TITLE in-addition

Department of Aging and Disability Services

Notice of Public Hearing

Strategic Plan for inclusion in the Texas Health and Human Services Enterprise (HHS) Strategic Plan for fiscal years (FYs) 2007 - 2011. The Department of Aging and Disability Services (DADS) will hold a public hearing to receive comments on the agency's Strategic Plan at the Winters Building Public Hearing Room, 701 W. 51st Street, Austin, Travis County, Texas 78751 at 4:00 p.m. on May 3, 2006. The public hearing will provide an opportunity for interested parties to comment on the content of the Plan. For the reader's convenience, the agency's Strategic Plan for FYs 2007 - 2011 may be downloaded at the following web site: http://www.dads.state.tx.us/strategicplan/.

The major sections of the DADS Strategic Plan address the agency's Challenges and Opportunities, Current Activities by Goal (Service Descriptions, Target Populations, and Trends and Initiatives), Internal Assessment, and Strategic Priorities.

Questions, requests for additional information, or a copy of the Plan may be directed to Nellie Nixon at the Department of Aging and Disability Services, P. O. Box 149030, M.C. W235, Austin, Texas 78714, (512) 438-5797; or nellie.nixon@dads.state.tx.us.

Persons who are unable to attend the hearing may submit their views in writing to DADS by 5:00 p.m. on May 3, 2006 to Nellie Nixon or via the below web site:

http://www.dads.state.tx.us/strategicplan/

Persons requiring an interpreter for the deaf or hearing impaired should contact Nellie Nixon, at least 72 hours prior to the hearing at (512) 438-5634 or TDD (512) 424-3250.

TRD-200601836

Phoebe Knauer

General Counsel

Department of Aging and Disability Services

Filed: March 27, 2006


Texas Department of Agriculture

Notice of Ethanol Content

The Texas Department of Agriculture (the department) is publishing the following guidelines for posting notice of sale of motor fuel mixtures that contain up to and including 10% ethanol by volume. It is the intent of the department to provide these guidelines to encourage a greater consistency in the design of signs used by the regulated public to display ethanol mixture information on retail motor fuel pumps where the fuel offered for sale contains up to 10% ethanol by volume. The department has determined that these guidelines will provide for a greater understanding by the general public of the ethanol contents of the fuel they purchase. Compliance with these guidelines is voluntary.

Consistent with the requirements of Vernon's Texas Civil Statutes, Art. 8614, Sec. 3 (b)(1), the department recommends that signs used to post notice of sale of motor fuel mixtures that contain up to and including 10% ethanol by volume should be prominently displayed on each face of the motor fuel pump on which the price of the motor fuel mixture sold from the pump is displayed and should resemble the graphic below. In addition, the department recommends that the signs should be constructed of a durable, weather resistant white material that measures three inches in height and six inches in width and includes the statement "CONTAINS UP TO 10% ETHANOL" in black upper case block letters one-half inch in height and one-fourth inch in width.

Figure: 176 - Notice of Ethanol Content

These guidelines are not mandatory and should only be considered as recommendations for the regulated public to follow to achieve greater consistency in signs used to post notice of sale of motor fuel mixtures that contain up to and including 10% ethanol by volume on retail motor fuel pumps. The regulated public may choose to post notice of sale of motor fuel mixtures that contain up to and including 10% ethanol by volume in a manner other than recommended by the department, provided the notice meets the requirements of Vernon's Texas Civil Statutes, Art. 8614.

For further information regarding this notice, contact Joe Benavides, Coordinator for Weights and Measures, at (512) 463-7401.

TRD-200601772

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Filed: March 23, 2006


Department of Assistive and Rehabilitative Services

Notice of Public Hearing for DARS Maximum Allowable Payment Schedule (MAPS), to be Effective May 1, 2006

The Department of Assistive and Rehabilitative Services (DARS) will hold a public hearing from 1:30 p.m. to 3:30 p.m. on Monday, April 24, 2006, in Conference Room 120 of the DARS Administration Building at 4800 North Lamar Boulevard in Austin, Texas, to receive public comments on the proposed FY 2006-2007 Maximum Allowable Payment Schedule (MAPS) rates used for the purchase of medical and medical-related services. The proposed implementation date for the new MAPS rates is May 1, 2006.

The schedule of proposed rates may be viewed or copies may be obtained by calling Stuart McPhail with DARS at (512) 424-4144 or visiting DARS at the Brown Heatly Building at 4900 North Lamar; Austin, Texas 78751.

Written comments on the proposed rates may be submitted to Stuart McPhail, Department of Assistive and Rehabilitative Services, 4900 North Lamar Boulevard, Austin, Texas 78751.

TRD-200601867

Sylvia F. Hardman

Deputy Commissioner for Legal Services

Department of Assistive and Rehabilitative Services

Filed: March 29, 2006


Texas Building and Procurement Commission

Request for Proposals

The Texas Building and Procurement Commission (TBPC), on behalf of the Office of the Attorney General (OAG), announces the issuance of Request for Proposals (RFP) #303-6-11170. TBPC seeks a 10-year lease of approximately 104,562 square feet of office space in the Austin area, Travis County, Texas.

The deadline for questions is April 14, 2006; and the deadline for proposals is April 28, 2006 at 3:00 P.M. The award date is June 1, 2006. TBPC reserves the right to accept or reject any or all proposals submitted. TBPC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of an RFP. Neither this notice nor the RFP commits TBPC to pay for any costs incurred prior to the award of a grant.

Parties interested in submitting a proposal may obtain information by contacting TBPC Purchaser Myra Beer at (512) 463-5773. A copy of the revised RFP may be downloaded from the Electronic State Business Daily at http://esbd.tbpc.state.tx.us/1380/bid_show.cfm?bidid=63997.

TRD-200601776

Ingrid K. Hansen

General Counsel

Texas Building and Procurement Commission

Filed: March 23, 2006


Request for Proposals

The Texas Building and Procurement Commission (TBPC), on behalf of the Department of Assistive and Rehabilitative Services (DARS), announces the issuance of Request for Proposals (RFP) #303-6-11139. TBPC seeks a 5-10 year lease of approximately 8,124 square feet of office space in Tyler, Smith County, Texas.

The deadline for questions is April 10, 2006 and the deadline for proposals is April 20, 2006 at 3:00 P.M. The award date is May 1, 2006. TBPC reserves the right to accept or reject any or all proposals submitted. TBPC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits TBPC to pay for any costs incurred prior to the award of a grant.

Parties interested in submitting a proposal may obtain information by contacting TBPC Purchaser Myra Beer at (512) 463-5773. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.tbpc.state.tx.us/1380/bid_show.cfm?bidid=64003.

TRD-200601758

Ingrid K. Hansen

General Counsel

Texas Building and Procurement Commission

Filed: March 22, 2006


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 March 17, 2006, through March 23, 2006. 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 March 29, 2006. The public comment period for these projects will close at 5:00 p.m. on April 28, 2006.

FEDERAL AGENCY ACTIONS:

Applicant: National Onshore LP ; Location: The project is located in Galveston Bay, approximately 2 miles east of San Leon, in State Tract (ST) 329, Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Texas City, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15: Pipeline Segment Begins at Easting: 317638.840; Northing: 3261115.932, Pipeline Segment Ends at Easting: 315747.281; Northing: 3260790.730. Project Description: National Onshore LP requests to amend Department of the Army Permit 23974 to lay and maintain a pipeline up to 6 inches in diameter from Station 28+02 to Station 93+44. The total distance of the proposed pipeline is approximately 6,542 linear feet. Approximately 3,900 cubic yards of material would be moved during pipeline construction. The pipeline would be buried a minimum of 3 feet by jetting/trenching. CCC Project No.: 06-0212-F1; Type of Application: U.S.A.C.E. permit application #23974(01) is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Railroad Commission under §401 of the Clean Water Act.

Applicant: Davis Petroleum Corporation ; Location: The project is located approximately 3 miles southeast of San Leon, in Galveston Bay, State Tract (ST) 311, Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Port Bolivar, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 318658; Northing: 3262166. Project Description: The applicant proposes to drill a well in search for oil and gas, install and maintain a production platform, well platform, well pad and lay a flow line from the well to the production platform in ST 311, Galveston Bay, Galveston County, Texas. CCC Project No.: 06-0219-F1; Type of Application: U.S.A.C.E. permit application #24110 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: Texas Department of Transportation ; Location: The project is located at the crossing on State Highway (SH) 361 over a section of Redfish Bay, approximately 4.28 miles east of the San Patricio County line and approximately 2 miles west of Port Aransas, in Nueces County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Port Aransas, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 688950; Northing: 3083250. Project Description: The Texas Department of Transportation (TxDOT) proposes to replace a crossing over Redfish Bay (Redfish Bay Relief Bridge) on SH 361 with a 46-foot-wide crossing with two 12-foot travel lanes and two 10-foot shoulders that would cover an area of 1.58 acres. The new crossing would be constructed to the southwest of the existing structure at a maximum offset of 120 feet from the west side of the existing bridge to the proposed east side of the new structure. Crossing approaches from SH 361 would be realigned, and approximately 0.03 acres of jurisdictional wetlands would be impacted by the proposed south side approach for the new crossing. Vehicle traffic would continue to use the existing crossing while construction of the new crossing is underway. A temporary platform would be installed for construction access to minimize the placement of temporary fill into the water during construction. This temporary platform would cover an area of approximately 1.70 acres and would be in place for up to 18 months. The platform includes modular sections supported by 24-inch round steel columns at each corner which would be installed by diesel impact hammers or vibratory hammers. Following construction of the new crossing, the temporary platform and all the steel support columns would be removed. Removal of the existing crossing structure would occur on a span by span basis working from the existing structure within 24 months of the completion of the new structure. Beams and slabs of the existing structure would be disassembled into manageable pieces and transported off-site for disposal or recycling. The footings of the existing structure would be removed to 2 feet below the mud line. Best management practices (BMP's) would be utilized throughout the project to minimize turbidity and protect water quality. BMP's may include sediment control fencing, rock filter dams, temporary vegetation and vegetation filter strips. Permanent impacts to the 0.03 acres of wetlands would be mitigated at the existing crossing abutment on the north side. The existing abutment and upland areas above the mean high water line would be excavated to an appropriate elevation to encourage natural revegetation of jurisdictional wetlands. The mitigation site would measure 50 by 90 feet and would create an area of 0.10 acre of wetlands. A survey of the mitigation site would be performed the first full growing season following the completion of the crossing construction. This survey would include photo documentation and identification and percent cover of wetland vegetation. If 70 percent cover of wetland plant species is not achieved, the applicant will coordinate with the U.S. Army Corps of Engineers (Corps) and perform the appropriate corrective action. The proposed work would temporarily impact 0.31 acre of wetlands (includes both salt marshes and mangroves), 0.67 acre of oysters, and 1.77 acre of seagrasses. Temporary impacts could result from shading, increased turbidity, decreased water quality, and disturbances to the benthic substrate. A pre-construction survey to establish baseline environmental conditions would be conducted prior to the state of construction. Post-construction monitoring surveys would be conducted to evaluate the recovery of affected resources from the construction of the new crossing, and would consist of one survey per year for two consecutive years after the crossing replacement. The first survey would occur after the first full growing season. Each year's survey would be conducted between June 1 and July 31 utilizing the same protocol as the pre-construction surveys. If any jurisdictional habitat area has not recovered from construction impacts, the applicant would consider these resources to be permanently impacted and would coordinate with the Corps and perform the appropriate corrective action. CCC Project No.: 06-0222-F1; Type of Application: U.S.A.C.E. permit application #24093 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality under §401 of the Clean Water Act.

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

Further information on the applications listed above may be obtained from Ms. Tammy Brooks, Program Specialist, Coastal Coordination Council, P.O. Box 12873, Austin, Texas 78711-2873, or tammy.brooks@glo.state.tx.us. Comments should be sent to Ms. Brooks at the above address or by fax at (512) 475-0680.

TRD-200601817

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: March 27, 2006


Notice of Action on Concurrence with Federal Consistency Determination 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.

The Texas General Land Office received the federal consistency determination issued by the National Oceanic and Atmospheric Administration (NOAA) on February 1, 2006, for designation of Mission-Aransas estuary as a National Estuarine Research Reserve (NERR). NOAA's Federal consistency determination was made pursuant to the Coastal Zone Management Act 16 U.S.C. §1456(c)(1)(A) and 15 CFR §921.4(b) which provide that designation of a NERR is deemed to be a Federal activity, which, if directly affecting the state's coastal zone, must be undertaken in a manner consistent to the maximum extent practicable with the approved state coastal management program.

NOAA's federal consistency determination was referred to the Coastal Coordination Council (Council) which administers the CMP pursuant to the Coastal Coordination Act (Tex. Nat. Res. Code §§33.201 - 33.212). The federal consistency determination states that research, education, and stewardship programs of the proposed NERR support the goals and policies within the CMP by addressing the need to understand, conserve, and manage the state's Coastal Natural Resource Areas (CNRAs), by increasing understanding of the physical nature of CNRAs for the purpose of increasing awareness and stewardship of coastal resources and minimizing future impacts of human activities to these areas.

As required by federal law, the public was given an opportunity to comment on NOAA's federal consistency determination. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for this consistency determination extended 30 days from the date published on the Council's web site. The notice was published on the web site on February 8, 2006. The public comment period for this consistency determination closed on March 10, 2006.

The Council reviewed the federal consistency determination by NOAA at its meeting on March 16, 2006, and voted unanimously to concur with NOAA's determination that designation of the proposed Mission-Aransas NERR will have beneficial coastal effects and will be carried out in a manner that is, to the maximum extent practicable, consistent with the enforceable policies of the approved CMP and the affected CNRAs designated therein.

TRD-200601818

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: March 27, 2006


Comptroller of Public Accounts

Notice of Request for Proposals

Pursuant to Sections 403.011, 2155.001, and 2156.121, Texas Government Code, and Chapter 54, Subchapter F, Sections 54.602, 54.611- 618, and 54.636, Texas Education Code, the Comptroller of Public Accounts (Comptroller), on behalf of the Texas Prepaid Higher Education Tuition Board (Board), announces the issuance of its Request for Proposals (RFP #175o) for International Value Equity Investment Management Services ("Services") for the Board. The selected respondent will assist the Comptroller and the Board by providing the Services consistent with the Board's Investment Policy and Guidelines related to the Texas Tomorrow Constitutional Trust Fund ("Fund"), as described in this RFP and the contract, if any resulting from it ("Contract"). This RFP relates to the Board's portfolio of investment assets for its prepaid tuition plan, which is designed to comply with Section 529 of the Internal Revenue Code. The prepaid tuition plan currently has approximately $1.6 billion dollars in invested assets. The Comptroller, as Chair and Executive Director of the Board, is issuing this RFP in order that the Board may move forward with retaining the necessary Services. The Comptroller and the Board reserve the right to award more than one contract under the RFP. If approved by the Board, the successful respondent(s) will be expected to begin performance of the contract on or about June 1, 2006.

Contact: Parties interested in submitting a proposal should contact William Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., Room G-24, Austin, Texas 78774, (512) 305-8673, to obtain a complete copy of the RFP. The Comptroller will mail copies of the RFP only to those parties specifically requesting a copy. The RFP will be available for pick-up at the above referenced address on Friday, April 7, 2006, after 10 a.m. Central Zone Time (CZT), and during normal business hours thereafter. The Comptroller will also make the entire RFP available electronically on the Electronic State Business Daily after 10:00 a.m. CZT on Friday, April 7, 2006. The website address is http://esbd.tbpc.state.tx.us/1380/sagency.cfm.

Questions and Non-Mandatory Letters of Intent: All written inquiries, questions, and non-mandatory Letters of Intent to propose must be received at the above-referenced address not later than 2:00 p.m. (CZT) on Friday, April 21, 2006. Prospective respondents are encouraged to fax non-mandatory Letters of Intent and Questions to (512) 475-0973 to ensure timely receipt. The Letter of Intent must be addressed to William Clay Harris, Assistant General Counsel, Contracts, and must contain the information as stated in the corresponding Section of the RFP and be signed by an official of that entity. Non-mandatory Letters of Intent and Questions received after this time and date will not be considered. On or before Tuesday, April 25, 2006, the Comptroller expects to post responses to questions as a revision to the Electronic State Business Daily notice on the issuance of this RFP. Respondents shall be solely responsible for confirming the timely receipt of Non-Mandatory Letters of Intent and Questions in the Issuing Office.

Closing Date: Proposals must be delivered to the Office of the Assistant General Counsel, Contracts, at the location specified above (ROOM G24), no later than 2:00 p.m. (CZT), on Tuesday, May 2, 2006. Proposals received in ROOM G24 after this time and date will not be considered regardless of the reason for the late delivery and receipt. Respondents are encouraged to and solely responsible for verifying timely receipt of proposals in that office (ROOM G24).

Evaluation Criteria: Proposals will be evaluated under the evaluation criteria outlined in the RFP. The Board shall make the final decision on any contract award or awards resulting from this RFP. The Comptroller and the Board each reserve the right, in their sole discretion, to accept or reject any or all proposals submitted. The Comptroller and the Board are not obligated to execute any contracts on the basis of this notice or the distribution of any RFP. The Comptroller and the Board shall not pay for any costs incurred by any entity in responding to this notice or the RFP.

The anticipated schedule of events pertaining to this solicitation is as follows: Issuance of RFP - April 7, 2006, after 10:00 a.m. CZT; Non-Mandatory Letters of Intent to propose and Questions Due - April 21, 2006, 2:00 p.m. CZT; Official Responses to Questions posted - April 25, 2006; Proposals Due - May 2, 2006, 2:00 p.m. CZT; Contract Execution - June 1, 2006, or as soon thereafter as practical; Commencement of Project Activities - June 1, 2006, or as soon thereafter as practical.

TRD-200601876

Pamela Smith

Deputy General Counsel, Contracts

Comptroller of Public Accounts

Filed: March 29, 2006


Request for Proposals

Pursuant to Chapters 403 and 404, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces the issuance of its Request for Proposals (RFP) from qualified financial institutions to provide the Comptroller with Automated Clearing House (ACH) Services as described in the RFP. The successful respondent(s) will be expected to begin performance of the contract on or about September 1, 2006.

Contact: Parties interested in submitting a proposal should contact Thomas H. Hill, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., ROOM G-24, Austin, Texas 78774, telephone number: (512) 305-8673, to obtain a copy of the RFP. The 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 Friday, April 7, 2006, after 10:00 a.m., Central Zone Time (CZT), and during normal business hours thereafter. The Comptroller will also make the RFP available electronically on the Electronic State Business Daily after 10:00 a.m. (CZT), on Friday, April 7, 2006.

Questions: All questions concerning the RFP must be in writing and submitted no later than Wednesday, April 19, 2006, 2:00 p.m. (CZT). Questions must be faxed to (512) 475-0973 or e-mailed to contracts@cpa.state.tx.us, Attn.: Thomas H. Hill, Assistant General Counsel, Contracts. On or before Thursday, April 27, 2006, the Comptroller expects to post answers to these written questions as a revision to the Electronic State Business Daily notice on the issuance of this RFP. The address of the Electronic State Business Daily is http://esbd.tbpc.state.tx.us/1380/sagency.cfm. Respondents shall be solely responsible for confirming the timely receipt of Non-Mandatory Letters of Intent and Questions in the Issuing Office.

Closing Date: Proposals must be received in Deputy General Counsel for Contracts' Office at the location specified above (ROOM G-24) no later than 2:00 p.m. (CZT), on Friday, May 12, 2006. Proposals received in ROOM G-24 after this time and date will not be considered. Respondents shall be solely responsible for verifying timely receipt of proposals and all required copies in the Issuing Office by the deadline.

Evaluation and Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria and procedures set forth in the RFP. The Comptroller will make the final decision.

The Comptroller reserves the right to accept or reject any or all proposals submitted. The Comptroller of Public Accounts is under no legal or other obligation to execute a contract on the basis of this notice or the distribution of any RFP. The Comptroller shall pay for no costs incurred by any entity in responding to this Notice or the RFP.

The anticipated schedule of events is as follows: Issuance of RFP - April 7, 2006, 10:00 a.m. CZT; Non-Mandatory Letters of Intent and Questions Due - April 19, 2006, 2:00 p.m. CZT; Proposals Due - May 12, 2006, 2:00 p.m. CZT; Contract Execution - June 23, 2006, or as soon thereafter as practical; Transition, if any, to begin on June 26, 2006, or as soon thereafter as practical for commencement of Project Activities - September 1, 2006.

TRD-200601859

Pamela Smith

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: March 28, 2006


Request for Proposals

Pursuant to Chapter 2254, Subchapter B, Chapter 403, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces this notice of intent to amend and increase a major consulting services contract in connection with the Request for Proposals (RFP #174a) for pooled consulting services to assist the Comptroller with Appraisal Standards Reviews of Selected County Appraisal Districts.

Comptroller announces that the consulting contract with AMF Appraisal Group, Inc., 402 Simonton, Suite 100, Conroe, Texas 77301, with a total amount of not-to-exceed $40,000.00 is amended to a new total not-to-exceed $80,000.00. The term of the contract is November 16, 2005 through August 31, 2006. This amendment does not extend or modify the term of the contract.

The notice of request for proposals (RFP #174a) was published in the September 9, 2005, issue of the Texas Register (30 TexReg 5847). The notice of award was published in the December 24, 2005, issue of the Texas Register . All final reports are due on or before August 31, 2006.

TRD-200601887

Pamela Smith

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: March 29, 2006


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.005, and 303.009, Tex. Fin. Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 04/03/06 - 04/09/06 is 18% for Consumer 1 /Agricultural/Commercial 2 credit thru $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 04/03/06 - 04/09/06 is 18% for Commercial over $250,000.

The monthly ceiling as prescribed by §303.005 3 for the period of 04/01/06 - 04/30/06 is 18% for Consumer/Agricultural/Commercial credit thru $250,000.

The monthly ceiling as prescribed by §303.005 for the period of 04/01/06 - 04/30/06 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.

3 For variable rate commercial transactions only.

TRD-200601840

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: March 28, 2006


Texas Commission on Environmental Quality

Correction of Error

The Texas Commission on Environmental Quality adopted 30 TAC §91.30, concerning definitions. The adoption notice appeared in the March 24, 2006, issue of the Texas Register (31 TexReg 2485).

On page 2490, paragraph (4), the dash was omitted between the term "FutureGen Project" and the definition text.

TRD-200601886


Correction of Errors

The Texas Commission on Environmental Quality adopted new, amendments, and the repeal of rules, concerning Chapter 330, Municipal Solid Waste. The adoption notice was published in the March 24, 2006, issue of the Texas Register (31 TexReg 2502). Please note the following corrections to the adopted rule package. The Texas Administrative Code will reflect these corrections.

On page 2601, a submission error was made in §330.5(a)(2), in the third sentence. The cross-reference to "Subchapter N of this chapter (relating to Landfill Mining);'' should be deleted.

On page 2601, a submission error was made in §330.5(a)(7), in the second sentence. The cross-reference to "§330.9(h)'' should be "330.9(k)''.

On page 2602, a submission error was made in §330.5(d) in the last sentence. The cross-reference to "Subchapter L'' should be "Subchapter K''.

On page 2605, a submission error was made in §330.9(b)(4). The cross-reference to "§330.5(c)'' should be "§330.5(a)''.

On page 2606, a submission error was made in §330.9(h) in the third sentence. The cross-reference to "330.63(a), (d)(7), (h), and (j)'' should be "330.63(a), (d)(6), (h), and (j)''.

On pages 2606 and 2607, submission errors were made in §330.9(l)(2) and (3). In both paragraphs the cross-reference to "§330.1211(m)'' should be "§330.1211(l)''.

On page 2607, a submission error was made in §330.9(l)(5). The cross-reference to "§330.1211(n)'' should be "§330.1211(m)''.

On page 2607, a submission error was made in §330.9(m)(2). The cross-reference to "§330.1221(k)'' should be "§330.1221(l)''.

On page 2607, a submission error was made in §330.9(m)(5). The cross-reference to "§330.1221(l)'' should be "§330.1221(m)''.

On page 2625, a submission error was made in §330.63(f)(7) in the first sentence. The cross-reference to "§330.419'' should be "§330.409''.

On page 2626, a submission error was made in §330.71(b). The cross-reference to "subsections (e) and (f)'' should be "subsection (f)''.

On page 2635, a submission error was made in §330.171(c)(3)(I). The cross-reference to "§330.137(g) - (i) of this title (relating to Site Sign)'' should be "§330.173(g) - (i) of this title (relating to Disposal of Industrial Wastes)''.

On page 2636, a submission error was made in §330.173(c) in the last sentence. The cross-reference to "subsections (g) - (i)'' should be "subsections (g) and (h)''.

On page 2651, a submission error was made in §330.407(b)(1). The cross-reference to "paragraph (2) of this subsection'' should be "paragraphs (2) and (3) of this subsection''.

On page 2654, a submission error was made in §330.415(f)(2) in the first sentence. The cross-reference to "§330.405(f)'' should be "§330.405(e) and (f)''.

TRD-200601885


Enforcement Orders

An order was entered regarding J.M. Craven dba Craven Truck Center, Docket No. 2004-0539-PST-E on 03/24/2006.

Information concerning any aspect of this order may be obtained by contacting Judy Kluge, Enforcement Coordinator at (817) 588-5825, Texas Commission on Environmental Quality, P. O. Box 13087, Austin, Texas 78711-3087.

An default order was entered regarding Mark Stewart dba Stewart Water, Docket No. 2005-0073-PWS-E on 03/23/2006 assessing $2,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Courtney St. Julian, Staff Attorney at (512) 239-0617, Texas Commission on Environmental Quality, P. O. Box 13087, Austin, Texas 78711-3087.

TRD-200601871

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 29, 2006


Notice of 2006 Update to the State Superfund Registry

The Texas Commission on Environmental Quality, formerly known as the Texas Natural Resource Conservation Commission (commission or TCEQ) is required under the Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361 (the Act) to identify, to the extent feasible, and evaluate facilities which may constitute an imminent and substantial endangerment to public health and safety or to the environment due to a release or threatened release of hazardous substances into the environment. The first registry identifying these sites was published in the January 16, 1987, issue of the Texas Register (12 TexReg 205). In accordance with the Act, §361.181, the commission must update the state Superfund registry annually to add new facilities in accordance with the Act, §361.184(a) and §361.188(a)(1) (see also 30 TAC §335.343) or to delete facilities in accordance with the Act, §361.189 (see also 30 TAC §335.344). The current notice also includes facilities where state Superfund action has ended, or where cleanup is being adequately addressed by other means.

Pursuant to the Act, §361.188, the state Superfund registry identifying those facilities that are listed and have been determined to pose an imminent and substantial endangerment in descending order of hazard ranking system (HRS) scores are as follows.

Col-Tex Refinery. Located on both sides of Business Interstate 20 (U. S. 80) in Colorado City, Mitchell County: tank farm and refinery.

J.C. Pennco Waste Oil Service. Located at 4927 Higdon Road, San Antonio, Bexar County: waste oil and used drum recycling.

Precision Machine and Supply. Located at 500 West Olive Street, Odessa, Ector County: chrome plating and machine shop.

Sonics International, Inc. Located north of Farm Road 101, approximately two miles west of Ranger, Eastland County: industrial waste injection wells.

Maintech International. Located at 8300 Old Ferry Road, Port Arthur, Jefferson County: chemical cleaning and equipment hydroblasting.

Federated Metals. Located at 9200 Market Street, Houston, Harris County: magnesium dross/sludge disposal, inactive landfill.

Niagara Chemical. Located west of the intersection of Commerce Street and Adams Avenue, Harlingen, Cameron County: pesticide formulation.

International Creosoting. Located at 1110 Pine Street, Beaumont, Jefferson County: wood treatment.

McBay Oil & Gas. Located approximately three miles northwest of Grapeland on Farm Road 1272, Houston County: oil refinery and oil reclamation plant.

Materials Recovery Enterprises. Located about four miles southwest of Ovalo, near U. S. 83 and Farm Road 604, Taylor County: Class 1 industrial waste management.

Toups. Located on the west side of Texas 326, 2.1 miles north of its intersection with Texas 105, in Sour Lake, Hardin County: fence post treating facility and municipal waste.

Harris Sand Pits. Located at 23340 South Texas 16, approximately 10.5 miles south of San Antonio at Von Ormy, Bexar County: commercial sand and clay pit.

JCS Company. Located north of Phalba on County Road 2415, approximately 1.5 miles west of the intersection of County Road 2403 and Texas 198, Van Zandt County: lead-acid battery recycling.

Jerrell B. Thompson Battery. Located north of Phalba on County Road 2410, approximately one mile north of the intersection of County Road 2410 and Texas 198, Van Zandt County: lead acid battery recycling.

Hayes-Sammons Warehouse. Located at Miller Avenue and East Eighth Street, Mission, Hidalgo County: commercial grade pesticide storage.

Jensen Drive Scrap. Located at 3603 Jensen Drive, Houston, Harris County: scrap salvage.

State Highway 123 PCE Plume. Located near the intersection of State Highway 123 and Interstate Highway 35 (IH-35) in San Marcos, Hays County: contaminated groundwater plume.

Baldwin Waste Oil Company. Located on County Road 44 approximately 0.1 mile west of its intersection with Farm Road 1889, Robstown, Nueces County: waste oil processing.

Hall Street. Located north of the intersection of 20th Street East and California Street, north of the Dickinson city limits, Galveston County: waste disposal and landfill/open field dumping.

Unnamed Plating. Located at 6816 - 6824 Industrial Avenue, El Paso, El Paso County: metals processing and recovery.

Tricon America, Inc. Located at 101 East Hampton Road, Crowley, Tarrant County: aluminum and zinc smelting and casting.

Pursuant to the Act, §361.181, those facilities that may pose an imminent and substantial endangerment, and which have been proposed to the state Superfund registry, are set out in descending order of hazard ranking system (HRS) scores as follows.

Kingsland. Located in the vicinity of the 2100 and 2400 blocks of Farm-to-Market Road 1431, in the community of Kingsland, Llano County: two groundwater plumes.

First Quality Cylinders. Located at 931 West Laurel Street, San Antonio, Bexar County: aircraft cylinder rebuilder.

Rogers Delinted Cottonseed - Colorado City. Located near the intersection of Interstate Highway 20 and State Highway 208 in Colorado City, Mitchell County: former cottonseed delinting, processing.

ArChem Thames/Chelsea. Located at 13013 Conklin Lane, Houston, Harris County: chemical manufacturing and recycling.

Hicks Field Sewer Corporation. Located approximately 2.5 miles northwest of Saginaw, southwest of Big Fossil Creek, and approximately 1.8 miles west of the intersection of U. S. Highway 81-287 and Farm-to-Market Road 156, Tarrant County: former sewage treatment facility.

Industrial Road/Industrial Metals. Located at 3000 Agnes Street, Corpus Christi, Nueces County: lead acid battery recycling and copper coil salvage.

Tenaha Wood Treating. Located at 275 County Road 4382, about 1-1/2 miles south of the city limits and near the intersection of U. S. Highway 96 and County Road 4382, Tenaha, Shelby County: wood treatment.

Poly-Cycle Industries, Inc., Tecula. Located northeast of Tecula on the southeast corner of the intersection of Farm-to-Market Road 2064 and County Road 4216, Cherokee County: lead acid battery recycling.

Sherman Foundry. Located at 532 East King Street in south central Sherman, Grayson County: cast iron foundry.

James Barr Facility. Located in the 3300 block of Industrial Road, Pearland, Brazoria County: vacuum truck waste storage facility.

Pioneer Oil and Refining Company. Located at 20280 South Payne Road, outside of Somerset, Bexar County: oil refinery.

Voda Petroleum, Inc. Located at 211 Duncan Street, Clarksville City, Gregg County: waste oil recycling facility.

Force Road Oil and Vacuum Truck Company. Located at 1722 County Road 573 (Alloy Road), approximately 1,300 feet east of the Brazoria-Fort Bend county line, Brazoria County: oily wastewater disposal and oil recovery facility.

Marshall Wood Preserving. Located at 2700 West Houston Street, Marshall, Harrison County: wood treatment.

Avinger Development Company (ADCO). Located on the south side of Texas 155, approximately 1/4 mile east of the intersection with Texas 49, Avinger, Cass County: wood treatment.

Harvey Industries, Inc. Located at the southeast corner of Farm Road 2495 and Texas 31 (One Curtis Mathes Drive), Athens, Henderson County: television cabinets and circuit board manufacturing.

Hu-Mar Chemicals. Located north of McGothlin Road, between the old Southern Pacific Railroad tracks and 12th Street, Palacios, Matagorda County: pesticide and herbicide formulation.

American Zinc. Located approximately 3.5 miles north of Dumas on U. S. 287 and five miles east on Farm Road 119, Moore County: zinc smelter.

El Paso Plating Works. Located at 2422 Wyoming Avenue, El Paso, El Paso County: metal plating.

Ballard Pits. Located at the end of Ballard Lane, west of its intersection with County Road 73, approximately 5.8 miles north of Robstown in Nueces County: storage and disposal of hazardous substances.

Cass County Wood Treating. Located at 304 Hall Street within the southeastern city limits of Linden, Cass County: wood treatment.

Cox Road Dump Site. Located on the west side of County Road 491 (Cox Road) about one mile north of FM 1413 in Dayton, Liberty County: waste disposal landfill.

Spector Salvage Yard. Located at Jackson Avenue and Tenth Street, Orange, Orange County: military surplus and chemical salvage yard.

San Angelo Electric Service Company (SESCO). Located at 926 Pulliam Street in a residential area of northeastern San Angelo, Tom Green County: electric transformer recycling.

Tucker Oil Refinery/Clinton Manges Oil & Refining Company. Located on the east side of U.S. Highway 79 in the rural community of Tucker, Anderson County: oil refinery.

Rogers Delinted Cottonseed Co. - Farmersville. Located at the intersection of State Highway 380 and Farm-to-Market Road 547, approximately one mile east of Farmersville, Collin County: former cottonseed delinting processing facility.

Dorchester Refining Company. Located in the 1700 block of West First Street on the west border of the city of Mount Pleasant, Titus County: oil refinery.

Bailey Metal Processors, Inc. Located one mile northwest of Brady on Highway 87, McCulloch County: scrap metal dealer, primarily conducting copper and lead reclamation.

City View Road Groundwater Plume. Located northwest of the intersection of Interstate Highway 20 and State Highway 158 in Midland County: groundwater contamination plume.

Mineral Wool Insulation Manufacturing Company. Located on Shaw Road at the northwest corner of the city limits of Rogers, Bell County: mineral wool manufacturing.

Poly-Cycle Industries, Jacksonville. Located at 2505 South Jackson Street, Jacksonville, Cherokee County: lead acid battery chips recycler and lead recovery.

Since the last Texas Register publication on April 29, 2005 (30 TexReg 2583), the TCEQ has determined that ten facilities may pose an imminent and substantial endangerment to public health and safety or the environment and in accordance with the Act, §361.184(a), have been added to the list of sites proposed to the state Superfund registry.

Ballard Pits.

Cass County Wood Treating.

City View Road Groundwater Plume.

Cox Road Dump Site.

Dorchester Refining Company.

Mineral Wool Insulation Manufacturing Company.

Rogers Delinted Cottonseed - Colorado City.

San Angelo Electric Service Company (SESCO).

Sherman Foundry.

Tenaha Wood Treating.

Also, the TCEQ has determined that two sites, Texas American Oil and Phipps Plating, no longer pose an imminent and substantial endangerment to public health or the environment and have been deleted pursuant to 30 TAC §335.344(c).

McNabb Flying Services has been accepted into the Voluntary Cleanup Program and was deleted from the state Superfund registry as provided by the Act, §361.189(a) and 30 TAC §335.344(c).

One site, State Highway 123 PCE Plume, was moved from proposed to the listed category in accordance with the Act, §361.188.

To date, 38 sites have been deleted from the state Superfund registry in accordance with the Act, §361.189 (see also the Act, §361.183(a) and 30 TAC §335.344):

Aztec Ceramics, Bexar County;

Aztec Mercury, Brazoria County;

Barlow's Wills Point Plating, Van Zandt County;

Bestplate Inc., Dallas County;

Butler Ranch, Karnes County;

Crimm-Hammett, Rusk County;

Double R Plating Company, Cass County;

Gulf Metals Industries, Harris County;

Hagerson Road Drum, Fort Bend County;

Harkey Road, Brazoria County;

Hart Creosoting, Jasper County;

Hi-Yield, Hunt County;

Higgins Wood Preserving, Angelina County;

Houston Lead, Harris County;

Houston Scrap, Harris County;

Kingsbury Metal Finishing, Guadalupe County;

LaPata Oil Company, Harris County;

Lyon Property, Kimble County;

McNabb Flying Service, Brazoria County;

Melton Kelly Property, Navarro County;

Munoz Borrow Pits, Hidalgo County;

Newton Wood Preserving, Newton County;

Old Lufkin Creosoting, Angelina County;

Permian Chemical, Ector County;

Phipps Plating, Bexar County;

PIP Minerals, Liberty County;

Poly-Cycle Industries, Ellis County;

Rio Grande Refinery I, Hardin County;

Rio Grande Refinery II, Hardin County;

Sampson Horrice, Dallas County;

Solvent Recovery Services, Fort Bend County;

South Texas Solvents, Nueces County;

State Marine, Jefferson County;

Stoller Chemical Company, Hale County;

Texas American Oil, Ellis County;

Thompson Hayward Chemical, Knox County;

Waste Oil Tank Services, Harris County;

Wortham Lead Salvage, Henderson County.

The public records for each of the sites are available for inspection and copying during regular TCEQ business hours at the TCEQ Records Management Center, Building E, North Entrance, 12100 Park 35 Circle, Austin, Texas 78753, (800) 633-9363 or (512) 239-2920. For persons with disabilities, parking is available on the east side of Building D, convenient to access ramps that are located between Buildings D and E. There is no charge for viewing the files; however, use of copiers to reproduce file information is subject to payment of a fee.

TRD-200601856

Stephanie Bergeron Perdue

Acting Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: March 28, 2006


Notice of Comment Period and Announcement of Public Meeting on Proposed Amendments to the Standard Permit for Electric Generating Units

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

PROPOSED AMENDED STANDARD PERMIT

The proposed amendments to the standard permit for EGUs would allow very small units (those with a capacity less than or equal to 100 kilowatts (kW)) in East Texas to comply with the pre-2005 nitrogen oxides (NO x ) limit of 0.47 pounds per megawatt-hour (lb/MWh). The existing standard permit requires units in East Texas constructed on or after January 1, 2005, and operating more than 300 hours per year, to comply with a NO x emission limit of 0.14 lb/MWh. This amendment is being proposed because the technology needed for very small EGUs to comply with a standard of 0.14 lb/MWh has not developed as rapidly as the commission anticipated. The commission specifically invites comment on current and future technologies used to control or minimize emissions from small EGUs. The proposed amendments to the standard permit would also increase the NO x emission limit for units combusting landfill gas, stranded oilfield gas, digester gas, and other gaseous renewable fuels from 1.77 lb/MWh to 1.90 lb/MWh. The proposed amendments would delete the hydrogen sulfide fuel concentration limit which applies to gaseous fuels; however, the total sulfur fuel concentration limit would remain in place. The proposed amendments would provide more flexibility for the use of renewable fuels under the standard permit. The proposed amendments also contain organizational and grammatical changes to improve readability and enforceability.

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

An amendment to a standard permit is subject to the procedural requirements of 30 TAC §116.605, Standard Permit Amendment and Revocation, which includes a 30-day public comment period and a public meeting to provide an additional opportunity for public comment. Any person who may be affected by the emission of air pollutants from facilities that may be registered under the standard permit is entitled to submit written or verbal comments regarding the proposed standard permit.

PUBLIC MEETING

A public meeting on the proposed amendments to the standard permit for EGUs will be held in Austin, Texas. The meeting 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. Open discussion with the audience will not occur during the meeting; however, TCEQ staff will be available to discuss the standard permit for EGUs 30 minutes prior to the meeting and staff will also answer questions after the meeting. The public meeting will be held on May 10, 2006, at 1:30 p.m., at the Texas Commission on Environmental Quality, Building F, Room 2210, 12100 Park 35 Circle, Austin.

PUBLIC COMMENT AND INFORMATION

Copies of the proposed amendments to the standard permit for EGUs may be obtained from the TCEQ Web site at http://www.tceq.state.tx.us/permitting/air/newsourcereview/combustion/egu_sp.html or by contacting the Texas Commission on Environmental Quality, Office of Permitting, Remediation, and Registration, Air Permits Division, at (512) 239-1250. Comments may be mailed to Michael Wilhoit, Texas Commission on Environmental Quality, Office of Permitting, Remediation, and Registration, Air Permits Division, MC 163, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-1070. All comments should reference the standard permit for EGUs. Comments must be received by 5:00 p.m. on May 10, 2006. To inquire about the submittal of comments or for further information, contact Mr. Wilhoit at (512) 239-1222. Si desea información en Español, puede llamar al (800) 687-4040.

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

TRD-200601873

Stephanie Bergeron Perdue

Acting Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: March 29, 2006


Notice of Comment Period and Hearing on Draft Municipal Solid Waste Landfill General Operating Permit

The Texas Commission on Environmental Quality (TCEQ) is providing an opportunity for public comment and a notice and comment hearing (hearing) on the draft revisions to Municipal Solid Waste Landfill (MSWL) General Operating Permit (GOP) Number 517. The draft GOP contains revisions to codified applicable requirements and the codification of the newly adopted New Source Review standard permit for MSWL facilities.

The draft GOP is subject to a 30-day comment period. During the comment period, any person may submit written comments on the draft GOP. A hearing will be held in Austin on May 8, 2006, at 11:00 a.m. in Room 131E of TCEQ, Building C, 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 statements when called upon in order of registration. Open discussion within the audience will not occur during the hearing; however, a TCEQ staff member will be available to discuss the draft GOP 30 minutes prior to the hearing and will also be available to answer questions after the hearing.

Copies of the draft GOP may be obtained from the TCEQ Web site at http://www.tceq.state.tx.us/permitting/air/nav/air_genoppermits.html or by contacting the TCEQ Office of Permitting, Remediation and Registration, Air Permits Division at (512) 239-1250. Written comments may be mailed to Bruce Buchanan, Texas Commission on Environmental Quality, Office of Permitting, Remediation and Registration, Air Permits Division, MC 163, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-1070. All comments should reference the draft MSWL GOP. Comments must be received by 5:00 p.m., May 12, 2006. For further information, contact Mr. Buchanan at (512) 239-0280.

Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact the TCEQ at (512) 239-4900. Requests should be made as far in advance as possible.

TRD-200601874

Stephanie Bergeron Perdue

Acting Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: March 29, 2006


Notice of District Petition

Notice Mailed March 28, 2006

TCEQ Internal Control No. 01202006-D04; Talley Ranch Management, LTD. (Petitioner) filed a petition for creation of Talley Ranch Water Control and Improvement District No. 1 of Denton County (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 51 of the Texas Water Code; 30 TAC Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioner is the owner of all of the land to be included in the proposed District; (2) there are no lienholders on the property to be included in the proposed District; (3) the proposed District will contain approximately 3,545.8 acres located within Denton County, Texas; and (4) the proposed District is within the corporate limits or extraterritorial jurisdiction of Pilot Point, Texas. By Ordinance No. 427-05, effective July 25, 2005, the City of Pilot Point, Texas, gave its consent to the creation of the proposed District. The petition further states that the proposed District will: (1) design, construct, acquire, maintain, and operate a waterworks and sanitary sewer system for domestic and commercial purposes; (2) design, construct, acquire, improve, extend, maintain, and operate works, improvements, facilities, plants, equipment, and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; (3) control, abate and amend local storm waters or other harmful excesses of waters, as more particularly described in an engineer's report filed simultaneously with the filing of the petition; and (4) design, construct, acquire, improve, maintain, and operate any additional facilities, systems, plants, and enterprises consistent with the purposes for which the District is created. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project; and from the information available at the time, the cost of the project is estimated to be approximately $154,700,000.

INFORMATION SECTION

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

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

Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P. O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team at (512) 239-4691. Si desea informacion en Espanol, puede llamar al 1-800-687-4040. General information regarding the TCEQ can be found at our web site at www.tceq.state.tx.us.

TRD-200601869

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 29, 2006


Notice of Meeting on May 18, 2006 in Sherman, Grayson County, Texas Concerning the Sherman Foundry (Also Known as Old Foundry) Facility

The purpose of the meeting is to obtain public input and information concerning proposal of the facility to the state registry of Superfund sites, the identification of potentially responsible parties, and the proposal of using non-residential standards for setting cleanup levels at the site.

The Texas Commission on Environmental Quality (TCEQ or commission) is required under the Texas Solid Waste Disposal Act, Health and Safety Code, Chapter 361, as amended (the Act), to annually publish a state registry that identifies facilities that may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment. The most recent registry listing of these facilities was published in the April 29, 2005, issue of the Texas Register (30 TexReg 2583).

Pursuant to the Act, §361.184(a), the commission must publish a notice of intent to list a facility on the state registry of state Superfund sites in the Texas Register and in a newspaper of general circulation in the county in which the facility is located. With this publication, the commission hereby gives notice of a facility that the executive director has determined eligible for listing and which the executive director proposes to list on the state registry. By this publication, the commission also gives notice pursuant to the Act, §361.1855, that it proposes a land use other than residential as appropriate for cleanup of the facility identified. The commission proposes a commercial/industrial land use designation. Determination of appropriate land use cleanup levels may impact the remedial investigation and remedial action for the site. The TCEQ is proposing a land use designation of commercial/industrial based on the existing use of the property, as is prescribed in the Texas Risk Reduction Program rule at 30 TAC §350.53.

This publication also specifies the general nature of the potential endangerment to public health and safety or the environment as determined by information currently available to the executive director. This notice of intent to list this facility was also published on April 7, 2006, in the Herald Democrat .

The facility proposed for listing is the Sherman Foundry Site (also known as Old Foundry), located at 532 East King Street, Sherman (Grayson County) Texas. The geographic coordinates of the site are Latitude 33 degrees 37 minutes 59.5 seconds /Longitude 96 degrees 36 minutes 06.5 seconds. The description of the site is based on information available at the time the site was evaluated with the Hazard Ranking System (HRS). The HRS is the principal screening guide used by the commission to evaluate potential, relative risk to public health and the environment from releases or threatened releases of hazardous substances. The description may change as additional information is gathered on the sources and extent of contamination.

The facility known as the Sherman Foundry (also known as Old Foundry) covers approximately 5.1 acres and is located in a mixed residential/industrial area in south central Sherman bordered on the east and west by Southern Pacific Railroad lines, Cherry Street to the north, and East King Street to the south. Records indicate that the Sherman Foundry was active from as early as 1947 to October 2000.

The facility was a cast iron foundry. The facility contains industrial process wastes remaining in the former metals process area, three large on-site foundry waste stockpiles, two 55-gallon drum storage areas, two baghouse collection hoppers, and a former paint shop. The site has a closed/capped deed-recorded pre-Resource Conservation and Recovery Act solid waste landfill measuring 15 feet by 50 feet containing a reported 21 cubic yards of buried cupola baghouse dust located in the northeast corner of the property. In addition, three off-site landfill areas have been identified where foundry sand and slag wastes were used as fill material that may have included cupola furnace baghouse dust containing hazardous levels of lead and cadmium.

On June 1, 2000, a default order (Docket No. 1999-0096-Air-E) against the Sherman Foundry was issued for failure to respond to rule violations and for failure to comply with provisions of a TCEQ issued Agreed Order. In January 2003, the TCEQ performed a site screening investigation and determined that conditions at the site required a removal action due to the potential exposure of the public and the environment to hazardous substances found at the site. During August 2003, a contractor for the TCEQ performed removal activities of numerous containers with hazardous wastes.

As part of the August 2003 activities, the TCEQ repaired the existing fence and installed approximately 450 linear feet of new fencing to secure the property. In addition to the security fence, two vehicle entrance gates were installed to limit access to the property.

A public meeting will be held on May 18, 2006, at 7:00 p.m., at the Hope Waller Community Room, located at 421 North Travis, Sherman, Texas. The purpose of this meeting is to obtain additional information regarding the site relative to its eligibility for listing on the state registry, identify additional potentially responsible parties, and obtain public input and information regarding the appropriate use of land on which the facility that is the subject of this notice is located. The public meeting is not a contested case hearing under the Texas Administrative Procedure Act (Texas Government Code, Chapter 2001).

All persons desiring to make comments may do so prior to or at the public meeting. All comments submitted prior to the public meeting must be received by 5:00 p.m., May 17, 2006, and should be sent in writing to Robert Musick, Project Manager, TCEQ, Remediation Division, MC 136, P. O. Box 13087, Austin, Texas 78711-3087 or facsimile at (512) 239-2450. The public comment period for this action will end at the close of the public meeting on May 18, 2006.

A portion of the record for this site, including documents pertinent to the executive director's determination of eligibility, is available for review at the Sherman Public Library, 421 North Travis, Sherman, Texas 75090, (903) 892-7240, during regular business hours. Copies of the complete public record file may be obtained during regular business hours at the commission's Records Management Center, Building E, First Floor, Records Customer Service, 12100 Park 35 Circle, Austin, Texas 78753, (800) 633-9363. Photocopying of file information is subject to payment of a fee. Parking is available on the east side of Building D, convenient to access ramps that are between Buildings D and E.

Information is also available regarding the state Superfund program on the TCEQ Web site located at www.tceq.state.tx.us/remediation/superfund/index.html .

Persons who have special communication or other accommodation needs who are planning to attend the meeting should contact the agency at (800) 633-9363 or (512) 239-2463. Requests should be made as far in advance as possible.

For further information about this site or the public meeting, please call Crystal Taylor, TCEQ Community Relations, at (800) 633-9363.

TRD-200601857

Stephanie Bergeron Perdue

Acting Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: March 28, 2006


Notice of Water Quality Applications

The following notices were issued during the period of March 16, 2006 through March 28, 2006.

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.

ALAMO CEMENT COMPANY II, LTD. which operates a portland cement plant has applied for a renewal of Permit No. WQ0002281000, which authorizes the disposal of noncontact cooling water, vehicle wash water, storm water runoff, and well water on an intermittent basis via evaporation. This permit will not authorize a discharge of pollutants into water in the State. The facility and disposal site are located at 6055 West Green Mountain Road, in the City of San Antonio, Bexar County, Texas. The facility and disposal site are located in the drainage area of Upper Cibolo Creek, in Segment No. 1908 of the San Antonio River Basin.

CITY OF CADDO MILLS has applied for a renewal of TPDES Permit No. 10425-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 200,000 gallons per day. The facility is located approximately 0.7 mile south of the intersection of State Highway 60 and Farm-to-Market Road 36 in Hunt County, Texas.

CITY OF CLARENDON has applied for a renewal of Permit No. 10007-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 280,000 gallons per day via evaporation. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located approximately 4,000 feet northeast of the intersection of U. S. Highway 287 and Farm-to-Market Road 2162 in Donley County, Texas.

CITY OF EDINBURG has applied for a renewal of TPDES Permit No. WQ0010503002, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 5,900,000 gallons per day. The facility is located northeast of the City of Edinburg immediately northeast of the intersection of North "M" Road and the Southern Union Pacific Railroad track easement in Hidalgo County, Texas.

CITY OF FATE has applied for a renewal of TPDES Permit No. 11077-003, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 314,000 gallons per day in the interim phase and 474,000 in the final phase. The facility is located approximately 0.01 mile east of State Highway 66 or approximately 0.04 mile northeast of the intersection of State Highway 66 and State Highway 551 in Rockwall County, Texas.

CITY OF LINDALE has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. 10412-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,300,000 gallons per day. The facility is located approximately 2,000 feet east of U. S. Highway 69 and approximately 4,000 feet north of Farm-to-Market Road 16 in Smith County, Texas.

CITY OF LINDALE has applied for a renewal of TPDES Permit No. 10412-002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 72,000 gallons per day. The facility is located adjacent to Interstate Highway 20 approximately 0.9 mile west of the intersection of Interstate Highway 20 and County Road 463 in Smith County, Texas. The Texas Commission on Environmental Quality (TCEQ) has initiated a minor modification of the Texas Pollutant Discharge Elimination System (TPDES) permit issued to CITY OF LONGVIEW to incorporate a substantial modification to the approved pretreatment program. The applicant has applied to the TCEQ for approval of a substantial modification to its approved pretreatment program under the TPDES program. 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 existing permit authorizes the disposal of sludge only at a TCEQ registered or permitted land application site, commercial land application site, or co-disposal landfill. The facility is located approximately 2,500 feet west of the crossing of Grace Creek by Farm-to-Market Road 1845, approximately 4,000 feet south of the intersection of Farm-to-Market Road 1845 and Farm-to-Market Road 2087 in Gregg County, Texas.

MARTIN LEON EDWARDS has applied for a new permit to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 12,000 gallons per day. The facility is located at 3035 West State Highway 154, approximately 1/8 mile west of Farm-to-Market Road 3138 in the City of Quitman in Wood County, Texas.

MARTINSVILLE INDEPENDENT SCHOOL DISTRICT has applied for a renewal of TPDES Permit No. 14027-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 8,000 gallons per day. The facility is located at the southwest corner of the intersection of State Highway 7 and Farm-to-Market Road 95, 12.7 miles west of the City of Nacogdoches in Nacogdoches County, Texas.

CITY OF SAN ANGELO has applied for a renewal of Permit No. WQ0010641003, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 16,300,000 gallons per day via evaporation and irrigation of 2,787 acres of land. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facilities and disposal area are located approximately 3.5 miles east-northeast of the intersection of Farm-to-Market Road 380 and State Highway Loop 306 in Tom Green County, Texas.

SNIDER INDUSTRIES, L.L.P., P. O. Box 668, Marshall, Texas 75671-0668, which operates a lumber mill with cogeneration facilities, has applied for a renewal of TPDES Permit No. WQ0002770000, which authorizes the discharge of once through cooling water and storm water runoff from Sue Belle Lake on an intermittent and flow basis via Outfall 001; truck and equipment washwater and storm water runoff on an intermittent and flow variable basis via Outfall 002; overflow from the wet bulb humidity regulator, kiln condensate, and storm water runoff on an intermittent and flow variable basis via Outfall 003; and boiler blowdown, groundwater seepage, and storm water runoff on an intermittent and flow variable basis via Outfall 004. The facility is located on the northeast and northwest corners of the intersection of Loop 390 and Sue Belle Lake Road, approximately two miles north of the City of Marshall, Harrison County, Texas.

CITY OF SOUR LAKE has applied for a renewal of TPDES Permit No. 10703-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 600,000 gallons per day. The facility is located approximately 0.5 mile southwest of the City of Sour Lake, approximately 3/4 mile west of State Highway 326 in Hardin County, Texas.

STEWART & STEVENSON TACTICAL VEHICLE SYSTEMS, L.P. which assembles military trucks, has applied for a major amendment to TPDES Permit No. WQ0002462000 to authorize the removal of internal Outfall 101; the removal of effluent limitations for total residual chlorine at internal Outfall 201; the addition of internal Outfall 401 for the discharge of additional process wastewater; an increase in the maximum effluent limitation for pH at Outfall 001; an increase in limitations for total chromium, total copper, and total lead at Outfall 001; the removal of the daily maximum flow limitation at Outfall 001; and an increase in the daily average flow limitation to a dry weather flow of 395,000 gallons per day at Outfall 001. The current permit authorizes the discharge of previously monitored effluent (PME) and storm water at a daily average flow not to exceed 395,000 gallons per day via Outfall 001; truck wash water and storm water at a daily average flow not to exceed 395,000 gallons per day via Outfall 101; treated electroplating/metal finishing process wastewater at a daily average flow not to exceed 43,000 gallons per day via Outfall 201; domestic sewage and truck wash water at a daily average flow not to exceed 61,870 gallons per day via Outfall 301. The facility is located at the northeast corner of the intersection of Interstate Highway 10 and Pyka Road, approximately three miles west of the City of Sealy, Austin County, Texas.

U.S. DEPARTMENT OF THE INTERIOR has applied for a renewal of TPDES Permit No. 12865-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 30,000 gallons per day. The facility is located approximately 3,300 feet northwest of the Chisos Mountain Lodge in the Basin in Big Bend National Park in Brewster County, Texas.

U.S. DEPARTMENT OF THE INTERIOR has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. 13344-002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 25,000 gallons per day. The facility is located approximately 2,154 feet west of the intersection of Sewage Lagoon Road and Park Road 22 in Kleberg County, Texas.

CITY OF WHITE OAK has applied for a renewal of TPDES Permit No. WQ0010940001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,100,000 gallons per day. The facility is located approximately 1,500 feet east of State Highway 42 and 3,800 feet south of U. S. Highway 80 in Gregg County, Texas.

TRD-200601870

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 29, 2006


Proposed Enforcement Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075, which requires that the commission may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is May 8, 2006 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P. O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on May 8, 2006 . Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs should be submitted to the commission in writing .

(1) COMPANY: C & R Distributing, Inc. and C & R Distributing, Inc. dba Piggy Bank 1; DOCKET NUMBER: 2005-1974-AIR-E; IDENTIFIER: Regulated Entity Reference Number (RN) RN102614203 and RN102598109; LOCATION: El Paso and Canutillo, El Paso County, Texas; TYPE OF FACILITY: gasoline products distributor and convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §114.100(a) and THSC, §382.085(b), by allegedly offering for sale gasoline with an oxygen content lower than 2.7% by weight; PENALTY: $1,520; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(2) COMPANY: Central Freight Lines, Inc.; DOCKET NUMBER: 2005-2060-MSW-E; IDENTIFIER: RN100712983; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: landfill; RULE VIOLATED: 30 TAC §330.5(c), by failing to prevent the unauthorized disposal of municipal solid waste (MSW), including trees, construction debris, plywood, plastic, tires, iron T-posts, and rebar; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Edward Moderow, (512) 239-2680; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: ConocoPhillips Company; DOCKET NUMBER: 2005-1904-AIR-E; IDENTIFIER: RN101619179; LOCATION: Old Ocean, Brazoria County, Texas; TYPE OF FACILITY: refinery; RULE VIOLATED: 30 TAC §101.20(3) and §116.115(c), New Source Review (NSR) Air Permit Number 7467A and NSR Air Permit Number 5920A/PSD-TX-103M2, and THSC, §382.085(b), by failing to comply with permitted emissions limits; PENALTY: $8,000; ENFORCEMENT COORDINATOR: Amy Burgess, (512) 239-2540; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(4) COMPANY: El Camino Bay Water Supply Corporation; DOCKET NUMBER: 2005-2020-PWS-E; IDENTIFIER: RN101199560; LOCATION: Hemphill, Sabine County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(f)(4) and (5) and THSC, §341.0315(c), by exceeding the maximum contaminant level for total trihalomethanes and haloacetic acids; PENALTY: $645; ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(5) COMPANY: Hirschfeld Steel Company, Inc.; DOCKET NUMBER: 2005-1864-AIR-E; IDENTIFIER: RN100680081; LOCATION: San Angelo, Tom Green County, Texas; TYPE OF FACILITY: metal fabricating plant; RULE VIOLATED: 30 TAC §122.121 and THSC, §382.085(b), by failing to obtain a federal operating permit and continuing to operate without authorization; 30 TAC §101.10(a)(3) and THSC, §382.085(b), by failing to submit an emissions inventory; 30 TAC §101.27(a)(4), the Code, §5.702, and THSC, §382.085(b), by failing to pay emissions fees; and 30 TAC §116.115(c), Permit Number 21663, and THSC, §382.085(b), by failing to comply with special conditions contained in the permit document; PENALTY: $17,080; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 658-5431.

(6) COMPANY: Hueco Quarry, Inc.; DOCKET NUMBER: 2006-0109-AIR-E; IDENTIFIER: RN102645272; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: rock crushing plant; RULE VIOLATED: 30 TAC §116.115(c), NSR Permit Number 52662, and THSC, §382.085(b), by failing to comply with the requirement that water spray systems be operated at the conveyor and the shaker, and on the plant roads to control the dust; PENALTY: $816; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(7) COMPANY: Intercontinental Terminals Company; DOCKET NUMBER: 2005-2017-AIR-E; IDENTIFIER: RN100210806; LOCATION: La Porte, Harris County, Texas; TYPE OF FACILITY: bulk storage terminal; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 1078, and THSC, §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §101.201(b)(8) and THSC, §382.085(b), by failing to include in the final record the number of the authorization governing the facility involved in the emissions event; PENALTY: $4,139; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(8) COMPANY: KBC Services, Inc. dba Marina Bay Harbor Yacht Club; DOCKET NUMBER: 2005-2076-PST-E; IDENTIFIER: RN104777149; LOCATION: Clear Lake Shores, Galveston County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to provide acceptable financial assurance; PENALTY: $840; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(9) COMPANY: Mercedes Independent School District; DOCKET NUMBER: 2005-0588-PST-E; IDENTIFIER: RN101684942; LOCATION: Mercedes, Hidalgo County, Texas; TYPE OF FACILITY: school bus maintenance; RULE VIOLATED: 30 TAC §334.50(a)(1)(A), (b)(1)(A), and (d)(1)(B)(iii)(II), and the Code, §26.3475(a), by failing to have a release detection method for any portion of the underground storage tank (UST), by failing to perform an automatic test for substance loss, and by failing to have measuring equipment capable of measuring the level of stored substance over the full range of the tank's height to nearest 1/8 inch; 30 TAC §334.51(a)(6), by failing to assure that all installed spill and overfill prevention devices are maintained in good operating condition and in accordance with the manufacturer's specifications; 30 TAC §334.72(3)(A), by failing to report monitoring results that indicate a release may have occurred; and 30 TAC §334.74, by failing to immediately investigate and confirm all suspected releases of regulated substances; PENALTY: $8,800; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(10) COMPANY: City of Morton; DOCKET NUMBER: 2005-2075-MWD-E; IDENTIFIER: RN102077385; LOCATION: Morton, Cochran County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Water Quality Permit Number 10226-001 and the Code, §26.121(a), by failing to meet the wastewater limitations for the treated domestic wastewater prior to disposal by land application and to prevent the contamination of groundwater from the disposal of wastewater effluent by land application; PENALTY: $6,300; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(11) COMPANY: MPR Investments, L.L.C. dba Oakridge Square Mobile Home Park; DOCKET NUMBER: 2005-2004-PWS-E; IDENTIFIER: RN101256832; LOCATION: Fort Worth, Johnson County, Texas; TYPE OF FACILITY: mobile home park with public water supply; RULE VIOLATED: 30 TAC §290.46(i), (m)(1)(A) and (B), and (n)(2) and (3), by failing to adopt an adequate plumbing ordinance, regulations, or service agreement, by failing to keep on file and make available for review annual inspections of the ground storage tank, by failing to keep on file and make available for review annual inspections of the pressure tank, by failing to keep on file and make available for review an accurate and up-to-date map of the distribution system, and by failing to keep on file and make available for commission review a copy of the well completion data; 30 TAC §290.42(l), by failing to keep on file and make available for review a thorough plant operations manual for operator review and reference; 30 TAC §290.121(a), by failing to keep on file and make available for review an up-to-date chemical and microbiological monitoring plan; 30 TAC §290.45(b)(1)(F)(i) and (iii), by failing to provide a well capacity of 0.6 gallons per minute (gpm) per connection and by failing to provide two or more pumps having a total capacity of two gpm per connection at each pump station or pressure plane; and 30 TAC §290.41(c)(3)(K) and (N), by failing to provide the well with a casing vent with an opening that is covered with a 16-mesh or finer corrosion-resistant screen and by failing to provide a flow meter on the well pump discharge line; PENALTY: $966; ENFORCEMENT COORDINATOR: Sandy VanCleave, (512) 239-0667; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(12) COMPANY: Parmer-McNeil Holdings, Limited; DOCKET NUMBER: 2005-1661-EAQ-E; IDENTIFIER: RN104421573; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: real property; RULE VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain approval of a plan to protect the Edwards Aquifer prior to commencing construction of a retail center; PENALTY: $21,600; ENFORCEMENT COORDINATOR: Ruben Soto, (512) 239-4571; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(13) COMPANY: City of Robert Lee; DOCKET NUMBER: 2005-1988-MSW-E; IDENTIFIER: RN102143658; LOCATION: Robert Lee, Coke County, Texas; TYPE OF FACILITY: landfill; RULE VIOLATED: 30 TAC §330.113(b)(1), by failing to maintain location restriction demonstrations in the landfill operating record; 30 TAC §330.117(b) and (c), by failing to prevent the unloading of waste in unauthorized areas and by failing to prevent the disposal of prohibited wastes; 30 TAC §330.122, by failing to install and maintain buffer zone markers, boundary markers, and a benchmark; 30 TAC §330.133(a) and Municipal Solid Waste (MSW) Permit Number 614, by failing to provide six inches of well-compacted earthern material; and 30 TAC §330.134 and MSW Permit Number 614, by failing to prevent ponded water from accumulating in the disposal area of the landfill; PENALTY: $3,960; ENFORCEMENT COORDINATOR: Anita Keese, (956) 425-6010; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(14) COMPANY: City of Teague; DOCKET NUMBER: 2005-0673-MWD-E; IDENTIFIER: RN101607935; LOCATION: Teague, Freestone County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and (17), Texas Pollutant Discharge Elimination System Permit Number 10300002, and the Code, §26.121(a), by failing to comply with the five-day biochemical oxygen demand and flow effluent limitations and by failing to provide monitoring results at the intervals specified in the permit; PENALTY: $8,064; ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(15) COMPANY: Texas Department of Criminal Justice; DOCKET NUMBER: 2005-1896-MWD-E; IDENTIFIER: RN102315553; LOCATION: Tennessee Colony, Anderson County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), Water Quality Permit Number 11915001, and the Code, §26.121(a), by failing to comply with permit effluent limits for total suspended solids, five-day biochemical oxygen demand, and ammonia-nitrogen; PENALTY: $13,750; ENFORCEMENT COORDINATOR: Audra Ruble, (361) 825-3100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(16) COMPANY: Texas Department of Transportation; DOCKET NUMBER: 2005-0922-PST-E; IDENTIFIER: RN101745032; LOCATION: Yoakum, DeWitt County, Texas; TYPE OF FACILITY: fleet refueling; RULE VIOLATED: 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475(a), by failing to monitor the piping of the UST system in a manner designed to detect releases and by failing to test the line leak detectors for performance and operational reliability; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Deana Holland, (512) 239-2504; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

TRD-200601841

Stephanie Bergeron Perdue

Acting Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: March 28, 2006


Office of the Governor

Notice of Amended Request for Applications (RFA) for the Juvenile Justice and Delinquency Prevention (JJDP) Act Fund - Title V Program

The Criminal Justice Division (CJD) of the Governor's Office is soliciting applications for local projects to implement comprehensive plans developed by communities under the fiscal year 2007 grant cycle.

Reason for Amendment: The RFA for the Title V Program, which was published in the February 3, 2006 edition of the Texas Register (31 TexReg 748), is being amended to accommodate a 95% reduction in funds available for Texas.

Purpose: The purpose of the Title V Program is to reduce delinquency and youth violence by supporting communities in providing their children, families, neighborhoods, and institutions with the knowledge, skills, and opportunities necessary to foster a healthy and nurturing environment which supports the growth and development of productive and responsible citizens.

Available Funding: Federal funding is authorized under the Juvenile Justice and Delinquency Act of 2002, Title V, Public Law 107-273, codified as amended at 42 U.S.C. 5781 et seq. All grants awarded from this fund must comply with the requirements contained therein. Approximately $600,000 is available for award.

Funding Levels: Grantees are allowed a maximum of three years of funding (this includes any years previously funded for the same project). The minimum award amount is $25,000 and the maximum award amount is $100,000.

Required Match: Grantees must provide matching funds of at least thirty-four percent (34%) of total project expenditures. This requirement may be met through cash and/or in-kind contributions.

Standards: Grantees must comply with the standards applicable to this funding source contained in the Texas Administrative Code , Title 1, Part 1, Chapter 3, and the statutes, requirements, and guidelines applicable to this funding. In addition grantees must comply with the federal regulations at 28 C.F.R. §31.

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

(1) proselytizing or sectarian worship;

(2) lobbying;

(3) legal services for adult offenders;

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

(5) overtime pay;

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

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

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

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

(10) promotional gifts;

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

(12) membership dues for individuals;

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

(14) fundraising;

(15) medical services; and

(16) construction.

Eligible Applicants:

(1) Units of local government applying for second (2nd) or third (3rd) year funding.

(2) Native American Tribal Governments performing law enforcement functions applying for second (2nd) or third (3rd) year funding.

Requirements:

(1) Each community applying for funds must have a local prevention policy board that will direct the project and develop a three-year delinquency prevention plan. The prevention plan must be based on an assessment of risk factors associated with the development of delinquent behavior in the community's children. This plan must address one or more of the following activities:

(a) Alcohol and substance abuse prevention services;

(b) Tutoring and remedial education;

(c) Child and adolescent health and mental health services;

(d) Recreation services;

(e) Leadership and youth development activities;

(f) Teaching accountability;

(g) Assistance in the development of job training skills; and

(h) Other Data-driven evidence based prevention programs.

(2) Applicants must address one or more of the following Title V purpose areas:

(a) Delinquency Prevention;

(b) Gangs;

(c) Mental Health Services;

(d) Mentoring;

(e) School Programs;

(f) Substance Abuse; or

(g) Youth Courts.

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

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

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

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

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

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

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

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

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

Project Period: Grant-funded projects must begin on or after September 1, 2006, and will expire on or before August 31, 2007.

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

Preferences: Preference will be given to continuation applicants that demonstrate cost effective programs and comprehensive approaches to service provision.

Closing Date for Receipt of Applications: All applications must be submitted electronically to the Office of the Governor, Criminal Justice Division, via email at: cjdapps@governor.state.tx.us on or before May 1, 2006.

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

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

TRD-200601882

David Zimmerman

Assistant General Counsel

Office of the Governor

Filed: March 29, 2006


Texas Health and Human Services Commission

Notice of Hearing on Proposed Provider Payment Rates

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing to receive public comment on the proposed Medicaid payment rate for large state-operated Intermediate Care Facilities for Persons with Mental Retardation (ICF/MR) facilities operated by the Texas Department of Aging and Disability Services (DADS). This payment rate is proposed to be effective April 1, 2006. This proposed rate is an adjustment to the state fiscal year 2006 interim rate for state-operated large facilities effective April 1, 2006 to August 31, 2006 to account for actual increases in costs to operate these facilities that were not anticipated in the initial interim rate. HHSC is proposing this rate so that adequate funds are available to serve clients in these facilities. The public 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 April 24, 2006, at 1:30 p.m., in the Permian Basin Conference Room of the Braker Center Building H, at 11209 Metric Boulevard, Austin, Texas 78758-4021. Written comments regarding the payment rate 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 Joyce Felix, HHSC Rate Analysis, MC H-400, P.O. Box 85200, Austin, Texas 78708-5200. Express mail can be sent, or written comments can be hand delivered, to Ms. Felix, HHSC Rate Analysis, MC H-400, Braker Center Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021. Alternatively, written comments may be sent via facsimile to Ms. Felix at (512) 491-1998. Interested parties may request to have mailed to them or may pick up a briefing package concerning the proposed payment rate by contacting Joyce Felix at (512) 491-1174 or at HHSC Rate Analysis, MC H-400, P.O. Box 85200, Austin, Texas 78708-5200.

Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Ms. Felix by April 18, 2006, so that appropriate arrangements can be made.

Proposal. As the single state agency for the state Medicaid program, the Health and Human Services Commission proposes the following rate for large state-operated ICF/MR facilities operated by the Department of Aging and Disability Services. The payment rate effective for April 1, 2006, is proposed as follows:

Large State-Operated ICF/MRs Facilities

Current Daily Rate - $308.75

Proposed Daily Rate - $331.89

Methodology and justification. The proposed rate was determined in accordance with the rate setting methodology codified as 1 Texas Administrative Code Chapter 355, Subchapter D, relating to Reimbursement Rates, §355.456(f).

TRD-200601884

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: March 29, 2006


Notice of Proposed Nursing Facility Payment Rate for the Pediatric Care Facility Special Reimbursement Class

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing to receive public comment on a proposed facility-specific payment rate for the Truman W. Smith Children's Care Center, a nursing facility that is a member of the pediatric care facility special reimbursement class. 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 for medical assistance programs. The public hearing will be held on April 24, 2006, at 9:00 a.m. in the Permian Basin Conference Room of the Braker Center, Building H, at 11209 Metric Boulevard, Austin, Texas 78758-4021. Entry is through Security at the entrance of 11209 Metric Boulevard. Written comments regarding 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 Joyce Felix, HHSC Rate Analysis, MC H-400, P.O. Box 85200, Austin, Texas 78708-5200 or by e-mail to joyce.felix@hhsc.state.tx.us. Express mail can be sent, or written comments can be hand delivered, to Ms. Felix, HHSC Rate Analysis, MC H-400, Braker Center, Building H at 11209 Metric Boulevard, Austin, Texas 78758-4021. Alternatively, written comments may be sent via facsimile to Ms. Felix 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. Felix at (512) 491-1174 or at HHSC Rate Analysis, MC H-400, P.O. Box 85200, Austin, Texas 78708-5200.

Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Ms. Felix, by April 18, 2006, so that appropriate arrangements can be made.

Proposal. HHSC proposes a per-day payment rate for the nursing facility pediatric care facility special rate class for Truman W. Smith Children's Care Center in the amount of $174.48. This payment rate is proposed to be effective January 1, 2006.

Methodology and justification. The proposed rate was determined in accordance with the rate setting methodology for the nursing facility pediatric care facility special rate class at 1 TAC Chapter 355, Subchapter C, §355.307(c) (relating to Reimbursement Setting Methodology for Nursing Facilities).

TRD-200601800

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: March 24, 2006


Public Notice

The Texas Health and Human Services Commission announces its intent to submit Transmittal Number #06-016, Amendment Number 734, to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act.

The purpose of this amendment is to add language to cover assistive communication devices for Medicaid-eligible recipients residing in nursing facilities. The amendment describes the criteria for requesting the devices and the reimbursement methodology.

The proposed amendment is estimated to result in annual aggregate increased costs of approximately $375,000 for federal fiscal years 2006 and 2007, of which approximately $228,263 is federal funds and $146,737 is state general revenue.

The proposed effective date for the amendment is April 1, 2006. For additional information and copies of the proposed amendment, interested parties may contact Jessica Allison, Policy Analyst with Medicaid/CHIP Division, at the Health and Human Services Commission, 1100 West 49th Street, MC-H630, Austin, Texas 78758-3160, or by e-mail at jessica.allison@hhsc.state.tx.us. Copies of the proposal will also be made available for public review at the local offices of the Department of Aging and Disability Services (formerly the Texas Department of Human Services).

TRD-200601868

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: March 29, 2006


Texas Higher Education Coordinating Board

Request for Proposals for the Texas Fund for Geography Education

This packet contains instructions and forms for submitting a proposal to the Texas Fund for Geography Grant Program. To be eligible for an award, institutions must submit applications to the Texas Fund for Geography Education Advisory Committee as specified in these instructions. Proposals must be submitted in writing and electronically.

Electronic copies of these instructions and forms may be found on the Coordinating Board's website at http://www.thecb.state.tx.us/AAR/GradAndProfEd/partnerships/teachprep.htm.

Name: Texas Fund for Geography Education

Purpose: To provide funding to eligible institutions of higher education to support geography education within the state and to improve geography literacy in the K-12 environment.

Authority: Texas Education Code, §§61.944 - 61.945; Texas Administrative Code, Title 19, Part 1, Chapter 13, Subchapter J, Rules §§13.180 - 13.187. See appendices.

Eligible Institutions: Public and independent institutions of higher education as defined in Texas Education Code, §61.003 shall be able to compete for grants.

Eligible Projects: New or existing initiatives designed to improve the quality of geography education in the Texas K-12 environment. Collaborative efforts between public/independent institutions of higher education in Texas and a K-12 partner. The latter may include, but not be limited to, school district(s), individual schools/teachers, regional education service center(s), public and private entities.

General Selection Criteria: Competitive. Designed to award grants that provide the best overall value to the state. Selection criteria shall be based primarily on project quality, cost, and impact the project will have on enhancing geography education in the K-12 environment.

Available Funds: $90,000 for the 2006-2007 academic year.

Grant Award: Minimum: None. Maximum: $45,000.

Grant Period: One-year grants from on or about October 1, 2006 to August 31, 2007.

Grant Disbursement: In a single payment, as soon as possible after the awards are made. Unencumbered funds may not carry over beyond the grant period unless specifically authorized by the Coordinating Board's Program Director for Educator Preparation, Graduate and Professional Education, Academic Affairs and Research Division.

Carryover Funds: Unencumbered funds may not carry over beyond the grant period unless specifically authorized by the Coordinating Board's Program Director for Educator Preparation, Graduate and Professional Education, Academic Affairs and Research Division.

Application Deadline: Applications must be postmarked (or otherwise dated for overnight delivery) by July 17, 2006, or hand-delivered to the Coordinating Board's office by 5:00 p.m., July 17, 2006. Applications must also be received electronically by 5:00 p.m., July 17, 2006. E-mail applications to: susan.hetzler@thecb.state.tx.us.

More Information: Contact Dr. Susan Hetzler, Program Director for Educator Preparation, Graduate and Professional Education, Academic Affairs and Research Division, at (512) 427-6220, or by e-mail at: susan.hetzler@thecb.state.tx.us.

Program Schedule:

July 17, 2006: Proposals are due.

July 24, 2006: Proposals are reviewed by the Geography Education Advisory Committee.

August 7, 2006: Geography Education Advisory Committee meets to consider proposals and funding recommendations to the National Geographic Society.

September 22: Proposals are awarded by the National Geographic Society.

On or about October 1, 2006: Award letters are sent.

On or about October 1, 2006: Grantee(s) sign award contracts.

TRD-200601775

Jan Greenberg

General Counsel

Texas Higher Education Coordinating Board

Filed: March 23, 2006


Texas Department of Housing and Community Affairs

Announcement of Public Comment Period for the 2006 State of Texas Consolidated Plan Annual Performance Report - Reporting on Program Year 2005 - Draft for Public Comment

The Texas Department of Housing and Community Affairs (the "Department") announces the opening of a 15-day public comment period for the State of Texas 2006 Consolidated Plan Annual Performance Report - Reporting on Program Year 2005 - Draft for Public Comment (the Plan) as required by the US Department of Housing and Urban Development (HUD). The Plan is required as part of the overall requirements governing the State's consolidated planning process. The Plan is submitted in compliance with 24 CFR 91.520, Consolidated Plan Submissions for Community Planning and Development Programs. The 15-day public comment period begins April 7, 2006, and continues until 5:00 p.m. on April 21, 2006.

The Plan gives the public an opportunity to evaluate the performance of the past program year for four HUD programs: the Community Development Block Grant Program administered by the Office of Rural Community Affairs, the Emergency Shelter Grants and HOME Investment Partnerships programs administered by the Department, and the Housing Opportunities for Persons with AIDS Program administered by the Texas Department of State Health Services. The following information is provided for each of the four programs covered in the Plan: a summary of program resources and programmatic accomplishments; a series of narrative statements on program performance over the past year; a qualitative analysis of program actions and experiences; and a discussion of program successes in meeting program goals and objectives.

Beginning April 7, 2006, the Plan will be available on the Department's website at www.tdhca.state.tx.us. A hard copy can be requested by contacting the Division of Policy and Public Affairs at P.O. Box 13941, Austin, TX 78711-3941 or by calling (512) 475-3976.

Written comment is encouraged and should be sent by mail to the Texas Department of Housing and Community Affairs, Division of Policy and Public Affairs, P.O. Box 13941, Austin, TX 78711-3941, by email to info@tdhca.state.tx.us, or by fax to (512) 469-9606. For more information or to order copies of the Plan, please contact the Division of Policy and Public Affairs at (512) 475-3976 or info@tdhca.state.tx.us.

TRD-200601875

William Dally

Acting Executive Director

Texas Department of Housing and Community Affairs

Filed: March 29, 2006


Notice of Public Hearing

SINGLE FAMILY MORTGAGE REVENUE AND REFUNDING BONDS

TAXABLE JUNIOR LIEN SINGLE FAMILY MORTGAGE REVENUE BONDS

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Department") at 211 East 11th Street, Room 116, Austin, Texas, at 12:00 noon on May 3, 2006, with respect to an issue of tax-exempt single family mortgage revenue bonds to be issued in one or more series in an aggregate face amount of not more than $100,000,000 (the "Tax-Exempt New Money Bonds") and an issue of tax-exempt single family mortgage revenue refunding bonds to be issued in one or more series in an aggregate face amount of not more than $184,410,000 (the "Tax-Exempt Refunding Bonds" and together with the Tax-Exempt New Money Bonds, collectively, the "Tax-Exempt Bonds") and an issue of taxable junior lien single family mortgage revenue bonds to be issued in an aggregate face amount of not more than $50,000,000 (the "Taxable Junior Lien Bonds" and together with the Tax-Exempt Bonds, collectively, the "Bonds").

A portion of the proceeds of the Tax-Exempt Bonds will be used directly to make single family residential mortgage loans in an aggregate estimated amount not to exceed $235,450,000. All of such single family residential mortgage loans will be made to eligible very low, low, and moderate income homebuyers for the purchase of homes located within the State of Texas. A portion of the proceeds of the Tax-Exempt Refunding Bonds will be used to refund all or a portion of the Department's outstanding Single-Family Mortgage Revenue Refunding Tax-Exempt Commercial Paper Notes, Series A and the Department's outstanding Single-Family Mortgage Revenue Tax-Exempt Commercial Paper Notes, Series C, thereby making funds available to make additional single family residential mortgage loans. A portion of the proceeds of the Tax-Exempt Refunding Bonds will also be used to refund all or a portion of the Department's outstanding Single Family Mortgage Revenue Bonds, 1996 Series A, Single Family Mortgage Revenue Bonds, 1996 Series D, and Single Family Mortgage Revenue Refunding Bonds, 1996 Series E, the proceeds of which were used directly or indirectly to provide single family residential mortgage loans. The proceeds of the Taxable Junior Lien Bonds will be used to finance down payment and closing cost assistance made to eligible very low, low, and moderate income homebuyers for the purchase of homes located within the State of Texas or for any other loan programs of the Department.

For purposes of the Department's mortgage loan finance programs, eligible borrowers generally will include individuals and families whose family income does not exceed: (i) for families of three or more persons, 115% (140% in certain targeted areas) of the area median income and (ii) for individuals and families of two persons, 100% (120% in certain targeted areas) of the area median income. In addition, substantially all of the borrowers under the programs will be required to be persons who have not owned a principal residence during the preceding three years (except in the case of certain targeted area residences). Further, residences financed with loans under the programs will be subject to certain other limitations, including limits on the purchase prices of the residences being acquired. Pursuant to the Gulf Opportunity Zone Act of 2005, residences in certain areas affected by Hurricane Rita are treated as targeted area residences. All the limitations described in this paragraph are subject to revision and adjustment from time to time by the Department pursuant to applicable federal law and Department policy.

All interested parties are invited to attend such public hearing to express their views with respect to the Department's mortgage loan finance program and the issuance of the Bonds. Questions or requests for additional information may be directed to Matt Pogor at the Texas Department of Housing and Community Affairs, 221 East 11th Street, Austin, Texas 78701; (512) 475-3987.

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

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

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

Non-English speaking individuals who require interpreters for the hearing should contact Matt Pogor at (512) 475-3987 at least three days before the hearing so that appropriate arrangements can be made. Personas que hablan español y requieren un intérprete, favor de llamar a Jorge Reyes al siguiente número (512) 475-4577 por lo menos tres días antes de la junta para hacer los preparativos apropiados.

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

TRD-200601879

William Dally

Acting Executive Director

Texas Department of Housing and Community Affairs

Filed: March 29, 2006


Texas Department of Insurance

Company Licensing

Application for incorporation to the State of Texas by PRIVATE EQUITY NATIONAL INDEMNITY INSURANCE COMPANY, a domestic fire and/or casualty company. The home office is in Dallas, Texas.

Application to change the name of GREAT TEXAS COUNTY MUTUAL INSURANCE COMPANY to INFINITY COUNTY MUTUAL INSURANCE COMPANY, a domestic fire and/ or casualty company. The home office is in Dallas, Texas.

Application to change the name of INSURANCE CORPORATION OF HANNOVER to PRAETORIAN INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Itasca, Illinois.

Any objections must be filed with the Texas Department of Insurance, within twenty (20) calendar days from the date of the Texas Register publication, addressed to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.

TRD-200601872

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: March 29, 2006


Texas Lottery Commission

Instant Game Number 659 "World Poker Tour $100,000 Texas Hold 'em"

1.0 Name and Style of Game.

A. The name of Instant Game No. 659 is "WORLD POKER TOUR $100,000 TEXAS HOLD 'EM". The play style is "cards".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 659 shall be $10.00 per ticket.

1.2 Definitions in Instant Game No. 659.

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

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

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 2 SPADE SYMBOL, 3 SPADE SYMBOL, 4 SPADE SYMBOL, 5 SPADE SYMBOL, 6 SPADE SYMBOL, 7 SPADE SYMBOL, 8 SPADE SYMBOL, 9 SPADE SYMBOL, 10 SPADE SYMBOL, J SPADE SYMBOL, Q SPADE SYMBOL, K SPADE SYMBOL, A SPADE SYMBOL, 2 CLUB SYMBOL, 3 CLUB SYMBOL, 4 CLUB SYMBOL, 5 CLUB SYMBOL, 6 CLUB SYMBOL, 7 CLUB SYMBOL, 8 CLUB SYMBOL, 9 CLUB SYMBOL, 10 CLUB SYMBOL, J CLUB SYMBOL, Q CLUB SYMBOL, K CLUB SYMBOL, A CLUB SYMBOL, $2.00, $5.00, $10.00, $15.00, $20.00, $25.00, $50.00, $75.00, $100, $250, $500, $5,000, or $100,000. The possible red play symbols are: 2 DIAMOND SYMBOL, 3 DIAMOND SYMBOL, 4 DIAMOND SYMBOL, 5 DIAMOND SYMBOL, 6 DIAMOND SYMBOL, 7 DIAMOND SYMBOL, 8 DIAMOND SYMBOL, 9 DIAMOND SYMBOL, 10 DIAMOND SYMBOL, J DIAMOND SYMBOL, Q DIAMOND SYMBOL, K DIAMOND SYMBOL, A DIAMOND SYMBOL, 2 HEART SYMBOL, 3 HEART SYMBOL, 4 HEART SYMBOL, 5 HEART SYMBOL, 6 HEART SYMBOL, 7 HEART SYMBOL, 8 HEART SYMBOL, 9 HEART SYMBOL, 10 HEART SYMBOL, J HEART SYMBOL, Q HEART SYMBOL, K HEART SYMBOL , A HEART SYMBOL, and WPT.

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. 659 - 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. 659 - 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 $10.00, $15.00, or $20.00.

H. Mid-Tier Prize - A prize of $25.00, $50.00, $75.00, $100, $250, or $500.

I. High-Tier Prize - A prize of $5,000 or $100,000.

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 (659), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 050 within each pack. The format will be: 659-0000001-001.

L. Pack - A pack of "WORLD POKER TOUR $100,000 TEXAS HOLD 'EM" Instant Game tickets contains 50 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket back 050 will be exposed on one side of the pack and ticket front 001 on the other side.

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 "WORLD POKER TOUR $100,000 TEXAS HOLD 'EM" Instant Game No. 659 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 "WORLD POKER TOUR $100,000 TEXAS HOLD 'EM" Instant Game is determined once the latex on the ticket is scratched off to expose 50 (fifty) Play Symbols. At each table, use YOUR 2 CARDS and the Community Cards to make your best 5-card poker hand. Do the same with THEIR 2 CARDS. If your best 5-card poker hand beats their best 5-card poker hand at the same table, win the prize for that table. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 50 (fifty) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut and have exactly 50 (fifty) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

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

16. Each of the 50 (fifty) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

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

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

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

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

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

2.2 Programmed Game Parameters.

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

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

C. A ticket may only win once in each table for a total of five wins on a ticket.

D. No duplicate tables, in any order, on any ticket.

E. Each table on a ticket will use a deck of fifty-two (52) cards.

F. Listed below is a Glossary of Terms for use in the patterns to follow:

"Starting Hand" - The two (2) cards underneath the scratch-off coating marked "YOUR 2 CARDS," or underneath the Scratch-off coating marked "THEIR 2 CARDS".

"Table" - Any of the five (5) play areas on each ticket.

"Board" - The five (5) cards underneath the scratch-off coating marked "COMMUNITY CARDS".

"Suit" - The Spades, Hearts, Diamonds, and Clubs are the four (4) Suits.

"Suited" - Any amount of cards where each card is of the same Suit (for example, 4 of Hearts + 5 of Hearts).

"Non-suited" - Any amount of cards where at least one is of a different suit (for example, 4 of Hearts + 5 of Spades).

"Sequential" - Any amount of cards that are connected (for example, 10 of Hearts; Jack of Hearts; Queen of Diamonds; King of Clubs; Ace of Spades).

"Non-Sequential" - Any amount of cards that are not connected (for example, Ace of Hearts + Queen of Diamonds).

"Pair" - Two (2) cards of the exact same rank (for example, Ace of Diamonds + Ace of Spades or 7 of Hearts + 7 of Clubs).

"Three of a Kind" - Three (3) cards of the exact same rank.

"Straight" - Five (5) non-suited cards in sequential order (for example, 2 of Clubs; 3 of Hearts; 4 of Diamonds; 5 of Spades; 6 of Diamonds).

"Flush" - Five (5) non-sequential cards of the same suit (for example, 2 of Diamonds; 4 of Diamonds; 5 of Diamonds; Jack of Diamonds; King of Diamonds).

"Full House" - Three (3) of a kind with a pair (for example, 4 of Diamonds; 4 of Clubs; 4 of Spades; 9 of Hearts; 9 of Diamonds).

"Four of a Kind" - Four (4) cards of the exact same rank.

"Straight Flush" - Five (5) suited and sequential cards, EXCEPT the highest five (5) sequential cards.

"Royal Flush" - The highest five (5) suited and sequential cards (for example, 10 of Diamonds; Jack of Diamonds; Queen of Diamonds; King of Diamonds; Ace of Diamonds).

"Final Hand" - The highest ranking five-card hand that uses the two (2) cards in either STARTING HAND with the five (5) cards on the Board.

G. The Suit or Suits used in one of the Starting Hands will NEVER match any of the Suit or Suits in the other Starting Hand for that table.

H. In any table, the two (2) starting Hands will never be of the same rank (for example, Jack of Hearts + 10 of Hearts vs. Jack of Diamonds + 10 of Clubs or 4 of Clubs + 4 of Diamonds vs. 4 of Hearts + 4 of Spades.

I. Each and every Starting Hand (YOUR 2 CARDS or THEIR 2 CARDS) will come from one of the following groups:

(a) Any Pair.

(b) Any Suited and Sequential two (2) cards.

(c) Any Non-Suited and Sequential or any Non-Suited and Non-Sequential Cards where BOTH cards are either a 10, Jack, Queen, King or Ace.

J. No Board will ever contain a Straight, Flush, Full House, Four of a Kind, Straight Flush, or Royal Flush.

K. No Board will ever contain four (4) cards of the same suit.

L. Every Straight or Straight Flush will use the card ranks below. An Ace will never be used in a Straight or Straight Flush.

2, 3, 4, 5, 6

3, 4, 5, 6, 7

4, 5, 6, 7, 8

5, 6, 7, 8, 9

6, 7, 8, 9, 10

7, 8, 9, 10, Jack

8, 9, 10, Jack, Queen

9, 10, Jack, Queen, King

M. A Straight will never appear in the same table with a Straight Flush or a Royal Flush.

2.3 Procedure for Claiming Prizes.

A. To claim a "WORLD POKER TOUR $100,000 TEXAS HOLD 'EM" Instant Game prize of $10.00, $15.00, $20.00, $25.00, $50.00, $75.00, $100, $250, or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00, $75.00, $100, $250, 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 "WORLD POKER TOUR $100,000 TEXAS HOLD 'EM" Instant Game prize of $5,000 or $100,000, 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 "WORLD POKER TOUR $100,000 TEXAS HOLD 'EM" 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 of Public Accounts, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

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

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

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

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

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

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "WORLD POKER TOUR $100,000 TEXAS HOLD 'EM" 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 "WORLD POKER TOUR $100,000 TEXAS HOLD 'EM" 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, §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 4,080,000 tickets in the Instant Game No. 659. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 659 - 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 659 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. 659, 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-200601774

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: March 23, 2006


Instant Game Number 670 "Cool Millions"

1.0 Name and Style of Game.

A. The name of Instant Game No. 670 is "COOL MILLIONS". The play style is "key number match".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 670 shall be $20.00 per ticket.

1.2 Definitions in Instant Game No. 670.

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

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

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, DIAMOND SYMBOL, MONEY BAG SYMBOL, COINS SYMBOL, STACK OF BILLS SYMBOL, MONEY SYMBOL, STAR SYMBOL, GOLD BAR SYMBOL, 10X SYMBOL, $2.00, $3.00, $5.00, $8.00, $10.00, $20.00, $40.00, $50.00, $80.00, $100, $200, $400, $1,000, $10,000, and $ONE MILL SYMBOL.

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. 670 - 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. 670 - 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 $20.00.

H. Mid-Tier Prize - A prize of $30.00, $40.00, $50.00, $80.00, $100, $200, or $400.

I. High-Tier Prize - A prize of $1,000, $10,000, or $1,000,000.

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 (670), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 050 within each pack. The format will be: 670-0000001-001.

L. Pack - A pack of "COOL MILLIONS" Instant Game tickets contains 50 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket back 050 will be exposed on one side of the pack and ticket front 001 on the other side.

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 "COOL MILLIONS" Instant Game No. 670 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 "COOL MILLIONS" Instant Game is determined once the latex on the ticket is scratched off to expose 47 (forty-seven) Play Symbols. In game 1, if the players YOUR NUMBER beats THEIR NUMBER within the same game, the player wins the PRIZE shown for that game. In game 2, if the player reveals a GOLD BAR SYMBOL, the player wins $50 instantly. In game 3, if the player matches any of YOUR NUMBERS to any of the WINNING NUMBERS, the player wins the prize shown for that number. If the player reveals a 10X SYMBOL, the player wins 10 times the prize shown.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 47 (forty-seven) 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 47 (forty-seven) 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 47 (forty-seven) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 47 (forty-seven) 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. Game 1: No duplicate games.

C. Game 1: No duplicate non-winning prize symbols.

D. Game 1: No ties between YOUR NUMBERS and THEIR NUMBERS.

E. Game 3: No prize amount in a non-winning spot will correspond with the YOUR NUMBER play symbol (i.e. 5 and $5).

F. Game 3: Non-winning prize symbols will never be the same as the winning prize symbol(s) in this game.

G. Game 3: No duplicate non-winning YOUR NUMBERS.

H. Game 3: No duplicate WINNING NUMBERS.

I. Game 3: No more than two like non-winning prize symbols in this game.

J. Game 3: The 10X symbol will only appear on intended winning tickets and only as designated by the prize structure.

2.3 Procedure for Claiming Prizes.

A. To claim a "COOL MILLIONS" Instant Game prize of $20.00, $30.00, $40.00, $50.00, $80.00, $100, $200, or $400, 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, $40.00, $50.00, $80.00, $100, $200, or $400 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 "COOL MILLIONS" Instant Game prize of $1,000 or $10,000, 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. To claim a "COOL MILLIONS" Instant Game prize of $1,000,000, the claimant must sign the winning ticket and present it at the Texas Lottery Commission Claim Center. 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. 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.

D. As an alternative method of claiming a "COOL MILLIONS" 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.

E. 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 of Public Accounts, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

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

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

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

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

F. 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 "COOL MILLIONS" 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 "COOL MILLIONS" 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, §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 4,080,000 tickets in the Instant Game No. 670. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 670 - 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 670 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. 670, 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-200601845

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: March 28, 2006


Instant Game Number 698 "Find the "9's"

1.0 Name and Style of Game.

A. The name of Instant Game No. 698 is "FIND THE 9'S". The play style is "match 3 of 6 with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 698 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 698.

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

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

C. Play Symbol- The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: $1.00, $2.00, $3.00, $5.00, $30.00, $50.00, $300, and 9.

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. 698 - 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. 698 - 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, $3.00, $5.00, $9.00, or $19.00.

H. Mid-Tier Prize - A prize of $30.00, $50.00, $90.00, or $300.

I. High-Tier Prize- A prize of $999.

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 (698), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 250 within each pack. The format will be: 698-0000001-001.

L. Pack - A pack of "FIND THE 9'S" Instant Game tickets contains 250 tickets, packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 001 and 005 will be on the top page; ticket 006 and 010 on the next page; etc.; and tickets 246 and 250 will be on the last page with backs exposed. Ticket 001 will be folded over so the front of ticket 001 and 010 will be exposed.

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 "FIND THE 9'S" Instant Game No. 698 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 "FIND THE 9'S" Instant Game is determined once the latex on the ticket is scratched off to expose 6 (six) Play Symbols. If a player reveals 3 matching amounts in the play area, the player wins that amount. If a player reveals any 9 play symbols in the play area, the player wins the corresponding prize in the prize legend. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 6 (six) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut and have exactly 6 (six) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

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

16. Each of the 6 (six) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 6 (six) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. No ticket will contain two sets of three matching prize amounts.

C. No ticket will contain 4 or more like prize amounts.

D. No ticket will contain more than four "9" play symbols.

E. No ticket will contain one or more "9" symbols and three like prize symbols.

F. The "9" play symbol will only appear on intended winning tickets as dictated by the prize structure.

G. Tickets can only win once (and will win only the highest amount shown).

2.3 Procedure for Claiming Prizes.

A. To claim a "FIND THE 9'S" Instant Game prize of $1.00, $2.00, $3.00, $5.00, $9.00, $19.00, $30.00, $50.00, $90.00, or $300, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $30.00, $50.00, $90.00, or $300 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "FIND THE 9'S" Instant Game prize of $999, 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 "FIND THE 9'S" 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 of Public Accounts, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

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

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

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

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

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

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "FIND THE 9'S" 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 "FIND THE 9'S" 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, §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 20,160,000 tickets in the Instant Game No. 698. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 698 - 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 698 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. 698, 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-200601844

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: March 28, 2006


Instant Game Number 725 "Spicy Cash Tripler"

1.0. Name and Style of Game.

A. The name of Instant Game Number 725 is "SPICY CASH TRIPLER." The play style is "key number match with tripler."

1.1. Price of Instant Ticket.

A. Tickets for Instant Game Number 725 shall be $3.00 per ticket.

1.2. Definitions in Instant Game Number 725.

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: 01, 02, 04, 05, 06, 07, 08, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 3X, 9X, $1.00, $3.00, $6.00, $9.00, $10.00, $15.00, $18.00, $24.00, $30.00, $60.00, $90.00, $300, $3,300 and $33,000.

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

Figure 1: GAME NO. 725 - 1.2D

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

Figure 2: GAME NO. 725 - 1.2E

Low-tier winning tickets use the required codes listed in Figure 2. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2 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 digit number appearing under the latex scratch-off covering on the front of the ticket. There is a boxed four digit Security Number placed randomly within the Serial Number. The remaining nine 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 $3.00, $6.00, $9.00, $15.00, $18.00 or $24.00.

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

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

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

K. Pack-Ticket Number--A 13 digit number consisting of the three digit game number (725), a seven digit pack number, and a three digit ticket number. Ticket numbers start with 001 and end with 125 within each pack. The format will be: 725-0000001-001.

L. Pack--A pack of "SPICY CASH TRIPLER" Instant Game tickets contains 125 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one. Ticket 001 will be shown on the front of the pack; the back of ticket 125 will be revealed on the back of the pack. 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 "SPICY CASH TRIPLER" Instant Game Number 725 ticket.

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

2.1. Instant Ticket Validation Requirements.

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

1. Exactly 33 Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

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

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

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

16. Each of the 33 Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

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

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

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

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

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

2.2. Programmed Game Parameters.

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

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

C. Non-winning prize symbols will not match a winning prize symbol on a ticket.

D. Non-winning tickets will not contain more than two like prize amounts.

E. No duplicate SPICY CASH NUMBERS will appear on a ticket.

F. The "3X" and "9X" symbols will never appear as a "SPICY CASH NUMBER."

G. The "3X" symbol will win 3 times the prize amount shown and will win as per the prize structure.

H. The "9X" symbol will win 9 times the prize amount shown and will win as per the prize structure.

I. YOUR NUMBERS will never equal the corresponding Prize symbol.

2.3. Procedure for Claiming Prizes.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2.7. Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §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 4,080,000 tickets in the Instant Game Number 725. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 725 - 4.0

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

5.0. End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game Number 725 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 Number 725, 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-200601816

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: March 27, 2006


North Central Texas Council of Governments

Request for Proposals for the Hurst-Euless-Bedford Transit Pilot Project

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

The North Central Texas Council of Governments (NCTCOG) received a Federal Transit Administration (FTA) Job Access/Reverse Commute (Section 3037) Grant in 2001. The purpose of the funding is to provide new or expanded transportation services to employment and employment related opportunities. The grant reimburses fifty percent (50%) of the total cost for eligible trips. NCTCOG is seeking written proposals from transportation providers to manage and operate a one-year pilot demand-responsive transportation service within the Cities of Hurst, Euless and Bedford that will serve employment related opportunities. The provider will be responsible for scheduling, dispatch, and general operation of the service. Additionally, the provider will work with NCTCOG staff to provide monthly ridership and cost-analysis data. Extension of service beyond one year will be evaluated at the end of the pilot program.

Due Date

Proposals must be received no later than 5 p.m. Central Daylight Time on Friday, April 28, 2006, to Michelle Bloomer, Principal Transportation Planner, North Central Texas Council of Governments, 616 Six Flags Drive, Arlington, Texas 76011 or P.O. Box 5888, Arlington, Texas 76005-5888. For copies of the Request for Proposals, contact Therese Bergeon, at (817) 695-9267.

Contract Award Procedures

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

Regulations

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

TRD-200601883

R. Michael Eastland

Executive Director

North Central Texas Council of Governments

Filed: March 29, 2006


Texas Parks and Wildlife Department

Notice of Correction

The Texas Parks and Wildlife Department (TPWD) submitted a Notice of Adoption for 31 TAC §57.921 for publication in the March 31, 2006, issue of the Texas Register (31 TexReg 2862). Due to a clerical misunderstanding, TPWD inadvertently omitted from the preamble the following language:

"Although the department has determined that the requirements of Government Code, §2001.0225, do not apply to this rulemaking, a final regulatory impact analysis (RIA) is nonetheless provided. TPWD finds that, compared to the alternative proposals considered and rejected, the rule will result in the best combination of effectiveness in obtaining the desired results and of economic costs not materially greater than the costs of any alternative regulatory method considered. Having considered all relevant data and public comment, the department also finds that the draft RIA contained in the preamble of the proposed rule forms a sufficient basis for the prohibition of seagrass uprooting rather than the establishment of mandatory no-propeller zones or no regulatory action."

TRD-200601858

Ann Bright

General Counsel

Texas Parks and Wildlife Department

Filed: March 28, 2006


Texas Department of Public Safety

Hazard Mitigation Grant Program for the Texas Wildfires Disaster DR-1624

The President has declared a major disaster (DR-1624) as a result of the ongoing Winter Wildfire Threat. Because of this, the federal Hazard Mitigation Grant Program (HMGP) is available statewide. HMGP provides funding for mitigation projects, such as the acquisition of damaged properties in the floodways and floodplains, construction projects designed to reduce future losses to people and property, and the individual safe room rebate program.

The State has established the following deadline: Notices of Interest (NOIs) for HMGP project grants must be submitted/postmarked by Friday, April 14, 2006.

The standard Notice of Interest and Hazard Mitigation Team Report form is to be used. The NOI form, as well as instructions for completing the form (Mitigation Job Aid #1) are available to download from the hazard mitigation documents on the Division of Emergency Management (DEM) web site at http://www.txdps.state.tx.us/dem/documents.htm#mitigation. After processing NOI submissions, the Division of Emergency Management will provide application guidance, points of contact, and the postmark deadline for the return of completed project applications. The project officer will initially review all applications for eligibility, completeness, and satisfaction of all federal and State requirements. The State Hazard Mitigation Team evaluates and recommends their selection to the Governor's Authorized Representative, whose final selection will be submitted by the State, to FEMA for approval.

Please refer e-mail NOI forms and questions to:

Texas Wildfire HMGP Project Officer

Hildy Soper

Phone (512) 424-2454

E-mail: hildy.soper@txdps.state.tx.us

If mailing or faxing in NOIs, send to:

Governor's Division of Emergency Management

Texas Department of Public Safety

P. O. Box 4087

Austin, Texas 78773-0226

FAX: (512) 424-5647

ATTN: Hildy Soper, HMGP Project Officer

TRD-200601842

Thomas A. Davis, Jr.

Director

Texas Department of Public Safety

Filed: March 28, 2006


Public Utility Commission of Texas

Announcement of Amendment to Application for State-Issued Certificate of Franchise Authority

The Public Utility Commission of Texas (commission) received an application on March 27, 2006, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to Public Utility Regulatory Act (PURA) §§66.001- 66.016. A summary of the application follows.

Project Title and Number: Application of Cable One, Inc. to Amend its State-Issued Certificate of Franchise Authority, Project Number 32556 before the Public Utility Commission of Texas.

Information on the application may be obtained by contacting the Public Utility Commission of Texas by mail at P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference Project Number 32556.

TRD-200601861

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 28, 2006


Notice of Application for Amendment to Certificated Service Area Boundary

Notice is given to the public of an application filed on March 15, 2006, with the Public Utility Commission of Texas (commission), for an amendment to a certificated service area boundary.

Docket Style and Number: Application of AT&T Texas (AT&T Texas) to Amend Certificate of Convenience and Necessity to Modify the Service Area Boundaries of the Bellville and Sealy Exchanges. Docket Number 32508.

The Application: This minor boundary amendment is being requested to update the common serving area boundary between AT&T Texas's Bellville and Sealy exchanges to accurately illustrate the way this boundary is being administered within Austin County, Texas.

Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas by April 14, 2006, by mail at P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 32508.

TRD-200601821

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 27, 2006


Notice of Application for Amendment to Certificated Service Area Boundary

Notice is given to the public of an application filed on March 27, 2006 with the Public Utility Commission of Texas (commission) for an amendment to a certificated service area boundary.

Docket Style and Number: Application of United Telephone Company of Texas d/b/a Sprint to Amend Certificate of Convenience and Necessity to Modify the Service Area Boundaries of Plantersville Exchange (Sprint) and the Waller Exchange (AT&T). Docket Number 32551.

The Application: The minor boundary amendment is being filed to realign the boundary between Sprint's Plantersville exchange and AT&T Texas' Waller exchange to allow Sprint to provide local exchange telephone service to a new subdivision currently under construction. AT&T Texas has provided a letter of concurrence endorsing this proposed change.

Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas by April 14, 2006, by mail at P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 32551.

TRD-200601866

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 28, 2006


Notice of Application for a Certificate to Provide Retail Electric Service

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on March 22, 2006, for retail electric provider (REP) certification, pursuant to Public Utility Regulatory Act (PURA) §§39.101 - 39.109. A summary of the application follows.

Docket Title and Number: Application of Tristar Gas Marketing Company for Retail Electric Provider (REP) certification, Docket Number 32532 before the Public Utility Commission of Texas.

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

Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than April 14, 2006. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 32532.

TRD-200601838

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 27, 2006


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

On March 22, 2006, ClearPath Telecom, Inc. filed an application with the Public Utility Commission of Texas (commission) to relinquish its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60451. Applicant intends to relinquish its certificate.

The Application: Application of ClearPath Telecom, Inc. to Relinquish its Service Provider Certificate of Operating Authority, Docket Number 32531.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P. O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than April 12, 2006. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 32531.

TRD-200601837

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 27, 2006


Notice of Application for Sale, Transfer, or Merger

Notice is given to the public of a joint application for sale, transfer, or merger filed with the Public Utility Commission of Texas (commission) on March 24, 2006, pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated §14.101 and §37.154 (Vernon 1998 & Supp. 2005) (PURA).

Docket Style and Number: Joint Application of AEP Texas Central Company and LCRA Transmission Services Corporation to Transfer Certificate Rights and for Approval of Transfer of Facilities in Cameron, Dimmit, Hidalgo, Maverick, and Starr Counties, Docket Number 32539.

The Application: On March 24, 2006, AEP Texas Central Company (AEP Central) and the LCRA Transmission Services Corporation (LCRA TSC) (collectively, Applicants) filed a joint application for approval of their proposal to transfer from AEP Central to LCRA TSC nine transmission facilities and associated certificate of convenience and necessity (CCN) rights. AEP Central holds CCN No. 30028 and LCRA TSC holds CCN No. 30110. The nine transmission facilities proposed for transfer are: the rebuilt La Grulla to Goodwin, Asherton to Conoco Tap, Conoco Tap to Escondido Cut-in, North Mercedes to Santa Rosa, Santa Rosa to Harlingen, Pharr to North Alamo, North Alamo to Weslaco Switch, and Weslaco Switch to North Weslaco transmission line segments and the newly built Escondido Cut-in to Escondido Station. AEP Central owns the nine transmission facilities in Cameron, Dimmit, Hidalgo, Maverick, and Starr Counties, which are being rebuilt or are newly built to increase transmission power capacity necessary to continue reliable transmission service in those areas. Approval of this application will enable LCRA TSC to include approximately $53.6 million of assets in its transmission plant and subsequently request rate treatment for the nine facilities, most likely through an interim capital addition filing. All of the Project Agreements were adapted from the Model Project Agreement in the Joint Development Agreement (JDA). With the exception of the particulars concerning the individual transmission facilities, the Project Agreements are virtually identical to the Model Project Agreements.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P. O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All correspondence should refer to Docket Number 32539.

TRD-200601839

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 27, 2006


Public Notice of Workshop on Rulemaking Proceeding to Amend P.U.C. Substantive Rule §26.412 - Lifeline Service and Link Up Service Programs

The staff of the Public Utility Commission of Texas (commission) will hold a workshop regarding its rulemaking project to amend P.U.C. Substantive Rule §26.412 - Lifeline Service and Link Up Service Programs, on Tuesday, April 11, 2006, at 9:30 a.m. in the Commissioners' Hearing Room, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. This rulemaking project was established in order to incorporate changes made by Senate Bill 5 and by the Federal Communications Commission's Order, WC Docket No. 03-109. Project Number 32162, Rulemaking Proceeding to Amend P.U.C. Substantive Rule §26.412- Lifeline Service and Link Up Service Programs , has been established for this proceeding.

On or about Tuesday, April 4, 2006, the commission staff will make available on its website (http://www.puc.state.tx.us/rules/rulemake/32162/32162.cfm) and in Central Records under Project Number 32162 an agenda for the format of the workshop and a copy of a strawman rule to be discussed.

The commission staff requests that persons planning to attend the workshop register by phone with Isabel Herrera, Communications Oversight Division, at (512) 936-7205.

Questions concerning the workshop or this notice should be referred to Liz Kayser, Commission Industry Oversight Division, (512) 936-7390. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200601805

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 24, 2006


Request for Comments

The staff of the Public Utility Commission of Texas (commission) requests interested persons to file replies to any prior comments filed in Project Number 31958 and to any comments made during the March 21, 2006, workshop. In particular, Commission Staff requests that interested persons address potential revisions to P.U.C. SUBST. R. §26.52 (relating to Emergency Operations) and §26.53 (relating to Inspections and Tests).

Responses may be filed by submitting 16 copies to the commission's Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326 by Wednesday, April 26, 2006.

Questions concerning this notice should be referred to James Kelsaw, Senior Network Analyst, Infrastructure Reliability Division, (512) 936-7338. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200601804

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 24, 2006


Texas Department of Transportation

Aviation Division - Request for Proposal for Professional Services

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

Airport Sponsor: The City of Granbury, Granbury Municipal Airport. TxDOT CSJ No. 06EAGRNBY. Scope: Provide an Environmental Assessment at the Granbury Municipal Airport.

The HUB goal is set at 0%. TxDOT Project Manager is Sandra Gaither.

Interested firms shall utilize the Form AVN-551, titled "Aviation Planning Services Proposal". The form may be requested from TxDOT Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, phone number, 1-800-68-PILOT (74568). The form may be emailed by request or downloaded from the TxDOT web site, URL address http://www.dot.state.tx.us/avn/avn551.doc . The form may not be altered in any way. All printing must be in black on white paper, except for the optional illustration page. Firms must carefully follow the instructions provided on each page of the form. Proposals may not exceed the number of pages in the proposal format. The proposal format consists of seven pages of data plus two optional pages consisting of an illustration page and a proposal summary page. Proposals shall be stapled but not bound in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.

ATTENTION: To ensure utilization of the latest version of Form AVN-551, firms are encouraged to download Form AVN-551 from the TxDOT website as addressed above. Utilization of Form AVN-551 from a previous download may not be the exact same format. Form AVN-551 is an MS Word Template.

Five completed, unfolded copies of Form AVN-551 must be postmarked by U. S. Mail by midnight April 27, 2006. Mailing address: TxDOT Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483. Overnight delivery must be received by 4:00 p.m. April 28, 2006. Overnight address: TxDOT Aviation Division, 200 E. Riverside Drive, Austin, Texas 78704. Hand delivery must be received by 4:00 p.m. April 28, 2006. Hand delivery address: 150 E. Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704. Please mark the envelope of the forms to the attention of Sheri Quinlan. Electronic facsimiles or forms sent by email will not be accepted.

The consultant selection committee will be composed of Aviation Division staff members. The final selection by the committee will generally be made following the completion of review of proposals. The committee will review all proposals and rate and rank each. Below are the criteria for evaluating planning proposals. All firms will be notified and the top rated firm will be contacted to begin fee negotiations. The selection committee does, however, reserve the right to conduct interviews for the top rated firms if the committee deems it necessary. If interviews are conducted, selection will be made following interviews.

If there are any procedural questions, please contact Sheri Quinlan, Grant Manager, or Sandra Gaither, Project Manager for technical questions at 1-800-68-PILOT (74568).

TRD-200601881

Jack Ingram

Associate General Counsel

Texas Department of Transportation

Filed: March 29, 2006


Public Notice - Aviation

Pursuant to Transportation Code, §21.111, and Title 43, Texas Administrative Code, §30.209, the Texas Department of Transportation conducts public hearings to receive comments from interested parties concerning proposed approval of various aviation projects.

For information regarding actions and times for aviation public hearings, please go to the following web site: http://www.dot.state.tx.us . Click on Aviation, then click on Aviation Public Hearing. Or, contact Joyce Moulton, Aviation Division, 150 East Riverside, Austin, Texas 78704, (512) 416-4501 or 800-68 PILOT.

TRD-200601843

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: March 28, 2006


Request for Qualifications

Pursuant to the authority granted under Texas Transportation Code, Chapters 223 and 227, (the "Enabling Legislation"), the Texas Department of Transportation ("TxDOT") may enter into comprehensive development agreements for the development, design, construction, financing, maintenance, or operation of a facility or a combination of facilities on the Trans-Texas Corridor. The Enabling Legislation authorizes private involvement in toll projects and other eligible projects, and provides a process for TxDOT to solicit proposals for such projects. Transportation Code, §223.203 prescribes requirements for a solicited proposal and requires TxDOT to publish a request for qualifications in the Texas Register that includes the criteria that will be used to evaluate the qualifications submittals, the relative weight given to the criteria, and a deadline by which the qualifications submittals must be received. The Texas Transportation Commission (the "Commission") has promulgated rules located at Title 43, Texas Administrative Code, §§27.1-27.6 (the "Rules"), governing the submission and processing of solicited proposals and providing for publication of notice that TxDOT is requesting qualifications submittals for development of an eligible project with private involvement. The Commission has decided to issue a request for qualifications to acquire, develop, design, finance, construct, reconstruct, extend, expand, maintain and operate a combination of facilities (in whole or in part), which together constitute the I-69/Trans Texas Corridor ("I-69/TTC"), as well as other potential facilities to the extent necessary for connectivity and financing (the "Project"), through a Comprehensive Development Agreement ("CDA"). The I-69/TTC is a planned multimodal transportation facility extending from northeast Texas to the border with Mexico at Laredo and/or the Rio Grande Valley. I-69/TTC is essentially the joining of I-69 (a nationally-designated Interstate highway corridor) and the Trans-Texas Corridor, a high-capacity, high-speed multimodal transportation system in Texas. I-69/TTC will be developed under the Trans-Texas Corridor master plan. The initial study area for I-69/TTC was determined in the FHWA's Corridor 18 and Corridor 20 studies. I-69 will enter Texas at a yet-to-be determined point southwest of Shreveport, Louisiana, will serve the Houston area, and will continue south to the border. A branch corridor from the vicinity of Carthage, Texas will proceed north to I-30 near Texarkana, Texas. In south Texas, three corridors are to be studied. One is generally parallel to US 59 to Laredo, one parallels US 77 from Victoria to Brownsville (Rio Grande Valley), and the third parallels US 281 from the vicinity of George West to McAllen (Rio Grande Valley). The Project will be further defined through the environmental approval process.

On February 23, 2006, in Minute Order 110436, the Commission authorized TxDOT to commence the solicited proposal procurement process for the Project under the Enabling Legislation. This notice represents the next step in the process.

Through this notice, TxDOT is seeking qualifications submittals ("QS") in response to a request for qualifications ("RFQ"). TxDOT intends to evaluate any QS received and may request submission of a detailed proposal, potentially leading to negotiation, award, and execution of a comprehensive development agreement. TxDOT will accept for consideration any QS received in accordance with the Rules within 61 days of the publication of this notice. TxDOT anticipates issuing the RFQ, receiving and analyzing the QSs, developing a shortlist of proposing entities or consortia, and issuing a request for detailed proposals ("RFDP") to the shortlisted entities. After review and a best value evaluation of the responses to the RFDP, TxDOT may negotiate and enter into a comprehensive development agreement for the project.

RFQ Evaluation Criteria . QSs will be evaluated by TxDOT for shortlisting purposes using the following general criteria: relative strength and depth of entity qualifications, personnel qualifications, financial qualifications and legal qualifications; relative strength, feasibility and desirability of the proposed conceptual project development plan; and relative strength, feasibility and desirability of the proposed conceptual business analysis and financing plan. The specific criteria under the foregoing categories will be identified in the RFQ, as will the relative weighting of the criteria.

Release of RFQ and Due Date . TxDOT currently anticipates that the RFQ will be available on April 7, 2006. The RFQ will include a conceptual project concept. Copies of the RFQ will be available at TxDOT's Headquarters office located at 125 E. 11th Street, 5th Floor, Austin, Texas 78701, or on the following website: http://www.dot.state.tx.us . QSs will be due on June 7, 2006 at the address specified in the RFQ.

TRD-200601880

Jack Ingram

Associate General Counsel

Texas Department of Transportation

Filed: March 29, 2006


The University of Texas System

Notice After Entering Into Major Consulting Services Contract

The University of Texas Health Science Center at Houston, in accordance with the provisions of Texas Government Code , Chapter 2254, entered into a contract for consulting services (the "Contract") with Cascade Consultation ("Consultant") as more particularly described in the Invitation for Offer No. 744-6002, Consultation Services-School of Health Information Services published in the December 16, 2005, issue of the Texas Register (30 TexReg 8508).

Project Description:

In accordance with the Invitation and Consultant's response thereto, Consultant shall provide University with Strategic Planning, Executive Coach (Leadership/Executive Communication Cultural Integration/Development), and Leadership Development.

Name and Address of Consultant:

Cascade Consultation, 28150 S.E. Highway # 212, Boring, Oregon 97009

Total Value of the Contract:

The contract stipulates payment of $35,000.00 annually for five years for a cumulative total of $175,000 and includes a provision that either party can cancel the contract with a 30-day notice.

Contract Dates:

The contract was effective March 8, 2006 and the last day of the contract is August 31, 2011.

Due Dates for Contract Products:

The Contract terminates on August 31, 2011. No specific document, films records, or reports are required.

TRD-200601777

Francie A. Frederick

Counsel and Secretary to the Board

The University of Texas System

Filed: March 23, 2006