice is given that the following application has been filed with the
Credit Union Department and is under consideration:
An application for a name change was received from First Community Credit
Union, Portland, Texas. The credit union is proposing to change its name to
Horizon 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. 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-200502947
Harold E. Feeney
Commissioner
Credit Union Department
Filed: July 20, 2005
Notice is given that the following applications have been filed with the
Credit Union Department and are under consideration:
An application was received from North East Texas Credit Union, Lone Star,
Texas to expand its field of membership. The proposal would permit persons
who reside, work, worship or attend school in Upshur County, Texas, to be
eligible for membership in the credit union.
An application was received from Associated Credit Union of Texas, Texas
City, Texas to expand its field of membership. The proposal would permit persons
who live, work, worship or attend school within a ten-mile radius of the credit
union office at 18322 Clay Road, Houston, TX 77084, to be eligible for membership
in the credit union.
An application was received from Star One Credit Union, Sunnyvale, California
to expand the field of membership of its branch office located in Austin,
Texas. The proposal would permit employees of Fired Up, Inc. who work in,
are paid from or supervised from Austin, Texas, 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-200502948
Harold E. Feeney
Commissioner
Credit Union Department
Filed: July 20, 2005
In accordance with the provisions of 7 TAC §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
Doches Credit Union, Nacogdoches, Texas (#1) (Conditional) - See
Doches Credit Union, Nacogdoches, Texas (#2) (Conditional) - See
Credit Union of Texas, Dallas, Texas - See
Texas
Register
issue dated April 29, 2005.
Capitol Credit Union, Austin, Texas - See
Texas
Register
issue dated April 29, 2005.
Application(s) to amend Articles of Incorporation - Approved
Varco Employees Credit Union, Houston, Texas - See
Texas Register
issue dated May 27, 2005.
Concho Valley Government Employees Credit Union, San Angelo, Texas - See
Application(s) for a Merger or Consolidation - Approved
KGR Credit Union (Dallas) and Neighborhood Credit Union (Dallas) - See
TRD-200502950
Harold E. Feeney
Commissioner
Credit Union Department
Filed: July 20, 2005
The Credit Union Department will hold a public hearing for the purpose
of receiving oral comments, views, and/or testimony concerning the various
issues surrounding a credit union to mutual savings bank conversion. The hearing
will be held on August 30, 2005 beginning at 9:00 a.m. in the Conference Room
at the Department’s headquarters, 914 East Anderson Lane, Austin, Texas.
Hearing Officers designated by the Department will preside over the hearing.
The hearing will be informal, and the rules of evidence will not apply. However,
only the Hearing Officers may question a participant during a presentation.
Each participant making an oral presentation at the hearing will be limited
to 10 minutes. While oral presentations are limited to 10 minutes, there is
no limit on the length of a written statement, which may be turned in at the
hearing. Further, the hearing may be recorded.
The Department believes that public participation will provide valuable
insight into the issues and will assist the Department in deciding whether
to recommend to the Credit Union Commission potential revisions to 7 TAC Section
91.1004. If the Commission determines that modifications to the Rule are appropriate,
a notice of proposed rulemaking will be published in the Texas Register, and
an additional opportunity for public comment will be provided. Although the
Department is particularly interested in obtaining the public’s comments
on the specific issues highlighted in this notice, it is also interested in
the public’s thoughts on any other legal or policy issues implicated
by a credit union’s decision to convert to a mutual savings bank. As
a result, the Department encourages interested parties to address not only
the highlighted issues, but also all other issues associated with a credit
union conversion.
With respect to the specific issues surrounding a credit union to mutual
savings bank conversion, the Department requests the public’s view on
the following:
1. Do regulatory impediments exist that will adversely affect the future
growth and development of credit unions?
2. Are there any economic forces or demographic trends forcing credit unions
to consider charter alternatives to survive?
3. Do the current disclosure requirements deliver information that is both
understandable and useful to the member? Is there additional specific information
that is needed by a member to make an informed decision on a conversion proposal?
4. Should a credit union be required to receive the approval to convert
from some minimum number of members or some specific percentage of the members
present and voting at the special meeting on the conversion proposal? If so,
what number or percentage and why.
5. Should limitations be imposed on the types of prizes or other inducements
that can be used to encourage member participation in the voting process?
6. Should members be provided some type of mechanism to share their opinions
on the conversion? If so, what mechanism would provide the most benefit?
7. From a public policy perspective, are there any studies, statistics
or other empirical data that would indicate mutual savings banks do not offer
credit and savings products or other products and services, or otherwise fulfill
their obligations to their members to the same extent as credit unions?
Attendance at the hearing is not required in order to submit a written
statement; however, all written comments must be received by the close of
business on August 30, 2005. Each participant’s statement, whether oral
or written, must include the participant’s name, address, telephone
number, email address, and, if applicable, the name and address of the institution
or organization the participant represents.
Persons with disabilities may request reasonable accommodations such as
interpreters, alternative formats, or assistance with physical accessibility.
Request for special accommodations must be made 72 hours prior to the designated
time set for the hearing by contacting Linda Clevlen by mail, telephone, or
email.
TRD-200502932
Harold E. Feeney
Commissioner
Credit Union Department
Filed: July 19, 2005
Enforcement Orders
An agreed order was entered regarding Lajitas Management, LLC dba Lajitas
Utility Co., Inc., Docket No. 2001-0901-MLM-E on 07/01/2005 assessing $12,312
in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Alfred Okpohworho, Staff Attorney at (713) 422-8918, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Mark Nash dba Nash Landscaping, Docket
No. 2002-0693-LII-E on 07/01/2005 assessing $1,875 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Becky Petty, Staff Attorney at (512) 239-3693, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Cass County dba Moore's Landing County
Park, Docket No. 2003-1210-PWS-E on 07/01/2005 assessing $1,150 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Lawrence King, Enforcement Coordinator at (512) 239-7037, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Leroy Kirbie, Jr., Docket No. 2003-1574-OSI-E
on 07/01/2005 assessing $500 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Jennifer Cook, Staff Attorney at (512) 239-1873, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding East Cedar Creek Fresh Water Supply
District, Docket No. 2003-1420-MWD-E on 07/01/2005 assessing $19,760 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Tom Greimel, Enforcement Coordinator at (512) 239-5690, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Buckley Oil Co, Docket No. 2004-0012-MLM-E
on 07/01/2005 assessing $23,490 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Jim Biggins, Staff Attorney at (210) 403-4017, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Silas Frank Clark dba Clark's Backhoe
Service, Docket No. 2003-0612-OSI-E on 07/01/2005 assessing $1,375 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Jeffrey Huhn, Staff Attorney at (512) 239-5111, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Tyler Pipe Company, A Division of
McWane, Inc., Docket No. 2003-0618-MLM-E on 07/01/2005 assessing $1,500,000
in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Jim Biggins, Staff Attorney at (210) 403-4017, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Travel Mart, Inc., Docket No. 2003-1458-PST-E
on 07/01/2005 assessing $6,750 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Becky Petty, Staff Attorney at (512) 239-3693, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Milford, Docket No. 2003-1459-MWD-E
on 07/01/2005 assessing $18,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Pam Campbell, Enforcement Coordinator at (512) 239-4493, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Transcontinental Gas Pipe Line Corporation,
Docket No. 2004-0029-AIR-E on 07/01/2005 assessing $4,500 in administrative
penalties with $900 deferred.
Information concerning any aspect of this order may be obtained by contacting
Audra Ruble, Enforcement Coordinator at (361) 825-3126, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Pearsall, Docket No. 2003-0377-MWD-E
on 07/01/2005 assessing $5,050 in administrative penalties with $1,010 deferred.
Information concerning any aspect of this order may be obtained by contacting
Pam Campbell, Enforcement Coordinator at (512) 239-4493, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Magnolia, Docket No. 2003-1295-MWD-E
on 07/01/2005 assessing $6,250 in administrative penalties with $1,250 deferred.
Information concerning any aspect of this order may be obtained by contacting
Mike Meyer, Enforcement Coordinator at (512) 239-4492, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Advantage Asphalt Products, Ltd,
Docket No. 2003-1310-AIR-E on 07/01/2005 assessing $750 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Alfred Okpohworho, Staff Attorney at (713) 422-8918, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Anwar Dayani dba Sid's Food Store,
Docket No. 2003-1140-PST-E on 07/01/2005 assessing $4,280 in administrative
penalties with $3,680 deferred.
Information concerning any aspect of this order may be obtained by contacting
Alfred Okpohworho, Staff Attorney at (713) 422-8918, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Rainbow Materials, LP, Docket No.
2001-1170-MLM-E on 07/01/2005 assessing $8,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Deborah Bynum, Staff Attorney at (512) 239-1976, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Azle, Docket No. 2003-1153-MWD-E
on 07/01/2005 assessing $12,075 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Brian Lehmkuhle, Enforcement Coordinator at (512) 239-4482, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Nucor Steel-Texas, A Division of
Nucor Corporation, Docket No. 2002-0837-AIR-E on 07/01/2005 assessing $327,500
in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Booker Harrison, Staff Attorney at (512) 239-4113, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Shawn Horvath dba Aero Valley Water
Service, Docket No. 2002-0867-PWS-E on 07/01/2005 assessing $19,400 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Jennifer Cook, Staff Attorney at (512) 239-1873, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Goldthwaite, Docket No. 2003-1513-PWS-E
on 07/11/2005 assessing $4,385 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Kent Heath, Enforcement Coordinator at (512) 239-4575, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An order was entered regarding Lee Bell, Docket No. 2003-0481-MSW-E on
07/01/2005 assessing $13,500 in administrative penalties with $5,000 deferred.
Information concerning any aspect of this order may be obtained by contacting
Mary Risner, Staff Attorney at (512) 239-6224, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Ranger Gas Gathering, L.L.C., Docket
No. 2002-1054-AIR-E on 07/01/2005 assessing $7,875 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Benjamin Deleon, Staff Attorney at (512) 239-6939, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Javier Ulloa dba J. E. A. Used Tires,
Docket No. 2003-0492-MSW-E on 07/01/2005 assessing $13,050 in administrative
penalties with $2,610 deferred.
Information concerning any aspect of this order may be obtained by contacting
Richard Croston, Enforcement Coordinator at (512) 239-5717, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CMH Parks, Inc. dba Raintree Acres
Mobile Home Park, Docket No. 2004-0374-MWD-E on 07/01/2005 assessing $33,000
in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Jennifer Cook, Staff Attorney at (512) 239-1873, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Gulf Reduction Corporation, Docket
No. 2004-0421-IHW-E on 07/01/2005 assessing $8,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Alfred Okpohworho, Staff Attorney at (713) 422-8918, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Leading Edge Aviation Services Amarillo,
Inc., Docket No. 2004-0444-IHW-E on 07/01/2005 assessing $29,314 in administrative
penalties with $5,863 deferred.
Information concerning any aspect of this order may be obtained by contacting
Suzanne Walrath, Enforcement Coordinator at (512) 239-2134, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Coastal King, Ltd., Docket No. 2004-0447-PST-E
on 07/01/2005 assessing $3,750 in administrative penalties with $750 deferred.
Information concerning any aspect of this order may be obtained by contacting
Steven Lopez, Enforcement Coordinator at (512) 239-1896, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Huntsman Petrochemical Corporation,
Docket No. 2004-0518-AIR-E on 07/01/2005 assessing $9,828 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Kent Heath, Enforcement Coordinator at (512) 239-4575, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Campbell Concrete & Materials,
L.P., Docket No. 2004-0558-AIR-E on 07/01/2005 assessing $5,200 in administrative
penalties with $1,040 deferred.
Information concerning any aspect of this order may be obtained by contacting
Tel Croston, Enforcement Coordinator at (512) 239-5717, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Burleson County MUD 1, Docket No.
2004-0657-PWS-E on 07/01/2005 assessing $400 in administrative penalties with
$80 deferred.
Information concerning any aspect of this order may be obtained by contacting
Mike Meyer, Enforcement Coordinator at (512) 239-4492, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Industrial Fab, Inc., Docket No.
2004-0733-AIR-E on 07/01/2005 assessing $2,760 in administrative penalties
with $552 deferred.
Information concerning any aspect of this order may be obtained by contacting
Lori Thompson, Enforcement Coordinator at (903) 535-5116, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Hausman Road Partners, Ltd., Docket
No. 2004-0768-EAQ-E on 07/01/2005 assessing $9,375 in administrative penalties
with $1,875 deferred.
Information concerning any aspect of this order may be obtained by contacting
Rebecca Clausewitz, Enforcement Coordinator at (210) 403-4012, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Plains Pipeline, LP, Docket No. 2004-0792-AIR-E
on 07/01/2005 assessing $16,075 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Carolyn Lind, Enforcement Coordinator at (903) 535-5145, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding William Briley and Darlene Briely
dba Country Meadows Mobile Home Park, Docket No. 2004-0919-MWD-E on 07/01/2005
assessing $5,775 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Merrilee Hupp, Enforcement Coordinator at (512) 239-4490, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Rebecca Creek Municipal Utility District,
Docket No. 2004-0969-PWS-E on 07/01/2005 assessing $300 in administrative
penalties with $60 deferred.
Information concerning any aspect of this order may be obtained by contacting
Chad Blevins, Enforcement Coordinator at (512) 239-6017, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Edward Ned, Jr., Melissa Smith, Edward
Smith, Sr. and Dorothy Smith dba Bayou Pines Park, Docket No. 2004-0997-MWD-E
on 07/01/2005 assessing $17,460 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
John Barry, Enforcement Coordinator at (409) 899-8781, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Belco Manufacturing Company, Inc.,
Docket No. 2004-1025-AIR-E on 07/01/2005 assessing $6,200 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Tel Croston, Enforcement Coordinator at (512) 239-5717, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Panama Materials, LLC dba Panama
Materials Quarry, Docket No. 2004-1105-WQ-E on 07/01/2005 assessing $21,850
in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Mary Lyons, Staff Attorney at (512) 239-0600, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Village of Briarcliff, Docket No.
2004-1131-PWS-E on 07/01/2005 assessing $298 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Michael Limos, Enforcement Coordinator at (512) 239-5839, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Ali Hamoudeh Ahmad dba Trading Post
Food Store, Docket No. 2004-1194-PST-E on 07/01/2005 assessing $1,350 in administrative
penalties with $270 deferred.
Information concerning any aspect of this order may be obtained by contacting
Steven Lopez, Enforcement Coordinator at (512) 239-1896, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Texas Department of Transportation,
Docket No. 2004-1203-MWD-E on 07/01/2005 assessing $2,580 in administrative
penalties with $516 deferred.
Information concerning any aspect of this order may be obtained by contacting
Jaime Garza, Enforcement Coordinator at (956) 430-6030, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding TXU Gas Company dba Lone Star Pipeline
Company Inc, Docket No. 2004-1215-AIR-E on 07/01/2005 assessing $900 in administrative
penalties with $180 deferred.
Information concerning any aspect of this order may be obtained by contacting
Tel Croston, Enforcement Coordinator at (512) 239-5717, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Encycle/Texas, Inc., Docket No. 2004-1272-IHW-E
on 07/01/2005 assessing $7,350 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Tom Greimel, Enforcement Coordinator at (512) 239-5690, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Nederland, Docket No. 2004-1308-PWS-E
on 07/01/2005 assessing $1,270 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
John Barry, Enforcement Coordinator at (409) 899-8781, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Sayed R. Ali dba Texas Super Stop
Market, Docket No. 2004-1325-PST-E on 07/01/2005 assessing $3,270 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Jeffrey Huhn, Staff Attorney at (512) 239-5111, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Benneth Okongwu dba Mesa Drive Pharmacy,
Docket No. 2004-1371-PST-E on 07/01/2005 assessing $1,900 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Trina Grieco, Enforcement Coordinator at (210) 403-4006, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Summit Resort Developments, Inc.
dba Summit Estates at Fischer TX Unit 1, Docket No. 2004-1381-MLM-E on 07/01/2005
assessing $7,500 in administrative penalties with $1,500 deferred.
Information concerning any aspect of this order may be obtained by contacting
Rebecca Clausewitz, Enforcement Coordinator at (210) 403-4012, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Bluebonnet Investors dba Bluebonnet
Dairy, Docket No. 2004-1401-AGR-E on 07/01/2005 assessing $1,010 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Jorge Ibarra, Enforcement Coordinator at (817) 588-5890, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Arcelia Garcia dba Garcia's Food
Store, Docket No. 2004-1420-PST-E on 07/01/2005 assessing $9,000 in administrative
penalties with $1,800 deferred.
Information concerning any aspect of this order may be obtained by contacting
Jaime Garza, Enforcement Coordinator at (956) 430-6030, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Hobas Pipe USA, LP dba Hobas Pipe
USA, Inc., Docket No. 2004-1425-AIR-E on 07/01/2005 assessing $11,312 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Catherine Albrecht, Enforcement Coordinator at (713) 767-3672, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Unocal Pipeline Company, Docket No.
2004-1426-AIR-E on 07/01/2005 assessing $15,000 in administrative penalties
with $3,000 deferred.
Information concerning any aspect of this order may be obtained by contacting
Lori Thompson, Enforcement Coordinator at (903) 535-5116, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Allauddin Momin dba 6-M Grocery,
Docket No. 2004-1445-PST-E on 07/01/2005 assessing $2,100 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Ashley Kever, Staff Attorney at (512) 239-2987, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Erich A. Norton, Docket No. 2004-1459-LII-E
on 07/01/2005 assessing $250 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Mary Lyons, Staff Attorney at (512) 239-0600, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding C & R Distributing, Inc., Docket
No. 2004-1469-MLM-E on 07/01/2005 assessing $3,790 in administrative penalties
with $758 deferred.
Information concerning any aspect of this order may be obtained by contacting
Lori Thompson, Enforcement Coordinator at (903) 535-5116, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding BP Products North America Inc., Docket
No. 2004-1532-AIR-E on 07/01/2005 assessing $8,372 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Mary Lyons, Staff Attorney at (512) 239-0600, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Huntsman Petrochemical Corporation,
Docket No. 2004-1538-AIR-E on 07/01/2005 assessing $4,280 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Kensley Greuter, Enforcement Coordinator at (512) 239-2520, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Fletcher Fields, Docket No. 2004-1549-LII-E
on 07/01/2005 assessing $250 in administrative penalties with $50 deferred.
Information concerning any aspect of this order may be obtained by contacting
Craig Fleming, Enforcement Coordinator at (512) 239-5806, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Presbyterian Children's Homes and
Services, Docket No. 2004-1611-MWD-E on 07/01/2005 assessing $1,300 in administrative
penalties with $260 deferred.
Information concerning any aspect of this order may be obtained by contacting
Kent Heath, Enforcement Coordinator at (512) 239-4575, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding WTG Gas Processing, LP dba East Vealmoor
Gas Plant, Docket No. 2004-1629-AIR-E on 07/01/2005 assessing $42,550 in administrative
penalties with $8,510 deferred.
Information concerning any aspect of this order may be obtained by contacting
Jim Biggins, Staff Attorney at (210) 403-4017, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Pilot Industries of Texas, Inc.,
Docket No. 2004-1646-AIR-E on 07/01/2005 assessing $3,330 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Mary Lyons, Staff Attorney at (512) 239-0600, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Valor Telecommunications of Texas,
LP, Docket No. 2004-1668-PST-E on 07/01/2005 assessing $3,700 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Ruben Soto, Enforcement Coordinator at (512) 239-4571, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding FM 78 Enterprises, Inc. dba Capital
Food Mart, Docket No. 2004-1675-PST-E on 07/01/2005 assessing $8,550 in administrative
penalties with $1,710 deferred.
Information concerning any aspect of this order may be obtained by contacting
Trina Grieco, Enforcement Coordinator at (210) 403-4006, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Tri-Con, Inc., Docket No. 2004-1699-PST-E
on 07/01/2005 assessing $6,300 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
John Muennink, Enforcement Coordinator at (713) 767-3500, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City Wide Properties Windfern, Inc.
dba Quick N Easy 3, Docket No. 2004-1708-PST-E on 07/01/2005 assessing $3,210
in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Courtney Hill, Staff Attorney at (512) 239-2436, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Metro Petroleum, Inc., Docket No.
2004-1749-PST-E on 07/01/2005 assessing $8,550 in administrative penalties
with $1,710 deferred.
Information concerning any aspect of this order may be obtained by contacting
Judy Kluge, Enforcement Coordinator at (817) 588-5825, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Three Stars Aviation, LLC dba Town &
Country Airpark, Docket No. 2004-1898-PST-E on 07/01/2005 assessing $1,600
in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Jill McNew, Enforcement Coordinator at (512) 239-0560, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Wallie Jean Wilson dba Wilsons Corner,
Docket No. 2004-1941-PST-E on 07/01/2005 assessing $950 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Daniel Siringi, Enforcement Coordinator at (409) 899-8799, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Bobby Joe Williams dba Sparky's Quick
Stop, Docket No. 2004-2025-PST-E on 07/01/2005 assessing $4,000 in administrative
penalties with $800 deferred.
Information concerning any aspect of this order may be obtained by contacting
Kimberly Morales, Enforcement Coordinator at (713) 422-8938, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Hughes Springs, Docket No.
2005-0165-MWD-E on 07/01/2005 assessing $900 in administrative penalties with
$180 deferred.
Information concerning any aspect of this order may be obtained by contacting
Carolyn Lind, Enforcement Coordinator at (903) 535-5145, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Tri State Electric, Ltd., Docket
No. 2004-2090-AIR-E on 07/01/2005 assessing $900 in administrative penalties
with $180 deferred.
Information concerning any aspect of this order may be obtained by contacting
Mike Meyer, Enforcement Coordinator at (512) 239-4492, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
TRD-200502945
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 20, 2005
Notices mailed July 12, 2005 through July 15, 2005
TCEQ Internal Control No. 06132005-D03; Sugar Land Ranch Development L.L.C.
and Hillsboro Estates L.L.C. (Petitioners) filed a petition for creation of
Fort Bend County Municipal Utility District No. 159 (District) with the Texas
Commission on Environmental Quality (TCEQ). The petition was filed pursuant
to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters
49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293;
and the procedural rules of the TCEQ. The petition states the following: (1)
the Petitioners are the owner of a majority in value of the land to be included
in the proposed District; (2) there are two lien holders, International Commercial
Bank of China and SHK Pacific, ltd., on the property to be included in the
proposed District, and the Petitioners have provided the TCEQ with certificates
evidencing their consent to the creation of the proposed District; (3) the
proposed District will contain approximately 661.2 acres located within Fort
Bend County, Texas; and (4) the proposed District is within the extraterritorial
jurisdiction of the City of Sugar Land, Texas, and no portion of land within
the proposed District is within the corporate limits or extraterritorial jurisdiction
of any other city, town or village in Texas. By Resolution No. 03-11, effective
February 18, 2003, the City of Sugar Land, Texas, gave its consent to the
creation of the proposed District. The petition further states that the proposed
District will: (1) purchase, construct, acquire, maintain and operate a waterworks
and sanitary sewer system for residential and commercial purposes; (2) construct,
acquire, improve, extend, maintain and operate works, improvements, facilities,
plants, equipment and appliances helpful or necessary to provide more adequate
drainage for the property in the proposed District; (3) control, abate and
amend local storm waters or other harmful excesses of water; and (4) purchase,
construct, acquire, improve, maintain, and operate additional facilities,
systems, plants, and enterprises consistent with the purposes for which the
District is created, all as more particularly described in an engineer's report
filed simultaneously with the filing of the petition. The submitted creation
application also request approval of a fire protection plan for the proposal
District. According to the petition, the Petitioners have conducted a preliminary
investigation to determine the cost of the project, and from the information
available at the time, the cost of the project is estimated to be approximately
$20,300,000.
TCEQ Internal Control No. 05262005-D10; Perry Homes and US 59/Reading 108,
Ltd. (Petitioners) filed a petition for creation of Fort Bend County Municipal
Utility District No. 159 (District) with the Texas Commission on Environmental
Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59
of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas
Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules
of the TCEQ. The petition states the following: (1) the Petitioners are the
owner of a majority in value of the land to be included in the proposed District;
(2) there is one lien holder, OmniBank, N.A., on the property. to be included
in the proposed District, and the Petitioners have provided the TCEQ with
a certificate evidencing its consent to the creation of the proposed District;
(3) the proposed District will contain approximately 148.47 acres located
within Fort Bend County, Texas; and (4) the proposed District is within the
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.
2005-10, effective May 17, 2005, the City of Rosenberg, Texas, gave its consent
to the creation of the proposed District. The petition further states that
the proposed District will: (1) purchase, construct, acquire, maintain and
operate a waterworks and sanitary sewer system for residential and commercial
purposes; (2) construct, acquire, improve, extend, maintain and operate works,
improvements, facilities, plants, equipment and appliances helpful or necessary
to provide more adequate drainage for the property in the proposed District;
(3) control, abate and amend local storm waters or other harmful excesses
of water; and (4) purchase, construct, acquire, improve, maintain, and operate
additional facilities, systems, plants, and enterprises consistent with the
purposes for which the District is created, all as more particularly described
in an engineer's report filed simultaneously with the filing of the petition.
According to the petition, the Petitioner has conducted a preliminary investigation
to determine the cost of the project, and from the information available at
the time, the cost of the project is estimated to be approximately $7,020,000.
TCEQ Internal Control No. 05202005-D01; LGI Homes - Sunrise Meadow, Ltd.
(Petitioner) filed a petition for creation of Fort Bend County Municipal Utility
District No. 162 (District) with the Texas Commission on Environmental Quality
(TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the
Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water
Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of
the TCEQ. The petition states the following: (1) the Petitioner is the owner
of a majority in value of the land to be included in the proposed District;
(2) there is one lien holder, KeyBank National Association, 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 305.426 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. 2005-07, effective May 4, 2005, the City of Rosenberg, Texas,
gave its consent to the creation of the proposed District. The petition further
states that the proposed District will: (1) purchase, construct, acquire,
maintain and operate a waterworks and sanitary sewer system for residential
and commercial purposes; (2) construct, acquire, improve, extend, maintain
and operate works, improvements, facilities, plants, equipment and appliances
helpful or necessary to provide more adequate drainage for the property in
the proposed District; (3) control, abate and amend local storm waters or
other harmful excesses of water; and (4) purchase, construct, acquire, improve,
maintain, and operate additional facilities, systems, plants, and enterprises,
and park sand recreation 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 $16,070,000.
TCEQ Internal Control No. 05092005-D03; Shahan Prairie, L.P., (Petitioner)
filed a petition for creation of Oak Point Water Control and Improvement District
No.3 of Denton County (District) with the Texas Commission on Environmental
Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59
of the Constitution of the State of Texas; Chapters 49 and 51 of the Texas
Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules
of the TCEQ. The petition states that: (1) the Petitioner is the owner of
a majority in value of the land to be included in the proposed District; (2)
there are two lienholders, United Development Funding L.P, and Frederick Olden,
on the property to be included in the proposed District and by affidavit they
have all consented to the petition; (3) the proposed District will contain
approximately 102.324 acres located within Denton County, Texas; and (4) the
proposed District is within the extraterritorial jurisdiction and the corporate
limits of the City of Oak Point, 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. 2004-09-10R,
effective September 20, 2004, the City of Oak Point, Texas, gave its consent
to the creation of the proposed District. The petition further states that
the proposed District will: (1) construct, maintain, and operate a waterworks
systems for residential, industrial and commercial purposes; (2) construct,
maintain, and operate a sanitary sewer collection system and wastewater treatment
plant; (3) control, abate and amend the harmful excesses of water, and the
reclamation and drainage of overflowed lands within or affecting the District;
and (4) construct, install, maintain, purchase and operate additional facilities,
systems, plants, and enterprises consistent with the purposes for which the
District is organized. According to the petition, the Petitioner 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 $5,470,000.
TCEQ Internal Control No. 06162005-D05; Sugar Land Ranch Development L.L.C.
and Hillsboro Estates L.L.C. (Petitioners) filed a petition for creation of
Fort Bend County Municipal Utility District No. 127 (District) with the Texas
Commission on Environmental Quality (TCEQ). The petition was filed pursuant
to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters
49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293;
and the procedural rules of the TCEQ. The petition states the following: (1)
the Petitioners are the owner of a majority in value of the land to be included
in the proposed District; (2) there are two lien holders, International Commercial
Bank of China and Ayala Capital Corp., on the property to be included in the
proposed District, and the Petitioners have provided the TCEQ with certificates
evidencing their consent to the creation of the proposed District; (3) the
proposed District will contain approximately 518.29 acres located within Fort
Bend County, Texas; and (4) the proposed District is within the extraterritorial
jurisdiction of the City of Sugar Land, Texas, and no portion of land within
the proposed District is within the corporate limits or extraterritorial jurisdiction
of any other city, town or village in Texas. By Resolution No. 03-12, effective
February 18, 2003, the City of Sugar Land, Texas, gave its consent to the
creation of the proposed District. The petition further states that the proposed
District will: (1) purchase, construct, acquire, maintain and operate a waterworks
and sanitary sewer system for residential and commercial purposes; (2) construct,
acquire, improve, extend, maintain and operate works, improvements, facilities,
plants, equipment and appliances helpful or necessary to provide more adequate
drainage for the property in the proposed District; (3) control, abate and
amend local storm waters or other harmful excesses of water; and (4) purchase,
construct, acquire, improve, maintain, and operate additional facilities,
systems, plants, and enterprises consistent with the purposes for which the
District is created, all as more particularly described in an engineer's report
filed simultaneously with the filing of the petition. The submitted creation
application also request approval of a fire protection plan for the proposal
District. According to the petition, the Petitioners have conducted a preliminary
investigation to determine the cost of the project, and from the information
available at the time, the cost of the project is estimated to be approximately
$26,900,000.
TCEQ Internal Control No. 06132005-D06; Hillsboro Estates, L.L.C. (Petitioner)
filed a petition for creation of Fort Bend County Municipal Utility District
No.128 (District) with the Texas Commission on Environmental Quality (TCEQ).
The petition was filed pursuant to Article XVI, Section 59 of the Constitution
of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas
Administrative Code Chapter 293; and the procedural rules of the TCEQ. The
petition states the following: (1) the Petitioner is the owner of a majority
in value of the land to be included in the proposed District; (2) there are
two lien holders, The International Commercial Bank of China and Ayala Capital
Corp., on the property to be included in the proposed District, and the Petitioner
have provided the TCEQ with certificates evidencing their consent to the creation
of the proposed District; (3) the proposed District will contain approximately
670.72 acres located within Fort Bend County, Texas; and (4) the proposed
District is within the extraterritorial jurisdiction of the City of Sugar
Land, Texas, and no portion of land within the proposed District is within
the corporate limits or extraterritorial jurisdiction of any other city, town
or village in Texas. By Resolution No. 03-13, effective February 18, 2003,
the City of Sugar Land, Texas, gave its consent to the creation of the proposed
District. The petition further states that the proposed District will: (1)
purchase, construct, acquire, maintain and operate a waterworks and sanitary
sewer system for residential and commercial purposes; (2) construct, acquire,
improve, extend, maintain and operate works, improvements, facilities, plants,
equipment and appliances helpful or necessary to provide more adequate drainage
for the property in the proposed District; (3) control, abate and amend local
storm waters or other harmful excesses of water; and (4) purchase, construct,
acquire, improve, maintain, and operate additional facilities, systems, plants,
and enterprises consistent with the purposes for which the District is created,
all as more particularly described in an engineer's report filed simultaneously
with the filing of the petition. The submitted creation application also request
approval of a fire protection plan for the proposal District. According to
the petition, the Petitioner has conducted a preliminary investigation to
determine the cost of the project, and from the information available at the
time, the cost of the project is estimated to be approximately $44,300,000.
TCEQ Internal Control No. 05202005-D02; Elmer McLester, Trustee (Petitioner)
filed a petition for creation of Parkside at Mayfield Ranch Municipal Utility
District of Williamson County (District) with the Texas Commission on Environmental
Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59
of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas
Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules
of the TCEQ. The petition states the following: (1) the Petitioner is the
owner of a majority in value of the land to be included in the proposed District;
(2) there are no lien holders, on the property to be included in the proposed
District; (3) the proposed District will contain approximately 370.31 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-05-04-14-14D2, effective April 14, 2005, 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)
purchase, construct, acquire, maintain and operate a waterworks and sanitary
sewer system for residential 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 local storm waters; and (4)
purchase, construct, acquire, improve, maintain, and operate additional facilities,
systems, plants, and enterprises consistent with the purposes for which the
District is created, all as more particularly described in an engineer's report
filed simultaneously with the filing of the petition. According to the petition,
the Petitioner has conducted a preliminary investigation to determine the
cost of the project, and from the information available at the time, the cost
of the project is estimated to be approximately $30,000,000.
INFORMATION SECTION
The TCEQ may grant a contested case hearing on a petition if a written
hearing request is filed within 30 days after the newspaper publication of
the notice. To request a contested case hearing, you must submit the following:
(1) your name (or for a group or association, an official representative),
mailing address, daytime phone number, and fax number, if any; (2) the name
of the petitioner and the TCEQ Internal Control Number; (3) the statement
"I/we request a contested case hearing"; (4) a brief description of how you
would be affected by the petition in a way not common to the general public;
and (5) the location of your property relative to the proposed district's
boundaries. You may also submit your proposed adjustments to the petition.
Requests for a contested case hearing must be submitted in writing to the
Office of the Chief Clerk at the address provided in the information section
below.
The Executive Director may approve a petition unless a written request
for a contested case hearing is filed within 30 days after the newspaper publication
of the notice. If a hearing request is filed, the Executive Director will
not approve the petition and will forward the petition and hearing request
to the TCEQ Commissioners for their consideration at a scheduled Commission
meeting. If a contested case hearing is held, it will be a legal proceeding
similar to a civil trial in state district court.
Written hearing requests should be submitted to the Office of the Chief
Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087. For information
concerning the hearing process, please contact the Public Interest Counsel,
MC 103, the same address. For additional information, individual members of
the general public may contact the Office of Public Assistance, at 1-800-687-4040.
General information regarding the TCEQ can be found at our web site at www.tceq.state.tx.us.
Notice of District Hearing
Notice mailed July 13, 2005
TCEQ Docket No. 2005-0320-DIS; The Texas Commission on Environmental Quality
(TCEQ) will conduct a hearing on an application for dissolution (Application)
of Harris County Municipal Utility District No. 9 (District). The Application
was filed with the TCEQ and includes a petition by Houston Gosling Woodlands,
LP (Applicant), being an owner of property located within the District. The
TCEQ will conduct this hearing under the authority of Chapters 49 and 54 of
the Texas Water Code, Title 30, Chapter 293 of the Texas Administrative Code
and the procedural rules of the TCEQ. The TCEQ will conduct the hearing at
9:30 a.m., Wednesday, September 28, 2005, Building E, Room 201S, 12100 Park
35 Circle, Austin, Texas. On December 13, 1972, the Texas Water Commission
created the District. The District operates under Texas Water Code Chapters
49 and 54 as a municipal utility district. The petition filed with the Application
states that dissolution is desirable so that the property consisting of the
District can be annexed into and serviced by an adjacent active district,
Northampton Municipal Utility District. The petition filed with the Application
states that the District: (1) has performed none of the functions for which
it was created for five consecutive years preceding the date of the Application,
(2) is financially dormant, and (3) has no outstanding bonded indebtedness.
An affidavit from the State Comptroller of Public Accounts has been included
in the Application, certifying that the District has no bonded indebtedness.
If the request for dissolution is approved, the District's assets, if any,
will escheat to the State of Texas and will be administered by the State Comptroller
of Public Accounts and disposed of in the manner provided by Chapter 74 of
the Texas Property Code. The TCEQ may grant a contested case hearing on this
Application if a written hearing request is filed within 30 days after the
newspaper publication of this notice. The TCEQ may approve the Application
unless a written request for a contested case hearing is filed within 30 days
after the newspaper publication of this 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 Applicant and the TCEQ Docket Number;
(3) the statement "I/we request a contested case hearing"; and (4) a brief
description of how you would be affected by the request in a way uncommon
to the general public. You may also submit your proposed adjustments to the
Application which would satisfy your concerns. Requests for a contested case
hearing must be submitted in writing to the TCEQ Office of the Chief Clerk
at the address provided in the information section below. If a 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
TCEQ Office of the Chief Clerk, MC 105, P.O. Box 13087, Austin, TX 78711-
3087. For information concerning the hearing process, contact the TCEQ Public
Interest Counsel, MC 103, the same address. For additional information, individual
members of the general public may contact the TCEQ 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. Persons with disabilities who plan to
attend this hearing and who need special accommodations at the hearing should
call the TCEQ Office of Public Assistance at 1-800-687-4040 or 1-800-RELAY-TX
(TDD), at least one week prior to the hearing.
TRD-200502957
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 20, 2005
The following notices were issued during the period of July 14, 2005 through
July 19, 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.
CANUTILLO INDEPENDENT SCHOOL DISTRICT has applied for a renewal of Permit
No. 11561-003, which authorizes the disposal of treated domestic wastewater
at a daily average flow not to exceed 9,000 gallons per day via non-public
access subsurface drainfields with a minimum area of 11,700 square feet. This
permit will not authorize a discharge of pollutants into waters in the State.
The facility and disposal site are located between Hemley Road and Chicken
Farm Road, and Doniphan Drive and Kiely Road, approximately 0.5 mile southeast
of the City of Vinton and 2.0 miles north of the City of Canutillo in El Paso
County, Texas.
CITY OF JOURDANTON has applied for a renewal of TPDES Permit No. WQ0010418001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 330,000 gallons per day. The facility is located approximately
0.5 mile southwest of the intersection of State Highways 16 and 97 and approximately
1 mile west of the intersection of State Highway 16 and Farm-to-Market Road
1332 in Atascosa County, Texas.
CITY OF LOS FRESNOS has applied for a renewal of TPDES Permit No. 10590-002,
which authorizes the discharge of treated domestic wastewater at an annual
average flow not to exceed 1,000,000 gallons per day. The facility is located
at 802 South Nogal Street, approximately 2,000 feet west of Farm-to-Market
Road 1847 and 3,000 feet south of State Highway 100 at the end of Nogal Street
in the southwest portion of the City of Los Fresnos in Cameron County, Texas.
OXY VINYLS, LP which operates a chemical plant manufacturing vinyl chloride
monomer, has applied for a major amendment to authorize an increase total
copper effluent limitations at Outfall 002; a reduction in monitoring frequencies
for biochemical oxygen demand (5-day), total suspended solids, total organic
carbon, and total copper at Outfall 001; and authorize the addition of air
conditioning condensate and wash down water as authorized waste streams at
Outfalls 002 and 003. The current permit authorizes the discharge of treated
wastewater consisting of process, domestic, and utility wastewaters and storm
water at a daily average flow not to exceed 1,570,000 gallons per day via
Outfall 001; storm water, steam condensate, and miscellaneous wastewaters
(and occasional discharges of wastewater diverted from Outfall 001) on an
intermittent and flow variable basis via Outfall 002; and storm water, steam
condensate, and miscellaneous wastewaters on an intermittent and flow variable
basis via Outfall 003. The facility is located at 2400 Miller Cut Off Road,
approximately 3,000 feet east of the intersection of Miller Cut Off Road and
State Highway 134 (Battleground Road), in the City of La Porte, Harris County,
Texas.
U. S. FISH AND WILDLIFE SERVICE - SANTA ANA WILDLIFE REFUGE has applied
for a renewal of Permit No. 14178-001, which authorizes the disposal of treated
domestic wastewater at a daily average flow not to exceed 1,500 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 approximately
1,600 feet east of Farm-to-Market Road 907 (Alamo Road) and approximately
400 feet south of U.S. Highway 281 in Hidalgo County, Texas. The facility
and disposal site are located in the drainage basin of Rio Grande Below Falcon
Reservoir in Segment No. 2302 of the Rio Grande River Basin.
CITY OF VEGA has applied for a renewal of Permit No. 10308-001, which authorizes
the disposal of treated domestic wastewater at a daily average flow not to
exceed 140,000 gallons per day via surface irrigation of 127 acres of non-public
access farmland. This permit will not authorize a discharge of pollutants
into waters in the State. The wastewater treatment facilities and disposal
site are located approximately 2.25 miles northeast of the intersection of
Interstate Highway 40 and U.S. Highway 385 in Oldham County, Texas.
CITY OF WHITE DEER has applied for a renewal of Permit No. 10672-001, which
authorizes the disposal of treated domestic wastewater at a daily average
flow not to exceed 150,000 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 approximately 1.5 miles southeast of the intersection
of U.S. Highway 60 and Farm-to-Market Road 294 in the City of White Deer in
Carson County, Texas.
Written comments or requests for a public meeting may be submitted to the
Office of the Chief Clerk, at the address provided in the information section
above, WITHIN 30 DAYS OF THE ISSUED DATE OF THIS NOTICE.
NORTH MISSION GLEN MUNICIPAL UTILITY DISTRICT has applied for a minor amendment
to the Texas Pollutant Discharge Elimination System (TPDES) permit to authorize
a change in the method of disinfection in the final phase from ultraviolet
(UV) irradiation to chlorination. The existing permit authorizes the discharge
of treated domestic wastewater at an annual average flow not to exceed 1,180,000
gallons per day. The facility is located approximately 1/2 mile west of Gaines
Road and approximately 3/4 mile south of the intersection of Addicks-Clodine
Road and Beechnut Street in Fort Bend County, Texas.
TRD-200502946
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 20, 2005
The State Office of Administrative Hearings issued a Proposal for Decision
and Order to the Texas Commission on Environmental Quality on July 19, 2005,
in the matter of the Executive Director of the Texas Commission on Environmental
Quality, Petitioner v. Evert Dyksterhuis dba E&M Dairy; SOAH Docket No.
582-04-1035; TCEQ Docket No. 2001-0601-AGR-E. The commission will consider
the Administrative Law Judge's Proposal for Decision and Order regarding the
enforcement action against Evert Dyksterhuis dba E&M Dairy on a date and
time to be determined by the Office of the Chief Clerk in Room 201S of Building
E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity
to Comment on the Proposal for Decision and Order. The comment period will
end 30 days from date of this publication. Written public comments should
be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087,
Austin, Texas 78711-3087. If you have any questions or need assistance, please
contact Paul Munguia, Office of the Chief Clerk, (512) 239-3300.
TRD-200502960
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 20, 2005
The State Office of Administrative Hearings issued a Proposal for Decision
and Order to the Texas Commission on Environmental Quality on July 14, 2005,
in the matter of the Executive Director of the Texas Commission on Environmental
Quality, Petitioner v. Gary Lynn Wallace dba Wallace Hog Farm; SOAH Docket
No. 582-05-0481; TCEQ Docket No. 2002-0234-AIR-E. The commission will consider
the Administrative Law Judge's Proposal for Decision and Order regarding the
enforcement action against Gary Lynn Wallace dba Wallace Hog Farm on a date
and time to be determined by the Office of the Chief Clerk in Room 201S of
Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice
of Opportunity to Comment on the Proposal for Decision and Order. The comment
period will end 30 days from date of this publication. Written public comments
should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box
13087, Austin, Texas 78711-3087. If you have any questions or need assistance,
please contact Paul Munguia, Office of the Chief Clerk, (512) 239-3300.
TRD-200502959
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 20, 2005
The State Office of Administrative Hearings issued a Proposal for Decision
and Order to the Texas Commission on Environmental Quality on July 19, 2005,
in the matter of the Executive Director of the Texas Commission on Environmental
Quality, Petitioner v. Jose Garza, Sr., dba Rancho Potrero Used Auto Parts;
SOAH Docket No. 582-05-4488; TCEQ Docket No. 2003-1269-WQ-E. The commission
will consider the Administrative Law Judge's Proposal for Decision and Order
regarding the enforcement action against Jose Garza, Sr., dba Rancho Potrero
Used Auto Parts on a date and time to be determined by the Office of the Chief
Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This
posting is Notice of Opportunity to Comment on the Proposal for Decision and
Order. The comment period will end 30 days from date of this publication.
Written public comments should be submitted to the Office of the Chief Clerk,
MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions
or need assistance, please contact Paul Munguia, Office of the Chief Clerk,
(512) 239-3300.
TRD-200502958
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 20, 2005
The Texas Commission on Environmental Quality (TCEQ or commission) staff
is providing an opportunity for written public comment on the listed Agreed
Orders (AOs) in accordance with Texas Water Code (the Code), §7.075,
which requires that the commission may not approve these AOs unless the public
has been provided an opportunity to submit written comments. Section 7.075
requires that notice of the proposed orders and the opportunity to comment
must be published in the
Texas Register
no
later than the 30th day before the date on which the public comment period
closes, which in this case is
August 29, 2005
.
Section 7.075 also requires that the commission promptly consider any written
comments received and that the commission may withhold approval of an AO if
a comment discloses facts or considerations that indicate the proposed AO
is inappropriate, improper, inadequate, or inconsistent with the requirements
of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean
Air Act (the Act). Additional notice is not required if changes to an AO are
made in response to written comments.
A copy of each proposed AO is available for public inspection at both the
commission's central office, located at 12100 Park 35 Circle, Building C,
1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable regional
office listed as follows. Written comments about an AO should be sent to the
enforcement coordinator designated for each AO at the commission's central
office at P.O. Box 13087, Austin, Texas 78711-3087 and must be
received by 5:00 p.m. on August 29, 2005
. Written comments may also
be sent by facsimile machine to the enforcement coordinator at (512) 239-2550.
The commission enforcement coordinators are available to discuss the AOs and/or
the comment procedure at the listed phone numbers; however, §7.075 provides
that comments on the AOs should be submitted to the commission in
writing
.
(1) COMPANY: City of Abbott; DOCKET NUMBER: 2005-0538-MWD-E; IDENTIFIER:
Texas Pollutant Discharge Elimination System (TPDES) Permit Number 11544001,
Regulated Entity Number (RN) 101720753; LOCATION: Abbott, Hill County, Texas;
TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1),
TPDES Permit Number 11544001, and the Code, §26.121(a), by failing to
comply with the permitted effluent limitations for biochemical oxygen demand
(BOD), total suspended solids (TSS), dissolved oxygen (DO), pH, and flow;
PENALTY: $3,920; ENFORCEMENT COORDINATOR: Chad Blevins, (512) 239-6017; REGIONAL
OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(2) COMPANY: Stephen Allison; DOCKET NUMBER: 2005-0226-LII-E; IDENTIFIER:
RN104466933; LOCATION: Red Oak, Ellis County, Texas; TYPE OF FACILITY: landscape
irrigation; RULE VIOLATED: 30 TAC §30.5(a) and §344.4(a), the Code, §37.003,
and Texas Occupations Code, §1903.251, by failing to hold an irrigator
license prior to selling, designing, consulting, installing, maintaining,
altering, repairing, or servicing an irrigation system; 30 TAC §344.77(a)(1),
(b), and (f)(3), by failing to ensure that the irrigation system using spray
or rotary heads was designed and installed not to exceed the manufacturer's
maximum recommended head spacing, by failing to ensure that irrigation systems
using spray and rotary heads be designed and installed according to the minimum
head pressure, and by failing to ensure that direct wire splices used in an
irrigation system be waterproof; and 30 TAC §344.72, by failing to ensure
that an irrigation system is designed, installed, maintained, repaired, and
serviced in a manner that will promote water conservation; PENALTY: $600;
ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 2301
Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(3) COMPANY: City of Austin; DOCKET NUMBER: 2003-0025-EAQ-E; IDENTIFIER:
Edwards Aquifer (EAQ) Protection Program File Number 99061402; LOCATION: Austin,
Williamson County, Texas; TYPE OF FACILITY: real property; RULE VIOLATED:
30 TAC §213.4(a), by failing to obtain approval of an EAQ protection
plan; PENALTY: $2,300; ENFORCEMENT COORDINATOR: Larry King, (512) 339-2929;
REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336,
(512) 339-2929.
(4) COMPANY: City of Beaumont; DOCKET NUMBER: 2004-1847-MWD-E; IDENTIFIER:
TPDES Permit Number 0010501020, RN104370481; LOCATION: Beaumont, Jefferson
County, Texas; TYPE OF FACILITY: lift station; RULE VIOLATED: 30 TAC §305.125(1),
TPDES Permit Number 0010501020, and the Code, §26.121(a), by failing
to prevent the unauthorized discharge of wastewater; PENALTY: $10,000; ENFORCEMENT
COORDINATOR: Kent Heath, (512) 239-4575; REGIONAL OFFICE: 3870 Eastex Freeway,
Beaumont, Texas 77703-1892, (409) 898-3838.
(5) COMPANY: Boring Specialties, Inc.; DOCKET NUMBER: 2005-0712-MWD-E;
IDENTIFIER: TPDES Permit Number 12484001, RN100863174; LOCATION: Houston,
Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED:
30 TAC §305.125(1), TPDES Permit Number 12484001, and the Code, §26.121(a),
by failing to comply with permitted effluent limits for TSS; PENALTY: $2,192;
ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 5425
Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(6) COMPANY: Brookshire Municipal Water District; DOCKET NUMBER: 2005-0647-MWD-E;
IDENTIFIER: TPDES Permit Number 10001-001, RN101920312; LOCATION: Brookshire,
Waller County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED:
30 TAC §305.125(1), TPDES Permit Number 10001-001, and the Code, §26.121(a),
by failing to comply with the daily average ammonia-nitrogen permit limit;
PENALTY: $3,632; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL
OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(7) COMPANY: City of Calvert; DOCKET NUMBER: 2004-0337-MWD-E; IDENTIFIER:
TPDES Permit Number 10095001, RN102185972; LOCATION: Calvert, Robertson County,
Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1),
TPDES Permit Number 10095001, and the Code, §26.121(a), by failing to
comply with the permitted limits for chlorine, pH, flow, and five-day biochemical
oxygen demand (BOD5); PENALTY: $4,950; ENFORCEMENT COORDINATOR: Lori Thompson,
(903) 535-5100; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas
76710-7826, (254) 751-0335.
(8) COMPANY: Chevron Phillips Chemical Company LP; DOCKET NUMBER: 2005-0704-AIR-E;
IDENTIFIER: Air Account Number HW0013C, RN102320850; LOCATION: Borger, Hutchinson
County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30
TAC §116.715(c)(9), Permit Number 21918, and THSC, §382.085(b),
by failing to operate the north flare in the manner designed to prevent the
release of unauthorized emissions; PENALTY: $3,240; ENFORCEMENT COORDINATOR:
Ronnie Kramer, (806) 353-9251; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo,
Texas 79109-4933, (806) 353-9251.
(9) COMPANY: City Meat Market, Inc.; DOCKET NUMBER: 2005-0352-PST-E; IDENTIFIER:
Petroleum Storage Tank (PST) Facility Identification Number 48206, RN102235199;
LOCATION: Wallis, Austin County, Texas; TYPE OF FACILITY: convenience store
with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b),
by failing to provide acceptable financial assurance; PENALTY: $2,520; ENFORCEMENT
COORDINATOR: Daniel Siringi, (409) 898-3838; REGIONAL OFFICE: 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(10) COMPANY: Maria Crabtree; DOCKET NUMBER: 2005-0562-EAQ-E; IDENTIFIER:
RN104518329; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY:
residentially zoned property; RULE VIOLATED: 30 TAC §213.4(a)(1), by
failing to submit an EAQ protection plan for commission approval; PENALTY:
$800; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL
OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(11) COMPANY: Dynegy Midstream Services, Limited Partnership; DOCKET NUMBER:
2005-0584-AIR-E; IDENTIFIER: Air Account Number CI0022A, RN100222900; LOCATION:
Mont Belvieu, Chambers County, Texas; TYPE OF FACILITY: chemical plant; RULE
VIOLATED: 30 TAC §116.116(b)(1), Permit Number 5452, and THSC, §382.085(b),
by failing to prevent unauthorized emissions; PENALTY: $5,000; ENFORCEMENT
COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(12) COMPANY: City of Eldorado; DOCKET NUMBER: 2005-0560-MSW-E; IDENTIFIER:
RN102142999; LOCATION: Eldorado, Schleicher County, Texas; TYPE OF FACILITY:
landfill; RULE VIOLATED: 30 TAC §§330.5(a), 330.55(b)(2), 330.111,
330.132, 330.133(a) and (b), and 330.139, the Code, §26.121(a), and Municipal
Solid Waste (MSW) Permit Number 2264, by failing to prevent the unauthorized
discharge of contaminated water, construct and maintain a run-on control system,
and by failing to apply daily cover and compact waste; PENALTY: $3,960; ENFORCEMENT
COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 622 South Oakes,
Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.
(13) COMPANY: City of Fairfield; DOCKET NUMBER: 2005-0576-MWD-E; IDENTIFIER:
TPDES Permit Numbers 10168-001 and 10168-002, RN102180270 and RN101607778;
LOCATION: Fairfield, Freestone County, Texas; TYPE OF FACILITY: wastewater
treatment; RULE VIOLATED: 30 TAC §305.125(1) and (17), TPDES Permit Number
10168-001, and the Code, §26.121(a), by failing to comply with permitted
effluent limits for BOD5, DO, TSS, and pH, by failing to submit discharge
monitoring reports (DMRs) at the required intervals; PENALTY: $14,160; ENFORCEMENT
COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 6801 Sanger
Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(14) COMPANY: City of Goldthwaite; DOCKET NUMBER: 2005-0725-PWS-E; IDENTIFIER:
Public Water Supply (PWS) Number 1670001, RN101409134; LOCATION: Goldthwaite,
Mills County, Texas; TYPE OF FACILITY: public water system; RULE VIOLATED:
30 TAC §290.113(f)(5) and THSC, §341.0315(c), by failing to comply
with the maximum contaminant level (MCL) running average for haloacetic acids
(HAA5) and total trihalomethanes (TTHM); PENALTY: $635; ENFORCEMENT COORDINATOR:
Mauricio Olaya, (915) 834-4949; REGIONAL OFFICE: 6801 Sanger Avenue, Suite
2500, Waco, Texas 76710-7826, (254) 751-0335.
(15) COMPANY: Grinding and Sizing Company, Inc.; DOCKET NUMBER: 2005-0773-AIR-E;
IDENTIFIER: RN101953388; LOCATION: Lufkin, Angelina County, Texas; TYPE OF
FACILITY: organic materials grinding, sizing, and bagging plant; RULE VIOLATED:
30 TAC §116.110(a)(1) and THSC, §382.085(b), by failing to obtain
a permit or satisfy the conditions of a permit by rule; PENALTY: $5,040; ENFORCEMENT
COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 3870 Eastex Freeway,
Beaumont, Texas 77703-1892, (409) 898-3838.
(16) COMPANY: City of Gunter; DOCKET NUMBER: 2004-1856-MWD-E; IDENTIFIER:
TPDES Permit Number 0010569001, RN101917904; LOCATION: Gunter, Grayson County,
Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1),
TPDES Permit Number 0010569001, and the Code, §26.121(a), by failing
to maintain permitted effluent limits for DO, ammonia-nitrogen, and pH; PENALTY:
$16,350; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE:
2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(17) COMPANY: Joe D. Havens, Inc. dba Havens Landing Wastewater Treatment
Plant; DOCKET NUMBER: 2005-0599-MWD-E; IDENTIFIER: TPDES Permit Number 0014210001,
RN103015517; LOCATION: Montgomery, Montgomery County, Texas; TYPE OF FACILITY:
wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit
Number 0014210001, and the Code, §26.121(a), by failing to maintain permitted
effluent limits for BOD and TSS and by failing to report by April 20, 2004,
the TSS daily average in pounds per day; PENALTY: $5,412; ENFORCEMENT COORDINATOR:
Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite
H, Houston, Texas 77023-1486, (713) 767-3500.
(18) COMPANY: City of Henrietta; DOCKET NUMBER: 2005-0683-PWS-E; IDENTIFIER:
PWS Number 0390001, RN101258978; LOCATION: Henrietta, Clay County, Texas;
TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(b)(1)
and (f)(4) and THSC, §341.0315(c), by exceeding the MCL for TTHM; PENALTY:
$665; ENFORCEMENT COORDINATOR: Brent Hurta, (512) 239-6589; REGIONAL OFFICE:
1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.
(19) COMPANY: Holigan Homes Texas, Limited; DOCKET NUMBER: 2005-0221-EAQ-E;
IDENTIFIER: EAQ Protection Program Numbers 11-02060703 and 11-02060704, RN102727351;
LOCATION: Round Rock, Williamson County, Texas; TYPE OF FACILITY: developed
and sold residential homes; RULE VIOLATED: 30 TAC §213.4(g)(3), by failing
to submit proof of deed recordation; 30 TAC §213.5(b)(4)(D)(ii)(II),
by failing to submit certification that the water quality pond was constructed
as designed; and 30 TAC §213.5(c)(3)(D) and (f)(1)(A)(I), by failing
to submit certification of new sewage collection lines and by failing to submit
written notification of intent to construct; PENALTY: $3,360; ENFORCEMENT
COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 1921 Cedar Bend
Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.
(20) COMPANY: Jefferson County; DOCKET NUMBER: 2005-0429-PST-E; IDENTIFIER:
PST Facility Identification Number 74420, RN102036860; LOCATION: Beaumont,
Jefferson County, Texas; TYPE OF FACILITY: county maintenance department that
dispenses gasoline for service vehicles; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vii)
and (5)(B)(ii), by failing to timely renew a previously issued underground
storage tank (UST) delivery certificate and submit a properly completed UST
registration and self-certification form; and 30 TAC §334.50(b)(1)(A)
and the Code, §26.3475(c)(1), by failing to provide release detection
for the UST system; PENALTY: $2,800; ENFORCEMENT COORDINATOR: Chad Blevins,
(512) 239-6017; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892,
(409) 898-3838.
(21) COMPANY: KBR Investment Inc. dba Super Stop 22; DOCKET NUMBER: 2005-0679-PST-E;
IDENTIFIER: PST Facility Identification Number 74243, RN102361938; LOCATION:
Deweyville, Newton County, Texas; TYPE OF FACILITY: convenience store with
retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by
failing to provide acceptable financial assurance; PENALTY: $1,520; ENFORCEMENT
COORDINATOR: Dana Shuler, (512) 239-2505; REGIONAL OFFICE: 3870 Eastex Freeway,
Beaumont, Texas 77703-1892, (409) 898-3838.
(22) COMPANY: City of Karnes City; DOCKET NUMBER: 2004-0521-MWD-E; IDENTIFIER:
TPDES Permit Numbers 0010352001 and 0010352002, RN101610111 and RN101610020;
LOCATION: Karnes City, Karnes County, Texas; TYPE OF FACILITY: wastewater
treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Numbers 0010352001
and 0010352001, and the Code, §26.121(a), by failing to comply with the
permitted limits for TSS and BOD5; PENALTY: $29,210; ENFORCEMENT COORDINATOR:
Jill McNew, (512) 239-0560; REGIONAL OFFICE: 14250 Judson Road, San Antonio,
Texas 78233-4480, (210) 490-3096.
(23) COMPANY: Kinder Morgan Production Company LP; DOCKET NUMBER: 2005-0445-AIR-E;
IDENTIFIER: Air Account Number PE0021W, RN102540093; LOCATION: Iraan, Pecos
County, Texas; TYPE OF FACILITY: natural gas processing; RULE VIOLATED: 30
TAC §122.145(2) and THSC, §382.085(b), by failing to report, in
a timely manner, all instances of deviations; PENALTY: $2,200; ENFORCEMENT
COORDINATOR: Jill Reed, (915) 570-1359; REGIONAL OFFICE: 3300 North A Street,
Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.
(24) COMPANY: Kinder Morgan Production Company LP; DOCKET NUMBER: 2005-0667-AIR-E;
IDENTIFIER: RN102170966; LOCATION: Snyder, Scurry County, Texas; TYPE OF FACILITY:
gas processing; RULE VIOLATED: 30 TAC §101.20(2) and THSC, §382.085(b),
by failing to comply with the emission and operating limitations; PENALTY:
$2,780; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE:
1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.
(25) COMPANY: Laguna Madre Water District; DOCKET NUMBER: 2004-1949-MWD-E;
IDENTIFIER: TPDES Permit Number 10305-001, RN102079852; LOCATION: Port Isabel,
Cameron County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED:
30 TAC §305.125(1), TPDES Permit Number 10305-001, and the Code, §26.121(a),
by failing to comply with the permitted effluent limits for ammonia and total
copper; PENALTY: $12,375; ENFORCEMENT COORDINATOR: Mac Vilas, (512) 239-2557;
REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247,
(956) 425-6010.
(26) COMPANY: Nick Witherspoon dba Nick's Conoco; DOCKET NUMBER: 2005-0285-PST-E;
IDENTIFIER: PST Facility Identification Number 73014, RN101725059; LOCATION:
San Antonio, Bexar County, Texas; TYPE OF FACILITY: convenience store with
retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by
failing to provide acceptable financial assurance; PENALTY: $2,280; ENFORCEMENT
COORDINATOR: Dana Shuler, (512) 239-2505; REGIONAL OFFICE: 14250 Judson Road,
San Antonio, Texas 78233-4480, (210) 490-3096.
(27) COMPANY: Permian Tank & Manufacturing, Inc.; DOCKET NUMBER: 2005-0541-AIR-E;
IDENTIFIER: RN103898771; LOCATION: Kilgore, Rusk County, Texas; TYPE OF FACILITY:
tank manufacturing; RULE VIOLATED: 30 TAC §116.110(a) and THSC, §382.085(b)
and §382.0518(a), by failing to obtain a permit for the surface coating
operation and by failing to obtain a permit by rule for the dry abrasive cleaning
operation; PENALTY: $8,000; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100;
REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(28) COMPANY: Phelps Dodge Corporation; DOCKET NUMBER: 2005-0390-AIR-E;
IDENTIFIER: Air Account Number EE0067L, RN100226000; LOCATION: El Paso, El
Paso County, Texas; TYPE OF FACILITY: copper rod mill and refining; RULE VIOLATED:
30 TAC §116.115(b)(2)(F) and (c), Permit Number 36726, and THSC, §382.085(b),
by failing to comply with the permitted limit for carbon monoxide and by failing
to maintain at least a 98% destruction efficiency; PENALTY: $1,800; ENFORCEMENT
COORDINATOR: Mauricio Olaya, (915) 834-4949; REGIONAL OFFICE: 401 East Franklin
Avenue, Suite 560, El Paso, Texas 79901- 1206, (915) 834-4949.
(29) COMPANY: PNI Transportation, Inc.; DOCKET NUMBER: 2005-0723-PST-E;
IDENTIFIER: RN103081055; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY:
fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to
ensure that the owner or operator had a valid, current delivery certificate;
PENALTY: $9,520; ENFORCEMENT COORDINATOR: Deana Holland, (512) 239-2504; REGIONAL
OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(30) COMPANY: R R J & P, Inc. dba Stop & Drive; DOCKET NUMBER:
2005-0695-PST-E; IDENTIFIER: PST Registration Number 71406, RN102466646; LOCATION:
Fannett, Jefferson County, Texas; TYPE OF FACILITY: convenience store with
retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by
failing to provide acceptable financial assurance; PENALTY: $2,808; ENFORCEMENT
COORDINATOR: Dana Shuler, (512) 239-2505; REGIONAL OFFICE: 3870 Eastex Freeway,
Beaumont, Texas 77703-1892, (409) 898-3838.
(31) COMPANY: Red River Authority of Texas; DOCKET NUMBER: 2005-0594-MWD-E;
IDENTIFIER: TPDES Permit Number 11252-001, RN101702256; LOCATION: Estelline,
Hall County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED:
30 TAC §305.125(1) and TPDES Permit Number 11252-001, by failing to comply
with the BOD5 daily average concentration permit limit; PENALTY: $1,400; ENFORCEMENT
COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 3918 Canyon
Drive, Amarillo, Texas 79109-4933, (806) 353-9251.
(32) COMPANY: City of Sadler; DOCKET NUMBER: 2005-0544-MWD-E; IDENTIFIER:
RN101917714; LOCATION: Sadler, Grayson County, Texas; TYPE OF FACILITY: wastewater
treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 0011037001,
and the Code, §26.121(a), by failing to comply with the permit effluent
limitations for pH; PENALTY: $5,920; ENFORCEMENT COORDINATOR: Harvey Wilson,
(512) 239-0321; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951,
(817) 588-5800.
(33) COMPANY: City of Santa Anna; DOCKET NUMBER: 2005-0791-PWS-E; IDENTIFIER:
RN101388684; LOCATION: Santa Anna, Coleman County, Texas; TYPE OF FACILITY:
public water supply; RULE VIOLATED: 30 TAC §290.113(b)(1) and (f)(4)
and THSC, §341.0315(c), by exceeding the MCL for TTHM and HAA5; PENALTY:
$655; ENFORCEMENT COORDINATOR: Jill McNew, (512) 239-0560; REGIONAL OFFICE:
1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.
(34) COMPANY: Ron Wood dba South Lakewood Grocery; DOCKET NUMBER: 2005-0681-PST-E;
IDENTIFIER: PST Facility Identification Number 16005, RN102714029; LOCATION:
Queen City, Cass County, Texas; TYPE OF FACILITY: convenience store with retail
sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing
to provide acceptable financial assurance; PENALTY: $1,280; ENFORCEMENT COORDINATOR:
Howard Willoughby, (361) 825-3100; REGIONAL OFFICE: 2916 Teague Drive, Tyler,
Texas 75701-3756, (903) 535-5100.
(35) COMPANY: Southfork Development, Limited; DOCKET NUMBER: 2005-0222-EAQ-E;
IDENTIFIER: EAQ Protection Program Numbers 11-00091202 and 11-00091202A, RN102724358;
LOCATION: Round Rock, Williamson County, Texas; TYPE OF FACILITY: developing
and selling residential homes; RULE VIOLATED: 30 TAC §213.4(g)(3) and
(k), by failing to submit proof of deed recordation and by failing to maintain
the water quality pond; and 30 TAC §213.5(b)(4)(D)(ii)(II) and (c)(3)(D),
by failing to submit certification that the water quality pond was constructed
as designed and by failing to submit certification of new sewage collection
lines; PENALTY: $2,940; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495;
REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336,
(512) 339-2929.
(36) COMPANY: Texas A&M University; DOCKET NUMBER: 2005-0578-MWD-E;
IDENTIFIER: TPDES Permit Number 04003000, RN102182086; LOCATION: College Station,
Brazos County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED:
30 TAC §305.125(1), TPDES Permit Number 04003000, and the Code, §26.121(a),
by failing to comply with permitted effluent limits for total residual chlorine,
hexavalent chromium, total copper, TSS, and pH; and 30 TAC §§205.6,
303.71, and 312.9(d), and the Code, §5.702(a), by failing to pay outstanding
fees; PENALTY: $11,520; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896;
REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254)
751-0335.
(37) COMPANY: Texas Polymer Services, Inc.; DOCKET NUMBER: 2005-0523-IWD-E;
IDENTIFIER: TPDES Permit Number 02835, RN103014031; LOCATION: Orange, Orange
County, Texas; TYPE OF FACILITY: plastics compounding; RULE VIOLATED: 30 TAC §305.125(1),
TPDES Permit Number 02835, and the Code, §26.121(a), by failing to comply
with the permitted effluent limits for BOD5, TSS, total organic carbon, oil
and grease, and pH; PENALTY: $24,300; ENFORCEMENT COORDINATOR: Merrilee Hupp,
(512) 239-4490; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892,
(409) 898-3838.
(38) COMPANY: Trans Health Management, Inc. dba Southwest Regional Medical
Complex; DOCKET NUMBER: 2005-0665-PST-E; IDENTIFIER: PST Registration Number
34487, RN102048923; LOCATION: Lubbock, Lubbock County, Texas; TYPE OF FACILITY:
regional specialty hospital; RULE VIOLATED: 30 TAC § 334.7(d)(3) and §334.8(c)(5)(A)(i)
and (iii) and (B)(ii), and the Code, §26.3467(a), by failing to have
a current valid, delivery certificate and submit a new UST registration and
self-certification form, and by failing to make available to a common carrier
a valid, current delivery certificate; PENALTY: $1,920; ENFORCEMENT COORDINATOR:
Joseph Daley, (512) 239-3308; REGIONAL OFFICE: 4630 50th Street, Suite 600,
Lubbock, Texas 79414-3520, (806) 796-7092.
(39) COMPANY: Vericenter, Inc.; DOCKET NUMBER: 2004-2047-PST-E; IDENTIFIER:
PST Facility Identification Number 46284, RN104403696; LOCATION: Houston,
Harris County, Texas; TYPE OF FACILITY: data processing; RULE VIOLATED: 30
TAC §334.8(c)(4)(A)(vii) and (5)(A)(i) and the Code, §26.3467(a),
by failing to submit a self-certification renewal and by failing to make available
to a common carrier a valid, current delivery certificate; PENALTY: $1,600;
ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 5425
Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(40) COMPANY: Zuber Group, Inc. dba Convenience King 107; DOCKET NUMBER:
2005-0508-PST-E; IDENTIFIER: PST Facility Identification Number 70297, RN102265022;
LOCATION: McGregor, McLennan County, Texas; TYPE OF FACILITY: convenience
store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.48(c),
by failing to properly conduct inventory control; and 30 TAC §334.50(a)(1)
and the Code, §26.3475(c)(1), by failing to provide a method of release
detection for the two USTs; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Ruben
Soto, (512) 239-4571; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco,
Texas 76710-7826, (254) 751-0335.
TRD-200502933
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: July 19, 2005
Licensing Actions for Radioactive Materials
TRD-200502931
Cathy Campbell
General Counsel
Department of State Health Services
Filed: July 19, 2005
The Federal Community Mental Health Block Grant statute (42 USC 300x-51)
requires that the Department of State Health Services (DSHS) make the Texas
Community Mental Health Services State Plan available for public comment during
its development.
DSHS is currently preparing the plan for Fiscal Year (FY) 2006 to describe
the intended use of the Federal Community Mental Health Block Grant funds.
These funds must be utilized by DSHS to develop new initiatives and/or enhance
already existing service delivery systems for adults with severe mental illness
and children with serious emotional disturbance.
When the draft of the FY 2006 Texas Community Mental Health Services State
Plan is available (on or about August 1, 2005), it may be obtained on the
DSHS website at the following address: http://www.dshs.state.tx.us/mhprograms/MHBG.shtm.
CONTACT INFORMATION
The submission of comments regarding the FY 2006 Texas Community Mental
Health Services State Plan, should be directed to: MHBG@dshs.state.tx.us or
Michael D. Maples, LPC, LMFT, Manager, Program Services Unit, Community Mental
Health and Substance Abuse Section, Department of State Health Services, Mail
Code: 2018, 909 West 45th Street, Austin, Texas 78751, telephone (512) 206-4747.
Comments must be received by 5:00 p.m., Central Daylight Saving Time, on
August 11, 2005.
TRD-200502936
Cathy Campbell
General Counsel
Department of State Health Services
Filed: July 19, 2005
Request for Offers for Consulting Services
The Texas Higher Education Coordinating Board (hereinafter referred to
as THECB) is soliciting offers from organizations (hereinafter referred to
as Consultant) for consulting services to advise THECB on the Texas Association
of Developing Colleges (hereinafter referred to as TADC) Centers for Teacher
Education. The ultimate objectives of this Request for Offers (hereinafter
referred to as RFO) are to 1) facilitate and coordinate a collaborative strategic
planning process to involve TADC college administration in planning for collaborative
distance education, upgrading of technology, curriculum development and redesign
and improvement of ExCET preparation; 2) work in collaboration with the Texas
Higher Education Coordinating Board and TADC college administration to identify
training needs of college faculty in the centers for teacher education in
the areas related to distance education, curriculum development and improvement
of ExCET preparation; 3) facilitate and coordinate college administration
and faculty professional development workshops to meet areas of need for delivery
of distance education, curriculum development and redesign and improvement
of ExCET preparation; and 4) report progress in TADC teacher education enrollment,
level of participation in the distance education program, successful student
placements, and other evaluative measures.
This Request for Offer is being made pursuant to authority granted under
Texas Government Code, Chapter 2254, Subchapter B, §2254.026 (relating
to contracts with private consultants).
1. GENERAL BACKGROUND: The Texas Legislature established the Centers for
Teacher Education Program during the 74th legislative session. The Texas Higher
Education Coordinating Board was given the assignment of managing the program
and has provided trusteed funds to support the programs at several historically
Black Colleges. These institutions collectively form the Texas Association
of Developing Colleges (TADC) and include Jarvis Christian College in Hawkins,
Paul Quinn College in Dallas, Texas College in Tyler, Huston-Tillotson University
in Austin, and Wiley College in Marshall. These colleges are private, general
academic, minority-serving institutions and the funds appropriated are used
for the purpose of supporting their centers for teacher education. The purpose
of the Centers for Teacher Education at the participating institutions is
to 1) recruit, train and place qualified minorities in the teaching profession;
2) integrate technology into the colleges’ teacher preparation programs;
and 3) provide or participate in at least one course per semester via distance
education technologies.
THECB retains a small percentage of the appropriations made for the teacher
education centers for the costs of on-site monitoring and distribution of
funds and, uses a portion of the amounts retained to obtain the services of
a consultant to facilitate and coordinate the process of curriculum development
and program redesign to improve teacher preparation at the participating institutions.
The consultant assists with the administrative oversight of the various teacher
education activities, coordinates the quarterly meetings that are held in
Dallas, and works closely with THECB staff.
2. CONTRACT TERM:
2.1 The contract resulting from this RFO, shall commence on the execution
date and shall terminate on August 31, 2006 or upon the completion of Consultant’s
work described herein, whichever occurs first, unless terminated earlier pursuant
to terms and conditions of the anticipated contract resulting from this RFO.
3. SCOPE OF WORK:
3.1 Overview
Consultant shall facilitate and coordinate a collaborative strategic planning
process to involve TADC college administration in planning for collaborative
distance education, upgrading of technology, curriculum development and redesign
and improvement of ExCET preparation; work in collaboration with the Texas
Higher Education Coordinating Board and TADC college administration to identify
training needs of college faculty in the centers for teacher education in
the areas related to distance education, curriculum development and improvement
of ExCET preparation; facilitate and coordinate college administration and
faculty professional development workshops to meet areas of need for delivery
of distance education, curriculum development and redesign and improvement
of ExCET preparation; and report progress in TADC teacher education enrollment,
level of participation in the distance education program, successful student
placements and other evaluative measures. Consultant shall be solely responsible
and accountable for managing and completing all activities, tasks, milestones
and deliverables in accordance with the Scope of Work and the deliverables
commitment of this RFO. Assignment of THECB staff to assist Consultant in
its responsibility shall in no way release the Consultant from its responsibility
for completing any work or delivering any products set forth in this RFO,
its Statement of Work or resulting contract.
3.2 Phase I - Proposal
Consultant shall provide to THECB a proposal of services to be performed,
a proposed plan of action to be taken to achieve the goals set forth in this
agreement, and evaluation of the attainment of the goals and objectives set
forth by the agreement. The proposal must include specific objectives and
timelines for meeting each phase of the plan. The proposal must also include
consultant’s travel costs to TADC schools named in Section 1 or other
sites within Texas, including travel costs of THECB staff to monitor compliance
with this contract.
3.2.1 In response to this RFO, the Consultant must:
1. provide a detailed description of Consultant’s suggested methodology,
approach and alternatives to meeting Phase I objectives;
2. propose a detailed description of the tasks, activities, resources and
time lines for performing Phase I objectives (the description should be sufficiently
detailed to include in a Statement of Work for the contract);
3. provide a brief description of Consultant’s qualifications to
perform Phase I objectives;
4. describe Consultant’s prior experience in performing Phase I type
objectives, with an emphasis on prior experience with public sector contracts
and describe how organizations responded to Consultant’s recommendations;
and
5. provide a list of references where Phase I type objectives were met,
including for each reference: the name of the organization, the name, title,
address and telephone number of a contact person and a brief description of
the services performed.
3.3 Phase II - Progress Reports
3.3.1 Consultant shall submit to THECB a progress report providing information
on 1) all records of evidence of expenditure of funds to assist the TADC school’s
efforts to improve student recruitment and retention; 2) evidence of professional
development activities at the TADC schools to date; 3) report on the extent
to which library, mathematics, science, technology laboratories and other
facilities at the TADC schools have been enhanced; 4) evaluation of changes
in curricula to better match TExES/ExCET competencies and outcomes at TADC
schools; 5) evaluation of the effectiveness of technology integration to date
at TADC schools; 6) summary of expenditures for personnel related to improved
educator preparation at TADC schools; and 7) summary evidence that library
holdings have been enhanced in the areas of certification at TADC schools.
3.3.2 In response to this RFO, the Consultant must:
1. provide a detailed description of Consultant’s suggested methodology,
approach and alternatives to meeting Phase II objectives;
2. propose a detailed description of the tasks, activities, resources and
time lines for performing Phase II objectives (the description should be sufficiently
detailed to include in a Statement of Work for the contract);
3. provide a brief description of Consultant’s qualifications to
perform the Phase II objectives;
4. describe Consultant’s prior experience in performing Phase II
type objectives with emphasis on prior experience with public sector contracts;
and
5. provide a list of references where Phase II type objectives were met,
including for each reference: the name of the organization, the name, title,
address and telephone number of a contact person and a brief description of
the services performed.
3.4 Phase III - Final Report
3.4.1 Consultant shall submit a final report to THECB evaluating the effectiveness
of the funds for improving teaching education at the TADC schools and detailing
their progress to date in achieving the following: 1) improving the TExES/ExCET
pass rate for TADC first-time test-takers and retake pass rates; 2) increasing
the number of students enrolled in the teacher preparation program at TADC
schools; 3) increasing the graduation rate of teacher preparation candidates
at TADC schools; 4) integrating existing technology into teacher preparation
at TADC schools; and 5) summary evidence that courses are sent per semester
via distance education technologies at TADC schools.
3.4.2 In response to this RFO, the Consultant must:
1. provide a detailed description of Consultant’s suggested methodology,
approach and alternatives to meeting Phase III objectives;
2. propose a detailed description of the tasks, activities, resources and
time lines for performing Phase III objectives (the description should be
sufficiently detailed to include in a Statement of Work for the contract);
3. provide a brief description of Consultant’s qualifications to
perform the Phase III objectives;
4. describe Consultant’s prior experience in performing Phase III
type objectives; and
5. provide a list of references where Phase III objectives were met, include
for each reference: the name of the organization, the name, title, address
and telephone number of a contact person and a brief description of the services
performed.
3.5 Audit
Consultant understands that acceptance of state funds under this contract
acts as acceptance of the authority of the State Auditor’s Office, or
any successor agency, to audit or investigate the expenditure of state funds
under this contract. Consultant further agrees to cooperate fully with the
State Auditor’s Office or its successor, including providing all records
requested. Consultant will ensure that this clause concerning authority to
audit state funds received indirectly by subcontractors through the Consultant
and the requirement to cooperate is included in any subcontract it awards.
3.6 Contract Deliverables
3.6.1 Consultant shall, in a good and satisfactory manner, carry out the
tasks necessary to provide analysis, advice, recommendations, performances
and Deliverables as called for in this RFO and in accordance with the Scope
of Work. Such performances shall be rendered at schools named in Section 1
or other sites within Texas as hereinafter named by THECB or its designee,
unless THECB, or its designee, shall otherwise specify in writing.
3.6.2 Substantive Outlines. As an interim deliverable, Consultant shall
produce and present to THECB, for review and approval, a substantive outline
for the work and content for: Phase I, Phase II, and Phase III. The substantive
content of each outline shall include at a minimum a proposed final report
format and a substantive discussion of the approach and methodology for the
work to be performed. THECB and Consultant shall adjust or revise the scope
of each outline to more clearly define the Scope of Work.
3.6.3 Draft Reports. As an interim deliverable, Consultant shall produce
and present to THECB, for review and approval, an interim draft report for:
Phase I, Phase II, and Phase III. This deliverable shall include: appendices
with statistical data supporting findings, conclusions and recommendations.
Consultant shall also include: charts, graphs, and other visual representations
of core findings, conclusions and recommendations. The Consultant shall make
such corrections to substance and content as identified by THECB. The Consultant
shall make such adjustments and modifications to draft report as identified
by THECB.
3.6.4 Final Reports. As a final contract Deliverable, Consultant shall
produce a written report for: Phase I, Phase II, and Phase III. The specific
organization and substantive content of each report shall be resolved throughout
the project, with emphasis during the interim deliverable stages. Each report
shall include the following topics and such other topics, which are specifically
agreed upon between THECB and Consultant and the report must thoroughly resolve
the particular issues unique to each deliverable:
Table of Contents
Executive Summary
Scope and Objectives
Summary of Significant observations and Conclusions
Overall Conclusions and Recommendations
Background
Detailed Scope and Objectives
Methodology
Assumptions
Detailed Findings and Observations
Analysis
Recommendations
Conclusion
Appendices
3.6.5 Status Reporting. During scheduled bi-weekly meetings, Consultant
shall provide oral reports on Project progress and schedule, and a schedule
of the next period's activities. Consultant shall document by written minutes
of the meetings. Details of the period’s activities shall include:
planned schedule versus actual schedule;
any problems encountered and status;
any failures to meet deadlines and proposed solutions; and
any deviations from the Scope of Work;
The Consultant shall disclose at the meeting the impact that any problems,
failures or deviations have on the scheduled completion of tasks and work
segments, the Phase, and the entire Project. Bi-weekly meetings may be by
telephone conference call.
The Consultant shall submit to THECB a written report of schedule and/or
content variances from the Scope of Work for each Phase, at the deliverable,
task and activity levels, within five (5) working days from the time of their
occurrence.
The Consultant shall submit monthly written reports to THECB that shall
encompass:
the overall status of the Project, including unanticipated problems and
delays and the impact on Project completion;
the prior month's accomplishments;
any outstanding problems and/or issues and proposed solutions; and
upcoming activities.
At a minimum, Consultant shall illustrate all upcoming activities using
work plans specifically identifying tasks, personnel and begin and end dates.
3.6.6 Consultant and THECB shall develop a tentative schedule for periodic
meetings with THECB. The meetings shall be for the purpose of providing information
and additional guidance to Consultant in the performance of the Scope of Work.
THECB may request interim advice from Consultant at such meetings. If appropriate,
such meetings may coincide with regularly scheduled meetings to report status.
3.6.7 THECB shall have thirty (30) business days following delivery of
the interim or final products, Deliverables or Services ("Acceptance Period"),
to accept or reject any products, Deliverables or Services ("Deliverable")
tendered by Consultant in performance under this RFO or resulting contract.
Tendering to THECB a Deliverable for Acceptance constitutes a certification
by the Consultant that the Deliverable fully meets all of the requirements
in the RFO, Scope of Work and any resulting contract. In the event THECB elects
to reject a Deliverable during the Acceptance Period, THECB shall notify Consultant
in writing of such rejection. THECB shall assist Consultant in identifying
the error, type of error or inadequacy of the Deliverable, to permit Consultant
to understand the cause of the error or inadequacy and correct the error or
inadequacy. Upon Consultant’s resolution of any errors or inadequacies,
identified during the Acceptance Period, the Deliverable shall be resubmitted
to THECB for acceptance or rejection as stated above. Acceptance of the Deliverable(s)
shall be in writing by an authorized representative of THECB ("Acceptance").
3.6.8 Time is of the essence in completing the Deliverables Phases I-III
Deliverables. Completion for the Deliverables for Phases I-III is required
no later than July 28, 2005. Consultant should provide proposed completion
dates in the format below in order to meet the project completion date of
August 31, 2006.
Phase I:
Substantive Outline: tendered to THECB on or before October 14, 2005;
Interim Draft Report: tendered to THECB on or before October 24, 2005;
Final Report: tendered to THECB on or before November 4, 2004;
Status Reports, according to the schedule;
In-person-report(s).
Phase II:
Substantive Outline: tendered to THECB on or before December 5, 2005;
Interim Draft Report: tendered to THECB on or before January 25, 2006;
Final Report: tendered to THECB on or before March 3, 2006;
Status Reports, according to the schedule;
In-person-report(s).
Phase III:
Substantive Outline: tendered to THECB on or before May 5, 2006;
Interim Draft Report: tendered to THECB on or before June 16, 2006;
Final Report: tendered to THECB on or before August 4, 2006
Status Reports, according to the schedule;
In-person-report(s).
3.6.9 As an additional Deliverable, Consultant shall make "in person" presentations
of its findings, analysis, conclusions and recommendations on such dates,
times, and places in Austin, Travis County, Texas as requested by THECB. Such
presentations may include audiences internal or external to THECB. THECB anticipates
that no more than two or three such presentations shall be required. These
presentations may occur, within an 18-month time frame following the Acceptance
of the final report(s).
4. OFFER PROCESS
4.1 Questions relating to the RFO. Consultant is expected to examine this
Request for Offers (RFO) carefully, understand the terms and conditions for
providing the pertinent services, and respond completely. Failure to respond
completely may result in disqualification. Questions about this RFO shall
be directed, in writing only, to the address provided below, on company letterhead
or via e-mail. Verbal questions and explanations are not permitted. Electronic
submissions by facsimile shall be accepted. THECB reserves the right to provide
or not to provide additional clarification in response to Consultant’s
questions. To be eligible to receive Consultant questions and responses to
this RFO, if any, the Consultant, must file a written letter of interest with
THECB no later than 2:00 p.m. on Tuesday, August 30, 2005. No inquiries or
questions shall be answered after 2:00 p.m. on Tuesday, August 30, 2005 to
allow ample distribution time for any changes. Any questions or letters of
interest regarding this RFO may be directed to:
Dr. Susan Hetzler, Program Director for Educator Preparation
Academic Affairs and Research Division
Texas Higher Education Coordinating Board
P. O. Box 12788
Austin TX 78711
4.2 Delivery of Offer. A signed original and five (5) copies of the offer
must be received by THECB, no later than 5:00 p.m., Central Time, September
16, 2005. Any offer received after the specified time and date shall not be
considered. Conditioned on THECB’s receipt of the requisite finding
of fact from the Governor’s Budget and Planning Office pursuant to Texas
Government Code §2254.028, THECB anticipates entering into the resultant
contract on or about September 23, 2005. The Consultant’s offers shall
be delivered to:
Dr. Susan Hetzler, Program Director for Educator Preparation
Academic Affairs and Research Division
Texas Higher Education Coordinating Board
1200 East Anderson Lane
Austin TX 78752
P.O. Box 12788, Austin TX 78711
4.3 THECB Reservation of Rights. THECB has sole discretion and the absolute
right to reject any and all offers, terminate this Request for Offers or amend,
delay or re-issue this Request for Offers. THECB reserves the right to remedy
technical errors in the RFO process, waive any informalities and irregularities
relating to any or all Offers submitted in response to this request and to
negotiate modifications necessary to improve the quality or cost effectiveness
of any Offer to THECB. THECB further reserves the right to accept one or more
offers and contract for any grouping or individual Deliverables described
in this RFO. The issuance of this Request for Offers does not constitute a
commitment by THECB to award any contract. THECB intends any material provided
in this Request for Offers only and solely as a means of identifying the scope
of services and qualifications sought.
4.4 Expenses for Preparing Offer. THECB shall not pay any cost incurred
by a prospective Consultant in the preparation of a response to this Request
for Offers and such costs shall not be included in the budget of the prospective
Consultant submitted pursuant to this Request for Offers. The State of Texas
assumes no responsibility for expenses incurred in the preparation of responses
to this Request for Offers. In the event that the prospective Consultant is
engaged to provide the services contemplated by this Request for Offers, any
expenses incurred by the prospective Consultant associated with the negotiation
and execution of the contract for the engagement shall remain the obligation
of the Consultant.
4.5 Non-responsive Offers. Failure to respond to all required portions
of this RFO may result in the Consultant’s response being deemed non-responsive.
If a Consultant’s response is deemed non-responsive by THECB, the response
shall be disqualified. Offers must be signed by an officer or principal of
the Consultant, however, they may be signed by an agent if accompanied by
written evidence of authority.
4.6 Duration of Offer. All provisions in Consultant’s Offer, including
any estimated or projected costs, shall remain valid for ninety (90) days
following the deadline date for submissions or if an Offer is selected, throughout
the entire term of the Contract. Offers may be withdrawn in writing prior
to the date and time set for receipt of Offers.
4.7 Negotiation with Consultant. Preliminary and final negotiations with
top-ranked prospective Consultants may be held at the discretion of THECB.
THECB may decide, at its sole option and in its sole discretion, to negotiate
with one, several, or none of the prospective Consultants submitting Offers
pursuant to this request. During the negotiation process, THECB and any prospective
Consultant(s) with whom THECB chooses to negotiate, may adjust the scope of
the services, alter the method of providing the services, and/or alter the
costs of the services so long as the changes are mutually agreed upon and
are in the best interest of THECB. Statements made by a prospective Consultant
in the Offer packet or in other appropriate written form shall be binding
unless specifically changed by the Consultant, in writing, during final negotiations.
A contract award may be made by THECB without negotiations if THECB determines
that such an award is in THECB's best interest.
4.8 Selection Criteria. THECB shall conduct an evaluation of all offers
that conform to the requirements of this RFO. In selecting a consultant, THECB
shall: (1) base its choice on demonstrated competence, knowledge, and qualifications
and on the reasonableness of the proposed fee for the services; and (2) if
other considerations are equal, give preference to a consultant whose principal
place of business is in the State of Texas or who shall manage the consulting
contract wholly from an office in the State of Texas. Conforming offers shall
be reviewed by a Selection Committee consisting of THECB staff members.
4.9 Award/Contract Subject to Available Appropriations. This Request for
Offers and any contract which may result from it are subject to appropriation
of State funds and the Request for Offers and/or contract may be terminated
at any time if such funds are not available.
4.10 Public Information. All offers are considered to be public information
subsequent to an award of the contract. All information relating to Offers
shall be subject to the Public Information Act, Texas Government Code Annotated,
Chapter 552, after the award of the contract. All documents shall be presumed
to be public unless a specific exception in that Act applies. Prospective
Consultants are requested to avoid providing information which is proprietary,
but if it is necessary to do so, offers must specify the specific information
which the prospective Consultant considers to be exempted from disclosure
under the Act and those pages or portions of pages which contain the protected
information must be clearly marked. The specific exemption that the prospective
Consultant believes protects that information must be cited. THECB shall assume
that an Offer submitted to THECB contains no proprietary or confidential information
if the prospective Consultant has not marked or otherwise identified such
information in the offer at the time of its submission to THECB.
4.11 Negotiation of Contract Terms and Conditions. At any time after the
offers are opened, THECB may negotiate contract terms and conditions with
one or more of the Consultants. An award of a contract is expressly conditioned
upon THECB and Consultant reaching an agreement on contract terms and conditions.
THECB reserves the sole right, in its discretion, to determine if contract
terms and conditions are acceptable. If the Consultant and THECB are unable
to reach an agreement on the contract terms and conditions, THECB shall disqualify
that Consultant, and then THECB shall negotiate contract terms and conditions
with the next best Consultant.
4.12 Return of Offers After Selection Process. All offers become property
of THECB upon receipt and shall not be returned.
4.13 Ethics Standards. No person shall participate or assume a responsibility
in the implementation and execution of this RFO process including, but not
limited to, the evaluation of offers and selections of Consultant’s,
when such participation constitutes a conflict of interest as defined by state
law or executive order. After the RFO is published, THECB or any employee
shall not furnish any technical information, or solicit offers and/or prices
for its requirements or take any type of action which would or could be construed
to give a direct or indirect advantage or disadvantage to any potential Consultant.
4.14 Restrictions on Communication. After the RFO has been issued, Consultant
is prohibited from communicating with THECB staff regarding the RFO or offers,
with the following exceptions:
Dr. Susan Hetzler, in writing;
The Committee, if interviews are conducted;
THECB reserves the right to contact any Consultant for clarification after
responses are opened and/or to further negotiate with any Consultant if such
is deemed desirable by THECB.
THECB shall not schedule meetings with representatives of any Consultant
to discuss offers, and Consultant should not contact THECB employees to explain,
clarify or discuss their Offers before an award has been made except as set
out in this section. Violation of this provision may lead to disqualification
from this process.
5. CONTENT OF OFFERS
5.1 All Offers must be typed, double spaced, on 8 1/2" x 11" paper, clearly
legible, with all pages sequentially numbered and bound or stapled together.
The name of the prospective Consultant must be typed at the top of each page.
Do not attach covers, binders, pamphlets, or other items not specifically
requested.
5.2 A Table of Contents must be included with respective page numbers opposite
each topic. The Offer must contain the following completed items in the following
sequence:
Transmittal Letter: A letter addressed to Dr. Susan Hetzler, Program Director
for Educator Preparation, Academic Affairs and Research Division, Texas Higher
Education Coordinating Board, P.O. Box 12788, Austin, TX 78711 that identifies
the person or entity submitting the Offer and includes a commitment by that
person or entity to provide the services required by THECB. The letter must
specifically identify that this Offer is in reference to THECB Texas Association
of Developing Colleges-Centers for Teacher Education RFO. The letter must
include "full acceptance of the terms and conditions of the contract resulting
from this Request for Offers." Any exceptions must be specifically noted in
the letter. However, any exceptions may disqualify the Offer from further
consideration at THECB's discretion. The letter must state, "The Offer enclosed
is binding and valid at the discretion of THECB."
Executive Summary: The Offer must include a summary of the contents of
the Offer, excluding cost information. Address services that are offered beyond
those specifically requested as well as those offered within specified deliverables.
Explain any missing or other requirements not met, realizing that failure
to provide necessary information or offer required service deliverables may
result in disqualification of the Offer.
Project Offer: The Offer must track and reference each section number in
Section 3 Scope of Work. Consultant should provide a substantive description
of how Consultant proposes to satisfy each item. If Consultant cannot satisfy
a particular item or requirement, then Consultant must clearly identify the
items or requirements it cannot satisfy. If Consultant believes it can best
meet the needs of THECB by suggesting a modification to the Scope of Work,
please suggest alternatives. If an alternative is proposed, please include
a separate section identified as "Alternative Offer to Section X.X." THECB
reserves the right to not consider alternative Offers. If a response requires
Consultant to assume facts not presented in the RFO, Consultant must clearly
identify such assumed facts. If a section requests specific information, please
include the requested information.
Cost Offer: THECB is interested in awarding a fixed fee contract. Because
THECB may enter into a contract for all or some of the deliverables, please
identify each deliverable and the corresponding fee and include a proposed
schedule of payments. Consultant is welcome to suggest alternative fee Offers,
but if an alternative is offered, please clearly identify that the fee Offer
is an alternative. The THECB reserves the right to not consider alternative
Offers.
Qualifications: While THECB is interested in the experience and qualifications
of Consultant’s firm or company, THECB is particularly interested in
the experience of the individual staff Consultant intends to apply to this
engagement. Therefore, please include information relating to the firm’s
or company’s experience and qualification and please attach detailed
resumes for each staff that Consultant intends to apply to this engagement.
The resumes should identify the specific experience, projects and assignments
for each staff offered. Emphasis should be placed on similar projects within
the public sector and/or higher education.
References: Prospective Consultants shall provide the names of at least
three (3) different references meeting the following criteria:
1. The reference company or entity must have engaged the prospective Consultant
for the same or similar services as those to be provided in accordance with
the terms of this Request for Offers.
2. The services must have been provided by the prospective Consultant to
the reference company or entity within the five (5) years preceding the issuance
of this Request for Offers.
3. The reference company or entity must not be affiliated with the prospective
Consultant in any ownership or joint venture arrangement.
4. References must include the company or entity name, address, contact
name, and telephone number for each reference. THECB may not be used as a
reference. The contact name must be the name of a senior representative of
the reference company or entity who was directly responsible for interacting
with the prospective Consultant throughout the performance of the engagement
and who can address questions about the performance of the prospective Consultant
from personal experience. References shall accompany the Offer.
5. For each such reference, the prospective Consultant shall provide a
signed release from liability in the form of a letter addressed to the reference
company or individual signed by Consultant for each reference provided in
response to this requirement. The release from liability shall absolve the
specified reference company or entity from liability for information provided
to THECB concerning the prospective Consultant's performance of its engagement
with the reference.
Financial Condition: As part of any Offer submission, the prospective Consultant
must include information regarding financial condition, including income statements,
balance sheets, and any other information which accurately shows the prospective
Consultant's current financial condition. All offers shall include the Consultant’s
State of Texas vendor identification number or federal tax identification
number. THECB reserves the right to request such additional financial information
as it deems necessary to evaluate the prospective Consultant, and by submission
of an Offer, the prospective Consultant agrees to provide same. The prospective
Consultant must disclose if and when it has filed for bankruptcy within the
last seven (7) years. For prospective Consultants conducting business as a
corporation, partnership, limited liability partnership, or other form of
artificial person, the prospective Consultant must disclose whether any of
its principals, partners, or officers have filed for bankruptcy within the
last seven (7) years.
Certifications/Affirmations/Disclosures: By signing the transmittal letter
and submitting an Offer, Consultant makes and agrees to make the following
certifications, affirmations and disclosures. If any explanation or qualification
is required for any certification, affirmation or disclosure, you must include
such explanation or qualification in your transmittal letter. A false statement
or misleading statement in this section is a material breach of contract and
shall void the submitted Offer or any resulting contracts. Please restate
each of the following certifications, affirmations or disclosures in this
section of your Offer.
1. The Consultant has not given, nor intends to give at any time hereafter,
any economic opportunity, future employment, gift, loan, gratuity, special
discount, trip, favor, or service to a public servant in connection with the
submitted Offer.
2. The Consultant is not currently delinquent in the payment of any franchise
tax owed the State of Texas.
3. Neither the Consultant nor the firm, corporation or partnership or institution
represented by the Consultant or anyone acting for such firm, corporation
or institution has violated the antitrust laws of this State, the Federal
antitrust laws nor communicated directly or indirectly the Offer made to any
competitor or any other person engaged in such line of business.
4. The Consultant has not received compensation for participation in the
preparation of the specification for this Offer.
5. Pursuant to Texas Family Code, §231.006 (relating to delinquent
child support), the Consultant certifies that the individual or business entity
named in this Offer is not ineligible to receive a specified payment and acknowledge
that this contract may be terminated and payment may be withheld if this certification
is inaccurate.
6. An Offer must include the names and Social Security Numbers of each
person with at least a 25% ownership of the business entity submitting this
Offer.
7. Pursuant to §2155.004 Government Code (relating to issuance of
warrants to persons indebted to the State or who owe delinquent taxes to the
State) the Consultant certifies that the individual or business entity named
in this Offer is not ineligible to receive the specified contract and acknowledges
that this contract may be terminated and payment withheld if this certification
is inaccurate.
8. Consultant acknowledges and agrees that, to the extent Consultant owes
any debt or delinquent taxes to the State of Texas, in accordance with §403.055(h),
Government Code, any payments Consultant is owed under this Agreement shall
be applied by the Comptroller of Public Accounts toward any debt or delinquent
taxes Consultant owes the State of Texas until the debt or delinquent taxes
are paid in full.
9. Pursuant to Article 2.45 of the Texas Business Corporation Act, Consultant
must certify that it is not delinquent in a tax owed to the State under Chapter
171 of the Texas Tax Code. Any Consultant who is delinquent may not be awarded
a contract by the State.
10. With respect to all services, if any, purchased pursuant to this RFO,
Consultant represents and warrants that it shall buy Texas products and materials
for use in providing the services authorized herein when such products and
materials are available at a comparable price and in a comparable period of
time when compared to non-Texas products and materials.
11. Consultant certifies that if a Texas address is shown as the address
of the vendor, Vendor qualifies as a Texas Resident Bidder as defined in Rule
1 TAC §111.2.
12. If the consultant is an individual not residing in Texas or a business
entity not incorporated in or whose principal domicile is not in Texas, the
consultant certifies that it either: (a) holds a permit issued by the Texas
comptroller to collect or remit all state and local sales and use taxes that
become due and owing as a result of the consultant’s business in Texas;
or (b) does not sell tangible personal property or services that are subject
to the state and local sales and use tax.
13. If the Consultant is an individual who has previously been employed
by THECB or any other Texas state agency at any time during the two years
preceding their Offer, the Consultant must disclose the following:
the nature of the previous employment with THECB or any other state agency;
the date the employment was terminated;
the annual rate of compensation for the employment at the time of the Consultant’s
termination.
If a Consultant is subject to this disclosure and fails to make such a
disclosure, the Offer shall be disqualified.
TRD-200502937
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Filed: July 19, 2005
The Texas Higher Education Coordinating Board is seeking proposals in response
to this Request for Qualifications (RFQ) for bond and program counsel. The
Board is seeking to employ Bond Counsel and Program Counsel to assist the
Board in the issuance of bonds and to provide general program assistance when
needed.
The Board is a state agency with board members appointed by the Governor.
Bonds are issued to fund ongoing student loan programs. The enabling act,
Chapter 52 and Chapter 56, Texas Education Code, as amended, provides for
the administration of the programs by the Board. Historically, the programs
have provided funding through the repayment of student loans and earnings
in amounts sufficient to meet debt service and reserve requirements and to
pay administrative costs of the student loan program without drawing on the
State’s General Revenue Fund. The Board uses bond proceeds to fund the
loan programs. The programs provide low interest loans to eligible students
seeking an undergraduate education and/or graduate or professional education
through public and independent institutions of higher education in Texas.
The counsel's responsibilities for bond work will include, but will not
be limited to, advice to the Board, and staff of the Board (Staff) on: the
legal ramifications and constraints of the issuance of bonds; the legality
of loan policy proposals and legal aspects of investments and loan policy;
the legality of proposed debt structuring techniques; compliance with federal
tax and securities requirements for financings associated with the Board's
programs; and, real and anticipated changes in state and federal law, regulations,
or public policy, and the potential and real impact on existing or anticipated
bond issues, investment policy, and loan policy. With respect to new bond
issues, bond counsel, in consultation with the Board's Financial Advisor and
Staff, may be asked to prepare or review legal documents required by the Board,
Comptroller of Public Accounts, Attorney General, or outside parties; request
and obtain approval of the bond issue from the Attorney General, Governor,
Bond Review Board and other required authorities; and review all financial
models and render opinions on the legality and relevant tax position of the
proposed issuance and lending scenario. The counsel shall also perform other
legal services, if requested by the Board that do not come within the functions
of bond counsel for a particular bond issue, but are needed for the implementation
and administration of the programs of the Board. Such services shall include,
without limitation, the following: consultation concerning planning and development
of programs of the Board; providing advice concerning policies for lending
funds to eligible borrowers; review of program applications; review and drafting
of loan documents; assistance in implementing loan guarantee programs; and
advice and services concerning legislation affecting such programs.
Responses to this RFQ should include at least the following: a thorough
description of your firm's ability to represent the Board in the stated job
duties; a description of your firm's past experience as counsel for other
state agencies; a description of your firm's past experience as counsel to
state and federal banks, credit unions, finance companies, and other financial
institutions; a designation of the individuals who might be assigned to the
work of the Board; examples of similar programs in which your firm has assisted
as legal counsel; a quotation of your proposed fee structure based upon the
issuance of financing enhanced by the general obligation of the State of both
fixed and variable rate bond issuance; a statement addressing the effort made
by your firm to encourage and develop the participation of women and minorities
in your firm; affirmation that the firm does not, and shall not during the
term of the contract, represent any plaintiff in a proceeding seeking monetary
damages from the State of Texas or any of its agencies; and a statement of
willingness to comply with policies, directives, and guidelines of the Board
and the Attorney General of the State of Texas.
Responses to this RFQ will be evaluated and ranked according to the information
provided, and summarized for the Commissioner of Higher Education's review.
Staff will rank the proposals and make a recommendation to the Commissioner.
The Commissioner intends to select the proposal that demonstrates the highest
degree of competency and the necessary qualifications and experience in providing
the requested legal services at a fair and reasonable price.
A duly authorized representative of the firm must execute the submitted
response. An unsigned response will not be accepted. Issuance of this RFQ
in no way constitutes a commitment by the Board to award a contract, to issue
bonds, or to pay for any services incurred either in the preparation of a
response to this RFQ or for the production of any contract for services. The
Board also reserves the right to make amendments to the qualifications requested
by giving written notice to all firms who receive this RFQ. All communications
with the Board concerning this RFQ and the selection of Bond Counsel shall
be directed to Jan Greenberg, General Counsel for the Board. Any contact by
a submitting firm, its employees or representatives with any Board member
for the purposes of soliciting or encouraging a favorable review may be considered
grounds for disqualification.
All proposals must be received no later than 5:00 p.m., August 15, 2005.
Proposal responses, modifications or addenda to an original response received
by the Board after the specified time and date for closing will not be considered.
Each firm is responsible for ensuring that its response reaches the Board
before the proposed due date. Firms should submit one unbound original and
three (3) copies of their proposal to: Texas Higher Education Coordinating
Board, Jan Greenberg, General Counsel, P.O. Box 12788, Austin, Texas 78711;
or hand delivered to 1200 East Anderson Lane, Room 2.170, Austin, Texas. Please
mark the envelopes containing proposals with the following note in the lower
left-hand corner: IN RESPONSE TO PROPOSAL REQUEST: BOND and PROGRAM COUNSEL.
All proposals become the property of the Board. Proposals must set forth full,
accurate and complete information as required by this request. Oral responses,
instructions or offers will not be considered. The Board reserves the right
to reject any and all responses.
The contract term shall be for the period beginning September 1, 2005,
through August 31, 2006, with the option of a one year extension.
The contract issued under this RFQ will be in the form prescribed by the
Office of the Attorney General for Outside Counsel Contracts.
Any response may be modified or withdrawn even after received by the Board
at any time prior to the proposal due date. No material changes will be allowed
after the expiration of the proposal due date; however, non-substantive corrections
or deletions may be made with the approval of Staff. The Board reserves the
exclusive right to review proposals and make an appropriate selection from
such proposals. The Board is not bound to accept any proposal by virtue of
this RFQ.
All costs directly or indirectly related to preparation of a response to
the RFQ or any oral presentation required to supplement and/or clarify the
RFQ which may be required by the Board shall be the sole responsibility of,
and shall be borne by, your firm.
All proposals shall be deemed, once submitted, to be the property of the
Board and are subject to Texas Public Information Act (the Act). Under the
Act, information submitted in response to this RFQ may not be released by
the Board during the proposal evaluation process or prior to the awarding
of a contract. After the Board completes the process and a contract is awarded,
proposals and information included therein may be subject to public disclosure
under the Act.
TRD-200502915
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Filed: July 18, 2005
Company Licensing
Application for ARCADIAN HEALTH PLAN, INC., to use the assumed name TEXAS
COMMUNITY CARE, a foreign Health Maintenance Organization. The home office
is in Oakland, California.
Application for admission to the State of Texas by HSBC INSURANCE COMPANY
OF DELAWARE, a foreign Fire and/or Casualty company. The home office is in
Newcastle, Deleware.
Application for admission to the State of Texas by NEWMARKET UNDERWRITERS
INSURANCE COMPANY, a foreign Fire and/or Casualty company. The home office
is in Concord, New Hampshire.
Any objections must be filed with the Texas Department of Insurance, addressed
to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin,
Texas 78701.
TRD-200502952
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: July 20, 2005
Notice is given to the public of the application of the listed small employer
health benefit plan issuer to be a risk-assuming health benefit plan issuer
under §1501.312, Texas Insurance Code. A small employer health benefit
plan issuer is defined by §1501.002(16), Texas Insurance Code as a health
benefit plan issuer offering, delivering, issuing for delivery, or renewing
health benefit plans subject to Subchapters C - H of Chapter 1501, Texas Insurance
Code. A risk-assuming health benefit plan issuer is defined by §1501.301(4),
Texas Insurance Code, as a small employer health benefit plan issuer that
does not participate in the Texas Health Reinsurance System. The following
small employer carrier has applied to be a risk-assuming carrier:
Humana Health Plan of Texas, Inc.
The application is subject to public inspection at the offices of the Texas
Department of Insurance, Legal & Compliance Division - Archie Clayton,
333 Guadalupe, Tower I, Room 860, Austin, Texas.
If you wish to comment on the application of Humana Health Plan of Texas,
Inc. to be a risk-assuming health benefit plan issuer, you must submit your
written comments within 60 days after publication of this notice in the
TRD-200502938
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: July 19, 2005
Notice is given to the public of the application of the listed small employer
health benefit plan issuer to be a risk-assuming health benefit plan issuer
under §1501.312, Texas Insurance Code. A small employer health benefit
plan issuer is defined by §1501.002(16), Texas Insurance Code, as a health
benefit plan issuer offering, delivering, issuing for delivery, or renewing
health benefit plans subject to Subchapters C - H of Chapter 1501, Texas Insurance
Code. A risk-assuming health benefit plan issuer is defined by §1501.301(4),
Texas Insurance Code, as a small employer health benefit plan issuer that
does not participate in the Texas Health Reinsurance System. The following
small employer health benefit plan issuer has applied to be a risk-assuming
health benefit plan issuer:
Humana Insurance Company
The application is subject to public inspection at the offices of the Texas
Department of Insurance, Legal & Compliance Division - Archie Clayton,
333 Guadalupe, Tower I, Room 860, Austin, Texas.
If you wish to comment on the application of Humana Insurance Company to
be a risk-assuming health benefit plan issuer, you must submit your written
comments within 60 days after publication of this notice in the
Texas Register
to Gene C. Jarmon, General Counsel and Chief Clerk,
Mail Code 113-2A, Texas Department of Insurance, P. O. Box 149104, Austin,
Texas 78714-91204. Upon consideration of the application and comments, if
the Commissioner is satisfied that all requirements of law have been met,
the Commissioner or his designee may take action to approve the applicant
to be a risk-assuming health benefit plan issuer.
TRD-200502939
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: July 19, 2005
Instant Game Number 580 "Junior Jumbo Bucks"
1.0 Name and Style of Game.
A. The name of Instant Game No. 580 is "JUNIOR JUMBO BUCKS". The play style
is "key number match with multiplier".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 580 shall be $1.00 per ticket.
1.2 Definitions in Instant Game No. 580.
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, JUMBO SYMBOL, $1.00, $2.00, $4.00, $5.00,
$10.00, $20.00, $40.00, $100 and $3,000.
D. Play Symbol Caption - the printed material appearing below each Play
Symbol which explains the Play Symbol. One caption appears under each Play
Symbol and is printed in caption font in black ink in positive. The Play Symbol
Caption which corresponds with and verifies each Play Symbol is as follows:
E. Retailer Validation Code - Three (3) letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. These three (3) small letters are for validation purposes
and cannot be used to play the game. The possible validation codes are:
Low-tier winning tickets use the required codes listed in Figure 2:16.
Non-winning tickets and high-tier tickets use a non-required combination of
the required codes listed in Figure 2:16 with the exception of ∅, which
will only appear on low-tier winners and will always have a slash through
it.
F. Serial Number - A unique 13 (thirteen) digit number appearing under
the latex scratch-off covering on the front of the ticket. There is a boxed
four (4) digit Security Number placed randomly within the Serial Number. The
remaining nine (9) digits of the Serial Number are the Validation Number.
The Serial Number is positioned beneath the bottom row of play data in the
scratched-off play area. The Serial Number is for validation purposes and
cannot be used to play the game. The format will be: 0000000000000.
G. Low-Tier Prize - A prize of $1.00, $2.00, $4.00, $5.00, $10.00 or $20.00.
H. Mid-Tier Prize - A prize of $40.00 or $100.
I. High-Tier Prize - A prize of $3,000.
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 (580), 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: 580-0000001-001.
L. Pack - A pack of "JUNIOR JUMBO BUCKS" Instant Game tickets contains
250 tickets, packed in plastic shrink-wrapping and fanfolded in pages of two
(2). Tickets 001 to 005 will be on the top page; tickets 006 and 010 on the
next page; etc.; and tickets 246 and 250 will be on the last page with backs
exposed. Ticket 001 will be folded over so the front of ticket 001 and 010
will be exposed.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning
ticket or a ticket that does not meet all of the requirements of these Game
Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and
applicable rules adopted by the Texas Lottery pursuant to the State Lottery
Act and referenced in 16 TAC, Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "JUNIOR
JUMBO BUCKS" Instant Game No. 580 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 "JUNIOR
JUMBO BUCKS" Instant Game is determined once the latex on the ticket is scratched
off to expose 11 (eleven) Play Symbols. If a player matches of any YOUR NUMBERS
play symbols to the SERIAL NUMBER play symbol, the player wins prize shown
for that number. If a player reveals a JUMBO play symbol, the player wins
5 (five) times the prize shown for that symbol. 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 11 (eleven) 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 11 (eleven)
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 11 (eleven) Play Symbols must be exactly one of those described
in Section 1.2.C of these Game Procedures.
17. Each of the 11 (eleven) Play Symbols on the ticket must be printed
in the Symbol font and must correspond precisely to the artwork on file at
the Texas Lottery; the ticket Serial Numbers must be printed in the Serial
font and must correspond precisely to the artwork on file at the Texas Lottery;
and the Pack-Ticket Number must be printed in the Pack-Ticket Number font
and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot
for spot.
B. No duplicate non-winning Your Numbers on a ticket.
C. No duplicate non-winning prize symbols on a ticket.
D. A non-winning prize symbol will never be the same as a winning prize
symbol.
E. No prize amount in a non-winning spot will correspond with the Your
Number play symbol (i.e. 5 and $5).
F. The "JUMBO" play symbol will only appear on intended winning tickets
as dictated by the prize structure.
2.3 Procedure for Claiming Prizes.
A. To claim a "JUNIOR JUMBO BUCKS" Instant Game prize of $1.00, $2.00,
$4.00, $5.00, $10.00, $20.00, $40.00 or $100, a claimant shall sign the back
of the ticket in the space designated on the ticket and present the winning
ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify
the claim and, if valid, and upon presentation of proper identification, make
payment of the amount due the claimant and physically void the ticket; provided
that the Texas Lottery Retailer may, but is not, in some cases, required to
pay a $40.00 or $100 ticket. In the event the Texas Lottery Retailer cannot
verify the claim, the Texas Lottery Retailer shall provide the claimant with
a claim form and instruct the claimant on how to file a claim with the Texas
Lottery. If the claim is validated by the Texas Lottery, a check shall be
forwarded to the claimant in the amount due. In the event the claim is not
validated, the claim shall be denied and the claimant shall be notified promptly.
A claimant may also claim any of the above prizes under the procedure described
in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "JUNIOR JUMBO BUCKS" Instant Game prize of $3,000, 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 "JUNIOR JUMBO BUCKS" Instant
Game prize, the claimant must sign the winning ticket, thoroughly complete
a claim form, and mail both to: Texas Lottery Commission, Post Office Box
16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with
the claimant. In the event that the claim is not validated by the Texas Lottery,
the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery
shall deduct a sufficient amount from the winnings of a person who has been
finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller,
the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected
by the Attorney General; or
3. delinquent in reimbursing the Texas 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 "JUNIOR JUMBO
BUCKS" Instant Game, the Texas Lottery shall deliver to an adult member of
the minor's family or the minor's guardian a check or warrant in the amount
of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of
more than $600 from the "JUNIOR JUMBO BUCKS" Instant Game, the Texas Lottery
shall deposit the amount of the prize in a custodial bank account, with an
adult member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game or within the applicable
time period for certain eligible military personnel as set forth in Texas
Government Code Section 466.408. Any prize not claimed within that period,
and in the manner specified in these Game Procedures and on the back of each
ticket, shall be forfeited.
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 15,120,000
tickets in the Instant Game No. 580. The approximate number and value of prizes
in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce
a closing date (end date) for the Instant Game No. 580 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. 580,
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-200502954
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: July 20, 2005
1.0 Name and Style of Game.
A. The name of Instant Game No. 590 is "WILD WINNINGS". The play style
for Game 1: is "match up with doubler". The play style for Game 2: is "match
up with doubler.". The play style Game 3: is: "key symbol match with bonus
box". The play style for Game 4: is "key symbol match with doubler".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 590 shall be $10.00 per ticket.
1.2 Definitions in Instant Game No. 590.
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: $5.00, $10.00, $20.00, $30.00,
$50.00, $100, $500, $1,000, $25,000, $250,000, 01, 02, 03, 04, 05, 06, 07,
08, 09, 10, 11, 12, W SYMBOL, HORSESHOE SYMBOL, POT OF GOLD SYMBOL, DIAMOND
SYMBOL, COIN SYMBOL, STACK OF BILLS SYMBOL, CHERRY SYMBOL, VAULT SYMBOL, GOLDBAR
SYMBOL, CLOVER SYMBOL, BELL SYMBOL, ANCHOR SYMBOL, STAR SYMBOL, CROWN SYMBOL,
SEVEN SYMBOL, LEMON SYMBOL, RAINBOW SYMBOL, PIGGYBANK SYMBOL, SPADE SYMBOL,
CLUB SYMBOL and MOON SYMBOL.
D. Play Symbol Caption - the printed material appearing below each Play
Symbol which explains the Play Symbol. One caption appears under each Play
Symbol and is printed in caption font in black ink in positive. The Play Symbol
Caption which corresponds with and verifies each Play Symbol is as follows:
E. Retailer Validation Code - Three (3) letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. These three (3) small letters are for validation purposes
and cannot be used to play the game. The possible validation codes are:
Low-tier winning tickets use the required codes listed in Figure 2:16.
Non-winning tickets and high-tier tickets use a non-required combination of
the required codes listed in Figure 2:16 with the exception of ∅, which
will only appear on low-tier winners and will always have a slash through
it.
F. Serial Number - A unique 13 (thirteen) digit number appearing under
the latex scratch-off covering on the front of the ticket. There is a boxed
four (4) digit Security Number placed randomly within the Serial Number. The
remaining nine (9) digits of the Serial Number are the Validation Number.
The Serial Number is positioned beneath the bottom row of play data in the
scratched-off play area. The Serial Number is for validation purposes and
cannot be used to play the game. The format will be: 0000000000000.
G. Low-Tier Prize - A prize of $10.00 or $20.00.
H. Mid-Tier Prize - A prize of $30.00, $50.00, $100 or $500.
I. High-Tier Prize - A prize of $1,000, $25,000 or $250,000.
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 (590), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 001 and end with 075 within
each pack. The format will be: 590-0000001-001.
L. Pack - A pack of "WILD WINNINGS" Instant Game tickets contains 75 tickets,
packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket
001 will be shown on the front of the pack; the back of ticket 075 will be
revealed on the back of the pack. All packs will be tightly shrink-wrapped.
There will be no breaks between the tickets in a pack. Every other book will
reverse i.e., reverse order will be: the back of ticket 001 will be shown
on the front of the pack and the front of ticket 075 will be shown on the
back of the pack.
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 "WILD
WINNINGS" Instant Game No. 590 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 "WILD WINNINGS"
Instant Game is determined once the latex on the ticket is scratched off to
expose 51 (fifty-one) Play Symbols. In Game 1: if a player reveals two identical
numbers in the same horizontal row the player wins prize shown for that row.
If a player reveals a wild symbol "W" play symbol the player wins double the
prize indicated. In the Game 2: if a player matches three identical amounts
the player wins that amount indicated. If a player matches two identical amounts
and reveals a wild symbol "W" play symbol the player wins double the amount
indicated. In Game 3: if a player matches any of YOUR PRIZE AMOUNTS play symbols
to any of the LUCKY PRIZE AMOUNTS play symbols the player wins amount indicated.
If a player reveals a wild symbol "W" play symbol in the bonus box the player
wins all ten YOUR PRIZE AMOUNTS shown. In Game 4: If a player matches any
of YOUR SYMBOLS play symbols to any of the WINNING SYMBOLS the player wins
prize shown below that symbol. If a player reveals a WILD symbol "W" play
symbol, the player wins double the prize shown below that symbol. 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 51 (fifty-one) 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 51 (fifty-one)
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 51 (fifty-one) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures.
17. Each of the 51 (fifty-one) 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 within a book will not have identical
patterns.
B. Game 1: This play area consists of six (6) play symbols and two (2)
prize symbols.
C. Game 1: Players can win up to two (2) times in this play area.
D. Game 1: The "W" symbol will only appear on winning tickets.
E. Game 2: This play area consists of six (6) prize symbols.
F. Game 2: Players can win once in this play area.
G. Game 2: No more than one (1) "W" Symbol on a ticket.
H. Game 2: No more than one pair of like prize symbols will appear on a
ticket containing a "W" Symbol.
I. Game 2: No more than two pairs of like prize symbols will appear on
a ticket, which does not contain a "W" Symbol.
J. Game 3: The play area consists of three (3) Lucky Prize Amounts, ten
(10) Your Prize Amounts, and one (1) Bonus symbol.
K. Game 3: Players can win up to ten (10) times in this play area.
L. Game 3: Non-winning tickets will never have a Your Prize Amount that
matches any of the Lucky Prize Amounts.
M. Game 3: On winning and non-winning tickets, the three (3) Lucky Prize
Amounts will be different.
N. Game 3: Non-winning tickets will never have three (3) or more identical
Your Prize Amounts.
O. Game 3: On winning tickets, all non-winning prize amounts to be different
from the winning prize amount.
P. Game 3: The "W" symbol will appear in the Bonus Box and win all 10 Your
Prize Amounts as per the prize structure.
Q. Game 4: The play area consists of three (3) Winning Symbols, ten (10)
Your Symbols and ten (10) Prize Amounts.
R. Game 4: Players can win up to ten (10) times in this play area.
S. Game 4: No duplicate non-winning Your Symbols on a ticket.
T. Game 4: All Winning Symbols will be unique.
U.. Game 4: Non-winning tickets will never have three (3) or more identical
prize symbols.
V. Game 4: Non-winning prize symbols will not match a winning prize symbol
on a ticket.
W. Game 4: The "W" symbol will be used to win as specified in the prize
structure.
X. Game 4: The "W" symbol will be never appear more than once on a ticket
in this play area.
Y. Game 4: The "W" symbol will only appear on winning tickets.
2.3 Procedure for Claiming Prizes.
A. To claim a "WILD WINNINGS" Instant Game prize of $10.00, $20.00, $30.00,
$50.00, $100 or $500, a claimant shall sign the back of the ticket in the
space designated on the ticket and present the winning ticket to any Texas
Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if
valid, and upon presentation of proper identification, make payment of the
amount due the claimant and physically void the ticket; provided that the
Texas Lottery Retailer may, but is not, in some cases, required to pay a $30.00,
$50.00, $100 or $500 ticket. In the event the Texas Lottery Retailer cannot
verify the claim, the Texas Lottery Retailer shall provide the claimant with
a claim form and instruct the claimant on how to file a claim with the Texas
Lottery. If the claim is validated by the Texas Lottery, a check shall be
forwarded to the claimant in the amount due. In the event the claim is not
validated, the claim shall be denied and the claimant shall be notified promptly.
A claimant may also claim any of the above prizes under the procedure described
in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "WILD WINNINGS" Instant Game prize of $1,000, $25,000 or
$250,000, 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 "WILD WINNINGS" 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 "WILD WINNINGS"
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 "WILD WINNINGS" 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 3,960,000
tickets in the Instant Game No. 590. The approximate number and value of prizes
in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce
a closing date (end date) for the Instant Game No. 590 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. 590,
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-200502955
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: July 20, 2005
Request for Proposals for Bond Counsel
The Texas Public Finance Authority (the "Authority") is requesting proposals
for bond counsel services. The deadline for proposal submission is 5:00 p.m.,
August 12, 2005.
The Authority's Board of Directors (the "Board") will make its selection
based upon demonstrated competence and qualifications. Firms responding to
the Request for Proposal must maintain a Texas office staffed with personnel
who are responsible for providing bond counsel services to the Authority.
By the Request for Proposal, however, the Board has not committed itself to
employ bond counsel nor does the suggested scope of service or term of agreement
therein require that the bond counsel be employed for any or all of those
purposes. The Board reserves the right to make those decisions after receipt
of proposals and the Board's decision on these matters is final. The Board
reserves the right to negotiate individual elements of the Firm's proposal
and to reject any and all proposals.
Copies of the Request for Proposal may be obtained from the Authority's
website at www.tpfa.state.tx.us or Paula Hatfield, Texas Public Finance Authority,
P.O. Box 12906, Austin, Texas 78711, (512) 463-5544.
TRD-200502897
Kimberly Edwards
Executive Director
Texas Public Finance Authority
Filed: July 15, 2005
Notice of Application for Amendment to Service Provider Certificate of Operating Authority
On July 14, 2005, nii communications, ltd. filed an application with the
Public Utility Commission of Texas (commission) to amend its service provider
certificate of operating authority (SPCOA) granted in SPCOA Certificate Number
60240. Applicant intends to reflect a change in ownership/control.
The Application: Application of nii communications, inc. for an Amendment
to its Service Provider Certificate of Operating Authority, Docket Number
31353.
Persons wishing to comment on the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
August 3, 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 31353.
TRD-200502895
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 15, 2005
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on July 13, 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 HBF Communications, Incorporated,
doing business as HBF Group, Incorporated, for a Service Provider Certificate
of Operating Authority, Docket Number 31352 before the Public Utility Commission
of Texas.
Applicant intends to provide database services to the public and privately
to telecommunications carriers as their agents.
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
August 3, 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 31352.
TRD-200502894
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 15, 2005
Notice is given to the public of an application filed by Valley Telephone
Cooperative, Incorporated with the Public Utility Commission of Texas (commission)
on June 30, 2005, to make a tariff rate change.
Docket Title and Number: Application of Valley Telephone Cooperative, Incorporated
(Valley Telephone) for Approval of a Minor Rate Change Pursuant to P.U.C.
Substantive Rule §26.171. Tariff Control Number 31306.
The Application: Valley Telephone has filed a statement of intent with
the Commission to increase the charge for Directory Assistance Service throughout
its service territory from $0 to $0.50 for all local or intraLATA Directory
Assistance calls after a monthly allowance of three free calls. This new rate
will apply to all Directory Assistance calls, whether direct-dialed, placed
via an operator, or billed to a credit card or telephone number other than
the originating number. This rate increase will apply to all customers who
utilize local or intraLATA Directory Assistance Service.
For a copy of the proposed tariffs or for further information regarding
this application, customers should contact Valley Telephone Cooperative, Inc.
at 480 South 6th Street, Raymondville, Texas 78580 or call (956) 689-2484
during regular business hours.
Customers have a right to petition the commission for a review of this
application. If the Commission receives a complaint relating to the proposed
change from either an affected intrastate access customer or a group of affected
intrastate access customers that, the preceding 12 months, the company billed
more than 10% of its total intrastate gross access revenues, the application
will be docketed. The deadline to comment or request to intervene in this
proceeding is September 12, 2005. Persons wishing to comment or intervene
should contact the Public Utility Commission of Texas, Customer Protection
Division, P.O. Box 13326, Austin, Texas 78711-3326 or call the commission
at (512) 936-7120 or in Texas (toll-free) at 1-888-782-8477. Hearing-and speech-impaired
individuals with text telephones (TTY) may contact the commission (toll-free)
at 1-800-735-2988.
TRD-200502875
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 14, 2005
Notice is given to the public of the filing on June 10, 2005, with the
Public Utility Commission of Texas (commission), a notice of intent to file
a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.214.
The Applicant will file the LRIC study on or around July 22, 2005.
Docket Title and Number: Sugar Land Telephone Company's Application for
Approval of LRIC Study to Implement a New Service, National and Reverse Directory
Assistance, Pursuant to P.U.C. Substantive Rule §26.214, Docket Number
31342.
Any party that demonstrates a justiciable interest may file with the administrative
law judge, written comments or recommendations concerning the LRIC study referencing
Docket Number 31342. Written comments or recommendations should be filed no
later than 45 days after the date of a sufficient study and should be filed
at the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin,
Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477.
Hearing and speech-impaired individuals with text telephones (TTY) may contact
the commission at (512) 936-7136 or toll free at 1-800-735-2989.
TRD-200502876
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 14, 2005
Notice is given to the public of the filing on July 18, 2005, with the
Public Utility Commission of Texas (commission), a notice of intent to file
a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.214.
The Applicant will file the LRIC study on or around July 28, 2005.
Docket Title and Number: CenturyTel of San Marcos, Inc.'s Application for
Approval of LRIC Study For a Promotion of Business Line Service Pursuant to
P.U.C. Substantive Rule §26.214, Docket Number 31372.
Any party that demonstrates a justiciable interest may file with the administrative
law judge, written comments or recommendations concerning the LRIC study referencing
Docket Number 31372. Written comments or recommendations should be filed no
later than forty-five (45) days after the date of a sufficient study and should
be filed at the Public Utility Commission of Texas, by mail at P.O. Box 13326,
Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477.
Hearing and speech-impaired individuals with text telephones (TTY) may contact
the commission at (512) 936-7136 or toll free 1-800-735-2989. All comments
should reference Docket Number 31372.
TRD-200502941
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 19, 2005
Notice is given to the public of the filing with the Public Utility Commission
of Texas of a petition on July 12, 2005, for waiver of denial by the North
American Numbering Plan Administration (NANPA) Pooling Administrator (PA)
of Valor Telecommunications of Texas, LP #1, doing business as Valor Telecom
(Valor), request for 100 consecutive number blocks in NXXs for the Trinity
Exchange and to request expedited action of the matter.
Docket Title and Number: Petition of Valor Telecommunications of Texas,
LP #1, doing business as Valor Telecom, for Waiver of NeuStar's Denial of
NXX Code Request and Request for Expedited Action. Docket Number 31344.
The Application: Valor submitted a petition to the Pooling Administrator
(PA) to provide it with 100 consecutive number blocks in NXXs for the Trinity
Exchange.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
August 3, 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 31344.
TRD-200502877
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 14, 2005
Request for Competing Proposals and Qualifications
Pursuant to the authority granted under Texas Transportation Code, Chapter
223, Subchapter E ("Enabling Legislation"), the Texas Department of Transportation
("TxDOT") may enter into a comprehensive development agreement with a private
entity for the design, development, construction, financing, maintenance,
or operation of toll projects on the state highway system. The Enabling Legislation
provides a process for TxDOT to accept and process unsolicited proposals for
such projects and prescribes requirements for an unsolicited proposal. If
a decision is made to further evaluate an unsolicited proposal, the Enabling
Legislation requires that TxDOT publish a request for competing proposals
and qualifications in the
Texas Register
.
Pursuant to the Enabling Legislation, the Texas Transportation Commission
("commission") has promulgated rules located at Title 43, Texas Administrative
Code, §§27.1 - 27.5 ("Rules"), governing the submission and processing
of unsolicited proposals and providing for publication of notice that TxDOT
is seeking competing proposals and qualifications for development of a toll
project with private involvement. The commission has received an unsolicited
proposal and made a determination to further evaluate the unsolicited proposal.
TxDOT received an unsolicited proposal on April 27, 2005 from Zachry American
Infrastructure ("Zachry American") and Cintra Concesiones de Infraestructuras
de Transporte ("Cintra") for development of a proposed toll project along
Loop 1604 from SH 151 to I-10 on the east side of the City of San Antonio,
and along US 281 from Loop 1604 north to approximately Borgfeld Road. The
proposed toll project is approximately 45 miles long, and is located along
the US 281 and Loop 1604 corridors in Bexar County. On June 30, 2005, in Minute
Order 110112, the commission authorized TxDOT to commence the unsolicited
proposal procurement process under the Enabling Legislation and the Rules.
Through this notice, TxDOT is seeking competing Proposals and Qualifications
Submittals ("PQS") in response to a Request for Competing Proposals and Qualifications
("RFPQ") for development of a proposed toll project along Loop 1604 from SH
151 to I-10 on the east side of the City of San Antonio, and along US 281
from Loop 1604 north to approximately Borgfeld Road, as well as other potential
facilities to the extent necessary for connectivity, mobility, safety, and
financing. TxDOT intends to evaluate the unsolicited proposal submitted by
Zachry American and Cintra and may request submission of a detailed proposal,
potentially leading to negotiation, award, and execution of a comprehensive
development agreement. TxDOT will accept for simultaneous consideration any
PQS received in accordance with the Enabling Legislation and the Rules by
the PQS due date of October 27, 2005. TxDOT anticipates issuing the RFPQ,
receiving and analyzing the PQSs, developing a shortlist of proposing entities
or consortia, and issuing a request for detailed proposals ("RFDP") to the
shortlisted entities. After review and a best value evaluation of the responses
to the RFDP, TxDOT may negotiate and enter into a comprehensive development
agreement for the project.
RFPQ Evaluation Criteria
. PQSs will be evaluated
by TxDOT for shortlisting purposes using the following general criteria: relative
strength and depth of entity qualifications, personnel qualifications, financial
qualifications and legal qualifications; relative strength, feasibility and
desirability of the proposed conceptual project development plan; and relative
strength, feasibility and desirability of the proposed conceptual project
financing plan. The specific criteria under the foregoing categories will
be identified in the RFPQ, as will the relative weighting of the criteria.
Release of RFPQ and Due Date
. TxDOT currently
anticipates that the RFPQ will be available on July 29, 2005. Copies of the
RFPQ will be available at TxDOT’s offices: Texas Department of Transportation,
Texas Turnpike Authority Division, 125 E. 11th Street, 5th Floor, Austin,
Texas 78701, or on the following website:
http://www.dot.state.tx.us.
PQSs will be due on October 27, 2005.
TRD-200502953
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: July 20, 2005
Notice of Request for Information (RFI) for Outside Legal Services Related to Intellectual Property Matters
The University of North Texas System (UNT System) requests information
from law firms interested in representing its component institution the University
of North Texas (UNT) in intellectual property matters. This RFI is issued
to establish (for the time frame beginning September 1, 2005 to August 31,
2006) a referral list from which the UNT System, by and through its Office
of Vice Chancellor and General Counsel, will select appropriate counsel for
representation on specific intellectual property matters as the need arises.
Description: The UNT System comprises one health institution and two academic
institutions located in three cities in Texas. Research activities and other
educational pursuits at UNT produce intellectual property that is carefully
evaluated for protection and licensing to commercial entities. Subject to
approval by the Office of the Attorney General (OAG) for the State of Texas,
UNT will engage outside counsel to prepare, file, prosecute, and maintain
patent applications in the United States and other countries; secure copyright
protection for computer software; prepare, file and prosecute applications
to register trademarks and service marks in the United States and other countries;
advise and/or prepare material transfer agreements, license agreements and
other related agreements; and advise on complex matters relating to intellectual
property and technology transfer. UNT also will engage outside counsel from
time to time to pursue litigation against infringers of these intellectual
property rights and to handle other related matters. The UNT System invites
responses to this RFI from qualified firms for the provision of such legal
services under the direction and supervision of UNT System’s Office
of Vice Chancellor and General Counsel.
Responses; Qualifications: Responses to this RFI should include at least
the following information: (1) a description of the firm's or attorney's qualifications
for performing the legal services requested, including the firm's prior experience
in intellectual property-related matters, and appropriate information regarding
efforts made by the firm to encourage and develop the participation of minorities
and women in the provision both of the firm's legal services generally and
intellectual property matters in particular; (2) the names, experience, and
scientific or technical expertise of the attorneys and patent agents who may
be assigned to work on such matters; (3) the submission of fee information
(either in the form of hourly rates for each attorney and patent agent who
may be assigned to perform services in relation to UNT’s intellectual
property matters, flat fees, or other fee arrangements directly related to
the achievement of specific goals and cost controls) and billable expenses;
(4) disclosures of conflicts of interest (identifying each and every matter
in which the firm has, within the past calendar year, represented any entity
or individual with an interest adverse to the UNT System, UNT, or to the State
of Texas, or any of its boards, agencies, commissions, universities, or elected
or appointed officials); and (5) confirmation of willingness to comply with
policies, directives and guidelines of the UNT System, UNT and the OAG for
the State of Texas.
The law firm(s) or attorney(s) will be selected based on demonstrated knowledge
and experience, quality of staff assigned to perform services under the contract,
compatibility with the goals and objectives of UNT, and reasonableness of
proposed fees. The successful firm(s) or attorney(s) will be required to sign
the Texas OAG’s Outside Counsel Agreement, and execution of a contract
with UNT is subject to approval by the Texas OAG. UNT reserves the right to
accept or reject any or all responses submitted. UNT is not responsible for
and will not reimburse any costs incurred in developing and submitting a response.
Format and Person to Contact: Two copies of the response are requested.
The response should be typed, preferably double spaced, on 8 1/2 x 11 inch
paper with all pages sequentially numbered, and either stapled or bound together.
They should be sent by mail, facsimile, or electronic mail, or delivered in
person, marked "Response to Request for Information," and addressed to Nancy
Footer, JD, Vice Chancellor & General Counsel, University of North Texas
System, P.O. Box 310907, Denton, TX 76203-0907; or email nfooter@unt.edu or
fax to (940) 369-7026.
Deadline for Submission of Response: All responses must be received at
the address set forth above no later than 5:00 p.m., August 15, 2005. Questions
regarding this request may be directed to Nancy Footer at (940) 565-2717.
TRD-200502944
Sandra Shelton
Director of Purchasing and Payment Services
University of North Texas
Filed: July 20, 2005
The University of North Texas System (UNT System) requests information
from law firms interested in representing the agency and its component institutions
in real estate, oil and gas, and mineral interest matters. This RFI is issued
to establish (for the time frame beginning September 1, 2005 to August 31,
2006) a referral list from which the UNT System, by and through its Office
of Vice Chancellor and General Counsel, will select appropriate counsel for
representation on specific real estate, oil and gas, and/or mineral interest
matters as the need arises.
Description: The UNT System is comprised of one health institution, the
University of North Texas Health Science Center at Fort Worth, and two academic
institutions, the University of North Texas and the University of North Texas
System Center at Dallas, which are located in three different cities in Texas.
Subject to approval by the Office of the Attorney General (OAG) for the State
of Texas, the UNT System will engage outside counsel to provide advice and
counsel in regard to a broad range of real estate matters involving the Agency
and the Agency's component institutions, which shall include but not be limited
to addressing issues related to transactions involving real estate, oil and
gas, and mineral interests. Counsel will evaluate proposals, review surveys,
examine title and title commitments, assist in curing title exceptions and/or
defects, draft, review and negotiate contracts and lease agreements, and provide
such other guidance and expertise as may be necessary to protect and develop
the Agency’s varied real estate interests, oil and gas interests, and/or
mineral interests in certain properties. Counsel may further be called upon
to assist in the acquisition of real estate property and/or mineral interests
in certain properties. The UNT System invites responses to this RFI from qualified
firms for the provision of such legal services under the direction and supervision
of UNT System’s Office of Vice Chancellor and General Counsel.
Responses; Qualifications: Responses to this RFI should include at least
the following information: (1) a description of the firm's or attorney's qualifications
for performing the legal services requested, including the firm's prior experience
in real estate, oil and gas and mineral interest -related matters, and appropriate
information regarding efforts made by the firm to encourage and develop the
participation of minorities and women in the provision both of the firm's
legal services generally and real estate, oil and gas, and mineral interest
matters in particular; (2) the names and experience of the attorneys who may
be assigned to work on such matters; (3) the submission of fee information
(either in the form of hourly rates for each attorney and paralegal who may
be assigned to perform services in relation to real estate, oil and gas and
mineral interest matters, flat fees, or other fee arrangements directly related
to the achievement of specific goals and cost controls) and billable expenses;
(4) disclosures of conflicts of interest (identifying each and every matter
in which the firm has, within the past calendar year, represented any entity
or individual with an interest adverse to the UNT System, a component institution
of the UNT System, or to the State of Texas, or any of its boards, agencies,
commissions, universities, or elected or appointed officials); and (5) confirmation
of willingness to comply with policies, directives and guidelines of the UNT
System, the component institutions of the UNT System and the OAG for the State
of Texas.
The law firm(s) or attorney(s) will be selected based on demonstrated knowledge
and experience, quality of staff assigned to perform services under the contract,
compatibility with the goals and objectives of the UNT System, and reasonableness
of proposed fees. The successful firm(s) or attorney(s) will be required to
sign the Texas OAG’s Outside Counsel Agreement, and execution of a contract
with the UNT System is subject to approval by the Texas OAG. The UNT System
reserves the right to accept or reject any or all responses submitted. The
UNT System is not responsible for and will not reimburse any costs incurred
in developing and submitting a response.
Format and Person to Contact: Two copies of the response are requested.
The response should be typed, preferably double spaced, on 8 1/2 x 11 inch
paper with all pages sequentially numbered, and either stapled or bound together.
They should be sent by mail, facsimile, or electronic mail, or delivered in
person, marked "Response to Request for Information," and addressed to Nancy
Footer, JD, Vice Chancellor & General Counsel, University of North Texas
System, P.O. Box 310907, Denton, TX 76203-0907; or email nfooter@unt.edu or
fax to (940) 369-7026.
Deadline for Submission of Response: All responses must be received at
the address set forth above no later than 5:00 p.m., August 15, 2005. Questions
regarding this request may be directed to Nancy Footer at (940) 565-2717.
TRD-200502943
Sandra Shelton
Director of Purchasing and Payment Services
University of North Texas
Filed: July 20, 2005
Description of Activities Consultant Will Conduct:
To assist the University of North Texas Office of Research Services in
developing and maximizing its facilities and administrative rate proposal
submission to the Dallas Office of the Department of Health and Human Services,
Division of Cost Allocation.
Name and Business Address of Consultant:
Maximus, Inc.
60 Revere Drive, Suite 200
Northbrook, Illinois 60062
Total Value and Beginning and Ending Dates of Contract:
Value: $150,000.00
Beginning Date: June 22, 2005
Ending Date: Continues until the final negotiate Department of Health and
Human Services Facilities and Administrative Rate Agreement
Dates on Which Documents, Films, Recordings, or
Reports that Consultant is required to present are due:
Date: Various dates--within three weeks of a request from the University.
TRD-200502869
Sandy Shelton
Contract Administration Manager
University of North Texas
Filed: July 13, 2005
Coastal Coordination Council
Office of Consumer Credit Commissioner
Credit Union Department
Application to Amend Articles of Incorporation
Applications to Expand Field of Membership
Notice of Final Action Taken
Public Hearing Notice
Texas Commission on Environmental Quality
Notice of District Petition
Notice of Water Quality Applications
Proposal for Decision
Proposal for Decision
Proposal for Decision
Proposed Enforcement Orders
Department of State Health Services
Notice of Availability of Texas Community Mental Health Services State Plan (Federal Community Mental Health Block Grant)
Texas Higher Education Coordinating Board
Request for Qualifications: Bond and Program Counsel
Texas Department of Insurance
Notice of Application by a Small Employer Carrier to be a Risk-Assuming Carrier
Notice of Application by a Small Employer Health Benefit Plan Issuer to be a Risk-Assuming Health Benefit Plan Issuer
Texas Lottery Commission
Instant Game Number 590 "Wild Winnings"
Texas Public Finance Authority
Public Utility Commission of Texas
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Filing Made for Approval of a Tariff Rate Change Pursuant to P.U.C. Substantive Rule §26.171
Notice of Intent to File LRIC Study Pursuant to P.U.C. Substantive Rule §26.214
Notice of Intent to File LRIC Study Pursuant to P.U.C. Substantive Rule §26.214
Notice of Petition for Waiver of Denial of Request for NXX Code
Texas Department of Transportation
University of North Texas
Notice of Request for Information (RFI) for Outside Legal Services Related to Real Estate, Oil and Gas, and Mineral Interest Matters
Public Notice--Award of a Major Consulting Contract