On May 3, 2005, the Brazos Valley Council of Governments (BVCOG) and Workforce Solutions Brazos Valley Board (WSBVB) will release a Request for Quote (RFQ) for Child Care Provider Training services. One or more trainers are needed to provide training to child care provider staff in the Brazos Valley (Brazos, Washington, Robertson, Burleson, Madison, Leon and Grimes counties). Training will take place on certain dates listed in the RFQ, at the Center for Regional Services, 3991 East 29th Street, Bryan, Texas. Workforce Solutions Brazos Valley Board will receive responses to the RFQ until 4:00 P.M. May 17, 2005. No responses will be accepted after this deadline. Potential respondents may view and print the RFQ from the web on www.bvjobs.org. The contact person for this RFQ is Shawna Goolsby, sgoolsby@bvcog.org, (979) 595-2800.

TRD-200501774

Patricia Buck

Manager, Workforce Solutions Brazos Valley

Brazos Valley Council of Governments

Filed: May 2, 2005

Request for Proposal for Auditing Services

DESCRIPTION: This request for auditing services is filed under the provisions of the Government Code, Chapter 2254. The Brazos Valley Council of Governments (BVCOG), a regional planning commission who, was organized under State of Texas and administers funds from local, state, federal governments, announces its request for proposal (RFP) to perform an Independent Financial Single Audit in accordance with the office of Management and Budget (OMB) Circular A-133, for the Fiscal Year 2005 (FY02), October 1, 2004 through September 30, 2005, to be included in their Comprehensive Annual Financial Report (CAFR) which will be used to apply for the Governmental Financial Officers Association Award of Excellence. The audit must be completed by February 17, 2006. Our FY04 single audit was performed by Patillo, Brown & Hill, LLP, from Waco, Texas.

PERSONS TO CONTACT: Further information may be obtained from Mr. John Jackson, Director of Finance or Mr. Tom Wilkinson, Executive Director, at the Brazos Valley Council of Governments, 3991 East 29th Street, P.O. Drawer 4128, Bryan, TX 77805-4128, or by phone (979) 595-2800.

DEADLINE FOR SUBMISSION OF RESPONSE: Proposals are due on Friday, June 6, 2005 by 5:00 p.m. at the Brazos Valley Council of Government offices located at 3991 East 29th Street in Bryan, TX.

EVALUATION CRITERIA:

A. Demonstrated Performance/Experience

1. Demonstrated Competence/Qualifications

2. Relevant Experience of Key Staff

B. Schedule Design

1. Meets BVCOG's Goals/Objectives/Includes Quality Control Procedures

2. Provides Quality Planned Follow-up Activity

3. Degree of Proposed Technical Assistance

C. Reasonableness of Cost

1. Cost Effectiveness

2. Costs: Necessary, Reasonable, Allowable & Allocable

3. Competitiveness of Costs

4. Value of in-kind services

D. HUB Status

The proposal should be for a period of one year although BVCOG will have the option of extending the contract for an additional two years.

For further information, please call (979) 595-2800.

TRD-200501770

John Jackson

Director of Finance

Brazos Valley Council of Governments

Filed: May 2, 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 April 22, 2005, through April 28, 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 May 4, 2005. The public comment period for these projects will close at 5:00 p.m. on June 3, 2005.

FEDERAL AGENCY ACTIONS:

Applicant: BOSS Exploration and Production Corporation ; Location: The applicant proposes drill a new oil well from an existing surface structure. The project is located in Corpus Christi Bay in State Tract 341, Nueces County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Port Ingleside, Texas. Approximate UTM Coordinates in NAD 27 (meters): Existing surface structure: Zone 14; Easting: 681589; Northing: 3080980. Proposed bottom-hole location: Zone 14; Easting: 681813; Northing: 3080990. Project Description: The applicant proposes drill a new oil well from an existing surface structure to a new bottom-hole location. The new well would involve operation and maintenance of structures and equipment necessary for oil and gas drilling, production, and transportation activities. Such activities include installation of typical marine barges and keyways, and shell and gravel pads. The pad would occupy approximately 32,000 square feet (282 by 112 feet) and consist of approximately 3,800 cubic yards of crushed rock, shell, or washed gravel. Water depth at the proposed site is approximately -8.0 feet MLT. During drilling activities, the applicant proposes to use a 500-foot radius around the drilling rig as a work area. Upon completion of drilling, the applicant proposes to leave in place an 8- by 20-foot well head and platform with a USCG navigational light atop it. CCC Project No.: 05-0237-F1; Type of Application: U.S.A.C.E. permit application #09669(12)/048 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403). Note: The consistency review for this project may be conducted by the Texas Railroad Commission under §401 of the Clean Water Act.

Applicant: Duncan Oil, Inc. ; Location: The well is located on Pleasure Island, between the existing placement area levee and the perimeter road, in wetlands adjacent to the outfall canal that drains into the Port Arthur Canal, Jefferson County, Texas. The well can be located on the U.S.G.S. quadrangle map entitled: Port Arthur South, Texas. Approximate UTM Coordinates in NAD 27 meters: Zone 15; Easting: 409649; Northing: 3296211. The mitigation site is located in an open water area south of the Gulf Intracoastal Waterway, Cameron Parish, Louisiana. The mitigation site can be located on the U.S.G.S. quadrangle map entitled: Cameron Farms, Louisiana. Approximate UTM Coordinates in NAD 27 meters: Zone 15; Easting: 440077; Northing: 3324602. Project Description: The applicant proposes to construct a 400-foot by 175-foot drill site for oil and gas exploration at the M-102427 Well No. 1. The drill site will impact 1.61 acres of estuarine wetlands adjacent to Sabine Lake. There will be 639 cubic yards of excavation and subsequent fill of material required to construct a 3-foot levee around the drill site. Inside the levee, the applicant will place a board mat to serve as a work platform during drilling operations. If the well is productive, the applicant will permanently fill a 0.76-acre area for the production pad, mitigate for the permanent impacts, and restore the 0.85-acre area that will not be used for the production pad. The applicant proposes to mitigate for the permanent impacts by creating 0.5 acre of vegetated terraces and 0.21 acre of vegetated plug. The plug will help restore the hydrology within an existing oilfield access canal. If the well is not productive, the applicant will restore the entire site to pre-project conditions. The site will use a closed loop mud system during drilling. CCC Project No.: 05-0240-F1; Type of Application: U.S.A.C.E. permit application #23721(Rev.) is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Railroad Commission under §401 of the Clean Water Act.

Applicant: Azimuth Energy, LLC ; Location: The project is located in Texas State Tract 77 in Trinity Bay, Chambers County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Smith Point, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 327014; Northing: 3276086. Project Description: The applicant proposes to erect and maintain structures and to perform work to drill and produce the Caravan Well Prospect. This activity consists of the permanent placement of a 20-foot by 10-foot well platform. During drilling operations the applicant will place 1,493 cubic yards of shell, gravel or crushed rock for the marine barge pad. The 200-foot by 50-foot drilling barge will be temporarily anchored in place with six 3-pile clusters during drilling operations. CCC Project No.: 05-0241-F1; Type of Application: U.S.A.C.E. permit application #23726 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Railroad Commission under §401 of the Clean Water Act.

Applicant: Richy Ethridge ; Location: The project is located on Aransas Bay at 2290 North Fulton Beach Road, Rockport, Aransas County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Rockport, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 693900; Northing: 3110250. Project Description: The applicant proposes to construct 143.6 linear feet of bulkhead below the annual high tide elevation (AHT) and backfill the area behind the bulkhead. The project would be attached to an existing bulkhead and would be approximately 35 feet waterward from the existing shoreline. Approximately 330 cubic yards of material would be placed below the AHT, which would cover approximately 4,304 square feet of jurisdictional area. The purpose of the project is erosion control and land reclamation to facilitate commercial and residential development. Water depth at the site is approximately -1.5 feet mean high tide (MHT). Patchy seagrasses and oyster clumps are present in the vicinity, but not in the immediate project area. As mitigation for proposed project impacts, the applicant proposes to plant 0.15 acre of unvegetated shallow water with shoalgrass. The planting area would be behind a 110-foot-long by 14-foot-wide by 3-foot-high riprap breakwater structure that would be constructed 70 feet waterward (southeast) of the proposed bulkhead. Water depth in the proposed planting site is -1.5 feet MHT. CCC Project No.: 05-0251-F1; Type of Application: U.S.A.C.E. permit application #23496 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: Neumin Production Company ; Location: The project is located in Lavaca Bay, in State Tract 28, Well No. 1, Calhoun County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Port Lavaca East, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 740905; Northing: 3167341. Project Description: The applicant proposes to install, operate, and maintain structures and equipment necessary for oil and gas drilling, production, and transportation activities for the proposed State Tract 28 Well No. 1. The applicant proposes to drill for petroleum resources and install a 2.5-inch O.D. pipelines approximately 3,097 feet in length. The pipelines will be jetted or plowed a minimum of 3 feet below the bay bottom. Approximately 688 cubic yards of sand, silt, and clay will be displaced during pipeline construction. The trench is expected to fill in naturally. CCC Project No.: 05-0252-F1; Type of Application: U.S.A.C.E. permit application #23742 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Railroad Commission under §401 of the Clean Water Act.

Applicant: Neumin Production Company ; Location: The project is located in Lavaca Bay, in State Tract 28, Well No. 2, Calhoun County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Port Lavaca East, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 740905; Northing: 3167341. Project Description: The applicant proposes to install, operate, and maintain structures and equipment necessary for oil and gas drilling, production, and transportation activities for the proposed State Tract 28 Well No. 2. The applicant proposes to drill for petroleum resources and install two 2.5-inch O.D. pipelines approximately 1,122 feet in length. The pipelines will be jetted or plowed a minimum of 3 feet below the bay bottom. Approximately 498 cubic yards of sand, silt, and clay will be displaced during pipeline construction. The trench is expected to fill in naturally. CCC Project No.: 05-0253-F1; Type of Application: U.S.A.C.E. permit application #23743 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Railroad Commission under §401 of the Clean Water Act.

Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451 - 1464), as amended, interested parties are invited to submit comments on whether a proposed action is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Coastal Coordination Council for review.

Further information on the applications listed above may be obtained from 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-200501787

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: May 3, 2005

Notice of Funds Availability - Texas Coastal Management Program Grants Program

The Coastal Coordination Council (Council) files this Notice of Funds Availability to announce the availability of §306/§306A federal grant funds under the Texas Coastal Management Program (CMP). The purpose of the CMP is to improve the management of the state's coastal resources and to ensure the long-term ecological and economic productivity of the coast.

A federal award to the state of approximately $2 million in §306/§306A funding is expected in October 2006. The Council, which oversees the implementation of the CMP, passes through 90% of the available §306/§306A funds to eligible entities in the coastal zone to support projects that implement and/or advance the CMP goals and policies.

Eligible Applicants

The following entities are eligible to receive grants under the CMP.

1. Incorporated cities in the coastal zone.

2. County governments in the coastal zone.

3. Texas state agencies.

4. Texas public universities (including colleges and institutions of higher education).

5. Subdivisions of the state with jurisdiction in the coastal zone (e.g., navigation districts, port authorities, river authorities, and Soil and Water Conservation Districts with jurisdiction in the coastal zone).

6. Councils of governments and other regional governmental entities in the coastal zone.

7. The Galveston Bay Estuary Program.

8. The Coastal Bend Bays and Estuaries Program

9. Nonprofit organizations located in Texas that are nominated by an eligible entity in categories 1-8 above. A nomination may take the form of a resolution or letter from a responsible official of an entity in categories 1-8. The nominating entity is not expected to financially or administratively contribute to the management and implementation of the proposed project.

Funding Categories

The Council will accept applications for projects that address any of the following funding categories. The categories are not listed in order of preference.

1. Coastal Natural Hazards Response

2. Critical Areas Enhancement

3. Shoreline Access

4. Water Quality Improvement

5. Waterfront Revitalization and Ecotourism Development

6. Permit Streamlining/Assistance and Governmental Coordination

7. Information and Data Availability

8. Public Education and Outreach

Grant workshops will be held in five coastal cities to help potential applicants through the Guidance and Application Package. Grant workshops are opportunities for potential applicants to learn about the changes made to the grant program and to discuss specific project ideas with staff. Applicants are not required to attend a workshop, but attendance is strongly encouraged.

May 3, 2005, 10:30 a.m., Port Lavaca, City Hall, 202 N. Virginia.

May 11, 2005, 1:00 p.m., Corpus Christi, Texas A&M University - Natural Resources Center, 6300 Ocean Drive, Room 1003.

May 12, 2005, 9:30 a.m., Port Isabel, Port Isabel Housing Authority - Community Center, 100 Hockaday.

May 18, 2005, 10:30 a.m., Port Arthur, City Hall, 444 Fourth Street, 5th Floor.

May 19, 2005, 9:30 a.m., Galveston, Holbrook Annex Building, Hearing Room, 601 Tremont (corner of 23rd and Church).

Current subrecipients of CMP grant funding and their financial staff are also encouraged to attend the grant workshops. Grant workshops will be expanded this year to include project management training to educate subrecipients of the administrative requirements once a contract is executed. Project management training will cover the progress report, invoice, local match, budget amendment, timesheet, and equipment forms.

To obtain a copy of the Guidance and Application Package, please contact Melissa Porter at (512) 475-1393, (800) 998-4GLO or at melissa.porter@glo.state.tx.us. The requirements to receive federal grant funds are outlined in the guidance. Written requests for the Guidance and Application Package should be addressed to: Coastal Coordination Council, CMP Grants Program, c/o Texas General Land Office, P.O. Box 12873, Austin, Texas 78711-2873. The Guidance and Application Package is also available on the GLO's website at: http://www.glo.state.tx.us/coastal/grants/index.html.

The deadline for receiving draft grant applications is Wednesday, June 22, 2005 by 5:00 p.m. Submission of a draft grant application is optional but is strongly recommended for first-time and/or inexperienced applicants. Written comments will only be provided to applicants who submit draft grant applications by June 22, 2005 by 5:00 p.m. The deadline for receiving final grant applications is Wednesday, October 12, 2005 by 5:00 p.m. Draft grant applications and final grant applications must be mailed (regular, express, or certified) or hand-delivered to: Coastal Coordination Council, CMP Grants Program, c/o Texas General Land Office, Stephen F. Austin Building, Room 617, 1700 North Congress Avenue, Austin, Texas 78701-1495. Facsimiles, electronic mail transmissions, and applications postmarked on or after the due date will not be accepted.

TRD-200501786

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: May 3, 2005

Comptroller of Public Accounts

Notice of Request for Proposals

Pursuant to Chapter 2156, §2156.121, Chapter 403, Subchapter B, §403.023, Texas Government Code; and 34 TAC §§17.1 - 17.3, the Comptroller of Public Accounts (Comptroller) announces its Request for Proposals (RFP #172f) from qualified financial institutions and companies to provide Automated Credit Card Services to the Comptroller. The successful respondent, if any, will provide automated credit card services to the Comptroller on an as needed basis as described in the RFP.

Contact: Parties interested in submitting a proposal should contact Thomas H. Hill, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 East 17th Street, RM G-24, Austin, Texas 78774, telephone number: (512) 305-8673, to obtain a copy of the RFP. The Comptroller will mail copies of the RFP only to those specifically requesting a copy. The RFP will be available for pick-up at the above-referenced address on May 20, 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 RFP available electronically on the Texas Marketplace after Friday, May 20, 2005, 2:00 p.m. (CZT).

Questions and Non-mandatory Letters of Intent: All written inquiries, questions, and Non-mandatory Letters of Intent to propose must be received at 111 East 17th Street, Rm G-24, Austin, Texas 78774 not later than 2:00 p.m. (CZT) on Friday, June 3, 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 Thomas H. Hill, 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 about Friday, June 8, 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 Assistant General Counsel, Contracts, at the location specified above (ROOM G-24) no later than 2:00 p.m. (CZT), on Friday, June 17, 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 verify and are 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 Comptroller shall make the final decision on any contract award or awards resulting from this RFP.

The Comptroller reserves the right, in its sole discretion, to accept or reject any or all proposals submitted. The Comptroller is not obligated to award or execute any contracts on the basis of this notice or the distribution of any RFP. The Comptroller shall not pay for any costs incurred by any entity in responding to this notice or the RFP.

The anticipated schedule of events is as follows:

Issuance of RFP--May 20, 2005, 2:00 p.m. CZT;

Non-mandatory Letter of Intent to propose and Questions Due--June 3, 2005, 2:00 p.m. CZT;

Official Responses to Questions posted--June 8, 2005, or as soon thereafter as practical;

Proposals Due--June 17, 2005, 2:00 p.m. CZT;

Contract Execution--August 1, 2005, or as soon thereafter as practical; and

Commencement of Project Activities--August 1, 2005 for any necessary transition in preparation for services to begin September 1, 2005.

TRD-200501802

Pamela Smith

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: May 4, 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 Sections 303.003 and 303.009, Tex. Fin. Code.

The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the period of 05/09/05 - 05/15/05 is 18% for Consumer ¹ /Agricultural/Commercial2 /credit thru $250,000.

The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the period of 05/09/05 - 05/15/05 is 18% for Commercial over $250,000.

¹ Credit for personal, family or household use.

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

TRD-200501778

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: May 3, 2005

Texas Education Agency

Request for eGrant Applications Concerning Correspondence Coursework for Migrant Secondary Students, 2005-2006

Eligible Applicants. The Texas Education Agency (TEA) is requesting eGrant applications under Standard Application System (SAS) #MSCCAA06 from colleges and universities in Texas with credit-granting high school distance learning/correspondence coursework that meets Texas graduation plan requirements. Courses approved by the TEA must already be in place. Eligible applicants must demonstrate a full understanding of the needs of migrant secondary students in Texas and must demonstrate the capacity and ability to implement, operate, and manage the project on a statewide and nationwide basis.

Description. The purpose of the Correspondence Coursework Program for Migrant Secondary Students is to provide alternative ways for migrant secondary students to earn credits toward high school graduation. The applicant selected for funding will work on an intrastate and interstate basis (with migrant projects in Texas and up to 48 different states that receive Texas migrant students) to assign correspondence coursework that meets individual students' graduation plan requirements, to operate a toll-free 800 telephone number to provide bilingual direct instructional support to students, to implement strategies resulting in a correspondence course completion rate of at least 75 percent, to offer a variety of grading options for the coursework, to issue credit, to inform the appropriate Texas or out-of-state school district/migrant education project of the credit granted, to record information on the state's migrant student database, to provide preparation materials for the exit level Texas Assessment of Knowledge and Skills, to implement promotional activities resulting in at least 1,100 migrant student enrollments, to maintain communication with participating migrant students and educators inside and outside Texas, and to provide a recognition activity for participating students who complete coursework.

Dates of Project. The Correspondence Coursework Program for Migrant Secondary Students will be implemented during the 2005-2006 school year. Applicants should plan for a starting date of no earlier than September 1, 2005, and an ending date of no later than August 31, 2006.

Project Amount. Funding will be provided for one statewide project. The project will receive a maximum of $350,000 for the 2005-2006 school year. This project is funded 100 percent from Migrant Education Program federal funds.

Selection Criteria. Applications will be scored based on the independent reviewers' assessment of each applicant's ability to carry out all requirements contained in the SAS. Reviewers will evaluate applications based on the overall quality and validity of the proposed grant programs and the extent to which the applications address the primary objectives and intent of the project. Applications must address each requirement as specified in the SAS to be considered for funding. The TEA reserves the right to select from the highest-ranking applications those that address all requirements in the SAS and that are most advantageous to the project.

The TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this SAS. This SAS does not commit TEA to pay any costs before an application is approved. The issuance of this SAS does not obligate TEA to award a grant or pay any costs incurred in preparing a response.

Obtaining Access to TEA's eGrants. The Correspondence Coursework Program for Migrant Secondary Students grant application is available only through TEA's eGrants and may not be obtained or submitted by any other means. The eGrant application will be available in eGrants on or about May 13, 2005. To apply for access to eGrants, go to http://www.tea.state.tx.us/grant. Under the "eGrants Toolbox," select "External Users: Apply for eGrants Logon." Complete the form as instructed, obtain the required signatures, and send it to the TEA contact listed on the form.

Further Information. For clarifying information about the eGrant SAS, contact Donnell Bilsky, Division of Discretionary Grants, Texas Education Agency, (512) 463-9269.

Deadline for Receipt of eGrant Applications. Applications must be received by the Texas Education Agency by 5:00 p.m. (Central Time), June 30, 2005, to be considered for funding.

TRD-200501792

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: May 4, 2005

Request for eGrant Applications Concerning the Summer Work Study Program for Migrant Secondary Students, 2005-2006

Eligible Applicants. The Texas Education Agency (TEA) is requesting eGrant applications under Standard Application System (SAS) #MSWSAA06 from colleges and universities in Texas. Eligible applicants must demonstrate a full understanding of the needs of migrant secondary students in Texas and must demonstrate the capacity and ability to implement, operate, and manage the project on a statewide basis.

Description. The purpose of the Summer Work Study Program for Migrant Secondary Students is to provide, at the minimum, 100 eligible migrant students with a six-week college or university work study experience by providing them dormitory housing on campus; by paying them a minimum wage stipend, paid by a partnership entity, for meaningful work experience in an office setting; and by providing participating students alternative ways to earn credits toward high school graduation in a college or university setting.

Dates of Project. The Summer Work Study Program for Migrant Secondary Students will be implemented during the 2005-2006 school year. Applicants should plan for a starting date of no earlier than September 1, 2005, and an ending date of no later than August 31, 2006.

Project Amount. Funding will be provided for one statewide project. The project will receive a maximum of $100,000 for the 2005-2006 school year. This project is funded 100 percent from Migrant Education Program federal funds.

Selection Criteria. Applications will be scored based on the independent reviewers' assessment of each applicant's ability to carry out all requirements contained in the SAS. Reviewers will evaluate applications based on the overall quality and validity of the proposed grant programs and the extent to which the applications address the primary objectives and intent of the project. Applications must address each requirement as specified in the SAS to be considered for funding. Applicants must partner with an entity that has the capacity to provide funding to pay students a minimum wage for participating in a meaningful work experience in an office setting. The TEA reserves the right to select from the highest-ranking applications those that address all requirements in the SAS and that are most advantageous to the project.

Obtaining Access to TEA's eGrants. The Summer Work Study Program for Migrant Secondary Students grant application is available only through TEA's eGrants and may not be obtained or submitted by any other means. The eGrant application will be available in eGrants on or about May 13, 2005. To apply for access to eGrants, go to http://www.tea.state.tx.us/grant. Under the "eGrants Toolbox," select "External Users: Apply for eGrants Logon." Complete the form as instructed, obtain the required signatures, and send it to the TEA contact listed on the form.

Further Information. For clarifying information about the eGrant SAS, contact Donnell Bilsky, Division of Discretionary Grants, Texas Education Agency, (512) 463-9269.

Deadline for Receipt of eGrant Applications. Applications must be received by the Texas Education Agency by 5:00 p.m. (Central Time), June 30, 2005, to be considered for funding.

TRD-200501791

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: May 4, 2005

Request for eGrant Applications Concerning the Texas Migrant Interstate Program, 2005-2006

Eligible Applicants. The Texas Education Agency (TEA) is requesting eGrant applications under Standard Application System (SAS) #TMIPAA06 from public school districts, including open-enrollment charter schools; education service centers; and colleges and universities in Texas. Eligible applicants must demonstrate a full understanding of the needs of migrant secondary students in Texas and must demonstrate the capacity and ability to implement, operate, and manage the project on a statewide and nationwide basis.

Description. The purpose of the Texas Migrant Interstate Program (TMIP) is to provide direct services and technical assistance related to intrastate and interstate coordination to Texas migrant students and their families and migrant education program staff within and outside Texas. To assist in meeting the needs of this population, which is most at risk of not meeting the state's academic content and achievement standards, the TMIP will coordinate with states that receive this target population by offering certified bilingual counselors to work with migrant students, home-based district personnel, migrant parents, and receiving state migrant education program personnel on issues such as appropriate student placement, credit accrual, and state achievement testing.

Dates of Project. The TMIP will be implemented during the 2005-2006 school year. Applicants should plan for a starting date of no earlier than September 1, 2005, and an ending date of no later than August 31, 2006.

Project Amount. Funding will be provided for one statewide project. The project will receive a maximum of $500,000 for the 2005-2006 school year. This project is funded 100 percent from Migrant Education Program federal funds.

Obtaining Access to TEA's eGrants. The TMIP grant application is available only through TEA's eGrants and may not be obtained or submitted by any other means. The eGrant application will be available in eGrants on or about May 13, 2005. To apply for access to eGrants, go to http://www.tea.state.tx.us/grant. Under the "eGrants Toolbox," select "External Users: Apply for eGrants Logon." Complete the form as instructed, obtain the required signatures, and send it to the TEA contact listed on the form.

Further Information. For clarifying information about the eGrant SAS, contact Donnell Bilsky, Division of Discretionary Grants, Texas Education Agency, (512) 463-9269.

Deadline for Receipt of eGrant Applications. Applications must be received by the Texas Education Agency by 5:00 p.m. (Central Time), June 30, 2005, to be considered for funding.

TRD-200501800

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: May 4, 2005

Texas Commission on Environmental Quality

Enforcement Orders

An agreed order was entered regarding El Hamad Enterprises, Inc. dba Habeeb Food Store, Docket No. 2002-0947-PST-E on April 19, 2005 assessing $4,400 in administrative penalties with $880 deferred.

Information concerning any aspect of this order may be obtained by contacting Barbara Watson, Staff Attorney at (512) 239-2044, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Joe Gutierrez dba Jose Gutierrez Trucking, Docket No. 2002-1401-MSW-E on April 19, 2005 assessing $3,600 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Laurencia Fasoyiro, Staff Attorney at (713) 422-8914, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Suntex Fuller Corporation dba Fuller Utilities Corporation, Docket No. 2002-1057-MWD-E on April 19, 2005 assessing $26,600 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Deborah Bynum, Staff Attorney at (512) 239-1976, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Bellaire Food Store, Inc. dba Shop N Go No. 2, Docket No. 2003-0763-PST-E on April 19, 2005 assessing $1,900 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Sarah Utley, Staff Attorney at (512) 239-0575, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Domingo Garza dba Mexico Motors, Docket No. 2003-1238-WQ-E on April 19, 2005 assessing $9450 in administrative penalties.

An agreed order was entered regarding United Petroleum Transports, Inc., Docket No. 2003-0552-PST-E on April 19, 2005 assessing $7,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Rebecca Nash Petty, Staff Attorney at (512) 239-3693, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Mohammad Mohiuddin dba Palestine Mini Mart, Docket No. 2003-0868-PST-E on April 19, 2005 assessing $3,270 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Xavier Guerra, Staff Attorney at (210) 403-4016, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Brazos Valley Solid Waste Management Agency, Docket No. 2003-1586-AIR-E on April 19, 2005 assessing $500 in administrative penalties with $100 deferred.

Information concerning any aspect of this order may be obtained by contacting Sheila Smith, Enforcement Coordinator at (512) 239-1670, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Sok Sun Yang dba Stop By Mart, Docket No. 2003-0336-PST-E on April 19, 2005 assessing $5,600 in administrative penalties with $1,120 deferred.

Information concerning any aspect of this order may be obtained by contacting Michael Meyer, Enforcement Coordinator at (512) 239-4492, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Crystal Clear Water Supply Corporation, Docket No. 2003-0620-PWS-E on April 19, 2005 assessing $1,060 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Pamela Campbell, Enforcement Coordinator at (512) 239-4493, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Satina, Inc. dba Donna's Food Market, Docket No. 2003-1117-PST-E on April 19, 2005 assessing $18,150 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Lindsay Andrus, Staff Attorney at (512) 239-4761, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Texas God Bless, Inc. dba Lucky Stop Grocery, Docket No. 2003-0394-PST-E on April 19, 2005 assessing $1,050 in administrative penalties.

A default order was entered regarding Lee and Kathy Byrd, Docket No. 2003-1479-MSW-E on April 19, 2005 assessing $5,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Sarah Jane Utley, Staff Attorney at (512) 239-0575, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Crawdad's, Inc. dba Crawdad's 4 Kountze, Docket No. 2003-1141-PST-E on April 19, 2005 assessing $3,750 in administrative penalties with $750 deferred.

Information concerning any aspect of this order may be obtained by contacting Merrilee Hupp, Enforcement Coordinator at (512) 239-4490, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Matagorda County Water Control and Improvement District No. 5, Docket No. 2003-0061-MWD-E on April 19, 2005 assessing $5,200 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Tel Croston, Enforcement Coordinator at (512) 239-5717, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Texas Department of Criminal Justice, Docket No. 2003-0066-MWD-E on April 19, 2005 assessing $58,800 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting J. Mac Vilas, Enforcement Coordinator at (512) 239-2557, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Nasir Mughal, Docket No. 2003-1332-PST-E on April 19, 2005 assessing $4,280 in administrative penalties.

A default order was entered regarding Ansh III, L.P. dba Circle Q Food Store #1, Docket No. 2003-1001-PST-E on April 19, 2005 assessing $1,090 in administrative penalties.

An agreed order was entered regarding Motiva Enterprises, LLC, Docket No. 2003-1186-AIR-E on April 19, 2005 assessing $656,397 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Laura Clark, Enforcement Coordinator at (409) 899-8760, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Gerald Mayfield, Docket No. 2003-1534-OSS-E on April 19, 2005 assessing $275 in administrative penalties.

An agreed order was entered regarding City of Anna, Docket No. 2003-0173-MWD-E on April 19, 2005 assessing $7,200 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Steven Lopez, Enforcement Coordinator at (512) 239-1896, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Alvin Massington, Docket No. 2003-0491-MSW-E on April 19, 2005 assessing $5,250 in administrative penalties.

An agreed order was entered regarding City of Memphis, Docket No. 2003-1203-MWD-E on April 19, 2005 assessing $7,650 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Laurie Eaves, Enforcement Coordinator at (512) 239-4495, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding INAARA Group, Inc. dba City Star Texaco, Docket No. 2004-0147-PST-E on April 19, 2005 assessing $3,120 in administrative penalties.

An agreed order was entered regarding City of Aransas Pass, Docket No. 2004-0335-MWD-E on April 19, 2005 assessing $9,300 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Audra Ruble, Enforcement Coordinator at (361) 825-3126, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Westfield Mobile Home Community, Ltd. dba Westfield Mobile Home Park, Docket No. 2004-0363-MWD-E on April 19, 2005 assessing $4,025 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Catherine Albrecht, Enforcement Coordinator at (713) 767-3672, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Angelina County, Docket No. 2004-0365-AIR-E on April 19, 2005 assessing $510 in administrative penalties with $102 deferred.

Information concerning any aspect of this order may be obtained by contacting Harvey Wilson, Enforcement Coordinator at (512) 239-0321, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Waste Management of Texas, Inc., Docket No. 2004-0384-MLM-E on April 19, 2005 assessing $3,475 in administrative penalties with $695 deferred.

Information concerning any aspect of this order may be obtained by contacting Cari Bing, Enforcement Coordinator at (512) 239-1445, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Al-Ilam Enterprises, Inc. dba Happy Chap Market 1, Docket No. 2004-0416-PST-E on April 19, 2005 assessing $15,950 in administrative penalties.

An agreed order was entered regarding Magellan Terminals Holdings L.P., Docket No. 2004-0487-AIR-E on April 19, 2005 assessing $20,400 in administrative penalties.

An agreed order was entered regarding Oasis Car Wash, Inc. dba Magic Car Wash & Lube Center, Docket No. 2004-0636-PST-E on April 19, 2005 assessing $5,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Edward Moderow, Enforcement Coordinator at (512) 239-2680, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Hanover Compression Limited Partnership, Docket No. 2004-0646-AIR-E on April 19, 2005 assessing $46,200 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Kensley Greuter, Enforcement Coordinator at (512) 239-2520, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Varco, L.P., Docket No. 2004-0700-AIR-E on April 19, 2005 assessing $15,400 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Carolyn Lind, Enforcement Coordinator at (903) 535-5145, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Northside ISD, Docket No. 2004-0734-EAQ-E on April 19, 2005 assessing $1,875 in administrative penalties with $375 deferred.

Information concerning any aspect of this order may be obtained by contacting Leila Pezeshki, Enforcement Coordinator at (210) 403-4080, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Lomax, Inc. dba Lomax Oil Co., Docket No. 2004-0763-PST-E on April 19, 2005 assessing $500 in administrative penalties with $100 deferred.

Information concerning any aspect of this order may be obtained by contacting Brent Hurta, Enforcement Coordinator at (512) 239-6589, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Edward A. Fenoglio dba Oak Shores Water System, Docket No. 2004-0766-PWS-E on April 19, 2005 assessing $1,102 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting David Van Soest, Enforcement Coordinator at (512) 239-0468, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Chevron Pipe Line Company, Docket No. 2004-0767-AIR-E on April 19, 2005 assessing $9,900 in administrative penalties with $1,980 deferred.

Information concerning any aspect of this order may be obtained by contacting Brian Lehmkuhle, Enforcement Coordinator at (512) 239-4482, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Gregorio Gaytan, Docket No. 2004-0779-OSS-E on April 19, 2005 assessing $225 in administrative penalties with $45 deferred.

Information concerning any aspect of this order may be obtained by contacting Suzanne Walrath, Enforcement Coordinator at (512) 239-2134, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Red River Authority of Texas dba Arrowhead Lake Lots Water System, Docket No. 2004-0863-PWS-E on April 19, 2005 assessing $510 in administrative penalties with $102 deferred.

An agreed order was entered regarding City of Blanco, Docket No. 2004-1010-PWS-E on April 19, 2005 assessing $250 in administrative penalties with $50 deferred.

Information concerning any aspect of this order may be obtained by contacting Mauricio Olaya, Enforcement Coordinator at (915) 834-4967, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Enbridge Pipelines East Texas L.P., Docket No. 2004-1109-AIR-E on April 19, 2005 assessing $6,450 in administrative penalties with $1,290 deferred.

Information concerning any aspect of this order may be obtained by contacting Ruben Soto, Enforcement Coordinator at (512) 239-4571, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding M. R. Calhoun Enterprises, Inc. dba Country Stop, Docket No. 2004-1185-PST-E on April 19, 2005 assessing $800 in administrative penalties.

An agreed order was entered regarding Salem Khalil dba Seven Seas Grocery, Docket No. 2004-1189-PST-E on April 19, 2005 assessing $2,100 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Chris Friesenhahn, Enforcement Coordinator at (210) 403-4077, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding SJKR, Inc. dba Steve's Texaco, Docket No. 2004-1206-PST-E on April 19, 2005 assessing $1,050 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Jeffrey Huhn, Staff Attorney at (512) 239-5111, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-200501793

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: May 4, 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 June 13, 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 June 13, 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: David Watson dba Gew Chevron; DOCKET NUMBER: 2004-1429-PST-E; TCEQ ID NUMBERS: 49266 and RN102458387; LOCATION: 400 Miller, Anahuac, Chambers 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 petroleum underground storage tanks (USTs); and 30 TAC §§334.22(a), 334.128(a), 12.1, and TWC, §5.702, by failing to pay outstanding fees; PENALTY: $3,150; STAFF ATTORNEY: Ann Skowronski, Litigation Division, MC 175, (512) 239-2497; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY: Gene Gilley; DOCKET NUMBER: 2004-1273-MSW-E; TCEQ ID NUMBER: RN103948105; LOCATION: 1253 Farm-to-Market Road 3266, Palestine, Anderson County, Texas; TYPE OF FACILITY: property; RULES VIOLATED: 30 TAC §330.5(c), by failing to properly dispose of approximately 550 scrap tires at an authorized facility; PENALTY: $2,100; STAFF ATTORNEY: Ann Skowronski, Litigation Division, MC 175, (512) 239-2497; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(3) COMPANY: John Grohman; DOCKET NUMBER: 2004-0564-MSW-E; TCEQ ID NUMBER: RN102920493; LOCATION: adjacent to County Road 334, 1/4 mile south of State Highway 153, Runnels County, Texas; TYPE OF FACILITY: property; RULES VIOLATED: 30 TAC §330.5(a), by causing, suffering, allowing, or permitting the collection, storage, or disposal of municipal solid waste on non-permitted property; PENALTY: $7,700; STAFF ATTORNEY: Ann Skowronski, Litigation Division, MC 175, (512) 239-2497; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(4) COMPANY: Mehmood Lakhani dba C-Store; DOCKET NUMBER: 2002-0751-PST-E; TCEQ ID NUMBERS: 0021877 and RN102360716; LOCATION: 110 North Story Road, Irving, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.246(7)(A) and Texas Health and Safety Code (THSC), §382.085(b), by failing to maintain Stage II records on site at the station and available for review; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to conduct an annual pressure decay test on the Stage II vapor recovery system; 30 TAC §115.242(3)(A), (B), and (4) and THSC, §382.085(b), by failing to ensure that no gasoline leaks, as detected by sampling, sight, sound, or smell, existed anywhere in the dispensing equipment and failing to maintain the Stage II vapor recovery system in proper operating condition; 30 TAC §334.7(d)(3), by failing to provide amended registration for any change or additional information regarding the USTs; 30 TAC §334.8(c)(4)(B) and TWC, §26.346(a), by failing to ensure that the TCEQ UST and self-certification form was submitted to the commission in a timely manner; 30 TAC §334.49(a) and TWC, §26.3475(d), by failing to install a method of corrosion protection for the UST system; 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; 30 TAC §334.50(b)(1)(A) and (b)(2) and TWC, §26.3475(a), by failing to provide proper release detection for the product piping associated with the UST system and failing to ensure that all tanks were monitored for releases at a frequency of at least once per month; 30 TAC §334.10(b)(1)(B), by failing to provide petroleum storage tank delivery records upon request by the TCEQ; and 30 TAC §334.22(d) and TWC, §26.358(d), by failing to pay outstanding UST fees; PENALTY: $17,340; STAFF ATTORNEY: Lindsay Andrus, Litigation Division, MC 175, (512) 239-4761; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: Oldmoc, Inc. dba Time Saver Grocery; DOCKET NUMBER: 2004-0536-PST-E; TCEQ ID NUMBERS: 40316 and RN101790608; LOCATION: 13712 Walters Road, Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §§334.74(2)(A), 334.77(b), 334.78, 334.80(a)(3) and (4), and TWC, §26.121(a), by failing to prevent an unauthorized discharge of hydrocarbons into, or adjacent to, waters of the state, and failing to conduct release investigation and confirmation steps, the initial abatement steps, site assessment, and corrective action activities; and 30 TAC §334.72(1) and §334.76(1), by failing to report a release to the agency within 24 hours of discovery; PENALTY: $13,500; STAFF ATTORNEY: Xavier Guerra, Litigation Division, MC R-13, (210) 403-4016; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(6) COMPANY: Osborn Stone Company, Inc. dba A & A Stone Company; DOCKET NUMBER: 2004-1134-WQ-E; TCEQ ID NUMBER: RN104317904; LOCATION: 6101 Thomas Court, Tolar, Hood County, Texas; TYPE OF FACILITY: mining and quarrying; RULES 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 industrial activity into water in the state; PENALTY: $39,000; STAFF ATTORNEY: Ann Skowronski, Litigation Division, MC 175, (512) 239-2497; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(7) COMPANY: Silas Frank Clark dba Clark's Backhoe Service; DOCKET NUMBER: 2003-0612-OSI-E; TCEQ ID NUMBER: RN102792587; LOCATION: 201 Live Oak Street, Melvin, McCulloch County, Texas; TYPE OF FACILITY: on-site sewage facility (OSSF) system; RULES VIOLATED: 30 TAC §30.231(b), §285.50(b), and THSC, §366.071(a), by failing to hold a current installer license prior to constructing any part of the OSSF at the site; 30 TAC §285.3(b)(1) and THSC, §366.051(c), by failing to obtain authorization to construct from the permitting authority prior to constructing the OSSF at the site; 30 TAC §30.5(b), §285.61(1) and (3), and THSC, §366.071(a), by failing to hold a current installer license when representing to the public and to a TCEQ investigator that such license was held and failing to hold a current installer license when representing that services requiring an OSSF license could be performed; and 30 TAC §285.61(6) and THSC, §366.004, by failing to construct an OSSF to meet the minimum required criteria; PENALTY: $1,375; STAFF ATTORNEY: Jeffrey Huhn, Litigation Division, MC 175, (512) 239-5111; REGIONAL OFFICE: San Angelo Regional Office, 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(8) COMPANY: Tassie Bailey, III aka Timothy Bailey dba Bailey Garbage Service; DOCKET NUMBER: 2004-1432-MLM-E; TCEQ ID NUMBERS: MQ0628R and RN100881986; LOCATION: 22165 Bailey Grove Road, Montgomery, Montgomery County, Texas; TYPE OF FACILITY: garbage collection and disposal service; RULES VIOLATED: 30 TAC §111.201 and THSC, §382.085(b), by conducting outdoor burning of garbage; and 30 TAC §330.5(c), by disposing of municipal solid waste without authorization; PENALTY: $1,050; STAFF ATTORNEY: Ann Skowronski, Litigation Division, MC 175, (512) 239-2497; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(9) COMPANY: Tsuo-Min Chi dba A-Sunnys; DOCKET NUMBER: 2004-1224-PST-E; TCEQ ID NUMBERS: 43969 and RN102281268; LOCATION: 6240 Synott Road, 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 petroleum USTs; PENALTY: $2,100; STAFF ATTORNEY: Jeffrey Huhn, Litigation Division, MC 175, (512) 239-5111; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(10) COMPANY: Virginia Setia dba Time Out Food Store; DOCKET NUMBER: 2004-0316-PST-E; TCEQ ID NUMBERS: 45464 and RN102852704; LOCATION: 12800 1/2 Woodforest Boulevard, Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.51(b)(2)(C) and TWC, §26.3475(c)(2), by failing to provide proper overfill prevention for the UST system; 30 TAC §334.49(c)(2)(C) and (4)(C) and TWC, §26.3475(d), by failing to regularly inspect the cathodic protection system at least every 60 days; 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 petroleum USTs; 30 TAC §334.48(c), §334.50(d)(1)(B)(ii), and TWC, §26.3475(c)(1), by failing to conduct daily inventory control and monthly reconciliation of inventory control records; 30 TAC §334.50(b)(2)(A)(i) and TWC, §26.3475(a), by failing to equip pressurized piping on the UST system with a proper leak detection system; and 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to perform and document monthly monitoring of the USTs for releases; PENALTY: $34,650; STAFF ATTORNEY: James Sallans, Litigation Division, MC 175, (512) 239-2053; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-200501783

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: May 3, 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 June 13, 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 June 13, 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: Buckley Oil Company; DOCKET NUMBER: 2004-0012-MLM-E; TCEQ ID NUMBERS: 33423 and RN100536481; LOCATION: 1809 and 1803 Rock Island Street, Dallas, Dallas County, Texas; TYPE OF FACILITY: chemical storage and distribution; RULES VIOLATED: 30 TAC §335.4 and TWC, §26.121(c), by failing to prevent spills which contaminated the soil along the west property fence line and shallow groundwater; 30 TAC §335.62 and §335.503, by failing to conduct hazardous waste determinations for five waste streams generated at the facility; 30 TAC §335.6(b), by failing to update its notice of registration within 90 days of becoming aware of additional information; and 30 TAC §305.42(a) and TWC, §26.121(a), by failing to have authorization to discharge contaminated stormwater into waters in the state; PENALTY: $23,490; STAFF ATTORNEY: James Biggins, Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: C.L. Hall dba Southfork Dairy and Douglas Hall; DOCKET NUMBER: 2003-0523-AGR-E; TCEQ ID NUMBER: RN101519841; LOCATION: County Road 4410 at the intersection of Farm-to-Market Road (FM) 514, near Emory, Rains County, Texas; TYPE OF FACILITY: milk production operation; RULES VIOLATED: 30 TAC §321.31(a) and TWC, §26.121(a)(1), by failing to prevent the discharge of waste or wastewater from the animal feeding operations into or adjacent to waters in the state; 30 TAC §321.39(f)(18), by failing to maintain the liner of the lagoons to inhibit infiltration of wastewater; 30 TAC §321.39(f)(11), by failing to maintain the proper freeboard; 30 TAC §321.39(f)(10)(D), by failing to stabilize the embankment walls of the lagoon to prevent erosion or deterioration; 30 TAC §321.40(11), by failing to properly dispose of dead animals; 30 TAC §321.39(f)(1)(C), by failing to list a description of potential pollutants, which included a list of any specific spills of these materials at the facility; 30 TAC §321.41(c), by failing to document incidents such as spills, other discharges, or nuisance conditions, along with other information describing the pollution potential and quality of the incident in the pollution prevention plan records, and failing to maintain the records on site for at least three years; 30 TAC §321.31(a), §321.39(10)(A), and TWC, §26.121(a)(1), by failing to prohibit the discharge or drainage of irrigated wastewater where it would result in the discharge of pollutants into, or adjacent to, waters in the state; 30 TAC §321.39(f)(19)(D), by failing to manage irrigation practices so as to minimize or reduce ponding and puddling of wastewater on-site and pollution of the waters in the state; and 30 TAC §321.42(a), by failing to notify the executive director, in writing, within 14 days after a discharge to waters in the state; PENALTY: $10,140; STAFF ATTORNEY: James Sallans, Litigation Division, MC 175, (512) 239-2053; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(3) COMPANY: Charles Engle dba Fabens Oil Company dba Freeway Exxon; DOCKET NUMBER: 2004-1553-PST-E; TCEQ ID NUMBERS: 22318 and RN100819259; LOCATION: 7450 Gateway Boulevard East, El Paso, El Paso County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for the underground storage tank (UST) system regardless of the chosen method of release detection; 30 TAC §334.50(b)(1)(A) and (d)(1)(B)(ii), and TWC, §26.3475(c)(1), by failing to reconcile inventory control records; 30 TAC §334.50(b)(1)(A), (d)(4)(A)(ii), and TWC, §26.3475(c)(1), by failing to put the automatic tank gauge into test mode once per month; 30 TAC §334.50(b)(1)(A) and (2)(A)(i)(III) and TWC, §26.3475(c)(1), by failing to have the line leak detectors tested 12 months after the previous annual test; and 30 TAC §334.10(b) and TWC, §26.3475(c)(1), by failing to maintain records to demonstrate compliance with corrosion protection testing requirements; PENALTY: $4,920; STAFF ATTORNEY: Courtney St. Julian, Litigation Division, MC 175, (512) 239-0617; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(4) COMPANY: Gulf Reduction Corporation; DOCKET NUMBER: 2004-0421-IHW-E; TCEQ ID NUMBER: RN102547064; LOCATION: 310 North Greenwood, Harris County, Texas; TYPE OF FACILITY: manufacturer of various zinc products; RULES VIOLATED: 30 TAC §335.62, by failing to perform waste determinations and waste classifications on waste generated at the facility; 30 TAC §335.2, §335.43(a), and 40 Code of Federal Regulations (CFR) §270.1(C) and §270.10(g), by failing to obtain a permit before storing and processing hazardous waste on site; 40 CFR §261.4(a)(20)(ii) and (a)(21)(i)(A), by failing to meet the zinc fertilizer exclusion notification, management, and reporting requirements; 30 TAC §335.431(c) and 40 CFR §268.7(a), by failing to meet land disposal requirements for material received, processed, and shipped for use as a zinc supplement in fertilizer; and 30 TAC §335.6(c), by failing to comply with notice of registration requirements for appropriate generator status, waste streams, waste management units, and recycling activities for, but not limited to, crushed wet skims, used filter bags, and cartridge filters, spent solvent from parts washer, Sweco/Tramp screen trash, EF3rd run material, no value labeled drums, non-hazardous waste labeled drums moved to the wet skim processing area, floor sweepings, and plant trash; PENALTY: $8,000; STAFF ATTORNEY: Alfred Okpohworho, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(5) COMPANY: Jackie W. Davis, Individually, and Jackie W. Davis, Executor, Estate of Ola Faye Davis, Deceased; DOCKET NUMBER: 2004-1291-MSW-E; TCEQ ID NUMBERS: 455040150 and RN104256136; LOCATION: United States (US) Highway 377 and south of US Highway 377, Denton, Denton County, Texas; TYPE OF FACILITY: property; RULES VIOLATED: 30 TAC §330.5(c) and §328.23(b), by failing to prevent the unauthorized disposal of waste and failing to prevent the disposal of used oil filters at the site; 30 TAC §335.62 and 40 CFR §262.11(c), by failing to perform a hazardous waste determination on solid waste generated; and 30 TAC §324.6, 40 CFR §279.22(d)(3), and Texas Health and Safety Code (THSC), §371.041, by failing to clean up used oil upon detection of a release to the environment; PENALTY: $13,625; 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: Jose Fernandez; DOCKET NUMBER: 2003-0106-MLM-E; TCEQ ID NUMBER: RN102004348; LOCATION: on an unnamed road, approximately 0.5 miles south of Rancho Toluca Road, approximately 0.5 miles east of the intersection of Rancho Toluca Road and FM 1015, Progreso, Hidalgo County, Texas; TYPE OF FACILITY: unauthorized disposal site; RULES VIOLATED: 30 TAC §330.5(a), by failing to prevent the disposal of municipal solid waste at an unauthorized disposal site; and 30 TAC §111.201 and THSC, §382.085(b), by failing to prevent any outdoor burning within the State of Texas, except as provided by this subchapter, or by order, or permits of the commission; PENALTY: $2,100; STAFF ATTORNEY: Ashley Kever, Litigation Division, MC 175, (512) 239-2987; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(7) COMPANY: Judy Davis dba Judy's Kountry Kitchen; DOCKET NUMBER: 2004-1480-PST-E; TCEQ ID NUMBERS: 62890 and RN102260767; LOCATION: Highway 175 and FM 315, Poynor, Henderson 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 petroleum USTs; and 30 TAC §334.21, by failing to pay outstanding UST fees; PENALTY: $3,150; STAFF ATTORNEY: Jeffrey Huhn, Litigation Division, MC 175, (512) 239-5111; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(8) COMPANY: La Moderna, Inc.; DOCKET NUMBER: 2003-1355-PST-E; TCEQ ID NUMBERS: 31695, EE1147F, and RN100820703; LOCATION: 14600 Montana Avenue, El Paso, El Paso County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(d)(9) and (d)(1)(B)(ii), by failing to conduct proper release detection and effective inventory control procedures; 30 TAC §334.49(c)(2)(C) and TWC, §26.3475(d), by failing to inspect the rectifier and other components at least once every 60 days; 30 TAC §334.10(b)(2)(B)(vii), by failing to maintain all records and make the records available during the inspection; and 30 TAC §114.100(a) and THSC, §382.085(b), by selling gasoline for use as a motor fuel in El Paso County with an oxygen content lower than 2.7% by weight; PENALTY: $17,100; STAFF ATTORNEY: Barbara L. Klein, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(9) COMPANY: Pilot Industries of Texas, Inc.; DOCKET NUMBER: 2004-1646-AIR-E; TCEQ ID NUMBERS: HG0569B, 2427, and RN100214618; LOCATION: 11623 North Houston Rosslyn Road, Houston, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing plant; RULES VIOLATED: 30 TAC §§101.20(2), 115.352(4), 116.115(c), 40 CFR §61.112(a), §61.242-6(a), THSC, §382.085(b), and TCEQ Permit Number 2427, Special Conditions Numbers 2 and 7E, by failing to equip open-ended valves containing a volatile hazardous air pollutant (VHAP) with a cap, plug, blind, or second valve; 30 TAC §101.20(2), §116.115(b) and (c), 40 CFR §61.112(a), §61.246(e)(4)(iii), THSC, §382.085(b), and TCEQ Air Permit Number 2427, Special Condition Numbers 2 and 7K, by failing to maintain records of fugitive monitoring instrument readings for all components; and 30 TAC §101.201(1) and (2), §116.115(c), 40 CFR §§60.485(a), 61.112(a), 61.245(b)(1), THSC, §382.085(b), and TCEQ Air Permit Number 2427, Special Condition Numbers 2 and 7F, by failing to use the calibration gas to calibrate the leak detection instrument used to monitor components in VHAP and volatile organic compound service as specified by permit; PENALTY: $3,330; STAFF ATTORNEY: Mary Clair Lyons, Litigation Division, MC 175, (512) 239-6996; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(10) COMPANY: RFK Enterprises, Inc. dba Food Spot #5; DOCKET NUMBER: 2002-1121-PST-E; TCEQ ID NUMBER: 00445519 and RN101809184; LOCATION: 234 South Main, Vidor, Orange County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.246(5) and (7) and THSC, §382.085(b), by failing to maintain the results of testing conducted at the station to maintain all vapor recovery records; 30 TAC §115.245(3), and THSC, §382.085(b), by failing to successfully perform five-year testing to verify proper operation of the Stage II system; and 30 TAC §115.242(3) and THSC, §382.085(b), by failing to maintain the vapor recovery system free from any defects that would substantially impair the system in reducing refueling vapors; PENALTY: $7,260; 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.

(11) COMPANY: Tri-Star Aviation, Inc.; DOCKET NUMBER: 2004-0590-PST-E; TCEQ ID NUMBERS: 57063 and RN101832699; LOCATION: 10615 West Main Street, La Porte, Harris County, Texas; TYPE OF FACILITY: airport with retail sales of aviation gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the UST for releases at a frequency of at least once every month; and 30 TAC §334.10(b), by failing to develop and maintain records for the UST system; PENALTY: $2,340; STAFF ATTORNEY: Barbara J. Watson, Litigation Division, MC 175, (512) 239-2044; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(12) COMPANY: YJK Inc. dba Granger Food Mart; DOCKET NUMBER: 2003-0257-PST-E; TCEQ ID NUMBERS: 0068960 and RN101375889; LOCATION: 309 South Commerce Street, Granger, Williamson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.48(c), by failing to reconcile the inventory control records on a monthly basis; 30 TAC §334.50(a)(1)(A) and TWC, §26.2475(c), by failing to provide a method of release detection; and 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; PENALTY: $4,800; STAFF ATTORNEY: Ann Skowronski, Litigation Division, MC 175, (512) 239-2497; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

TRD-200501784

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: May 3, 2005

Notice of Public Hearing on Proposed Revisions to 30 TAC Chapter 39

The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony concerning proposed amendments to 30 TAC Chapter 39, Public Notice, Subchapter H, Applicability and General Provisions, §§39.405, 39.418, and 39.419; Subchapter I, Public Notice of Solid Waste Applications, §39.503; Subchapter K, Public Notice of Air Quality Applications, §39.603 and §39.604; and Subchapter L, Public Notice of Injection Well and Other Specific Authorizations, §39.651.

The proposed amendments would extend alternative language notice requirements in the air quality program to waste and water quality authorizations, which publish Notices of Receipt of Application and Intent to Obtain a Permit (NORI) and Notices of Application and Preliminary Decision (NAPD) under Chapter 39. Specifically, when the applicant is required to publish a NORI or NAPD, publication would also be required in the applicable alternative language if either the elementary or middle school nearest to the facility provides a bilingual education program under the applicable provision of the Texas Education Code and certain criteria are met.

A public hearing on this proposal will be held in Austin on June 10, 2005, at 10:00 a.m. at the Texas Commission on Environmental Quality in Building F, Room 2210, located at 12100 Park 35 Circle. The hearing will be structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. There will be no open discussion during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact Patricia Durón, Office of Legal Services at (512) 239-6087. Requests should be made as far in advance as possible.

Comments may be submitted to Patricia Durón, MC 205, Texas Register Team, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711- 3087, or by fax to (512) 239-4808. All comments should reference Rule Project Number 2005-014-039-LS, and must be received by 5:00 p.m., June 13, 2005. For further information, please contact Les Trobman, Environmental Law Division at (512) 239-6056 or Kerrie Qualtrough, Environmental Law Division at (512) 239-3990.

TRD-200501758

Stephanie Bergeron Perdue

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: April 29, 2005

Notice of Water Quality Applications

The following notices were issued during the period of April 27, 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.

CITY OF ALICE has applied for a renewal of TPDES Permit No. 10536-002, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,600,000 gallons per day. The facility is located approximately 4,800 feet southeast of the intersection of Farm-to-Market Road 665 and Farm-to-Market Road 1931 on the south bank of Lattas Creek in Jim Wells County, Texas.

CITY OF AUSTIN DBA AUSTIN ENERGY which operates the Decker Creek Power Plant, a steam electric generating station, has applied for a renewal of TPDES Permit No. WQ0001887000, which authorizes the discharge of once through cooling water and previously monitored effluents (low volume wastewater, metal cleaning wastes, and storm water) at a daily average flow not to exceed 725,000,000 gallons per day via Outfall 001, and storm water on an intermittent and flow variable basis via Outfall 002. The facility is located 8003 Decker Lane, on the west shore of Walter E. Long Lake, approximately four miles east of the intersection of U.S. Highway 290 and U.S. Highway 183 in the City of Austin, Travis County, Texas.

CITY OF MERCEDES for a renewal of TPDES Permit No. 10347-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,300,000 gallons per day. The facility is located on both sides of and adjacent to Mile 1/2 East Road immediately south of its intersection with North 8 Mile Road in Hidalgo County, Texas.

CITY OF WESLACO has applied for a renewal of TPDES Permit No. 10619-001, which authorizes the discharge of treated filter back wash water at a daily average flow not to exceed 250,000 gallons per day. The facility is located at the southeast intersection of Farm-to-Market Road 88 and Mile 9 North Road in Hidalgo 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.

CITY OF HOUSTON has applied for a minor amendment to the Texas Pollutant Discharge Elimination System (TPDES) permit to authorize an additional interim phase at an annual average flow not to exceed 18,000,000 gallons per day with an average discharge during any two-hour period (2-Hr peak) not to exceed 56,944 gallons per minute. The existing permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 21,000,000 gallons per day. The facility is located approximately 0.25 mile west of the confluence of Cole Creek and Whiteoak Bayou and approximately 1.5 miles northeast of the intersection of U.S. Highway 290 and Antoine Drive in the City of Houston in Harris County, Texas.

TRD-200501794

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: May 4, 2005

Golden Crescent Workforce Development Board

Public Notice

The Texas Workforce Solutions of the Golden Crescent announces the availability of their Program Year 2005/Fiscal Year 2006 Integrated Plan Modification for public comment beginning May 13 - June 13, 2005. The plan can be viewed at the TWS at one of the following locations:

* http://www.gcworkforce.org

* 120 S. Main #501, Victoria, TX

* 1800 S. Highway 35 #H, Pt. Lavaca, TX

* 1137 N. Esplanade, Cuero, TX

* 329 W. Franklin, Goliad, TX

* 427 St. George #101, Gonzales, TX

* 903 S. Wells, Edna, TX

* 727 S. Promenade, Hallettsville, TX

Programs provided by the TWS are Career Center services for the general public, including at a minimum Wagner-Peyser Employment Services; Workforce Investment Act services for adults, dislocated workers, and youth; Temporary Assistance for Needy Families Choices Program; Food Stamp Employment & Training; Project Reintegration of Offenders; TAA/NAFTA/TAA; Child Care Services; Veterans Employment & Training; and Communities In Schools programs for an operation period of October 1, 2005 through September 30, 2006. Eligible program beneficiaries who reside in Calhoun, DeWitt, Goliad, Gonzales, Jackson, Lavaca, and Victoria Counties may be provided appropriate employment and educational services through these programs.

All persons wishing to comment on the Plan may do so at one of the addresses above or by fax to (361) 573-0225 no later than June 13, 2005. Corrections and changes to this notice and/or the Plan may be found on our website at http://www.gcworkforce.org.

The TWS is an equal opportunity organization.

Auxiliary aides or services are available upon request to those individuals with disabilities.

TRD-200501788

Sandy Heiermann

Director of Planning and Contracts

Golden Crescent Workforce Development Board

Filed: May 4, 2005

Texas Health and Human Services Commission

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

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on May 31, 2005, to receive public comment on proposed payment rates for the state-owned veterans nursing facilities. These nursing facilities are in the nursing facility program operated by the Texas Department of Aging and Disability Services. These payment rates are proposed to be effective September 1, 2005. The hearing will be held in compliance with Title 1 of the Texas Administrative Code (TAC) §355.105(g), which requires public hearings on proposed payment rates. The public hearing will be held on May 31, 2005, at 9:00 a.m., in the Permian Basin Room of Building H, Braker Center, at 11209 Metric Blvd., Austin, Texas 78758-4021. Written comments regarding the proposed payment rates may be submitted in lieu of testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Maria Ebenhoeh, HHSC Rate Analysis, MC H-400, 1100 West 49th Street, Austin, Texas 78756-3101. Express mail can be sent, or written comments can be hand delivered, to Ms. Ebenhoeh, HHSC Rate Analysis, MC H-400, Braker Center Building H, 11209 Metric Blvd., Austin, Texas 78758-4021. Alternatively, written comments may be sent via facsimile to Ms. Ebenhoeh at (512) 491-1998. Interested parties may request to have mailed to them or may pick up a briefing package concerning the proposed payment rates by contacting Ms. Ebenhoeh, HHSC Rate Analysis, MC H-400, 1100 49th Street, Austin, Texas 78756-3101.

Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Ms. Ebenhoeh, HHSC Rate Analysis, MC H-400, 1100 49th Street, Austin, Texas 78756-3101, by May 26, 2005, so that appropriate arrangements can be made.

Proposal. As the single state agency for the state Medicaid program, HHSC proposes the following per day payment rates for the state-owned veterans nursing facilities effective September 1, 2005: Big Spring, $133.00; Bonham, $133.00; Floresville, $133.00; and Temple, $133.00. The proposed rates for each home are based upon the state veterans home semi-private basic daily rate in effect on the first day of the rate period in accordance with 1 TAC §355.111(d). These rates will be reconciled retrospectively based on actual costs in accordance with 1 TAC §355.311(j).

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

TRD-200501779

Lee Dickinson

Assistant General Counsel

Texas Health and Human Services Commission

Filed: May 3, 2005

Public Notice

The Health and Human Services Commission, State Medicaid Office, has received approval from the Centers for Medicare and Medicaid Services to amend the Title XIX Medical Assistance Plan by Transmittal Number 04-030, Amendment Number 694.

This amendment clarifies that an annuity purchased by a person is a countable resource for Medicaid eligibility purposes and lists the criteria that allows an irrevocable annuity to be exempt as a resource. The effective date is October 1, 2004.

Should you require additional information, please contact Lesa Ledbetter, Policy Analyst with the Medicaid/CHIP Division, at (512) 491-1199 or lesa.ledbetter@hhsc.state.tx.us.

TRD-200501767

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: May 2, 2005

Department of State Health Services

Licensing Actions for Radioactive Materials

TRD-200501798

Cathy Campbell

Director, Legal Services

Department of State Health Services

Filed: May 4, 2005

Notice of Agreed Order with Gardea Dental Equipment and Service

On May 2, 2005, the Radiation Program Officer, Department of State Health Services (department), approved the settlement agreement between the department and Gardea Dental Equipment and Service (company), (unregistered) of El Paso. A total administrative penalty in the amount of $3,000 was assessed the company for violations of 25 Texas Administrative Code, Chapter 289. Of the total administrative penalty, $1,000 will be probated and will be forgiven if the company complies 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-200501797

Cathy Campbell

Director, Legal Services

Department of State Health Services

Filed: May 4, 2005

Notice of Amendment to the Texas Schedules of Controlled Substances Adding Certain Anabolic Steroids to Schedule III

United States Senate Bill 2195, entitled the "Anabolic Steroid Control Act of 2004" was enacted on October 22, 2004. It went into effect 90 days after enactment, which was January 20, 2005. The bill redefined "anabolic steroid" and included a new list of steroids under the new definition. All anabolic steroids, unless specifically exempted by regulation, are Schedule III Controlled Substances.

Pursuant to §481.034(g), as amended by the 75th legislature, of the Texas Controlled Substances Act, Chapter 481, Health and Safety Code, at least thirty-one days have expired since notice of the above referenced action was published. Eduardo J. Sanchez, M.D., M.P.H., in his capacity as Commissioner of the Department of State Health Services, on April 15, 2005, amended the Texas Schedules of Controlled Substances and hereby orders to be effective 21 days after the date of publication of this notice in the Texas Register that the Substances androstanediol including 3β,17β-dihydroxy-5α-androstane and 3α,17β-dihydroxy-5α-androstane; androstanedione; androstenediol including 1-androstenediol (3β,17β-dihydroxy-5α-androst-1-ene), 1-androstenediol (3α,17β-dihydroxy-5α-androst-1-ene), 4-androstenediol, and 5-androstenediol; androstenedione including 1-androstenedione, 4-androstenedione, and 5-androstenedione ; bolasterone; calusterone; delta-1-dihydrotestosterone; furazabol; 13β-ethyl-17α-hydroxygon-4-en-3-one; 4-hydroxytestosterone; 4-hydroxy-19-nortestosterone; mestanolone; 17α-methyl-3β, 17β-dihydroxy-5α-androstane; 17α-methyl-3α,17β-dihydroxy-5α-androstane; 17α-methyl-3β,17β-dihydroxyandrost-4-ene; 17α-methyl-4-hydroxynandrolone; methyldienolone; methyltrienolone; 17α-methyl-delta-1-dihydrotestosterone; norandrostenediol including 19-nor-4-androstenediol (3β, 17β-dihydroxyestr-4ene), 19-nor-4-androstenediol (3α, 17β-dihydroxyestr-4-ene), 19-nor-5-androstenediol (3β, 17β-dihydroxyestr-5-ene), and 19-nor-5-androstenediol (3α, 17β-dihydroxyestr-5-ene); norandrostenedione including 19-nor-4-androstenedione, and 19-nor-5-androstenedione; norbolethone; norclostebol; normethandrolone; stenbolone; and tetrahydrogestrinone including their salts, esters, or ethers be added to Schedule III of the Texas Controlled Substances Act. Schedule III of said Act is hereby amended to read as follows:

SCHEDULE III

Schedule III consists of:

Schedule III depressants

***

Nalorphine

Schedule III narcotics

***

Schedule III stimulants

***

Schedule III anabolic steroids and hormones*

anabolic steroids, including any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins, corticosteroids, and dehydroepiandrosterone), and include the following:

(1) androstanediol

(1-1) 3β,17β-dihydroxy-5α-androstane; and

(1-2) 3α,17β -dihydroxy-5α-androstane;

(2) androstanedione (5α-androstan-3,17-dione);

(3) androstenediol--

(3-1) 1-androstenediol (3β,17β-dihydroxy-5α-androst-1-ene);

(3-2) 1-androstenediol (3α,17β-dihydroxy-5α-androst-1-ene);

(3-3) 4-androstenediol (3β,17β-dihydroxy-androst-4-ene); and,

(3-4) 5-androstenediol (3β,17β-dihydroxy-androst-5-ene);

(4) androstenedione--

(4-1) 1-androstenedione ([5α]-androst-1-en-3,17-dione);

(4-2) 4-androstenedione (androst-4-en-3,17-dione); and

(4-3) 5-androstenedione (androst-5-en-3,17-dione);

(5) bolasterone (7α,17α-dimethyl-17β-hydroxyandrost-4-en-3-one);

(6) boldenone (17β-hydroxyandrost-1,4,-diene-3-one);

(7) calusterone (7β,17α-dimethyl-17β-hydroxyandrost-4-en-3-one);

(8) clostebol (4-chloro-17β-hydroxyandrost-4-en-3-one);

(9) dehydrochloromethyltestosterone (4-chloro-17β-hydroxy-17α-methyl-androst-1,4-dien-3- one);

(10) delta-1-dihydrotestosterone (a.k.a. "1-testosterone") (17β-hydroxy-5α-androst-1-en-3-one);

(11) 4-dihydrotestosterone (17β-hydroxy-androstan-3-one);

(12) drostanolone (17β-hydroxy-2α-methyl-5α-androstan-3-one);

(13) ethylestrenol (17α-ethyl-17β-hydroxyestr-4-ene);

(14) fluoxymesterone (9-fluoro-17α-methyl-11β,17β-dihydroxyandrost-4-en-3-one);

(15) formebolone (2-formyl-17α-methyl-11α,17β-dihydroxyandrost-1,4-dien-3-one);

(16) furazabol (17α-methyl-17β-hydroxyandrostano[2,3-c]-furazan);

(17) 13β-ethyl-17α-hydroxygon-4-en-3-one;

(18) 4-hydroxytestosterone (4,17β-dihydroxy-androst-4-en-3-one);

(19) 4-hydroxy-19-nortestosterone (4,17β-dihydroxy-estr-4-en-3-one);

(20) mestanolone (17α-methyl-17β-hydroxy-5α-androstan-3-one);

(21) mesterolone (1α-methyl-17β-hydroxy-[5α]-androstan-3-one);

(22) methandienone (17α-methyl-17β-hydroxyandrost-1,4-dien-3-one);

(23) methandriol (17α-methyl-3β,17β-dihydroxyandrost-5-ene);

(24) methenolone (1-methyl-17β-hydroxy-5α-androst-1-en-3-one);

(25) 17α-methyl-3β, 17β-dihydroxy-5α-androstane;

(26) 17α-methyl-3α,17β-dihydroxy-5α-androstane;

(27) 17α-methyl-3β,17β-dihydroxyandrost-4-ene.

(28) 17α-methyl-4-hydroxynandrolone (17α-methyl-4-hydroxy-17β-hydroxyestr-4-en-3-one);

(29) methyldienolone (17α-methyl-17β-hydroxyestra-4,9(10)-dien-3-one);

(30) methyltrienolone (17α-methyl-17β-hydroxyestra-4,9-11-trien-3-one);

(31) methyltestosterone (17α-methyl-17β-hydroxyandrost-4-en-3-one);

(32) mibolerone (7α,17α-dimethyl-17β-hydroxyestr-4-en-3-one);

(33) 17α-methyl-delta-1-dihydrotestosterone (17β-hydroxy-17α-methyl-5α-androst-1-en-3-one) (a.k.a. "17-α-methyl-1-testosterone");

(34) nandrolone (17β-hydroxyestr-4-en-3-one);

(35) norandrostenediol--

(35-1) 19-nor-4-androstenediol (3β, 17β-dihydroxyestr-4-ene);

(35-2) 19-nor-4-androstenediol (3α, 17β-dihydroxyestr-4-ene);

(35-3) 19-nor-5-androstenediol (3β, 17β-dihydroxyestr-5-ene); and

(35-4) 19-nor-5-androstenediol (3α, 17β-dihydroxyestr-5-ene);

(36) norandrostenedione--

(36-1) 19-nor-4-androstenedione (estr-4-en-3,17-dione); and

(36-2) 19-nor-5-androstenedione (estr-5-en-3,17-dione);

(37) norbolethone (13β,17α-diethyl-17β-hydroxygon-4-en-3-one);

(38) norclostebol (4-chloro-17β-hydroxyestr-4-en-3-one);

(39) norethandrolone (17α-ethyl-17β-hydroxyestr-4-en-3-one);

(40) normethandrolone (17α-methyl-17β-hydroxyestr-4-en-3-one);

(41) oxandrolone (17α-methyl-17β-hydroxy-2-oxa-[5a]-androstan-3-one);

(42) oxymesterone (17α-methyl-4,17β-dihydroxyandrost-4-en-3-one);

(43) oxymetholone (17α-methyl-2-hydroxymethylene-17β-hydroxy-[5α]-androstan-3-one);

(44) stanozolol (17α-methyl-17α-hydroxy-[5α]-androst-2-eno[3,2-c]-pyrazole);

(45) stenbolone (17β-hydroxy-2-methyl-[5α]-androst-1-en-3-one);

(46) testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid lactone);

(47) testosterone (17β-hydroxyandrost-4-en-3-one);

(48) tetrahydrogestrinone (13β,17α-diethyl-17β-hydroxygon-4,9,11-trien-3-one);

(49) trenbolone (17β-hydroxyestr-4,9,11-trien-3-one); and

(50) any salt, ester, or ether of a drug or substance described in this paragraph.

Schedule III hallucinogenic substances

***

Changes to the schedules are designated by an asterisk (*).

TRD-200501796

Cathy Campbell

Director, Legal Services

Department of State Health Services

Filed: May 4, 2005

Texas Department of Insurance

Company Licensing

Application to change the name of EMPLOYERS NATIONAL INSURANCE COMPANY to PALLADIUM INSURANCE COMPANY, a foreign Fire and/or Casualty company. The home office is in Decatur, Georgia.

Application to change the name of BALBOA LLOYDS INSURANCE COMPANY to NEWPORT E&S INSURANCE COMPANY, a foreign Fire and/or Casualty company. The home office is in Irvine, California.

Application to change the name of OMAHA PROPERTY AND CASUALTY INSURANCE COMPANY to BEAZLEY INSURANCE COMPANY, a foreign Fire and/or Casualty company. The home office is in Omaha, Nebraska.

Application for incorporation to the State of Texas by VALLEY BAPTIST INSURANCE COMPANY, a domestic Life, Accident and/or Health company. The home office is in Harlingen, 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-200501790

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: May 4, 2005

Third Party Administrator Applications

The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration.

Application for admission to Texas of CRITERION CLAIM SOLUTIONS, INC., a foreign third party administrator. The home office is OMAHA, NEBRASKA.

Any objections must be filed within 20 days after this notice is published in the Texas Register , addressed to the attention of Matt Ray, MC 107-1A, 333 Guadalupe, Austin, Texas 78701.

TRD-200501795

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: May 4, 2005

Legislative Budget Board

Notice of Request for Proposals

The Legislative Budget Board (LBB) announces the issuance of a Request for Proposals (RFP # HB7.2005.SPR.0011) from qualified, independent firms to provide consulting services to the LBB. The successful respondent will assist the LBB in conducting a management and performance review of La Marque Independent School District (LMISD). The LBB reserves the right, in its sole discretion, to award one or more contracts for this review. The successful respondent(s) will be expected to begin performance of the contract or contracts, if any, on or about June 30, 2005, or as soon thereafter as practical.

Contact: Parties interested in submitting a proposal should contact Bill Parr, Assistant Director, Legislative Budget Board, 1501 N. Congress, Fifth Floor, Austin, Texas 78701, telephone number: (512) 463-1200, to obtain a copy of the RFP. The LBB will mail copies of the RFP only to those specifically requesting a copy. The RFP was made available for pick up at the above-referenced address on May 3, 2005, between 10:00 a.m. and 5:00 p.m., Central Zone Time (CZT), and during normal business hours thereafter. The LBB also made the complete RFP available electronically on the Texas Marketplace at: http://esbd.tbpc.state.tx.us and on the LBB website at http://www.lbb.state.tx.us after 10:00 a.m. CZT, on May 3, 2005.

Questions: All questions regarding the RFP must be sent via facsimile to Bill Parr at (512) 475-2902, not later than 2:00 p.m. CZT, on May 25, 2005. Official responses to questions received by the foregoing deadline will be posted electronically on the Texas Marketplace and the LBB website no later than May 26, 2005, or as soon thereafter as practical.

Mandatory Letters of Intent: All potential respondents must submit non-binding Mandatory Letters of Intent to Propose, which must be received in the issuing office no later than 2:00 p.m. CZT, on May 25, 2005. Only the proposals of those respondents who submit a timely Letter of Intent will be considered.

Closing Date: Proposals must be received in the issuing office at the address specified above no later than 2:00 p.m. CZT, on June 13, 2005. Proposals received after this time and date will not be considered. Respondents shall be solely responsible for confirming the timely receipt of proposals.

Evaluation and Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria and procedures set forth in the RFP. The LBB will make the final decision regarding the award of a contract or contracts. The LBB reserves the right to award one or more contracts under this RFP.

The LBB reserves the right to accept or reject any or all proposals submitted. The LBB is under no legal or other obligation to execute any contracts on the basis of this notice or the distribution of any RFP. The LBB shall not pay for any costs incurred by any entity in responding to this Notice or the RFP.

The anticipated schedule of events is as follows:

Issuance of RFP - May 3, 2005, after 10:00 a.m. CZT;

Questions Due - May 25, 2005, 2:00 p.m. CZT;

Letters of Intent Due - May 25, 2005, 2:00 p.m. CZT;

Official Responses to Questions Posted - May 26, 2005, or as soon thereafter as practical;

Proposals Due - June 13, 2005, 2:00 p.m. CZT;

Contract Execution - June 30, 2005, or as soon thereafter as practical;

Commencement of Project Activities - June 30, 2005, or as soon thereafter as practical.

TRD-200501782

Bill Parr

Assistant Director

Legislative Budget Board

Filed: May 3, 2005

Texas Lottery Commission

Instant Game Number 567 "Junior Break the Bank"

1.0 Name and Style of Game.

A. The name of Instant Game No. 567 is "JUNIOR 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. 567 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 567.

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 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, STACK OF BILLS SYMBOL $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $40.00, $100, $200 and $2,000.

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. 567 - 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. 567 - 1.2E

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

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

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

H. Mid-Tier Prize - A prize of $40.00 or $200.

I. High-Tier Prize - A prize of $2,000.

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 (567), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001and end with 250 within each pack. The format will be: 567-0000001-001.

L. Pack - A pack of "JUNIOR BREAK THE BANK" Instant Game tickets contains 250 tickets, packed in plastic shrink-wrapping and fanfolded in pages of two (2). Tickets 001 and 002 will be on the top page, tickets 003 and 004 on the next page, etc.; and tickets 249 and 250 will be on the last page. Please note the books will be in an A - B configuration.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "JUNIOR BREAK THE BANK" Instant Game No. 567 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 9 (nine) 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 9 (nine) 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 9 (nine) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.;

17. Each of the 9 (nine) 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 non-winning prize symbols on a ticket.

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

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

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

2.3 Procedure for Claiming Prizes.

A. To claim a "JUNIOR BREAK THE BANK" Instant Game prize of $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $40.00, or $200, 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 $200 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 2.3.C of these Game Procedures.

B. To claim a "JUNIOR BREAK THE BANK" Instant Game prize of $2,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery’s Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "JUNIOR 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 Resource Code;

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

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

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

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "JUNIOR 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 "JUNIOR 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 15,120,000 tickets in the Instant Game No. 567. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 567 - 4.0

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

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. 567 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. 567, 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-200501763

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: May 2, 2005

Instant Game Number 598 "Lucky 7’s Bingo"

1.0 Name and Style of Game.

A. The name of Instant Game No. 598 is "LUCKY 7’s BINGO". The play style is "bingo with prize legend".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 598 shall be $7.00 per ticket.

1.2 Definitions in Instant Game No. 598.

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, and FREE.

Figure 1: GAME NO. 598 - 1.2D

Figure 2: GAME NO. 598 - 1.2E

G. Low-Tier Prize - A prize of $7.00, $10.00, $17.00 or $20.00.

H. Mid-Tier Prize - A prize of $30.00, $50.00, $77.00, $100, or $500.

I. High-Tier Prize - A prize of $777, $7,777, $20,000 or $77,777.

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (598), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 75 within each pack. The format will be: 598-0000001-001.

L. Pack - A pack of "LUCKY 7’s BINGO" 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.

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "LUCKY 7’s BINGO" Instant Game No. 598 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 7’s BINGO" Instant Game is determined once the latex on the ticket is scratched off to expose 190 (one hundred ninety) play symbols. The player must scratch off the CALLER’S CARD area to reveal 40 (forty) Bingo Numbers. The player must mark all the BINGO NUMBERS on Cards 1 through 6 that match the Bingo Numbers on the Caller’s Card. Each card has a corresponding prize legend. Players win by matching those same numbers on the six Player’s Cards. If the player finds a diagonal, vertical or horizontal straight line, the four corners of the grid, an X pattern or "7" 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. If the player matches all bingo numbers plus Free Space to make a complete "7" pattern in any one card the player wins prize according to the legend of the respective playing card.. The player can win up to six 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 190 (one hundred ninety) 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 190 (one hundred ninety) 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 190 (one hundred ninety) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 190 (one hundred ninety) 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. A ticket will win as indicated by the prize structure.

B. A ticket can win up to six times.

C. There will never be more than one win on a single Player’s Card.

D. No duplicate numbers will appear on the Caller’s Card.

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

F. Each Caller’s Card Numbers will have a minimum of seven (7) and a maximum of nine (9) numbers from 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.

2.3 Procedure for Claiming Prizes.

A. To claim a "LUCKY 7’s BINGO" Instant Game prize of $7.00, $10.00, $17.00, $20.00, $30.00, $50.00, $77.00, $100, $200 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, $77.00, $100, $200 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 "LUCKY 7’s BINGO" Instant Game prize of $777, $7,777, $20,000 or $77,777, 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 7’s 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.