The Office of the Attorney General (OAG), Crime Victim Services Division (CVSD) is accepting applications from sexual assault victim services programs under the Sexual Assault Prevention and Crisis Services (SAPCS) Program. The contract term will be September 1, 2005 through August 31, 2006.

Eligible applicants include (1) Local units of government, excluding law enforcement and prosecutors' offices; (2) non-profit agencies with 26 USC sec. 501(c)(3) status; and (3) state agencies (including universities). All organizations applying for this grant must also offer and maintain basic services for at least nine months prior to receiving a SAPCS contract, pursuant to Chapter 420, Texas Government Code. These basic services are listed in the application kit.

Eligible purpose areas include the following: (1) direct and support services to survivors of sexual assault and their families; (2) education and training about the nature, scope, and prevention of sexual assault to the public, professionals, students and volunteers; (3) activities and services to prevent sexual assault; or (4) other support for services to survivors and their families as determined by the OAG.

Cash and/or in-kind match may be required for all applicants. Additional information is available in the grant application kit.

The minimum amount an applicant may apply for is $20,000 for the contract term.

Rules for the Sexual Assault Prevention and Crisis Services (SAPCS) Program can be found in Title 1 Texas Administrative Code, Part 3, Chapter 62 (Posted for Review and Comment). Availability of funds is subject to and based upon legislative appropriation.

To obtain a grant application kit or for more information please go to the agency website at www.oag.state.tx.us or contact Carrie Cothran-Williams at carrie.cothran-williams@oag.state.tx.us or (512) 936-1661.

For information regarding this publication, contact A.G. Younger, Agency Liaison, at (512) 463-2110.

TRD-200502167

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: May 27, 2005

Crime Victim Services Division - Victim Coordinator and Liaison Grants Program Funding Notice

The Office of the Attorney General (OAG), Crime Victim Services Division (CVSD) is accepting applications for crime victim related programs under the Victim Coordinator and Liaison Grant (VCLG) Program. The grant term will be September 1, 2005 through August 31, 2006.

Complete grant applications (which includes all required attachments) must be received by the OAG, CVSD via e-mail and hard copy no later than 5:00p.m. on July 8, 2005. One original complete grant application and three (3) complete hard copies must be mailed and one (1) copy must be e-mailed. A hard copy alone or an electronic copy alone will not be accepted as a complete application. Attachments or documents that have to be signed do not have to be e-mailed.

Eligible applicants include local prosecutorial and law enforcement agencies that are local units of government.

Eligible projects include the following: (1) Crime Victim Coordinator for a local prosecution agency; or (2) Crime Victim Liaison for a local law enforcement agency.

Cash and/or in-kind match may be required for all applicants. Additional information is available in the grant application kit.

The minimum amount an applicant may apply for is $20,000 for the grant term.

Rules for the Victim Coordinator and Liaison Grant Program can be found in Title 1 Texas Administrative Code, Part 3, Chapter 60 (Posted for Review and Comment). Availability of funds is subject to and based upon legislative appropriation.

To obtain a grant application kit or for more information please go to the agency website at www.oag.state.tx.us or contact Reedy Spigner at reedy.spigner@oag.state.tx.us or (512) 936-1653.

For information regarding this publication, contact A.G. Younger, Agency Liaison, at (512) 463-2110.

TRD-200502166

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: May 27, 2005

Texas Building and Procurement Commission

Request for Proposals

The Texas Building and Procurement Commission (TBPC), on behalf of the Texas Department of Licensing and Regulation (TDLR), announces the issuance of Request for Proposals (RFP) #303-5-11136 . TBPC seeks a three year lease of approximately 100 parking spaces in Austin, Travis County, Texas.

The deadline for questions is June 17, 2005 and the deadline for proposals is June 21, 2005 at 3:00 P.M. The award date is July 1, 2005. TBPC reserves the right to accept or reject any or all proposals submitted. TBPC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits TBPC to pay for any costs incurred prior to the award of a grant.

Parties interested in submitting a proposal may obtain information by contacting TBPC Purchaser Kenneth Ming at (512) 463-2743. A copy of the revised RFP may be downloaded from the Electronic State Business Daily at http://esbd.tbpc.state.tx.us/1380/bid_show.cfm?bidid=59201.

TRD-200502151

Kenneth Ming

Purchaser

Texas Building and Procurement Commission

Filed: May 27, 2005

Coastal Coordination Council

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

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of May 20, 2005, through May 26, 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 June 1, 2005. The public comment period for these projects will close at 5:00 p.m. on July 1, 2005.

FEDERAL AGENCY ACTIONS:

Applicant: Oiltanking Beaumont ; Location: The project is located on the Neches River, at the Oiltanking Beaumont Facility, approximately on half mile south of Beaumont, Jefferson County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Beaumont East, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 399919; Northing: 3322156. Project Description: The applicant proposes to construct a new 40-foot by 30-foot barge dock. Approximately 100,000 cubic yards of material will be excavated to -15 feet mean low tide and placed in USACE Placement Area #24. Additionally, a new loading platform and nine barge breasting dolphins will be installed. The project will impact approximately 3.5 acres of herbaceous wetlands. The applicant proposes to compensate for wetland impacts by purchasing credits from the Neches River Cypress Swamp Mitigation Bank at a ratio of 3:1. CCC Project No.: 05-0269-F1; Type of Application: U.S.A.C.E. permit application #21826(04) is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).

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-200502200

Larry L. Laine

Chief Clerk, Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: June 1, 2005

Texas Board of Professional Engineers

Policy Advisory Opinion Regarding Building Design

The Texas Board of Professional Engineers (Board) is given authority to issue advisory opinions under Subchapter M, Chapter 1001 of the Occupations Code (Texas Engineering Practice Act). The Board is required to issue an advisory opinion about interpretations of the Texas Engineering Practice Act in regard to a specific existing or hypothetical factual situation if requested by a person and to respond to that request within 180 days.

Pursuant to that requirement, the Board hereby presents the following Draft Policy Advisory Opinion regarding Building Design. The Board, upon a written request to issue a policy advisory regarding the engineering aspects of building design, has developed a stakeholder process to gather information from professional engineers, and consultants and other interested parties. The following policy advisory, "Policy Advisory Opinion Regarding Building Design," was written using stakeholder comments and is being posted here for public comment. The Board has not ratified the policy advisory opinion as yet. Comments received during the posting period will be considered for inclusion in the final version of the policy advisory that will be presented to the Board for ratification during a regularly scheduled meeting of the Board. Comments should be directed to:

Texas Board of Professional Engineers

1917 IH 35 South

Austin, Texas 78741

Attention: Policy Advisory Staff

Or by e-mail to: peboard@tbpe.state.tx.us

Executive Summary: The Texas Board of Professional Engineers (Board) has been asked to determine if the practice of engineering includes comprehensive and complete design of buildings by a competent engineer without the services of an architect. The Board has determined pursuant to the Advisory Opinion process outlined in Texas Administrative Code, Title 22, Part 6, Chapter 131, Subchapter M, based on present statute and rules, in addition to Attorney General opinion DM-161, that the design of buildings is an element of engineering. The Board believes that the statute allows an engineer to perform building design with or without the involvement of an architect. The Board does, however, recognize that architects have broad authority to manage and oversee building projects, which may include building design. Nothing in this opinion is intended to limit architects ability under their statutory authorization. However, building design is also considered engineering and therefore may be performed exclusively by a licensed professional engineer competent in this field.

Discussion: The statute under Texas Occupations Code - Title 6, Subtitle A, Chapter 1001 (§1001.003) also known as the Texas Engineering Practice Act (Act) specifies that design is the practice of engineering and that a building is listed in conjunction with design under this section of the law. This opinion is based on the information contained in the Act as it relates to engineers, while not prohibiting building design by architects who are bound by the laws and rules of the Texas Board of Architectural Examiners (TBAE). First, the statute identifies what is engineering and an excerpt from the beginning of the law, in section §1001.003 explains, in part: (bold added for emphasis)

Section 1001.003 Practice of Engineering

(10) a service, design, analysis, or other work performed for a public or private entity in connection with a utility, structure, building, machine, equipment, process, system, work, project, or industrial or consumer product or equipment of a mechanical, electrical, electronic, chemical, hydraulic, pneumatic, geotechnical, or thermal nature;

Since the design of buildings has been identified as engineering, the buildings can be grouped into public works and private works, which are mentioned in various sections of the Act. This separation allows for further clarification of applicable law as it relates to these two categories. Engineering aspects of a public works project must be designed and constructed under the supervision of a licensed professional engineer, unless exempted under the Act.

When is building design exempted under the Act?

Under the Act there are several sections that provide exemptions from the license requirements when working on building projects. Specifically, §1001.053 contains some specific exemptions from the Act for public works projects, depending on the type of project and monetary value. There is also a section of the Act in §1001.056 that describes building projects for the private sector and defines when an engineer is not required to be involved with the building project.

Legislative Intent

Under §1001.004(b) of the Act, there is a description of the legislative purpose and intent as follows:

(b) The purpose of this chapter is to:

(1) protect the public health, safety, and welfare;

(2) enable the state and the public to identify persons authorized to practice engineering in this state; and

(3) fix responsibility for work done or services or acts performed in the practice of engineering.

In addition to specifying the purpose and intent of the statute, there are sections that also allow other individuals to perform their jobs without being in violation of the Act. In other words, architects may design buildings without creating a situation where there would necessarily be a violation of the Act, however they would still be bound by the laws and rules of the TBAE, unless exempted. §1001.004(e) of the Act addresses this issue:

(e) This chapter does not:

(1) affect or prevent the practice of any other legally recognized profession by a member of the profession who is licensed by the state or under the state's authority.

Legal Interpretation

The Board has the authority to issue an advisory opinion as stated in §1001.601 but, under §1001.603, it does not affect the authority of the attorney general to issue an opinion as authorized by law. There exists an Attorney General opinion relating to architecture that was requested by the Executive Director of TBAE. In Opinion DM-161 dated August 27, 1992, Attorney General Dan Morales indicated that the professions of architects and engineers overlap. In that opinion, there is reference to the fact that the Board of Architectural Examiners prepared a report to assist in sunset review and recognized that licensed engineers were authorized to prepare building designs under the engineer's licensing statute. In summary, General Morales denotes that the statute regulating the practice of architecture, does not bar a licensed professional engineer from preparing plans and specifications for a building. In other words, the professional engineer is not prohibited from being the design professional in construction or modification of buildings, as long as the engineer has achieved competence in the field in which he practices.

TRD-200502193

Dale Beebe Farrow, P.E.

Executive Director

Texas Board of Professional Engineers

Filed: June 1, 2005

Policy Advisory Opinion Regarding Construction Materials Engineering

The Texas Board of Professional Engineers is given authority to issue Advisory Opinions under Subchapter M, Chapter 1001 of the Occupations Code (Texas Engineering Practice Act). The Board is required to issue an advisory opinion about interpretations of the Texas Engineering Practice Act in regard to a specific existing or hypothetical factual situation if requested by a person and to respond to that request within 180 days. Pursuant to that requirement, the Board hereby presents the following final Policy Advisory Opinion regarding Construction Materials Engineering. The Board, upon a written request to issue a Policy Advisory regarding the engineering aspects of transportation planning, has developed a stakeholder process to gather information from professional engineers, architects and consultants. The following Policy Advisory, "Policy Advisory Regarding Construction Materials Engineering", was accepted by the Texas Board of Professional Engineers on May 19, 2005 in a public meeting.

Executive Summary: The assessment of a construction material for quality, appropriateness and acceptability is considered by the Board to be an engineering activity. These Construction Materials Engineering (CME) activities must be performed by licensed professional engineers. Construction materials testing (CMT), within the context of CME includes collecting samples, performing well-defined test procedures, and reporting of data. In certain situations, performing tests and construction materials sampling using well-defined engineering specifications may not be considered engineering activities.

Discussion: On construction projects, engineers are called upon to assess the quality, appropriateness and acceptability of the materials that are used. These assessments are known collectively as CME. The CME includes the determination of the scope and procedures of testing for the project, the supervision of testing, and the analysis of test results for construction material acceptance purposes or for use in engineering recommendations. Although we most commonly associate CME with the analysis of concrete and soil, CME is conducted on any material used in construction including but not limited to timber, asphaltic concrete, steel, selected fill materials, recycled materials, aggregates, epoxies, and polymers.

Because it is engineering, CME must be personally performed by a licensed engineer or be directly supervised by a licensed engineer, and can only be offered to the public in full conformance with the Texas Engineering Practice Act (Act). Any CME activities that are contracted by a political subdivision of the State of Texas or an agency of the state, or on the political subdivision or agency's behalf, must be acquired in conformance with the Professional Services Procurement Act, Article 2254.004 of the Texas Government Code.

The CMT, within the context of CME includes collecting samples, performing well-defined test procedures, and reporting of data. In certain situations, performing tests and sampling by using well-defined engineering specifications may not be considered engineering activities. However, if analysis of test data is done or a determination is made that a material is acceptable, these activities would be considered to be CME and require a licensed professional engineer. Because the engineer is responsible for accepting the public works project, acceptance or rejection of materials or work, the direct supervision by an engineer of CMT for those acceptance decisions is needed.

Public Works: When constructing public works, the state or political subdivision of the state must ensure that the engineering construction is performed under the direct supervision of a licensed engineer (Sec. 1001.407, Occupations Code). This supervision must include the direct supervision of materials testing and engineering necessary and appropriate for verification of compliance with construction plans and acceptance of the project by the public owner.

A licensed professional engineer must directly supervise any element of acceptance testing, from data collection to final determination. When engineers are hired for these services, they must be retained under the Professional Services Procurement Act (PSPA).

The CMT services unrelated to acceptance testing might be acquired using other purchasing procedures provided the CMT services do not include any CME function. For public entities with staff engineers who make acceptance decisions, the engineers must be in a position to determine if the testing and inspection services are properly performed at a frequency that provides confidence that the materials and work meet (or reasonably conform in some cases) the contract requirements or standards of practice. This requires reviewing qualifications, monitoring inspection and testing services and review of test and inspection data.

The validity of an engineering judgment in the construction materials area is integrally tied to the validity of test data, which is in turn directly related to training of technical staff, performance of testing equipment, and other elements associated with an accredited engineering laboratory. Therefore, by the standard established by Sec. 1001.407, Occupations Code, CMT conducted for the purpose of verification and acceptance of a facility is considered a CME function.

The Board recognizes as a specific exception for CMT conducted under a federally approved quality assurance program (QA) specifically governing the Texas Department of Transportation, provided that alternate methods of ensuring appropriate engineering direct supervision are in place. In addition, CMT services used for a contractor's internal quality control purposes only and are not used by the owner for verification and/or acceptance purposes may not be considered engineering.

Frequently Asked Questions:

1. Can a public entity solicit bids and use a price in the selection screening process for CME services?

No. Under the PSPA, public entities must select CME engineers based on qualifications and demonstrated competence - not price. In fact, engineers cannot provide pricing information in the initial stages of selection without facing possible Board sanctions. However, once the most qualified CME provider is chosen, the public entity may negotiate a fair price for the work. If a price cannot be reached, the public entity may repeat the negotiations with the next most highly qualified provider of services until a contract is reached.

2. Can a public entity solicit bids and use a price in the selection screening process for CMT services?

Yes, but only if the CMT services meet two critical conditions:

The provider's services must be clearly limited to collection of samples and performing tests defined by a professional engineer in the project specifications, and;

The public entity's engineer who is competent in CME must also directly supervise any CMT that is to be used for acceptance purposes.

The scope of services on a CMT activity is very narrow. For example, they cannot include engineering supervision services, provision of sealed reports, review and sealing of reports produced by others, or evaluation of test data. Some standard testing cannot be considered CMT because of its engineering components or if there are requirements for an engineer in the test procedure. The following elements are considered engineering and would be subject to the PSPA:

Evaluation of CMT results for an acceptance or rejection decision is engineering.

The testing services are CME when the owner does not provide an engineer for direct supervision of the construction phase.

The testing services are CME when the provider submits the results of their work to the construction contractor for acceptance or rejection.

To ensure proper documentation, the Board recommends that the engineer responsible for receiving CMT results and making acceptance and rejection decisions be identified in project documentation.

3. Many public owners ask construction contractors to provide CME services. The results of the tests are submitted to the public owner. If the contractor elects to provide these services, what rules must be followed?

The contractor must follow the PSPA when acquiring CME under these circumstances. One of the reasons materials testing and engineering are conducted on public projects is to meet the requirements of Section 1001.407, Occupations Code. This section requires the public owner to ensure that a licensed engineer is directly supervising the engineering construction - including supervision of the acceptance testing. Engineers who are asked to provide CME services for acceptance purposes may not provide prices to the contractor, since the contractor is essentially authorized to fulfill legal requirements as an extension of the owner.

4. What rules must the contractor follow when acquiring CMT services that are strictly for contractor quality control and not for acceptance testing?

This contracting arrangement is most common when tests are being performed in support of contractor quality control in Quality Assurance/Quality Control (QA/QC) contracts. The contractor may utilize price in the initial step of the selection process, and an engineer may provide prices provided there are no engineering services required.

5. Can a private owner use price in the selection process for providers of CMT or CME services?

Yes. There are no restrictions on the use of price, but the Board strongly urges all consumers of engineering services to use demonstrated qualifications and experience to select the service providers.

6. Can a non-engineer provide CME services on a private project?

No. CME is an engineering service and can only be provided by a licensed professional engineer who is a full-time employee of the company offering the services.

TRD-200502195

Dale Beebe Farrow, P.E.

Executive Director

Texas Board of Professional Engineers

Filed: June 1, 2005

Policy Advisory Opinion Regarding Transportation Planning

The Texas Board of Professional Engineers is given authority to issue Advisory Opinions under Subchapter M, Chapter 1001 of the Occupations Code (Texas Engineering Practice Act). The Board is required to issue an advisory opinion about interpretations of the Texas Engineering Practice Act in regard to a specific existing or hypothetical factual situation if requested by a person and to respond to that request within 180 days. Pursuant to that requirement, the Board hereby presents the following final Policy Advisory Opinion regarding Transportation Planning. The Board, upon a written request to issue a Policy Advisory regarding the engineering aspects of transportation planning, has developed a stakeholder process to gather information from professional engineers, architects and consultants. The following Policy Advisory, "Policy Advisory Regarding Transportation Planning", was accepted by the Texas Board of Professional Engineers on May 19, 2005 in a public meeting.

Executive Summary: Transportation planning involves the use of many types of preliminary data collection studies such as constraint mapping, ridership studies, traffic counts, non-engineering environmental impact studies and public opinion polls. These types of activities are not considered engineering. However, when the collected data is analyzed and resultant specific recommendations are made based on the interpretation of that engineering data, these activities are required to be performed by professional engineers, subject to the exemptions of the Texas Engineering Practice Act (Act).

Discussion: Sections 1001.003(c)(1), (2) and (3) of the Act state that the practice of engineering includes:

"consultation, investigation, evaluation, analysis, planning, engineering for program management, providing an expert engineering opinion or testimony, engineering for testing or evaluating materials for construction or other engineering use, and mapping;."

"design, conceptual design, or conceptual design coordination of engineering works or systems."

"development or optimization of plans and specifications for engineering works or systems."

The Texas Board of Professional Engineers (Board) has determined that transportation planning activities that require detailed cost estimates, engineering designs or comparisons, and other activities that require the application of engineering principles and the interpretation of engineering data, are the practice of engineering and must be designed and/or supervised by a licensed engineer for public works (subject to Section 1001.053 and 1001.407 of the Act) and any designs performed by a licensed engineer for private works (not subject to the Exemptions of Subchapter B of the Act). The Board recognizes that early studies conducted by federally mandated planning agencies using generic population and other broad parameters for the purpose of funding allocation are not engineering studies and are usually performed by non-engineering professionals.

Tasks associated with transportation planning that the Board considers to be tasks that must be performed by or conducted under the supervision of a licensed professional engineer include but are not limited to:

Facility planning, recommendations, location and design.

Alignment and design comparisons and related interpretation of engineering data.

Feasibility studies and modeling of transportation infrastructure options.

Recommendations and specifications regarding engineered traffic control options and technologies.

Design and construction monitoring of roadways, railroads and related transportation structures and systems.

Siting and right-of-way specification of engineered transportation management measures.

Detailed cost estimates.

Texas licensed engineers are required to prepare the specifications, cost estimates, designs and perform engineering construction supervision of public works projects not exempted by the Act. Licensed professional engineers are required to perform the design of the listed activities for private works not exempted by the Act.

TRD-200502194

Dale Beebe Farrow, P.E.

Executive Director

Texas Board of Professional Engineers

Filed: June 1, 2005

Texas Commission on Environmental Quality

Enforcement Orders

An agreed order was entered regarding A. Schulman, Inc., Docket No. 2003-0156-IWD-E on May 25, 2005, assessing $21,723 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Gitanjali Yadav, Staff Attorney at (512) 239-2029, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-200502137

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: May 26, 2005

Proposal for Decision

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on May 25, 2005, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Steve Silva dba Steve's Auto Works and Sales; SOAH Docket No. 582-05-4162 TCEQ Docket No. 2003-1529- AIR-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Steve Silva dba Steve's Auto Works and Sales 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-200502138

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: May 26, 2005

Proposal for Decision

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on May 26, 2005, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Fuel Brokers, Inc; SOAH Docket No. 582-05-3401; TCEQ Docket No. 2004-0171-IHW-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Fuel Brokers, Inc 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-200502139

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: May 26, 2005

Office of the Governor

Request for Grant Applications (RFA) for the Juvenile Accountability Block Grant (JABG) Program

The Governor’s Criminal Justice Division (CJD) is soliciting regional applications for projects that promote greater accountability in the juvenile justice system for the federal fiscal year 2006 grant cycle.

Purpose: The purpose of the JABG Program is to reduce juvenile offending through accountability-based programs focused on the juvenile offender and the juvenile justice system.

Available Funding: Federal funds are authorized under the Omnibus Crime Control and Safe Streets Act of 2002, Public Law 107-273, 42 U.S.C. 3796ee et seq., as amended. All grants awarded from this fund must comply with the requirements contained therein.

Required Match: Grantees must provide matching funds of at least ten percent (10%) of total project expenditures. This requirement must be met through cash contributions.

Standards: Grantees must comply with the standards applicable to this funding source contained in the Texas Administrative Code , Title 1, Part 1, Chapter 3, and all statutes, regulations, and guidelines applicable to this funding. In addition grantees must comply with the federal regulations contained in 28 C.F.R. §95.

Prohibitions: Grant funds may not be used to support the following services, activities, and costs:

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

(2) construction costs;

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

(4) fundraising;

(5) legal services for adult offenders;

(6) lobbying;

(7) medical services;

(8) membership dues for individuals;

(9) overtime pay;

(10) promotional gifts;

(11) proselytizing or sectarian worship;

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

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

(14) weapons, ammunition, explosives or military vehicles;

(15) any expense or service that is readily available at no cost to the grant project or that is provided by other federal, state or local funds (supplanting); and

(16) any portion of the salary of, or any other compensation for an elected or appointed government official, except in the case of a juvenile court or drug court.

Eligible Applicants: Councils of Governments.

Requirements:

(1) Applicants will address one or more of the following JABG Purpose Areas:

(a) Purpose Area 1: Developing, implementing and administering graduated sanctions for juvenile offenders.

(b) Purpose Area 2: Building, expanding, renovating, or operating temporary or permanent juvenile corrections, or detention facilities, including the training of personnel.

(c) Purpose Area 3: Hiring juvenile court judges, probation officers, and court-appointed defenders and special advocates, and funding pretrial services (including mental health screening and assessment) for juvenile offenders, to promote the effective and expeditious administration of the juvenile justice system.

(d) Purpose Area 4: Hiring additional prosecutors so that more cases involving violent juvenile offenders can be prosecuted and backlogs reduced.

(e) Purpose Area 5: Providing funding to enable prosecutors to address drug, gang, and youth violence problems more effectively and for technology, equipment, and training to assist prosecutors in identifying and expediting the prosecution of violent juvenile offenders.

(f) Purpose Area 6: Establishing and maintaining training programs for law enforcement and other court personnel with respect to preventing and controlling juvenile crime.

(g) Purpose Area 7: Establishing juvenile gun courts for the prosecution and adjudication of juvenile firearms offenders.

(h) Purpose Area 8: Establishing drug court programs to provide continuing judicial supervision over juvenile offenders with substance abuse problems and to integrate administration of other sanctions and services for such offenders.

(i) Purpose Area 9: Establishing and maintaining a system of juvenile records designed to promote public safety.

(j) Purpose Area 10: Establishing and maintaining interagency information-sharing programs that enable the juvenile, and criminal justice systems, schools, and social services agencies to make more informed decisions regarding the early identification, control, supervision, and treatment of juveniles who repeatedly commit serious delinquent or criminal acts.

(k) Purpose Area 11: Establishing and maintaining accountability-based programs designed to reduce recidivism among juveniles who are referred by law enforcement personnel or agencies.

(l) Purpose Area 12: Establishing and maintaining programs to conduct risk and need assessments of juvenile offenders that facilitate the effective early intervention and the provision of comprehensive services, including mental health screening and treatment and substance abuse testing and treatment, to such offenders.

(m) Purpose Area 13: Establishing and maintaining accountability-based programs that are designed to enhance school safety.

(n) Purpose Area 14: Establishing and maintaining restorative justice programs.

(o) Purpose Area 15: Establishing and maintaining programs to enable juvenile courts and juvenile probation officers to be more effective and efficient in holding juvenile offenders accountable and reducing recidivism.

(p) Purpose Area 16: Hiring detention and corrections personnel, and establishing and maintaining training programs for such personnel, to improve facility practices and programming.

(2) In addition, all juvenile justice projects will address one or more of the following priorities developed in coordination with the Governor’s Juvenile Justice Advisory Board:

(a) Family Stability--Programs or other initiatives designed to strengthen family support systems in an effort to positively impact the lives of youth and divert them from a path of serious, violent, or chronic delinquency.

(b) Substance Abuse Early Intervention and Prevention--Programs or other initiatives designed to address the use and abuse of illegal and other prescription and nonprescription drugs and the use and abuse of alcohol including control, prevention, and treatment.

(c) Education--Programs or other initiatives designed to prevent truancy, suspension, and expulsion. School safety programs may include support for school resource officers and law-related education.

(d) Disproportionate Minority Contact (DMC)--Programs or other initiatives designed to address the disproportionate number of juvenile members of minority groups who come into contact with the juvenile justice system.

(e) Justice System Impact--Programs or other initiatives designed to impact offender accountability and/or improve the practices, policies, or procedures within the juvenile justice system.

(f) Gang Prevention--Programs or other initiatives designed to address issues related to juvenile gang activity, including prevention and intervention efforts directed at reducing gang-related activities.

(g) Rural Access--Programs or other initiatives designed to provide prevention, intervention, and treatment services located outside a metropolitan area.

(h) Training--Programs or other initiatives designed to offer specialized training for staff working directly with at-risk youth or juvenile offenders that can positively impact the quality of the services, staff turnover rates, and program stability.

Project Period: Grand-funded projects will begin on or after September 1, 2005, and will expire on or before August 31, 2006.

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

Preferences: Preference will be given to those applicants that demonstrate cost effective programs focused on proven or promising approaches to the provision of services.

Closing Date for Receipt of Applications: Submit all applications electronically to the Office of the Governor, Criminal Justice Division via email at cjdapps@governor.state.tx.us on or before June 30, 2005.

Selection Process: Applications will be reviewed by CJD staff members or a review group selected by the Executive Director. CJD will make all final funding decisions based on eligibility, reasonableness, availability of funding, and cost-effectiveness.

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

TRD-200502168

David Zimmerman

Assistant General Counsel

Office of the Governor

Filed: May 31, 2005

Texas Health and Human Services Commission

Correction of Public Notice

This notice was previously published in the May 27, 2005, issue of the Texas Register (30 TexReg 3143) and is being resubmitted due to inadvertently leaving off two counties, Travis and Maverick from the list of non-publicly owned hospitals.

The Texas Health and Human Services Commission announces its intent to resubmit Transmittal Number TX 05-001, Amendment Number 698, to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act.

Amendment Number 698 provides for Upper Payment Limits (UPL) payments for inpatient and outpatient services providers by non-publicly owned hospitals in Bexar, Hidalgo, Maverick, Midland, Montgomery, Potter, Randall, Travis, and Webb counties for services provided to Medicaid patients. The supplemental payments shall not exceed the difference between total annual Medicaid payments and the federal upper payment limits established in 42 CFR 447.272. As a result, the State seeks to ensure that Medicaid payments are commensurate with Medicare payments and/or payment principles.

The proposed amendment is to be effective June 11, 2005, and is expected to increase the amount of federal matching funds to the State. The proposed amendment is estimated to result in increased annual aggregate expenditures of $33,687,741 with increased federal matching funds of $20,505,728 for State fiscal year 2005, and $128,083,600 with increased federal matching funds of $77,695,511 for State fiscal year 2006.

If additional information is needed, please contact Arnulfo Gomez by telephone at (512) 491-1166 or by e-mail at arnulfo.gomez@hhsc.state.tx.us.

TRD-200502190

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: June 1, 2005

Notification of Consulting Procurement

Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Health and Human Services Commission (HHSC) announces the release of its Request for Proposals for consultant services to assist in the development of a healthcare delivery model for foster children (RFP #529-05-207). HHSC seeks to contract with a single qualified vendor to fulfill the requirements pursuant to this RFP.

The primary objectives for this procurement are to assist HHSC in developing a healthcare model for foster care children that will:

Result in improved delivery of health care services through continuous, coordinated delivery through a single medical home;

Create cost avoidance opportunities in Medicaid services through those clients receiving duplicative health care services and prescription drugs; and

Seek revenue enhancements through consolidation or coordination of state and federal funding sources and services.

The RFP is located in full on HHSC's Business Opportunities Page under "Contracting Opportunities" link at http://www.hhsc.state.tx.us/about_hhsc/BusOpp/BO_opportunities.html. HHSC also posted notice of the procurement on the Texas Marketplace on June 13, 2005.

The successful contractor will assist in the procurement design and development of a healthcare delivery model for children in foster care. This assistance may include, but is not limited to:

Assisting HHSC in drafting and/or reviewing sections of the draft Request for Proposal (RFP) that pertain to the health care delivery model for children in foster care;

Assisting HHSC in the development of the final RFP;

Facilitating discussions with HHSC, the Department of Family and Protective Services (DFPS) and/or the Department of State Health Services (DSHS) to determine solutions to operational issues, including coordination of services and service planning;

Facilitating discussions with HHSC, DFPS and/or DSHS to identify possible funds for integration or coordination to enhance the service array for children in foster care;

Assisting HHSC in responding to numerous vendor questions on the draft and final RFP, including assisting in determining solutions to issues brought up in vendor questions;

Assisting HHSC in developing and drafting a Medicaid 1915(b) waiver to implement the health care delivery model for children in foster care;

Assisting HHSC in developing and drafting a Medicaid 1915(c) waiver for community-based treatment alternatives for children with severe emotional disturbances;

Assisting HHSC in determining how the 1915(b) and 1915(c) waivers will be coordinated in the health care delivery model for children in foster care; and

Assisting in responding to questions from the Centers for Medicare and Medicaid Services (CMS) on the waivers.

The Health and Human Services Commission's Sole Point-Of-Contact for this procurement is:

Tim Seelig, Procurement Project Manager

Texas Health and Human Services Commission

P.O. Box 85200-5200

Austin, Texas 78708-5200

(512) 491-1328

tim.seelig@hhsc.state.tx.us

All questions regarding the RFP must be sent in writing to the above-referenced contact by 5:00 PM Central Time on June 22, 2005. HHSC will post all written questions received with HHSC's responses on its website on June 30, 2005, or as they become available. All proposals must be received at the above-referenced address on or before 3:00 PM Central Time on July 13, 2005. Proposals received after this time and date will not be considered.

All proposals will be subject to evaluation based on the criteria and procedures set forth in the RFP. HHSC reserves the right to accept or reject any or all proposals submitted. HHSC is under no legal or other obligation to execute any contracts on the basis of this notice. HHSC will not pay for costs incurred by any entity in responding to this RFP.

TRD-200502201

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: June 1, 2005

Texas Department of Housing and Community Affairs

Request for Qualifications for Interest Rate Swap Advisors

The Texas Department of Housing and Community Affairs ("TDHCA") is issuing this Request for Qualifications ("RFQ") from firms interested in providing interest rate swap advisory services from time to time for one or more of its single family mortgage revenue bond issues, single family commercial paper issues and/or multifamily mortgage revenue bond issues. TDHCA desires to select an Interest Rate Swap Advisor ("Swap Advisor") primarily for monitoring interest rate swaps used to hedge TDHCA’s single family variable rate mortgage revenue bond issues. The entity selected as a result of this RFQ process will be primarily responsible for post-execution monitoring services.

Responses to the RFQ must be received at TDHCA no later than 4:00 P.M. C.S.T. on Friday, July 1, 2005. To obtain a copy of the RFQ, please fax your request to the attention of Byron V. Johnson at (512) 475-3362 or visit the Bond Finance Division web page at www.tdhca.state.tx.us.

TRD-200502192

Edwina Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: June 1, 2005

Request for Qualifications for Reinvestment Agents

The Texas Department of Housing and Community Affairs ("TDHCA") is issuing this Request for Qualifications ("RFQ") from firms interested in providing reinvestment services from time to time for one or more of its single family mortgage revenue bond issues, single family commercial paper issues and/or multifamily mortgage revenue bond issues. TDHCA desires to create a pool of approved Reinvestment Agents ("Agents") from which to select in conjunction with the sale of single family and multifamily municipal bond issues and/or other financing opportunities. TDHCA reserves the right to select any firm for any particular financing project from the approved list of participants.

TRD-200502191

Edwina Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: June 1, 2005

Texas Department of Insurance

Company Licensing

Application for admission to the State of Texas by MEMBERHEALTH, INC., a foreign Life, Accident, and/or Health company. The home office is in Solon, Ohio.

Any objections must be filed with the Texas Department of Insurance, addressed to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701, within 20 days after this notice is published in the Texas Register .

TRD-200502196

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: June 1, 2005

Texas Lottery Commission

Instant Game Number 576 "Cash Cards"

1.0 Name and Style of Game.

A. The name of Instant Game No. 576 is "CASH CARDS". The play style is "cards".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 576 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 576.

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: A SYMBOL, K SYMBOL, Q SYMBOL, J SYMBOL, 10 SYMBOL, 9 SYMBOL, 8 SYMBOL, 7 SYMBOL, 6 SYMBOL, 5 SYMBOL, 4 SYMBOL, 3 SYMBOL, 2 SYMBOL, 16 SYMBOL, 17 SYMBOL, 18 SYMBOL, 19 SYMBOL, 20 SYMBOL, $1.00, $2.00, $4.00, $5.00, $10.00, $15.00, $20.00, $50.00, $100, $500, $1,000, $5,000, $50,000.

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

Figure 1: GAME NO. 576 - 1.2D

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

Figure 2: GAME NO. 576 - 1.2E

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

F. Serial Number - A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There is a boxed four (4) digit Security Number placed randomly within the Serial Number. The remaining nine (9) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000.

G. Low-Tier Prize - A prize of $5.00, $10.00, $15.00 or $20.00.

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

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

J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (576), 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: 576-0000001-001.

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

M. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "CASH CARDS" Instant Game No. 576 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 "CASH CARDS" Instant Game is determined once the latex on the ticket is scratched off to expose 50 (fifty) Play Symbols. In play style 1, the player must scratch the YOUR CARDS in each hand. If a player reveals 2 matching cards within a hand the player will win the prize #1 shown for that hand. In play style 2, the player must add the two (2) YOUR CARDS in each hand. If the total of the YOUR CARDS is higher than the DEALER'S TOTAL, the player will win the PRIZE #2 shown for that hand. J, Q, K = 10, A = 11. 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 50 (fifty) 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 50 (fifty) 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 50 (fifty) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 50 (fifty) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

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

C. No duplicate Your Cards hands in any order on a ticket.

D. There will be no ties between the total of Your Cards and the Dealer's Total in a hand.

E. The Your Cards play spots will total no less than 12 on non-winning hands.

F. No Your Hand will contain two Aces.

G. A given hand will never win by getting a pair of Your Cards and beating the Dealer's Total on a ticket.

H. There will never be more than one 10, Jack, Queen and King in the same hand (for example, no Ten and King, etc.).

I. No more than 3 pairs of non-winning prize symbols on a ticket.

2.3 Procedure for Claiming Prizes.

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

B. To claim a "CASH CARDS" Instant Game prize of $1,000, $5,000 or $50,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $576 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 "CASH CARDS" 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 16576, Austin, Texas 78761-6576. 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 $576 from the "CASH CARDS" 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 $576 from the "CASH CARDS" 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 5,040,000 tickets in the Instant Game No. 576. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 576 - 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 576 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. 576, 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-200502136

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: May 26, 2005

North Central Texas Council of Governments

Request for Proposals

This request by the North Central Texas Council of Governments (NCTCOG) for consultant services is filed under the provisions of Government Code, Chapter 2254.

The North Central Texas Council of Governments (NCTCOG) is requesting written proposals from consultant firm(s) to implement a Low Cost Signal Improvement Program/Thoroughfare Assessment Program Phase 3.2, which will include retiming of approximately 1800 signalized intersections, repair and implementation of vehicle detectors and deployment of light emitting diode traffic signals lamps wherever required in the Dallas Fort-Worth Non-Attainment Area. The regionwide thoroughfare assessment will include establishment of a baseline analysis, implementation of signal retiming, performing a subsequent analysis (improved conditions) and preparing an executive summary of the program. Engineering services are anticipated for this effort.

Due Date

Proposals must be received no later than 5 p.m. Central Daylight Time on Thursday, July 14, 2005, to Natalie Bettger, Principal Transportation Planner, North Central Texas Council of Governments, 616 Six Flags Drive, Arlington, Texas 76011 or P.O. Box 5888, Arlington, Texas 76005-5888. For copies of the Request for Proposals, contact Therese Bergeon, at (817) 695-9267. Questions concerning the Instructions For Proposals or the Scope of Services should be submitted to Ken Kirkpatrick, Senior Program Manager, by email at kkirkpatrick@nctcog.org by Wednesday, June 22, 2005. A Pre-Proposal Conference will be held on Thursday, June 30, 2005, at 2 p.m., at the NCTCOG offices to provide an overview and answer questions regarding the RFP.

Contract Award Procedures

The firm or individual selected to perform these activities will be recommended by a Consultant Selection Committee (CSC). The CSC will use evaluation criteria and methodology consistent with the scope of services contained in the Request for Proposals. The NCTCOG Executive Board will review the CSC's recommendations and, if found acceptable, will issue a contract award.

Regulations

NCTCOG, in accordance with Title VI of the Civil Rights Act of 1964, 78 Statute 252, 41 United States Code 2000d to 2000d-4; and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 1, Nondiscrimination in Federally Assisted Programs of the Department of Transportation issued pursuant to such act, hereby notifies all proposers that it will affirmatively assure that in regard to any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, age, national origin, or disability in consideration of an award.

TRD-200502202

R. Michael Eastland

Executive Director

North Central Texas Council of Governments

Filed: June 1, 2005

Texas Parks and Wildlife Department

Notice of Intent to Conduct Restoration Planning

Energytec, Inc. crude oil spill Titus County Texas, November, 2004: Notice of Intent to Conduct Restoration Planning

AGENCIES: Texas Parks and Wildlife Department (TPWD), Texas Commission on Environmental Quality (TCEQ), Texas General Land Office (GLO), and the United States Fish and Wildlife Service (USFWS) of the United States Department of the Interior

ACTION: Notice of Intent to Conduct Restoration Planning Pursuant to the Oil Pollution Act of 1990 (OPA) for the impacts from the November, 2004 crude oil discharge into an un-named tributary leading to Oliver Lake and the Sulphur River in Titus County, Texas.

SUMMARY: Natural Resource Trustees (Trustees) are designated pursuant to OPA, 33 U.S.C. §2706(b), Executive Order 12777, and the National Contingency Plan, 40 C.F.R. §300.600 and 300.605, with responsibility to conduct natural resource damage assessments on behalf of the public when discharges of oil affect natural resources and services.

On or about November 15, 2004 a ruptured transfer line(s) leading to an injection well and storage tank(s) broke in the Hoffman-Bankhead Unit located on the Hearts Bluff Game Ranch northeast of the city of Talco, Titus County, Texas resulting in an unauthorized discharge of crude oil to an un-named tributary of Oliver Lake and the Sulphur River. Approximately 8,400 gallons of crude oil were discharged into the creek and adjacent riparian habitat. Oil was observed at the discharge point and extended 0.50 miles downstream in the un-named tributary to Oliver Lake and the Sulphur River. Heavy rains and localized flooding spread oil downstream in the un-named tributary to Oliver Lake and adjacent bottomland hardwoods. The oiling of habitat ranged from light to very heavy bands of oil on the banks, snags and vegetation adjacent to and in the creek. In some case oil bands were observed four feet high on trees.

Trustees for this incident are TPWD, TCEQ, GLO, and USFWS. The Trustees have determined that the incident warrants conducting a natural resource damage assessment (NRDA). This notice serves to inform the public that the Trustees are proceeding with the assessment, including restoration planning, and will subsequently seek public input for planning restoration for the injuries resulting from this oil spill. This assessment will be conducted in accordance with the NRDA regulations for oil spills at 15 C.F.R. §§990.10 et seq.

ADDRESSES: A copy of this Notice of Intent and further information relating to the assessment and restoration planning may be obtained by contacting: Charles Wood, Natural Resource Damage Assessment Program, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744, Phone: (512) 912-7155, e-mail: charles.wood@tpwd.state.tx.us.

SUPPLEMENTARY INFORMATION: In support of their decision to proceed with the assessment and issue this notice, the Trustees have made several determinations as required by 15 C.F.R. §990.41. First, the Trustees have jurisdiction to pursue restoration pursuant to the Oil Pollution Act. The Trustees have determined that the release of approximately 8,400 gallons of crude oil, which resulted in oil exposure of the navigable waters of the United States and Texas, constituted an incident as defined in 15 C.F.R. §990.30. This incident was not permitted under state, federal or local law. Using information gathered during preassessment activities, the Trustees have determined that natural resources under their trusteeship have been injured as a result of this incident. The Trustees have conducted initial surveys of the areas where spill impacts were observed in order to document the areas oiled, the degree of oiling and whether any impacts or mortality could be observed on either the flora or fauna of the area. Based on data collected and observations made during the initial surveys, the Trustees have made the further determination required by 15 C.F.R. §990.42(a), that it is appropriate to proceed with restoration planning for this incident. Restoration planning is necessary since injuries have resulted from the incident. The Trustees base this determination upon data that demonstrates that natural resources and services have been injured. Natural resources or their services injured as a result of the spill and spill response include, but are not limited to, riparian habitat, wetland habitats and surface waters of the of the un-named tributary to Oliver Lake and the Sulphur River and biota which would include fish, birds, other wildlife species and benthic communities.

Initial response actions by Energytec Inc. focused on the use of heavy equipment to remove oiled vegetation and the burying of standing oil in upland and aquatic environments. Where these actions were undertaken, environmental damage has occurred resulting in injuries to sediments, soils, terrestrial and aquatic habitats, fisheries and wildlife. On or about December 16, 2004 response actions were transferred from Engergytec Inc. personnel to Titan Engineering Inc, Hull’s Environmental Service and BNC Environmental Services, collectively referred to as the environmental contractors. Secondary response actions initiated by the environmental contractors included herding oil to collection points were it was removed using vacuum trucks and absorbent pads. Areas of entrained oil may also be further remediated by a methodology that will be determined at a future time. The response actions described have not adequately addressed, or are not expected to address, the potential injuries from the incident. Therefore, restoration planning is warranted.

The Trustees are conducting restoration planning since there are feasible primary and/or compensatory restoration actions available to address the potential injuries. There are opportunities available in or near the impacted area to restore or compensate for injury to fringe wetlands, riparian and other shallow water resources.

Finally, restoration planning is being undertaken since assessment procedures exist to evaluate the injuries and define the appropriate type and scale of restoration for the injured natural resources and services. The Trustees have determined that assessment procedures are available that are appropriate for this incident and that meet the applicable standards for such methods set forth in 15 C.F.R. §990.27. The Trustees intend to use the results of site monitoring, photographic documentation, and geographical information systems evaluation in conjunction with Habitat Equivalency Analysis, as a resource-to-resource approach, to determine and quantify injury levels as well as scale appropriate restoration actions.

The Trustees have begun compiling applicable documents into an administrative record that explains the assessment and restoration decision-making process for this incident. Information regarding public access to this record may be obtained by contacting: Raenell Silcox, Staff Attorney, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744, e-mail: raenell.silcox@tpwd.state.tx.us.

For further information relating to this notice, contact: Charles Wood, Trustee Program, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744, e-mail: charles.wood@tpwd.state.tx.us. Comments received will be considered in developing a draft final restoration plan and environmental assessment for the incident.

TRD-200502171

Gene McCarty

Chief of Staff

Texas Parks and Wildlife Department

Filed: May 31, 2005

Public Utility Commission of Texas

Notice of Application for Relinquishment of a Service Provider Certificate of Operating Authority

On May 24, 2005, TalkingNets Holdings-Texas, LP filed an application with the Public Utility Commission of Texas (commission) to relinquish its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60468. Applicant intends to relinquish its certificate.

The Application: Application of TalkingNets Holdings-Texas, LP to Relinquish its Service Provider Certificate of Operating Authority, Docket Number 31131.

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 June 15, 2005. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 31131.

TRD-200502144

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 26, 2005

Notice of Application for Service Area Exception Within Wood County, Texas

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application filed on May 24, 2005, for service area exception within Wood County, Texas.

Docket Style and Number: Application of Wood County Electric Cooperative, Inc. for Service Area Exception within Wood County. Docket Number 31135.

The Application: Wood County Electric Cooperative, Inc. (WCEC) requested a service area exception to provide service to a single customer, the Staring Residence. WCEC has facilities located approximately 350 feet from the residence. The area is dually certified to WCEC, Southwestern Electric Power Company (SWEPCO) and Upshur Rural Electric Cooperative, Corp. (URECC). SWEPCO and URECC agree to the service area exception.

Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas no later than June 20, 2005 by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 31135.

TRD-200502179

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 31, 2005

Notice of Application to Amend Certificated Service Area Boundaries

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application filed on May 24, 2005, for an amendment to certificated service area boundaries within Cameron County, Texas.

Docket Style and Number: Application of the Brownsville Public Utilities Board (BPUB) to Amend a Certificate of Convenience and Necessity for Service Area Boundaries within Cameron County (Resaca de la Palma State Park). Docket Number 31136.

The Application: The application encompasses an area of land which is singly certificated to American Electric Power Company (AEP), formerly known as Central Power & Light (CP&L), and is within the corporate limits of the City of Brownsville. BPUB received a letter request from the Texas Parks & Wildlife Department to provide electric utility service to the proposed Resaca de la Palma State Park. The total property consists of two parcels of land totaling 1,100.54 acres. The estimated cost to BPUB to provide service to this proposed area is $97,138.35. If the application is granted the area would be dually certificated for electric service.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas no later than June 20, 2005, by mail at P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 31136.

TRD-200502180

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 31, 2005

Notice of Application to Amend Certificated Service Area Boundaries

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application filed on May 25, 2005, for an amendment to certificated service area boundaries within Cameron County, Texas.

The Application: The application encompasses an area of land which is singly certificated to American Electric Power Company (AEP), formerly known as Central Power & Light (CP&L), and is within the corporate limits of the City of Brownsville. BPUB received a letter request to provide electric utility service to 69.91 acres of undeveloped land for a proposed subdivision. The estimated cost to BPUB to provide service to this proposed area is $131,459.32. If the application is granted the area would be dually certificated for electric service.

TRD-200502181

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 31, 2005

Notice of Filing to Discontinue Services Pursuant to P.U.C. Substantive Rule §26.208

Notice is given to the public of SBC Texas' application filed with the Public Utility Commission of Texas (commission) on May 11, 2005 to withdraw services pursuant to P.U.C. Substantive Rule §26.208.

Docket Title and Number: Application of SBC Texas to Withdraw Certain Committed Information Rate (CIR) Options Under OPT-E-MAN ^SM Service Pursuant to P.U.C Substantive Rule §26.208(h), Docket Number 31087.

The Application: SBC Texas filed an application to withdraw certain Committed Information Rate (CIR) Options under its OPT-E-MAN ^SM Service stating that the service, established in October 2003, was initially tariffed with 24 Committed Information Rate (CIR) bandwidth options per Grade of Service to provide the granularity of bandwidth thought to be required by consumers. Sixteen of the bandwidth options have not been ordered by a customer. Therefore, due to lack of demand for these 16 CIR bandwidth options, SBC Texas' application is to withdraw the following CIR bandwidth options: 15 Mbps, 25, Mbps, 30 Mbps, 40 Mbps, 60 Mbps, 80 Mbps, 125 Mbps, 150 Mbps, 175 Mbps, 200 Mbps, 300 Mbps, 400 Mbps, 600 Mbps, 700 Mbps, 800 Mbps, and 900 Mbps (including both the Bronze and Silver options for each of the CIR speeds listed).

Persons wishing to comment on this application should contact the Public Utility Commission of Texas, by June 30, 2005, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll-free 1-800-735-2989. All correspondence should refer to Docket Number 31087.

TRD-200502182

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 31, 2005

Notice of Petition for Expanded Local Calling Service

Notice is given to the public of the filing with the Public Utility Commission of Texas of a petition on April 20, 2005, for expanded local calling service (ELCS), pursuant to Chapter 55, Subchapter C of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Project Title and Number: Petition for Expanded Local Calling Service from the Pine Hill Exchange, Project Number 31018.

The petitioners in the Pine Hill exchange request ELCS to the exchanges of Kilgore, Nacogdoches, and Tyler.

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 June 24, 2005. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2789. All comments should reference Project Number 31018.

TRD-200502142

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 26, 2005

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

Notice is given to the public of the filing with the Public Utility Commission of Texas of a petition on May 23, 2005, for waiver of denial by the North American Numbering Plan Administration (NANPA) Pooling Administrator (PA) of Cellco Partnership, d/b/a Verizon Wireless' (Verizon Wireless) request for additional telephone numbers in the Granbury rate center.

Docket Title and Number: Petition of Verizon Wireless for Review of Pooling Administrator's Denial of Application for Numbering Resources. Docket Number 31129.

The Application: Verizon Wireless submitted a petition to the Pooling Administrator (PA) to provide it with additional telephone numbers in the Granbury rate center.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than June 15, 2005. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 31129.

TRD-200502143

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 26, 2005

Office of the Secretary of State

Notice of Intent Concerning the Texas Register Publication

The Office of the Secretary of State ("SOS") is inviting proposals from vendors to print and distribute the paper/hard-copy edition of the Texas Register (" Register ").

The hard-copy Register is published weekly (usually 52 issues per year), plus four cumulative indexes, and is mailed each Friday with slight variations due to holidays. A typical issue is 160 pages. Issues may range from approximately 40 pages to more than 300 pages (multiple books). Vendor may view previous issue sizes at http://www.sos.state.tx.us/texreg/issues.shtml. Issue size is determined by number of filings by state agencies with the SOS.

The Register is available to the public on the Internet where it is published each Friday free of charge.

http://www.sos.state.tx.us/texreg/issues.shtml

The SOS currently charges a monthly subscription fee of $20 for the paper/hard-copy Register .