An application was received from MemberSource Credit Union, Houston, Texas to expand its field of membership. The proposal would permit employees of Cypress Creek Pest Control, Inc., and their subsidiaries, affiliates or successors, who work in, are paid or supervised from Houston, Texas, to be eligible for membership in the credit union.

An application was received from Texas Health Credit Union, Austin, Texas to expand its field of membership. The proposal would permit persons who live, work, attend school, or worship, and businesses within a ten mile radius of the credit union’s office located at 4800 Grover Avenue, Austin, Texas, to be eligible for membership in the credit union.

An application was received from U. S. Employees Credit Union, The Woodlands, Texas to expand its field of membership. The proposal would permit persons who live, work, worship, or attend school within a ten mile radius of the credit union’s branch office, located at 9700 Richmond, Suite 150, Houston, Texas 77042, to be eligible for membership in the credit union.

An application was received from Ward County Teachers Credit Union (#1), Monahans, Texas to expand its field of membership. The proposal would permit persons who live, worship, attend school or work in Ward, Brewster, Crane, Jeff Davis and Pecos Counties, Texas, to be eligible for membership in the credit union.

An application was received from Ward County Teachers Credit Union (#2), Monahans, Texas to expand its field of membership. The proposal would permit persons who live, worship, attend school or work in Ector County, Texas, to be eligible for membership in the credit union.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Credit unions that wish to comment on any application must also complete a Notice of Protest form. The form may be obtained by contacting the Department at (512) 837-9236 or downloading the form at http://www.tcud.state.tx.us/applications.html. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.

TRD-200501180

Harold E. Feeney

Commissioner

Credit Union Department

Filed: March 16, 2005

Notice of Final Action Taken

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

Application(s) to Expand Field of Membership - Approved

Fort Worth Community Credit Union (#5), Bedford, Texas (Conditional)- See Texas Register issue dated April 30, 2004.

St. Joseph’s Credit Union, San Antonio, Texas- See Texas Register issue dated November 26, 2004.

Texas Dow Employees Credit Union, Lake Jackson, Texas- See Texas Register issue dated November 26, 2004.

Associated Credit Union of Texas, Texas City, Texas- See Texas Register issue dated December 31, 2004.

Texas Bay Area Credit Union, Pasadena, Texas- See Texas Register issue dated December 31, 2004.

Texas Employees Credit Union, Dallas, Texas- See Texas Register issue dated December 31, 2004.

Harlingen Area Teachers Credit Union, Harlingen, Texas- See Texas Register issue dated December 31, 2004.

InvesTex Credit Union, Houston, Texas (Amended)- Persons who live within a 10-mile radius of the InvesTex Credit Union offices located at: 905 Aldine Bender Road, Houston, TX 77032 and 230 Cypresswood, Spring, TX 77388.

Application(s) to Amend Articles of Incorporation- Approved

Dresser Central Credit Union, Houston, Texas- See Texas Register issue dated December 31, 2004.

Application(s) for a Merger or Consolidation- Approved

Houston Association of Realtors Credit Union (Houston) and First Service Credit Union (Houston)- See Texas Register issue dated December 3, 2004.

TRD-200501182

Harold E. Feeney

Commissioner

Credit Union Department

Filed: March 16, 2005

Texas Commission on Environmental Quality

Notice of District Petition

Notice mailed March 10, 2005

INFORMATION SECTION

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

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

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

TRD-200501185

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 15, 2005

Notice of Water Quality Applications

The following notices were issued during the period of March 8, 2005 through March 14, 2005.

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

AQUA UTILITIES, INC. which operates the Country View Estates Water Treatment Plant, has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0004701000, to authorize the discharge of filter backwash and reverse osmosis reject water at a daily average flow not to exceed 17,280 gallons per day via Outfall 001. The facility is located northeast of Medina Lake on Park Road 37 approximately 2.5 miles west of State Highway 16 and approximately 10.5 miles northwest of the City of Helotes, Medina County, Texas.

CITY OF AUSTIN has applied for a renewal of TPDES Permit No. 10543-011, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 75,000,000 gallons per day. The facility is located approximately one mile east of the intersection of Farm-to-Market Road 969 and U.S. Highway 183, on the south side of Farm-to-Market Road 969 in Travis County, Texas.

CITY OF BURKBURNETT which operates a water treatment plant, has applied to for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0004753000, to authorize the discharge of water treatment wastes at a daily average flow not to exceed 30,000 gallons per day via Outfall 001. The facility is located at 1953 Ashton Road, approximately 2.5 miles east of the City of Burkburnett, Wichita County, Texas.

THE CITY OF GREGORY has applied to for a renewal of TPDES Permit No. 10092-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 320,000 gallons per day. The facility is located at 300 Sunset at the intersection of Sunset Road and Blackwelder Street, approximately 1/2 mile northwest of the convergence of U.S. Highway 181 and State Highway 35 and southwest of the City of Gregory in San Patricio County, Texas.

KENDALL COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 has applied for a renewal of TPDES Permit No. 10414-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 350,000 gallons per day. The facility is located northeast and adjacent to the intersection of Interstate Highway 10 and Farm-to-Market Road 473, east of Comfort in Kendall County, Texas.

THE CITY OF ORANGE GROVE has applied for a renewal of TPDES Permit No. 10592-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 200,000 gallons per day. The facility is located on the east side of County Road 351, approximately 0.5 mile south of the City of Orange Grove and approximately 0.9 mile south of the intersection of County Road 351 and Farm-to-Market Road 624 in Jim Wells County, Texas.

CITY OF ORANGE has applied for a renewal of TPDES Permit No. 10626-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 7,000,000 gallons per day. The facility is located at 402 South 10th Street, between Jackson Street and Polk Avenue and approximately 1,800 feet west of Farm-to-Market Road 1006 (Border Street) in Orange County, Texas.

CITY OF ROSENBERG has applied for a renewal of TPDES Permit No. WQ0010607003, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,000,000 gallons per day . The facility is located at 2700 Avenue A, southeast of the intersection of 8th Street and Avenue A, approximately one mile north of the Missouri Pacific Railroad in the City of Rosenberg in Fort Bend County, Texas.

SAN ANTONIO RIVER AUTHORITY has applied for a renewal of TPDES Permit No. 10749- 001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 5,830,000 gallons per day. The facility is located at 9638 Schaefer Road in City of Converse, approximately 0.5 mile southeast of the intersection of Farm-to-Market Roads 78 and 1516 in Bexar County, Texas.

The Texas Commission on Environmental Quality (TCEQ) has initiated a minor modification of the Texas Pollutant Discharge Elimination System (TPDES) permit issued to CITY OF SHERMAN to incorporate a substantial modification to the approved pretreatment program . The existing permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 16,000,000 gallons per day. The existing permit authorizes the land application of Class A sewage sludge for beneficial use. The applicant has applied to the TCEQ for approval of a substantial modification to its approved pretreatment program under the TPDES program. The wastewater treatment facility and sludge treatment works are located south of the Farm-to-Market Road 1417 Bridge over Post Oak Creek on the west side of Post Oak Creek southeast of the City of Sherman in Grayson County, Texas. The treated effluent is discharged to Post Oak Creek; thence to Choctaw Creek; thence to the Red River Below Lake Texoma in Segment No. 0202 of the Red River Basin.

TEXAS DEPARTMENT OF TRANSPORTATION has applied for a renewal of Permit No. 11364-001, which authorizes the disposal of treated domestic wastewater at a volume not to exceed a daily average flow of 12,800 gallons per day via irrigation of 1.5 acres of land. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located adjacent to Interstate Highway 10, approximately 4.0 miles east of the intersection of Interstate Highway 10 and Farm-to-Market Road 1604 in Bexar County, Texas.

TEXAS PARKS AND WILDLIFE DEPARTMENT has applied for a renewal of Permit No. 12014-001, which authorizes the disposal of treated domestic wastewater at a volume not to exceed a daily average flow of 32,000 gallons per day via surface irrigation of 13 acres of pastureland. The draft permit authorizes the disposal of treated domestic wastewater at a volume not to exceed a daily average flow of 16,000 gallons per day via surface irrigation of 6.1 acres of non-public access pastureland. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located on the north side of Honey Creek, approximately 6.8 miles northwest of the intersection of State Highway 46 and U.S. Highway 281 in Comal County, Texas.

Written comments or requests for a public meeting may be submitted to the Office of the Chief Clerk, at the address provided in the information section above, WITHIN 30 DAYS OF THE ISSUED DATE OF THIS NOTICE

FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 34 has applied for a minor amendment to the Texas Pollutant Discharge Elimination System (TPDES) permit to authorize an additional interim phase at a daily average flow not to exceed 500,000 gallons per day. The existing permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 900,000 gallons per day. The facility is located approximately 2.1 miles east-northeast of the intersection of Farm-to-Market Roads 1093 and 723 in Fort Bend County, Texas.

Written comments or requests for a public meeting may be submitted to the Office of the Chief Clerk, at the address provided in the information section above, WITHIN 10 DAYS OF THE ISSUED DATE OF THIS NOTICE.

The Texas Commission on Environmental Quality (TCEQ) has initiated a minor modification of the Texas Pollutant Discharge Elimination System (TPDES) permit issued to CITY OF HOUSTON, DEPARTMENT OF PUBLIC WORKS AND ENGINEERING, P.O. Box 262549, Houston, Texas 77207-2549, to correct a typographical error in the Biomonitoring Requirements on Page 28, Item 1.e. of the existing permit. The existing permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 720,000,000 gallons per day. The facility is located south of the City of Alief and on the south bank of Keegans Bayou; approximately 3,600 feet west of Keegan Road and 1,600 feet north of West Bellfort Avenue in Harris County, Texas.

TRD-200501186

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 16, 2005

Notice of Water Rights Application

Notice mailed March 16, 2005.

Application No. 5871; The North Texas Municipal Water District (NTMWD), P.O. Box 2408, Wylie, Texas 75098, seeks a Temporary Water Use Permit pursuant to11.138 of the Texas Water Code, and Texas Commission on Environmental Quality Rules 30 Texas Administrative Code (TAC) 295.1, et seq. NTMWD seeks authorization to divert and use not to exceed 750 acre-feet of water per year for a 3-year period (for a total of 2,250 acre-feet of water) from the East Fork Trinity River, tributary of the Trinity River, Trinity River Basin, for agricultural purposes to facilitate the development of a constructed wetland. Diversion will be from the East Fork Trinity River near the crossing at Highway 175, 10.6 miles west-northwest of the City of Kaufman in Kaufman County, located at Latitude 32.621 N and Longitude 96.491 W, also being S59.062 E, 5,030 feet from the west corner of the D. Wilkerson Survey, Abstract No. 566, in Kaufman County. The water will be diverted, at a maximum diversion rate of 3.342 cfs (1,500 gpm), into an off-channel constructed wetland reservoir, which is located S35.9514 E, 6,104 from the west corner of the D. Wilkerson Survey, also located at Latitude 32.606 N and Longitude 96.494 W. The off-channel constructed wetland reservoir will have a surface area of 234 acres and will impound 143 acre-feet of water. Water diverted but not consumed, estimated not to exceed 38 acre-feet of water per year, will be returned to the East Fork Trinity River. NTMWD's ownership of the land upon which the constructed wetland will be constructed is evidenced by an Agreement for Easements Permitting Water District Use of the Seagoville Ranch recorded as Document 00017410, Book OR, Volume 2476, Page 327 through 353 of the Deed Records of Kaufman County, Texas. The Commission will review the application as submitted by the applicant and may or may not grant the application as requested. The application and partial fees were received on December 3, 2004, and additional information and fees were received January 31, 2005. The application was declared administratively complete and filed with the Office of the Chief Clerk on February 24, 2005. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, by April 6, 2005.

INFORMATION SECTION

A public meeting is intended for the taking of public comment, and is not a contested case hearing.

The Executive Director can consider approval of an application unless a written request for a contested case hearing is filed. 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) applicant's name and permit number; (3) the statement "[I/we] request a contested case hearing;" and (4) a brief and specific description of how you would be affected by the application in a way not common to the general public. You may also submit any proposed conditions to the requested application which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the TCEQ Office of the Chief Clerk at the address provided in the information section below.

If a hearing request is filed, the Executive Director will not issue the requested permit and may forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.

Written hearing requests, public comments or requests for a public meeting 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, at 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-200501184

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 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 May 9, 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 May 9, 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: 2000 IIG Inc. dba Diamond Smart 2; DOCKET NUMBER: 2004-2000-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Number 39845, Regulated Entity Reference Number (RN) 101801157; 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: $2,910; ENFORCEMENT COORDINATOR: Daniel Siringi, (409) 898-3838; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY: Shreehari Krupa Corporation dba BP Foodmart; DOCKET NUMBER: 2004- 2066-PST-E; IDENTIFIER: PST Number 47417, RN102265451; LOCATION: Waco, McLennan County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(a)(1)(A) and (b)(2)(A)(i)(III) and (ii)(I), and the Code, §26.3475(a) and (c)(1), by failing to provide adequate release detection, by failing to conduct a line leak detector test, and by failing to conduct a piping test; and 30 TAC §334.22(a) and the Code, §5.702, by failing to pay outstanding underground storage tank (UST) annual registration fees; PENALTY: $2,550; ENFORCEMENT COORDINATOR: Cari Bing, (512) 239-1445; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(3) COMPANY: CHS Inc.; DOCKET NUMBER: 2004-1723-PST-E; IDENTIFIER: RN100529015; LOCATION: Littlefield, Lamb County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator had a valid, current delivery certificate; PENALTY: $7,200; ENFORCEMENT COORDINATOR: Ruben Soto, (512) 239-4571; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414- 3520, (806) 796-7092.

(4) COMPANY: Chevron Pipe Line Company; DOCKET NUMBER: 2004-0592-AIR-E; IDENTIFIER: General Operating Permit Number 515, Air Permit Number 49038, Air Account Number SG-00033-L, RN100215128; LOCATION: Hermleigh, Scurry County, Texas; TYPE OF FACILITY: crude oil pipeline station; RULE VIOLATED: 30 TAC §116.115(b)(2)(F), Air Permit Number 49038, General Operating Permit Number 515, and THSC, §382.085(b), by failing to meet the volatile organic compound emission limits; PENALTY: $7,500; ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(5) COMPANY: ConocoPhillips Company; DOCKET NUMBER: 2004-1617-AIR-E; IDENTIFIER: Air Account Number BL0042G, Air Permit Number 5682A, RN101619179; LOCATION: Old Ocean, Brazoria County, Texas; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 5682A, and THSC, §382.085(b), by exceeding the permitted limits during an avoidable emissions event; PENALTY: $10,000; ENFORCEMENT COORDINATOR: David Van Soest, (512) 239-0468; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(6) COMPANY: DSM Nutritional Products, Inc.; DOCKET NUMBER: 2004-1271-AIR-E; IDENTIFIER: Air Account Number BL0033H, RN101190221; LOCATION: Freeport, Brazoria County, Texas; TYPE OF FACILITY: medicinal chemicals and botanical products manufacturing; RULE VIOLATED: 30 TAC §101.359 and THSC, §382.085(b), by failing to submit the ECT-1 Form, Annual Compliance Report; PENALTY: $1,070; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(7) COMPANY: Charles Donaldson; DOCKET NUMBER: 2004-0264-PWS-E; IDENTIFIER: Public Water Supply (PWS) Number 1012607, RN101232213; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.41(c)(1)(F) and (3)(B), (K), and (O) and §290.43(e), by failing to make available upon request a sanitary control easement, by failing to provide a well casing 18 inches above the elevation of the finished floor, by failing to properly screen the well casing vent, and by failing to secure the hypochlorinator solution containers and pumps in a secure closure; 30 TAC §290.110(b)(4), (c)(5)(A), and (d)(3), by failing to maintain a free chlorine residual concentration of 0.2 milligrams per liter, by failing to perform the chlorine residual tests, and by failing to possess a chlorine test kit which uses the Diethyl-p-Phenylenediamine method; 30 TAC §290.46(m) and (v), by failing to maintain good housekeeping and by failing to install all water system electrical wiring in a securely mounted conduit; 30 TAC §290.42(e)(5), by failing to house the hypochlorinator in an enclosed building; 30 TAC §290.45(d)(2)(A)(ii), by failing to provide a minimum pressure tank capacity of 220 gallons; and 30 TAC §290.43(d)(2), by failing to provide the pressure tank with an easily readable pressure gauge; PENALTY: $5,150; ENFORCEMENT COORDINATOR: David Van Soest, (512) 239-0468; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(8) COMPANY: Dung Phat, Inc. dba D P Seafood; DOCKET NUMBER: 2004-1585-PST-E; IDENTIFIER: PST Facility Identification Number 67176, RN101882603; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: fleet refueling; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $3,150; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(9) COMPANY: Sidheshwar Singh dba Fairmont Food Mart; DOCKET NUMBER: 2004-1747- PST-E; IDENTIFIER: PST Facility Identification Number 73660, RN101848232; LOCATION: La Porte, 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: $1,680; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(10) COMPANY: Arcelia Garcia dba Garcia's Food Store; DOCKET NUMBER: 2004-1420- PST-E; IDENTIFIER: PST Facility Identification Number 10661, RN101431476; 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; 30 TAC §334.48(c), by failing to perform inventory control; 30 TAC §334.50(b)(1)(A) and (2) and the Code, §26.3475(c)(1), by failing to monitor the USTs in manner which will detect a release and by failing to monitor the piping; 30 TAC §115.244(1) and THSC, §382.085(b), by failing to conduct daily inspections of the vapor recovery equipment; and 30 TAC §115.248(1) and THSC, §382.085(b), by failing to ensure that at least one facility representative receive training and instruction in the operation and maintenance of the Stage II vapor recovery system (VRS); PENALTY: $7,200; ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(11) COMPANY: Joe Pratt dba Harbor Light Marina; DOCKET NUMBER: 2004-1866-PST-E; IDENTIFIER: PST Facility Identification Number 47523, RN101541399; LOCATION: Mabank, Kaufman 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: $1,050; ENFORCEMENT COORDINATOR: Brent Hurta, (512) 239-6589; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(12) COMPANY: Industrial Models, Inc.; DOCKET NUMBER: 2004-1993-AIR-E; IDENTIFIER: Air Account Number CV0058H, RN100225952; LOCATION: Gainesville, Cooke County, Texas; TYPE OF FACILITY: plastics products manufacturing; RULE VIOLATED: 30 TAC §122.146(1) and THSC, §382.085(b), by failing to submit the required annual permit compliance certification; PENALTY: $2,040; ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(13) COMPANY: Jarral's International, Inc. dba Express Lane Mobil Mart; DOCKET NUMBER: 2004-1778-PST-E; IDENTIFIER: PST Facility Identification Number 43965, RN101826402; LOCATION: League City, Galveston County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $820; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(14) COMPANY: Permian Real Estate Inc. dba Southland Homes; DOCKET NUMBER: 2004- 1741-WQ-E; IDENTIFIER: RN104403878; LOCATION: Abilene, Taylor County, Texas; TYPE OF FACILITY: general contracting company; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations (CFR) §122.26(a), by failing to obtain authorization to discharge storm water associated with construction activities; PENALTY: $600; ENFORCEMENT COORDINATOR: Brandon Smith, (512) 239-4471; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(15) COMPANY: TammyMalik Enterprises, Inc. dba Poolville One Stop; DOCKET NUMBER: 2004-1837-PST-E; IDENTIFIER: PST Facility Identification Number 69150, RN101557841; LOCATION: Poolville, Parker 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: $800; ENFORCEMENT COORDINATOR: Jill McNew, (512) 239-0560; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(16) COMPANY: Ram Diversified, Inc. dba Copperfield Texaco; DOCKET NUMBER: 2004- 1802-PST-E; IDENTIFIER: PST Facility Identification Number 66810, RN102390234; 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: $1,940; ENFORCEMENT COORDINATOR: Shontay Wilcher, (512) 239- 2136; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767- 3500.

(17) COMPANY: City of Rio Hondo; DOCKET NUMBER: 2004-1683-PWS-E; IDENTIFIER: PWS Number 0310006, RN101209195; LOCATION: Rio Hondo, Cameron County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(b)(1) and (2) and (f)(4) and (5), and THSC, §341.0315(c), by failing to comply with the maximum contaminant level for total trihalomethanes and haloacetic acids; PENALTY: $575; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(18) COMPANY: Joey Sulak dba Riverside Drive In; DOCKET NUMBER: 2004-1910-PST-E; IDENTIFIER: PST Facility Identification Number 33310, RN102271590; LOCATION: near East Bernard, Fort Bend 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: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(19) COMPANY: Bobby Joe Williams dba Sparky's Quick Stop; DOCKET NUMBER: 2004- 2025-PST-E; IDENTIFIER: PST Facility Identification Number 74071, RN101435568; LOCATION: La Porte, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and (d)(1)(B)(ii) and (4)(A)(ii)(II), and the Code, §26.3475(c)(1), by failing to monitor the regular unleaded UST for releases and by failing to conduct reconciliation of detailed inventory control records; 30 TAC §334.8(c)(5)(C), by failing to ensure that a legible tag, label, or marking is permanently applied upon or affixed to either the top of the fill tube or to a removable point; 30 TAC §115.242(3)(A) and THSC, §382.085(b), by failing to provide and maintain the Stage II VRS; and 30 TAC §334.22(a) and the Code, §5.702, by failing to pay the UST registration annual fee; PENALTY: $3,200; ENFORCEMENT COORDINATOR: Kimberly Morales, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(20) COMPANY: Jayesh I. Patel dba Spring Creek Trading Post; DOCKET NUMBER: 2004- 1656-PST-E; IDENTIFIER: PST Facility Identification Number 16768, RN102493285; LOCATION: Tomball, 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: $800; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490- 3096; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767- 3500.

(21) COMPANY: J. H. Strain & Sons, Inc. dba JH Strain & Sons Bean Pit; DOCKET NUMBER: 2004-1037-WQ-E; IDENTIFIER: RN102747862; LOCATION: near Lueders, Haskell County, Texas; TYPE OF FACILITY: rock crushing; 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: $7,200; ENFORCEMENT COORDINATOR: Audra Ruble, (361) 825-3100; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(22) COMPANY: Tri State Electric, Ltd.; DOCKET NUMBER: 2004-2090-AIR-E; IDENTIFIER: Air Account Number EE1700B, PST Facility Identification Number 25113, RN100818558; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: electrical contracting; RULE VIOLATED: 30 TAC §114.100(a) and THSC, §382.085(b), by allegedly having dispensed gasoline with an oxygen content lower than the 2.7% by weight; PENALTY: $720; ENFORCEMENT COORDINATOR: Leila Pezeshki, (210) 490-3096; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(23) COMPANY: City of Waller; DOCKET NUMBER: 2004-1798-MWD-E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0010310001, RN102844834; LOCATION: Waller, Waller County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0010310001, and the Code, §26.121(a), by failing to comply with the permit effluent limits for total chlorine residual and carbonaceous biochemical oxygen demand; PENALTY: $4,448; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(24) COMPANY: Weatherford Aerospace, Inc.; DOCKET NUMBER: 2004-1477-AIR-E; IDENTIFIER: Air Account Number PC0008N, RN100218734; LOCATION: Weatherford, Parker County, Texas; TYPE OF FACILITY: chemical milling; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit the annual compliance certification; PENALTY: $2,425; ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239- 4490; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(25) COMPANY: Nuraj Enterprises, Inc. dba West End Grocery; DOCKET NUMBER: 2004- 1578-PST-E; IDENTIFIER: PST Registration Number 20385, RN101676096; LOCATION: Navasota, Grimes 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: $1,600; ENFORCEMENT COORDINATOR: Leila Pezeshki, (210) 490-3096; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(26) COMPANY: Moniral Islam dba Woodforest Texaco; DOCKET NUMBER: 2005-0161- PST-E; IDENTIFIER: PST Facility Identification Number 34836, RN103941951; LOCATION: Channelview, 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: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-200501142

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: March 15, 2005

Office of the Governor

Notice of Extension of Closing Date for Receipt of Applications for the Juvenile Accountability Block Grant (JABG) Program for Statewide Discretionary Projects

The Office of the Governor, Criminal Justice Division (CJD), published a request for applications for the Juvenile Accountability Block Grant (JABG) Program in the February 4, 2005, issue of the Texas Register (30 TexReg 591). This notice is published to extend the closing date for receipt of applications.

The published paragraph regarding the closing date for receipt of applications is replaced with the following paragraph, which contains the new closing date for receipt of applications:

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 April 8, 2005.

TRD-200501190

David Zimmerman

Assistant General Counsel

Office of the Governor

Filed: March 16, 2005

Notice of Extension of Closing Date for Receipt of Applications for the Juvenile Justice and Delinquency Prevention (JJDP) Act Fund Program

The Office of the Governor, Criminal Justice Division (CJD), published a request for applications for the Juvenile Justice and Delinquency Prevention (JJDP) Act Fund Program in the February 4, 2005, issue of the Texas Register (30 TexReg 592). This notice is published to extend the closing date for receipt of applications.

The published paragraph regarding the closing date for receipt of applications is replaced with the following paragraph, which contains the new closing date for receipt of applications:

TRD-200501191

David Zimmerman

Assistant General Counsel

Office of the Governor

Filed: March 16, 2005

Notice of Extension of Closing Date for Receipt of Applications for the Title V - Juvenile Justice and Delinquency Prevention (JJDP) Act Fund Program

The Office of the Governor, Criminal Justice Division (CJD), published a request for applications for the Title V - Juvenile Justice and Delinquency Prevention (JJDP) Act Fund Program in the February 4, 2005, issue of the Texas Register (30 TexReg 594). This notice is published to extend the closing date for receipt of applications.

The published paragraph regarding the closing date for receipt of applications is replaced with the following paragraph, which contains the new closing date for receipt of applications:

TRD-200501192

David Zimmerman

Assistant General Counsel

Office of the Governor

Filed: March 16, 2005

Texas Health and Human Services Commission

Notice of Adopted Payment Rates for Small State-Operated Facilities in the Intermediate Care Facilities for Persons With Mental Retardation Program

Proposal. As the single state agency for the state Medicaid program, the Texas Health and Human Services Commission (HHSC) adopts a per diem payment rate of $199.04 for small state-operated facilities in the Intermediate Care Facilities for Persons with Mental Retardation program for SFY 2005, effective September 1, 2004.

HHSC conducted a public hearing to receive public comment on the proposed payment rate for small state-operated facilities in the Intermediate Care Facilities for Persons with Mental Retardation program. The hearing was held in compliance with Title 1 of the Administrative Code (TAC), §355.105(g), which requires public hearings on proposed payment rates. The public hearing was held on December 7, 2004, at 11:00 a.m., in the Palo Duro Conference Room of the Braker Center Building H, at 11209 Metric Boulevard, Austin, Texas 78758-4021.

Methodology and justification. The adopted rates were determined in accordance with the rate reimbursement setting methodology at 1 TAC §355.456.

TRD-200501122

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: March 14, 2005

Department of State Health Services

Licensing Actions for Radioactive Materials

TRD-200501176

Cathy Campbell

Director, Legal Services

Department of State Health Services

Filed: March 16, 2005

Notice of Agreed Order with Brazos Valley Inspection Services, Inc.

On March 10, 2005, the Radiation Program Officer, Department of State Health Services (department), approved the settlement agreement between the department and Brazos Valley Inspection Services, Inc. (licensee-L02859) of Bryan. A total administrative penalty in the amount of $4,000 was assessed the licensee for violations of 25 Texas Administrative Code, Chapter 289. The licensee will also comply with additional settlement agreement requirements.

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

TRD-200501172

Cathy Campbell

Director, Legal Services

Department of State Health Services

Filed: March 16, 2005

Notice of Agreed Order with Eastside Family Chiropractic, P.A.

On March 9, 2005, the Radiation Program Officer, Department of State Health Services (department), approved the settlement agreement between the department and Eastside Family Chiropractic, P.A. (registrant-R22723) of Beaumont. A total administrative penalty in the amount of $500 was assessed the registrant for violations of 25 Texas Administrative Code, Chapter 289.

TRD-200501173

Cathy Campbell

Director, Legal Services

Department of State Health Services

Filed: March 16, 2005

Notice of Opportunity for Certification as a Retail Electronic Cash Register System for the Special Supplemental Nutrition Program for Women, Infants and Children Electronic Benefits Transfer System

On June 1, 2004, the Department of State Health Services (department) began piloting an off-line, smart card based electronic benefit transfer (EBT) system in the El Paso, Texas area. The EBT system replaces the paper voucher system supporting food delivery for participants in the Special Supplemental Nutrition Program for Women, Infants and Children (WIC). The department plans to expand EBT system operations beyond El Paso as early as October, 2005; statewide rollout is expected to be complete in November, 2006. WIC participants redeem food benefits at any one of more than 2700 WIC-authorized retail sites statewide.

Retail electronic cash register (ECR) systems capable of initiating WIC EBT transactions are divided into two types: Integrated and Stand Beside (Stand Alone). Integrated WIC EBT systems are ECR systems that have been modified to accept WIC smart cards, initiate off-line WIC EBT transactions and decrement authorized amounts from the food prescription stored on the card, and transmit claim files to the WIC host processor for settlement. Integrated WIC EBT systems accept multiple tender types, such as cash, credit, debit, food stamps, Temporary Assistance to Needy Families (TANF) and WIC. Stand Beside or Stand Alone WIC EBT systems are single-tender ECR systems designed to accept only WIC EBT cards in payment for the delivery of authorized WIC foods. A Stand Beside WIC EBT system operates alongside a store's existing ECR system, requiring the clerk to 'double-scan' items into and to maintain UPC and price data in both the store and WIC EBT ECR systems. A WIC EBT system is 'Stand Alone' if the grocer currently has no installed ECR. Texas WIC expects the majority of WIC-authorized supermarkets, medium and large grocery chains, independents and convenience stores will use integrated WIC EBT systems. Small volume WIC stores and those stores selling only WIC foods are expected to use either a stand beside or stand alone WIC EBT system.

In El Paso, grocers purchased their own hardware and operating system software from the vendor designated by Texas WIC. Texas WIC employed a Retail Support Contractor to provide help desk support and on-site services, including hardware warranty and maintenance. In Texas, the Stand Beside WIC EBT system piloted in El Paso consists of a custom host software application (kWICpos), Hypercom ICE 6000 terminals with an Application Programming Interface (API), and a back room controller. Currently, WIC provides Level II and Level III software support to grocers operating stand beside and stand alone WIC EBT systems. Texas WIC acquires and processes claims submitted by WIC-authorized stores for settlement.

ECR CERTIFICATION

Texas WIC would like to determine if a commercially available "low cost" small grocer solution will be available for WIC-authorized grocers in lieu of continuing to develop/maintain kWICpos software and provide hardware and software support in El Paso and eventually statewide. To be eligible for consideration, an ECR system must be certified as "WIC Ready" in Texas. Texas WIC has implemented a comprehensive ECR certification process confirmed to ensure system accuracy, reliability, integrity and performance.

Grocer ECR system and software manufacturers, technicians, and others are encouraged to provide product and service information and pricing to WIC for ECR systems that may be able to achieve WIC certification. Information on any ECR system(s) certified will be distributed to all WIC authorized grocers who have not yet committed to the implementation of an integrated system.

CONTACT INFORMATION

Interested parties should contact either John Brewer at (512) 458-7444 or Penny Tisdale at (512) 415-2227, Department of State Health Services, 1100 West 49th Street, Austin, Texas, not later than April 12, 2005.

TRD-200501174

Cathy Campbell

Director, Legal Services

Department of State Health Services

Filed: March 16, 2005

Notice of Proposed Administrative Renewal of the Radioactive Material License of Everest Exploration, Incorporated

Notice is hereby given by the Department of State Health Services (department) that it proposes to grant an administrative renewal pursuant to 25 Texas Administrative Code (TAC), §289.260(h), for a two-year period to Radioactive Material License Number L03626 issued to Everest Exploration, Incorporated for facilities located in Karnes County, Texas near Hobson, Texas, and Falls City, Texas, and in Live Oak County, Texas, near Dinero, Texas.

The department has determined that the licensee has paid its license renewal fee, has a satisfactory compliance history, and otherwise complies with the requirements of 25 TAC, §289.260(h).

This notice affords the opportunity for a public hearing, upon written request by a person affected within 30 days of the date of publication of this notice as required by Health and Safety Code, §401.264, and as set out in 25 TAC, §289.205(d). A "person affected" is defined as a person who demonstrates that the person has suffered, or will suffer, actual injury or economic damage and, if the person is not a local government, is (a) a resident of a county, or a county adjacent to a county, in which the radioactive material is or will be located; or (b) doing business or has a legal interest in land in the county or adjacent county.

A person affected may request a hearing by writing Mr. Richard A. Ratliff, P.E., Radiation Program Officer, Division for Regulatory Services, 1100 West 49th Street, Austin, Texas 78756-3189. Any request for a hearing must contain the name and address of the person who considers himself affected by this action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is represented by an agent, the name and address of the agent must be stated. Should no request for a public hearing be timely filed, the proposed issuance of the license will be final.

A public hearing, if requested, shall be conducted in accordance with the provisions of Health and Safety Code, Chapter 401, the Administrative Procedure Act (Chapter 2001, Texas Government Code), the formal hearing procedures of the department (25 TAC, §1.21, et seq.) and the procedures of the State Office of Administrative Hearings (1 TAC, Chapter 155).

A copy of the proposed license and information regarding the license renewal is available for public inspection and copying, by appointment, at the office of the Radiation Safety Licensing Branch, Department of State Health Services, Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688, 8:00 a.m. to 5:00 p.m. Monday-Friday (except holidays). Information relative to inspection and copying the documents may be obtained by contacting Chrissie Toungate, Custodian of Records, Radiation Safety Licensing Branch.

TRD-200501175

Cathy Campbell

Director, Legal Services

Department of State Health Services

Filed: March 16, 2005

Texas Department of Housing and Community Affairs

Multifamily Housing Revenue Bonds (Lafayette Village Apartments) Series 2005

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Issuer") at Cloverleaf Elementary School, 1035 Frankie, Houston, Texas 77015, at 6:00 p.m. on April 12, 2005 with respect to an issue of tax-exempt multifamily residential rental development revenue bonds in an aggregate principal amount not to exceed $15,000,000 and taxable bonds, if necessary, in an amount to be determined, to be issued in one or more series (the "Bonds"), by the Issuer. The proceeds of the Bonds will be loaned to Lafayette Village Apartments, L.P., a limited partnership, or a related person or affiliate thereof (the "Borrower") to finance a portion of the costs of acquiring, constructing and equipping a multifamily housing development (the "Development") described as follows: 250-unit multifamily residential rental development to be located at approximately the 4800 block of East Sam Houston Parkway North, on the east side of East Sam Houston Parkway North, Harris County, Texas. The Development initially will be owned by the Borrower.

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

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

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

TRD-200501171

Edwina P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: March 16, 2005

Houston-Galveston Area Council

Public Meeting Notice

Public Meetings on the

Transportation Conformity Determination, the Draft 2025 Regional Transportation Plan

and the Draft 2006-2008 Transportation Improvement Program

Wednesday, March 9, 2005, 6 p.m. - 8 p.m.

North Harris Montgomery Community College

5000 Research Forest Drive, Training Center

The Woodlands, Texas 77381

Wednesday, March 16, 2005, 6 p.m. - 8 p.m.

Pearland City Hall

3519 Liberty Drive

Pearland, Texas 77581

Wednesday, March 23, 2005, 6 p.m. - 8 p.m.

Sugar Land City Hall

2700 Town Center Blvd. North

Sugar Land, Texas 77479

Wednesday, March 30, 2005, 6 p.m. - 8 p.m.

Houston-Galveston Area Council

3555 Timmons Lane, 2nd Floor, Conference Room A

Houston, Texas 77027

The Houston-Galveston Area Council (H-GAC) is hosting a series of public meetings on the Transportation Conformity Determination, the Draft 2025 Regional Transportation Plan (RTP) and the Draft 2006-2008 Transportation Improvement Program (TIP) . The 2025 RTP provides a framework for identifying transportation priorities and major transportation challenges, such as regional mobility, air quality and safety. The conformity analysis was conducted by H-GAC to ensure that projects within the 2025 RTP meet our region's air quality goals. The TIP is a comprehensive listing of transportation projects approved for funding and implementation within a three-year period. The public is encouraged to attend one of these important meetings and provide comments to H-GAC on the Transportation Conformity Determination, the Draft 2025 RTP and the Draft 2006-2008 TIP.

The public comment period on the Transportation Conformity Determination, the Draft 2025 RTP and the Draft 2006-2008 TIP began Wednesday, February 9, 2005 . Comments must be received by H-GAC no later than 5 p.m., Thursday, March 31, 2005 . Copies of the documents are available on H-GAC's Transportation Web site, www.h-gac.com/transportation , or by contacting Shelley Whitworth at shelley.whitworth@h-gac.com or (713) 499-6695. Written comments may be submitted to Alan Clark, MPO Director, Houston-Galveston Area Council, P.O. Box 22777, Houston, Texas 77227-2777, emailed to transportation.comments@h-gac.com or faxed to (713) 993-4508.

In compliance with the Americans with Disabilities Act, H-GAC will provide for reasonable accommodations for persons with disabilities attending H-GAC functions. Requests should be received by H-GAC 24 hours prior to the function. Call Kim Green at (713) 993-4577 to make arrangements.

TRD-200501109

Alan Clark

MPO Director

Houston-Galveston Area Council

Filed: March 11, 2005

Public Meeting Notice

Public Meeting on

Amendments to the 2004-2006 Transportation Improvement Program (TIP)

Tuesday, March 29, 2005

6 p.m. - 7 p.m.

Baytown City Council Chambers

2401 Market Street

Baytown, Texas 77520

On Tuesday, March 29, 2005, the Houston-Galveston Area Council (H-GAC) will host a public meeting on proposed amendments to the 2004-2006 Transportation Improvement Program (TIP). The public is encouraged to attend this important meeting and provide comments to H-GAC.

Proposed TIP amendments to be discussed include:

TIP Amendment 132 - Increase funding to Dixie Farm Road projects from FM 518 to Beamer Road that are scheduled to begin in FY 2005.

TIP Amendment 143 - Add construction of grade separation at U.S. 59 and FM 360 (Fort Bend County) to 2004 TIP.

TIP Amendment 150 - Add right of way acquisition for I-10 W. east of Silber to the I-610/I-10 interchange; and add right of way acquisition for I-610 W. south of Post Oak Blvd. to IH-10.

TIP Amendment 151 - Add reconstruct and widening project on I-10 E. near Trinity River Bridge.

TIP Amendment 154 - Modify the project limits and funding for the IH-10 project - Gellhorn to Mercury: widen from 6 to 8 mainlanes and complete I-10 to I-610/U.S. 90 interchange; add U.S. 90 project - I-10 to 0.290 miles West of Mercury Drive: construct 4-lane freeway with grade separation at Oates Road to the 2004 TIP.

The public comment period on the proposed amendments begins Sunday, March, 13, 2005 , and all comments must be received by H-GAC no later than 5 p.m., Monday, April 18, 2005 . Written comments may be submitted to Lynn Spencer, Houston-Galveston Area Council, P.O. Box 22777, Houston, Texas 77227, emailed to tip@h-gac.com, or faxed to (713) 993-4508.

Copies of the proposed amendments will be available at the meeting and at www.h-gac.com/transportation, or by contacting Lynn Spencer, Transportation Program Coordinator, at (713) 993-2436 or lynn.spencer@h-gac.com.

In compliance with the Americans with Disabilities Act, H-GAC will provide for reasonable accommodations for persons with disabilities attending H-GAC functions. Requests should be received 24 hours prior to the function. Call Adriana Montalvo at (281) 420-5394 to make arrangements.

TRD-200501110

Alan Clark

MPO Director

Houston-Galveston Area Council

Filed: March 11, 2005

Public Meeting Notice

Comment Period Deadline Extended on the

Transportation Conformity Determination, the Draft 2025 Regional

Transportation Plan

and the Draft 2006-2008 Transportation Improvement Program

The public comment period on the Transportation Conformity Determination, the Draft 2025 Regional Transportation Plan (RTP) and the Draft 2006-2008 Transportation Improvement Program (TIP) has been extended. The comment period began Wednesday, February 9, 2005 and comments must be received by H-GAC no later than 5 p.m., Friday, April 1, 2005 . The documents can be downloaded from H-GAC's Transportation Web site, www.h-gac.com/transportation , or CD-ROMs are available by contacting Shelley Whitworth at shelley.whitworth@h-gac.com or (713) 499-6695. Written comments may be submitted to Alan Clark, MPO Director, Houston-Galveston Area Council, P.O. Box 22777, Houston, Texas 77227-2777, emailed to transportation.comments@h-gac.com or faxed to (713) 993-4508.

The 2025 RTP provides a framework for identifying transportation priorities and major transportation challenges, such as regional mobility, air quality and safety. The conformity analysis was conducted by H-GAC to ensure that projects within the 2025 RTP meet our region's air quality goals. The TIP is a comprehensive listing of transportation projects approved for funding and implementation within a three-year period.

TRD-200501111

Alan Clark

MPO Director

Houston-Galveston Area Council

Filed: March 11, 2005

Request for Proposal

(TRN 05-4440-01)

H-GAC is seeking consulting services to develop a conceptual plan for a project consisting of comprehensive pedestrian and bicycle improvements in the Gulfton district of the city of Houston. The Consultant (team) will work with the local community and stakeholders to develop a comprehensive plan of pedestrian-bicycle improvements, and calculate the congestion mitigation, air quality, and safety benefits of implementing the project(s). H-GAC will pursue local sponsorship and the programming of the pilot project in its Transportation Improvement Program (TIP).

A Pre-Proposal Conference is scheduled at 2 p.m. on Wednesday, March 16, 2005 , at H-GAC in Conference Room A on the second floor. Submittals are due by 4:30 p.m. on Thursday, March 31, 2005 . Seven (7) typewritten, bound/stapled and signed copies of the proposal are required. Late proposals will NOT be accepted.

The Request for Proposal packet can be downloaded from the H-GAC Transportation Department Web site at www.h-gac.com/transportation . Interested firms may also obtain the packet at the H-GAC offices at 3555 Timmons Lane, Suite 120, Houston, Texas 77027, or by contacting Dan Raine at 832-681-2525. All questions regarding the Request for Proposals can be sent to the attention Dan Raine by email to dan.raine@h-gac.com, faxed to 713-993-4503, or mailed to the Houston-Galveston Area Council, P.O. Box 22777, Houston, TX 77227-2777.

TRD-200501107

Alan Clark

MPO Director

Houston-Galveston Area Council

Filed: March 11, 2005

Request for Proposal

(TRN 05-4440-02)

H-GAC is seeking consulting services to develop a conceptual plan for a project consisting of comprehensive pedestrian and bicycle improvements in the Montrose district of the city of Houston. The Consultant (team) will work with the local community and stakeholders to develop a comprehensive plan of pedestrian-bicycle improvements, and calculate the congestion mitigation, air quality, and safety benefits of implementing the project(s). H-GAC will pursue local sponsorship and the programming of the pilot project in its Transportation Improvement Program (TIP).

TRD-200501108

Alan Clark

MPO Director

Houston-Galveston Area Council

Filed: March 11, 2005

Joint Financial Regulatory Agencies

Notice of Public Meeting

The Joint Financial Regulatory Agencies comprised of the Finance Commission of Texas and the Texas Credit Union Commission (the "Commissions") have proposed new 7 TAC §§152.1, 152.3, 152.5, 152.7, and 152.15 (Chapter 152), concerning interpretations related to a lien on a homestead for home improvement. The interpretations address the requirements to establish a constitutional lien on a homestead for work and materials used to construct new improvements and to repair and renovate existing improvements. The interpretations address consent required of spouses and the locations required for execution of contracts for work and materials used to repair or renovate existing improvements.

The Credit Union Commissioner and the Consumer Credit Commissioner have been delegated the authority to conduct a public meeting for the purpose of receiving oral comments, views, and/or testimony concerning the proposed interpretations. A public meeting on these proposed interpretations will be held in Austin on March 24, 2005, at 1:00 p.m. in the State Finance Commission Building, William F. Aldridge Hearing Room, located at 2601 North Lamar Boulevard. It is not anticipated that a quorum of commission members will attend the public meeting; however, should a quorum of members be present this will be considered an official meeting. To be considered, an oral comment must be received at this public meeting; at the conclusion of the meeting, no further oral comments will be considered or accepted by the Commissions.

Persons with disabilities who are planning to attend the meeting and have special communication or other accommodation needs should contact the Joann McAnally at the Office of Consumer Credit Commissioner at (512) 936-7640. Requests should be made as far in advance as possible.

TRD-200501168

Leslie L. Pettijohn

Commissioner

Joint Financial Regulatory Agencies

Filed: March 15, 2005

Texas Lottery Commission

April 2005 End of Game Notice

TRD-200501159

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: March 15, 2005

Instant Game Number 540 "Instant Bingo"

1.0 Name and Style of Game.

A. The name of Instant Game No. 540 is "INSTANT BINGO". The play style is "bingo with bonus spot".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 540 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 540.

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: B01, B02, B03, B04, B05, B06, B07, B08, B09, B10, B11, B12, B13, B14, B15, I16, I17, I18, I19, I20, I21, I22, I23, I24, I25, I26, I27, I28, I29, I30, N31, N32, N33, N34, N35, N36, N37, N38, N39, N40, N41, N42, N43, N44, N45, G46, G47, G48, G49, G50, G51, G52, G53, G54, G55, G56, G57, G58, G59, G60, O61, O62, O63, O64, O65, O66, O67, O68, O69, O70, O71, O72, O73, O74, O75, 01, 02, 03, 04, 05, 06, 07, 08, 09, 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, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, FREE, $2.00, $3.00, $5.00, $10.00, $20.00, $50.00, $100 and $0.00.

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. 540 - 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. The possible validation codes are:

Figure 2: GAME NO. 540 - 1.2E

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

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

G. Low-Tier Prize - A prize of $2.00, $3.00, $5.00, $10.00, $15.00 or $20.00.

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

I. High-Tier Prize- A prize of $1,000 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 (540), 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: 540-0000001-001.

L. Pack - A pack of "INSTANT BINGO" Instant Game tickets contains 125 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 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 "INSTANT BINGO" Instant Game No. 540 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 "INSTANT BINGO" Instant Game is determined once the latex on the ticket is scratched off to expose 131 (one hundred thirty-one) play symbols. The player must scratch off the CALLER’S CARD area to reveal 24 (twenty-four) Bingo Numbers and six (6) Bonus Numbers. The player must mark all the BINGO NUMBERS on Cards 1 through 4 that match the Bingo Numbers and Bonus Numbers on the Caller’s Card. Each card has a corresponding prize box.. Players win by matching those same numbers on the four Player’s Cards. If the player finds a diagonal, vertical or horizontal straight line, the four corners of the grid, or an X pattern, they win a prize according to the legend of the respective playing grid. Examples of play: If a player matches all bingo numbers plus the Free Space in a complete horizontal, vertical, or diagonal line pattern in any one card the player wins prize according to the legend of the respective playing card. If the player matches all bingo numbers in all four (4) corners pattern in any one card the player wins prize according to the legend of the respective playing card. If the player matches all bingo numbers plus Free Space to make a complete "X" pattern in any one card the player wins prize according to the legend of the respective playing card. In the Instant Bonus play area, if a player reveals a prize amount the player wins prize indicated automatically. The player can win up to four times on any ticket but only once on each "card".

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 131 (one hundred thirty-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 131 (one hundred thirty-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 131 (one hundred thirty-one) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 131 (one hundred thirty-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. A ticket will win as indicated by the prize structure.

B. A ticket can win up to four times but only once per Card.

C. Adjacent tickets in a pack will not have identical patterns.

D. There will never be more than one win on a single Bingo Card.

E. No duplicate numbers will appear on the Caller’s Card and Bonus Numbers.

F. No duplicate numbers will appear on each individual Player’s Card.

G. Each Caller’s Card will have a minimum of four (4) and a maximum of six (6) numbers from each range per letter. The Bonus Numbers will have a maximum of two (2) numbers for each range per letter.

H. The number range used for each letter will be as follows: B: 01-15; I: 16-30; N: 31-45; G: 46-60; O: 61-75.

I. Instant Bonus Game: The Play area consists of one (1) Play Symbol.

2.3 Procedure for Claiming Prizes.

A. To claim a "INSTANT BINGO" Instant Game prize of $2.00, $3.00, $5.00, $10.00, $15.00, $20.00, $30.00, $50.00, $100, or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $30.00, $50.00, $100, or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "INSTANT BINGO" Instant Game prize of $1,000 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 "INSTANT BINGO" 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 "INSTANT BINGO" 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 "INSTANT BINGO" 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 24,960,000 tickets in the Instant Game No. 540. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 540 - 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. 540 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. 540, 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-200501124

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: March 14, 2005

Instant Game Number 584 "Gimme 5"

1.0 Name and Style of Game.

A. The name of Instant Game No. 584 is "GIMME 5". The play style is "three in a line with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 584 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 584.

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.

Figure 1: GAME NO. 584 - 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. 584 - 1.2E

G. Low-Tier Prize - A prize of $1.00, $2.00, $4.00, $5.00, $7.00, $10.00, $15.00, $20.00.

H. Mid-Tier Prize - A prize of $25.00, $50.00, $100 or $500.

I. High-Tier Prize- A prize of $1,500.

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (584), 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: 584-0000001-001.

L. Pack - A pack of "GIMME 5" Instant Game tickets contains 250 tickets, packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 001 and 005 will be on the top page; tickets 006 and 010 on the next page; etc.; and tickets 246 and 250 will be on the last page. 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.

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "GIMME 5" Instant Game No. 584 ticket.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 11 (eleven) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have exactly 11 (eleven) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

16. Each of the 11 (eleven) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 11 (eleven) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

2.2 Programmed Game Parameters.

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

B. No ticket will contain 3 or more of a kind other than the 5 symbol.

C. The 5 play symbol will only appear in the Bonus Box as dictated by the prize structure.

D. No ticket will have more than one instance of a 5 in a row, column or diagonal as dictated by the prize structure.

2.3 Procedure for Claiming Prizes.

A. To claim a "GIMME 5" Instant Game prize of $1.00, $2.00, $4.00, $5.00, $7.00, $10.00, $15.00, $20.00, $25.00, $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 $25.00, $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 "GIMME 5" Instant Game prize of $1,500, 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 "GIMME 5" 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.