TITLE in-addition

Texas Building and Procurement Commission

Request for Proposal

RFP Number: #303-5-10656

Opening Date/Time: March 24, 2005 at 3:00 PM

Description: Lease requirement for approximately 3,777 sq. ft. of Office Space in Dallas, Dallas County, Texas

Agency: Department of Assistive and Rehabilitative Services (DARS)

Purchaser/Contact: Kenneth Ming (512) 463-2743 or through the Electronic State Business Daily at: http://esbd.tbpc.state.tx.us/1380/bid_show.cfm?bidid=57687

TRD-200500747

Ingrid K. Hansen

General Counsel

Texas Building and Procurement Commission

Filed: February 18, 2005

Coastal Coordination Council

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

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of February 11, 2005, through February 17, 2005. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for these activities extends 30 days from the date published on the Coastal Coordination Council web site. The notice was published on the web site on February 23, 2005. The public comment period for these projects will close at 5:00 p.m. on March 25, 2005.

FEDERAL AGENCY ACTIONS:

Applicant: Wayne Mouton; Location: The project is located at along the Gulf Intracoastal Waterway (GIWW), at the terminal end of 16th Street at Rankin Road, in Port Bolivar in Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Port Bolivar, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 328456; Northing: 3251793. Project Description: The applicant proposes to repair 210 feet of an existing permitted bulkhead, construct approximately 240 feet of new bulkhead, and mechanically dredge a 0.115-acre area to a depth of -10 feet mean low tide. The area on the west end of the project area that is proposed to be dredged was previously authorized to be filled (DA Permit 13093). Approximately 926 cubic yards of the dredge material will be used as backfill in a 0.135-acre area to secure 150 feet of new bulkhead. On the east end of the project area the bulkhead is in a state of disrepair and was previously authorized without backfill. The applicant proposes to reconstruct the bulkhead, add a 90-foot wing wall and backfill this 0.017-acre area with approximately 278 cubic yards of dredge and fill material. Total area to be filled is 0.152 acre. All construction activities will be 250 feet from the centerline of the GIWW. CCC Project No.: 05-0132-F1 Type of Application: U.S.A.C.E. permit application #13093(02) is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344).

Applicant: Gabriel Vanounou; Location: The project is located in the southwest portion of "the fingers" of Port Isabel at 1506 West Highway 100, Port Isabel, Cameron County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Port Isabel, Texas. Approximate NAD 83 UTM Coordinates: Zone 14; Easting: 677720; Northing: 2885030. Project Description: This amendment request is considered Phase II of the Treasure Island Village project. The applicant proposes to construct approximately 671 linear feet of bulkhead and place approximately 1000 yds3 of fill material behind it. The purpose of the project is to provide erosion control as required by, and in accordance with, City ordinances to allow construction of a hotel, parking area, and access road. The project would require fill material in approximately 0.151 acres of Section 404 jurisdictional wetlands. No dredging would occur. The bulkhead alignment was chosen to minimize irregularity in the shoreline. To compensate for the loss of wetland habitat, the applicant has proposed to create 0.04 acre of wetland and enhance 0.1 acre of wetland habitat consisting of mud substrate by planting black mangrove in an intertidal zone and other transitional species in a transitional wetlands area between Mean High Water and the proposed bulkhead. CCC Project No.: 05-0134-F1 Type of Application: U.S.A.C.E. permit application #22970(01) 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: John Janz; Location: The project is located at 3909 Laguna Shores Road, adjacent to the Laguna Madre, in Corpus Christi, Nueces County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Pita Island, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 668100; Northing: 3055850. Project Description: The applicant proposes to maintenance dredge an existing marina area and a 65-foot-wide access channel to the Laguna Madre. Current water depth in the channel is approximately -2 feet mean low tide (MLT). Approximately 3,900 cubic yards of material would be mechanically dredged to establish a water depth of - 4 feet MLT and the dredged material would be placed on an upland area within the project site. The proposed maintenance dredging would impact approximately 610 square feet of seagrass located near the entrance to the approach channel. A three-foot-wide walkway extending approximately 1,000 feet along the channel would be constructed, with 56 boat slips constructed along the walkway. Each slip would be bordered on one side by a 3-foot-wide by 22-foot-long walkway and by two pilings with a beam in between on the other side that would support a boatlift. CCC Project No.: 05-0142-F1 Type of Application: U.S.A.C.E. permit application #13093(02) 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 Ms. Tammy Brooks, Program Specialist, Coastal Coordination Council, P.O. Box 12873, Austin, Texas 78711-2873, or tammy.brooks@glo.state.tx.us. Comments should be sent to Ms. Brooks at the above address or by fax at (512) 475-0680.

TRD-200500811

Larry L. Laine

Chief Clerk,/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: February 23, 2005

Comptroller of Public Accounts

Notice of Request for Proposals

Pursuant to §§403.011, 2155.001, and 2156.121, Texas Government Code, and Chapter 54, Subchapter F, §§54.602, 54.611 - 54.618, and 54.636, Texas Education Code, the Comptroller of Public Accounts (Comptroller), on behalf of the Texas Prepaid Higher Education Tuition Board (Board), announces the issuance of its Request for Proposals (RFP #172c) for Actuarial Services for the Board. The selected actuary will advise and assist the Comptroller and the Board in administering all of the Board's actuarial activities related to the Texas Tomorrow Constitutional Trust Fund ("Fund") as described in this RFP and the contract, if any resulting from it ("Contract"). The Fund currently includes a prepaid tuition program and a college savings plan, both as authorized under Section 529 of the Internal Revenue Code. The prepaid tuition program currently has approximately $1.4 billion dollars in invested assets managed by 12 investment managers and held by one custodial bank. The Comptroller, as Chair and Executive Director of the Board, is issuing this RFP in order that the Board may move forward with retaining the necessary actuary. The Comptroller and the Board reserve the right to award more than one contract under the RFP. If approved by the Board, the successful respondent(s) will be expected to begin performance of the contract on or about June 2, 2005.

Contact: Parties interested in submitting a proposal should contact William Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 East 17th Street, Room G-24, Austin, Texas 78774, (512) 305-8673, to obtain a complete copy of the RFP. The Comptroller will mail copies of the RFP only to those parties specifically requesting a copy. The RFP will be available for pick-up at the above referenced address on Friday, March 4, 2005, between 2:00 p.m. and 5:00 p.m. Central Zone Time (CZT), and during normal business hours thereafter. The Comptroller will also make the entire RFP available electronically on the Texas Marketplace after Friday, March 4, 2005, 2:00 p.m. CZT. The website address is http://esbd.tbpc.state.tx.us.

Questions and Non-Mandatory Letters of Intent: All written inquiries, questions, and non-mandatory Letters of Intent to propose must be received at the above-referenced address not later than 2:00 p.m. (CZT) on Monday, March 21, 2005. Prospective respondents are encouraged to fax non-mandatory Letters of Intent and Questions to (512) 475-0973 to ensure timely receipt. The Letter of Intent must be addressed to William Clay Harris, Assistant General Counsel, Contracts, and must contain the information as stated in the corresponding Section of the RFP and be signed by an official of that entity. Non-mandatory Letters of Intent and Questions received after this time and date will not be considered. On or before Wednesday, March 23, 2005, the Comptroller expects to post responses to questions as a revision to the Texas Marketplace notice on the issuance of this RFP.

Closing Date: Proposals must be delivered to the Office of the Deputy General Counsel for Contracts, at the location specified above (ROOM G-24) no later than 2:00 p.m. (CZT), on Tuesday, April 5, 2005. Proposals received in ROOM G-24 after this time and date will not be considered regardless of the reason for the late delivery and receipt. Respondents are encouraged to and solely responsible for verifying timely receipt of proposals in that office (ROOM G-24).

Evaluation Criteria: Proposals will be evaluated under the evaluation criteria outlined in the RFP. The Board shall make the final decision on any contract award or awards resulting from this RFP.

The Comptroller and the Board each reserve the right, in their sole discretion, to accept or reject any or all proposals submitted. The Comptroller and the Board are not obligated to execute any contracts on the basis of this notice or the distribution of any RFP. The Comptroller and the Board shall not pay for any costs incurred by any entity in responding to this notice or the RFP.

The anticipated schedule of events pertaining to this solicitation is as follows:

Issuance of RFP--March 4, 2005, 2:00 p.m. CZT;

Non-Mandatory Letters of Intent to propose and Questions Due--March 21, 2005, 2:00 p.m. CZT;

Official Responses to Questions posted--March 23, 2005;

Proposals Due--April 5, 2005, 2:00 p.m. CZT;

Contract Execution--June 2, 2005, or as soon thereafter as practical;

Commencement of Project Activities--June 2, 2005, or as soon thereafter as practical.

TRD-200500820

William Clay Harris

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: February 23, 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, 303.009, and 304.003, Tex. Fin. Code.

The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the period of 02/28/05 - 03/06/05 is 18% for Consumer 1 /Agricultural/Commercial2 /credit thru $250,000.

The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the period of 02/28/05 - 03/06/05 is 18% for Commercial over $250,000.

The judgment ceiling as prescribed by Sec. 304.003 for the period of 03/01/05 - 03/31/05 is 5.50% for Consumer/Agricultural/Commercial/credit thru $250,000.

The judgment ceiling as prescribed by Sec. 304.003 for the period of 03/01/05 - 03/31/05 is 5.50% for Commercial over $250,000.

1 Credit for personal, family or household use.

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

TRD-200500825

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: February 23, 2005

Court Reporters Certification Board

Certification of Court Reporters

Following the examination of applicants on January 13, 2005, the Texas Court Reporters Certification Board certified to the Supreme Court of Texas the following individuals who are qualified in the method indicated to practice shorthand reporting pursuant to Chapter 52 of the Texas Government Code, V.T.C.A.:

MACHINE SHORTHAND: ANDREA PARISH - KINGWOOD, TX; THU BUI - ARLINGTON, TX; and STEPHANIE REYNOLDS - VICTORVILLE, CA; ELIZABETH CROW - GARLAND, TX; LORI CHILDERS - HOUSTON, TX.

Following the examination of applicants on January 13, 2005, the Texas Court Reporters Certification Board certified to the Supreme Court of Texas the following individuals who are qualified in the method indicated to practice shorthand reporting pursuant to Chapter 52 of the Texas Government Code, V.T.C.A.:

ORAL STENOGRAPHY: NANCY MCCAULLEY - FT. WORTH, TX; and BRANDY WAITS - BURLESON, TX.

TRD-200500748

Sheryl Jones

Administrator of Licensing

Court Reporters Certification Board

Filed: February 18, 2005

Education Service Center, Region X

Request for Proposals

The Education Service Center Region 10 is soliciting proposals for a Texas Credit Recovery Program for Students in Homeless Situations Pilot Project using funds authorized by the McKinney-Vento Homeless Education Assistance Improvements Act of 2001, Public Law 107-110. This project seeks to fund a program that will assist students in homeless situations to recover high school credits that can be counted toward a high school diploma at an accredited institution.

Vendors wishing to receive a complete copy of the Request for Proposal should write or call Sue Hayes, Chief Financial Officer, Education Service Center Region 10, 400 E. Spring Valley Road, Richardson, Texas 75083-1300, (972) 348-1112. Please refer to RFP #2005-01 in your request.

All proposals must be received at the above address by 4:00 P.M. Thursday, March 24, 2005.

The award winning vendor will be selected based on their qualifications and ability to carry out all requirements contained in the RFP. The Region 10 ESC reserves the right to select the vendor that represents the best value to the Center.

TRD-200500824

Kathleen Boswell

Executive Assistant

Education Service Center, Region X

Filed: February 23, 2005

Texas Commission on Environmental Quality

Notice of District Petition

Notices mailed February 18 through February 22, 2005

TCEQ Internal Control No. 02022005-D01; Iowa Colony Sterling Lakes, Ltd. (Petitioner) filed a petition for creation of Brazoria County Municipal Utility District No. 31 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) there is one lienholder, Eagle Mortgage Company, Inc., on the property to be included in the proposed District; (3) the proposed District will contain approximately 692.60 acres located within Brazoria County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction and the corporate limits of the City of Iowa Colony, Texas, and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. The Petitioner has also provided the TCEQ with a certificate evidencing the consent of Eagle Mortgage Company, Inc. to the creation of the proposed District. By Ordinance No. 2004-6, effective November 15, 2004, the City of Iowa Colony gave its consent to the creation of the proposed District. The petition further states that the proposed District will: (1) purchase, construct, acquire, maintain and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, improve, extend, maintain and operate works, improvements, facilities, plants, equipment and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; (3) control, abate and amend local storm waters or other harmful excesses of waters, as more particularly described in an engineer's report filed simultaneously with the filing of the petition; and (4) purchase, construct, acquire, improve, maintain, and operate any additional facilities, systems, plants and enterprises consistent with the purposes for which the District is created. According to the petition, the Petitioners estimate that the cost of the project will be approximately $38,546,190.

TCEQ Internal Control No. 02032005-D04; The William Carloss Morris, III, and Sharon Kay Morris Charitable Remainder Unitrust and Hoffman & Morris (Petitioners) filed a petition for creation of Fort Bend County Municipal Utility District No. 168 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioners are the owners of a majority in value of the land to be included in the proposed District; (2) there are no lienholders on the property to be included in the proposed District; (3) the proposed District will contain approximately 287.63 acres located within Fort Bend County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Houston, Texas, and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. By Ordinance No. 2005-3, effective January 11, 2005, the City of Houston, Texas, gave its consent to the creation of the proposed District. The petition further states that the proposed District will: (1) purchase, construct, acquire, improve, extend, maintain, and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) purchase, construct, acquire, improve, extend, maintain, and operate works, improvements, facilities, plants, equipment, and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; and (3) control, abate and amend local storm waters or other harmful excesses of water, as more particularly described in an engineer's report filed simultaneously with the filing of the petition; and (4) construct, acquire, improve, maintain, and operate additional facilities, systems, plants, and enterprises consistent with the purposes for which the District is created and permitted under State law. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project, and from the information available at the time, the cost of the project is estimated to be approximately $11,450,000.

TCEQ Internal Control No. 11032004-D01; Highwood Development , Ltd. (Petitioner) filed a petition for creation of Oak Point Water Control and Improvement District No. 1 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) there is one lienholder, Wells Fargo Bank, National Association, on the property to be included in the proposed District, and the Petitioner has provided the TCEQ with a certificate evidencing its consent to the creation of the proposed District; (3) the proposed District will contain approximately 191.116 acres located within Denton County, Texas; and (4) the proposed District is within the corporate limits of the City of Oak Point, Texas, and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. By Resolution No. 2003-06, effective February 3, 2003, the City of Oak Point, Texas, gave its consent to the creation of the proposed District. The petition further states that the proposed District will: (1) construct, maintain, and operate a waterworks and sanitary sewer system for residential, industrial and commercial purposes; (2) control, abate and amend local storm waters or other harmful excesses of water, as more particularly described in an engineer's report filed simultaneously with the filing of the petition; and (3) construct, acquire, improve, maintain, and operate additional facilities, systems, plants, and enterprises consistent with the purposes for which the District is created and permitted under State law. According to the petition, the Petitioners have conducted a preliminary investigation to determine the cost of the project, and from the information available at the time, the cost of the project is estimated to be approximately $10,000,000.

TCEQ Internal Control No. 12172004-D05; Northway Land Company, Ltd. (Petitioner) filed a petition for creation of Montgomery County Municipal Utility District No. 99 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) there are no lienholders on the property to be included in the proposed District; (3) the proposed District will contain approximately 379.9 acres located within Montgomery County, Texas; and (4) no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any city, town or village in Texas. The petition further states that the proposed District will: (1) purchase, construct, acquire, improve, extend, maintain, and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) purchase, construct, acquire, improve, extend, maintain, and operate works, improvements, facilities, plants, equipment, and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; and (3) control, abate and amend local storm waters or other harmful excesses of water, as more particularly described in an engineer's report filed simultaneously with the filing of the petition; and (4) construct, acquire, improve, maintain, and operate additional facilities, systems, plants, and enterprises consistent with the purposes for which the District is created and permitted under State law. According to the petition, the Petitioners have conducted a preliminary investigation to determine the cost of the project, and from the information available at the time, the cost of the project is estimated to be approximately $26,230,000.

INFORMATION SECTION

The TCEQ may grant a contested case hearing on a petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed district's boundaries. You may also submit your proposed adjustments to the petition which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below.

The Executive Director may approve a petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of the notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court.

Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, the same address. For additional information, individual members of the general public may contact the Office of Public Assistance, at 1-800-687- 4040. General information regarding the TCEQ can be found at our web site at www.tceq.state.tx.us.

TRD-200500813

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 23, 2005

Notice of Opportunity to Comment on Default Orders 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 Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is 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 April 4, 2005 . The commission will consider any written comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate a proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO 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 the DO should be sent to the attorney designated for the DO 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 April 4, 2005 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, comments on the DOs should be submitted to the commission in writing .

(1) COMPANY: Al-Ilam Enterprises, Inc. dba Happy Chap Market 1; DOCKET NUMBER: 2004- 0416-PST-E; TCEQ ID NUMBERS: 31562 and RN101446938; LOCATION: 4310 North Main Street, Liberty, Liberty County, Texas; TYPE OF FACILITY: convenience store with retail sales in gasoline; RULES VIOLATED: 30 TAC §334.8(c)(5)(A)(iii), by failing to ensure that a valid, current TCEQ delivery certificate was posted at the facility and clearly visible at all times; 30 TAC §115.242(3)(A), and Texas Health and Safety Code (THSC), §382.085(b), by failing to provide and maintain the Stage II vapor recovery system in proper operating condition; 30 TAC §334.50(b)(2)(A)(i), and TWC, §26.3475, by failing to equip each pressurized line with an automatic line leak detector; 30 TAC §334.49(c)(4), and TWC, §26.3475, by failing to have the system inspected and tested to determine the adequacy of the cathodic protection by a qualified corrosion specialist or corrosion protection technician at least once every three years; 30 TAC §334.50(b)(2)(A)(i)(III) and TWC, §26.3475, by failing to test a line leak detector at least once per year for performance and operational reliability; and 30 TAC §334.49(c)(2)(C) and TWC, §26.3475, by failing to regularly inspect, at least once every 60 days, the impressed cathodic protection system to ensure that the rectifier and other system components were operating properly; PENALTY: $15,950; STAFF ATTORNEY: Sarah Utley, Litigation Division, MC R-13, (210) 403-4017; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY: Alvin Massington; DOCKET NUMBER: 2003-0491-MSW-E; TCEQ ID NUMBER: 455090100 and RN103059275; LOCATION: 514 Business Highway 6 South, Marlin, Falls County, Texas; TYPE OF FACILITY: unauthorized municipal solid waste site; RULES VIOLATED: 30 TAC §330.5(a), by failing to dispose of litter and solid waste at an approved facility; PENALTY: $5,250; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710- 7826, (254) 751-0335.

(3) COMPANY: Ansh III, L.P. dba Circle Q Food Store #1; DOCKET NUMBER: 20031001-PST- E; TCEQ ID NUMBER: 0039341 and RN101432219; LOCATION: 3202 Corn Valley Road, Grand Prairie, Dallas 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 continuous 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 underground storage tanks (USTs); and 30 TAC §334.22 and TWC, §5.702, by failing to pay outstanding UST fees; PENALTY: $1,090; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(4) COMPANY: Domingo Garza dba Mexico Motors; DOCKET NUMBER: 2003-1238-WQ-E; TCEQ ID NUMBER: R15STW0024 and RN102838141; LOCATION: on the south side of 10th Street, approximately five miles south of the intersection of 10th Street and FM Road 1016, Hidalgo, Hidalgo County, Texas; TYPE OF FACILITY: automobile salvage yard with retail sales of used automobile parts; RULES VIOLATED: 30 TAC §281.25(a)(4) and TWC, §26.121(a)(1), by failing to obtain commission authorization to discharge storm water associated with industrial activity to waters in the state through an individual permit, the Multi-Sector General Permit TXR050000, or by qualifying for the Conditional No Exposure Certification for Exclusion; PENALTY: $9,450; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(5) COMPANY: Inaara Group, Inc. dba City Star Texaco; DOCKET NUMBER: 2004-0147-PST-E; TCEQ ID NUMBERS: 13589 and RN102042710; LOCATION: 5400 Brentwood Stair Road, Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: gasoline service station; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; and 30 TAC §334.22(a) and TWC, §26.358(b)(2) and (d), by failing to pay outstanding UST fees; PENALTY: $3,120; STAFF ATTORNEY: Barbara J. Watson, Litigation Division, MC 175, (512) 239-2044; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(6) COMPANY: Joe Gutierrez dba Joe Gutierrez Trucking; DOCKET NUMBER: 2002-1401- MSW-E; TCEQ ID NUMBER: HAW004 and RN102938644; LOCATION: Alamo Road, approximately 500 feet south of the intersection of Davis Road and Alamo Road, Edinburg, Hidalgo County, Texas; TYPE OF FACILITY: trucking service; RULES VIOLATED: 30 TAC §330.5 and 330.32(b), by failing to ensure that all solid waste collected and transported by him was disposed of only at facilities authorized to accept the type of waste being transported; PENALTY: $3,600; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(7) COMPANY: Lee and Kathy Byrd dba Lighthouse Remodeling; DOCKET NUMBER: 2003- 1479-MSW-E; TCEQ ID NUMBERS: 455100035 and RN102906047; LOCATION: end of Wright Lane in the Sam Houston National Forrest, Willis, San Jacinto County, Texas; TYPE OF FACILITY: unauthorized municipal solid waste (MSW); RULES VIOLATED: 30 TAC §330.5(a)(1), by failing to properly dispose of MSW; PENALTY: $5,250; STAFF ATTORNEY: Sarah Utley, Litigation Division, MC R-13, (210) 403-4017; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(8) COMPANY: Millennium Gasoline Corporation dba Amos Shell; DOCKET NUMBER: 2004- 0085-PST-E; TCEQ ID NUMBER: RN101555373; LOCATION: 3114 West University Drive, Denton, Denton County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and §334.10(b) and TWC, §24.3475(c)(1), by failing to monitor USTs for releases; 30 TAC §115.246(7)(A) and THSC, §382.085(b), by failing to maintain Stage II records on site and make them immediately available for review; and 30 TAC §334.7(d)(3), by failing to amend, update, or change registration information; PENALTY: $11,100; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(9) COMPANY: Mohammed Mohiuddin dba Palestine Mini Mart; DOCKET NUMBER: 2003- 0868-PST-E; TCEQ ID NUMBERS: 41201 and RN101432847; LOCATION: 321 West Palestine, Palestine Avenue, Anderson 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 continuous 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 USTs; and 30 TAC §334.22(a), by failing to pay all outstanding UST fees; PENALTY: $3,270; STAFF ATTORNEY: Xavier Guerra, Litigation Division, MC R-13, (210) 403-4016; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(10) COMPANY: Octavio Benitez dba El Paso General Recycling; DOCKET NUMBER: 2004- 0582-MSW-E; TCEQ ID NUMBER: RN100588813; LOCATION: 6807 Industrial Avenue, El Paso County, Texas; TYPE OF FACILITY: recycling; RULES VIOLATED: 30 TAC §328.5(b) and §328.4(b)(1), by failing to submit to the TCEQ a notice of intent to operate a recycling facility prior to commencing operations of the facility and failing to have records to show that the material being stored had an economically feasible means of being recycled; and 30 TAC §328.5(c)(1) and (2), by failing to maintain all records necessary to show compliance with the requirements of 30 TAC §328.4 and failing to show reasonable efforts to maintain source separation of materials received by the facility; PENALTY: $6,420; STAFF ATTORNEY: Sarah Utley, Litigation Division, MC R-13, (210) 403-4017; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(11) COMPANY: Rose Marie Johnson and Andreas Johnson dba Johnson International; DOCKET NUMBER: 2004-0426-PWS-E; TCEQ ID NUMBERS: 1011459, 12288, RN102671443, and RN101191104; LOCATION: corner of Sellers and West Road, Houston, Harris County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.109(c)(2) and (g) and §290.122(c), and THSC, §341.033(d), by failing to collect and submit routine monthly water samples from the site for bacteriological analysis and by failing to provide public notice of the sampling deficiencies; 30 TAC §290.45(b)(1)(A)(i), and THSC, §341.0315(c), by failing to provide a well capacity of 1.5 gallons per minute per connection; 30 TAC §290.45(b)(1)(A)(ii) and §290.43(d)(3), and THSC, §341.0315(c), by failing to provide a pressure tank capacity of 50 gallons per connection, and failing to provide the pressure tank with facilities for maintaining the air-water-volume at the design water level and working pressure; 30 TAC §290.46(r) and §290.110(b)(4), by failing to maintain a minimum free chlorine residual of 0.2 milligrams per liter in the far reaches of the distribution system, and failing to provide a minimum pressure of 35 pounds per square inch throughout the distribution system under normal operating conditions; 30 TAC §290.46(f)(3)(B)(iii), (D)(ii), and (n)(2), and §290.121(a), by failing to make an accurate and up-to-date map of the distribution system, a microbiological monitoring plan, and records of disinfectant residual monitoring results and pressure tank inspections available for review; 30 TAC §§290.41(c)(3)(O), 290.42(e)(5), 290.43(e), and 290.46(m) and (t), by failing to provide the well site with a locked, intruder-resistant fence, failing to house the hypochlorination solution containers and pumps in a secure enclosure, failing to post a legible system ownership sign at each of the production, treatment, and storage facilities with an emergency telephone number where a responsible official could be contacted, and failing to maintain the general appearance of the site's facilities and equipment; 30 TAC §290.44(d)(4), by failing to provide an accurate metering device at each residential connection for the accumulation of water usage data; 30 TAC §290.44(d)(5), by failing to provide the water system with sufficient valves and blowoffs so that necessary repairs could be made without undue interruption of service over any considerable area and for flushing the system when required; 30 TAC §290.46(e)(3)(A) and THSC, §341.033(a), by failing to operate the system under the direct supervision of a water works operator who holds a class D, or higher, license; 30 TAC §290.41(c)(1)(F), by failing to secure a sanitary control easement for all property within 150 feet of the well location; 30 TAC §290.274, by failing to distribute consumer confidence reports and certify the executive director that the reports were distributed; 30 TAC §290.51(a)(6), by failing to pay public health service fees; and 30 TAC §291.93(3), by failing to submit a written planning report to the executive director that clearly explained how the site would provide the expected service demands to the remaining areas within the boundaries of its certificated area; PENALTY: $5,100; STAFF ATTORNEY: Sarah Utley, Litigation Division, MC R-13, (210) 403-4017; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767- 3500.

(12) COMPANY: Satina, Inc. dba Donna's Food Market; DOCKET NUMBER: 2003-1117-PST-E; TCEQ ID NUMBERS: 26914 and RN102432390; LOCATION: 255 Peyton Drive, Beaumont, Jefferson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.244(1) and (3) and THSC, §382.085(b), by failing to conduct daily and monthly inspections of the Stage II vapor recovery system; 30 TAC §334.50(b)(1)(A) and (2)(A)(ii)(I) and TWC, §26.3475(c)(1), by failing to provide proper release detection for the UST system and failing to perform tightness testing for all piping; 30 TAC §334.49(c)(2)(C) and TWC, §26.3475(d), by failing to conduct regular inspections of an impressed cathodic protection system at least once every 60 days; 30 TAC §334.48(c), by failing to conduct inventory control for all the USTs involved in the retail sales of petroleum substances used as motor fuel; 30 TAC §334.7(d)(3) and TWC, §26.346(a), by failing to provide notice of any change in the operator information to the TCEQ within 30 days of the change; 30 TAC §115.246(1), (3), (5), and §115.248(1) and (2), and THSC, §382.085(b), by failing to maintain maintenance records, Stage II test results, a copy of the California Air Resource Board Executive Order, documentation of a certified Stage II facility representative, and proof of Stage II training for all employees at the station; and 30 TAC §115.245(2) and THSC, §382.085(b), by failing to successfully perform annual pressure decay testing within the preceding 12 months; PENALTY: $18,150; STAFF ATTORNEY: Lindsay Andrus, Litigation Division, MC 175, (512) 239-4761; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(13) COMPANY: Texas God Bless, Inc. dba Lucky Stop Grocery; DOCKET NUMBER: 2003- 0394-PST-E; TCEQ ID NUMBERS: 5572 and RN101436251; LOCATION: 5001 Fairway Drive, Alvin, Brazoria 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: $1,050; STAFF ATTORNEY: Sarah Utley, Litigation Division, MC R-13, (210) 403-4017; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767- 3500.

(14) COMPANY: Worash Petroleum, Inc. dba N & B Fina 2; DOCKET NUMBER: 2004-0392- PST-E; TCEQ ID NUMBERS: 52781 and RN102276219; LOCATION: 12950 Coit Road, Dallas, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.244(1) and (3) and THSC, §382.085(b), by failing to conduct daily and monthly inspections of the Stage II vapor recovery system; 30 TAC §115.242(3)(J) and THSC, §382.085(b), by failing to maintain the Stage II vapor recovery system in proper operating condition; 30 TAC §334.22(a) and TWC, §5.702, by failing to pay outstanding UST fees, including penalties and interest; PENALTY: $7,200; STAFF ATTORNEY: Wendy Cooper, Litigation Division, MC R-4, (817) 588-5867; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-200500797

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 22, 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 April 4, 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 April 4, 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: A. Schulman, Inc.; DOCKET NUMBER: 2003-0156-IWD-E; TCEQ ID NUMBERS: 00337-000 and RN101518533; LOCATION: Thomas Street east of Farm-to-Market Road 105, Orange, Orange County, Texas; TYPE OF FACILITY: carbon black distribution plant with a wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(1), TCEQ Permit Number 00337-000, Effluent Limitations and Monitoring Requirements Numbers 1 and 2, and TWC, §26.121(a), by failing to comply with the permitted effluent limits; PENALTY: $21,723; STAFF ATTORNEY: Gitanjali Yadav, Litigation Division, MC 175, (512) 239-2029; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(2) COMPANY: Bellaire Food Store, Inc. dba Shop N Go No. 2; DOCKET NUMBER: 2003-0763- PST-E; TCEQ ID NUMBERS: 33042 and RN101444388; LOCATION: 8540 Bellaire Boulevard in Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with gasoline pumps; 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 underground storage tanks (USTs); PENALTY: $1,900; STAFF ATTORNEY: Sarah Utley, Litigation Division, MC R-13, (210) 403-4017; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767- 3500.

(3) COMPANY: Khun Heng dba Billys Beer & Wine; DOCKET NUMBER: 2004-1007-PST-E; TCEQ ID NUMBERS: 71934 and RN102785490; LOCATION: 1405 East Highway 276, West Tawakoni, Hunt County, Texas; TYPE OF FACILITY: store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate 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 petroleum storage tanks; PENALTY: $1,050; STAFF ATTORNEY: Justin Lannen, Litigation Division, MC R-4, (817) 588-5927; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(4) COMPANY: Little River Materials, Inc.; DOCKET NUMBER: 2004-1075-WQ-E; TCEQ ID NUMBER: RN104321872; LOCATION: 4734 South Highway 77, Minerva, Milam County, Texas; TYPE OF FACILITY: sand and gravel pit; RULES VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations, §122.26(a), by failing to obtain authorization to discharge storm water associated with industrial activity to waters in the state; PENALTY: $10,000; STAFF ATTORNEY: Justin Lannen, Litigation Division, MC R-4, (817) 588-5927; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(5) COMPANY: Mayfair 5 Water Company; DOCKET NUMBER: 2004-0853-PWS-E; TCEQ ID NUMBERS: 0710147 and RN101457182; LOCATION: Canutillo, El Paso County, Texas; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(e)(3)(A), by failing to have the facility under the direct supervision of a certified operator holding a valid grade D or higher operator's certificate; and 30 TAC §290.51(a)(3), by failing to pay outstanding public health service fees; PENALTY: $300; STAFF ATTORNEY: Jeffrey Huhn, Litigation Division, MC 175, (512) 239- 5111; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(6) COMPANY: Nasir Mughal; DOCKET NUMBER: 2003-1332-PST-E; TCEQ ID NUMBER: 5474 and RN101873081; LOCATION: 1819 61st Street, Galveston, Galveston County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.242(9), and Texas Health and Safety Code (THSC), §382.085(b), by failing to post operating instructions conspicuously on the front of each dispenser equipped with a Stage II system; and 30 TAC §115.246(1), (3) - (6), and (7)(A), and THSC, §382.085(b), by failing to maintain Stage II records on site and immediately available for review upon request by authorized representatives of the TCEQ or any local air pollution control program with jurisdiction; PENALTY: $4,280; STAFF ATTORNEY: Lindsay Andrus, Litigation Division, MC 175, (512) 239-4761; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(7) COMPANY: North American Recovery Services, Inc.; DOCKET NUMBER: 2004-0710-MSW- E; TCEQ ID NUMBER: RN104154554; LOCATION: 9002 Sheldon Road, Houston, Harris County, unauthorized landfill in Oilton, Webb County, Texas; TYPE OF FACILITY: salvage business; RULES VIOLATED: 30 TAC §330.5, by contracting for the disposal of municipal solid waste at the site, an unauthorized landfill in Oilton, Webb County; PENALTY: $7,500; STAFF ATTORNEY: Wendy Cooper, Litigation Division, MC R-4, (817) 588-5867; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500; Laredo Regional Office, 1403 Seymour, Suite 2, Laredo, Texas 78040-8752, (956) 791-6716.

(8) COMPANY: SJKR, Inc. dba Steve's Texaco; DOCKET NUMBER: 2004-1206-PST-E; TCEQ ID NUMBERS: 25999 and RN101722528; LOCATION: 110 North 23rd Street, Canyon, Randall 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 continuous 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 its USTs; PENALTY: $1,050; STAFF ATTORNEY: Jeffrey Huhn, Litigation Division, MC 175, (512) 239-5111; REGIONAL OFFICE: Amarillo Regional Office, 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(9) COMPANY: Steve Eller dba Spencer Mobil; DOCKET NUMBER: 2001-1113-PST-E; TCEQ ID NUMBERS: 32214 and RN101847168; LOCATION: 601 Spencer Highway, Houston, 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 UST; PENALTY: $970; STAFF ATTORNEY: Sarah Utley, Litigation Division, MC R-13, (210) 403-4017; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(10) COMPANY: Suntex Fuller Corporation and Fuller Utilities Corporation; DOCKET NUMBER: 2002-1057-MWD-E; TCEQ ID NUMBER: CN600695290 and CN602733081; LOCATION: Savannah Plantation Drive, approximately 0.4 miles south of the intersection of FM Road 1462 and Savannah Plantation Drive near Alvin, Brazoria County, Texas; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §26.121(a), by failing to obtain authorization to dispose of sewage from the facility onto land adjacent to Chocolate Bayou in Segment Number 1108 of the San Jacinto-Brazos Coastal Basin; PENALTY: $26,600; STAFF ATTORNEY: Deborah A. Bynum, Litigation Division, MC 175, (512) 239-1976; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(11) COMPANY: United Petroleum Transports, Inc.; DOCKET NUMBER: 2003-0552-PST-E; TCEQ ID NUMBER: RN100847581; LOCATION: 10304 North Lamar Boulevard, 4607 Loyola Lane, 310 East Rundberg Lane, Austin, Travis County, and 500 Terminal Road, Georgetown, Williamson County, Texas; TYPE OF FACILITY: fuel distributor; RULES VIOLATED: 30 TAC §334.5(b)(1)(A), by depositing a regulated substance into USTs, which did not have valid, current TCEQ delivery certificates; PENALTY: $7,000; STAFF ATTORNEY: Rebecca Nash Petty, Litigation Division, MC 175, (512) 239-3693; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

TRD-200500796

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 22, 2005

Notice of Water Quality Applications

The following notices were issued during the period of February 15,2005 through February 22, 2005.

The following require the applicants to publish notice in the newspaper. The public comment period, requests for public meetings, or requests for a contested case hearing may be submitted to the Office of the Chief Clerk, Mail Code 105, P O Box 13087, Austin Texas 78711-3087, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.

THE CITY OF AGUA DULCE has applied for a renewal of TPDES Permit No. 10140-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 160,000 gallons per day. The facility is located approximately 800 feet east of Farm-to-Market Road 70 and approximately 550 feet south of State Highway 44 in Nueces County, Texas.

EDWARDS CONSTRUCTION has applied for a major amendment to Permit No. 14132-001, to authorize an increase in the daily average flow from 3,000 gallons per day to 10,000 gallons per day and to increase the acreage irrigated from 5 acres to 7 acres. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located 2,500 feet south of the intersection of Farm-to-Market Road 2906 and Garrett Road, 8,000 feet south of the Sabine River and 2.4 miles southwest of the Easton community in Gregg County, Texas.

HARRIS COUNTY WATER CONTROL & IMPROVEMENT DISTRICT NO. 133 has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014538001, to authorize the discharge of treated domestic wastewater at an annual average flow not to exceed 3,000,000 gallons per day. This facility was previously permitted as TPDES Permit No. 11153-001 which expired on March 1, 2004. The facility is located at 7415 Smiling Wood Lane, at the intersection of Bauerlein Drive and Smiling Wood Lane in Harris County, Texas.

CITY OF KARNES CITY has applied for a renewal of TPDES Permit No. 10352-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 410,000 gallons per day. The facility is located approximately 0.88 mile north of the intersection of U.S. Highway 181 and Farm-to-Market Road 1144 in Karnes County, Texas.

CITY OF KARNES CITY has applied for a renewal of TPDES Permit No. 10352-002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 92,000 gallons per day. The facility is located approximately 0.5 mile southeast of the intersection of State Highway 80 and Farm-to-Market Road 1144 in Karnes County, Texas.

CITY OF KENEDY has applied for a renewal of TPDES Permit No. 10746-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 983,000 gallons per day. The facility is located approximately 500 feet east of Farm-to-Market Road 792 and 600 feet north of Main Street in the City of Kenedy in Karnes County, Texas.

LAKE TRAVIS INDEPENDENT SCHOOL DISTRICT has applied for a renewal of Permit No. 12920-003, which authorizes the disposal of treated domestic wastewater at a volume not to exceed a daily average flow of 10,500 gallons per day via subsurface drainfields with a minimum area of 70,000 square feet. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located approximately 1,300 feet southeast of Ranch Road 620, 1.9 miles west of Mansfield Dam in Travis County, Texas.

SAN ANTONIO RIVER AUTHORITY has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0010749006, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 150,000 gallons per day. The facility is located 1,900 feet southeast of the intersection of U.S. Highway 181 South and Richter Road in Bexar County, Texas.

SUBLIGHT ENTERPRISES, INC. has applied for a renewal of TPDES Permit No. 11096-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 9,000 gallons per day. The facility is located approximately 200 feet north of U.S. Highway 181 and approximately 3/4 mile southwest of the intersection of Farm-to-Market Road 893 (Portland Road) and U.S. Highway 181 in the City of Portland in San Patricio County, Texas.

CITY OF VENUS has applied for a renewal of TPDES Permit No. 10883-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 175,000 gallons per day. The facility is located approximately 0.5 mile northwest of the City of Venus at a point approximately 500 feet north of U.S. Highway 67 and approximately 200 feet west of Farm-to- Market Road 157 in Johnson County, Texas.

TRD-200500814

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 23, 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 April 4, 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 April 4, 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: BP Pipelines (North America) Inc.; DOCKET NUMBER: 2004-1143-AIR-E; IDENTIFIER: Regulated Entity Identification Number (RN) 103047833; LOCATION: Deer Park, Harris County, Texas; TYPE OF FACILITY: ethylene meter skid; RULE VIOLATED: 30 TAC §106.355(2) and THSC, §382.085(b), by failing to prevent unauthorized emissions of ethylene; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Trina Grieco, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY: Bodin Concrete L.P. dba Bodin Concrete Co.; DOCKET NUMBER: 2004-1921-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 63336, RN102070687; LOCATION: Rowlett, Dallas County, Texas; TYPE OF FACILITY: concrete mixing and transport; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to ensure that all tanks are monitored for releases; PENALTY: $1,920; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: Chemcentral Southwest, L.P.; DOCKET NUMBER: 2004-1595-AIR-E; IDENTIFIER: Air Account Number HG0979B, RN102341880; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: chemical distribution; RULE VIOLATED: 30 TAC §115.212(a)(1)(A) - (C) and THSC, §382.085(b), by failing to control volatile organic compounds (VOCs) during loading and unloading; and 30 TAC §116.115(c), Air Permit Number C-8544, and THSC, §382.085(b), by failing to conduct fugitive monitoring of valves in VOC service, by failing to maintain records that show the dates and time of corrective actions taken to repair components, and by failing to limit the handling of chemicals to those on the list provided with Air Permit Number C-8544; PENALTY: $15,030; ENFORCEMENT COORDINATOR: Michael Limos, (512) 239-5839; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(4) COMPANY: Conroe Crown Oaks, Ltd.; DOCKET NUMBER: 2004-1045-WQ-E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) General Permit Number TXR158397; LOCATION: Montgomery, Montgomery County, Texas; TYPE OF FACILITY: residential subdivision construction site; RULE VIOLATED: TPDES General Permit Number TXR158397 and the Code, §26.121(a), by failing to maintain all erosion and sediment control measures; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Kim Morales, (713) 767-3520; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(5) COMPANY: City of Dallas; DOCKET NUMBER: 2004-1484-AIR-E; IDENTIFIER: Air Account Number DB5077A, RN100752146; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: municipal solid waste landfill with gas processing; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit the Annual Title V Compliance Certification; and 30 TAC §122.145(2)(C) and THSC, §382.085(b), by failing to submit a deviation report; PENALTY: $1,232; ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(6) COMPANY: Diamond Shamrock Refining Company L.P. dba Diamond Shamrock McKee Plant; DOCKET NUMBER: 2004-1645-MLM-E; IDENTIFIER: Waste Disposal Well Permit Numbers 020, 225, and 226, RN100210517; LOCATION: Sunray, Moore County, Texas; TYPE OF FACILITY: petroleum refining; RULE VIOLATED: 30 TAC §§331.7(a), 335.2, and 335.43, 40 Code of Federal Regulations (CFR) §270.1, and the Code, §27.011, by failing to prevent the unauthorized injection of characteristically hazardous waste containing benzene into non-hazardous storage tanks and then into non-hazardous waste disposal wells; PENALTY: $15,120; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(7) COMPANY: Dupre Transport, Inc.; DOCKET NUMBER: 2004-2046-PST-E; IDENTIFIER: RN104420419; LOCATION: Carrollton, Denton County, Texas; TYPE OF FACILITY: fuel distribution; 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: $3,200; ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(8) COMPANY: Exxon Mobil Corporation; DOCKET NUMBER: 2003-1185-AIR-E; IDENTIFIER: Air Account Number HG0232Q, RN102579307; LOCATION: Baytown, Harris County, Texas; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §116.715(a), Permit Number 18287, and THSC, §382.085(b), by failing to conduct semi-annual grab sampling; 30 TAC §101.20(a)(1)(b) and §116.715(a) and THSC, §382.085(b), by failing to notify the TCEQ after the discovery of an emission vent; and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $47,185; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5757; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(9) COMPANY: City of Gainesville; DOCKET NUMBER: 2004-2004-PST-E; IDENTIFIER: PST Facility Identification Number 32626, RN102433901; LOCATION: Gainesville, Cooke County, Texas; TYPE OF FACILITY: vehicle refueling station; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to provide acceptable financial assurance; PENALTY: $1,050; ENFORCEMENT COORDINATOR: Brent Hurta, (512) 239-6589; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(10) COMPANY: Lufkin Industries, Inc. dba Lufkin Industries Oilfield Division; DOCKET NUMBER: 2004-1688-AIR-E; IDENTIFIER: Air Account Number AC0028T, Air Operating Permit Number 1852, RN100213453; LOCATION: Lufkin, Angelina County, Texas; TYPE OF FACILITY: surface coating and fabrication; RULE VIOLATED: 30 TAC §122.143(4) and §122.146(2) and THSC, §382.085(b), by failing to timely submit the annual permit compliance certification; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Susan Longenecker, (512) 239-0968; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(11) COMPANY: Julie Nguyen dba M & J Market; DOCKET NUMBER: 2004-0567-PST-E; IDENTIFIER: PST Facility Identification Number 8058, RN102307527; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.49(c)(2)(c) and (4) and the Code, §26.3475(d), by failing to regularly inspect the cathodic protection system; 30 TAC §334.50(b)(1)(A), (2)(A)(I)(III), and (d)(1)(B)(ii), and the Code, §26.3475(a) and (c)(1), by failing to perform a tightness test on the system piping and by failing to keep records of inventory control; and 30 TAC §334.8(c)(5)(C) and the Code, §26.3475(a), by failing to physically label all tank fill pipes; PENALTY: $5,440; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(12) COMPANY: Jim Strong dba Papa's Market; DOCKET NUMBER: 2004-0597-PST-E; IDENTIFIER: PST Facility Identification Number 18253; LOCATION: Skidmore, Bee County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and (2) and the Code, §26.3475, by failing to monitor underground storage tanks (USTs) for releases and by failing to monitor the piping of the UST system to detect releases; PENALTY: $3,600; ENFORCEMENT COORDINATOR: Chad Blevins, (512) 239-6017; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(13) COMPANY: Rogelio Ramirez dba Pepe's Drive In No. 2; DOCKET NUMBER: 2004-1761-PST-E; IDENTIFIER: PST Facility Identification Number 48945, RN101685071; LOCATION: La Blanca, Hidalgo 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: $2,100; ENFORCEMENT COORDINATOR: Jill McNew, (512) 239-0560; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(14) COMPANY: Petro Stopping Centers, L.P. dba Petro Stopping Center 50; DOCKET NUMBER: 2004-1947-AIR-E; IDENTIFIER: Air Account Number EE1094B, RN102418142; LOCATION: Vinton, El Paso County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §114.100(a) and THSC, §382.085(b), by failing to meet the 2.7% by weight minimum oxygen content of gasoline; PENALTY: $816; ENFORCEMENT COORDINATOR: Kensley Greuter, (512) 239-2520; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(15) COMPANY: Pilot Travel Centers LLC dba Pilot Point Travel Center 435; DOCKET NUMBER: 2004-1948-AIR-E; IDENTIFIER: Air Account Number EE2327R, RN103125605; LOCATION: Anthony, El Paso County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §114.100(a) and THSC, §382.085(b), by failing to meet the minimum oxygen content requirement of 2.7% by weight for gasoline; PENALTY: $800; ENFORCEMENT COORDINATOR: Ruben Soto, (512) 239-4571; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(16) COMPANY: City of Shepherd; DOCKET NUMBER: 2004-0738-WQ-E; IDENTIFIER: TPDES Permit Number 11380-001; LOCATION: Shepherd, San Jacinto County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 11380-001, and the Code, §26.121(a), by failing to comply with permitted effluent limits for total ammonia nitrogen; PENALTY: $2,620; ENFORCEMENT COORDINATOR: Larry King, (512) 239-7037; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(17) COMPANY: Randy C. Matocha dba Star Express Lube; DOCKET NUMBER: 2004-1041-PST-E; IDENTIFIER: PST Registration Number 58244, RN101894467; LOCATION: El Campo, Wharton County, Texas; TYPE OF FACILITY: lubrication store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $1,900; ENFORCEMENT COORDINATOR: Daniel Siringi, (409) 898-3838; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(18) COMPANY: Sunoco, Inc. (R&M); DOCKET NUMBER: 2004-1624-AIR-E; IDENTIFIER: Air Account Number HG0621B, Air Permit Number 4157A, RN103773206; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: chemical plant; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 4157A, and THSC, §382.085(b), by failing to prevent the unauthorized emission of a highly reactive VOC; PENALTY: $3,625; ENFORCEMENT COORDINATOR: Catherine Sherman, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(19) COMPANY: Saidul Kabir dba Super Stop 3; DOCKET NUMBER: 2004-1832-PST-E; IDENTIFIER: PST Facility Identification Number 39070, RN103026951; LOCATION: Henderson, Rusk County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; and 30 TAC §334.22(a) and the Code, §5.702, by failing to pay outstanding UST fees; PENALTY: $5,250; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(20) COMPANY: Three Stars Aviation, L.L.C. dba Town & Country Airpark; DOCKET NUMBER: 2004-1898-PST-E; IDENTIFIER: PST Facility Identification Number 56859, RN102277076; LOCATION: Lubbock, Lubbock County, Texas; TYPE OF FACILITY: private air park service with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(21) COMPANY: Travis Richardson as Executor of the Estate of Carrell Richardson dba River Oaks Water System; DOCKET NUMBER: 2004-1703-PWS-E; IDENTIFIER: Public Water Supply Number 0360090, RN101195519; LOCATION: Baytown, Chambers County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(c)(2)(A) and (3), (f)(1)(A), and (g), and §290.122(c), and THSC, §341.033(d), by failing to collect and submit routine water samples for bacteriological analysis, by exceeding the non-acute maximum contaminant level for microbial contamination, by failing to take the appropriate number of repeat samples, by failing to provide public notice, and by failing to take additional routine samples; PENALTY: $1,420; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(22) COMPANY: W W Cattle Feeds, Inc. dba W W Cattle Feeds; DOCKET NUMBER: 2004-1848-MLM-E; IDENTIFIER: Compost Facility Notification Number 47026, RN100756931; LOCATION: Poolville, Parker County, Texas; TYPE OF FACILITY: animal feed production; RULE VIOLATED: 30 TAC §335.4(2), by failing to prevent the disposal of industrial solid waste; and 30 TAC §332.4(2), by failing to compost material in a sanitary manner; PENALTY: $5,500; ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(23) COMPANY: Weirich Bros., Inc.; DOCKET NUMBER: 2004-1072-WQ-E; IDENTIFIER: Storm Water Permit Identification Number TXR05R713, RN103786729; LOCATION: Fredericksburg, Gillespie County, Texas; TYPE OF FACILITY: sand and gravel mining operation; RULE VIOLATED: 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: $1,900; ENFORCEMENT COORDINATOR: Kensley Greuter, (512) 239-2520; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(24) COMPANY: Wallie Jean Wilson dba Wilsons Corner; DOCKET NUMBER: 2004-1941-PST-E; IDENTIFIER: PST Facility Identification Number 59183, RN102267671; LOCATION: Nacogdoches, Nochgdoches County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $950; ENFORCEMENT COORDINATOR: Daniel Siringi, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(25) COMPANY: Wyman-Gordon Forgings LP; DOCKET NUMBER: 2004-0860-IWD-E; IDENTIFIER: TPDES Permit Number 01402, RN100217413; LOCATION: Cypress, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 01402, and the Code, §26.121(a), by failing to comply with the whole effluent toxicity seven day chronic no observed effect concentration limit of 59% for pimephales promelas; PENALTY: $26,500; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-200500743

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 16, 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 April 11, 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 April 11, 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: Jaime Ramirez dba A's Food Store; DOCKET NUMBER: 2004-1614-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 45799, Regulated Entity Reference Number (RN) 101680494; LOCATION: McAllen, Hidalgo County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $2,850; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(2) COMPANY: Akber Ali Virani dba Airwood Grocery; DOCKET NUMBER: 2004-1777-PST-E; IDENTIFIER: PST Facility Identification Number 53750, RN101853711; LOCATION: Baytown, 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 demonstrate acceptable financial assurance; PENALTY: $1,640; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3) COMPANY: Benavides ISD; DOCKET NUMBER: 2004-1623-PST-E; IDENTIFIER: PST Facility Identification Number 18779, RN101781839; LOCATION: Benavides, Duval County, Texas; TYPE OF FACILITY: refueling facility for school district vehicles; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Cari Bing, (512) 239-1445; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(4) COMPANY: Zulfiqar Ali Mehar dba Brookeland Country Mart; DOCKET NUMBER: 2004-2063-PST-E; IDENTIFIER: PST Facility Identification Number 8835, RN101783884; LOCATION: Brookeland, Sabine County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $2,850; ENFORCEMENT COORDINATOR: Daniel Siringi, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(5) COMPANY: Continental Cabinets Manufacturing, Inc.; DOCKET NUMBER: 2004-1361-AIR-E; IDENTIFIER: Air Account Number DB0621J, RN100221753; LOCATION: Lancaster, Dallas County, Texas; TYPE OF FACILITY: cabinet refinishing plant; RULE VIOLATED: 30 TAC §122.145(2)(C) and §122.146(2) and THSC, §382.085(b), by failing to submit the annual compliance certification and the semiannual deviation report; PENALTY: $1,540; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(6) COMPANY: Steve Janssen dba Country Convenience; DOCKET NUMBER: 2004-1342-PWS-E; IDENTIFIER: Public Water Supply Number 1700627, RN101251593; LOCATION: Magnolia, Montgomery County, Texas; TYPE OF FACILITY: transient non-community system; RULE VIOLATED: 30 TAC §290.109(c)(1)(A), (2)(A), and (3)(A), and THSC, §341.033(d), by failing to take routine monthly bacteriological samples, by failing to collect and submit the proper number of additional routine bacteriological samples, and by failing to collect and submit repeat bacteriological samples; 30 TAC §290.122, by failing to provide public notification for the microbial monitoring violations; and 30 TAC §290.51(a)(3) and the Code, §5.702(a), by failing to pay public health service fees; PENALTY: $1,450; ENFORCEMENT COORDINATOR: Mauricio Olaya, (915) 834-4949; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(7) COMPANY: Frazier & Frazier Industries, Inc.; DOCKET NUMBER: 2004-1985-AIR-E; IDENTIFIER: Air Account Number LI0010F, RN100835446; LOCATION: Coolidge, Limestone County, Texas; TYPE OF FACILITY: iron foundry plant; RULE VIOLATED: 30 TAC §101.4 and THSC, §382.085(a) and (b), by failing to prevent an off-property nuisance condition; and 30 TAC §101.201(a)(1)(B) and THSC, §382.085(b), by failing to report an emissions event; PENALTY: $1,440; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(8) COMPANY: Kenneth Keith Goins, Jr.; DOCKET NUMBER: 2004-1752-MLM-E; IDENTIFIER: Municipal Solid Waste Unauthorized Site Number 455100043, RN104379789; LOCATION: Silsbee, Hardin County, Texas; TYPE OF FACILITY: unauthorized municipal waste site; RULE VIOLATED: 30 TAC §111.201 and THSC, §382.085(b), by failing to meet the exception for disposal fires; and 30 TAC §330.4(b), by failing to dispose of municipal waste at an authorized facility; PENALTY: $1,000; ENFORCEMENT COORDINATOR: John Barry, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(9) COMPANY: HCFM, Inc. dba Hill Country Food Mart; DOCKET NUMBER: 2004-1500-PST-E; IDENTIFIER: PST Facility Identification Number 10966, RN101499143; LOCATION: Burnet, Burnet County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; 30 TAC §334.50(a)(1)(A) and (b)(2)(A)(i)(III), by failing to provide a release detection method to detect a release from any portion of the underground storage tank (UST) system, by failing to monitor the piping of the UST system and by failing to conduct the annual performance test; 30 TAC §334.48(c), by failing to conduct inventory control for all USTs; and 30 TAC §334.8(c)(4)(C) and (5)(A)(i) and the Code, §26.3467(a), by failing to submit a new UST registration and self-certification form and by failing to make available to any common carrier a valid delivery certificate; PENALTY: $7,560; ENFORCEMENT COORDINATOR: Chad Blevins, (512) 239-6017; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(10) COMPANY: Liquid Environmental Solutions of Texas, L.P.; DOCKET NUMBER: 2004-1580-AIR-E; IDENTIFIER: Air Account Number DB1564M, RN103002713; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: grease trap waste processing; RULE VIOLATED: 30 TAC §101.4 and THSC, §382.085(a) and (b), by failing to prevent a nuisance condition; and 30 TAC §312.9 and §330.32 and the Code, §5.702, by failing to pay outstanding waste management sludge fees; PENALTY: $1,120; ENFORCEMENT COORDINATOR: Kensley Greuter, (512) 239-2520; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(11) COMPANY: Metro Petroleum Inc.; DOCKET NUMBER: 2004-1749-PST-E; IDENTIFIER: RN104420500; LOCATION: Carrollton, Denton County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to have a valid, current delivery certificate; PENALTY: $6,840; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(12) COMPANY: Momin & Sons Incorporated dba Hearne Food Store; DOCKET NUMBER: 2004-1658-PST-E; IDENTIFIER: PST Facility Identification Number 14909, RN101665388; LOCATION: Hearne, Robertson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $2,850; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 238-2134; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(13) COMPANY: Mona Enterprises, Inc. dba Shop In Market; DOCKET NUMBER: 2004-1735-PST-E; IDENTIFIER: PST Facility Identification Number 27339, RN101782282; 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 demonstrate acceptable financial assurance; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Trina Grieco, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(14) COMPANY: Sari M. Yousef dba Savannah Food & Deli; DOCKET NUMBER: 2004-0692-PST-E; IDENTIFIER: PST Facility Identification Number 12656; LOCATION: Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; 30 TAC §115.242(3) and THSC, §382.085(b), by failing to maintain the Stage II vapor recovery system (VRS); 30 TAC §115.246(1), (4), and (5), and THSC, §382.085(b), by failing to maintain a copy of the current Stage II California Air Resource Board Executive Order on site and available for review, by failing to maintain proof of attendance and completion of the Stage II VRS training, and by failing to maintain a record of the results of testing conducted at the station; 30 TAC §334.45(c)(3)(A), by failing to install and maintain a secure anchor at the base of each Underwriters Laboratories-listed emergency shutoff valve; 30 TAC §334.8(c)(5)(C), by failing to permanently label all tank fill pipes; 30 TAC §334.7(d)(3), by failing to amend, update, or change the registration information to reflect the new owner/operator; 30 TAC §334.50(b)(1)(A) and (d)(1)(B)(ii), and the Code, §26.3475(c), by failing to ensure that all USTs are monitored for releases and by failing to reconcile inventory control records on a monthly basis; 30 TAC §334.49(a), (c)(2)(C) and (4), and the Code, §26.3475(d), by failing to equip the UST system with corrosion protection, by failing to check the cathodic protection rectifier, and by failing to inspect and test the corrosion protection systems; PENALTY: $11,520; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(15) COMPANY: R. J. Smelley Company, Inc. dba R. J. Smelley Dairy; DOCKET NUMBER: 2004-1331-AGR-E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number 0002422000, RN101536886; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: confined animal feeding operation; RULE VIOLATED: 30 TAC §321.31(a), TPDES Permit Number 0002422000, and the Code, §26.121(a), by failing to prevent an unauthorized discharge of wastewater; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(16) COMPANY: Henry Lim dba Sunshine Grocery; DOCKET NUMBER: 2004-1852-PST-E; IDENTIFIER: PST Facility Identification Number 56433, RN101856342; LOCATION: Caney City, Henderson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.49(a) and the Code, §26.3475(d), by failing to equip the UST system with corrosion protection; 30 TAC §334.50(b)(1)(A), (2)(A)(i) and (G), and the Code, §26.3475(a), by failing to have a release detection method capable of detecting releases, by failing to equip each separate pressurized line with an automatic line leak detector, and by failing to provide proper release detection; and 30 TAC §334.48(c), by failing to implement an effective manual or automatic inventory control procedure; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(17) COMPANY: Teppco Crude Oil, LLC; DOCKET NUMBER: 2004-0947-AIR-E; IDENTIFIER: Air Account Number GB0006H, RN102560182; LOCATION: Texas City, Galveston County, Texas; TYPE OF FACILITY: crude oil terminal and storage; RULE VIOLATED: 30 TAC §115.112(a)(2)(E) and THSC, §382.085(b), by failing to identify and repair a torn seal sock and the primary seal on an external floating roof tank; 30 TAC §122.145(2) and §122.146(2) and THSC, §382.085(b), by failing to submit an annual compliance certification and by failing to include unauthorized emissions on the semi-annual deviation report; and 30 TAC §101.201(b)(10) and THSC, §382.085(b), by failing to include a feasible cause or the emissions event; PENALTY: $3,959; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(18) COMPANY: Texas Department of Transportation; DOCKET NUMBER: 2004-0976-MWD-E; IDENTIFIER: TPDES Permit Number 12024-001, RN102075918; LOCATION: Victoria, Victoria County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 12024-001, and the Code, §26.121(a), by failing to comply with effluent limits; and 30 TAC §§30.349, 30.399, 290.36, 305.53, 334.22(a), and 334.128(a), and the Code, §5.702, by failing to pay fees associated with conference/seminar, postage, operator certification, water quality permit application, water works operator certification, and aboveground and UST registrations; PENALTY: $7,400; ENFORCEMENT COORDINATOR: David Van Soest, (512) 239-0468; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(19) COMPANY: Waterside Corporation dba Bayview Marina; DOCKET NUMBER: 2004-1849-PST-E; IDENTIFIER: PST Facility Identification Number 64729, RN102434081; LOCATION: Rowlett, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $950; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-200500795

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 22, 2005

Office of the Governor

Request for Grant Applications (RFA) for the Crime Stoppers Assistance Fund Program

The Criminal Justice Division (CJD) of the Governor’s Office is soliciting applications to provide grants to certified Crime Stoppers organizations in Texas during the state fiscal year 2006 grant cycle.

Purpose: The purpose of the Crime Stoppers Assistance funding is to enhance and assist the community’s efforts in solving serious crimes.

Available Funding: State funding is authorized for these projects under Article 102.013, Texas Code of Criminal Procedure, which designates CJD as the funds administering agency. The source of funding is a biennial appropriation by the Texas Legislature from funds collected through court costs and fees.

Funding Levels:

(1) Minimum grant award - $1,500.

(2) Maximum grant award - $15,000.

Standards: Grantees will comply with the standards applicable to this funding source cited in the Texas Administrative Code, Title 1, Part 1, Chapter 3.

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

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

(2) attorney fees;

(3) construction;

(4) contributions;

(5) extended equipment services arrangements;

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

(7) fundraising;

(8) legal services for adult offenders;

(9) lobbying;

(10) medical services;

(11) membership dues for individuals;

(12) office space rental;

(13) overtime pay;

(14) promotional advertisements of any kind;

(15) promotional gifts;

(16) proselytizing or sectarian worship;

(17) purchase or improvement of real estate;

(18) rewards, except for statewide projects;

(19) subscription fees;

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

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

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

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

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

Eligible Applicants: Eligible applicants are Crime Stoppers organizations as defined by Chapter 414.001 of the Texas Government Code that are certified by the Crime Stoppers Advisory Council to receive repayments under Articles 37.073 and 42,152 of the Texas Code of Criminal Procedure, or payments from a defendant under Article 42.12 of the Texas Code of Criminal Procedure. Section 414.001 of the Texas Governments Code defines a "crime stoppers organization" as follows:

(1) a private, nonprofit organization that is operated on a local or statewide level, that accepts and expends donations for rewards to persons who report to the organization information about criminal activity and that forwards the information to the appropriate law enforcement agency; or

(2) a public organization that is operated on a local or statewide level, that pays rewards to persons who report to the organization information about criminal activity, and that forwards the information to the appropriate law enforcement agency.

Requirements: Crime Stoppers programs must focus on reducing crime through the operation of a hotline that receives information about criminal activities and fugitives from members of the public, guarantees anonymity, forwards the information to the appropriate law enforcement agency, and pays rewards.

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

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

Closing Date for Receipt of Applications: Submit all applications electronically to the Office of the Governor, Criminal Justice Division via email at cjdapps@governor.state.tx.us on or before May 2, 2005.

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

Contact person: If additional information is needed, contact Betty Bosarge at bbosarge@governor.state.tx.us or (512) 463-1919.

TRD-200500828

David Zimmerman

Assistant General Counsel

Office of the Governor

Filed: February 23, 2005

Texas Department of Housing and Community Affairs

Notice of Public Hearing

Single Family Mortgage Revenue Refunding Bonds

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Department") at 507 Sabine Street, Room 435, Austin, Texas, at 12:00 noon on April 4, 2005, with respect to an issue of tax-exempt single family mortgage revenue bonds and tax-exempt single family mortgage revenue refunding bonds (collectively, the "Bonds") to be issued in an aggregate face amount of not more than $125,000,000.

A portion of the proceeds of the Bonds will be used to refund all or a portion of the Department’s outstanding Single Family Mortgage Revenue Bonds, 2004 Series F, thereby making funds available to assist in making single family residential mortgage loans. A portion of the proceeds of the Bonds will be used to refund a portion of the Department's outstanding Single Family Mortgage Revenue Refunding Tax-Exempt Commercial Paper Notes, Series A (AMT) thereby making funds available to make single family residential mortgage loans. All of such single family residential mortgage loans will be made to eligible very low, low and moderate income first-time home buyers for the purchase of homes located within the State of Texas, and are expected to be in an aggregate estimated amount of $125,000,000.

For purposes of the Department's mortgage loan finance programs, eligible borrowers generally will include individuals and families whose family income does not exceed, (i) for families of three or more persons, 115% (140% in certain targeted areas) of the area median income, and (ii) for individuals and families of two persons, 100% (120% in certain targeted areas) of the area median income. In addition, substantially all of the borrowers under the programs will be required to be persons who have not owned a principal residence during the preceding three years. Further, residences financed with loans under the programs will be subject to certain other limitations, including limits on the purchase prices of the residences being acquired. All the limitations described in this paragraph are subject to revision and adjustment from time to time by the Department pursuant to applicable federal law and Department policy.

All interested parties are invited to attend such public hearing to express their views with respect to the Department's mortgage loan finance program and the issuance of the Bonds. Questions or requests for additional information may be directed to Matt Pogor at the Texas Department of Housing and Community Affairs, 507 Sabine Street, 9th Floor, Austin, Texas 78701; (512) 475-3987.

Persons who intend to appear at the hearing and express their views are invited to contact Matt Pogor in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to Matt Pogor prior to the date scheduled for the hearing.

TDHCA WEBSITE: www.tdhca.state.tx.us/hf.htm

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

Non-English speaking individuals who require interpreters for the hearing should contact Matt Pogor at (512) 475-3987 at least three days before the hearing 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.

This notice is published and the above-described hearing is to be held in satisfaction of the requirements of State law and Section 147(f) of the Internal Revenue Code of 1986, as amended, regarding the public approval prerequisite to the exclusion from gross income for federal income tax purposes of interest on the Bonds.

TRD-200500827

Edwina P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: February 23, 2005

Texas Department of Insurance

Company Licensing

Application for admission to the State of Texas by DORAL SERVICES OF TEXAS, INC., a domestic Health Maintenance Organization (HMO). The home office is in Austin, Texas.

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

TRD-200500822

Brenda Caldwell

Special Regulatory Counsel

Texas Department of Insurance

Filed: February 23, 2005

Notice of Public Hearing

The Commissioner of Insurance has rescheduled to Wednesday, March 16, 2005, at 9:30 a.m. in Room 100 of the William P. Hobby, Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, a public hearing under Docket 2611, originally scheduled for February 28, 2005, to consider the Texas Automobile Insurance Plan Association’s (TAIPA) 2005 Private Passenger rate filing pursuant to the Insurance Code, Article 21.81.

Notice of the originally scheduled hearing was published in the February 18, 2005, issue of the Texas Register (30 TexReg 931).

Copies of TAIPA’s proposed private passenger rate filing are available for review in the Office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, TX 78701 during regular business hours. For further information or to request copies of the filing, please contact Sylvia Gutierrez at (512) 463-6327 (refer to Reference No. A-0205-01).

Interested persons, including TAIPA, the Office of Public Insurance Council (OPIC), or any other interested person that desires to submit written comments, proposed changes to the filing, actuarial analyses, or other information should file the comments, proposed changes, actuarial analyses, or other information no later than seven days prior to the date of the hearing. All such submissions should be submitted to the Office of the Chief Clerk, Texas Department of Insurance, P.O. Box 149104, MC 113-2A, Austin, TX 78714-9104. An additional copy of the comments should be submitted to Phil Presley, Chief Actuary, P.O. Box 149104, MC 105-5F, Austin, TX 78714-9104. Interested persons may also present oral comments related to the filing at the public hearing. TAIPA, the public insurance counsel, and any other interested person or entity that has submitted proposed changes or actuarial analyses may ask questions of any person testifying at the hearing.

This notification is made pursuant to the Insurance Code, Article 21.81, Subsection 5(f) which requires notification in the Texas Register of the proposed TAIPA private passenger auto rate filings. A hearing under Article 21.81, §5 is not a contested case hearing under Chapter 2001, Government Code.

TRD-200500778

Brenda Caldwell

Special Regulatory Counsel

Texas Department of Insurance

Filed: February 18, 2005

Notice of Public Hearing

The Commissioner of Insurance will hold a public hearing under Docket No. 2612 on March 22, 2005, at 10:00 a.m. in Room 100 of the William P. Hobby, Jr. State Office Building, in Austin, Texas, to consider a petition by the Texas Windstorm Insurance Association (TWIA) requesting approval of (i) reinsurers to provide per risk reinsurance coverage to TWIA policyholders and (ii) the payment to TWIA that may be included in the total premium charged by TWIA for per risk reinsured excess coverage, as authorized in the Insurance Code Article 21.49 §8E. Section 8E authorizes the TWIA to issue a policy of windstorm and hail insurance that includes coverage for an amount in excess of the maximum limit of liability which is approved by the Commissioner pursuant to the Insurance Code Article 21.49 §8D. The proposed per risk reinsurance program will enable TWIA policyholders to purchase coverage for an amount in excess of the maximum limits of liability currently available through TWIA. The additional windstorm and hail insurance coverage available through TWIA will be available to an individual risk up to the amount of reinsured excess coverage under the reinsured excess coverage program.

Under the Insurance Code Article 21.49 §8E(a), TWIA must obtain such reinsured excess coverage from reinsurers approved by the Commissioner. The Insurance Code Article 21.49 §8E(b) provides that the premium charged by TWIA for the excess coverage shall be equal to the amount of the reinsurance premium charged to TWIA by the reinsurers, plus any payment to TWIA that is approved by the Commissioner.

The reinsurers to provide per risk reinsurance coverage to TWIA policyholders and the payment to TWIA that may be included in the total premium charged by TWIA for per risk reinsured excess coverage under the proposed per risk reinsurance program will be effective as of January 1, 2005. The 2004 per risk reinsurance program was approved by the Commissioner in Commissioner’s Order No. 04-0065; this program expired on December 31, 2004.

The hearing is held pursuant to the Insurance Code Article 21.49 §5A, which provides that the Commissioner, after notice and hearing, may issue any orders considered necessary to carry out the purposes of Article 21.49. Any person may appear to testify for or against the approval of the proposed per risk reinsurance program and the additional charge by TWIA.

Copies of TWIA’s petition and proposed per risk reinsurance agreement are available for review in the Office of the Chief Clerk, Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas, 78714-9104. To request copies of the petition and the proposed per risk reinsurance agreement, please contact Sylvia Gutierrez at (512) 463-6327 (refer to Reference No. P-0205-02).

TRD-200500788

Brenda Caldwell

Special Regulatory Counsel

Texas Department of Insurance

Filed: February 18, 2005

Texas Lottery Commission

Instant Game Number 541 "Bonus Break the Bank"

1.0 Name and Style of Game.

A. The name of Instant Game No. 541 is "BONUS BREAK THE BANK". The play style is "key number match with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 541 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 541.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol- The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, STACK OF BILLS SYMBOL, $1.00, $2.00, $4.00, $5.00, $10.00, $15.00, $20.00, $25.00, $50.00, $100, $500,$1,000, $7,500 or $75,000.

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

Figure 1: GAME NO. 541 - 1.2D

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

Figure 2: GAME NO. 541 - 1.2E

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

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

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

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

I. High-Tier Prize- A prize of $1,000, $7,500 or $75,000.

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

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (541), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 075 within each pack. The format will be: 541-0000001-001.

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

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "BONUS BREAK THE BANK" Instant Game No. 541 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "BONUS BREAK THE BANK" Instant Game is determined once the latex on the ticket is scratched off to expose 38 (thirty-eight) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to any of the LUCKY NUMBERS play symbols within the same game the player wins prize indicated for that number. If a player reveals a money stack play symbol the player wins prize indicated automatically. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

A. To be a valid Instant Game ticket, all of the following requirements must be met:

1. Exactly 38 (thirty-eight) Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink except for dual image games;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly 38 (thirty-eight) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the 38 (thirty-eight) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 38 (thirty-eight) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. No duplicate non-winning Your Numbers on a ticket.

C. No duplicate Lucky Numbers on a ticket.

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

E. A non-winning prize symbol will never be the same as a winning prize symbol.

F. No prize amount in a non-winning spot will correspond with the Your Number play symbol (i.e. 5 and $5).

G. The auto win symbol will never appear more than once in a game, but may appear once in both games on tickets that win 2 or more times.

H. No Your Number play symbol in one game will match a Lucky Number play symbol in the other game.

2.3 Procedure for Claiming Prizes.

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

B. To claim a "BONUS BREAK THE BANK" Instant Game prize of $1,000, $7,500 or $75,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery’s Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "BONUS BREAK THE BANK" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:

1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

2. delinquent in making child support payments administered or collected by the Attorney General; or

3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;

4. in default on a loan made under Chapter 52, Education Code; or

5. in default on a loan guaranteed under Chapter 57, Education Code.

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "BONUS BREAK THE BANK" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "BONUS BREAK THE BANK" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 6,000,000 tickets in the Instant Game No. 541. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 541 - 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 541 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 541, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200500806

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: February 23, 2005

Instant Game Number 542 "MONEY JAR"

1.0 Name and Style of Game.

A. The name of Instant Game No. 542 is "MONEY JAR". The play style is "key number match with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 542 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 542.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol- The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, DOLLAR BILL SYMBOL, $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $40.00, $100 or $1,000.

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

Figure 1: GAME NO. 542 - 1.2D

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

Figure 2: GAME NO. 542 - 1.2E

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

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

G. Low-Tier Prize - A prize of $1.00, $2.00, $4.00, $5.00, $10.00 or $20.00.

H. Mid-Tier Prize - A prize of $40.00 or $100.

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

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

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (542), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 250 within each pack. The format will be: 542-0000001-001.

L. Pack - A pack of "MONEY JAR" Instant Game tickets contains 250 tickets, packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 001 to 005 will be on the top page; tickets 006 to 010 on the next page; etc.; and tickets 246 to 250 will be on the last page. A ticket will be folded over on both the front and back of the book so both ticket art and ticket backs are displayed in the shrink-wrap.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "MONEY JAR" Instant Game No. 542 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "MONEY JAR" Instant Game is determined once the latex on the ticket is scratched off to expose 12 (twelve) Play Symbols. If a player matches any Your Numbers play symbols to either Winning Number play symbol the player wins prize indicated for that number. If a player reveals a dollar bill symbol the player wins prize indicated instantly. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

A. To be a valid Instant Game ticket, all of the following requirements must be met:

1. Exactly 12 (twelve) Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink except for dual image games;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly 12 (twelve) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the 12 (twelve) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 12 (twelve) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. No duplicate non-winning Your Numbers play symbols on a ticket.

C. No duplicate Winning Numbers play symbols on a ticket.

D. No duplicate non-winning prize symbols on a ticket.

E. Non-winning prize symbols will never be the same as the winning prize symbol(s).

F. No prize amount in a non-winning spot will correspond with the Your Number play symbol (i.e. 5 and $5).

G. The auto win symbol will never appear more than once on a ticket.

2.3 Procedure for Claiming Prizes.

A. To claim a "MONEY JAR" Instant Game prize of $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $40.00 or $100, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $40.00 or $100 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "MONEY JAR" Instant Game prize of $1,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery’s Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "MONEY JAR" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:

1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

2. delinquent in making child support payments administered or collected by the Attorney General; or

3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;

4. in default on a loan made under Chapter 52, Education Code; or

5. in default on a loan guaranteed under Chapter 57, Education Code.

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "MONEY JAR" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "MONEY JAR" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 15,120,000 tickets in the Instant Game No. 542. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 542 - 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 542 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 542, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200500807

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: February 23, 2005

Instant Game Number 545 "$30,000 Deal"

1.0 Name and Style of Game.

A. The name of Instant Game No. 545 is "$30,000 DEAL". The play style is "yours beats theirs with add up and auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 545 shall be $3.00 per ticket.

1.2 Definitions in Instant Game No. 545.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol- The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 2, 3, 4, 5, 6, 7, 8, 9, 10, J, Q, K, A, JOKER SYMBOL, 14, 15, 16, 17, 18, 19, 20, $3.00, $6.00, $10.00, $15.00, $30.00, $50.00, $100, $500, $3,000 and $30,000.

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

Figure 1: GAME NO. 545 - 1.2D

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

Figure 2: GAME NO. 545 - 1.2E

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

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

G. Low-Tier Prize - A prize of $3.00, $6.00, $10.00 or $15.00.

H. Mid-Tier Prize - A prize of $30.00, $50.00, $100 or $500.

I. High-Tier Prize- A prize of $3,000 or $30,000.

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

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (545), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 125 within each pack. The format will be: 545-0000001-001.

L. Pack - A pack of "$30,000 DEAL" Instant Game tickets contains 125 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Tickets 001 will shown on the front of the pack; the back of ticket 125 will be revealed on the back of the pack. Every other book will reverse i.e., the back of ticket 001 will be shown on the front of the pack and the front of ticket 125 will be shown on the back of the pack.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "$30,000 DEAL" Instant Game No. 545 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "$30,000 DEAL" Instant Game is determined once the latex on the ticket is scratched off to expose 46 (forty-six) Play Symbols. If the total of any of YOUR HANDS play symbols beats the DEALER’S TOTAL, the player wins prize indicated for that HAND. If any of YOUR HANDS play symbols add up to "21" the player wins double the prize indicated for that HAND. If a player reveals a Joker play symbol the player wins $50.00 instantly. The play symbols "J", "Q", and "K" will have a point value of 10. The play symbol "A" will have a point value of 11. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

A. To be a valid Instant Game ticket, all of the following requirements must be met:

1. Exactly 46 (forty-six) Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink except for dual image games;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly 46 (forty-six) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the 46 (forty-six) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 46 (forty-six) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

A. Consecutive non-winning tickets within a book will not have identical patterns.

B. Players can win up to fifteen (15) times.

C. Jack, Queen and King will have a point value of ten (10). Ace will have a point value of eleven (11).

D. There will be no ties between the DEALER’S TOTAL and any of the fifteen (15) YOUR HANDS totals.

E. The score of twenty-one (21) will never appear in the DEALER’S TOTAL.

F. All YOUR HANDS will consist of two (2) cards.

G. The DEALER’S TOTAL will consist of one (1) play spot.

H. No YOUR HANDS will consist of two (2) Aces.

I. No ticket will ever contain more than four (4) of the same card symbols, simulating a deck of cards.

J. The total of twenty-one (21) will be used according to the prize structure.

K. The Joker Symbol will never appear in a winning Your Hand that beats the Dealer’s Total.

L. The Joker Symbol will only appear as an instant win, as per the prize structure.

M. The total of twenty-one (21) will only appear on winning tickets.

N. Tickets winning with the total of twenty-one (21) will win Double the prize shown for that hand.

O. Winning tickets will not contain more than one (1) Joker Symbol.

P. The Joker symbol will appear only on winning tickets.

Q. The Joker symbol will be used according to the prize structure.

R. Tickets that win with the Joker Symbol, will have a corresponding prize value of $50.

S. Non-winning tickets will never contain three (3) or more identical prize amounts.

T. Non-winning tickets will never contain the total of twenty-one (21) in the entire play area.

U. Non-winning tickets will never contain the Joker symbol in the entire play area.

2.3 Procedure for Claiming Prizes.

A. To claim a "$30,000 DEAL" Instant Game prize of $3.00, $6.00, $10.00, $15.00, $30.00, $50.00, $100 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $30.00, $50.00, $100 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "$30,000 DEAL" Instant Game prize of $3,000 or $30,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery’s Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "$30,000 DEAL" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:

1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

2. delinquent in making child support payments administered or collected by the Attorney General; or

3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;

4. in default on a loan made under Chapter 52, Education Code; or

5. in default on a loan guaranteed under Chapter 57, Education Code.

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "$30,000 DEAL" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "$30,000 DEAL" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 6,000,000 tickets in the Instant Game No. 545. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 545 - 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 545 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 545, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200500808

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: February 23, 2005

Instant Game Number 583 "Spicy Cash Tripler"

1.0 Name and Style of Game.

A. The name of Instant Game No. 583 is "SPICY CASH TRIPLER". The play style is "key number match with multiplier".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 583 shall be $3.00 per ticket.

1.2 Definitions in Instant Game No. 583.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol- The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 3X SYMBOL, 9X SYMBOL, $1.00, $3.00, $6.00, $9.00, $10.00, $15.00, $18.00, $24.00, $30.00, $60.00, $90.00, $300, $3,300, $7,500 or $33,000.

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

Figure 1: GAME NO. 583 - 1.2D

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

Figure 2: GAME NO. 583 - 1.2E

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

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

G. Low-Tier Prize - A prize of $3.00, $6.00, $9.00, $15.00, $18.00 or $24.00.

H. Mid-Tier Prize - A prize of $30.00, $60.00, $90.00 or $300.

I. High-Tier Prize- A prize of $3,000, $3,300 or $33,000.

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

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (583), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 125 within each pack. The format will be: 583-0000001-001.

L. Pack - A pack of "SPICY CASH TRIPLER" Instant Game tickets contains 125 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). There will be two (2) fanfold configurations for this game. Configuration A will show the front of ticket 001 and the back of ticket 125. Configuration B will show the back of ticket 001 and the front of ticket 125.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "SPICY CASH TRIPLER" Instant Game No. 583 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "SPICY CASH TRIPLER" Instant Game is determined once the latex on the ticket is scratched off to expose 33 (thirty-three) Play Symbols. If a player matches of YOUR NUMBERS play symbols to any SPICY CASH NUMBER play symbol the player wins prize indicated for that number. If player reveals 3X play symbol the player wins 3 (three) times the prize indicated for that number. If a player reveals 9X play symbol the player wins 9 (nine) times the prize indicated for that number. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

A. To be a valid Instant Game ticket, all of the following requirements must be met:

1. Exactly 33 (thirty-three) Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink except for dual image games;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly 33 (thirty-three) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the 33 (thirty-three) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 33 (thirty-three) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. No duplicate non-winning YOUR NUMBERS play symbols on a ticket.

C. No duplicate SPICY CASH NUMBERS on a ticket.

D. No more than three pair of duplicate non-winning prize symbols on a ticket.

E. Non-winning prize symbols will never be the same as the winning prize symbol(s).

F. No prize amount in a non-winning spot will correspond with the YOUR NUMBERS play symbol (i.e. 5 and $5).

G. The multiplier symbols will only appear on intended winning tickets as dictated by the prize structure.

2.3 Procedure for Claiming Prizes.

A. To claim a "SPICY CASH TRIPLER" Instant Game prize of $3.00, $6.00, $9.00, $15.00, $18.00, $24.00, $30.00, $60.00, $90.00 or $300, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $30.00, $60.00, $90.00 or $300 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "SPICY CASH TRIPLER" Instant Game prize of $3,000, $3,300 or $33,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery’s Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "SPICY CASH TRIPLER" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:

1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

2. delinquent in making child support payments administered or collected by the Attorney General; or

3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;

4. in default on a loan made under Chapter 52, Education Code; or

5. in default on a loan guaranteed under Chapter 57, Education Code.

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "SPICY CASH TRIPLER" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "SPICY CASH TRIPLER" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 5,040,000 tickets in the Instant Game No. 583. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 583 - 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 583 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 583, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200500809

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: February 23, 2005

Instant Game Number 586 "Lucky Times 20"

1.0 Name and Style of Game.

A. The name of Instant Game No. 586 is "LUCKY TIMES 20". The play style is "match up with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 586 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 586.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol- The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: $0.00, $5.00, $10.00, $15.00, $20.00, $50.00, $100, $1,000 $5,000 or $50,000.

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

Figure 1: GAME NO. 586 - 1.2D

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

Figure 2: GAME NO. 586 - 1.2E

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

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

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

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

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

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

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (586), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 075 within each pack. The format will be: 586-0000001-001.

L. Pack - A pack of "LUCKY TIMES 20" Instant Game tickets contains 75 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket 001 will be shown on the front of the pack; the back of ticket 075 will be revealed on the back of the pack. Every other book will reverse (i.e.) the back of ticket 001 will be shown on the front of the pack and the front of ticket 075 will be shown on the back of the pack.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "LUCKY TIMES 20" Instant Game No. 586 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "LUCKY TIMES 20" Instant Game is determined once the latex on the ticket is scratched off to expose 61 (sixty-one) Play Symbols. If a player reveals two identical prize amounts in any one game, the player wins that prize amount. If a player reveals prize amount in the bonus play area, the player wins that prize amount automatically. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

A. To be a valid Instant Game ticket, all of the following requirements must be met:

1. Exactly 61 (sixty-one) Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink except for dual image games;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly 61 (sixty-one) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the 61 (sixty-one) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 61 (sixty-one) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

A. Consecutive non-winning tickets within a book will not have identical patterns.

B. Prize Match Game: Winning Tickets can win up to twenty (20) times in this play area.

C. Prize Match Game: On winning tickets, no non-winning game will have the same three (3) prize amounts as another non-winning game, in the same order.

D. Prize Match Game: No winning ticket will have more than two (2) of the same prize amounts within the same game.

E. Prize Match Game: Except where required by the prize structure, there will never be more than two (2) games with the same three (3) prize amounts and these games will not have the prizes in the same positions (winning or non-winning).

F. Prize Match Game: Tickets winning multiple prizes will utilize all games (Games 1 -20) to win prize combinations so that the same prize amount is not always won in the same game (i.e. $5 x 2 will not always win in the same games).

G. Prize Match Game: On non-winning tickets, there will never be two (2) or more like prize amounts in any one (1) game.

H. Prize Match Game: On non-winning tickets, there will never be two (2) like prize amounts in the two (2) games directly adjacent to one another horizontally (e.g. the prize of $5 will never appear in both Game 1 and Game 11).

I. Bonus Area: Players can win once in this play area.

J. Bonus Area: Winning tickets in this play area will reveal a prize amount.

K. Bonus Area: Winning tickets in this play area will win only the $5, $10, $15, $20, $50, and $100 prize levels.

L. Bonus Area: Tickets that do not win in the Bonus Area will display the non-winning play symbol: $0.00.

2.3 Procedure for Claiming Prizes.

A. To claim a "LUCKY TIMES 20" Instant Game prize of $5.00, $10.00, $15.00, $20.00, $50.00 or $100, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00 or $100 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "LUCKY TIMES 20" Instant Game prize of $1,000, $5,000 or $50,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery’s Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "LUCKY TIMES 20" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:

1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

2. delinquent in making child support payments administered or collected by the Attorney General; or

3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;

4. in default on a loan made under Chapter 52, Education Code; or

5. in default on a loan guaranteed under Chapter 57, Education Code.

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "LUCKY TIMES 20" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "LUCKY TIMES 20" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 3,960,000 tickets in the Instant Game No. 586. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 586 - 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 586 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 586, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200500810

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

February 23, 2005

Manufactured Housing Division

Notice of Administrative Hearing

Wednesday, March 23, 2005, 1:00 p.m.

State Office of Administrative Hearings, William P. Clements Building, 300 West 15th Street, 4th Floor,

Austin, Texas

AGENDA

Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of the complaint of the Manufactured Housing Division of the Texas Department of Housing and Community Affairs vs. Abel Narezo DBA Abel's Wholesale Homes AKA Abel’s Mobile Home SVC, Inc., to hear alleged violations of Sections 8(d) (currently found under Section 1201.451 of the Occupations Code), by failing to deliver a good and marketable title to a consumer after receiving written notice, as required by (Section 7(j)(3)) currently found under Section 1201.551(a)(3) (requirement to provide title to consumer) and (Section 8(d)) currently found under Section 1201.451 (requirement of seller to provide a good and marketable title) of the Act. SOAH 332-05-3397. Department MHD2004000828-DT.

Contact: Jim R. Hicks, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475-3589, james.hicks@tdhca.state.tx.us

TRD-200500812

Timothy K. Irvine

Executive Director

Manufactured Housing Division

Filed: February 23, 2005

Public Utility Commission of Texas

Notice of Application for Amendment to Certificate of Operating Authority

On February 17, 2005, Sprint Telecommunications Company L.P. filed an application with the Public Utility Commission of Texas (commission) to amend its certificate of operating authority (COA) granted in COA Certificate Number 50006. Applicant intends to expand its geographic area to include the entire State of Texas.

The Application: Application of Sprint Telecommunications Company L.P. for an Amendment to its Certificate of Operating Authority, Docket Number 30773.

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 March 9, 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 30773.

TRD-200500818

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 23, 2005

Notice of Application for Designation as an Eligible Telecommunications Carrier and Eligible Telecommunications Provider Pursuant to P.U.C. Substantive Rule §26.418

Notice is given to the public of an application filed with the Public Utility Commission of Texas on February 16, 2005, for designation as an eligible telecommunications carrier (ETC) and eligible telecommunications provider (ETP) pursuant to P.U.C. Substantive Rule §26.418, and P.U.C. Substantive Rule §26.417.

Docket Title and Number: Application of DialToneServices, L.P. for Designation as an Eligible Telecommunications Carrier and an Eligible Telecommunications Provider in Areas Served by SBC, Verizon and Uncertificated Areas Throughout Texas. Docket Number 30765.

The Application: The company is seeking ETC and ETP designation as a competitive federal ETC and ETP for purposes of qualifying to receive federal universal service support.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than March 18, 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 30765.

TRD-200500794

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 22, 2005

Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on February 14, 2005, for a service provider certificate of operating authority (SPCOA), pursuant to Public Utility Regulatory Act (PURA) §§54.151 - 54.156. A summary of the application follows.

Docket Title and Number: Application of CommPartners, LLC, doing business as CP Telco, LLC for a Service Provider Certificate of Operating Authority, Docket Number 30757 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, T1-Private Line, and long distance services.

Applicant's requested SPCOA geographic area includes the entire State of Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than March 9, 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 30757.

TRD-200500744

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 16, 2005

Notice of Intent to File LRIC Study Pursuant to P.U.C. Substantive Rule §26.215

Notice is given to the public of the filing on February 16, 2005, with the Public Utility Commission of Texas (commission), a notice of intent to file a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.214.

Docket Title and Number: Application of Central Telephone Company of Texas, Incorporated, doing business as Sprint, for Approval of LRIC Study to Introduce Non-Listed Number Service Pursuant to P.U.C. Substantive Rule §26.214, Docket Number 30766.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 30766. Written comments or recommendations should be filed no later than forty-five days after the date of a sufficient study and should be filed at the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free 1-800-735-2989. All comments should reference Docket Number 30766.

TRD-200500793

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 22, 2005

Request for Comments Relating to Amendments to PUC Substantive Rule §25.472(b)(3) Regarding Privacy of Customer Information

The Public Utility Commission of Texas (commission) has initiated Project Number 30769 to amend PUC Substantive Rule §25.472(b)(3) regarding Privacy of Customer Information. The commission seeks comments from interested parties in response to questions regarding the following rule language: "For industrial and commercial customers, the TDU or REP shall not release any information of a prior occupant of the premise, if a prior occupant has designated the information as competitively sensitive."

To date, the commission is not aware of any industrial or commercial customer designating its historical consumption information as competitively sensitive. Historical usage can be requested manually through a Letter of Authorization, or systematically through a switch, move- in or ad hoc historical usage transaction request. Because the current systems for the electronic transfer of information among Retail Electric Providers (REPs), Transmission Distribution Utilities (TDUs) and the Electric Reliability Council of Texas, Incorporated (ERCOT) do not include means to relay the competitively sensitive designation nor block the automated disclosure of historical usage data if it is requested, companies have very limited abilities to prevent disclosure of historical usage information, even if an industrial or commercial customer designates its historical usage data as competitively sensitive. To create routines that would ensure that a non-disclosure request would be honored, ERCOT, REPs and TDUs would have to revise the electronic transactions and back-office systems. This work is estimated to cost approximately $100,000 to $500,000 for ERCOT alone.

In the interest of determining whether the existing rule language is necessary or warrants modification, the commission poses the following questions:

1. Does the Public Utility Regulatory Act require a non-disclosure provision for historical usage data?

2. Could any requirement for non-disclosure be implemented by other means than the existing rule? For example, could disclosure of historical information by a TDU to a REP be permitted, where the REP has been authorized to receive the data, but any further disclosure by the REP be prohibited?

3. Does the benefit of implementing controls in the electronic transaction system to protect "competitively sensitive" information outweigh the cost of implementation?

4. If additional measures to protect "competitively sensitive" information are necessary, are there other methods that would provide for protection of this information at a lower cost?

Responses to the questions may be filed by submitting 16 copies to the commission's Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. All comments should refer to Project Number 30769. Comments must be received by 3:00 p.m. on Monday, April 4, 2005. Reply comments must be received by Monday, April 18, 2005.

TRD-200500799

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 22, 2005

San Antonio-Bexar County Metropolitan Planning Organization

Request for Proposals

The San Antonio-Bexar County Metropolitan Planning Organization (MPO) is seeking proposals from qualified firms to conduct the South Texas Medical Center Microsimulation Model Expansion project.

A copy of the Request for Proposals (RFP) may be requested by downloading the RFP and attachments from the MPO's website at www.sametroplan.org or calling Jeanne Geiger, Deputy Director, at (210) 227-8651. Anyone wishing to submit a proposal must do so by 12:00 p.m. (CST), Friday, April 1, 2005 at the MPO office:

Joanne Walsh, Director

San Antonio-Bexar County Metropolitan Planning Organization

1021 San Pedro, Suite 2200

San Antonio, Texas 78212

The contract award will be made by the MPO's Transportation Policy Board based on the recommendation of the project's oversight committee. The South Texas Medical Center Microsimulation Model Expansion project oversight committee will review the proposals based on the evaluation criteria listed in the RFP.

Funding for this study, in the amount of $250,000, is contingent upon the availability of Federal transportation planning funds.

TRD-200500803

Jeanne Geiger

Deputy Director

San Antonio-Bexar County Metropolitan Planning Organization

Filed: February 23, 2005

Request for Proposals

The San Antonio-Bexar County Metropolitan Planning Organization (MPO) is seeking proposals from qualified firms to conduct the Traffic Signal Re-timing Study III.

A copy of the Request for Proposals (RFP) may be requested by downloading the RFP and attachments from the MPO's website at www.sametroplan.org or calling Jeanne Geiger, Deputy Director, at (210) 227-8651. Anyone wishing to submit a proposal must do so by 12:00 p.m. (CST), Friday, April 1, 2005 at the MPO office:

Joanne Walsh, Director

San Antonio-Bexar County Metropolitan Planning Organization

1021 San Pedro, Suite 2200

San Antonio, Texas 78212

The contract award will be made by the MPO's Transportation Policy Board based on the recommendation of the project's oversight committee. The Traffic Signal Re-timing Study III oversight committee will review the proposals based on the evaluation criteria listed in the RFP.

Funding for this study, in the amount of $100,000, is contingent upon the availability of Federal transportation planning funds.

TRD-200500804

Jeanne Geiger

Deputy Director

San Antonio-Bexar County Metropolitan Planning Organization

Filed: February 23, 2005

Texas Department of Transportation

Request for Proposal for Aviation Engineering Services

The City of Stephenville, through its agent, the Texas Department of Transportation (TxDOT), intends to engage an Aviation Professional Engineering Firm for services pursuant to Subchapter A, Chapter 2254 of the Government Code. TxDOT, Aviation Division will solicit and receive proposals for professional aviation engineering design services described below:

Airport Sponsor: City of Stephenville, Clark Field Municipal Airport; TxDOT CSJ No. 0502STVLE; Scope: Provide engineering/design services for site development and associated appurtenances for pre-engineered metal aircraft hangar building system, and for expansion of the existing apron, with associated utility relocations and minor drainage improvements at the Clark Field Airport.

The DBE goal is set at 12%. TxDOT Project Manager is Steve Roth.

To assist in your proposal preparation the most recent Airport Layout Plan and 5010 drawing and project narrative are available online at www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm by selecting "Clark Field Municipal Airport".

Interested firms shall utilize the latest version of Form AVN-550, titled "Aviation Engineering Services Proposal". The form may be requested from TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, phone number 1-800-68-PILOT (74568). The form may be e-mailed by request or downloaded from the TxDOT web site, URL address http://www.dot.state.tx.us/avn/avn550.doc. The form may not be altered in any way. All printing must be in black on white paper, except for the optional illustration page. Firms must carefully follow the instructions provided on each page of the form. Proposals may not exceed the number of pages in the proposal format. The proposal format consists of seven pages of data plus two optional pages consisting of an illustration page and a proposal summary page. Proposals shall be stapled but not bound in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.

(Attention: To ensure utilization of the latest version of Form 550, firms are encouraged to download Form 550 from the TxDOT website as addressed above. Utilization of Form 550 from a previous download may not be the exact same format. Form 550 is an MS Word Template.)

Four completed, unfolded copies of Form AVN 550 must be postmarked by U. S. Mail by midnight March 18, 2005 (CST). Mailing address: TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483. Overnight delivery must be received by 4:00 p.m. (CST) on March 21, 2005; overnight address: TxDOT, Aviation Division, 200 E. Riverside Drive, Austin, Texas, 78704. Hand delivery must be received by 4:00 p.m. March 21, 2005 (CST); hand delivery address: 150 E. Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704. Electronic facsimiles or forms sent by e-mail will not be accepted. Please mark the envelope of the forms to the attention of Edie Stimach.

The consultant selection committee will be composed of local government members.

The final selection by the sponsor’s committee will generally be made following the completion of review of proposals. The committee will review all proposals and rate and rank each. The criteria for evaluating engineering proposals can be found at www.dot.state.tx.us/business/avnconsultinfo.htm. All firms will be notified and the top rated firm will be contacted to begin fee negotiations. The selection committee does, however, reserve the right to conduct interviews of the top rated firms if the committee deems it necessary. In such case, selection will be made following interviews.

If there are any procedural questions, please contact Edie Stimach, Grant Manager, or Steve Roth, Project Manager for technical questions at 1-800-68-PILOT (74568).

TRD-200500790

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: February 22, 2005

Texas Water Development Board

Applications Received

Pursuant to the Texas Water Code, §6.195, the Texas Water Development Board provides notice of the following applications received by the Board:

City of El Paso, 1154 Hawkins Blvd., El Paso, Texas 79925, received December 14, 2004, application for financial assistance in the amount of $10,000,000 from the Clean Water State Revolving Fund.

Fort Hancock Water Control and Improvement District, 801 North Knox Avenue, Fort Hancock, Texas 79839, received November 2, 2004, application for financial assistance in the amount of $616,000 consisting of a $560,000 grant from the Small Community Hardship Program and a $56,000 loan from the Texas Water Development Funds.

Porter Water Supply Corporation, 22162 Water Well Road, Porter, Texas 77365-5380, received January 31, 2005, application for additional financial assistance in the amount of $500,000 from the Texas Water Development Funds.

City of Roma, 77 Convent Street, Roma, Texas 78584, received February 17, 2005, application for additional financial assistance in the amount of $8,339,675 grant/loan from the Economically Distressed Areas Account of the Texas Water Development Funds.

Brooks County, P.O. Box 515, Falfurrias, Texas 78355, received December 16, 2004, application for financial assistance in an amount not to exceed $75,000 from the Research and Planning Fund.

City of Cibolo, 200 South Main, Cibolo, Texas 78108, received December 16, 2004, application for financial assistance in an amount not to exceed $60,000 from the Research and Planning Fund.

City of Fort Worth - Lebow Creek, 1000 Throckmorton Street, Fort Worth, Texas 79102-6311, received December 16, 2004, application for financial assistance in an amount not to exceed $107,500 from the Research and Planning Fund.

City of Fort Worth - Zoo Creek, 1000 Throckmorton Street, Fort Worth, Texas 79102-6311, received December 16, 2004, application for financial assistance in an amount not to exceed $157,000 from the Research and Planning Fund.

City of Friendswood, 10 South Friendswood Drive, Friendswood, Texas 77546-4856, received December 16, 2004, application for financial assistance in an amount not to exceed $175,000 from the Research and Planning Fund.

City of Pasadena, 901 Curtis, Suite 31, Pasadena, Texas 77502, received December 16, 2004, application for financial assistance in an amount not to exceed $201,000 from the Research and Planning Fund.

City of San Marcos, 630 East Hopkins Street, San Marcos, Texas 78666, received December 16, 2004, application for financial assistance in an amount not to exceed $200,000 from the Research and Planning Fund.

City of Taylor, 400 Porter Street, Taylor, Texas 76574, received December 16, 2004, application for financial assistance in an amount not to exceed $100,000 from the Research and Planning Fund.

Upper Brush Creek Water Control and Improvement District c/o Sheets & Crossfield, P.C., 309 East Main Street, Round Rock, Texas 78664-5246, received December 16, 2004, application for financial assistance in an amount not to exceed $162,000 from the Research and Planning Fund.

TRD-200500829

Suzanne Schwartz

General Counsel

Texas Water Development Board

Filed: February 23, 2005

Texas Workers' Compensation Commission

Invitation to Apply to the Medical Advisory Committee (MAC)

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

Primary

*Public Health Care Facility

Alternate

*Public Health Care Facility

*Dentist

*Podiatrist

*Employer

*Employee

*General Public Representative 1

*General Public Representative 2

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Maintain knowledge of MAC proceedings.

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

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

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

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

a. Preparation of a suitable agenda.

b. Planning MAC activities.

c. Establishing meeting dates and calling meetings.

d. Establishing subcommittees.

e. Recommending MAC members to serve on subcommittees.

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

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

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

Preparing agenda and support materials for each meeting.

Preparing and distributing information and materials for MAC use.

Maintaining MAC records.

Preparing minutes of meetings.

Arranging meetings and meeting sites.

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

Maintaining attendance records.

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

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

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

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

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

Comportment Requirements for MAC Members:

Learn their duties and perform them in a responsible manner;

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

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

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

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

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

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

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

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

TRD-200500823

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: February 23, 2005