Texas Department of Agriculture
Request for Proposals: Food and Fibers Research Grant Program
Statement of Purpose.
The Texas Department of Agriculture (TDA) is requesting proposals for projects
for the Food and Fibers Research Grant Program (FFRGP) (formerly the Texas
Food and Fibers Commission research program). The FFRGP is administered by
TDA under the direction of the Food and Fibers Research Council (Council).
The purpose of this program is to provide a vehicle for the Texas fibers and
oilseeds industries to facilitate and support applied research in Texas by
engaging in surveys, research, and investigations relating to the use of cotton
fiber, cottonseed, oilseed products, other products of the cotton plant, wool,
mohair, and other textile products. Funded projects are expected to yield
applicable results within 1 - 6 years.
Submission Dates/Locations.
Forms required for submitting a proposal are available by accessing TDA's
website at: www.agr.state.tx.us, or by e-mailing the FFRGP at: ffrgp@agr.state.tx.us.
One hard copy and one electronic copy of the proposal in Microsoft Word format
must arrive no later than 5:00 p.m. on
May 1, 2006,
to the following: Texas Department of Agriculture, Food and Fibers
Research Grant Program, Attn: Karen Reichek, P. O. 12847, Austin, Texas 78711.
The electronic copy shall be e-mailed to: ffrgp@agr.state.tx.us.
Eligibility.
Grant proposals will be accepted from any state-supported university, state
agency, or federal agricultural agency located in the State of Texas.
Funding Areas.
All proposals must meet at least one topical area listed below:
1.
Cotton research related to cotton production,
quality, and processing;
2.
Sheep and goat research related to wool
and mohair production, quality, and processing;
3.
Food protein and nutrition research related
to cottonseed or peanut production, quality, processing, and consumption;
and
4.
Textile and natural fibers utilization
research related to cotton, wool, and mohair textile production, quality,
and utilization.
Proposal Requirements.
Funding Limitations:
It is anticipated that most projects will be funded in a range of $15,000
- $40,000 per year. Projects that exceed this range must have strong justification
and a potential for providing significant, demonstrable benefits to Texas
agriculture. Projects will be awarded for
one
year
(September 1, 2006 - August 31, 2007). Projects may be re-submitted in subsequent
years for continued funding.
TDA reserves the right to fund proposals partially or fully. Where more
than one proposal on an eligible research topic is acceptable for funding,
TDA may request cooperation between grantees or revision/adjustment to a proposal
in order to avoid duplication and to realize the maximum benefit to the state.
Form Requirements:
Proposals must be submitted on forms FF-100, FF-101, and FF- 102 for consideration.
FF-100, Proposal Contact Information shall not exceed 2 pages.
FF-101, Proposal shall not exceed 3 pages.
FF-102, Proposal Budget shall not exceed 1 page.
The required forms are available by accessing TDA's website or by e-mailing
the FFRGP at: ffrgp@agr.state.tx.us.
Technical Requirements:
Include the following items:
1. Cover Page - Do Not Exceed Two Pages.
Include
title, performing institution, principal investigator contact information,
responsible contracts officer information, duration, amount requested, if
this is a continuing project, cooperating investigators and their experience.
2. Research Proposal - Do Not Exceed Three Pages.
Include the following:
A.
Project Title;
B.
Principal Investigator;
C.
Background - Statement of the research
problem and its general background;
D.
Objectives - Concise outline of specific,
feasible research objectives;
E.
Research Plan - Strategies, procedures,
and methodologies used in addressing the questions asked; and
F.
Benefits - Description of the expected
results and their anticipated contributions to agriculture in Texas.
3. Performance and Budget Information.
Include
the following:
A.
Project Title;
B.
Principal Investigator;
C.
Published Reports - Estimated number of
reports that will be published or presented during the funding period;
D.
Expenditure Table - Include categories
of Salary, Contracts, Travel, Materials and Operating Expenses, and Equipment.
Round budget items to the nearest $100. Include a total project budget, as
well as separate budgets for each institution (if a joint project with one
or more universities). An example is available from the TDA website: www.agr.state.tx.us.
E.
Supporting Funds Table - The FFRGP does
not have a specific supporting funds requirement, but the ability of a project
to claim supporting funds will be a positive factor in the review process.
Supporting funds must be documented on the budget submission form and reported
on a quarterly basis; and
F.
Indirect Costs - The FFRGP will not pay
for indirect costs, but indirect costs may be claimed as Supporting Funds.
See "E." above.
Budget Information:
FFRGP projects are paid on a cost reimbursement basis.
1. Eligible Expenses.
Generally, expenses
that are necessary and reasonable for proper and efficient performance and
administration of a project are eligible. Expenses must be properly documented
with sufficient backup detail, including copies of invoices. Examples of eligible
expenditures are:
Personnel costs - both salary and benefits;
Travel - domestic (Reimbursement for foreign travel is discouraged);
Equipment - nonexpendable, tangible personal property having a useful life
of more than one year and an acquisition cost of $5,000 or more; and
Supplies and direct operating expenses - equipment that costs less than
$5,000 per unit, research and office supplies, postage, telecommunications,
printing, etc.
2. Ineligible Expenses.
The FFRGP does not
allow funds to be used for indirect/overhead costs. Expenses that are prohibited
by state or federal law are ineligible.
Examples of these expenditures are:
Alcoholic beverages;
Entertainment;
Contributions, charitable or political;
Expenses falling outside of the contract period;
Expenses for expenditures not listed in the project budget; and
Expenses that are not adequately documented.
3. Description of the Budget.
Present an
overall project budget, as well as a separate budget for each institution
participating in a joint project. Include the following items in the budget
description:
A.
Personnel services:
Grant funds may be used for directly supporting salaries and wages
of investigators, co-investigators, graduate, and technical assistants. Support
personnel can receive salaries and social/fringe benefits in proportion to
the time devoted to the research project.
B.
Professional/Contractual:
Any contract or agreement entered into by a grantee that obligates
grant funds must be in writing and consistent with Texas contract law. Grantees
must maintain adequate documentation supporting budget items for a contractor's
time, services, and rates of compensation.
C.
Travel:
Grant
funds used for travel expenses, domestic or foreign, must be limited to the
State of Texas established mileage, per diem, and lodging policies. Reimbursement
for foreign travel is discouraged, but may be paid on a case-by-case basis.
To be eligible for reimbursement, foreign travel shall be approved in advance
by the Director of the FFRGP.
D.
Supplies and
Direct Operating Expenses:
Expenses that are directly related to the
grantee's day-to-day operation of the grant project that are not included
in any of the Grantee's other standard budget categories and has an acquisition
cost of less than $5,000 per unit. Grantees must allocate costs on a prorated
basis for shared usage, including research and office supplies, postage, telecommunications,
and printing. Items considered controlled by the State of Texas and have a
value between $500 and $4999, will be considered property of TDA and will
be subject to TDA inventory reporting requirements.
E.
Equipment:
Defined
as tangible personal property having a useful life of more than one year and
an acquisition cost of $5,000 or more per unit. Applicants must submit with
their grant applications a list of all proposed equipment purchases for approval.
Grantees are not authorized to purchase any equipment until they have received
written approval to do so from the Director of the FFRGP through the original
grant award or a subsequent grant adjustment notice. The FFRGP may refuse
any request for equipment. Decisions regarding equipment purchases are made
based on whether or not the grantee has demonstrated that the requested equipment
is necessary, essential to the successful operation of the grant project,
and reasonable in cost. Equipment purchased with FFRGP funds remains the property
of TDA and is subject to TDA inventory reporting requirements.
F.
Supporting Funds:
The FFRGP is required by the Texas Legislature to report the supporting
funds its projects receive. These supporting funds include other grants for
the same or related projects, in-kind contributions of salary, materials,
and/or equipment usage, and overhead attributable to the project. Quarterly
reports of actual supporting funds and in-kind contributions will be required
throughout the year detailing the source and amount.
Evaluation of Proposals.
One or more review panels may evaluate the proposals, including the Council.
The proposals will be evaluated on the following elements:
1.
the scientific and technological merit
of the proposal;
2.
the potential of meeting the applied research
requirement with expected application of useful results for agriculture within
1 - 6 years of the project's initiation;
3.
the feasibility of the objectives;
4.
the anticipated benefits to agriculture
and the environment in Texas;
5.
the requested budget in relation to the
research plan; and
6.
the ability to leverage additional funds.
Award Information and Notification.
The Council will approve projects for funding by the FFRGP. The FFRGP reserves
the right to accept or reject any or all proposals submitted. TDA and the
Council are under no legal or other obligation to execute a grant on the basis
of a submitted RFP. TDA shall not pay for any costs incurred by any entity
in responding to this RFP.
The public announcements and written notifications will be made to all
applicants and their affiliated research institution. Favorable decisions
will indicate the amount of award, duration of the grant, and any special
conditions associated with the project.
General Compliance Information.
1.
Prior to accepting the research grant
and signing the contract agreement, researchers will be provided a copy of
the TDA reporting requirements for their review. This document will explain
billing procedures, quarterly and annual reporting requirements, procedures
for requesting a change in the project scope or budget, and other miscellaneous
items.
2.
Any delegation by the Grantee to a subcontractor
regarding any duties and responsibilities imposed by the grant award shall
be approved in advance by TDA and shall not relieve the Grantee of its responsibilities
to TDA for the performance thereof.
3.
All grant awards are subject to the availability
of appropriations and authorizations by the Texas Legislature, TDA and the
Council.
4.
Any information or documentation submitted
to TDA as part of the project grant proposal is subject to disclosure under
the Texas Public Information Act.
5.
While FFRGP attempts to observe the strictest
confidence in handling the research proposals, it cannot guarantee complete
confidentiality on any matters that lie beyond its control. The confidentiality
of recipient's "proprietary data" so designated shall be strictly observed
to the extent permitted by appropriate Texas laws, including the Texas Public
Information Act. There shall be no restriction on the publication of research
results except when taking into consideration effects of prior publication
on possible subsequent patent and license to use copyrighted material.
6.
Universities shall control the ownership
and disposition of all patentable products and inventories under an agreement
with TDA. A copy of the intellectual property policy should be available to
the FFRGP prior to September 1, 2006.
7.
Grant recipients must submit information
on their funded project to the Texas Agricultural Research Database.
8.
Awarded grant projects must remain in
full compliance with state and federal laws and regulations or be subject
to termination at the discretion of TDA.
9.
Grant recipients must keep a separate
bookkeeping account with a complete record of all expenditures relating to
the research project. Records shall be maintained for three years after the
completion of the research project or as otherwise agreed upon with TDA. TDA
and the Texas State Auditor's Office reserve the right to examine all books,
documents, records, and accounts relating to the research project at any time
throughout the duration of the agreement and for three years immediately thereafter.
If there has been any litigation, claim, negotiation, audit or other action
started prior to the expiration of the three-year period involving the records,
then the records must be retained until the completion of the action and resolution
of all issues which arise from it, or until the end of the regular three-year
period, whichever is later. TDA and the Texas State Auditor's Office reserve
the right to inspect the research locations and to obtain from the research
team full information regarding all project activities.
10.
If the Grantee has a financial audit
performed in any year during which the Grantee receives funds from Grantor;
and if the Grantor requests information about the audit, the Grantee shall
provide such information TDA or provide information as to where the audit
report can be publicly viewed, including the audit transmittal letter, management
letter, and any schedules in which the Grantee's funds are included.
11.
In accordance with Texas Government Code
Ann., §783.007, grant awards to Texas, institutions shall comply in all
respects with the Uniform Grant Management Standards (UGMS). A copy may be
downloaded from the following website: www.governor.state.tx.us/divisions/stategrants/guidelines/files/U
GMS012001.doc.
12.
Grant management guidelines for FFRGP
grants will be published under separate cover.
For any questions:
Please contact Ms. Karen
Reichek at (512) 936-2450 or by e-mail at: ffrgp@agr.state.tx.us .
TRD-200601290
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Filed: March 1, 2006
Notice of Contract Award
This publication is filed pursuant to Texas Government Code, Section 2254.030.
The Request for Proposal was published in the December 16, 2005 issue of the
DESCRIPTION OF ACTIVITIES OF PRIVATE CONSULTANT:
The Office of the Attorney General of Texas (the "OAG") has entered into
a major consulting services contract for the following services:
The OAG administers millions of dollars of federal funds for the Child
Support (Title IV-D) and Medicaid (Title XIX) programs. The OAG recoups its
indirect costs from these federal programs based on rates approved by the
United States Department of Health and Human Services ("HHS"). Contractor
will review the indirect cost methodologies of the OAG to determine areas
of cost recovery which will maximize revenue from the recovery of indirect
costs and will develop indirect cost rates throughout the OAG, as appropriate.
Contractor will prepare Indirect Cost Allocation Plans for FY05 (based on
actual expenditures) and for FY07 (based on budgeted expenditures) in accordance
with OMB Circular A-87, for submission to HHS for federal approval and will
negotiate approval of those plans with HHS. Contractor will also analyze existing
legal billing rates of the OAG for purposes of reconciling those existing
rates with actual costs of the OAG in providing the legal services and will
provide to the OAG a report of that reconciliation. Contractor will develop
the FY07 billing rates for legal services. Contractor will negotiate with
HHS for approval of the FY07 billing rates. Finally, Contractor will provide
guidance to the OAG in the implementation of these plans and billing rates.
NAME AND BUSINESS ADDRESS OF PRIVATE CONSULTANT:
The private consultant engaged by the OAG for these activities is Maximus,
Inc., whose business address is 13601 Preston Road, Suite 201E, Dallas, TX
75240.
TOTAL VALUE AND TERM OF THE CONTRACT:
The total value of the contract is $49,000. The term of the contract began
on February 21, 2006, and will terminate on August 31, 2006, unless federal
approval is still pending for the plans. In such case, the contract will continue
until August 31, 2007 for the sole purpose of obtaining the necessary federal
approval.
DATES ON WHICH REPORTS ARE DUE:
The Indirect Cost Allocation Plans must be submitted to HHS no later than
April 28, 2006. The final report regarding the FY07 billing rates for legal
services must be submitted to the OAG no later than August 31, 2006.
For information regarding this publication, contact
Lauri Saathoff, Agency Liaison, at (512) 463-2096.
TRD-200601020
Stacey Schiff
Deputy Attorney General
Office of the Attorney General
Filed: February 24, 2006
Request for Proposals
The Capital Area Rural Transportation System (CARTS) requests proposals
from firms qualified to serve as the System Integrator to coordinate and oversee
the deployment of the "swipe-card" portion of the CARTS Lone Star Card project,
including, but not limited to the identification of an appropriate acquirer
and an acquirer-approved Point of Sale (POS) terminal for CARTS buses.
Any contract entered into as a result of this RFP is subject to a financial
assistance contract between CARTS and the Federal Transit Administration,
and the successful proposer will satisfy all pertinent regulations and requirements
pursuant to that agreement.
Requests for electronic copies of the RFP should be directed to Dave@RideCARTS.com
with "Request for SI RFP" as the subject line of the e-mail request.
For print copies requests should be sent to: David Marsh, CARTS, P. O.
Box 6050, Austin, TX 78762. No faxes or phone calls accepted.
A pre-proposal conference will be conducted at the CARTS headquarters in
Austin on March 20, 2006 at 2:00 p.m. Proposal submittals are due by 3:00
p.m. on April 19, 2006.
TRD-200601001
Dave Marsh
General Manager
Capital Area Rural Transportation System
Filed: February 24, 2006
Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program
On January 10, 1997, the State of Texas received federal approval of the
Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under
federal law, federal agency activities and actions affecting the Texas coastal
zone must be consistent with the CMP goals and policies identified in 31 TAC
Chapter 501. Requests for federal consistency review were deemed administratively
complete for the following project(s) during the period of February 17, 2006,
through February 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 1, 2006.
The public comment period for these projects will close at 5:00 p.m. on March
31, 2006.
FEDERAL AGENCY ACTIONS:
Applicant: Flint Hills Resources
; Location:
The project is located at the south end of FM 1069 on the north side of the
Corpus Christi Ship Channel (CCSC) between Naval Station Ingleside and Gulf
Marine Fabricators and Baker Marine Corporation, Ingleside-on-the-Bay, on
the San Patricio/Nueces County Line, Texas. The project can be located on
the U.S.G.S. quadrangle map entitled: Port Ingleside, Texas. Approximate UTM
Coordinates in NAD 27 (meters): Zone 14; Easting: 677265; Northing: 3078310.
Project Description: The applicant requests authorization to amend an existing
permit to allow the renovation of an existing dock terminal facility. The
renovation includes the replacement of an existing dock, trestle, and pipe
support structure (pipe rack) and demolition of the existing structures. The
Department of the Army issued Permit No. 13763 on October 18, 1979, authorizing
modifications to an existing, grandfathered dock facility and construction
of several ship breasting dolphins. Amendment 13763(01) was issued January
28, 1993, authorizing the addition of a boom dock. In this request, the applicant
proposes to construct a new trestle and pipe rack approximately 100 feet east
of the existing structure. CCC Project No.: 06-0173-F1; Type of Application:
U.S.A.C.E. permit application #13763(02) is being evaluated under §10
of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).
Applicant: Jefferson County Drainage District 6
; Location: The project is located in various water bodies, including
Green Pond Gully, Willow Slough, and Taylor Bayou, southwest of the City of
Beaumont, in Jefferson County, Texas. The project can be located on the U.S.G.S.
quadrangle maps entitled: Star Lake, Alligator Hole Marsh, and Fannett West,
Texas. Approximate center UTM Coordinates in NAD 27 (meters) at the Green
Pond/Gilbert Woods Detention facility: Zone 15; Easting: 374000; Northing:
3312000. Approximate center UTM Coordinates in NAD 27 (meters) for the Needmore
Diversion Channel: Zone 15; Easting: 374000; Northing: 3312000. Project Description:
The applicant proposes to construct flood control improvements to Green Pond
Gully and Taylor Bayou, including regional detention and levee construction,
channel improvements, and the construction of a diversion channel from near
the confluence of the North and South Forks of Taylor Bayou south to the Gulf
Intracoastal Waterway (GIWW). The project will result in the direct impact
to 692.41 acres of wetlands.
The Green Pond Detention Basin, levee construction, channel modifications,
and Needmore Diversion Channel will be undertaken as part of flood reduction
measures for the Taylor Bayou watershed. The Green Pond Detention Basin is
a proposed 9,000-acre, aboveground detention facility located between Lawhorn
Road, Farm-to-Market Road (FM) 365, South China Road, and Gallier Canal, with
a maximum storage capacity of 15,000 acre-feet. The proposed Needmore Diversion
Channel is a 63,000-foot-long, 14-foot-deep, 200-foot-wide-bottom channel
within a 1,000-foot-wide right-of-way extending from near the confluence of
the North and South Forks of Taylor Bayou to the GIWW. Rectification of several
man-made channel restrictions are proposed along portions of the North Fork
of Taylor Bayou at Craigen Road, State Highway (SH) 124, Interstate Highway
(IH) 10, between Crystal Lakes, and between IH 10 and Green Pond Gully to
restore and improve the flood flow characteristics of the waterway.
The applicant proposes to discharge fill into a total of 692.41 acres of
jurisdictional wetlands for construction of the Green Pond Detention Basin,
Needmore Diversion, and channel modifications at the above locations. Information
regarding the proposed impacts and the applicant's assessment of the quality
of these areas and the proposed mitigative ratios are available from the Texas
General Land Office upon request. To offset impacts for the project, the applicant
proposes to set aside 529 acres of wetlands adjacent to Spindletop Bayou within
a 640-acre tract to be used for preservation. The remainder of the 640-acre
tract is also entirely wetlands and was previously authorized to be used as
partial compensation for impacts associated with the Mayhaw Diversion Channel
project under Department of the Army Permit 22644. The 529 acres of the Spindletop
Bayou site and an additional 1900+ acres within the Green Pond facility are
proposed to be placed under a restrictive covenant. The composition of the
1900+ acres within the Green Pond detention facility includes a mix of forested
wetlands and uplands. The applicant also proposes to create a total of 44
acres of wetlands and riparian forest within or adjacent to the Needmore Diversion
with the construction of 40 acres of wetland shelf within the channel and
4 acres of riparian wooded corridor along the east border of the channel from
Taylor Bayou south to Willow Slough. This will result in the preservation
of 2,498.62 acres of land, including wetlands, for mitigation to compensate
for impacts to 692.41 acres of waters. CCC Project No.: 06-0176-F1; Type of
Application: U.S.A.C.E. permit application #22643 is being evaluated under
§10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and
§404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency
review for this project may be conducted by the Texas Commission on Environmental
Quality under §401 of the Clean Water Act.
Applicant: Erskine Energy, LLC
; Location:
The project is located within Galveston Bay, in State Tract (ST) 5-8A, in
Chambers County, Texas. The project can be located on the U.S.G.S. quadrangle
map entitled: Umbrella Point, Texas. Approximate UTM Coordinates in NAD 27
(meters): Zone 15; Easting: 239167; Northing: 3285286. Project Description:
The applicant proposes amend Permit No. 23871(01) to add the discharge of
approximately 3,000 cubic yards of shell, gravel, or crushed rock to construct
a 450-foot-long by 90-foot-wide by at most a 2-foot-deep pad to position a
marine barge. Total acreage of proposed fill will be 0.92 acre. CCC Project
No.: 06-0179-F1; Type of Application: U.S.A.C.E. permit application #23871(02)
is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33
U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344).
Note: The consistency review for this project may be conducted by the Texas
Railroad Commission under §401 of the Clean Water Act.
Applicant: Erskine Energy, LLC
; Location:
The project site is located within Galveston Bay, in State Tract (ST) 6-7A,
approximately 12 miles easterly of Baytown, Chambers County, Texas. The project
can be located on the U.S.G.S. quadrangle map entitled: Umbrella Point, Texas.
Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 326948;
Northing: 3286059. Project Description: The applicant proposes to amend Permit
No. 23872(01) to add the discharge of approximately 1,667 cubic yards of shell,
gravel, or crushed rock to construct a 250-foot-long by 90-foot-wide by at
most a 2-foot-deep pad to position a marine barge. Total acreage of proposed
fill will be 0.51 acre. CCC Project +No.: 06-0180-F1; Type of Application:
U.S.A.C.E. permit application #23872(02) is being evaluated under §10
of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404
of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review
for this project may be conducted by the Texas Railroad Commission under §401
of the Clean Water Act.
Applicant: Michael Johnson
; Location: The
project is located adjacent to the so-called Port Isabel Side Channel (PISC),
at Tract D, approximately 0.3 miles south of the intersection of Port Road
and State Highway 100 in the City of Port Isabel, Cameron County, Texas. The
project can be located on the U.S.G.S. quadrangle map entitled: Port Isabel,
Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 678700;
Northing: 2884218. Project Description: The applicant proposes to develop
an 18.76-acre property to provide 50 waterfront home sites with adjacent small
boat docking and access to the Gulf Intracoastal Waterway by opening an existing
channel presently separated from the PISC by a 75-foot-wide earthen berm.
Historically, the channel within the property was dug with the intention
of connecting it with the PISC and using it for commercial and/or industrial
purposes. The site was never developed, and the channel was never connected.
The existing channel is filled with hyper-saline water, is approximately 100
feet wide from water's edge to water's edge, and is surrounded by a band of
wetlands that are approximately 5 feet wide. The depth of the existing channel
at its center is approximately -9.0 feet mean high tide (MHT). The applicant's
agent delineated a total of 1.004 acres of estuarine inter-tidal scrub-shrub
wetlands on the property and a U. S. Army Corps of Engineers (Corps) representative
verified the agent's delineation.
The applicant proposes to construct a bulkhead along the interior of the
separated channel, behind the channel's adjacent wetlands, and along the PISC
behind the wetlands. The applicant would mechanically dredge approximately
1,400 cubic yards of material in the channel to construct an approximate 40
by 175-foot turning basin at the west end of the channel and to make the channel
bottom uniformly sloped from the edge of the proposed bulkhead to a depth
of -9.5 feet MHT. The 1.004-acre wetland would be affected by the excavation
activities to "clear out" the channel. The applicant also proposes to remove
approximately 3,300 cubic yards of material that comprises the aforementioned
earthen berm to connect the existing separate channel with the PISC. Additionally,
the applicant proposes to dredge approximately 2,000 cubic yards of sediment
between the PISC and a band of sea grasses to accommodate some proposed boat
slips (details below). A total of approximately 6,700 cubic yards of unconsolidated
muddy clay material would be transported in dump trucks and placed in nearby
uplands on the property and contained with an earthen dike. The applicant
conducted a submerged aquatic vegetation (seagrass) survey on April 9, 2005.
Results of the survey indicated the presence of a 0.195-acre sea grass bed
that parallels the shoreline and channel slope of the PISC. The dredging operation
would only affect approximately 630 square feet (0.014 acre) of the seagrass
observed in this area. The applicant stated that all construction will take
place in accordance with the Texas Commission on Environmental Quality's (TCEQ's)
Best Management Practices (BMP's).
Additionally, the applicant proposes to construct a marina complex comprised
of several walkways and boat slips between the PISC and the band of seagrasses
that parallels the shoreline and channel slope of the PISC. On the south side
of the proposed channel cut, the applicant would construct a 6-foot-wide main
walkway and six 3 by 68-foot and three 3 by 47-foot finger piers spaced 20
feet apart. On the southernmost end of the property, the applicant proposes
to construct a concrete boat ramp. Construction of the boat ramp would require
placement of 80 cubic yards of articulated concrete mat in navigable water
and would require only minor dredging in the form of reworking the bottom
between the ramp and the PISC to anchor the articulated mat. The aforementioned
seagrass survey indicates that there are no seagrasses in the proposed boat
ramp area. On the north side of the proposed channel cut, the applicant would
construct a 6-foot-wide main walkway and four 3 by 54-foot and seven 3 by
30-foot finger piers spaced 20 feet apart.
To compensate for the excavation of 1.004 acres of estuarine inter-tidal
scrub-shrub wetlands, the applicant proposes to create .91 acres of freshwater
marsh habitat on the project site. The project involves impacts (from dredging)
to approximately 630 square feet of sea grass. To mitigate these impacts the
applicant proposes to transplant approximately 1,900 square feet of seagrass
in an area approximately 24 inches below MHT located between the shoreline
and the boat docks. CCC Project No.: 06-0182-F1; Type of Application: U.S.A.C.E.
permit application #23898 is being evaluated under §10 of the Rivers
and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean
Water Act (33 U.S.C.A. §1344).
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972
(16 U.S.C.A. §§1451-1464), as amended, interested parties are invited
to submit comments on whether a proposed action is or is not consistent with
the Texas Coastal Management Program goals and policies and whether the action
should be referred to the Coastal Coordination Council for review.
Further information on the applications listed above may be obtained from
Ms. Tammy Brooks, Program Specialist, Coastal Coordination Council, P. O.
Box 12873, Austin, Texas 78711-2873, or tammy.brooks@glo.state.tx.us. Comments
should be sent to Ms. Brooks at the above address or by fax at (512) 475-0680.
TRD-200601096
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: February 28, 2006
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, 303.008, 303.009, 304.003, and 346.101, Tex. Fin. Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of 03/06/06 - 03/12/06 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 03/06/06 - 03/12/06 is 18% for Commercial over $250,000.
The monthly ceiling as prescribed by §303.005 and §303.009
The monthly ceiling as prescribed by §303.005 and §303.009 for
the period of 03/01/06 - 03/31/06 is 18% for Commercial over $250,000.
The standard quarterly rate as prescribed by §303.008 and §303.009
for the period of 04/01/06 - 06/30/06 is 18% for Consumer/Agricultural/Commercial
credit thru $250,000.
The standard quarterly rate as prescribed by §303.008 and §303.009
for the period of 04/01/06 - 06/30/06 is 18% for Commercial over $250,000.
The retail credit card quarterly rate as prescribed by §303.009
The lender credit card quarterly rate as prescribed by §346.101, Tex.
Fin. Code,
1
for the period of 04/01/06 - 06/30/06
is 18% for Consumer/Agricultural/Commercial credit thru $250,000.
The standard annual rate as prescribed by §303.008 and §303.009
The standard annual rate as prescribed by §303.008 and §303.009
for the period of 04/01/06 - 06/30/06 is 18% for Commercial over $250,000.
The retail credit card annual rate as prescribed by §303.009
The judgment ceiling as prescribed by §304.003 for the period of 03/01/06
- 03/31/06 is 7.50% for Consumer/Agricultural/Commercial credit thru $250,000.
The judgment ceiling as prescribed §304.003 for the period of 03/01/06
- 03/31/06 is 7.50% 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.
4
Only for open end credit as defined in §301.002(14),
Tex. Fin. Code.
TRD-200601044
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: February 27, 2006
Request for Proposals for Youth Stand Alone Projects
This Request for Qualifications to interested entities is filed under
Government Code, Chapter 2254.
As the Administrative unit for the East Texas Workforce Development Board
(ETWDB), the East Texas Council of Governments (ETCOG) is soliciting Request
for Proposals (RFP) for the operation and management of Youth Stand Alone
Projects for a period beginning July 1, 2006 and extending through June 30,
2007 with the availability of three, one-year additional options. Youth Stand
Alone Projects are independently operated, year-round, model programs that
provide allowable services under the Workforce Investment Act (WIA). The purpose
of Stand Alone Youth projects are to help economically disadvantaged youth
ages 14 through 21 achieve academic and employment success.
The mission of the East Texas Workforce Development Board (ETWB) is to
improve the quality of life in this area through economic development by providing
a first-class workforce for present and future businesses. Counties that comprise
the East Texas Workforce Areas are: Anderson, Camp, Cherokee, Gregg, Harrison,
Henderson, Marion, Panola, Rains, Rusk, Smith, Upshur, Van Zandt, and Wood
Counties.
The East Texas Workforce Board is making approximately $224,213 available
through this RFP to be distributed as follows:
Only 30% or $67,264 is available to serve In-School youth.
At least 70% or $156,949 must be used to serve Out-of-School youth.
Please Note that proposals are limited to $100,000.
The amount of funds available is subject to change. Projects may serve
out-of-school youth exclusively. Of the total $224,213 available for stand-alone
projects, not more then 30% or $67,264 total may be spent on in-school youth.
Persons or organizations wanting to receive a Request for Proposals (RFP)
package, should submit a request by letter, fax, or e-mail to East Texas Council
of Governments, 3800 Stone Road, Kilgore, Texas 75662, Attn: Sally Batchelor.
The fax number for ETCOG is (903) 983-1440 or e-mail sally.batchelor@twc.state.tx.us.
Historically Underutilized Businesses (HUBs) are encouraged to apply.
Proposals will not be released prior to February 23, 2006. The deadline
for receipt of proposals is Thursday, April 6, 2006 at 5:00 p.m. CDT. A bidder’s
conference has been scheduled for Thursday, March 9, 2006 at 1:30 p.m. at
the ETCOG offices.
Questions concerning the RFP process should be addressed by e-mail or
fax to Sally Batchelor, (see above) or Gary Allen, Section Chief, Planning
and Board Support at gary.allen@twc.state.tx.us or fax (903) 983-1440.
TRD-200600983
Glynn Knight
Executive Director
East Texas Council of Governments
Filed: February 24, 2006
Request for Applications (RFA) Concerning Learn and Serve America: S.T.A.R.S. of Texas Grant Program
Filing Authority. This Request for Applications (RFA) is authorized under
the National and Community Service Act of 1990, 42 USC 12521 et seq. (Learn
and Serve America School-based Programs).
Eligible Applicants. The Texas Center for Service-Learning, a statewide
initiative of Region 14 Education Service Center (ESC) in partnership with
the Texas Education Agency, is requesting applications from public school
districts, open enrollment charter schools, and shared services arrangements
(SSAs) of public school districts and education service centers in Texas.
Description. Grant activities are for model initiatives that use the S.T.A.R.S.
framework of service-learning (Student leadership, Thoughtful service, Authentic
learning, Reflective practice, and Substantive partnerships) to meet state
and local performance measures. Service-learning is a form of instruction
in which students design projects to address community needs as part of their
academic studies. Region 14 ESC will issue grants to eligible applicants to:
(1) utilize student voice and choice in the design and implementation of K-12
service-learning activities; (2) involve students in each district in service-learning
activities designed to improve the stewardship of Texas natural resources
in collaboration with TxCSL statewide partners; (3) involve students in service-learning
activities that meet other local community needs as defined by needs assessment
activities; (4) increase the academic engagement of student participants as
measured by pre- and post student surveys; (5) utilize teacher-facilitated
reflection in a variety of formats (written, verbal, visual, electronic) to
promote critical thinking and analytical skills in preparing for, implementing,
and evaluating service-learning experiences; (6) develop meaningful partnerships
with organizations and individuals (including parents and community members
of all ages) to implement the project successfully and sustain service-learning
as a regular instructional practice; (7) take measures to institutionalize
service-learning through the development of policies, leadership and champions,
incentives, revenue streams, infrastructure for support, and visibility and
tangible evidence of success; (8) collect information about successful or
model efforts for the purpose of project replication, adoption, and adaptation;
(9) ensure participation in all required trainings and meetings offered through
TxCSL and/or through SSA providers; and (10) meet all evaluation requirements
as specified in the RFA and/or by the program evaluator, TxCSL, Region 14
ESC, TEA, and CNCS. Applicants must also ensure that their programs address
any other requirements specified in the RFA.
Dates of Project. All services and activities related to this application
will be conducted within specified dates. The starting date will be no earlier
than September 1, 2006, with an ending date of no later than August 31, 2007.
Programs will be eligible for two years of continuation funding based on evidence
of satisfactory progress.
Project Amount. A range of contracts will be awarded from $15,000 to $70,000
based on student ADA. SSAs are allowable to a maximum of $150,000. A total
of $950,000 is available for grant awards. Applicants must provide matching
funds for the grant at the rate of 1:1 in cash or in kind. Matching funds
may come from any source, including federal funds, that does not specifically
prohibit such use. Funds authorized by or through CNCS, however, may not be
used as matching. Continuation funding will be based on satisfactory progress
and on general budget approval by the Corporation for National and Community
Service (CNCS), the Texas Education Agency, and Region 14 ESC. This project
is funded 100% from CNCS federal funds.
Selection Criteria. Applications will be selected based on the ability
of each applicant to carry out all requirements contained in the RFA. Region
14 ESC will base its selection on, among other things, the demonstrated competence
and qualifications of the applicant. Special consideration will be given to
ensure geographic and organizational diversity among applicants. Region 14
ESC reserves the right to select from the highest-ranking applications those
that address all requirements in the RFA.
Region 14 ESC is not obligated to execute a resulting grant award, provide
funds, or endorse any application submitted in response to this RFA. This
RFA does not commit Region 14 ESC to pay any costs incurred before an application
is approved. The issuance of this RFA does not obligate Region 14 ESC to award
a grant or pay any costs incurred in preparing a response.
Requesting the Application. A complete copy of the RFA may be obtained
by downloading the application from the Texas Center website at www.txcsl.org;
by writing the Texas Center for Service-Learning, 1106 Clayton Lane, Suite
420E, Austin, Texas 78723; or by calling (512) 420-0214.
Further Information. For clarifying information about the RFA, contact
the Texas Center for Service-Learning at (512) 420-0214. Opportunities for
technical assistance will also be indicated in the RFA.
Deadline for Receipt of Applications. Applications must be received by
mail or delivery service at the Texas Center for Service-Learning by 4:00
p.m. (Central Standard Time), Friday, April 28, 2006, to be considered. Facsimile
and e-mail copies will not be accepted.
Request for Volunteer Reviewers. Region 14 ESC is requesting individuals,
especially educators with prior service-learning experience, to volunteer
to serve on the competitive review panel for this grant program. Grant writers
and applicants who serve on the review panel can gain valuable insight into
the quality of a variety of grant applications, and all members of the review
panel can contribute toward ensuring the success of the schoolchildren in
Texas by volunteering for this critical effort.
TRD-200600955
Ronnie Kincaid
Executive Director
Education Service Center, Region XIV
Filed: February 22, 2006
Notice of Intent to Perform a Removal Action at the PolyCycle Industries, Inc., State Superfund Site, Jacksonville, Cherokee County, Texas
The executive director of the Texas Commission on Environmental Quality
(TCEQ) issues this public notice of intent to perform a removal action, as
provided by Texas Health and Safety Code (THSC), §361.133, for the PolyCycle
Industries (PCI), Jacksonville, state Superfund site (the site). The site,
including all land, structures, appurtenances, and other improvements, is
approximately 7.006 acres located at 2505 South Jackson Street, Jacksonville,
Cherokee County, Texas. The site also includes any areas where hazardous substances
have come to be located as a result, either directly or indirectly, of releases
of hazardous substances from the site.
PCI conducted a lead battery recycling operation at the site from 1978
to 1983. The facility recycled lead from lead acid batteries and cases. The
sulfuric acid was drained from the batteries, and the lead plates were removed.
The sulfuric acid was sent to a hazardous waste disposal firm, and the lead
plates were sold to a lead smelter. The battery cases were ground and washed
in four unlined surface impoundments to remove the lead and lead sulfate.
The chips were skimmed from the surfaces of the impoundments and sold to plastic
recyclers. The lead and lead sulfate sediments on the bottoms of the impoundments
were sold to a lead smelter.
In 1983, the Texas Department of Health (TDH) found concentrations of lead
over 100,000 milligram per kilogram (mg/kg) in the soil and issued a compliance
order requiring PCI to remove all soil with lead concentrations greater than
1,000 mg/kg. PCI removed contaminated soil from the Jacksonville location
to the PCI Tecula location. The TDH conducted post-removal sampling in 1984
and accepted clean closure of the Jacksonville site, based on the lead concentrations
in soil. PCI then sold the site to Texas Farm Products, Inc. (TFPI). TFPI
removed all remaining PolyCycle structures and built the "Lone Star Feed Store."
In 1999, TFPI sold 1.86 acres to Dement Chiropractic Fitness Center, which
built an outdoor swimming pool and a volleyball court just north of the feed
store.
In March 1991, the Field Investigation Team of the United States Environmental
Protection Agency, Region 6, conducted a site screening investigation at the
site to verify the effectiveness of the removal action performed by PCI. On-site
lead concentrations were between 100 - 400 mg/kg, except for two samples.
One sample had a lead concentration of 3,780 mg/kg and the other had 43,500
mg/kg.
In February 2000, the analytical results from the soil samples collected
by TCEQ showed the lead concentrations ranging from 3,100 to 4,800 mg/kg.
Chips of battery casings were visible in the roadside ditch in front of the
feed store. A Hazard Ranking System (HRS) evaluation was conducted by the
TCEQ, and an HRS score of 6.09 was assigned to the site. At a public meeting
conducted on January 15, 2004, at the Jacksonville Public Library, TCEQ proposed
to clean up the site to a commercial/industrial level; and the site was proposed
for listing to the state Superfund registry in the December 5, 2003 issue
of the
Texas Register
(28 TexReg 11012) under
THSC, Chapter 361, Subchapter F.
The TCEQ conducted a remedial investigation during which soil and groundwater
samples were analyzed. Soil lead concentrations were found to be above the
health-based protective concentration level (PCL) at two locations north of
the feed store and one location northeast of Dement Chiropractic Fitness Center.
Eleven monitor wells were installed to collect groundwater samples. A groundwater
sample collected from the monitoring well (MW-3), located to the west of the
feed store near a ditch (location of a former railroad track), showed concentrations
of beryllium above the PCL of 0.004 milligram per liter. Additionally, groundwater
samples from two other wells installed at the former unlined impoundments
showed the presence of beryllium, but at concentrations below the PCL. Soil
samples collected at these former impoundment locations also showed the presence
of beryllium.
To prevent migration of the contaminants, especially the beryllium in groundwater,
the TCEQ has determined that a removal action is appropriate at the site.
This removal action will achieve significant cost savings for the site. The
TCEQ plans to remove the lead-contaminated soil that is above PCLs from the
two locations north of the feed store and the one location northeast of Dement
Chiropractic Fitness Center. Additionally, the contaminated soil surrounding
monitor well MW-3 will also be excavated and removed from the site. All excavated
soil will be disposed of at an approved off-site facility. The excavated areas
will be sampled to confirm the removal of contamination and will be backfilled
with clean soil. After the completion of the removal action, all the monitor
wells will be plugged and abandoned.
A portion of the records for this site is available for review during regular
business hours at the Jacksonville Public Library, 502 South Jackson Street,
Jacksonville, Texas. The copies of the complete public record file may be
obtained during business hours at the commission's Records Management Center,
Building E, First Floor, Records Customer Service, MC 199, 12100 Park 35 Circle,
Austin, Texas 78753, (800) 633-9363 or (512) 239-2920. Photocopying of file
information is subject to payment of a fee. Parking for persons with disabilities
is available on the east side of Building D, convenient to an access ramp
that is between Buildings D and E.
For further information, please contact Mr. Subhash C. Pal, P.E., TCEQ
Project Manager, Remediation Division, at (512) 239-4513, or Mr. Bruce McAnally,
TCEQ Community Relations Coordinator at (512) 239-2141.
TRD-200601094
Stephanie Bergeron Perdue
Acting Deputy Director, Office of Legal Services
Texas Commission on Environmental Quality
Filed: February 28, 2006
The Texas Commission on Environmental Quality (commission) will conduct
a public hearing to receive testimony regarding proposed revisions to 30 TAC
Chapter 35, Emergency and Temporary Orders and Permits; Temporary Suspension
or Amendment of Permit Conditions, under the requirements of Texas Health
and Safety Code, §382.017; Texas Government Code, Chapter 2001, Subchapter
B; and 40 Code of Federal Regulations §51.102, of the United States Environmental
Protection Agency (EPA) regulations concerning state implementation plans
(SIPs).
The proposed rulemaking would implement requirements of House Bill 2949,
79th Legislature, 2005. The proposed rulemaking would expand the list of actions
that can be authorized by an emergency order to include the repair or replacement
of roads, bridges, or other infrastructure improvements. Additionally, the
proposed rulemaking would authorize an applicant to list loss of a critical
transportation thoroughfare as a reason why the construction and emissions
are essential.
A public hearing on this proposal will be held in Austin on April 4, 2006,
at 10:00 a.m. in Building B, Room 201A, at the Texas Commission on Environmental
Quality complex located at 12100 Park 35 Circle. The hearing will be structured
for the receipt of oral or written comments by interested persons. Registration
will begin 30 minutes prior to the hearing. Individuals may present oral statements
when called upon in order of registration. There will be no open discussion
during the hearing; however, a staff member will be available to discuss the
proposal 30 minutes before the hearing and will answer questions before and
after the hearing.
Persons planning to attend the hearing who have special communication or
other accommodation needs, should contact Lola Brown, Office of Legal Services
at (512) 239-0348. Requests should be made as far in advance as possible.
Comments may be submitted to Lola Brown, MC 205, Texas Register Team, Office
of Legal Services, Texas Commission on Environmental Quality, P. O. Box 13087,
Austin, Texas 78711-3087 or faxed to (512) 239-4808. All comments should reference
Rule Project Number 2005-070-035-LS. Comments must be received by 5:00 p.m.,
April 10, 2006. Copies of the proposed rules can be obtained from the commission's
Web site at
http://www.tceq.state.tx.us/nav/rules/propose_adopt.html
. For further information, please contact Les Trobman, Environmental
Law Division, at (512) 239-6056.
TRD-200600973
Stephanie Bergeron Perdue
Acting Deputy Director, Office of Legal Services
Texas Commission on Environmental Quality
Filed: February 24, 2006
The Texas Commission on Environmental Quality (TCEQ or commission) staff
is providing an opportunity for written public comment on the listed Agreed
Orders (AOs) in accordance with Texas Water Code (the Code), §7.075,
which requires that the commission may not approve these AOs unless the public
has been provided an opportunity to submit written comments. Section 7.075
requires that notice of the proposed orders and the opportunity to comment
must be published in the
Texas Register
no
later than the 30th day before the date on which the public comment period
closes, which in this case is
April 10, 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 April 10, 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: Anadarko Petroleum Corporation; DOCKET NUMBER: 2005-1825-AIR-E;
IDENTIFIER: Regulated Entity Reference Number (RN) RN104695093; LOCATION:
Douchette, Tyler County, Texas; TYPE OF FACILITY: oil and natural gas production
station; RULE VIOLATED: 30 TAC §116.110(a)(2) and THSC, §382.085(b)
and §382.0518(a), by failing to satisfy the conditions of a standard
permit; 30 TAC §106.352(1) and §116.110(a)(4) and THSC, §382.085(b),
by failing to satisfy the conditions of a permit by rule for the station;
30 TAC §106.512(1) and §116.110(a)(4) and THSC, §382.085(b),
by failing to submit a timely PI-7 form for permit by rule registration after
construction began at the station; 30 TAC §111.201 and THSC, §382.085(b),
by failing to prevent unauthorized outdoor burning; and 30 TAC §111.111(a)(4)(A)(i)
and (ii) and THSC, §382.085(b), by failing to prevent visible emissions;
PENALTY: $6,400; ENFORCEMENT COORDINATOR: John Barry, (409) 898-3838; REGIONAL
OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(2) COMPANY: City of Anahuac; DOCKET NUMBER: 2004-2124-PWS-E; IDENTIFIER:
Public Water Supply Identification Number 0360001, RN101188761; LOCATION:
Anahuac, Chambers 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 (MCL) for total trihalomethanes
(TTHM) and haloacetic acids; PENALTY: $508; ENFORCEMENT COORDINATOR: Edward
Moderow, (512) 239-2680; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1486, (713) 767-3500.
(3) COMPANY: Azteca Milling, L.P.; DOCKET NUMBER: 2003-1429-AIR-E; IDENTIFIER:
Air Account Number HA0106T, RN100215086; LOCATION: Plainview, Hale County,
Texas; TYPE OF FACILITY: corn flour milling; RULE VIOLATED: 30 TAC §122.145(2)(C)
and §122.146(2) and THSC, §382.085(b), by failing to submit the
annual Title V Compliance Certification; PENALTY: $2,625; ENFORCEMENT COORDINATOR:
Cari-Michel LaCaille, (512) 239-1387; REGIONAL OFFICE: 4630 50th Street, Suite
600, Lubbock, Texas 79414-3520, (806) 796-7092.
(4) COMPANY: Cardinal Meadows Improvement District; DOCKET NUMBER: 2005-1866-MWD-E;
IDENTIFIER: RN104416417; LOCATION: Beaumont, Jefferson County, Texas; TYPE
OF FACILITY: sewage collection system; RULE VIOLATED: the Code, §26.121(a),
by failing to prevent an unauthorized discharge of raw sewage from the collection
system; 30 TAC §317.3(c)(2) and (e)(5), by failing to provide a firm
pumping capacity and by failing to provide an operational audiovisual alarm
at the lift station; PENALTY: $2,568; ENFORCEMENT COORDINATOR: Merrilee Hupp,
(512) 239-4490; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892,
(409) 898-3838.
(5) COMPANY: May Carson dba Cornudas Restaurant; DOCKET NUMBER: 2005-1347-PWS-E;
IDENTIFIER: RN101198265; LOCATION: Salt Flat, Hudspeth County, Texas; TYPE
OF FACILITY: restaurant; RULE VIOLATED: 30 TAC §290.109(c)(2)(A)(i) and
(ii) and THSC, §341.033(d), by failing to collect routine bacteriological
samples and by failing to collect repeat samples following a coliform-positive
result; and 30 TAC §290.122(c)(2)(B), by failing to post public notice
of monitoring violations; PENALTY: $1,755; ENFORCEMENT COORDINATOR: Audra
Ruble, (361) 825-3100; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560,
El Paso, Texas 79901-1206, (915) 834-4949.
(6) COMPANY: Flat Fork Water Supply Corporation; DOCKET NUMBER: 2005-2045-PWS-E;
IDENTIFIER: RN101441848; LOCATION: Center, Shelby County, Texas; TYPE OF FACILITY:
public water supply; RULE VIOLATED: 30 TAC §290.113(f)(4) and THSC, §341.0315(c),
by exceeding the MCL for TTHM; PENALTY: $298; ENFORCEMENT COORDINATOR: Epifanio
Villareal, (210) 490-3096; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont,
Texas 77703-1892, (409) 898-3838.
(7) COMPANY: Georgia Gulf Chemicals & Vinyls, L.L.C.; DOCKET NUMBER:
2005-0766-AIR-E; IDENTIFIER: RN100213958; LOCATION: Pasadena, Harris County,
Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §116.115(c)
and §117.206(c)(3)(A), New Source Review (NSR) Air Permit Number 4825A,
and THSC, §382.085(b), by failing to comply with emissions limits; 30
TAC §101.20(1) and §116.115(c), 40 Code of Federal Regulations Part
60, Appendix F, NSR Air Permit Number 4825A, and THSC, §382.085(b), by
failing to comply with the relative accuracy required of Emission Point Numbers
12's continuous monitoring system; PENALTY: $5,656; ENFORCEMENT COORDINATOR:
Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 5425 Polk Avenue, Suite H,
Houston, Texas 77023-1486, (713) 767-3500.
(8) COMPANY: Jesamin, Inc. dba Davis Quick Stop; DOCKET NUMBER: 2005-1462-PST-E;
IDENTIFIER: RN101538692; LOCATION: North Richland Hills, Tarrant County, Texas;
TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED:
30 TAC §334.50(a)(1)(A) and the Code, §26.3475(c)(1), by failing
to provide a method of release detection; 30 TAC §115.246(1) and THSC,
§382.085(b), by failing to maintain a copy of the California Air Resources
Board Executive Order for the Stage II vapor recovery system (VRS) and any
related components; 30 TAC §115.244(3) and THSC, §382.085(b), by
failing to conduct inspections of the Stage II VRS for defects; 30 TAC §115.248(1)
and THSC, §382.085(b), by failing to ensure the facility representative
received training and instruction in the operation and maintenance of the
Stage II VRS; and 30 TAC §334.48(c), by failing to conduct inventory
control for all underground storage tanks (USTs); PENALTY: $5,120; ENFORCEMENT
COORDINATOR: Cari-Michel LaCaille, (512) 239-1387; REGIONAL OFFICE: 2301 Gravel
Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(9) COMPANY: Lamb County Hospital dba Lamb Healthcare Center; DOCKET NUMBER:
2005-0806-PST-E; IDENTIFIER: RN101839488; LOCATION: Littlefield, Lamb County,
Texas; TYPE OF FACILITY: county hospital; RULE VIOLATED: 30 TAC §334.8(c)(5)(A)(iii)
and (B)(ii), by failing to renew a previously issued UST delivery certificate
by timely and proper submission of a new UST registration and self-certification
form to the agency and ensuring that a valid, current delivery certificate
was posted at the facility; PENALTY: $616; ENFORCEMENT COORDINATOR: Cari-Michel
LaCaille, (512) 239-1387; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock,
Texas 79414-3520, (806) 796-7092.
(10) COMPANY: Lyondell-Citgo Refining L.P.; DOCKET NUMBER: 2005-1985-AIR-E;
IDENTIFIER: RN100218130; LOCATION: Houston, Harris County, Texas; TYPE OF
FACILITY: oil refinery; RULE VIOLATED: 30 TAC §101.20(3) and §116.715(a),
Flexible Air Permit Number 2167/PSD-TX-985, and THSC, §382.085(b), by
failing to prevent unauthorized emissions; PENALTY: $10,000; ENFORCEMENT COORDINATOR:
Kimberly Morales, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite
H, Houston, Texas 77023-1486, (713) 767-3500.
(11) COMPANY: S. M. S. Enterprises, Inc. dba AZ Food Store; DOCKET NUMBER:
2005-0689-PST-E; IDENTIFIER: RN100872761; LOCATION: Houston, Harris County,
Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and (2)(A)(i)(III) and the Code,
§26.3475(a) and (c)(1), by failing to have a proper release detection
method, by failing to have each pressurized line tested or monitored for releases,
and by failing to have line leak detectors tested; and 30 TAC §334.10(b),
by failing to maintain legible copies of all required records pertaining to
a UST system; PENALTY: $4,162; ENFORCEMENT COORDINATOR: Tel Croston, (512)
239-5717; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486,
(713) 767-3500.
(12) COMPANY: Special Camps for Special Kids; DOCKET NUMBER: 2005-0969-MWD-E;
IDENTIFIER: RN102078409; LOCATION: Clifton, Bosque County, Texas; TYPE OF
FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and
(17), Texas Pollutant Discharge Elimination System Permit Number WQ0013536001,
and the Code, §26.121(a), by failing to comply with the permitted effluent
limits for total suspended solids, five-day biochemical oxygen demand, and
chlorine and by failing to submit the annual sludge report; PENALTY: $5,344;
ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 6801
Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(13) COMPANY: Synergy Management Group, L.L.C.; DOCKET NUMBER: 2005-1585-MSW-E;
IDENTIFIER: RN103933362; LOCATION: Stamford, Haskell County, Texas; TYPE OF
FACILITY: scrap tire storage and processing; RULE VIOLATED: 30 TAC §328.61(b)(1)
and (3), (c), and (h), by failing to maintain the area of a used/scrap tire
pile under 8,000 square feet, by failing to lock trailers storing scrap tires/tire
pieces and enclose the facility with a security fence, and by failing to maintain
designated all-weather fire lanes and roads within and surrounding the tire
pile area and fire extinguishers; and 30 TAC §328.54(d), by failing to
have identification on the vehicles/trailers used to transport used and/or
scrap tires; PENALTY: $6,936; ENFORCEMENT COORDINATOR: Marlin Bullard, (254)
751-0335; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833,
(915) 698-9674.
(14) COMPANY: Trammell Crow Residential Company dba Silverado Apartments;
DOCKET NUMBER: 2004-0880-EAQ-E; IDENTIFIER: Edwards Aquifer Registration Number
11-01092401, RN102929908; LOCATION: Cedar Park, Williamson County, Texas;
TYPE OF FACILITY: apartment complex; RULE VIOLATED: 30 TAC §213.4(k),
by failing to comply with the best management practices specified by an approved
Edwards Aquifer protection plan; and the Code, §26.121(a), by failing
to prevent unauthorized discharges; PENALTY: $2,520; ENFORCEMENT COORDINATOR:
Cari-Michel LaCaille, (512) 239-1387; REGIONAL OFFICE: 1921 Cedar Bend Drive,
Suite 150, Austin, Texas 78758-5336, (512) 339-2929.
TRD-200601095
Stephanie Bergeron Perdue
Acting Deputy Director, Office of Legal Services
Texas Commission on Environmental Quality
Filed: February 28, 2006
Notice of Approval of Coastal Boundary Survey
Pursuant to §33.136 of the Natural Resources Code, notice is hereby
given that Jerry Patterson, Commissioner of the General Land Office, approved
a coastal boundary survey, Aransas County NRC Art.33.136 Sketch No. 4, submitted
by J. L. Brundrett, Jr., an Aransas County Surveyor, conducted in March 2005,
locating the following shoreline boundary:
A survey of a portion of the MHHW Line of Aransas Bay adjacent to San Jose
Island Ranch Boat House.
For a copy of this survey, contact Archives & Records, Texas General
Land Office at (512) 463-5277.
TRD-200601195
Larry L. Laine
Chief Clerk, Deputy Land Commissioner
General Land Office
Filed: March 1, 2006
Pursuant to §§2254.021 - 2254.040 of the Texas Government Code,
the Texas General Land Office (GLO) is seeking major consulting services to
assist the GLO in examining the GLO's current real estate investment practices
and determine if and what needs to be done internally to improve such practices.
The requested consultant will examine how the GLO should initiate, or better
implement, the following goals:
Meeting financial accounting and reporting standards under both the Financial
Accounting Standards Board (FASB) and the Governmental Accounting Standards
Board (GASB) for the Texas Legislature's and the Comptroller's performance
measures, respectively;
Developing processes to handle joint venture partnerships and their accounting
and reporting standards under FASB and GASB;
Selecting and/or creating financial planning and forecasting software,
and training GLO personnel on its operation;
Examining the current accounts receivable system, and making any necessary
recommendations to either improve or streamline the system;
Selecting and/or creating software that provides for escalation clauses
in leases, and training GLO personnel on its operation;
Proposing and developing a standard format for reporting and capturing
revenue from Permanent School Fund real estate investments;
Improving the current accounting system to handle the aforementioned changes;
and
Any other ancillary systems or services necessary to manage the foregoing.
The GLO reserves the right to evaluate the qualifications and experience
of any Respondents, to reject any and/or all responses, and to negotiate specific
terms of an agreement that is in the best interest of the state. The closing
date for receipt of offers of these consulting services is 5:00 p.m. CDT,
April 12, 2006. Further information may be obtained by contacting Scott Coulter,
General Land Office, 1700 N. Congress Avenue, Austin, TX 78701-1495, phone
(512) 475-1427.
TRD-200601298
Larry L. Laine
Chief Clerk, Deputy Land Commissioner
General Land Office
Filed: March 1, 2006
Request for Grant Applications (RFA) for the Crime Stoppers Assistance Fund Program
The Criminal Justice Division (CJD) of the Governor’s Office is soliciting
applications to provide grants to certified Crime Stoppers organizations in
Texas during the state fiscal year 2007 grant cycle.
Purpose: The purpose of the Crime Stoppers Assistance funding is to enhance
and assist the community’s efforts in solving serious crimes.
Available Funding: State funding is authorized for these projects under
Article 102.013,
Texas Code of Criminal Procedure
, which designates CJD as the funds administering agency. The source
of funding is a biennial appropriation by the Texas Legislature from funds
collected through court costs and fees.
Funding Levels:
(1) Minimum grant award: $1,500.
(2) Maximum grant award: $15,000.
Standards: Grantees will comply with the standards applicable to this funding
source cited in the
Texas Administrative Code
,
Title 1, Part 1, Chapter 3, and the statutes, requirements, and guidelines
applicable to this funding.
Prohibitions: Grant funds may not be used to support the following services,
activities, and costs:
(1) admission fees or tickets to any amusement park, recreational activity
or sporting event;
(2) attorney fees;
(3) construction;
(4) contributions;
(5) extended equipment services arrangements;
(6) food, meals, beverages, or other refreshments unless the expense is
for a working event where full participation by participants mandates the
provision of food and beverages and the event is not related to amusement
and/or social activities in any way;
(7) fundraising;
(8) legal services for adult offenders;
(9) lobbying;
(10) medical services;
(11) membership dues for individuals;
(12) office space rental;
(13) overtime pay;
(14) promotional advertisements of any kind;
(15) promotional gifts;
(16) proselytizing or sectarian worship;
(17) purchase or improvement of real estate;
(18) rewards, except for statewide projects;
(19) subscription fees;
(20) transportation, lodging, per diem, or any related costs for participants,
when grant funds are used to develop and conduct training;
(21) vehicles or equipment for government agencies that are for general
agency use;
(22) weapons, ammunition, explosives, or military vehicles;
(23) any expense or service that is readily available at no cost to the
grant project or that is provided by other federal, state or local funds (e.g.,
supplanting); and
(24) any portion of the salary of, or any other compensation for an elected
or appointed government official, except in the case of a juvenile court or
drug court.
Eligible Applicants: Eligible applicants are Crime Stoppers organizations
as defined by Chapter 414.001 of the
Texas Government
Code
that are certified by the Crime Stoppers Advisory Council to receive
repayments under Articles 37.073 and 42.152 of the
Texas Code of Criminal Procedure
, or payments from a defendant under
Article 42.12 of the
Texas Code of Criminal Procedure
. Section 414.001 of the
Texas Government
Code
defines a "crime stoppers organization" as follows:
(1) a private, nonprofit organization that is operated on a local or statewide
level, that accepts and expends donations for rewards to persons who report
to the organization information about criminal activity and that forwards
the information to the appropriate law enforcement agency; or
(2) a public organization that is operated on a local or statewide level,
that pays rewards to persons who report to the organization information about
criminal activity, and that forwards the information to the appropriate law
enforcement agency.
Requirements: Crime Stoppers programs must focus on reducing crime through
the operation of a hotline that receives information about criminal activities
and fugitives from members of the public, guarantees anonymity, forwards the
information to the appropriate law enforcement agency, and pays rewards.
Project Period: Grant-funded projects must begin on or after September
1, 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 web site located at http://www.governor.state.tx.us/divisions/cjd/formsappsview.
Closing Date for Receipt of Applications: All applications must be electronically
submitted to the Office of the Governor, Criminal Justice Division via e-mail
at cjdapps@governor.state.tx.us on or before May 22, 2006.
Selection Process: Applications are reviewed by CJD staff members or a
review group selected by the Executive Director of CJD. CJD will make all
final funding decisions based on eligibility, reasonableness of the project,
availability of funding, and cost-effectiveness.
Contact person: If additional information is needed, contact Betty Bosarge
at bbosarge@governor.state.tx.us or at (512) 463-1784.
TRD-200601075
David Zimmerman
Assistant General Counsel
Office of the Governor
Filed: February 28, 2006
Notice of Agreed Orders
The Department of State Health Services (department) issued an Agreed Order
to the following registrants:
Mobile Health Testing (registration #R20178-000) of Pearland. A total penalty
of $4,000 shall be paid by registrant for violations of 25 Texas Administrative
Code, Chapter 289. The registrant shall also comply with additional settlement
agreement requirements.
Alexander Orlov, D.O., P.A. (registration #R27883-000) of Lufkin. A total
penalty of $1,000 shall be paid by registrant for violations of 25 Texas Administrative
Code, Chapter 289. The registrant shall also comply with additional settlement
agreement requirements.
Becker-Parkin Dental Supply Co., Inc. (registration #R19293-001) of Hempstead,
NY. A total penalty of $4,000 shall be paid by registrant for violations of
25 Texas Administrative Code, Chapter 289. The registrant shall also comply
with additional settlement agreement requirements.
A copy of all relevant material is available, by appointment, for public
inspection at the Department of State Health Services, Exchange Building,
8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200601178
Cathy Campbell
General Counsel
Department of State Health Services
Filed: March 1, 2006
Pursuant to 25 Texas Administrative Code, §289.205, the Department
of State Health Services (department), filed complaints against the following
x-ray machine or laser registrants: San Angelo State School, Carlsbad, R00210;
East Glen Animal Hospital, El Paso, R12411; Amarillo Endodontics, Amarillo,
R19018; Pearson Chiropractic, Arlington, R19517; Joni J. Childers, D.D.S.,
San Antonio, R23486; Ronald S. Stanko, D.D.S., PC, Granbury, R24218; Nokia
Mobile Phones, Inc., Fort Worth, R24326; Arlington ABC Clinic, Arlington,
R24550; Silver Creek Dental, Pearland, R25689; Dentures & Dental Services,
Inc., Odessa, R25835; Healthview, L.L.C., Dallas, R25963; Dental Resource
Network, Carrollton, R26860; Teresa E. Canzoneri, D.D.S., PA, Dallas, R27683;
Debra G. Stewart, D.D.S. & Donald R. Tamplen, D.D.S., Stafford, R27755;
Robert Simer, D.V.M., Perryton, R27832; Bellaire Medical Center, Houston,
Z00715.
The complaints allege that these registrants have failed to pay required
annual fees. The department intends to revoke the certificates of registration;
order the registrants to cease and desist use of radiation machine(s); order
the registrants to divest themselves of such equipment; and order the registrants
to present evidence satisfactory to the department that they have complied
with the orders and the provisions of the Texas Health and Safety Code, Chapter
401. If the fee is paid within 30 days of the date of each complaint, the
department will not issue an order.
This notice affords the opportunity to the registrants for a hearing to
show cause why the certificates of registration should not be revoked. A written
request for a hearing must be received by the department within 30 days from
the date of service of the complaint to be valid. Such written request must
be filed with Richard A. Ratliff, P.E., Radiation Program Officer, 1100 West
49th Street, Austin, Texas 78756-3189. Should no request for a public hearing
be timely filed or if the fee is not paid, the certificates of registration
will be revoked at the end of the 30-day period of notice.
A copy of all relevant material is available, by appointment, for public
inspection at the Department of State Health Services, Exchange Building,
8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200601180
Cathy Campbell
General Counsel
Department of State Health Services
Filed: March 1, 2006
Pursuant to 25 Texas Administrative Code, §289.205, the Department
of State Health Services (department), filed complaints against the following
licensees: Nasser Cardiology, PA, The Woodlands, L05434; Metroplex Veterinary
Centre, Irving, L05604; Physicians' Metroplex Hospital, Arlington, L05658.
The complaints allege that these licensees have failed to pay required
annual fees. The department intends to revoke the radioactive material licenses;
order the licensees to cease and desist use of such radioactive materials;
order the licensees to divest themselves of the radioactive material; and
order the licensees to present evidence satisfactory to the department that
they have complied with the orders and the provisions of the Texas Health
and Safety Code, Chapter 401. If the fee is paid within 30 days of the date
of each complaint, the department will not issue an order.
This notice affords the opportunity to the licensees for a hearing to show
cause why the radioactive material licenses should not be revoked. A written
request for a hearing must be received by the department within 30 days from
the date of service of the complaint to be valid. Such written request must
be filed with Richard A. Ratliff, P.E., Radiation Program Officer, 1100 West
49th Street, Austin, Texas 78756-3189. Should no request for a public hearing
be timely filed or if the fee is not paid, the radioactive material licenses
will be revoked at the end of the 30-day period of notice.
A copy of all relevant material is available, by appointment, for public
inspection at the Department of State Health Services, Exchange Building,
8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200601181
Cathy Campbell
General Counsel
Department of State Health Services
Filed: March 1, 2006
The Department of State Health Services (department) has withdrawn notices
of violations and proposals to assess administrative penalties regarding the
following registrants:
Wadley Regional Medical Center (registrant #L02486-000) of Texarkana. A
total penalty of $4,000 was proposed to be assessed for alleged violations
of 25 Texas Administrative Code, Chapter 289.
Gulf Coast Cancer Center (registrant #L05194-000) of Pasadena. A total
penalty of $4,000 was proposed to be assessed for alleged violation of 25
Texas Administrative Code, Chapter 289.
Spohn Hospital (registrant #L02495-000) of Corpus Christi. A total penalty
of $4,000 was proposed to be assessed for alleged violations of 25 Texas Administrative
Code, Chapter 289.
Reinhart and Associates, Inc. (registrant #L03189-004) of Austin. A total
penalty of $4,000 was proposed to be assessed for alleged violations of 25
Texas Administrative Code, Chapter 289.
Siemens Medical Solutions USA, Inc. (registrant #L05884-000) of Dallas.
A total penalty of $4,000 was proposed to be assessed for alleged violations
of 25 Texas Administrative Code, Chapter 289.
Gamma Surveys LLC (registrant #L05155-004) of La Porte. A total penalty
of $4,000 was proposed to be assessed for alleged violations of 25 Texas Administrative
Code, Chapter 289.
Chappell Hill Logging Systems, Inc. (registrant #L05374-000) of Chappell
Hill. A total penalty of $4,000 was proposed to be assessed for alleged violations
of 25 Texas Administrative Code, Chapter 289.
KI4U (registrant #L05515-000) of Gonzales. A total penalty of $4,000 was
proposed to be assessed for alleged violations of 25 Texas Administrative
Code, Chapter 289.
A copy of all relevant material is available, by appointment, for public
inspection at the Department of State Health Services, Exchange Building,
8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200601179
Cathy Campbell
General Counsel
Department of State Health Services
Filed: March 1, 2006
Notice of Hearing on Proposed Medicaid Nursing Facility Payment Rates
Hearing. The Texas Health and Human Services Commission (HHSC) will conduct
a public hearing on March 24, 2006, to receive public comment on proposed
payment rates for the Nursing Facility program operated by the Texas Department
of Aging and Disability Services. These payment rates are proposed to be effective
retroactive to January 1, 2006. The hearing will be held in compliance with
Title 1 of the Texas Administrative Code (TAC) §355.105(g), which requires
a public hearing on proposed payment rates. The public hearing will be held
on March 24, 2006, at 1:30 p.m. in room 560W of the John H. Winters Building,
701 West 51st Street, Austin, Texas 78751. 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.
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 rates 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 March 20, 2006, so that appropriate
arrangements can be made.
Proposal. As single state agency for the state Medicaid program, the Health
and Human Services Commission proposes new per diem payment rates for the
nursing facility program operated by the Texas Department of Aging and Disability
Services. These proposed rates are based on the rates in effect December 31,
2005, plus an average 11.75 percent increase, which reflects the availability
of additional appropriated state and federal funds for nursing facility services.
Payment rates are proposed to be effective January 1, 2006 as follows:
Methodology and justification. The proposed rates in the chart above were
determined in accordance with the rate setting methodology at 1 TAC Chapter
355, Subchapter C (relating to Reimbursement Methodology for Nursing Facilities),
§355.307 (relating to Reimbursement Setting Methodology) and §355.308
(relating to Enhanced Direct Care Staff Rate). These rates were subsequently
adjusted in accordance with 1 TAC Chapter 355, Subchapter A (relating to Cost
Determination Process), §355.101 (relating to Introduction) and §355.109
(relating to Adjusting Reimbursement When New Legislation, Regulations or
Economic Factors Affect Costs).
Facilities participating in the Enhanced Direct Care Staff Rate will receive
one of the following payment rates per day in addition to the above payment
rates based upon their level of enrollment in the Enhanced Direct Care Staff
Rate:
Methodology and justification. The proposed rates in the chart above were
determined in accordance with the rate setting methodology at 1 TAC Chapter
355, Subchapter C (relating to Reimbursement Methodology for Nursing Facilities),
§355.308 (relating to Enhanced Direct Care Staff Rate). These rates were
subsequently adjusted in accordance with 1 TAC Chapter 355, Subchapter A (relating
to Cost Determination Process), §355.101 (relating to Introduction) and
§355.109 (relating to Adjusting Reimbursement When New Legislation, Regulations
or Economic Factors Affect Costs).
Facilities that verify liability insurance coverage acceptable to HHSC
will receive one of the following payment rates per day in addition to the
above payment rates based upon the type of liability insurance coverage they
maintain:
Payment Rates By Liability Insurance Coverage
Methodology and justification. The proposed rates in the chart above were
determined in accordance with the rate setting methodology at 1 TAC Chapter
355, Subchapter C (relating to Reimbursement Methodology for Nursing Facilities),
§355.307 (relating to Reimbursement Setting Methodology) and §355.312
(relating to Reimbursement Setting Methodology - Liability Insurance Costs).
These rates were subsequently adjusted in accordance with 1 TAC Chapter 355,
Subchapter A (relating to Cost Determination Process), §355.101 (relating
to Introduction) and §355.109 (relating to Adjusting Reimbursement When
New Legislation, Regulations or Economic Factors Affect Costs).
TRD-200601177
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: March 1, 2006
The Texas Health and Human Services Commission announces its intent to
submit Transmittal Number 06-003, Amendment Number 721, to the Texas State
Plan for Medical Assistance, under Title XIX of the Social Security Act. The
purpose of this amendment is to revise the reimbursement methodology used
to make for additional payments to high-volume ambulatory surgical centers
(ASCs) and hospital ASCs (HASCs). The proposed amendment is to be effective
January 1, 2006.
The proposed amendment is estimated to result in annual aggregate spending
of approximately $2.3 million for state fiscal year (SFY) 2006, with approximately
$1.4 million in federal funds and approximately $900,000 in state general
revenue, and annual aggregate spending of approximately $3.5 million for SFY
2007, with approximately $2.1 million in federal funds and approximately $1.4
million in state general revenue. Funding for payments to high-volume Medicaid
providers was originally appropriated by the 77th Texas Legislature, Regular
Session, 2001, and was continued by the 79th Texas Legislature, Regular Session,
2005.
To obtain copies of the proposed amendment, interested parties may contact
Nancy Kimble by mail at Rate Analysis for Acute Care and Cost Reporting Services,
Texas Health and Human Services Commission, P.O. Box 85200, H-400, Austin,
Texas 78708-5200; by telephone at (512) 491-1363; by facsimile at (512) 491-1983;
or by e-mail at nancy.kimble@hhsc.state.tx.us. Copies of the proposal will
also be made available for public review at the local offices of the Texas
Department of Aging and Disability Services.
TRD-200601171
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: February 28, 2006
The Texas Health and Human Services Commission announces its intent to
submit Transmittal Number 06-004, Amendment Number 722, to the Texas State
Plan for Medical Assistance, under Title XIX of the Social Security Act. The
purpose of this amendment is to revise the reimbursement methodology used
to make additional payments to high-volume birthing centers. The proposed
amendment is effective January 1, 2006.
The proposed amendment is estimated to result in annual aggregate spending
of approximately $166,000 for state fiscal year (SFY) 2006, with approximately
$100,696 in federal funds and approximately $65,304 in state general revenue,
and annual aggregate spending of approximately $250,000 for SFY 2007, with
approximately $151,650 in federal funds and approximately $98,350 in state
general revenue. Funding for payments to high-volume Medicaid providers was
originally appropriated by the 77th Texas Legislature, Regular Session, 2001,
and was continued by the 79th Texas Legislature, Regular Session, 2005.
To obtain copies of the proposed amendment, interested parties may contact
Nancy Kimble by mail at Rate Analysis for Acute Care and Cost Reporting Services,
Texas Health and Human Services Commission, P.O. Box 85200, H-400, Austin,
Texas 78708-5200; by telephone at (512) 491-1363; by facsimile at (512) 491-1983;
or by e-mail at nancy.kimble@hhsc.state.tx.us. Copies of the proposal will
also be made available for public review at the local offices of the Texas
Department of Aging and Disability Services.
TRD-200601172
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: February 28, 2006
The Texas Health and Human Services Commission announces its intent to
submit Transmittal Number 06-012, Amendment Number 730, to the Texas State
Plan for Medical Assistance, under Title XIX of the Social Security Act. The
purpose of this amendment is to increase the reimbursement for Medicaid professional
services provided by nurse practitioners (NPs), clinical nurse specialists
(CNSs), certified nurse midwives (CNMs), and certified registered nurse anesthetists
(CRNAs) from 85 percent of the reimbursement for the same professional service
paid to a physician (medical doctor or doctor of osteopathy) to 92 percent.
The proposed amendment is effective March 1, 2006.
The proposed amendment is estimated to result in increased costs of $1,387,417.32
for state fiscal year (SFY) 2006, with approximately $841,884.83 in increased
federal funds and approximately $545,532.49 in increased state general revenue,
and annual estimated increased costs of $2,235,811.09 for SFY 2007, with approximately
$1,358,702.40 in increased federal funds and approximately $877,108.69 in
increased state general revenue.
To obtain copies of the proposed amendment, interested parties may contact
Nancy Kimble by mail at Rate Analysis for Acute Care and Cost Reporting Services,
Texas Health and Human Services Commission, P.O. Box 85200, H-400, Austin,
Texas 78708-5200; by telephone at (512) 491-1363; by facsimile at (512) 491-1972;
or by e-mail at nancy.kimble@hhsc.state.tx.us. Copies of the proposal will
also be made available for public review at the local offices of the Texas
Department of Aging and Disability Services.
TRD-200601173
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: February 28, 2006
The Texas Health and Human Services Commission announces its intent to
submit Transmittal Number 06-007, Amendment Number 724, to the Texas State
Plan for Medical Assistance, under Title XIX of the Social Security Act. The
purpose of this amendment is to revise the reimbursement methodology for the
Program for All-Inclusive Care for the Elderly (PACE) in response to new federal
requirements imposed by the Medicare Prescription Drug, Improvement, and Medicare
Modernization Act (MMA) of 2003. Effective January 1, 2006, individuals, including
PACE clients, who are eligible for both Medicare and Medicaid services (i.e.,
dual-eligible clients) must obtain prescription drugs through a Medicare Part
D prescription drug plan rather than through Medicaid. The proposed amendment
is effective January 1, 2006.
The proposed amendment is estimated to result in cost savings of approximately
$2.5 million for state fiscal year (SFY) 2006, with approximately $1.5 million
cost savings in federal funds and approximately $1.0 million cost savings
in state general revenue, and annual estimated cost savings of approximately
$3.8 million for SFY 2007, with approximately $2.3 million cost savings in
federal funds and approximately $1.5 million cost savings in state general
revenue.
To obtain copies of the proposed amendment, interested parties may contact
Bill Warburton by mail at Rate Analysis for Managed Care Services, Texas Health
and Human Services Commission, P. O. Box 85200, H-400, Austin, Texas 78708-5200;
by telephone at (512) 491-1365; by facsimile at (512) 491-1983; or by e-mail
at william.warburton@hhsc.state.tx.us. Copies of the proposal will also be
made available for public review at the local offices of the Texas Department
of Aging and Disability Services.
TRD-200601291
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: March 1, 2006
The Texas Health and Human Services Commission announces its intent to
submit Transmittal Number 06-013, Amendment Number 731, to the Texas State
Plan for Medical Assistance, under Title XIX of the Social Security Act. The
purpose of this amendment is to add program policy and reimbursement methodology
for Medicaid services provided by physicians assistants (PAs) in response
to Senate Bill 1, 79th Legislature, Regular Session, 2005, Health and Human
Services Commission (HHSC) Appropriations Rider 72. The proposed amendment
is effective July 1, 2006.
The proposed amendment is estimated to result in cost savings of $114,951.05
for state fiscal year (SFY) 2006, with approximately $69,752.30 cost savings
in federal funds and approximately $45,198.75 cost savings in state general
revenue, and annual estimated cost savings of $243,425.88 for SFY 2007, with
approximately $147,929.91 cost savings in federal funds and approximately
$95,495.97 cost savings in state general revenue.
To obtain copies of the proposed amendment, interested parties may contact
Barbara Davenport, Policy Assistant, by mail at Policy Development Support,
Medicaid/CHIP Division, Texas Health and Human Services Commission, P. O.
Box 85200, H-600, Austin, Texas 78708-5200; by telephone at (512) 491-1104;
by facsimile at (512) 491-1953; or by e-mail at Barbara.Davenport@hhsc.state.tx.us.
Copies of the proposal will also be made available for public review at the
local offices of the Texas Department of Aging and Disability Services.
TRD-200601292
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: March 1, 2006
Notice of Funding Availability
HOME Investment Partnerships Program
PY 2006 Single Family Funding Cycle
The Texas Department of Housing and Community Affairs (Department) announces
the availability of approximately $23,000,000 for the 2006 Single Family funding
cycle for the HOME Investment Partnerships Program (HOME). The availability
and use of these funds is subject to the State HOME Rules (10 TAC Chapter
53) and the Federal HOME regulations governing the HOME Program (24 CFR Part
92).
ALLOCATION OF PY 2006 FUNDS
Section 2306.111, Texas Government Code, mandates the Department to allocate
housing funds awarded in the HOME Program to each Uniform State Service Region
using the Regional Allocation Formula, developed by the Department.
Section 2306.111, Texas Government Code, also mandates the Department to
allocate no less than 95 percent of the HOME Program Funds to applicants which
serve households located in a non-participating jurisdiction (non-PJ). Subject
to the availability of qualified applications, a minimum of five percent of
the annual HOME Program funds will be allocated to applicants serving persons
with disabilities. HOME funds may be expended in a Participating Jurisdiction
(PJ), only if it funds a rental development that serves persons with disabilities.
No single family activities will be funded in a PJ.
ELIGIBLE APPLICANTS
* Units of General Local Government
* Nonprofit Organizations
* Public Housing Authorities (PHAs)
DESCRIPTION OF ACTIVITIES
Homebuyer Assistance (HBA)
Downpayment and closing cost assistance is provided to first time homebuyers
for the acquisition of affordable single family housing.
Eligible first time homebuyers may receive loans up to $10,000 for down
payment and closing costs. HBA assistance will be in the form of a 2nd or
3rd lien, 0% interest, 10-year deferred forgivable loan. The loan is to be
repaid at the time of resale of the property, refinance of the first lien,
repayment of the first lien, or if the unit ceases to be the assisted homebuyer's
principal residence, if any of these occurs before the end of the 10-year
term. The amount of recapture will be based on the pro-rata share of the remaining
loan term.
At the completion of the assistance, all properties must meet all applicable
codes and standards, as specified in the application guide. Compliance with
the basic access standards in new construction, established by §2306.514,
Texas Government Code, is also required for any applicants utilizing Federal
or State funds administered by the Department in the construction of single
family homes.
This activity will comprise 20% of the HOME allocation that will be available
through the Regional Allocation Formula process, approximately $4,600,000.
Owner Occupied Housing Assistance (OCC)
Rehabilitation or reconstruction cost assistance, in the form of deferred
forgivable or repayable loans, is provided to homeowners for the repair or
reconstruction of their existing homes. The homes must be the principal residence
of the homeowner.
At the completion of the assistance, all properties must meet all applicable
codes and standards, as specified in the application guide. In addition, all
housing that is reconstructed or rehabilitated with HOME funds must meet all
applicable local codes, rehabilitation standards, ordinances, and zoning ordinances
in accordance with 24 CFR §92.251(a). If a home is reconstructed, the
applicant must also ensure compliance with the universal design features in
new construction, established by §2306.514, Texas Government Code, required
for any applicants utilizing federal or state funds administered by the Department
in the construction of single family homes.
This activity will comprise 65% of the HOME allocation that will be available
through the Regional Allocation Formula process, approximately $15,100,000.
Tenant Based Rental Assistance (TBRA)
Rental subsidy and security and utility deposit assistance is provided
to tenants, in accordance with written tenant selection policies, for a period
not to exceed twenty four months. TBRA allows the assisted tenant to move
to and live in any dwelling unit with a right to continued assistance with
the condition that assisted families participate in a Self-Sufficiency Program.
This activity will comprise 15% of the HOME allocation that will be available
through the Regional Allocation Formula process, approximately $3,500,000.
COMPETITIVE REVIEW OF APPLICATIONS
HOME project funds will be awarded competitively per State of Texas HOME
Program Rules, 10 TAC §§53.50 - 53.63. General Selection Criteria
is listed in the State of Texas HOME Program Rules, 10 TAC §§53.50
- 53.63, and forms the basis for the State's development of scoring criteria
for each Activity. Scoring criteria will include the implementation of various
bills, riders, and agency goals, and is defined in 10 TAC §53.61. The
Department will conduct the review and scoring of all applications, by region
where applicable, and make recommendations for funding.
SELECTION PROCESS
All applications for funds received are reviewed for threshold requirements
regarding application documentation and compliance with Department requirements
of previously awarded contracts. Qualifying applications are then ranked using
scoring criteria in 10 TAC §53.61. The highest scoring OCC, HBA, and
TBRA applicants will be recommended up to the limit of funds available per
region, and area type. Should an Activity not have enough qualified applicants,
the funds will be redirected to the next Activity in the region that had a
higher number of qualified applicants.
APPLICATION PROCEDURES, FINAL FILING
The HOME Application Guide will be available on the Department's website
at www.tdhca.state.tx.us on Friday, March 3, 2006, or you may call (512) 475-3993
to request a copy. Applications must be on forms provided by the Department,
and cannot be altered or modified and must be in final form before submitting
them to the Department.
Deadline date for submitting a COMPLETE application and application fee
is Friday, April 28, 2006, at 5:00 p.m. CST. Regardless if an application
is hand-delivered, mailed through the U.S. Postal Service, or sent through
a private carrier such as Federal Express or Airborne, the application must
be received by the Department no later than Friday, April 28, 2006, at 5:00
p.m. CST. Applications will not be accepted through facsimile.
Applications mailed via the U.S. Postal Service
must
be mailed to:
Texas Department of Housing and Community Affairs
Single Family Finance Production Division
P.O. Box 13941
Austin, Texas 78711-3941
Applications mailed by private carrier or hand-delivered will be received
at the physical address of:
Texas Department of Housing and Community Affairs
Single Family Finance Production Division
221 East 11th Street
Austin, Texas 78701
Applicants are required to remit a non-refundable application fee payable
to the Texas Department of Housing and Community Affairs in the amount of
$30 per application. Please send check, cashier's check or money order; do
not send cash. Section 2306.147(b) of the Texas Government Code requires the
Department to waive grant application fees for nonprofit organizations that
offer expanded services such as child care, nutrition programs, job training
assistance, health services, or human services. These organizations must include
proof of their exempt status in lieu of the application fee. The application
fee is not an eligible or reimbursable cost under the HOME Program.
Applications that do not meet the filing deadline and application fee requirements
will be returned to the applicant and will not be considered for funding.
An applicant may appeal decisions made by the Department in accordance
with 10 TAC §1.7 and §1.8.
This NOFA does not include text of the various applicable regulatory provisions
that may be important to the HOME Program. For proper completion of the application,
the Department strongly encourages potential applicants to review the State
and Federal regulations and to attend application training workshops.
APPLICATION WORKSHOPS
The Department will present one-day HOME Program Application Workshops
that will provide an overview of the HOME Program, application preparation
and submission, evaluation criteria and information about the major Federal
and State requirements that may affect a HOME project. The HOME Application
Workshop schedule and registration will be posted on the Department's website
at www.tdhca.state.tx.us on Friday, February 24, 2006.
RESOLUTION REQUIREMENTS
The Department requires that all applications submitted must include an
original resolution from the applicant's direct governing body, authorizing
the submission of the application.
AUDIT REQUIREMENTS
An applicant is not eligible to apply for funds or any other assistance
from the Department unless a past audit or Audit Certification Form has been
submitted to the Department in a satisfactory format on or before the application
deadline for funds or other assistance per 10 TAC §1.3(b). This is a
threshold requirement outlined in the application, therefore applications
that have outstanding past audits will be disqualified. Staff will not recommend
applications for funding to the Department's Governing Board unless all unresolved
audit findings, questions or disallowed costs are resolved per 10 TAC §1.3(c).
TRD-200601299
William Dally
Acting Executive Director
Texas Department of Housing and Community Affairs
Filed: March 1, 2006
Multifamily Housing Revenue Bonds (Grove Village
and Pleasant Village Apartments) Series 2006
Notice is hereby given of a public hearing to be held by the Texas Department
of Housing and Community Affairs (the "Issuer") at Frederick Douglass Elementary
School, 226 N. Jim Miller Road, Dallas, Texas 75217, at 6:00 p.m. on March
29, 2006 with respect to an issue of tax-exempt multifamily residential rental
development revenue bonds in an aggregate principal amount not to exceed $13,000,000
and taxable bonds, if necessary, in an amount to be determined, to be issued
in one or more series (the "Bonds"), by the Issuer. The proceeds of the Bonds
will be loaned to Grove Village Limited Partnership, a limited partnership,
and Pleasant Village Limited Partnership, a limited partnership, or a related
persons or affiliates thereof (the "Borrowers") to finance a portion of the
costs of acquiring, rehabilitating, and equipping two multifamily housing
developments (the "Developments") described as follows: Grove Village Apartments
is a 232-unit multifamily residential rental development located at 7209 South
Loop 12, Dallas County, Texas and Pleasant Village Apartments is a 200-unit
multifamily residential rental development located at 378 N. Jim Miller Road,
Dallas County, Texas. The Developments initially will be owned by the Borrowers.
All interested parties are invited to attend such public hearing to express
their views with respect to the Development and the issuance of the Bonds.
Questions or requests for additional information may be directed to Teresa
Morales at the Texas Department of Housing and Community Affairs, P. O. Box
13941 Austin, TX 78711-3941; (512) 475-3344; and/or teresa.morales@tdhca.state.tx.us.
Persons who intend to appear at the hearing and express their views are
invited to contact Teresa Morales in writing in advance of the hearing. Any
interested persons unable to attend the hearing may submit their views in
writing to Teresa Morales prior to the date scheduled for the hearing. Individuals
who require a language interpreter for the hearing should contact Teresa Morales
at least three days prior to the hearing date. Personas que hablan español
y requieren un intérprete, favor de llamar a Jorge Reyes al siguiente
número (512) 475-4577 por lo menos tres días antes de la junta
para hacer los preparativos apropiados.
Individuals who require auxiliary aids in order to attend this meeting
should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943 or
Relay Texas at (800) 735-2989 at least two days before the meeting so that
appropriate arrangements can be made.
TRD-200600969
William Dally
Acting Executive Director
Texas Department of Housing and Community Affairs
Filed: February 24, 2006
Public Comment Period and Hearing Schedule for U.S.
Department of Housing and Urban Development (HUD) Consolidated Planning Documents
Required to Provide Hurricane Disaster Relief Assistance for the State of
Texas
The Texas Department of Housing and Community Affairs (TDHCA) and the Office
of Rural Community Affairs (ORCA) announce public comment periods and a combined
hearing schedule to gather input on the following HUD required plans:
Amendments to the
2005-2009 State of Texas Consolidated
Plan
and
2006 Consolidated Plan One Year Action
Plan
to Provide Hurricane Disaster Relief Assistance. These amendments
are required to more fully utilize HOME funding for disaster relief assistance.
The public comment period for this document runs March 10, 2006, through April
10, 2006.
Development of a Texas Action Plan for Disaster Recovery. This plan is
required to utilize HUD Community Development Block Grant funding associated
with the Department of Defense Appropriations Act, 2006 (Public Law 109-148,
approved December 30, 2005). The public comment period for this document runs
March 10, 2006 through March 27, 2006. Note that this document has a shorter
public comment period as allowed by a HUD waiver.
On March 10, 2006, both of these documents will be available for review
on the following websites: www.tdhca.state.tx.us and www.orca.state.tx.us.
Printed copies of the documents will be available upon request by calling
(512) 475-3976.
Public hearings will be held at the following times and locations:
Nacogdoches
Nacogdoches Recreation Center
1112 North Street, Room 2
Nacogdoches, TX 75961
March 20, 2006, 6:00 p.m.
Beaumont
South East Texas Regional Planning Commission
2210 Eastex Freeway
Beaumont, TX 77703
March 21, 2006, 10:00 a.m.
Livingston
Livingston Municipal Complex
200 W. Church Street
Livingston, TX 77351
March 22, 2006, 10:00 a.m.
Austin
Stephen F. Austin Building
1700 N. Congress Avenue, Room 170
Austin, TX 78701
March 22, 2006, 6:00 p.m.
Public comment will be accepted directly at the public hearings, by mail,
or via e-mail to the addresses below.
For comment on housing related activities:
TDHCA
Division of Policy and Public Affairs
P. O. Box 13941
Austin, TX 78711-3941
Fax: (512) 469-9606
E-mail: info@tdhca.state.tx.us
For comment on community development related activities:
ORCA
Attention: Oralia Cardenas
P. O. Box 12877
Austin, TX 78711
Fax: (512) 963-6776
E-mail: ocardenas@orca.state.tx.us
For more information on the hearings, contact TDHCA at (512) 475-3976.
Individuals who require a language interpreter for the hearing should contact
Jorge Reyes at least three days prior to the hearing date. Personas que hablan
español y requieren un intérprete, favor de llamar a Jorge Reyes
al siguiente número (512) 475-4577 por lo menos tres días antes
de la junta para hacer los preparativos apropiados. Individuals who require
auxiliary aids or services should contact Gina Esteves, ADA-Responsible Employee,
at (512) 475-3943 or Relay Texas at 1-800-735-2989 at least two days prior
to the scheduled hearing so that appropriate arrangements can be made.
TRD-200601092
William Dally
Executive Director
Texas Department of Housing and Community Affairs
Filed: February 28, 2006
Company Licensing
Application to change the name of TRAVELERS INSURANCE COMPANY to METLIFE
INSURANCE COMPANY OF CONNECTICUT, a foreign life, accident and/or health company.
The home office is in Hartford, Connecticut.
Application to change the name of TRAVELERS LIFE & ANNUITY COMPANY
to METLIFE LIFE AND ANNUITY COMPANY OF CONNECTICUT, a foreign life, accident
and/or health company. The home office is in Hartford, Connecticut.
Application to change the name of AMICUS MUTUAL INSURANCE COMPANY to STONETRUST
COMMERCIAL INSURANCE COMPANY., a foreign fire and/or casualty company. The
home office is in Baton Rouge, Louisiana.
Application for admission to the State of Texas by THE GUARANTEE TITLE
AND TRUST COMPANY, a foreign title company. The home office is in Cincinnati,
Ohio.
Application for admission to the State of Texas by WESTERN AGRICULTURAL
INSURANCE COMPANY, a foreign fire and/or casualty company. The home office
is in West Des Moines, Iowa.
Application for admission to the State of Texas by SANTA FE AUTO INSURANCE
COMPANY, a foreign fire and/or casualty company. The home office is in Santa
Fe, New Mexico.
Any objections must be filed with the Texas Department of Insurance, within
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-200601302
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: March 1, 2006
The following third party administrator (TPA) applications have been filed
with the Texas Department of Insurance and are under consideration.
Application for admission to Texas of COVENTRY MANAGEMENT SERVICES, INC.
(using the assumed name of COVENTRY HEALTH MANAGEMENT SERVICES, INC.), a foreign
third party administrator. The home office is in HARRISBURG, PENNSYLVANIA.
Application for admission to Texas of CORVEL HEALTHCARE CORPORATION, a
foreign third party administrator. The home office is in IRVINE, CALIFORNIA.
Application for admission to Texas of MAGNABENEFITS SOLUTIONS, INC., a
foreign third party administrator. The home office is in GRAND RAPIDS, MICHIGAN.
Application for incorporation in Texas of EMPLOYER EMPLOYEE BENEFIT ADMINISTRATORS,
INC., a foreign third party administrator. The home office is in SAN ANTONIO,
TEXAS.
Any objections must be filed within 20 days after this notice is published
in the
Texas Register
, addressed to the attention
of Matt Ray, MC 107-1A, 333 Guadalupe, Austin, Texas 78701.
TRD-200601303
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: March 1, 2006
Notice of Public Meeting
The Finance Commission of Texas and the Texas Credit Union Commission ("commissions")
jointly propose new §§153.13, 153.18, 153.20, and 153.22, concerning
preclosing disclosures; limitation on application of proceeds; no blanks left
to be filled in any instrument; and copies of documents relating to home equity
lending under Texas Constitution, Article XVI, §50(a)(6). Existing interpretations
§§153.13, 153.18, 153.20, and 153.22 are proposed for repeal in
the
Texas Register
.
The Credit Union Commissioner and the Consumer Credit Commissioner have
been delegated the authority to conduct a public meeting on behalf of the
commissions for the purpose of receiving oral comments, views, and/or testimony
concerning the proposed interpretations. A public meeting will be held in
Austin on April 6, 2006, at 2:00 p.m. in the State Finance Commission Building,
William F. Aldridge Hearing Room, located at 2601 North Lamar Boulevard. To
be considered, an oral comment must be received at this public meeting; at
the conclusion of the meeting, no further oral comments will be considered
or accepted by the commissions.
Persons with disabilities who are planning to attend the meeting and have
special communication or other accommodation needs should contact Joann McAnally
at the Office of Consumer Credit Commissioner at (512) 936-7640. Requests
should be made as far in advance of the meeting as possible.
TRD-200601157
Leslie L. Pettijohn
Commissioner
Joint Financial Regulatory Agencies
Filed: February 28, 2006
Public Notice - Revised Enforcement Plan
The Texas Commission of Licensing and Regulation ("Commission") provides
this public notice that at their regularly scheduled meeting held February
2, 2006, the Commission adopted the Texas Department of Licensing and Regulation’s
("Department") revised enforcement plan which was established in compliance
with Texas Occupations Code, §51.302(c).
Acts of the 79th Texas Legislature, Senate Bill 411, transferred the functions
of the Texas Cosmetology Commission and the Texas State Board of Barber Examiners
to the Texas Department of Licensing and Regulation effective September 1,
2005 and abolished both the Texas Cosmetology Commission and the Texas State
Board of Barber Examiners. The Department’s revised enforcement plan
includes penalty matrices for Barbers and Barbershops, and Barber Schools,
and Cosmetologists and Cosmetology Salons, and Cosmetology Schools.
The enforcement plan gives all license holders notice of the specific ranges
of penalties and license sanctions that apply to specific alleged violations
of the statutes and rules enforced by the Department. The enforcement plan
also presents the criteria that are considered by the Department’s Enforcement
staff in determining the amount of a proposed administrative penalty or the
magnitude of a proposed sanction.
There are four classes of violations for individual barber and cosmetologist
licensees which range from less serious Class A violations to more serious
Class D violations.
Class A violations are posting and public information violations, administrative
violations, sanitation violations, facility and equipment violations, and
violations by students.
Class B violations include practicing without proper license or inspection,
administrative violations, violations by examination proctors, sanitation
violations, facility and equipment violations, and violations by independent
contractors.
Class C violations include unlicensed activity, administrative and advertising
violations, sanitation and public health violations, and sanitation violations
regarding whirlpool foot spas.
Class D violations include failure to comply with a previous order of the
Commission or Executive Director, failure to pay a processing fee for a dishonored
check, or engaging in fraud or deceit in obtaining a certificate, license,
or permit.
There are five classes of violations for barber and cosmetology schools
which range from less serious Class A violations to more serious Class D violations.
Class A violations are posting and public information violations, violations
in operating a school, administrative and sanitation violations, and facility
and equipment violations.
Class B violations include violations in operating a school, administrative
and sanitation violations, and facility and equipment violations.
Class C violations include practicing without proper license or inspection,
violations in operating a school, and refund and administrative violations.
Class D violations include unlicensed activity violations, advertising
violations, sanitation and public health violations, and sanitation violations
regarding whirlpool foot spas.
Class E violations include: granting credit for hours accrued while not
under the supervision of a licensed instructor; directly or indirectly granting
or approving student hours not correctly accrued; engaging in fraud or deceit
in obtaining a certificate, license, or permit; failing to comply with a previous
order of the Commission or Executive Director; failing to pay a processing
fee for a dishonored check. Class E violations also include: failure of a
private beauty culture school license holder to require a school term of not
less than nine months and not less than 1,500 hours instruction for a complete
course in cosmetology or not less than 600 hours instruction for a complete
course in manicuring; and increasing, decreasing, or withholding the number
of credit hours earned by a barber school student.
A copy of the revised enforcement plan is posted on the Department’s
homepage and may be downloaded at www.license.state.tx.us. You may also contact
the Enforcement Division at (512) 463-2906 or by e-mail at enforcement@license.state.tx.us
to obtain a copy of the plan.
TRD-200601304
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Filed: March 1, 2006
Instant Game Number 648 "Super 5's"
1.0 Name and Style of Game.
A. The name of Instant Game No. 648 is "SUPER 5’s". The play style
is "key number match with auto win".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 648 shall be $5.00 per ticket.
1.2 Definitions in Instant Game No. 648.
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, 6, 7, 8, 9, 10, 11, 12, 13,
14, 16, 17, 18, 19, 20, 21, 22, 23, 24, 26, 27, 28, 29, 30, 31, 32, 33, 34,
36, 37, 38, 39, 40, 5 SYMBOL, $1.00, $2.00, $4.00, $5.00, $10,00, $15.00,
$20.00, $25.00, $40.00, $50.00, $100, $500, $1,000, or $50,000.
D. Play Symbol Caption- The printed material appearing below each Play
Symbol which explains the Play Symbol. One caption appears under each Play
Symbol and is printed in caption font in black ink in positive. The Play Symbol
Caption which corresponds with and verifies each Play Symbol is as follows:
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:
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 $5.00, $10.00, $15.00, or $20.00.
H. Mid-Tier Prize - A prize of $50.00, $100, or $500.
I. High-Tier Prize- A prize of $1,000, $5,000, or $50,000.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5)
bar code which will include a three (3) digit game ID, the seven (7) digit
pack number, the three (3) digit ticket number, and the nine (9) digit Validation
Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the
three (3) digit game number (648), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 001 and end with 075 within
each pack. The format will be: 648-0000001-001.
L. Pack - A pack of "SUPER 5’s" Instant Game tickets contains 75
tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1).
The packs will alternate. One will show the front of ticket 001 and back of
075 while the other fold will show the back of ticket 001 and front of 075.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning
ticket or a ticket that does not meet all of the requirements of these Game
Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and
applicable rules adopted by the Texas Lottery pursuant to the State Lottery
Act and referenced in 16 TAC Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "SUPER
5’s" Instant Game No. 648 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 "SUPER 5’s"
Instant Game is determined once the latex on the ticket is scratched off to
expose 45 (forty-five) Play Symbols. If a player matches any of YOUR NUMBERS
play symbols to any of the WINNING NUMBERS play symbols, the player wins the
prize shown for that number. If a player reveals a "5" play symbol, the player
wins all 20 prizes shown. 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 45 (forty-five) 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 or 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 45 (forty-five)
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 45 (forty-five) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures;
17. Each of the 45 (forty-five) Play Symbols on the ticket must be printed
in the Symbol font and must correspond precisely to the artwork on file at
the Texas Lottery; the ticket Serial Numbers must be printed in the Serial
font and must correspond precisely to the artwork on file at the Texas Lottery;
and the Pack-Ticket Number must be printed in the Pack-Ticket Number font
and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot
for spot.
B. No duplicate non-winning Your Numbers on a ticket.
C. No duplicate Winning Numbers on a ticket.
D. No more than four like non-winning prize symbols on a ticket.
E. A non-winning prize symbol will never be the same as a winning prize
symbol.
F. No prize amount in a non-winning spot will correspond with the Your
Number play symbol (i.e., 10 and $10).
G. No Your Number will match any Winning Number play symbol when the win
all symbol appears on a ticket.
H. The win all symbol will only appear on intended winners as dictated
by the prize structure.
I. The "5" symbol will only appear in the Your Numbers play area as indicated
in the above play symbols.
2.3 Procedure for Claiming Prizes.
A. To claim a "SUPER 5’s" Instant Game prize of $5.00, $10.00, $15.00,
$20.00, $50.00, $100, or $500, a claimant shall sign the back of the ticket
in the space designated on the ticket and present the winning ticket to any
Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim
and, if valid, and upon presentation of proper identification, make payment
of the amount due the claimant and physically void the ticket; provided that
the Texas Lottery Retailer may, but is not, in some cases, required to pay
a $50.00, $100, or $500 ticket. In the event the Texas Lottery Retailer cannot
verify the claim, the Texas Lottery Retailer shall provide the claimant with
a claim form and instruct the claimant on how to file a claim with the Texas
Lottery. If the claim is validated by the Texas Lottery, a check shall be
forwarded to the claimant in the amount due. In the event the claim is not
validated, the claim shall be denied and the claimant shall be notified promptly.
A claimant may also claim any of the above prizes under the procedure described
in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "SUPER 5’s" Instant Game prize of $1,000, $5,000, or
$50,000, the claimant must sign the winning ticket and present it at one of
the Texas Lottery’s Claim Centers. If the claim is validated by the
Texas Lottery, payment will be made to the bearer of the validated winning
ticket for that prize upon presentation of proper identification. When paying
a prize of $600 or more, the Texas Lottery shall file the appropriate income
reporting form with the Internal Revenue Service (IRS) and shall withhold
federal income tax at a rate set by the IRS if required. In the event that
the claim is not validated by the Texas Lottery, the claim shall be denied
and the claimant shall be notified promptly.
C. As an alternative method of claiming a "SUPER 5’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;
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 "SUPER 5’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 "SUPER 5’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 6,000,000
tickets in the Instant Game No. 648. The approximate number and value of prizes
in the game are as follows:
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. 648 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. 648,
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-200601022
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: February 27, 2006
Consultant Contract Award
Pursuant to the provisions of Government Code, Chapter 2254, the North
Central Texas Council of Governments publishes this notice of consultant contract
award. The consultant proposal request appeared in the April 15, 2005, issue
of the
Texas Register
(30 TexReg 2332). The
selected consultant will perform technical and professional work to conduct
Phase 3.1 of the Thoroughfare Assessment Program for the Dallas-Fort Worth
Region.
The consultant selected for this project is Kimley-Horn Associates, Inc.,
12700 Park Central Drive, Suite 1800, Dallas, Texas 75251. The maximum amount
of this contract is $1,874,711.
TRD-200601182
R. Michael Eastland
Executive Director
North Central Texas Council of Governments
Filed: March 1, 2006
Pursuant to the provisions of Government Code, Chapter 2254, the North
Central Texas Council of Governments publishes this notice of consultant contract
award. The consultant proposal request appeared in the September 2, 2005,
issue of the
Texas Register
(30 TexReg 5443).
The selected consultant will perform technical and professional work for the
Development of an Internet-Based Commuter Registration and Participation Tracking
Application for the Employee Trip Reduction Program.
The consultant selected for this project is Ecology and Environment, Inc.,
368 Pleasant View Drive, Lancaster, NY 14086. The maximum amount of this contract
is $95,815.
TRD-200601183
R. Michael Eastland
Executive Director
North Central Texas Council of Governments
Filed: March 1, 2006
Acceptance of Land Donation
Estero Llano Grande Site of the World Birding Center
In a meeting on April 6, 2006, the Texas Parks and Wildlife Commission
(the Commission) will consider the proposed acceptance of unoccupied portions
of approximately 18.5 acres in Hidalgo County as part of the City of Weslaco’s
contribution to the development of the Estero Llano Grande site of the World
Birding Center in Weslaco. The meeting will start at 9:00 a.m. at 4200 Smith
School Road, Austin, Texas. The Commission will also consider authorizing
the Texas Parks and Wildlife Department Executive Director to accept additional
portions of the 18.5 acres as those areas are vacated. In January 2006, the
Commission was briefed by Texas Parks and Wildlife Department staff regarding
the proposed donation and staff was authorized to proceed with obtaining public
input. On March 9, 2006, a public hearing is being held in Hidalgo County
regarding the proposed donation. Before taking action, the Commission will
take public comment regarding the proposed transaction. Prior to the date
of the meeting, public comment may be submitted to Martha "Marcy" Martinez,
Texas Parks and Wildlife Department, 154A Lakeview Drive, Weslaco, Texas 78596
or by email at martha.martinez@tpwd.state.tx.us.
TRD-200601293
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Filed: March 1, 2006
Richland Creek Wildlife Management Area
In a meeting on April 6, 2006, the Texas Parks and Wildlife Commission
(the Commission) will consider the proposed acceptance of approximately 68
acres located in Freestone County within the Richland Creek Wildlife Management
Area. The meeting will start at 9:00 a.m. at 4200 Smith School Road, Austin,
Texas. Before taking action, the Commission will take public comment regarding
the proposed transaction. Prior to the date of the meeting, public comment
may be submitted to Dennis Gissell, Texas Parks and Wildlife Department, 4200
Smith School Road, Austin, Texas 78744 or by email at dennis.gissell@tpwd.state.tx.us.
TRD-200601294
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Filed: March 1, 2006
Oil and Gas Nomination, Alazan Bayou Wildlife Management Area, Nacogdoches
County
In a meeting on April 6, 2006, the Texas Parks and Wildlife Commission
(the Commission) will consider a request by Angelina Gathering Company, LLC
to use of a portion of real property at Alazan Bayou Wildlife Management Area
to construct a six-inch pipeline and operate the line for the transfer of
natural gas within a designated right-of-way easement. TPWD staff has provided
a surface use agreement to survey the proposed easement and issued a construction
license to bore and install the line under the facility. Some vegetation removal
will be required within the easement but surface soil disturbance is not anticipated.
The staff recommendation is to approve the easement for a period of 10 years.
Prior to the date of the meeting, public comment may be submitted to Dennis
Gissell, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin,
Texas 78744 or by email at dennis.gissell@tpwd.state.tx.us.
TRD-200601296
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Filed: March 1, 2006
Oil and Gas Nomination, Sheldon Lake State Park and Environmental Learning
Center, Harris County
In a meeting on April 6, 2006, the Texas Parks and Wildlife Commission
(the Commission) will consider a proposal that a recommendation be forwarded
to the Board for Lease at the General Land Office to nominate 54.47 acres
at Sheldon Lake State Park and Environmental Learning Center in Harris County
for oil and gas lease. The oil and gas on this site is owned by TPWD. Funds
generated from the lease activity will be deposited in the appropriate TPWD
fund. The proposed recommendation to the Board for Lease will request that
no surface occupancy be allowed on the property. Before taking action on this
matter, the Commission will take public comment regarding the proposed transactions.
Prior to the date of the meeting, public comment may be submitted to Corky
Kuhlman, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin,
Texas 78744 or by email at corky.kuhlman@tpwd.state.tx.us.
TRD-200601297
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Filed: March 1, 2006
47 Acres at Lake Brownwood State Park
In a meeting on April 6, 2006, the Texas Parks and Wildlife Commission
(the Commission) will consider the proposed transfer of approximately 47 acres
to the Brown County Water Improvement District. The meeting will start at
9:00 a.m. at 4200 Smith School Road, Austin, Texas. In January 2006, the Commission
was briefed by Texas Parks and Wildlife Department staff regarding the proposed
transfer and staff was authorized to proceed with obtaining public input.
On March 7, 2006, a public hearing is being held in Brown County regarding
the proposed transfer. The 47 acres is included in property that has been
used as a camp by the Girl Scouts-Heart of Texas Council since on or about
1954. If the transfer is approved, it is anticipated that the Brown County
Water Improvement District will enter a long-term lease with the Girl Scouts
for continued use of this property. Before taking action, the Commission will
take public comment regarding the proposed transfer. Prior to the meeting,
public comment may be submitted to Ted Hollingsworth, Texas Parks and Wildlife
Department, 4200 Smith School Road, Austin, Texas 78744 or by email to ted.hollingsworth@tpwd.state.tx.us.
TRD-200601295
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Filed: March 1, 2006
Announcement of Application for State-Issued Certificate of Franchise Authority
The Public Utility Commission of Texas (commission) received an application
on February 21, 2006, for 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 Friendship Cable of Texas, Incorporated,
doing business as Cebridge Connections, for a State-Issued Certificate of
Franchise Authority, Project Number 32435 before the Public Utility Commission
of Texas.
Applicant intends to provide cable service. The requested CFA service area
footprint the municipal boundaries of the municipalities as shown on Exhibit
A to the application.
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 32435.
TRD-200600998
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 24, 2006
On February 22, 2006, TelePacific Communications 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 60329. Applicant intends to relinquish its certificate.
The Application: Application of TelePacific Communications to Relinquish
its Service Provider Certificate of Operating Authority, Docket Number 32440.
Persons wishing to comment on the action sought should contact the Public
Utility Commission of Texas by mail at P. O. Box 13326, Austin, Texas, 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
March 15, 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 32440.
TRD-200600999
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 24, 2006
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application filed on February 21, 2006, for a Certificate of
Convenience and Necessity for service area exception within Bell County, Texas.
Docket Style and Number: Application of TXU Electric Delivery Company (TXU)
for a Certificate of Convenience and Necessity for Service Area Exception
within Bell County. Docket Number 32439.
The Application: Elm Creek Water Supply has requested electric service
to a single point of service to serve a 65 hp pumping unit motor. The proposed
site is located in the singly certificated area of TXU and the nearest TXU
electric facilities are located approximately three miles to the South. McLennan
County Electric Cooperative, Inc (McLennan) presently operates existing electric
facilities less than 1/2 mile from the location. TXU proposes a service area
exception to allow for McLennan to serve the proposed Elm Creek load. Both
applicants are in agreement and support the application.
Persons wishing to comment on the action sought or intervene should contact
the Public Utility Commission of Texas no later than March 20, 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
32439.
TRD-200600965
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 23, 2006
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on February 22, 2006, for a service
provider certificate of operating authority (SPCOA), pursuant to Public Utility
Regulatory Act (PURA) §§54.151 - 54.156. A summary of the application
follows.
Docket Title and Number: Application of Hamilton Telephone Company, doing
business as Hamilton Telecommunications, for a Service Provider Certificate
of Operating Authority, Docket Number 32444 before the Public Utility Commission
of Texas.
Applicant intends to provide plain old telephone service, long distance,
and relay services.
Applicant's requested SPCOA geographic area includes the entire state of
Texas.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas by mail at P. O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
March 15, 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 32444.
TRD-200601000
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 24, 2006
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application filed on February 24, 2006, for an amendment to
certificated service area boundaries within Cameron County, Texas.
Docket Style and Number: Application of the Brownsville Public Utilities
Board (BPUB) to Amend Electric Utility Certificated Service Area Boundaries
within Cameron County (Rancho Simpatico Subdivision). Docket Number 32451.
The Application: The application encompasses an area of land which is singly
certificated to American Electric Power Company (AEP), formerly known as Central
Power & Light (CP&L), and is within the corporate limits of the City
of Brownsville. BPUB received a letter request from Paula Sladek LeGros, requesting
BPUB to provide electric utility service to a proposed subdivision. The property
encompasses 166.09 acres of land. The estimated cost to BPUB to provide service
to this proposed area is $586,765.60. The area is presently undeveloped. If
the application is granted the area would be dually certificated for electric
service.
Persons wishing to comment on the action sought should contact the Public
Utility Commission of Texas no later than March 20, 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 32451.
TRD-200601176
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 28, 2006
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application filed on February 17, 2006, for an amendment to
certificated service area boundaries within Kimble County, Texas.
Docket Style and Number: Application of Central Texas Electric Cooperative,
Inc. (CTEC) for Amendment to Certificate of Convenience and Necessity for
Service Area Exception within Kimble County. Docket Number 32428.
The Application: A landowner has requested service to an undeveloped area
of land located within a service area certificated to Pedernales Electric
Cooperative, Inc. (PEC). CTEC currently serves other loads on the property
and CTEC's existing facilities are closer to the location at which the customer
desires service. PEC proposes to transfer the subject area to CTEC and relinquish
the right or obligation to provide delivery service within the subject area.
Both applicants are in agreement and support the application.
Persons wishing to comment on the action sought or intervene should contact
the Public Utility Commission of Texas no later than March 17, 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
32428.
TRD-200600964
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 23, 2006
Notice is given to the public of the filing on February 23, 2006, with
the Public Utility Commission of Texas (Commission), a notice of intent to
file a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive
Rule §26.214. The Applicant will file the LRIC study on March 3, 2006.
Docket Title and Number: Application of Sugar Land Telephone Company for
Approval of LRIC Study for New Residential Custom Calling Package, the Essential
Package Pursuant to P.U.C. Substantive Rule §26.214, Docket Number 32445.
Any party that demonstrates a justiciable interest may file with the administrative
law judge, written comments or recommendations concerning the LRIC study referencing
Docket Number 32445. Written comments or recommendations should be filed no
later than 45 days after the date of a sufficient study and should be filed
at the Public Utility Commission of Texas, by mail at P. O. Box 13326, Austin,
Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477.
Hearing and speech-impaired individuals with text telephones (TTY) may contact
the Commission at (512) 936-7136 or toll free 1-800-735-2989. All comments
should reference Docket Number 32445.
TRD-200601002
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 24, 2006
Notice is given to the public of the filing on February 23, 2006, with
the Public Utility Commission of Texas (Commission), a notice of intent to
file a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive
Rule §26.214. The Applicant will file the LRIC study on March 3, 2006.
Docket Title and Number: Application of Texas ALLTEL, Incorporated for
Approval of LRIC Study for New Residential Custom Calling Package, the Essential
Package Pursuant to P.U.C. Substantive Rule §26.214, Docket Number 32446.
Any party that demonstrates a justiciable interest may file with the administrative
law judge, written comments or recommendations concerning the LRIC study referencing
Docket Number 32446. Written comments or recommendations should be filed no
later than 45 days after the date of a sufficient study and should be filed
at the Public Utility Commission of Texas, by mail at P. O. Box 13326, Austin,
Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477.
Hearing and speech-impaired individuals with text telephones (TTY) may contact
the Commission at (512) 936-7136 or toll free 1-800-735-2989. All comments
should reference Docket Number 32446.
TRD-200601003
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 24, 2006
Application: On January 31, 2006, the Electric Reliability Council of Texas,
Inc. (ERCOT) filed with the Public Utility Commission of Texas a petition
for approval of the ERCOT compliance process. Pursuant to P.U.C. Substantive
Rule §25.503(j), ERCOT is required to develop and submit for commission
approval a process to monitor material occurrences of non- compliance with
ERCOT procedures, including occurrences that have the potential to impede
ERCOT operations or represent a risk to system reliability.
Docket Style and Number: Petition of the Electric Reliability Council of
Texas for Approval of the ERCOT Compliance Process, Docket Number 32350.
Notice: ERCOT has sent notice of this petition to all Qualified Scheduling
Entities and Resource Entities registered with ERCOT and has posted notice
of this petition on its website. ERCOT filed proof of publication on February
2, 2006.
Persons wishing to intervene in this proceeding shall do so no later than
Friday, March 24, 2006. A technical conference will be held on Tuesday, March
28, 2006, at 10:00 a.m. in the Commissioners' Hearing Room at the commission's
offices, 1701 N. Congress Avenue, Austin, Texas 78701. The purpose of the
technical conference is to allow interested parties to ask clarifying questions
and to provide comments on the compliance process. The deadline for initial
written comments on ERCOT's petition is Friday, April 7, 2006, and replies
to those comments are due on Friday, April 21, 2006. Persons may 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.
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 32350.
TRD-200601170
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 28, 2006
The staff of the Public Utility Commission of Texas (commission) will hold
a workshop regarding Entergy Gulf State Inc.'s plan for identifying a power
region on Wednesday, March 29, 2006, at 10:00 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. Project Number 32217,
Entergy Gulf State Inc.'s Plan for Identifying an Applicable Power Region
Pursuant to PURA §39.452(f),
has been established for this proceeding.
Ten days prior to the workshop, the commission shall make available in
Central Records, under Project Number 32217, an agenda for the format of the
workshop.
Questions concerning the workshop or this notice should be referred to
Adrianne G. Brandt, Senior Retail Market Analyst, Electric Industry Oversight,
(512) 936-7384. Hearing and speech-impaired individuals with text telephones
(TTY) may contact the commission at (512) 936-7136.
TRD-200601168
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 28, 2006
Notice of Public Hearing
Pursuant to Texas Civil Statutes, Article 179e, §6.06, an administrative
law judge from the State Office of Administrative Hearings will conduct an
administrative hearing for the Texas Racing Commission in SOAH Docket No.
476-04-5361, in the
Matter of an Application for
a Class 2 Horse Racetrack License in Webb County, Texas.
The hearing
is currently set to begin at 9 a.m. on Monday, March 27, 2006, at the State
Office of Administrative Hearings, William P. Clements Building, 300 West
15th Street, Fourth Floor, Austin, Texas. However, this location is subject
to change. If there is a change of location, an amended notice with the new
location will also be published in the
Texas Register.
All interested persons are welcome to attend.
The applicants, Laredo Race Park, LLC and LRP Group, Ltd., assert that
they are both qualified to receive a Class 2 horse racetrack license.
The hearing will be conducted in accordance with the Administrative Procedure
Act, Texas Government Code, Chapter 2001, State Office of Administrative Hearings
Rules of Procedure, 1 Texas Administrative Code Chapter 155, and the Texas
Racing Commission Rules, 16 Texas Administrative Code Chapter 307.
Questions regarding this matter should be directed to Charla Ann King,
Executive Secretary, Texas Racing Commission, P.O. Box 12080, Austin, Texas
78711, (512) 833-6699, fax (512) 833-6907.
TRD-200601184
Elizabeth G. Goins
General Counsel
Texas Racing Commission
Filed: March 1, 2006
Notice of Consultant Contract Availability
Stephen F. Austin State University (the University) invites proposals from
fundraising consultants and firms to conduct a fundraising feasibility study
for a comprehensive campaign. Established in 1923, the University consists
of six academic colleges and a strong student activities division including
intercollegiate athletics. There are several auxiliary organizations (SFASU
Foundation, SFA Alumni Foundation, SFA Real Estate Foundation, SFA Alumni
Association) existing to support the University by raising money and stewarding
relationships.
The mission of the University is to provide students a foundation for success,
a passion for learning and a commitment to responsible global citizenship
in a community dedicated to teaching, research, creativity, and service. The
governing body of the University is the Board of Regents consisting of nine
members. The Board of Regents set an aggressive fundraising agenda for capital
projects and endowments making the prospective goal of a comprehensive campaign
range between $80 - $100 million.
REQUIRED SERVICES: The consultant will be required to provide the following
services: 1. An assessment of the perception of the University's strengths,
weaknesses, and distinctive contributions to the region, state and community;
2. A determination of the University's readiness to conduct a major fundraising
campaign and its capacity to manage the organizational impact of such a campaign.
This will include an analysis of the University's ability to raise the amount
needed (estimated at $80 - $100 million) to achieve its planning objectives;
3. An identification of significant opportunities, potential volunteers, sources
of support, prospective donors, and strategies to position the University
as a potential major recipient of funding support. This will include the development
of a list of prospective lead and advance gift donors and identification of
their preferred types of donor recognition; 4. Assistance in formulating the
University's case statement; 5. Identification of prospective campaign leadership
and key volunteers for a successful campaign; 6. An overall campaign strategy
and timeline including a proposed "rollout" of regional schedule of campaign
activities and a campaign budget including professional consulting fees; 7.
An assessment of obstacles and important issues including the possible strategies
for addressing them; 8. Recommended strategies for on-going consultation that
would maximize the fundraising potential of the University's campaign.
The selected consultant will prepare a written report which summarizes
the study results and will be prepared to present the findings orally. A draft
of this report will be reviewed in detail with the University administration
to ensure that it addresses all elements of the required services prior to
finalization of the report. The consultant will also be prepared to present
in person the findings at a scheduled meeting of the University Boards of
Regents.
PROPOSAL FORMAT: The following components are required for completion of
a response to this Request for Proposals: 1. Statement of Firm History and
Qualifications - Provide a summary of the firm and describe the overall strength
of the company. Include location of corporate headquarters and any regional
offices, depth of professional and support staff, number of years in business,
ownership structure, and primary contact person. Provide also a full list
of consulting services offered by the firm; 2. Resume of proposed Project
Leader - Provide a resume of the individual proposed as the primary contact
person and Project Leader for this study and possible follow-up services.
The Project Leader may not be changed without the prior approval of the University.
The resume should include at a minimum the number of years of experience with
fundraising campaigns, and the references (contact name and phone number)
with whom the individual has worked on similar studies within the past 5 years;
3. Methodology - Describe the methodology proposed for the study, including
acceptable sample sizes and response rates as well as a schedule of completion
dates for the study; 4. Itemization of Deliverables - The deliverables will
include the preliminary draft report, a final written report, informal discussions
with key personnel, and oral reports to the University administration and
Board of Regents. The final written report will include a prospective list
of major gift donors and a list of funding priorities that have garnered interest
among the prospects; 5. References - Provide references from at least five
clients comparable to the University that represent successful completed campaigns;
6. Fee Structure - Detail the proposed fee structure for completion of the
required services.
Respondents should submit one unbound fully executed original, clearly
marked on the cover, and five copies of the proposal.
PROPOSAL DEADLINE: Proposals must be received no later than 5:00 p.m. March
31, 2006. Proposals may be delivered as follows: By hand to Jerry E. Holbert,
Ph.D., CFRE, Vice President for University Advancement, Stephen F. Austin
State University, Suite 303 Austin Building, Vista Drive, Nacogdoches, Texas;
By mail to P. O. Box 6092, SFA Station, Nacogdoches, Texas 75962; Electronically
to jholbert@sfasu.edu.
SELECTION CRITERIA: The firm or individual selected to perform this project
will be chosen on the basis of competitive proposals received in response
to this request for proposals. The selection of the winning proposal is expected
by April 15, 2006. Selected candidates will be invited to interview with the
University administration and representatives of the Board of Regents April
12 or 13, 2006. Details regarding the date and location for the interviews
are to be determined later. Candidates invited to make presentations will
be notified by telephone.
COMMENCEMENT OF SERVICES: Commencement of services is expected to be May
1, 2006. The period of service for the contract is expected to be May 1, 2006
- October 1, 2006.
Please contact Dr. Holbert at (936) 468-5406 for further information.
TRD-200601091
R. Yvette Clark
General Counsel
Stephen F. Austin State University
Filed: February 28, 2006
Office of the Attorney General
Capital Area Rural Transportation System
Coastal Coordination Council
Office of Consumer Credit Commissioner
East Texas Council of Governments
Education Service Center, Region XIV
Texas Commission on Environmental Quality
Notice of Public Hearing on Proposed Revisions to 30 TAC Chapter 35 and the State Implementation Plan
Proposed Enforcement Orders
General Land Office
Notice of Invitation for Offers of Major Consulting Services
Office of the Governor
Department of State Health Services
Notice of Intent to Revoke Certificates of Registration
Notice of Intent to Revoke Radioactive Material Licenses
Notice to Withdraw Preliminary Reports for Assessment of Administrative Penalties and Notices of Violations
Texas Health and Human Services Commission
Public Notice
Public Notice
Public Notice
Public Notice
Public Notice
Texas Department of Housing and Community Affairs
Notice of Public Hearing
Public Hearing
Texas Department of Insurance
Third Party Administrator Applications
Joint Financial Regulatory Agencies
Texas Department of Licensing and Regulation
Texas Lottery Commission
North Central Texas Council of Governments
Consultant Contract Award
Texas Parks and Wildlife Department
Acceptance of Land Transfer
Mineral Lease
Mineral Lease
Proposed Land Transfer
Public Utility Commission of Texas
Notice of Application for Relinquishment of a Service Provider Certificate of Operating Authority
Notice of Application for Service Area Exception in Bell County, Texas
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application to Amend Certificated Service Area Boundaries in Cameron County, Texas
Notice of Application to Amend Certificated Service Area Boundaries in Kimble County, Texas
Notice of Intent to File LRIC Study Pursuant to P.U.C. Substantive Rule §26.214
Notice of Intent to File LRIC Study Pursuant to P.U.C. Substantive Rule §26.214
Notice of Petition for Approval of the ERCOT Compliance Process
Notice of Workshop on Entergy Gulf State Inc.'s Plan for Identifying an Applicable Power Region
Texas Racing Commission
Stephen F. Austin State University
Texas Department of Transportation