TITLE in-addition

Department of Aging and Disability Services

Notice--Procurement of Services by Area Agencies on Aging

The Department of Aging and Disability Services' Access and Intake--Area Agencies on Aging Section oversees the delivery of Older Americans Act services for individuals age 60 and older, their family members, and other caregivers through contracts with Area Agencies on Aging located throughout the state. These 28 Area Agencies on Aging are currently seeking qualified entities to provide services, such as: Congregate Meals, Home Delivered Meals, Transportation, Personal Assistance, Homemaker, and Caregiver, as well as other related services.

Parties interested in providing services must contact the Area Agency on Aging operating within their service area to obtain information relating to vendor open enrollment, requests for proposals (RFP), the contracting process, the types of services being considered, and the actual funding available.

Identified in the comprehensive list is all Area Agencies on Aging, contact information, addresses, telephone numbers, and service areas:

List of Area Agencies on Aging

Contact the Department of Aging and Disability Services, Access and Intake--Area Agencies on Aging Section at (512) 438-4245 for questions about this general notice.

TRD-200502484

Phoebe Knauer

General Counsel

Department of Aging and Disability Services

Filed: June 15, 2005


Office of the Attorney General

Notice of Settlement of a Texas Solid Waste Disposal Enforcement Action

Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Solid Waste Disposal Act. Before the State may settle a judicial enforcement action, pursuant to the Texas Water Code, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Acts.

Case Title and Court: Settlement Agreement in Harris County, Texas and the State of Texas acting by and through the Texas Commission on Environmental Quality v. Richard J. Burns , Cause No. 2003 - 64278, 113th Judicial District, Harris County, Texas.

Background: This suit alleges violations of the Texas Solid Waste Disposal Act at a site in Harris County, Texas. The Defendant is Richard J. Burns. The suit seeks injunctive relief, civil penalties, attorney's fees and court costs. The Solid Waste Disposal Act violations are for disposal of various household wastes without a permit at 7610 East Mount Houston Road, Houston, Harris County, Texas. The waste was removed from the site soon after the lawsuit was filed. Richard J. Burns no longer owns the site.

Nature of Settlement: The settlement awards $218.75 in attorney's fees to the State and $166.00 in court costs.

For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment should be reviewed. Requests for copies of the judgment, and written comments on the proposed settlement should be directed to Mary Smith, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0052. Written comments must be received within 30 days of publication of this notice to be considered.

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

TRD-200502396

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: June 14, 2005


Notice Regarding Private Real Property Rights Preservation Act (SB 14) Guidelines

In 1995 the Legislature enacted Senate Bill 14, the Private Real Property Rights Preservation Act (the Act), codified at Government Code, Chapter 2007. As required by the Act, the Office of the Attorney General prepared Guidelines to assist governmental entities in identifying and evaluating those governmental actions that might result in a taking of private real property. Those Guidelines were published in the January 12, 1996 issue of the Texas Register (21 TexReg 387). Current versions of the Guidelines appear on the Office of the Attorney General website at www.oag.state.tx.us and are published in the October 25, 2002 issue of the Texas Register (27 TexReg 10173).

The Act also requires the Office of the Attorney General to review the Guidelines at least annually and revise them as necessary.

The Office of the Attorney General has begun its annual review and invites comments whether the Guidelines are consistent with actions of the Texas Legislature and the decisions of the United States and Texas Supreme Courts from June 1, 2004 through May 31, 2005. Please address comments to Cue D. Boykin, Assistant Attorney General, Office of the Attorney General, P.O. Box 12548, Austin, TX 78701-2548 no later than August 23, 2005. Comments may be submitted by email to cue.boykin@oag.state.tx.us.

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

TRD-200502439

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: June 14, 2005


Texas Water Code Enforcement Settlement Notice

Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under Texas Water Code §7.110. Before the State may settle a judicial enforcement action under Chapter 7 of the Texas Water Code, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code.

Case Title and Court: Brazoria County, Texas, and State of Texas v. William Daniel Moore , Cause no. 9761 JG99, in the 239th District Court of Brazoria County, Texas

Nature of Defendant's Operations: Defendant Moore owned and operated several illegal dump sites in Brazoria County. Brazoria County filed its petition against Defendant Moore claiming violations of 1) the Texas Solid Waste Disposal Act, Tex. Health & Safety Code, Chapter 361, 2) Texas Water Code §26.121, governing water pollution, and 3) a Brazoria County anti-dumping ordinance. The State of Texas, through the Texas Commission on Environmental Quality (TCEQ) is a necessary and indispensable party to Brazoria County's lawsuit.

Proposed Agreed Judgment: In response to the lawsuit, Moore entered into a contract with Vernor Materials, a materials handling company in Brazoria County, to clean seven sites Moore owned in Brazoria County to the satisfaction of the County and TCEQ in exchange for title to the seven tracts which will be deeded to Vernor, except for title to Moore's homestead. Vernor has removed all materials from the surface of the seven sites, including some hazardous waste, and has submitted soil and water test results to TCEQ for approval. The Agreed Final Judgment and Permanent Injunction prohibits Defendant Moore from further illegal dumping in Texas.

For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment and Permanent Injunction should be reviewed. Requests for copies of the judgment, and written comments on the proposed settlement should be directed to Burgess Jackson, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0052. Written comments must be received within 30 days of publication of this notice to be considered.

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

TRD-200502415

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: June 14, 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 June 3, 2005, through June 9, 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's web site. The notice was published on the web site on June 15, 2005. The public comment period for these projects will close at 5:00 p.m. on July 15, 2005.

FEDERAL AGENCY ACTIONS:

Applicant: Osprey Line ; Location: The project is located on Cedar Bayou at 1405 FM 1405 Road, southwest of the intersection of Spur 55 and FM 1405, in Baytown, Chambers County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Morgans Point, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 313142; Northing: 3288537. Project Description: The applicant proposes to construct a barge loading facility for dry cargo containers. The project entails the construction of an 860-linear-foot bulkhead and associated dredging for barge access. The bulkhead will be located at the existing shoreline. All backfill will be above the high tide line. The approximately 3.8-acre area of Cedar Bayou will be excavated to -10 feet mean low tide. The material will be mechanically excavated and placed at an upland location on the project site. The excavation will impact 0.184 acre of Spartina alterniflora wetlands. The applicant is currently exploring mitigation opportunities. CCC Project No.: 05-0293-F1; Type of Application: U.S.A.C.E. permit application #23750 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).

Applicant: City of Corpus Christi ; Location: The project is located adjacent to Corpus Christi Bay, at the intersection of North Shoreline Boulevard and Kinney Street, in Corpus Christi, Nueces County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Corpus Christi, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 659500; Northing: 3071950. Project Description: The applicant proposes to replace an existing storm water outfall that is located on the bay side of North Shoreline Boulevard and drains into Corpus Christi Bay. The existing outfall consists of a 3.25-foot-high by 5.7-foot-wide (inside diameter) concrete structure. In order to compensate for the increased storm water volume and flow that will result from drainage improvements in downtown Corpus Christi, the applicant proposes to install a new drainage outfall that would consist of an approximate 12-foot-high by 40-foot-wide concrete box structure. This box structure would include two 6- by 16-foot concrete open box culverts. A scour apron measuring 100 feet by 100 feet would be installed bayward of the culverts. The proposed scour protection apron would consist of approximately 535 cubic yards of crushed stone, geotextile fabric, and concrete revetment mattress that would be placed in Corpus Christi Bay, with a 5-foot-wide band of crushed stone installed along the north, east, and south side edges of the apron to anchor it in place. Approximately 0.27 acre of jurisdictional area of Corpus Christi Bay would be permanently filled for the proposed project. Water depth at the project area is approximately -3 feet mean high tide. CCC Project No.: 05-0307-F1; Type of Application: U.S.A.C.E. permit application #23762 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 Commission on Environmental Quality under §401 of the Clean Water Act.

Applicant: F-W Oil Exploration, L.L.C. ; Location: The project is located in Federal waters in the Gulf of Mexico, in South Padre Island Area OCS Block 1145 south to South Padre Island Area OCS Block 1166, crossing the Brazos Santiago Pass Safety Fairway in Blocks 1151, 1152, and 1166, offshore, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Port Isabel, Texas. Approximate UTM Coordinates in NAD 27 (meters) of the north fairway crossing point: Zone 14; Easting: 704542; Northing: 2884459. Approximate UTM Coordinates in NAD 27 (meters) of the south fairway crossing point: Zone 14; Easting: 702284; Northing: 2881136. Project Description: The applicant proposes to install a 6-inch diameter pipeline for the transport of gas and condensate. The pipeline begins at an existing well in Block 1145 and crosses the Brazos Santiago Pass Safety Fairway in Blocks 1151, 1152, and 1166 and terminates at the previously authorized Structure "A" in the Brazos Santiago Pass Anchorage Area. CCC Project No.: 05-0313-F1; Type of Application: U.S.A.C.E. permit application #23766 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).

Applicant: F-W Oil Exploration, L.L.C. ; Location: The project is located in Federal waters in the Gulf of Mexico, North Padre Island Area OCS Block 996, 47.46 miles south to South Padre Island Area OCS Block 1166, crossing the Brazos Santiago Pass Safety Fairway in Blocks 1151 and 1166, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Port Isabel, Texas. Approximate UTM Coordinates in NAD 27 (meters) of the north fairway crossing point: Zone 14; Easting: 703458; Northing: 2882983. Approximate UTM Coordinates in NAD 27 (meters) of the south fairway crossing point: Zone 14; Easting: 702225; Northing: 2881178. Project Description: The applicant proposes to install a 12.75-inch diameter pipeline for the transport of gas and condensate for a distance of 47.46 miles. The pipeline begins at the previously permitted Structure A within the South Padre Island Area OCS Block 1166 within the South Padre Anchorage Area crosses the Brazos Santiago Pass Safety Fairway in Blocks 1151 and 1166 and terminates at a subsea tie-in in North Padre Island Area OCS Block 996 tying into the applicant's existing 6-inch diameter pipeline. CCC Project No.: 05-0314-F1; Type of Application: U.S.A.C.E. permit application #23722 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).

Applicant: Chuck Gautier ; Location: The project is located along Crash Boat Basin, at 1526 and 1530 103rd Street, in Galveston, Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Virginia Point, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 317683; Northing: 3238730. Project Description: The applicant proposes to mechanically dredge an existing slough for boat access, construct 2 boathouses, rework existing riprap to protect existing shoreline marsh, construct a bulkhead for shoreline stabilization and mitigate for impacts to 300 square feet of Spartina alterniflora from the dredging and boathouse construction. The applicant also requests authorization for 10-year maintenance dredging of the slough. After dredging, the existing slough will be 20 feet in width with a depth of 5 feet at mean high tide (MHT). Currently the depth of the slough averages 1 to 3 feet MHT. Approximately 180 cubic yards of dredge material will be placed on the applicant's existing upland property. The proposed boathouses at 1526 and 1530 103rd Street will be 15 feet wide by 25 feet long. The proposed bulkhead will be placed above the high tide line on the applicant's upland property. To mitigate for wetland impacts the applicant proposes to create approximately 600 square feet of new wetlands with Spartina alterniflora from existing uplands on the project site.

On March 15, 2005 a public notice was issued, and the applicant originally proposed to mechanically dredge an existing slough for boat access, construct 3 boathouses, place riprap or a bulkhead for shoreline stabilization and mitigate for impacts to 560 square feet of Spartina alterniflora from the dredging and boathouse construction. The applicant also requested authorization for 10-year maintenance dredging of the slough. After dredging, the existing slough would average 30 feet in width with a depth of 5-feet at MHT. Approximately 800 to 1,200 cubic yards of dredge material would be placed on the applicant's existing upland property. The first boathouse at 1534 103rd Street will have a 30-foot-wide by 32-foot-long boathouse and walkway. The second boathouse at 1530 103rd Street would have a 20-foot-wide by 40-foot-long walkway and boathouse. The third boathouse at 1526 103rd Street would have a 20-foot-wide by 32-foot-long walkway and boathouse. Approximately 230 cubic yards of concrete riprap would have been placed along the shoreline or a bulkhead would have been placed above the high tide line and above any existing wetland vegetation for bank stabilization. The applicant proposed to mitigate for wetland impacts by creating approximately 1,218 square feet of new wetlands with Spartina alterniflora from existing uplands on the project site. CCC Project No.: 05-0319-F1; Type of Application: U.S.A.C.E. permit application #23669 (Rev.) 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).

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 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-200502388

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: June 13, 2005


Comptroller of Public Accounts

Local Sales Tax Rate Changes Effective July 1, 2005

TRD-200502371

Martin Cherry

Chief Deputy General Counsel

Comptroller of Public Accounts

Filed: June 10, 2005


Notice of Request for Proposals

Pursuant to Chapters 403, 2305; 2305.038; and Chapter 2254, Subchapter A, Texas Government Code, the Comptroller of Public Accounts (Comptroller), State Energy Conservation Office (SECO) announces the issuance of its Request for Proposals (RFP #172j) for energy engineering services from qualified independent firms and qualified energy engineers, to provide energy engineering services for the Local Government Program (Program). Successful Respondent(s) will be asked to assist Comptroller in performing energy engineering services and conducting other activities related to the Program. Successful Respondent(s) will be expected to begin performance of any contract(s) resulting from this RFP on or about September 1, 2005.

Contact: Parties interested in submitting a proposal should contact William Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., ROOM G-24, Austin, Texas, 78774, telephone number: (512) 305-8673, to obtain a copy of the RFP. The RFP will be available for pick-up at the above-referenced address on Friday, June 24, 2005, after 10:00 a.m., Central Zone Time (CZT), and during normal business hours thereafter. Comptroller also plans to place the RFP on the Texas Marketplace after Friday, June 24, 2005, 10:00 a.m. (CZT). All written inquiries and Non-Mandatory Letters of Intent must be received at the above-referenced address no later than 2:00 p.m. (CZT) on Tuesday, July 12, 2005. Non-Mandatory Letters of Intent must be addressed to William Clay Harris, Assistant General Counsel, Contracts, and must be signed by an authorized representative of each entity. All responses to questions will be posted electronically on Tuesday, July 19, 2005, on the Texas Marketplace at: http://esbd.tbpc.state.tx.us. Prospective respondents are encouraged to fax the Letters of Intent and Questions to (512) 475-0973 to ensure timely receipt. Non-Mandatory Letters of Intent and Questions received after the deadline will not be considered.

Closing Date: Proposals must be received in the Assistant General Counsel, Contracts Office at the location specified above (ROOM G-24) no later than 2:00 p.m. (CZT), on Tuesday, July 26, 2005. Proposals received after this time and proposals submitted by facsimile will not be considered; respondents shall be solely responsible for verifying timely receipt of proposals and all required copies in the Issuing Office by the deadline.

Evaluation and Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria and procedures set forth in the RFP. Comptroller will make the final decision. Comptroller reserves the right to accept or reject any or all proposals submitted. Comptroller is under no legal obligation to execute any contracts on the basis of this notice or the distribution of any RFP. Comptroller shall pay for no costs incurred by any entity in responding to this Notice or the RFP.

The anticipated schedule of events is as follows: Issuance of RFP - Friday, June 24, 2005, 10:00 a.m. CZT; Non-Mandatory Letters of Intent and Questions Due - Tuesday, July 12, 2005, 2:00 p.m. CZT; Posting of Official Responses to Questions - Tuesday, July 19, 2005; Proposals Due - Tuesday, July 26, 2005, 2:00 p.m. CZT; Contract Execution - September 1, 2005, or as soon thereafter as practical; Commencement of Project Activities - September 1, 2005, or as soon thereafter as practical.

TRD-200502408

William Clay Harris

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: June 14, 2005


Notice of Request for Proposals

Pursuant to Chapters 403, 2305; 2305.032; and Chapter 2254, Subchapter A, Texas Government Code, the Comptroller of Public Accounts (Comptroller), State Energy Conservation Office (SECO) announces the issuance of its Request for Proposals (RFP #172h) for energy engineering services from qualified independent firms and qualified energy engineers, to provide energy engineering services for the LoanSTAR Revolving Loan Program (Program). Successful Respondent(s) will be asked to assist Comptroller in performing energy engineering services and assist in conducting monitoring activities required by the Program. Successful Respondent(s) will be expected to begin performance of any contract(s) resulting from this RFP on or about September 1, 2005.

Contact: Parties interested in submitting a proposal should contact William Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., ROOM G-24, Austin, Texas, 78774, telephone number: (512) 305-8673, to obtain a copy of the RFP. The RFP will be available for pick-up at the above-referenced address on Friday, June 24, 2005, after 10:00 a.m., Central Zone Time (CZT), and during normal business hours thereafter. Comptroller also plans to place the RFP on the Texas Marketplace after Friday, June 24, 2005, 10:00 a.m. (CZT). All written inquiries and Non-Mandatory Letters of Intent must be received at the above-referenced address no later than 2:00 p.m. (CZT) on Friday, July 8, 2005. Non-Mandatory Letters of Intent must be addressed to William Clay Harris, Assistant General Counsel, Contracts, and must be signed by an authorized representative of each entity. All responses to questions will be posted electronically on Friday, July 15, 2005, on the Texas Marketplace at: http://esbd.tbpc.state.tx.us. Prospective respondents are encouraged to fax the Letters of Intent and Questions to (512) 475-0973 to ensure timely receipt. Non-Mandatory Letters of Intent and Questions received after the deadline will not be considered.

Closing Date: Proposals must be received in the Assistant General Counsel, Contracts Office at the location specified above (ROOM G-24) no later than 2:00 p.m. (CZT), on Friday, July 22, 2005. Proposals received after this time and proposals submitted by facsimile will not be considered; respondents shall be solely responsible for verifying timely receipt of proposals and all required copies in the Issuing Office by the deadline.

Evaluation and Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria and procedures set forth in the RFP. Comptroller will make the final decision. Comptroller reserves the right to accept or reject any or all proposals submitted. Comptroller is under no legal obligation to execute any contracts on the basis of this notice or the distribution of any RFP. Comptroller shall pay for no costs incurred by any entity in responding to this Notice or the RFP.

The anticipated schedule of events is as follows: Issuance of RFP - Friday, June 24, 2005, 10:00 a.m. CZT; Non-Mandatory Letters of Intent and Questions Due - Friday, July 8, 2005, 2:00 p.m. CZT; Posting of Official Responses to Questions - Friday, July 15, 2005; Proposals Due - Friday, July 22, 2005, 2:00 p.m. CZT; Contract Execution - September 1, 2005, or as soon thereafter as practical; Commencement of Project Activities - September 1, 2005, or as soon thereafter as practical.

TRD-200502409

William Clay Harris

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: June 14, 2005


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §303.003 and §303.009 of the Texas Finance Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 06/20/05 - 06/26/05 is 18% for Consumer 1 /Agricultural/Commercial 2 /credit thru $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 06/20/05 - 06/26/05 is 18% for Commercial over $250,000.

1 Credit for personal, family or household use.

2 Credit for business, commercial, investment or other similar purpose.

TRD-200502398

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: June 14, 2005


Credit Union Department

Application to Amend Articles of Incorporation

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

An application for a name change was received from Medical Community Credit Union, Odessa, Texas. The credit union is proposing to change its name to First Basin 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-200502480

Harold E. Feeney

Commissioner

Credit Union Department

Filed: June 15, 2005


Application to Expand Field of Membership

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

An application was received from The Education Credit Union, Amarillo, Texas to expand its field of membership. The proposal would permit members of Amarillo Independent School District (AISD) Council of PTA’s and the individual members of the PTA organizations at Austin Middle School, Bonham Middle School, Bowie Middle School, Crocket Middle School, Fannin Middle School, Sam Houston Middle School, Horace Mann Middle School, Travis Middle School, Avondale Elementary School, Belmar Elementary School, Bivins Elementary School, Carver Elementary Academy, Carver Early Childhood, Coronado Elementary School, Eastridge Elementary School, Emerson Elementary School, Forest Hill Elementary School, Glenwood Elementary School, Hamlet Elementary School, Humphrey’s Highland Elementary School, Lamar Elementary School, Alice Landergin Elementary School, Lawndale Elementary School, Robert Lee Elementary School, Mesa Verde Elementary School, Oak Dale Elementary School, Olsen Park Elementary School, Paramount Terrace Elementary School, Pleasant Valley Elementary School, Puckett Elementary School, Ridgecrest Elementary School, Rogers Elementary School, Sanborn Elementary School, San Jacinto Elementary School, Sleepy Hollow Elementary School, South Georgia Elementary School, South Lawn Elementary School, Sunrise Elementary School, Western Plateau Elementary School, Whittier Elementary School, Wills Elementary School, Windsor Elementary School, Wolfin Elementary School, Woodlands Elementary School, 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-200502481

Harold E. Feeney

Commissioner

Credit Union Department

Filed: June 15, 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 Procter & Gamble Texas Employees Credit Union (Dallas) seeking approval to merge with Texas Federal Credit Union (Dallas), 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-200502482

Harold E. Feeney

Commissioner

Credit Union Department

Filed: June 15, 2005


Notice of Final Action Taken

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

Application(s) to Expand Field of Membership - Approved

First Central Credit Union, Waco, Texas (Amended) - Persons who reside, work, worship or attend school within a 10-mile radius of the office of First Central Credit Union located at: 227 E. Franklin Street, Hillsboro, Texas.

Fort Worth Community Credit Union (#4), Bedford, Texas (Conditional) - See Texas Register issue dated April 30, 2004.

U.S. Employees Credit Union, The Woodlands, Texas - See Texas Register issue dated March 25, 2005.

Texas Health Credit Union, Austin, Texas - See Texas Register issue dated March 25, 2005.

MemberSource Credit Union, Houston, Texas - See Texas Register issue dated March 25, 2005.

Houston Postal Credit Union, Houston, Texas (Amended) - Persons who live, work, attend school or worship in and businesses located within 10 miles of each of the following branch offices: 6055 South Loop East, Houston, Texas 77087; 401 Franklin Avenue, Houston, Texas 77002; 4600 Aldine Bender Road, Houston, Texas 77032.

Ward County Teachers Credit Union (#1), Monahans, Texas - See Texas Register issue dated March 25, 2005

Application(s) to Expand Field of Membership - Denied

Ward County Teachers Credit Union (#2), Monahans, Texas - See Texas Register issue dated March 25, 2005

Application(s) to amend Articles of Incorporation - Approved

BP Employees Credit Union, Alvin, Texas - See Texas Register issue dated April 29, 2005.

TRD-200502483

Harold E. Feeney

Commissioner

Credit Union Department

Filed: June 15, 2005


Deep East Texas Council of Governments

Request for Proposal for Floor Maintenance

The Deep East Texas Council of Governments is now accepting bids for floor maintenance of the Jasper DETCOG office. Bid documents may be picked up at the DETCOG office on 210 Premier Drive, Jasper, Texas 75951 through Wednesday, July 8, 2005.

The Full RFP can be obtained at http://www.detcog.org or by contacting:

Bobbie Stott Purchasing Officer

Phone: (409) 384-5704 Ext. 245

Fax: (409) 384-5390

Email: bstott@detcog.org

Submission is due to DETCOG no later than 3:00 PM on July 8, 2005.

TRD-200502373

Walter G. Diggles

Executive Director

Deep East Texas Council of Governments

Filed: June 10, 2005


East Texas Council of Governments

Request for Proposals for Worker Training Initiatives

Notice is given that as the administrative unit for the East Texas Workforce Development Board, the East Texas Council of Governments (ETCOG), is soliciting proposals for worker training initiatives with primary companies. Funding is available to provide access to targeted training dollars for current workers. The Skills Advancement Fund of East Texas (SAFE) is intended as an avenue for primary companies throughout the East Texas WDA to access funding to provide worker training by partnering with providers such as local community colleges or to train workers in-house. The term "primary company" as described in the Request for Proposals, is synonymous with the definition cited in Texas legislation. As applied to the fourteen-county East Texas Workforce Development Area, it refers to a company in an identified industry that manufactures a product or provides a service where at least 50% of sales come from outside the area.

The East Texas Workforce Development Board is responsible for the oversight of state and federally funded training, employment, and childcare services in a fourteen county area around Longview/Marshall and Tyler MSA.

Persons or organizations wanting to receive a Request for Proposals (RFP) package should inquire by letter, fax, or email to East Texas Council of Governments, 3800 Stone Road, Kilgore, Texas 75662, Attn: Daniel Pippin. The fax number for ETCOG is (903) 983-1440. The email address is Daniel.Pippin@twc.state.tx.us. Questions regarding the RFP process can be addressed by calling (903) 984-8641.

A bidders conference will take place on Thursday, June 28, 2005 at 1:30 p.m. It is anticipated that the deadline for receipt of proposals shall be 5:00 p.m. CDT, Thursday, July 21, 2005.

TRD-200502395

Glynn Knight

Executive Director

East Texas Council of Governments

Filed: June 13, 2005


Texas Commission on Environmental Quality

Notice of Comment Period and Announcement of Public Meeting on Draft Standard Permit for Animal Carcass Incinerators

The Texas Commission on Environmental Quality (TCEQ) is providing an opportunity for public comment and will conduct a public meeting to receive testimony concerning a draft standard permit for animal carcass incinerators proposed for issuance under Texas Health and Safety Code, Texas Clean Air Act, §382.05195, Standard Permit, and 30 Texas Administrative Code (TAC) Chapter 116, Subchapter F, Standard Permits.

DRAFT PERMIT

The draft standard permit for animal carcass incinerators is applicable to those facilities and associated equipment that are used to incinerate animal carcasses and comply with the requirements as specified by this standard permit.

The New Source Review Program under 30 TAC Chapter 116 requires any person who plans to construct any new facility or to modify any existing facility that may emit air contaminants into the air of the state to obtain a permit in accordance with §116.111, General Application, satisfy the de minimis criteria of 30 TAC §116.119, De Minimis Facilities or Sources, or satisfy the conditions of a standard permit, a flexible permit, or a permit by rule before any actual work is begun on the facility. A standard permit authorizes the construction or modification of new or existing facilities that are similar in terms of operations, processes, and emissions.

A draft standard permit is subject to the procedural requirements of §116.603, Public Participation in Issuance of Standard Permits, which includes a 30-day public comment period and a public meeting to provide an additional opportunity for public comment. The public is entitled to submit written or verbal comments regarding the proposed standard permit.

PUBLIC MEETING

A public meeting on the draft standard permit for animal carcass incinerators will be held in Austin, Texas. The meeting will be structured for the receipt of oral or written comments. Individuals may present oral statements when called upon in order of registration. Open discussion with the audience will not occur during the meeting; however, TCEQ staff members will be available to discuss the draft standard permit for animal carcass incinerators 30 minutes prior to the meeting and staff will also answer questions after the meeting. The public meeting will be held on July 28, 2005, at 9:00 a.m., at the Texas Commission on Environmental Quality in Building B, Room 201A, 12100 Park 35 Circle, Austin, Texas.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact the agency at (512) 239-1250. Requests should be made as far in advance as possible.

PUBLIC COMMENT AND INFORMATION

Copies of the draft standard permit for animal carcass incinerators may be obtained from the TCEQ Web site at http://www.tnrcc.state.tx.us/permitting/airperm/nsr_permits/files/acipc.pdf or by contacting the Office of Permitting, Remediation, and Registration, Air Permits Division, Texas Commission on Environmental Quality, at (512) 239-1250. Comments may be mailed to Blake Stewart, Office of Permitting, Remediation, and Registration, Air Permits Division, Texas Commission on Environmental Quality, MC 163, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-1070. All comments should reference the draft standard permit for animal carcass incinerators. Comments must be received by 5:00 p.m. on July 28, 2005. To inquire about the submittal of comments or for further information, contact Blake Stewart at (512) 239-6931.

TRD-200502444

Stephanie Bergeron Perdue

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: June 14, 2005


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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is July 25, 2005 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on July 25, 2005 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, §7.075 provides that comments on an AO should be submitted to the commission in writing .

(1) COMPANY: ConocoPhillips Company formerly known as Phillips Petroleum Company; DOCKET NUMBER: 2002-0351-AIR-E; TCEQ ID NUMBERS: HW-0018-P and RN102495884; LOCATION: two miles northeast of Borger on Spur 119N, Hutchinson County, Texas; TYPE OF FACILITY: petroleum refinery plant; RULES VIOLATED: 30 TAC §116.160 and §116.715(a), TCEQ Permit Number 9868A and PSD-TX-102M4, Special Conditions 2 and 5(C), and Texas Health and Safety Code (THSC), §382.085(b), by failing to operate the affected flares with no visible emissions; 30 TAC §116.160 and §116.715(a), Air Permit Numbers 9868A and PSD-TX-102M4, Special Conditions 2 and 5(B), and THSC, §382.085(b), by failing to operate the affected flares with the pilot flame present at all times; 30 TAC §116.160 and §116.715(a), Air Permit Numbers 9868A and PSD-TX-102M4, Special Conditions 2 and 30, 40 Code of Federal Regulations (CFR) §60.104(a)(1), and THSC, §382.085(b), by failing to operate the affected units with fuel hydrogen sulfide concentrations within the allowable value of less than 0.10 grains per dry standard cubic feet; 30 TAC §116.160 and §116.715(a), Air Permit Numbers 9868A and PSD-TX-102M4, Special Condition 2, 40 CFR §60.115b, and THSC, §382.085(b), by failing to show correct vapor pressure for tanks; 30 TAC §116.160 and §116.715(a), Air Permit Numbers 9868A and PSD-TX-102M4, Special Condition 4, 40 CFR §63.167(a)(2), and THSC, §382.085(b), by failing to ensure that open-ended valves were sealed with a cap, blind flange, plug, or a second valve at all times; 30 TAC §116.160 and §116.715(a), Air Permit Numbers 9868A and PSD-TX-102M4, Special Condition 12, and THSC, §382.085(b), by failing to continuously monitor and record the firebox temperature every four hours; 30 TAC §116.160 and §116.715(a), Air Permit Numbers 9868A and PSD-TX-102M4, Special Condition 44, and THSC, §382.085(b), by failing to use the proper preservation temperature for submitting samples from the cooling towers; 30 TAC §116.160 and §116.715(a), Air Permit Numbers 9868A and PSD-TX-102M4, Special Condition 3, 40 CFR §61.345(b), and THSC, §382.085(b), by failing to conduct quarterly visual inspections of the vacuum trucks; 30 TAC §116.160 and §116.715(a), Air Permit Numbers 9868A and PSD-TX-102M4, Special Conditions 2 and 3, 40 CFR §61.357(d)(7)(iv)(F) and §60.115(d)(2) and (3), and THSC, §382.085(b), by failing to submit complete quarterly reports; 30 TAC §116.160 and §116.715(a), Air Permit Numbers 9868A and PSD-TX-102M4, Special Condition 2, 40 CFR §60.698(b)(1), and THSC, §382.085(b), by failing to timely submit the semi-annual certification showing that all inspections had been conducted; 30 TAC §116.160 and §116.715(a), Air Permit Numbers 9868A and PSD-TX-102M4, Special Condition 2, 40 CFR §60.482-2(a)(1) and §61.242-1(a)(1), and THSC, §382.085(b), by failing to conduct fugitive emission monitoring; 30 TAC §116.160 and §116.715(a), Air Permit Numbers 9868A and PSD-TX-102M4, Special Condition 2, 40 CFR §60.482-7(d)(1), and THSC, §382.085(b), by failing to repair a valve within 15 days from the leak being detected; 30 TAC §116.160 and §116.715(a), Air Permit Numbers 9868A and PSD-TX-102M4, Special Condition 2, 40 CFR §60.104(a)(2), and THSC, §382.085(b), by discharging into the atmosphere sulfur dioxide (SO2) with a 12-hour rolling average concentration in excess of 250 parts per million by volume (ppmv) at 0% excess air; 30 TAC §§116.160, 116.715(a), and 101.201(b)(10), Air Permit Numbers 9868A and PSD-TX-102M4, and THSC, §382.085(b), by failing to submit complete upset reports; 30 TAC §116.715(a) and §116.710(a), Air Permit Numbers 9868A and PSD-TX-102M4, and THSC, §382.085(b), by failing to obtain authorization for the unauthorized emissions during 37 emission events which did not qualify for an affirmative defense to an enforcement action; 30 TAC §116.715(a) and §101.201(a)(2), Air Permit Numbers 9868A and PSD-TX-102M4, and THSC, §382.085(b), by failing to timely submit the initial/final upset reports; 30 TAC §116.715(a), Air Permit Numbers 9868A and PSD-TX-102M4, Special Condition 50E, and THSC, §382.085(b), by failing to submit a copy of the final sampling report within 45 days after sampling was completed; 30 TAC §116.715(a), Air Permit Numbers 9868A and PSD-TX-102M4, Special Condition 5C, and THSC, §382.085(b), by failing to operate the acid gas flare with no visible emissions; 30 TAC §116.715(a), Air Permit Numbers 9868A and PSD-TX-102M4, Special Condition 51B, and THSC, §382.085(b), by failing to perform emissions testing within 14 days of replacing the oxygen sensors; 30 TAC §116.710(a) and THSC, §382.085(b), by emitting into the atmosphere unauthorized pollutants, 30 TAC§101.211(b) and THSC, §382.085(b), by failing to submit the final report for the emission event; 30 TAC§101.201(a)(1) and THSC, §382.085(b), by failing to submit the initial emission events reports within 24 hours of discovery; 30 TAC §116.710(a) and §116.715(a) and (c)(7), Air Permit Numbers 9868A and PSD-TX-102M4, Special Condition 1, and THSC, §382.085(b), by emitting into the atmosphere unauthorized pollutants during 12 emission events; PENALTY: $427,000; STAFF ATTORNEY: Barbara L. Klein, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Amarillo Regional Office, 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(2) COMPANY: Manzoor Enterprise, Inc. dba M&M Food Mart; DOCKET NUMBER: 2003-1170-PST-E; TCEQ ID NUMBERS: 0067211 and RN101435790; LOCATION: 7448 Spencer Highway, Pasadena, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of the petroleum underground storage tanks (USTs); PENALTY: $1,600; STAFF ATTORNEY: James Sallans, Litigation Division, MC 175, (512) 239-2053; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3) COMPANY: Nasrolah Kamalie dba Lucky Way Food Store; DOCKET NUMBER: 2004-1244-PST-E; TCEQ ID NUMBERS: 45459 and RN102237385; LOCATION: 3802 Cove View Boulevard, Galveston, Galveston County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of the petroleum USTs; PENALTY: $4,000; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(4) COMPANY: Rolando Dela Cruz dba Manila Food Plaza; DOCKET NUMBER: 2004-1498-PST-E; TCEQ ID NUMBERS: 48946 and RN102224755; LOCATION: 900 East Hackberry Street, McAllen, Hidalgo County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of the petroleum USTs; PENALTY: $3,150; STAFF ATTORNEY: Justin Lannen, Litigation Division, MC R-4, (817) 588-5927; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

TRD-200502407

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: June 14, 2005


Proposed Enforcement Orders

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 July 25, 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 July 25, 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: Aegon Direct Marketing Services, Inc.; DOCKET NUMBER: 2005-0296-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 71356, Regulated Entity Number (RN) 101566941; LOCATION: Plano, Collin County, Texas; TYPE OF FACILITY: marketing facility with an on-site PST; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to provide acceptable financial assurance; PENALTY: $840; ENFORCEMENT COORDINATOR: Jill McNew, (512) 239-0560; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: Joyce Ann Mauldin dba Allsups Convenience Store; DOCKET NUMBER: 2005-0487-PST-E; IDENTIFIER: PST Registration Identification Number 27595, RN102823291; LOCATION: Wellington, Collingsworth 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: $2,560; ENFORCEMENT COORDINATOR: Dana Shuler, (512) 239-2505; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(3) COMPANY: Bollinger Houston, L.P.; DOCKET NUMBER: 2005-0630-AIR-E; IDENTIFIER: Air Account Number HG3214U, RN100219088; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: abrasive cleaning and surface painting plant; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 22561, and THSC, §382.085(b), by failing to operate within the permitted limits for volatile organic compound emissions and by failing to produce reports at the end of each calendar month that contain emission rates for the emission points; and 30 TAC §116.110(a) and THSC, §382.085(b), by failing to obtain authorization prior to commencing painting operations; PENALTY: $11,648; ENFORCEMENT COORDINATOR: Trina Greico, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(4) COMPANY: Brownsville Navigation District; DOCKET NUMBER: 2003-1227-SLG-E; IDENTIFIER: Sludge Registration Number 21816, RN103031670; LOCATION: Brownsville, Cameron County, Texas; TYPE OF FACILITY: sludge transporter service; RULE VIOLATED: 30 TAC §312.143, by failing to deposit wastes at a facility designated by, or acceptable to, the generator; 30 TAC §312.142(c) and §312.144(f), by failing to prominently mark all discharge valves and ports and maintain a copy of the registration authorization in each vehicle; and 30 TAC §312.9, by failing to timely pay sludge transporter fees; PENALTY: $3,200; ENFORCEMENT COORDINATOR: Stacey Young, (512) 239-1899; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(5) COMPANY: C. A. Popp dba C. A. Popp Texaco; DOCKET NUMBER: 2005-0580-PST-E; IDENTIFIER: PST Facility Identification Number 12320, RN102271079; LOCATION: Houston, Harris 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: $680; ENFORCEMENT COORDINATOR: Suzanne Baldwin, (512) 239-1675; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(6) COMPANY: Coastal Transport Co., Inc.; DOCKET NUMBER: 2005-0366-PST-E; IDENTIFIER: PST Facility Identification Number 29449, RN101700599; LOCATION: Cedar Park, Williamson 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: $800; ENFORCEMENT COORDINATOR: Chad Blevins, (512) 239-6017; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(7) COMPANY: Jivanji Burhani dba Corner Spot; DOCKET NUMBER: 2005-0696-PST-E; IDENTIFIER: PST Registration Identification Number 75038, RN102719036; LOCATION: Dickinson, Galveston 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: Dana Shuler, (512) 239-2505; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(8) COMPANY: Samuel Holcomb dba Holcomb Oil Recycling; DOCKET NUMBER: 2004-1026-MLM-E; IDENTIFIER: Solid Waste Registration Number 66471, Used Oil Transporter Number A85038, RN102777174; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: used oil recycling; RULE VIOLATED: 30 TAC §328.24(a) and (c), by failing to properly register as a used oil filter transporter, storage facility, and processor and by failing to submit the 2000/2001 biennial report; 30 TAC §321.1 and §324.11 and 40 Code of Federal Regulations (CFR) §279.43(a)(3) and §279.44(d), by failing to transport off-specification used oil fuel to an off-specification used oil burner and by failing to maintain records of halogen analyses; 30 TAC §324.4(2)(C)(i) and §324.12(2), by failing to properly register as a used oil processor prior to processing used oil; 30 TAC §37.2011 and §324.22 and Agreed Order Number 2002-1049-MSW-E, by failing to demonstrate proper financial assurance to the commission for soil remediation; 30 TAC §335.6(c), by failing to notify the commission of all changes to the notice of registration; 30 TAC §334.9(a)(2), by failing to submit complete and correct annual waste summaries; and 30 TAC §335.323 and the Code, §5.702, by failing to pay all outstanding non-hazardous waste generation fees; PENALTY: $11,668; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(9) COMPANY: JPO Enterprises, Inc. dba EZ Clean Car Wash; DOCKET NUMBER: 2005-0239-SLG-E; IDENTIFIER: Sludge Transporter Registration Number 23325, RN103161949; LOCATION: Edinburg, Hidalgo County, Texas; TYPE OF FACILITY: sludge transportation operation; RULE VIOLATED: 30 TAC §312.143, by failing to deposit wastes at a facility designated by, or acceptable to, the generator; 30 TAC §312.145(a) and (b)(4), by failing to maintain a record of each individual collection and deposit in the form of a trip ticket and by failing to submit their annual summary of activities; 30 TAC §312.142(c) and (f)(1), by failing to maintain a copy of the registration authorization with the assigned registration number and by failing to give notice of the office or place of business being moved; and 30 TAC §312.144(a) and (f), by failing to prominently mark any specially equipped vacuum pump truck, tank, or container with the company name, telephone number, authorization stickers, and the commission assigned registration number and by failing to prominently mark all discharge valves and ports; PENALTY: $6,300; ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(10) COMPANY: Jack Ray & Sons Oil Co., Inc.; DOCKET NUMBER: 2005-0458-PST-E; IDENTIFIER: RN101563039; LOCATION: Arlington, Tarrant 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: $1,920; ENFORCEMENT COORDINATOR: Daniel Siringi, (409) 898-3838; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(11) COMPANY: La Gloria Oil and Gas Company; DOCKET NUMBER: 2005-0342-AIR-E; IDENTIFIER: Air Account Number SK0022A, RN100222512; LOCATION: Tyler, Smith County, Texas; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Numbers R-5955, 56281, 4028, R-4902, and 21004, and THSC, §382.085(b), by failing to comply with the emission limits for sulfur dioxide; PENALTY: $10,000; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(12) COMPANY: Lyondell-Citgo Refining LP; DOCKET NUMBER: 2005-0359-AIR-E; IDENTIFIER: RN100218130; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: oil refinery; RULE VIOLATED: 30 TAC §§101.20(1) - (3), 115.352(2), 116.715(a), 40 CFR §§60.103(a), 60.104(a)(1), and 63.171(a), New Source Review (NSR) Flexible Air Permit Number 2167/PSD-TX-985, and THSC, §382.085(b), by failing to limit the hydrogen sulfide concentration, by failing to operate the wet gas scrubber at a minimum pressure drop, by failing to maintain a maximum hourly average carbon monoxide concentration, by failing to maintain the sulfur dioxide concentration, and by failing to repair three valves within 15 days of leak detection; 30 TAC §§101.20(3), 111.111(a)(4)(A)(ii), and 116.715(a), NSR Flexible Air Permit Number 2167/PSD-TX-985, and THSC, §382.085(b), by failing to note daily flare observations in the flare observation log; and 30 TAC §§101.20(3), 115.114(a)(1) and (2), and 116.715(a), 40 CFR §63.120(a)(2)(i) and (b)(1)(iii), NSR Flexible Air Permit Number 2167/PSD-TX-985, and THSC, §382.085(b), by failing to conduct the required inspections for three storage tanks; PENALTY: $105,336; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(13) COMPANY: McCormick Marketing, Inc.; DOCKET NUMBER: 2005-0611-PST-E; IDENTIFIER: PST Facility Identification Number 51989, RN101832681; LOCATION: O'Donnell, Lynn 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: $800; ENFORCEMENT COORDINATOR: Jill McNew, (512) 239-0560; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(14) COMPANY: Millennium Petrochemicals, Inc.; DOCKET NUMBER: 2005-0053-AIR-E; IDENTIFIER: Air Account Number HX1726J, RN100224450; LOCATION: La Porte, Harris County, Texas; TYPE OF FACILITY: organic chemical manufacturing; RULE VIOLATED: 30 TAC §116.115(c), New Source Permit Number 4751, and THSC, §382.085(b), by failing to comply with the emission limits; and 30 TAC §101.201(a)(1)(B) and THSC, §382.085(b), by failing to notify the regional office of a reportable emissions event; PENALTY: $10,750; ENFORCEMENT COORDINATOR: Kensley Greuter, (512) 239-2520; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(15) COMPANY: North Park Public Utility District; DOCKET NUMBER: 2005-0400-MWD-E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number 11855001, RN102185808; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: domestic wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 11855001, and the Code, §26.121(a), by failing to comply with the permitted effluent limits; PENALTY: $45,000; ENFORCEMENT COORDINATOR: Joseph Daley, (512) 239-3308; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(16) COMPANY: Penn-Cal, L.L.C.; DOCKET NUMBER: 2005-0627-AGR-E; IDENTIFIER: TPDES Permit Number 0003199000, RN102313244; LOCATION: Hico, Erath County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §321.39(b)(1), (f)(19)(A), (C) - (F), and §321.40(8) (currently 30 TAC §321.39(b)(3) and §321.40(d) - (f)), TPDES Permit Number 0003199000, and the Code, §26.121(a), by failing to maintain compliance with the waste storage ponds (WSP) and by failing to operate and maintain irrigation equipment by failing to dewater the WSP; PENALTY: $6,944; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(17) COMPANY: Richard and Rebecca Reed dba R&R Reed Recycling; DOCKET NUMBER: 2005-0265-MLM-E; IDENTIFIER: RN104310735; LOCATION: Commerce, Hunt County, Texas; TYPE OF FACILITY: salvage yard recycling; RULE VIOLATED: 30 TAC §101.201(a)(1) and THSC, §382.085(b), by failing to report an emission event and by failing to comply with the general outdoor burning prohibition; 30 TAC §116.110(a)(1) and THSC, §382.085(b), by failing to contain their emission; 30 TAC §330.5(c) and §335.4(1), by failing to prevent the disposal and dumping of municipal and industrial solid waste at an unauthorized site; 30 TAC §335.62 and 40 CFR §262.11, by failing to conduct a hazardous waste determination and waste classification; 30 TAC §328.60(a), by failing to obtain a scrape tire storage site registration; and 30 TAC §281.25(a)(4) and 40 CFR §122.26(a), by failing to obtain authorization to discharge storm water associated with industrial activity; PENALTY: $16,728; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(18) COMPANY: Sabine Valley Center dba Oak Haven Recovery Center; DOCKET NUMBER: 2004-1860-MWD-E; IDENTIFIER: TPDES Permit Number 11361001, RN101525608; LOCATION: Marshall, Harrison County, Texas; TYPE OF FACILITY: domestic wastewater; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 11361001, and the Code, §26.121(a), by failing to comply with the permitted discharge limits for total suspended solids and dissolved oxygen; PENALTY: $1,680; ENFORCEMENT COORDINATOR: Ruben Soto, (512) 239-4571; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(19) COMPANY: Dae Kwang Kim dba Times Market 121; DOCKET NUMBER: 2005-0279-PST-E; IDENTIFIER: PST Facility Identification Number 32920, RN102379021; LOCATION: Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(5)(A)(i) and (B)(ii) and the Code, §26.3467(a), by failing to ensure that the owner or operator had a valid, current delivery certificate and by failing to renew the underground storage tank registration (UST) and self-certification form; 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475(a) and (c)(1), by failing to test a line leak detector and by failing to monitor USTs and pressurized piping for releases; PENALTY: $12,400; ENFORCEMENT COORDINATOR: Lori Thompson, (903) 535-5100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(20) COMPANY: Total Petrochemicals USA, Inc.; DOCKET NUMBER: 2005-0146-AIR-E; IDENTIFIER: Air Account Number HG0036S, RN100212109; LOCATION: La Porte, Harris County, Texas; TYPE OF FACILITY: organic chemical manufacturing; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Numbers 21538 and 3908B, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $13,900; ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-200502400

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: June 14, 2005


Texas Ethics Commission

List of Late Filers

Listed below are the names of filers from the Texas Ethics Commission who did not file reports, or failed to pay penalty fines for late reports in reference to the listed filing deadline. If you have any questions, you may contact Robbie Miller at (512) 463-5800 or (800) 325-8506.

Deadline: 8 Days Before an Election Report Due October 25, 2004

Harold V. Dutton, Jr., 4432 Rawley, Houston, Texas 77020

Deadline: Semiannual GPAC/SPAC Report Due January 18, 2005

Ralph Buller, Citizens for New Braunfels First, 319 N. Main Avenue, San Antonio, Texas 78205-1413

Raymond H. Langhaim, Keep Our Kids Safe, 101-C N. Greenville Avenue, PMB #603, Allen, Texas 75002

Bart C. Standley, Campaign for Houston, 5440 Alder, Houston, Texas 77081

Deadline: Semiannual J/COH Report Due January 18, 2005

Bernald Fred Ashmead, 1348 Gardenia, Houston, Texas 77018

Yvonne Davis, P.O. Box 763368, Dallas, Texas 75376-3368

Milton I. Fagin, P.O. Box 100777, San Antonio, Texas 78201

Andrew Butler Hill, 3933 Bunting Avenue, Fort Worth, Texas 76107-2610

Rick W. Neudorff, 2307 Bengal, Plano, Texas 75023

Bonnie Rangel, 500 E. San Antonio #601, El Paso, Texas 79901

Deadline: Monthly Report Due April 5, 2005

Ronald Martin, Houston Police Officers Union PAC, 1602 State Street, Houston, Texas 77007

Deadline: Lobby Activities Report Due January 10, 2005

Tony Korioth, P.O. Box 161000, Austin, Texas 78716

Pamela R. Beachley, 906 Rio Grande Street, Austin, Texas 78701

Ervin E. Schroeder, 5618 Highway 332 East, Freeport, Texas 77541

James L. Frey, P.O. Box 40, Lorena, Texas 76655-0040

Sandra L. Tyler, 2828 N. Haskell Street, Dallas, Texas 75204

Allen K. Horne, 4817 Malaquita Branch, Austin, Texas 78738

Melinda Wheatley, 208 Westhaven Drive, Austin, Texas 78746-4443

Martin L. Allday III, P.O. Box 27564, Houston, Texas 77227

Craig Douglas, 1717 West Sixth Street, Suite 300, Austin, Texas 78703

Michael Cushman, 401 W. 15th Street, Austin, Texas 78701

Noe Rangel, 755 E. Mulberry, Suite 200, San Antonio, Texas 78212

Melodie Stegall, 3600 W. Parmer Lane, Suite 120, Austin, Texas 78727

Tammy Dowe, 1293 Eldridge Parkway, Houston, Texas 77077

Lara Kennedy, 9600 Great Hills Trail, Suite 150W, Austin, Texas 78759

Monty W. Wynn, Texas Children's Hospital, 6621 Fannin Street, Houston, Texas 77030-2399

E. J. Agbonayinma, P.O. Box 1111, Stafford, Texas 77497

Deadline: Lobby Activities Report Due February 10, 2005

Blanca Laborde, 2100 LaCasa Drive, Austin, Texas 78704

Deadline: Lobby Activities Report Due March 10, 2005

Melinda Wheatley, 208 Westhaven Drive, Austin, Texas 78746-4443

Deadline: Lobby Activities Report Due April 11, 2005

Melinda Wheatley, 208 Westhaven Drive, Austin, Texas 78746-4443

Frank Jackson, 701 Brazos #500, Austin, Texas 78701

Mark Seale, 1122 Colorado Street, Suite 111-A, Austin, Texas 78701

Deadline: Lobby Activities Report Due May 10, 2005

Melinda Wheatley, 208 Westhaven Drive, Austin, Texas 78746-4443

Mark Seale, 1122 Colorado Street, Suite 111-A, Austin, Texas 78701

Connie Roberts, 11107 Heron Cove, Austin, Texas 78759

Deadline: Personal Financial Statement Due April 30, 2004

Raymond T. Meza, 3126 Oak Mountain Trail, San Angelo, Texas 76904

TRD-200502391

David Reisman

Executive Director

Texas Ethics Commission

Filed: June 13, 2005


Department of State Health Services

Licensing Actions for Radioactive Materials

TRD-200502378

Cathy Campbell

General Counsel

Department of State Health Services

Filed: June 10, 2005


Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on Dimmitt County Memorial Hospital

Notice is hereby given that the Department of State Health Services (department) issued a notice of violation and proposal to assess an administrative penalty to Dimmitt County Memorial Hospital (registrant - R01345-000) of Carrizo Springs. A total penalty of $4,000 is proposed to be assessed the registrant for alleged violations of 25 Texas Administrative Code, Chapter 289.

A copy of all relevant material is available, by appointment, for public inspection at the Department of State Health Services, Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200502377

Cathy Campbell

General Counsel

Department of State Health Services

Filed: June 10, 2005


Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on Terry H. Peters, D.C.

Notice is hereby given that the Department of State Health Services (department) issued a notice of violation and proposal to assess an administrative penalty to Terry H. Peters, D.C. (registrant - R18219-002) of San Antonio. A total penalty of $4,000 is proposed to be assessed the registrant for alleged violations of 25 Texas Administrative Code, Chapter 289.

A copy of all relevant material is available, by appointment, for public inspection at the Department of State Health Services, Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200502376

Cathy Campbell

General Counsel

Department of State Health Services

Filed: June 10, 2005


Texas Health and Human Services Commission

Notice of Hearing on Proposed Nursing Facility Payment Rates for State Veterans Homes

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on June 28, 2005, to receive public comment on proposed payment rates for state-owned veterans nursing facilities. These nursing facilities are in the nursing facility program operated by the Texas Department of Aging and Disability Services. The SFY 2005 payment rates are proposed to be effective July 1, 2005, for McAllen and August 1, 2005, for El Paso to correspond with the opening dates of those facilities. The SFY 2006 payment rates are proposed to be effective September 1, 2005, for both areas. The hearing will be held in compliance with Title 1 of the Texas Administrative Code (TAC) §355.105(g), which requires public hearings on proposed payment rates. The public hearing will be held on June 28, 2005, at 9:00 a.m. in the Permian Basin Room of Building H, Braker Center at 11209 Metric Boulevard, Austin, Texas 78758-4021. Written comments regarding the proposed payment rates may be submitted in lieu of testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Maria Ebenhoeh, HHSC Rate Analysis, MC H-400, 1100 West 49th Street, Austin, Texas 78756-3101. Express mail can be sent, or written comments can be hand delivered, to Ms. Ebenhoeh, HHSC Rate Analysis, MC H-400, Braker Center Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021. Alternatively, written comments may be sent via facsimile to Ms. Ebenhoeh at (512) 491-1998. Interested parties may request to have mailed to them or may pick up a briefing package concerning the proposed payment rates by contacting Ms. Ebenhoeh, HHSC Rate Analysis, MC H-400, 1100 49th Street, Austin, Texas 78756-3101.

Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Ms. Ebenhoeh, HHSC Rate Analysis, MC H-400, 1100 49th Street, Austin, Texas 78756-3101 by June 23, 2005, so that appropriate arrangements can be made.

Proposal. As the single state agency for the state Medicaid program, HHSC proposes the following per day payment rates for the state-owned veterans nursing facilities:

(1) Effective July 1, 2005: McAllen, $127.00; and

(2) Effective August 1, 2005: El Paso, $127.00.

HHSC proposes the following per day payment rates for the state-owned veterans nursing facilities effective September 1, 2005:

(1) McAllen, $133.00; and

(2) El Paso, $133.00.

The proposed rates for each nursing facility are based upon the state veterans home semi-private basic daily rate in effect on the first day of the rate period in accordance with 1 TAC §355.111(d). These rates will be reconciled retrospectively based on actual costs in accordance with 1 TAC §355.311(j).

Methodology and justification. The proposed rates were determined in accordance with the rate reimbursement setting methodology at 1 TAC §355.511(d).

TRD-200502428

Wendy Pellow

Assistant General Counsel

Texas Health and Human Services Commission

Filed: June 14, 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 consulting services for technical assistance (RFP #529-05-0115A). HHSC seeks to procure technical expertise to assist in the strategic development, implementation, and evaluation of a Texas healthy marriage initiative pursuant to this RFP.

HHSC is soliciting for consulting services to ensure that HHSC has the necessary technical expertise to strategically develop, implement, and evaluate a Texas healthy marriage initiative. The successful bidder will serve as a resource for the Commission and will provide guidance for research related to marriage in Texas, provide guidance in the development of capacity to deliver training related to marriage across a wide array of audiences, and have demonstrated expertise in promoting and/or implementing public marriage policy for state government(s).

The RFP is located in full on HHSC's Business Opportunities Page under HHSC 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 22, 2005.

The successful contractor will be expected to provide technical assistance necessary in the planning, development, and implementation of effective and efficient programs utilizing major federal grants.

Health and Human Services Commission's Sole Point-Of-Contact For Procurement

Jeff Johnson

Manager, Family and Community Services

Health and Human Services Commission

909 W. 45th Street, Building 2

Austin, Texas 78711-2668

(512)-206-5187

jeff.johnson@hhsc.state.tx.us

All questions regarding the RFP must be sent in writing to the above-referenced contact by 5 p.m. Central Time on July 1, 2005. HHSC will post all written questions received with HHSC's responses on its website on July 6, 2005, or as they become available. All proposals must be received at the above-referenced address on or before 5 p.m. Central Time on July 12, 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-200502375

David Brown

Assistant General Counsel

Texas Health and Human Services Commission

Filed: June 10, 2005


Texas Department of Housing and Community Affairs

Notice of Public Hearing

Low-Income Home Energy Assistance Program (LIHEAP) PY 2006

For the fiscal year that begins October 1, 2005, the Texas Department of Housing and Community Affairs (TDHCA) anticipates receiving federal funds to continue the operation of certain programs that assist very low-income Texans with home energy. While in the process of deciding how to use Low-Income Home Energy Assistance Program (LIHEAP) funds, TDHCA now seeks opinions of groups affected by LIHEAP programs as well as opinions of other interested citizens.

As part of the public information, consultation, and public hearing requirements for the Low-Income Home Energy Assistance Program, the Community Affairs Division of the Texas Department of Housing and Community Affairs (TDHCA) will conduct one public hearing (in addition to posting the proposed plan on the TDHCA internet site). As its primary purpose, the hearing solicits comments on the proposed use and distribution of federal fiscal year (FFY) 2006 funds provided under LIHEAP. LIHEAP provides funding for the Weatherization Assistance Program (WAP) and Comprehensive Energy Assistance Program (CEAP).

The public hearing has been scheduled as follows:

Tuesday, July 19, 2005, 2:00 p.m.

Room #436, TDHCA Headquarters,

507 Sabine St.

Austin, Texas 78701

A representative from TDHCA will explain the planning process and receive comments from interested citizens and affected groups regarding the proposed plan for LIHEAP subrecipients (Intended Use Report). A copy of the Intended Use Report may be obtained after July 5, 2005, through TDHCA's web site, http://www.tdhca.state.tx.us/ea.htm or by contacting the Texas Department of Housing and Community Affairs, Community Affairs Division, Energy Assistance Section, P.O. Box 13941, Austin, Texas 78711-3941, or by phone at (512) 475-1435.

Anyone may submit comments on the intended use of funds in written form or oral testimony at the public hearing. TDHCA must receive written comments no later than 5:00 p.m., July 21, 2005. Comments concerning the Intended Use Report may be submitted via the Internet at john.touchet@tdhca.state.tx.us or by fax (512) 475-3935 or through John Touchet at TDHCA using the postal service address provided above. If you have any questions regarding the public hearing process or any of the programs referenced above, please contact TDHCA, Community Affairs Division, Energy Assistance Section.

Individuals who require auxiliary aids or services for this meeting should contact Ms. Gina Esteves at (512) 475-3943 or Relay Texas at 1-800-735-2989 at least two days before the meeting so that appropriate arrangements can be made.

Non-English speaking individuals who require interpreters for this meeting should contact John Touchet, (512) 475-1435 at least three days before the meeting so that appropriate arrangements can be made.

Personas que hablan español y requieren un intérprete, favor de llamar a Jorge Reyes al siguiente número (512) 475-4577 por lo menos tres días antes de la junta para hacer los preparativos apropiados.

TRD-200502374

Edwina P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: June 10, 2005


Notice of Public Hearing

Multifamily Housing Revenue Bonds (Plaza at Chase Oaks Apartments) Series 2005

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Issuer") at Rasor Elementary, 945 Hedgcoxe, Plano, Texas 75025, at 6:00 p.m. on July 11, 2005 with respect to an issue of tax-exempt multifamily residential rental development revenue bonds in an aggregate principal amount not to exceed $15,000,000 and taxable bonds, if necessary, in an amount to be determined, to be issued in one or more series (the "Bonds"), by the Issuer. The proceeds of the Bonds will be loaned to UHF Chase Oaks Housing, L.P., a limited partnership, or a related person or affiliate thereof (the "Borrower") to finance a portion of the costs of acquiring, constructing, equipping and rehabilitating a multifamily senior housing development (the "Development") described as follows: 240-unit multifamily residential senior rental development to be located on the east side of Chase Oaks Boulevard and approximately 0.25 miles north of Legacy Drive, Plano, Collin County, Texas. Upon the issuance of the Bonds, the Development will be owned by the Borrower. 

All interested parties are invited to attend such public hearing to express their views with respect to the Development and the issuance of the Bonds. Questions or requests for additional information may be directed to Robbye Meyer at the Texas Department of Housing and Community Affairs, 507 Sabine, Austin, Texas 78701; (512) 475-2213; and/or robbye.meyer@tdhca.state.tx.us.

Persons who intend to appear at the hearing and express their views are invited to contact Robbye Meyer in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to Robbye Meyer prior to the date scheduled for the hearing. Individuals who require a language interpreter for the hearing should contact Robbye Meyer at least three days prior to the hearing date. Personas que hablan español y requieren un intérprete, favor de llamar a Jorge Reyes al siguiente número (512) 475-4577 por lo menos tres días antes de la junta para hacer los preparativos apropiados.

Individuals who require auxiliary aids in order to attend this meeting should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943 or Relay Texas at (800) 735-2989 at least two days before the meeting so that appropriate arrangements can be made.

TRD-200502442

Edwina P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: June 14, 2005


Texas Department of Insurance

Company Licensing

Application for admission to the State of Texas by MEMIC INDEMNITY COMPANY, a foreign Fire and/or Casualty company. The home office is in Manchester, NH.

Application to change the name of INDUSTRIAL UNDERWRITERS INSURANCE COMPANY to CARDIF PROPERTY AND CASUALTY INSURANCE COMPANY, a domestic Fire and/or Casualty company. The home office is in Irving, TX.

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-200502488

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: June 15, 2005


Midwestern State University

Request for Proposals - Outside Counsel

REQUESTOR:

Board of Regents

Midwestern State University

3410 Taft Blvd.

Wichita Falls, TX 76308

STATEMENT OF PURPOSE:

The Board of Regents of Midwestern State University is requesting proposals for the purpose of retaining a firm to act as the university’s outside counsel.

INSTRUCTIONS TO PROPOSERS:

1. All proposals must be in a sealed envelope and clearly marked: "Sealed Proposal-Outside Counsel Services." All proposals must be received by 5:00 p.m., Monday, July 18, 2005.

2. Ten (10) copies of the proposal are required and may be mailed to: Midwestern State University, ATTN: Debbie Barrow, Executive Assistant, 3410 Taft Blvd., Wichita Falls, TX 76308 or hand delivered to 3410 Taft Blvd., Room 107, Hardin Administration Building, Wichita Falls, TX by 5:00 p.m., July 18, 2005. Each proposal should indicate the name and phone number of the principal contact for the firm.

3. Questions or comments concerning this request for proposals should be directed to: Dr. Jesse W. Rogers, President, Midwestern State University, 3410 Taft Blvd., Wichita Falls, TX 76308, (940) 397-4211.

4. The Board intends to select a firm at its meeting August 5, 2005. The selected firm will be notified on or about August 19, 2005.

5. The Board shall submit its selection to the Texas State Attorney General for final approval.

TERMS AND CONDITIONS:

1. The Board reserves the right to reject any or all proposals or to award the contract to the next most qualified firm if the successful firm does not execute a contract within thirty (30) days after the award of the proposal.

2. The Board reserves the right to request clarification of information submitted and to request additional information of one or more applicants.

3. The Board and staff will perform an evaluation of the selected firm’s performance as necessary, and the Board shall have the right to terminate its contract by specifying the date of termination in a written notice to the firm at least thirty (30) working days before the termination date. In this event, the firm shall be entitled to just and equitable compensation for any satisfactory work completed.

4. Any agreement or contract resulting from acceptance of a proposal shall be on forms either supplied by or approved by the Attorney General. The Board reserves the right to reject any agreement that does not conform to the request for proposals and any Board requirements for agreements and contracts.

5. The selected firm shall not assign any interest in the contract and shall not transfer any interest in the same without prior written consent of the Board.

ELIGIBLE PROPOSERS

1. The Midwestern State University Board of Regents will only consider proposals from law firms licensed in Texas.

2. Counsel must have prior legal experience with public, non-profit organizations. Experience with state agencies and an interest in education will be viewed favorably in the selection process.

3. Counsel must agree to work closely with the President of the University in matters submitted to Counsel for review.

4. Counsel must agree to attend any and all Board of Regents meetings, which are held no less than quarterly on the campus of Midwestern State University, Wichita Falls, Texas. Counsel’s attendance would only be required at the request of the Board and adequate notice would be provided.

5. Counsel must maintain malpractice insurance in an amount of not less $1,000,000.

SCOPE OF SERVICES:

The selected firm will provide the following services:

1. In all situations where assistance is required by the Office of the Attorney General on litigation or general counsel matters being handled by the Office of the Attorney General, or where the Office of the Attorney General defers the matter to outside counsel.

2. In situations where expertise in school law and policy is required.

3. In situations where prior knowledge or experience with the particular facts or issues in the matter or where other unusual circumstances exist which would facilitate the most timely and economical handling of the matter.

4. In emergency and other situations that require a response time that the Office of the Attorney General cannot reasonably provide.

5. In situations involving personal meetings or conferences where the charges for legal fees and expenses for travel by the Office of the Attorney General would result in a total cost greater than could be obtained by using the outside counsel.

QUALIFICATIONS:

1. Describe how the firm is organized and how its resources will be put to work for MSU.

2. List the firm’s most recent three (3) years of experience in higher education, school law, state agency or public, non-profit organizations relationships. State the term of the relations, briefly describe the work performed, and include the names, addresses and phone numbers of contact persons.

3. Affirm that no individual in the firm has represented any client in any matter pending before Midwestern State University during the previous six-month period.

PERSONNEL:

1. Indicate which individuals in the firm would be assigned in a direct, on-going working relationship with the Board and staff and include their resumes. Indicate the role these individuals assumed in the three-year history of higher education, school law, state agency or public, non-profit organizations relationships as described in subsection 2 of the QUALIFICATIONS section.

2. Indicate the availability of individuals described in subsection 1 of this section.

3. Include a description of your firm’s Affirmative Action program and include any strides made in the employment of women and minorities.

COMPENSATION:

Explain the firm’s proposed hourly fee schedule and the projected annual cost for the scope of services detailed in this RFP. If the firm proposes that the university bear the cost of incidental expenses associated with these services, clearly state what type of incidental expense and estimated costs the university would be expected to bear.

TRD-200502485

Jesse W. Rogers

President

Midwestern State University

Filed: June 15, 2005


Permian Basin Workforce Development Board

Services to Eligible Persons Under the Workforce Investment Act (WIA)

The Permian Basin Workforce Development Board (PBWDB) issues this public notice of its annual strategic and operational Plan Modification. PBWDB is responsible for the implementation of workforce development programs throughout its Board area, which includes the following counties: Andrews, Borden, Crane, Dawson, Ector, Gaines, Glasscock, Howard, Loving, Martin, Midland, Pecos, Reeves, Terrell, Upton, Ward, Winkler.

Available to the public is a PBWDB draft of the strategic and operational Plan Modification for the plan year of July 1, 2005 - June 30, 2006. The public comment period will begin Wednesday, June 15, 2005 and will end at noon on Monday, July 18, 2005. The general public may access the document Monday - Friday, 8 a.m. - 5 p.m. at 2911 La Force Blvd., Midland, Texas. Public comments must be submitted in writing attention: Willie Taylor-Plan Modification, PBWDB, P.O. Box 61947, Midland, Texas 79711, or by fax to (432) 561-8785.

The deadline to receive comments is 12 noon on July 18, 2005. All comments will be incorporated as part of the Board's Plan Modification. The Permian Basin Workforce Development Board is an equal opportunity organization.

TRD-200502397

Gail Dickenson

Deputy Director

Permian Basin Workforce Development Board

Filed: June 14, 2005


Public Utility Commission of Texas

Correction of Error

The Public Utility Commission of Texas (PUC) published a Notice of Application for Authority to Surcharge Fuel Under-Recovery in the May 27, 2005, issue of the Texas Register (30 TexReg 3169).

In the first and fourth paragraphs on page 3170, the notice cites "Docket Number 30165" in error. The correct cite is "Docket Number 31065".

TRD-200502410


Notice of Application for a Certificate to Provide Retail Electric Service

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on June 6, 2005, for retail electric provider (REP) certification, pursuant to Public Utility Regulatory Act (PURA) §§39.101 - 39.109. A summary of the application follows.

Docket Title and Number: Application of Retail Power Supply, LP for Retail Electric Provider (REP) Certification, Docket Number 31197 before the Public Utility Commission of Texas.

Applicant's requested service area by geography includes the geographic area of the Electric Reliability Council of Texas (ERCOT).

Persons wishing 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 July 1, 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 31197.

TRD-200502369

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 9, 2005


Notice of Application for a Certificate to Provide Retail Electric Service

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on June 7, 2005, for retail electric provider (REP) certification pursuant to Public Utility Regulatory Act (PURA) §§39.101 - 39.109. A summary of the application follows.

Docket Title and Number: Application of 1-800-RECONEX for Retail Electric Provider (REP) certification, Docket Number 31205 before the Public Utility Commission of Texas.

Applicant's requested service area by geography includes the entire State of Texas.

Persons wishing 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 July 1, 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 31205.

TRD-200502372

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 10, 2005


Notice of Application to Relinquish a Service Provider Certificate of Operating Authority

On June 3, 2005, Intermedia Communications, LLC 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 60082. Applicant intends to relinquish its certificate.

The Application: Application of Intermedia Communications, LLC to Relinquish its Service Provider Certificate of Operating Authority, Docket Number 31188.

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 29, 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 31188.

TRD-200502344

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 8, 2005


Office of the Secretary of State

Notice of Consultant Contract Award

The Office of the Secretary of State ("SOS"), in accordance with Chapter 2254 of the Texas Government Code, has awarded a consultant contract to Mr. Bob Rasmussen, 7916 FM 1117, Nixon, Texas, for services to the Chairman of the 2005 Base Realignment and Closure Commission ("BRAC"). Effective date of the consultant contract is June 6, 2005, with a preliminary report due to the Chairman of the Strike Force on or before July 11, 2005, and a final comprehensive report due on or before September 7, 2005, the ending date of the contract, subject to extension at the option of SOS. Estimated cost for the initial term of the contract (exclusive of any options to renew) is $55,000, including reimbursable travel and other related consulting services expenses.

In accordance with Texas Government Code, Chapter 2254, Governor Rick Perry granted a limited waiver to provisions of Chapter 2254 because there is a substantial need for the consulting services to be provided given the short time period for preparing for a July 11, 2005 BRAC Regional Hearing in San Antonio. Further, the SOS cannot adequately perform the services solely with its own internal personnel or obtain the same or similar consulting services through a relationship with any other individual state agency. An emergency exists with respect to the timing of the presentation of the fact-based, objective case to the 2005 BRAC Regional Hearing on July 11, 2005, which prevents the SOS from providing the necessary resources using internal agency staff or through other state agency staff.

Governor Perry issued Executive Order RP-43 to create the Texas BRAC Response Strike Force. The Strike Force is charged with coordinating Texas' efforts to preserve military installations that the Department of Defense has recommended for closure. The Governor appointed Secretary of State Roger Williams as Chairman of the BRAC Strike Force.

The following military installations in Texas have been recommended for closure: Naval Station, Ingleside; Red River Army Depot, Texarkana; Lone Star Ammunition Plant, New Boston; and Brooks City-Base, San Antonio. Estimated economic impact to Texas is $1 billion.

Mr. Rasmussen is the former Director of Greater Kelly Redevelopment Authority in San Antonio. He participated in the preparation of a Regional Hearing position for Kelly Air Force Base, and has made numerous presentations before BRAC Commissioners. He was instrumental in providing data analysis and factual information as required by the Air Force and Department of Defense. He was named to head the successful Kelly USA initiative, which has redeveloped much of Kelly AFB following its closing during the 1995 BRAC round. Consequently, Mr. Rasmussen is uniquely qualified to work in the field of the provision of BRAC consulting services.

Questions concerning this notice may be directed to Benjamin M. Hanson, Chief of Staff and General Counsel, (512) 463-5770, bhanson@sos.state.tx.us.

TRD-200502445

Benjamin M. Hanson

Chief of Staff and General Counsel

Office of the Secretary of State

Filed: June 15, 2005


Texas A&M University, Board of Regents

Request for Information

The Texas A&M University System (A&M System) requests information from law firms interested in representing the System in bond matters. This RFI is issued for the purpose of establishing (for the biennium beginning September 1, 2005) a referral list from which the A&M System, by and through its Office of General Counsel, will select appropriate counsel for representation on specific bond matters and securities law issues as the need arises. These needs include the usual and necessary services of a bond counsel in connection with issuance, sale and delivery of bonds, notes, and commercial paper.

Description. The A&M System comprises nine universities, seven state agencies and a health science center in Texas. Public bond issuance is conducted under two major programs and is rated by at least two major rating agencies. Bonds are issued under authority granted the System in Article VII, §18 of the Texas Constitution (Permanent University Fund). A flexible rate note program with an authorized limit of $80 million is frequently used to finance capital improvement needs of the program. Note sales are normally conducted once or twice each year. As of May 31, 2005, $10 million is issued and outstanding. Current and advance refunding of Permanent University Fund bonds are conducted periodically based on potential savings opportunities. Under authority granted in Chapter 55, Texas Education Code and Chapters 1207 and 1371, Texas Government Code, and other applicable laws, the A&M System also issues revenue bonds for capital improvements. The A&M System employs a revenue bond program, which offers a combined pledge of all legally available revenues with certain exceptions (the Revenue Financing System). A commercial paper program is used for interim financing with long-term bonds sold to provide more permanent financing. The commercial paper program is presently authorized up to $200 million. As of May 31, 2005, the amount of issued and outstanding commercial paper is $200 million. A bond issue sold June 2, 2005 and scheduled to close June 30, 2005 will reduce the amount of commercial paper outstanding to approximately $33 million. Current and advance refunding of bonds and escrow restructures of previously defeased bonds, based on market opportunities, may be expected. Federal tax related matters regarding bonds issued by the A&M System, including strategies and management practices in the conduct of a debt program, requires a close working relationship with bond counsel. Contact is frequent, particularly in regard to the Revenue Financing System program due to the significant level of capital improvements anticipated throughout the System over the next two years. The A&M System invites responses to this RFI from qualified firms for the provision of such legal services under the direction and supervision of the A&M System's Office of General Counsel. Once the most qualified candidate(s) is selected, the A&M System will negotiate in good faith to award a contract. If negotiations are unsuccessful, the A&M System will negotiate with another qualified firm to provide bond counsel services.

Responses. 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, including the firm's prior experience in bond issuance matters and securities law issues; [2] the names, experience, and technical expertise of the attorneys who may be assigned to work on such matters; [3] 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 bond matters in particular; [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 A&M 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 A&M System and the Attorney General of the State of Texas.

Format and Person to Contact. Three copies of the response are requested. The response should be typed, preferably double-spaced, on 8-1/2 by 11-inch paper with all pages sequentially numbered, either stapled or bound together. Responses should be sent by mail or delivered in person, marked "Response to Request for Information" and addressed to:

Delmar L. Cain, General Counsel

Office of General Counsel

The Texas A&M University System

200 Technology Way, Suite 2087

College Station, Texas 77845-3424

Telephone (979) 458-6122 for questions

Deadline for Submission of Response. All responses must be received by the Office of General Counsel of The Texas A&M University System at the address set forth above not later than 5:00 p.m., July 15, 2005.

TRD-200502486

Thelma Isenhart

Assistant Executive Secretary to the Board

Texas A&M University, Board of Regents

Filed: June 15, 2005


Texas Department of Transportation

Public Notice - Hidalgo County Regional Mobility Authority

The Texas Department of Transportation (department) will conduct a public hearing to receive comments on the proposed formation of the Hidalgo County Regional Mobility Authority ("Hidalgo County RMA") by Hidalgo County (the "county").

On April 21, 2005, the county filed a revised petition requesting authorization from the Texas Transportation Commission to form the Hidalgo County RMA. As proposed, the Hidalgo County RMA would encompass the boundary of the county, and would be governed by a board of directors of seven members. Six of the board members would be appointed by the Hidalgo County Commissioners Court. In addition to the board members appointed by the county, the presiding officer of the board will be appointed by the Governor. The initial project of the Hidalgo County RMA will be an approximately 9.9 mile project known as the South Truck/Haz-Mat Connector from U.S. 281 to U.S. 83. The project will consist of new right of way for the entire length of the segment.

Pursuant to Title 43, Texas Administrative Code, §26.12, the department will hold a public hearing on the date, time, and location indicated below to receive public comments and assess the level of public support concerning the proposed Hidalgo County RMA:

Wednesday, July 13, 2005, 6:00 p.m.

Hidalgo County Commissioner’s Court Room

First Floor, Administration Building

100 E. Cano

Edinburg, Texas 78539

All interested citizens are invited to attend the public hearing and to provide input. Those desiring to make official comments may register starting at 5:30 p.m. Oral and written comments may be presented at the public hearing, or written comments may be submitted by mail. To be included in the official record of the public hearing, written comments must be received by 5:00 p.m. on August 3, 2005. Written comments should be mailed to: Doug Woodall, P.E., Director of Turnpike Planning and Development, Texas Turnpike Authority Division, Texas Department of Transportation, 125 E. 11th Street, Austin, Texas 78701-2483.

Persons with disabilities who plan to attend the public hearing and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print, or Braille, are requested to contact Godfrey Garza, Jr., at (956) 292-7080 at least two business days prior to the hearing, so that appropriate arrangements can be made.

A copy of Hidalgo County’s petition to the Texas Transportation Commission is available for inspection at the offices of the Hidalgo County Right of Way Department located at 902 N. Doolittle in the City of Edinburg.

TRD-200502399

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: June 14, 2005


Texas Water Development Board

Request for Applications for an Inventory of Springs in 71 Texas Counties

The Texas Water Development Board (TWDB or Board) requests the submission of Requests for Applications from interested applicants leading to the possible award of contracts for state Fiscal Years 2006 and 2007 to conduct an inventory of springs in 71 Texas counties. The total amount of the grant awarded by TWDB shall not exceed $110,000, as administered through the TWDB’s Water Assistance Fund from funds provided by the Texas Water Assessment Allocation Program through the U.S. Army Corps of Engineers. Rules governing the funding (31 Texas Administrative Code, Chapter 355) are available upon request from the Board, or may be found at the Secretary of State’s Internet address: {http://www.sos.state.tx.us/tac/}; then sequentially select, "TAC Viewer," "Title 31," "Part 10," and "Chapter 355." Guidelines for responding to the Request for Applications, which include an application form and detailed information on the research topic, will be available at the TWDB’s website at: {http://www.twdb.state.tx.us/publications/requestforproposals/requestsforproposals_index.asp}, or will be provided upon request.

Description of the Research Objectives and Purpose

In 1981, Gunnar Brune published a book titled Springs of Texas that is widely recognized as the definitive reference guide on Texas springs. The book includes information on the major and historical springs from 183 of the 254 Texas counties. Information on the springs is useful to regional water planning organizations, allows groundwater management districts to have a greater understanding of the interaction between surface and groundwater, and improves conceptual models and boundary conditions in groundwater and surface-water availability models.

The purpose of this study is to systematically catalog and describe springs in the remaining 71 counties and complete a database of Texas springs. Most of the 71 counties are located in the Edwards Plateau region west of Austin, the northeast central region of Texas, and some counties in southern Texas. Initial work will involve identification of springs in the 71 counties from information provided by U.S. Geological Survey topographic maps and interviews of local residents. All springs in the TWDB database and those identified from this research will be digitized on the digital versions of U.S. Geological Survey topographic maps (1:24000) and Bureau of Economic Geology Geologic Atlas of Texas maps using ArcView 9.0.

A second phase of field surveys on 800 to 900 significant springs identified during initial research will include verification of spring existence, estimates of current flows and water quality, as well as documentation of the springs’ histories, ecological surroundings, and locations. Spring locations will be documented with a Global Positioning System unit and photographed. Documentation of ecological surroundings will include descriptions of wetland and aquatic vegetation and species and surrounding plant communities if applicable. Location, current flow, water quality, and related information in addition to digital photographs and scanned image files of ecological descriptions and spring histories will be made available to the TWDB in the proper electronic format for inclusion in their groundwater database. The final report will include description of the project, methodologies, and a database of spring information.

Description of Applicant Criteria

The applicant should: (1) demonstrate prior experience in the research topic; (2) be able to review, research, analyze, evaluate, and interpret data and research findings; and (3) have excellent oral presentation and writing abilities. If the applicant is short-listed, the applicant should be prepared to make an oral presentation to TWDB staff. The scope of work, schedule, and contract amount will be negotiated after the TWDB selects the most qualified applicant. Failure to reach a negotiated contract may result in subsequent negotiations with the next-most qualified applicant; however, a negotiation will not occur with applicants who are determined by the TWDB to be unqualified or otherwise unsuited to perform the requested research. Applicants selected to conduct the research may be required to present the results of their research at one or more of TWDB’s monthly public meetings or a TWDB staff meeting.

Deadline for Submittal, Review Criteria and Contact Person for Additional Information

Historically Underutilized Businesses are encouraged to submit statements of qualifications and/or participate as sub-contractors in the water research program. Ten double-sided, double-spaced copies of a completed Request for Applications must be filed with the Board prior to 5:00 PM, July 8, 2005 . Respondents to this request shall limit their Applications to the size previously mentioned, excluding the resumes of the project team members. Applications can be directed either in person to Ms. Phyllis Thomas, Texas Water Development Board, Stephen F. Austin Building, Room 537, 1700 North Congress Avenue, Austin, Texas; or by mail to Ms. Phyllis Thomas, Texas Water Development Board, P.O. Box 13231--Capitol Station, Austin, Texas 78711-3231. All applicants must contact the TWDB to obtain TWDB’s guidelines for responding to the Request for Applications. Requests for information and the Board’s guidelines for responding to the Request for Applications should be directed to Ms. Phyllis Thomas at the preceding address, by calling (512) 463-3154, or by e-mail to: {phyllis.thomas@twdb.state.tx.us}.

TRD-200502441

Suzanne Schwartz

General Counsel

Texas Water Development Board

Filed: June 14, 2005


Request for Proposals for the Analysis of Water Quality Samples During FY 2006

The Texas Water Development Board (TWDB) requests the submission of proposals leading to the possible award of contracts to analyze groundwater quality samples for the TWDB’s groundwater quality monitoring program. In order to receive the nomination , the applicant must meet the qualifications as described below.

Description of Funding Consideration: For state fiscal year 2006, September 1, 2005, through August 31, 2006, funding up to $384,000 has been initially authorized from General Revenue and from the Drinking Water State Revolving Fund for the analysis of groundwater quality samples submitted by the TWDB and its designated cooperators. In the event that acceptable proposals are not submitted, the TWDB retains the right to not award contract funds.

Deadline, Contact Person for Additional Information, and Review Criteria: Six (6) double-sided copies of a complete proposal may be filed with the TWDB at any time up to the deadline for funding consideration. Upon successful review by the TWDB, recommendations for funding of proposals will be presented to the TWDB’s governing board at its earliest meeting possible. TWDB must receive all grant applications by 5:00 p.m., July 8, 2005. Proposals can be directed either in person to Ms. Phyllis Thomas, Room 537, Texas Water Development Board, Stephen F. Austin Building, 1700 North Congress Avenue, Austin, Texas, or by mail to Ms. Phyllis Thomas, Texas Water Development Board, P.O. Box 13231 - Capitol Station, Austin, Texas, 78711-3231. Applications will be evaluated according to the evaluation criteria below. Requests for information concerning evaluation criteria may be directed to Ms. Phyllis Thomas at the preceding address or by calling Ms. Janie Hopkins at (512) 936-0841.

Contract Period: The successful applicant will be awarded a one (1) year contract effective September 1, 2005 through August 31, 2006.

Option to Renew: This contract may be extended for four (4) additional one (1) year periods, provided all terms and conditions remain in full force and effect except for the contract period being extended. This option, if exercised, is to be executed in the form of a letter of agreement, to be issued no sooner than ninety days (90) prior to expiration of this contract, nor later than the final day of the contract period. This option to renew requires the mutual agreement of both parties. Refusal by either party to exercise this option to extend will cause this contract to expire on the original or mutually-agreed upon date. The total period of this contract, including all extensions as a result of exercising this option, will not exceed a maximum combined period of five (5) years.

Factors of Award: Applications will be evaluated according to Title 31, Texas Administrative Code Chapter 355, Subchapter A, as well as the following criteria:

(1) Signed and dated application form.

(2) Responsiveness of proposal.

(3) Total low cost and best quality for TWDB.

(4) Certification by the Texas Commission on Environmental Quality for drinking water chemical analysis.

(5) National accreditation/certification by (or in process of obtaining) National Environmental Laboratory Accreditation Conference (NELAC) or American Association for Laboratory Accreditation (A2LA).

(6) Use of U.S. Environmental Protection Agency methodology.

(7) Submission of results from participation in the last two Water Supply (WS) and Water Pollution (WP) Proficiency Tests.

(8) Ability, capacity, and skill to perform the contract or provide the service required.

(9) Experience, including capabilities in the area of services to be provided. If the project is to include subcontractors, all member firms shall be listed accordingly.

(10) History of performance.

(11) Character, responsibility, integrity, and reputation.

(12) Previous and existing compliance with laws relating to the contract or service.

(13) Sufficiency of the applicant’s financial resources and ability to perform the contract or provide the service.

(14) Analytical detection and quality control limits.

Experience: Applicant certifies that it has a minimum of five (5) years experience as an analytical laboratory analyzing all of the analytes requested in this proposal.

References: Applicant will include with the proposal the name and addresses of five (5) firms to which it has provided these types of services in the past three (3) years or with which it is under contract for such services presently and the names of company representatives who may be contacted for references and performance history. Applicant must supply credentials of the employee(s) doing the actual services, including but not limited to, the Analyst/Chemist of Record, the Project Manager, and the Sample Custodian. The TWDB may use other references to determine an applicant’s performance history. A single negative reference, in the TWDB’s sole discretion, will be cause for disqualification of the applicant.

Delivery of Samples: The laboratory must be able to receive the samples in Austin, 7 days a week, 24 hours a day or, if from out of town, must provide its own ice chests and pay for shipping to the place of processing while making sure the sample holding times are not exceeded during transport.

Delivery of Results: Written final analytical reports, chains of custody, and electronic data in comma-quote delimited format must be submitted to the TWDB in TWDB’s format within 15 working days of sample receipt for analytes listed in Attachment 1 . The written final report must include the laboratory identification number, the client identification number, the sample collection date, the analytical results, the methods used, the units of measure, the practical quantitative limits, the date analyzed, the analyst of record, and the STORET code for each analyte.

Estimated Requirements: It is estimated that the TWDB will require analysis of up to 800 samples during a one (1) year period for the analytes listed in Attachment 1 , up to 100 samples during a one (1) year period for the analytes listed in Attachment 2 , and up to 200 samples during a one (1) year period for the analytes listed in Attachment 3 . The price for analytes will apply to any additional quantities for the duration of this contract.

Inspections: Applicant will allow inspection of its laboratory facilities and its analytical processes prior to award of a contract as well as during the term of the contract.

Subcontracting: All constituents listed in Attachment 1 are to be analyzed by the contractor. Applicant may subcontract analytical services for constituents listed in Attachment 2 and Attachment 3 with other laboratories (these laboratories need to be identified in the proposal) and with TWDB approval.

Documentation: Applicant must submit the following information with its proposal or the proposal will be considered non-responsive:

1. References.

2. An example of the chain of custody form to be used.

3. An example of a Final Analytical Report package.

4. An example of the electronic data file format.

5. A copy of the laboratory’s Quality Manual.

6. Methodology, quality control limits, detection limits, and price per sample for analytes in this request for proposals.

7. Copies of all accreditations, approvals, and certifications.

8. An archive schedule for samples, data, and final reports.

9. Per sample cost for the collective constituents listed in Attachment 1 and per sample cost for each of the constituents listed in Attachment 2 and Attachment 3 .

Scope: It is the intent of the TWDB to award an annual contract for analytical services for parameters listed in the attachments. All samples must be tested in conformance with U.S. Environmental Protection Agency standards.

Standards: The applicant will perform analytical services on the parameters requested and will complete all analyses according to the procedures set forth in "Standard Methods for the Examination of Water and Wastewater," current edition, or in "Methods for Chemical Analysis of Water and Wasters," current edition. If a standard method is not available, the analytical method used must be a method approved in writing by the TWDB’s contract manager.

Receptacles and Preservation Acids: The successful proposal will include, at no extra cost to the TWDB, all sample bottles, containers, preservation acids, chains of custody, and shipping services. The laboratory must retain the samples for 30 days after the final analytical report has been submitted to the TWDB in the event that the TWDB requests re-analysis.

Retesting: The TWDB may request that any questionable analytical results be retested. The retest must be performed in compliance with the holding time of the sample whenever possible. The cost of the retest will be absorbed by the laboratory if the retest produces different results, or whenever a cation/anion imbalance of greater than five percent (>5%) occurs. If the results of the retest are the same, the TWDB will pay for the cost of retesting.

Invoicing: Invoices will be summarized and submitted monthly. Each invoice will summarize the number of samples analyzed, the total cost of the samples, and the dates of service.

All potential applicants can contact the TWDB to obtain the rules in Title 31, Texas Administrative Code Chapter 355, Subchapter A and an application instruction sheet. Requests for information, the TWDB's rules and instruction sheet covering the research and planning fund may be directed to Ms. Phyllis Thomas at the preceding mailing address, by email at phyllis.thomas@twdb.state.tx.us, or by calling (512) 463-3154.

ATTACHMENT 1

List of Routine Analytes (to be analyzed with specified methodology or instrument, if applicable) and Cation/Anion Balance

Alkalinity, Total

Alkalinity, Phenol

Bromide

Chloride

Fluoride

Nitrate, nitrite/nitrate, Automated Flow Analysis (AFA)

Silica

Sulfate

Aluminum, dissolved, Inductively Coupled Plasma Mass Spectrometer (ICPMS)

Antimony, dissolved, ICPMS

Arsenic, dissolved, ICPMS

Barium, dissolved, ICPMS

Beryllium, dissolved, ICPMS

Boron, dissolved

Cobalt, dissolved, ICPMS

Copper, dissolved, ICPMS

Iron, dissolved

Lead, dissolved, ICPMS

Lithium, dissolved, ICPMS

Manganese, dissolved, ICPMS

Molybdenum dissolved, ICPMS

Selenium, dissolved, ICPMS

Strontium, dissolved

Thallium, dissolved, ICPMS

Vanadium, dissolved, ICPMS

Zinc, dissolved, ICPMS

Calcium, dissolved

Magnesium, dissolved

Potassium, dissolved

Sodium, dissolved

Cadmium, dissolved, ICPMS

Chromium, dissolved, ICPMS

Cation/Anion Balance

ATTACHMENT 2

List of Radiogenic Analytes

Gross Alpha, total

Gross Beta, total

Uranium 238, total

ATTACHMENT 3

List of Isotopic Analytes

Tritium, helium in-growth method

Carbon-13

Carbon-14, Accelerator Mass Spectrometry Technique (AMS Technique)

Oxygen-18

Deuterium

Sulfur-34

Oxygen on sulfate

TRD-200502440

Suzanne Schwartz

General Counsel

Texas Water Development Board

Filed: June 14, 2005