Pursuant to Chapters 403, 2155, 2156, and 2305 §§2155.001, 2156.121, and 2305.037 of the Texas Government Code, the Comptroller of Public Accounts (Comptroller), State Energy Conservation Office (SECO), announces the issuance of its Request for Proposals (RFP #175p) from qualified, independent firms and institutions to develop and provide a Teacher Education Training and Energy Outreach Program (Services). One or more successful respondents will assist the Comptroller in developing and providing a teacher education and energy outreach program and related services, as directed by the Comptroller. The Comptroller reserves the right to award one or more contracts under this RFP. The successful respondent(s), if any, will be expected to begin performance of the contract(s), if any, awarded under this RFP on or about June 15, 2006.

Contact: Parties interested in submitting a proposal should contact William Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 East 17th Street, ROOM G-24, Austin, Texas 78774 (Issuing Office), telephone number: (512) 305-8673, to obtain a copy of the RFP. The Comptroller will mail copies of the RFP only to those specifically requesting a copy. The RFP will be available for pick-up at the above-referenced address on or after Friday, May 5, 2006, after 10:00 a.m., Central Zone Time (CZT), and during normal business hours thereafter. The Comptroller will also make the complete RFP available electronically on the Texas Marketplace on or after Friday, May 5, 2006, 10:00 a.m. (CZT).

All written inquiries, questions, and Non-Mandatory Letters of Intent to propose must be received in the Issuing Office prior to 2 p.m. (CZT) on Friday, May 19, 2006. Prospective respondents are encouraged to fax Letters of Intent and Questions to (512) 475-0973 to ensure timely receipt. The responses to questions and other information pertaining to this procurement will be posted on May 22, 2006, or as soon thereafter as practical, on the Texas Marketplace at: http://www.marketplace.state.tx.us. Non-mandatory letters of intent and questions received after the deadline will not be considered; respondents are solely responsible for verifying timely receipt in the Issuing Office of Letters of Intent and Questions.

Closing Date: Proposals must be received in the Issuing Office at the location specified above no later than 2 p.m. (CZT), on Friday, May 26, 2006. Proposals received in the Issuing Office after this time and date will not be considered; respondents are solely responsible for verifying timely receipt of Proposals in the Issuing Office.

Evaluation and Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria and procedures set forth in the RFP. The Comptroller will make the final decision. The Comptroller reserves the right to accept or reject any or all proposals submitted. The Comptroller is under no legal or other obligation to execute a contract on the basis of this notice or the distribution of any RFP. The Comptroller shall pay for no costs incurred by any entity in responding to this notice or the RFP.

The anticipated schedule of events is as follows:

Issuance of RFP--May 5, 2006;

Non-Mandatory Letters of Intent and Questions Due--May 19, 2006, 2 p.m. CZT;

Official Questions and Responses posted--May 22, 2006 (or as soon thereafter as practical);

Proposals Due--May 26, 2006, 2 p.m. CZT;

Contract Execution--June 15, 2006, or as soon thereafter as practical;

Commencement of Project Activities--June 15, 2006.

TRD-200602271

William Clay Harris

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: April 24, 2006

Notices Mailed April 21, 2006

TCEQ Internal Control No. 03102006-D08; Aro Partners (Petitioner) filed a petition for the creation of Harris County Municipal Utility District No. 457 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 TAC Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) there are no lien holders on the property to be included in the proposed District; (3) the proposed District will contain approximately 634.31 acres located in Harris County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Houston, Texas; and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. By Ordinance No. 2005-829, effective July 5, 2005, the City of Houston, Texas, gave its consent to the creation of the proposed District. The petition further states that the proposed District will: (1) purchase, construct, acquire, maintain, and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, maintain, and operate works, improvements, facilities, plants, equipment, and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; (3) control, abate, and amend local storm waters or other harmful excesses of water, all as more particularly described in an engineer's report filed simultaneously with the filing of the petition; and (4) purchase, construct, acquire, improve, maintain, and operate additional facilities, systems, plants, and enterprises and parks and recreational facilities consistent with the purposes for which the District is created. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project; and from the information available at the time, the cost of the project is estimated to be approximately $45,300,000.

TCEQ Internal Control No. 02162006-D02; Hannover Estates, Ltd. (Petitioner) filed a petition for the creation of Montgomery County Municipal Utility District No. 96 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 TAC Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) there are no lien holders on the property to be included in the proposed District; (3) the proposed District will contain approximately 285.543 acres located in Montgomery County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Houston, Texas, and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. By Ordinance No. 2005-1326, effective December 13, 2005, the City of Houston, Texas, gave its consent to the creation of the proposed District. The petition further states that the proposed District will: (1) purchase, construct, acquire, improve, extend, maintain, and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, improve, extend, maintain, and operate works, improvements, facilities, plants, equipment, and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; (3) control, abate, and amend local storm waters or other harmful excesses of water, all as more particularly described in an engineer's report filed simultaneously with the filing of the petition; and (4) purchase, construct, acquire, improve, maintain, and operate additional facilities, systems, plants, and enterprises consistent with the purposes for which the District is created and permitted under State law. The petition also states that the proposed District may: (1) finance one or more facilities designed or utilized to perform fire-fighting services and (2) purchase interests in land and construct, acquire, improve, extend, maintain, and operate works and improvements for the purpose of providing parks and recreational facilities According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project; and from the information available at the time, the cost of the project is estimated to be approximately $33,950,000.

INFORMATION SECTION

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

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

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

TRD-200602321

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 26, 2006

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is June 5, 2006 . The commission will consider any written comments received; and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate a proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P. O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on June 5, 2006 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, comments on the DOs should be submitted to the commission in writing .

(1) COMPANY: Esperanza Carrasco dba El Pabellon; DOCKET NUMBER: 2004-0402-PST-E; TCEQ ID NUMBER: RN102429362; LOCATION: Highway 67 and Harrington, Presidio County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(a)(1)(A) and Texas Water Code (TWC), §26.3475(c)(1), by failing to have a release detection method capable of detecting a release from any portion of the underground storage tanks (USTs) which contain regulated substances; 30 TAC §334.8(c)(5)(C), by failing to permanently tag, label, or mark the USTs with an identification number listed on the UST registration and self-certification form; 30 TAC §334.8(c)(5)(A)(i), by failing to make available a valid current TCEQ Fuel Delivery Certificate to a common carrier prior to receiving fuel deliveries from April 1 - October 22, 2003; 30 TAC §334.50(d)(1)(B)(ii) and TWC, §26.3475(c)(1), by failing to reconcile the inventory control records on a monthly basis which are sufficiently accurate to detect a release as small as the sum of 1% of the total substance flow-through for the month plus 130 gallons; PENALTY: $56,500; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.

(2) COMPANY: Jesus Jorge Flores dba Corner Store; DOCKET NUMBER: 2004-1232-PST-E; TCEQ ID NUMBERS: 71235 and RN102225448; LOCATION: Mile 6 1/2 West and Mile 9 North, Weslaco, Hidalgo County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of a petroleum UST; PENALTY: $1,050; STAFF ATTORNEY: Becky Combs, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(3) COMPANY: Larry D. Lindsey dba Absolutely Foreign Auto Parts; DOCKET NUMBER: 2005-1102-WQ-E; TCEQ ID NUMBER: RN102955630; LOCATION: 10418 Mykawa Road, Houston, Harris County, Texas; TYPE OF FACILITY: salvage yard; RULES VIOLATED: 30 TAC §281.25(a)(4), Texas Pollutant Discharge Elimination System (TPDES) General Permit Number TXR050000 Part III., Section A.2., and 40 Code of Federal Regulations (CFR), §122.26(c), by failing to update the source water protection programs team member list; 30 TAC §281.25(a)(4), TPDES General Permit Number TXR050000 Part III., Section A.3.(c), and 40 CFR §122.26(c), by failing to conduct a non-storm water investigation within 90 days of filing a notice of intent for permit coverage; 30 TAC §281.25(a)(4), TPDES General Permit Number TXR050000 Part III., Section A.5.(f), and 40 CFR §122.26(c), by failing to conduct annual employee training in 2001, 2002, 2003, and 2004; 30 TAC §281.25(a)(4), TPDES General Permit Number TXR050000 Part III., Section A.4.(b), and 40 CFR §122.26(c), by failing to adequately develop a narrative description of all activities that could potentially be expected to contribute pollutants to storm water; 30 TAC §281.25(a)(4), TPDES General Permit Number TXR050000 Part III., Section A.4.(c)(11), and 40 CFR §122.26(c), by failing to record a significant spill on the site map; 30 TAC §281.25(a)(4), TPDES General Permit Number TXR050000 Part III., Section A.5.(g), and 40 CFR §122.26(c), by failing to conduct and document quarterly site inspections in all four quarters of 2003 and 2004; 30 TAC §281.25(a)(4), TPDES General Permit Number TXR050000 Part III., Section A.5.(h), and 40 CFR §122.26(c), by failing to conduct and document quarterly visual monitoring of the storm water outfall from January to March 2005, and in all four quarters of 2003 and 2004; TWC, §26.121(a), and TPDES General Permit Number TXR050000, Part V., Section M.3., by failing to dispose of fluids in accordance with all applicable state and federal regulations; 30 TAC §281.25(a)(4), TPDES General Permit Number TXR050000 Part III., Section A.7.(b), and 40 CFR §122.26(c), by failing to conduct the annual comprehensive site evaluation in 2001, 2002, 2003, and 2004; 30 TAC §281.25(a)(4), TPDES General Permit Number TXR050000 Part III., Section D.1.(c) and D.2.(c), and 40 CFR §122.26(c), by failing to conduct the annual Hazardous Metals Monitoring in 2002, 2003, and 2004; 30 TAC §281.25(a)(4), TPDES General Permit Number TXR050000 Part V., Section A.3., and 40 CFR §122.26(c), by failing to conduct and document quarterly inspection of vehicles that are stored containing fluids from January to March 2005, and in all four quarters of 2002, 2003, and 2004; 30 TAC §281.25(a)(4), TPDES General Permit Number TXR050000 Part V., Section M.4., and 40 CFR §122.26(c), by failing to conduct the quarterly benchmark samples for total suspended solids, iron, lead, and aluminum at the storm water outfall in all four quarters of 2003 and 2004; PENALTY: $37,380; STAFF ATTORNEY: Shawn Slack, Litigation Division, MC 175, (512) 239-0063; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(4) COMPANY: Marvin's Chevron Service Center, Inc. dba Marvin's Chevron; DOCKET NUMBER: 2005-0043-PST-E; TCEQ ID NUMBERS: 31786 and RN101794097; LOCATION: 4450 Kostoryz Road, Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; 30 TAC §334.22(a) and TWC, §5.702, by failing to pay UST fees and associated late fees; PENALTY: $3,150; STAFF ATTORNEY: Alfred Okpohworho, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(5) COMPANY: Robert Beltran; DOCKET NUMBER: 2004-1904-PST-E; TCEQ ID NUMBERS: 22038 and RN104416433; LOCATION: 1813 Adamo Lane, Pearland, Brazoria County, Texas; TYPE OF FACILITY: UST installation, repair, and removal contracting business; RULES VIOLATED: 30 TAC §§30.5(a) and (b), 30.301(b), and 334.401(b), and TWC, §26.452(a), by failing to obtain an occupational license or registration from the commission prior to installation, repair, or removal of a regulated UST system; PENALTY: $1,000; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(6) COMPANY: Sand & Gravel, Inc.; DOCKET NUMBER: 2005-1509-WQ-E; TCEQ ID NUMBER: RN102993300; LOCATION: 850 Farm-to-Market Road 1287, Graham, Young County, Texas; TYPE OF FACILITY: sand and gravel facility; RULES VIOLATED: 30 TAC §281.25(a)(4) and 40 CFR §122.26(c), by failing to obtain authorization to discharge storm water associated with industrial activity; PENALTY: $1,050; STAFF ATTORNEY: Robert Mosley, Litigation Division MC 175, (512) 239-0627; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

TRD-200602313

Stephanie Bergeron Perdue

Acting Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: April 25, 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 (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is June 5, 2006 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P. O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on June 5, 2006 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, §7.075 provides that comments on an AO should be submitted to the commission in writing .

(1) COMPANY: Brant-Sta, Inc. dba Wilmer Food Mart; DOCKET NUMBER: 2004-0483-AIR-E; TCEQ ID NUMBERS: DB5318B and RN100746510; LOCATION: 406 East Beltline Road, Wilmer, Dallas County, Texas; TYPE OF FACILITY: convenience store with an incinerator; RULES VIOLATED: 30 TAC §116.110(a) and Texas Health and Safety Code (THSC), §382.085(b), by failing to authorize air emissions; 30 TAC §111.127(b) and THSC, §382.085(b), by failing to maintain incinerator usage records; PENALTY: $4,725; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: City of Point; DOCKET NUMBER: 2005-1092-PWS-E; TCEQ ID NUMBERS: 1900004 and RN101391407; LOCATION: on County Road 1470 off Farm-to-Market 47, Rains County, Texas; TYPE OF FACILITY: water treatment plant; RULES VIOLATED: 30 TAC §291.113(f)(4) and THSC, §341.0315(c), by exceeding the maximum contaminant limit (MCL) of 0.080 milligrams per liter (mg/L) for trihalomethanes during 2004; 30 TAC §290.113(f)(5) and THSC, §341.0315(c), by exceeding the MCL of 0.060 mg/L for haloacetic acid during 2004; PENALTY: $700; STAFF ATTORNEY: Rebecca Davis, Litigation Division, MC 175, (512) 239-5487; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(3) COMPANY: City of Texline; DOCKET NUMBER: 2003-1242-MWD-E; TCEQ ID NUMBERS: 11029-001 and RN102844073; LOCATION: on Farm-to-Market Road 296, north of Texline city limits, Dallam County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULES VIOLATED: 30 TAC §305.125(1) and Water Quality Permit Number 11029-001, Section IV, A, by failing to meet the limit of 100 mg/L for five-day biochemical oxygen demand (BOD5) as recorded for the months of January - April 2002, June 2002, and October - December 2002; 30 TAC §305.125(1) and Water Quality Permit Number 11029-001, Section VI, Special Provisions, 3., by failing to operate and maintain the Imhoff tank for optimum wastewater treatment; 30 TAC §305.125(1) and Water Quality Permit Number 11029-001, Section VII, Standard Provisions 2.c., by failing to notify the executive director in writing of the 40% or greater exceedances of BOD5 for the months of February, June, October, and December 2002; 30 TAC §305.125(1) and Water Quality Permit Number 11029-001, Section VI, Special Provision 8., by failing to take and submit soil sample results for the years of 2000, 2001, and 2002, in September of each year; PENALTY: $5,850; STAFF ATTORNEY: Alfred Okpohworho, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Amarillo Regional Office, 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(4) COMPANY: Colorado Fayette Medical Center; DOCKET NUMBER: 2005-0384-PST-E; TCEQ ID NUMBERS: 74916 and RN100906957; LOCATION: 400 Youens Drive, Weimar, Colorado County, Texas; TYPE OF FACILITY: emergency hospital generators; RULES VIOLATED: 30 TAC §37.815 (a) and (b), by failing to provide acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases from the operation of a petroleum underground storage tank (UST); PENALTY: $950; STAFF ATTORNEY: Amie Richardson, Litigation Division, MC 175, (512) 239-2999; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(5) COMPANY: Inara Convenience, Inc. dba Rosedale Texaco; DOCKET NUMBER: 2005-0372-PST-E; TCEQ ID NUMBER: RN101534790; LOCATION: 6101 East Rosedale Street, Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of two petroleum USTs; PENALTY: $3,930; STAFF ATTORNEY: Kathleen Decker, Litigation Division, MC 175, (512) 239-6500; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(6) COMPANY: Jacinto Enterprises, Inc. dba Siesta Grocery; DOCKET NUMBER: 2005-0084-PST-E; TCEQ ID NUMBER: RN102957941; LOCATION: 3164 North United States Highway 277, Eagle Pass, Maverick County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; Texas Water Code (TWC), §26.3475(c) and 30 TAC §334.49(c)(4) and (2)(C), by failing to inspect and test the corrosion protection system within three to six months of initial installation and once every three years thereafter, and by failing to ensure proper operation of the rectifier and other system components by performing 60-day inspections; TWC, §26.3475(c)(1) and 30 TAC §334.50(a)(1)(A), by failing to demonstrate that a valid form of release detection was being used that was capable of detecting a release from any portion of the system; TWC, §26.346(a) and 30 TAC §334.8(c)(4)(A)(vii), by failing to renew a previously issued UST delivery certificate; TWC, §26.3467(a) and 30 TAC §334.8(c)(5)(A)(i), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the USTs; TWC, §26.3475(a) and 30 TAC §334.8(c)(5)(C), by failing to label the fill pipes according to the registration and self-certification form; PENALTY: $13,125; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Laredo Regional Office, 707 East Calton Road, Suite 304, Laredo, Texas 78041-3638, (956) 791-6611.

(7) COMPANY: Joey Nguyen dba Stop & Shop; DOCKET NUMBER: 2005-1128-PST-E; TCEQ ID NUMBER: RN102060803; LOCATION: 5037 Wilbarger Street, Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.246(1), (3), (4), and (6), and THSC, §382.085(b), by failing to maintain for review a copy of the facility's California Air Resources Board (CARB) Executive Order, Stage II facility maintenance records, Stage II employee training records, and a record of daily inspections conducted at the facility; 30 TAC §115.242(3)(A) and (8), and THSC, §382.085(b), by failing to maintain the Stage II vapor recovery system in proper operating condition as specified by CARB Executive Order(s), and free of defects that would impair the effectiveness of the system, and by failing to prevent the tamping with the Stage II vapor recovery; 30 TAC §115.222(1), and THSC, §382.085(b), by failing to have a submerged fill pipe that extends from the top of a tank, a maximum clearance of six inches from the bottom of the tank; 30 TAC §115.245(2), and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment at least once every 12 months; PENALTY: $4,500; STAFF ATTORNEY: Rebecca Davis, Litigation Division, MC 175, (512) 239-5487; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(8) COMPANY: Laredo Paving, Inc.; DOCKET NUMBER: 2005-1816-AIR-E; TCEQ ID NUMBERS: RN104712401; LOCATION: Martin Marietta Materials, Inc. lease, 0.4 miles north of mile marker 16, on the east side of IH-35, Webb County, Texas; TYPE OF FACILITY: mobile hot mix asphalt plant; RULES VIOLATED: 30 TAC §116.110(a) and THSC, §382.085(b) and §382.0518(a), by failing to obtain a site permit prior to operating or to qualify by a permit by rule before operation of the plant at the site; PENALTY: $6,250; STAFF ATTORNEY: Rachael Gaines, Litigation Division, MC 175, (512) 239-0078; REGIONAL OFFICE: Laredo Regional Office, 707 East Calton Road, Suite 304, Laredo, Texas 78041-3638, (956) 791-6611.

(9) COMPANY: Laredo Paving, Inc.; DOCKET NUMBER: 2004-0508-AIR-E; TCEQ ID NUMBERS: 946667U and RN102298916; LOCATION: 15 miles north of Sterling City on United States 87, Sterling County, Texas; TYPE OF FACILITY: mobile hot mix asphalt plant; RULES VIOLATED: 30 TAC §116.110(a) and THSC, §382.085(b), by failing to obtain a site permit prior to operating or to qualify by a permit by rule before operation of the plant at the site; PENALTY: $1,000; STAFF ATTORNEY: Rachael Gaines, Litigation Division, MC 175, (512) 239-0078; REGIONAL OFFICE: San Angelo Regional Office, 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(10) COMPANY: Lone Star Crushed Stone and Sand, Inc.; DOCKET NUMBER: 2005-0997-WQ-E; TCEQ ID NUMBER: RN103936878; LOCATION: 14 County Road 460, Cooke County, Texas; TYPE OF FACILITY: mining and crushing site; RULES VIOLATED: 30 TAC §281.25(a)(4) and Permit Number TXR05R232 Part III, A., by failing to implement a storm water pollution prevention plan (SWP3); 30 TAC §281.25(a)(4) and Permit Number TXR05R232 Part III, D.1(c) and V.J.4, by failing to conduct annual metals monitoring, or complete the annual metals monitoring waiver form and to conduct benchmark monitoring on discharges of storm water associated with industrial activities; TWC, §26.121, by failing to prevent noncompliant discharge to water in the state which resulted in a documented impact to the environment; PENALTY: $15,504; STAFF ATTORNEY: Kathleen Decker, Litigation Division, MC 175, (512) 239-6500; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(11) COMPANY: Marcus Ivan Thomas; DOCKET NUMBER: 2005-1005-OSI-E; TCEQ ID NUMBERS: OS0009110 and RN103350997; LOCATION: 2940 Kimble County Road 371 within Kimble Land Ranches, and 3595 Farm-to-Market Road 385, Kimble County, Texas; TYPE OF FACILITY: on-site sewage facility installer; RULES VIOLATED: 30 TAC §285.50(g)(2), by working as an on-site sewage facility (OSSF) installer while acting in the capacity of an employee for the permitting authority within the permitting authority's area of jurisdiction; 30 TAC §285.61(4) and THSC, §366.051(c), by failing to obtain the permitting authority's authorization to construct an OSSF prior to beginning the construction of an OSSF system owned by another person; PENALTY: $1,000; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: San Angelo Regional Office, 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(12) COMPANY: Maverick Trucking Company, Inc.; DOCKET NUMBER: 2004-0907-MSW-E; TCEQ ID NUMBER: RN104273768; LOCATION: near the intersection of Highway 79 and County Road 122, Williamson County, Texas; TYPE OF FACILITY: trucking business that transports solid waste; RULES VIOLATED: 30 TAC §327.5(a), by failing to abate and contain a spilled substance and fully cooperate with the executive director; PENALTY: $2,500; STAFF ATTORNEY: Kathleen Decker, Litigation Division, MC 175, (512) 239-6500; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(13) COMPANY: Mohammad Salman dba Stop N Drive 1; DOCKET NUMBER: 2003-1156-PST-E; TCEQ ID NUMBERS: 0064345 and RN102025178; LOCATION: 10750 Highway 150, Shepherd, San Jacinto County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.49(a) and TWC, §26.3475(d), by failing to provide corrosion protection for the UST system at the facility; 30 TAC §334.45(e)(2)(D), by failing to equip one UST at the facility with a removable or permanent factory constructed drop tube which shall extend to within 12 inches of the tank bottom; 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by releases arising from operation of the USTs; PENALTY: $9,500; STAFF ATTORNEY: Alfred Okpohworho, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(14) COMPANY: New Braunfels Aero Service, Inc. Dba Brauntex Aviation; DOCKET NUMBER: 2005-1589-PST-E; TCEQ ID NUMBER: RN102247574; LOCATION: 1642 Entrance Drive, New Braunfels, Guadalupe County, Texas; TYPE OF FACILITY: aircraft refueling facility; RULES VIOLATED: 30 TAC §334.49(a) and TWC, §26.3475(d), by failing to provide proper corrosion protection for all USTs; 30 TAC §334.50(a)(1)(A) and (d)(1)(B) and TWC, §26.3475(c)(1), by failing to provide a release detection method capable of detecting a release from any portion of the UST system which contains regulated substances including the tanks, piping, and other underground ancillary equipment; 30 TAC §334.7(d)(3), by failing to amend the registration within 30 days of any change to reflect the current status of the UST system; PENALTY: $6,000; STAFF ATTORNEY: Rachael Gaines, Litigation Division, MC 175, (512) 239-0078; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(15) COMPANY: Saniha & Associates, Inc. dba Brothers Future Food Mart; DOCKET NUMBER: 2003-1249-PST-E; TCEQ ID NUMBER: RN101432268; LOCATION: 4225 Miller Avenue, Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.2475(c)(1) and 30 TAC §334.48(c), § 334.50(b)(1)(A), and (d)(1)(B)(ii), by failing to conduct effective manual or automatic inventory control procedures for all USTs; and by failing to reconcile inventory control records on a monthly basis and by failing to monitor the unleaded plus tank (tank number 1) in a manner which will detect a release at a frequency of at least once each month, not to exceed 35 days between each monitoring; PENALTY: $15,600; STAFF ATTORNEY: Amie Richardson, Litigation Division, MC 175, (512) 239-2999; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(16) COMPANY: Southwest Tire Disposal, L.L.C.; DOCKET NUMBER: 2001-0725-MSW-E; TCEQ ID NUMBERS: 6200001, RN103043956 and RN104002720; LOCATION: 7282 Doniphan, Canutillo, El Paso County, Texas; TYPE OF FACILITY: used and scrap tire facility; RULES VIOLATED: 30 TAC §328.58(b), by failing to properly manifest scrap tires at the Lubbock facility by not including the transporter's driver's license number; 30 TAC §328.59(a) and §328.60(a), by failing to obtain a scrap tire storage site registration prior to storing more than 500 used or scrap tires on the ground or 2,000 used or scrap tires in trailers at the Canutillo facility; 30 TAC §328.57(c)(3), by failing to transport used and scrap tires to an authorized site; 30 TAC §328.54(d), by failing to mark scrap tire transportation vehicles with the required transporter identification information; 30 TAC §328.57(d)(1) and (2), by failing to properly record changes to the transporter manifests; 30 TAC §328.57(c)(1), by failing to register as a transporter prior to transporting used and scrap tires; 30 TAC §328.58(b), by failing to properly manifest scrap tires at the Canutillo facility by not including the transporter's driver's license number, state of issuance of the license, and the transporter's registration number on the manifests; PENALTY: $12,140; STAFF ATTORNEY: Shannon Strong, Litigation Division, MC 175, (512) 239-0972; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.

(17) COMPANY: Sunoco, Inc. (R&M); DOCKET NUMBER: 2005-0794-AIR-R; TCEQ ID NUMBER: RN102888328; LOCATION: 8811 Strang Road, La Porte, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing plant; RULES VIOLATED: 30 TAC §101.211(a) and THSC, §382.085(b), by failing to submit an emission event report for the estimated emissions as a result of a scheduled startup activity; 30 TAC §116.115(c), Air Permit Number 5572B, Special Condition Number 1; and THSC, §382.085(b), by emitting unauthorized air contaminants into the atmosphere; PENALTY: $3,614; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-200602312

Stephanie Bergeron Perdue

Acting Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: April 25, 2006

The following notices were issued during the period of April 20, 2006.

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

COASTAL FLATS, LTD has applied for a renewal of Permit No. 14383-001 to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 73,000 gallons per day via drip irrigation of 17.5 acres of non-public access land in the Final Phase. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located approximately 2,500 feet south of the intersection State Highway 87 and Magnolia Lane and 5.5 miles northeast of the Bolivar Ferry Port in Galveston County, Texas.

CITY OF EAST TAWAKONI has applied for a renewal of TPDES Permit No. 11428-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 130,000 gallons per day. The facility is located approximately 1 mile east of the intersection of State Highway 276 and Farm-to-Market Road 513 on the northeast side of Lake Tawakoni in Rains County, Texas.

GALVESTON COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 12 has applied for a major amendment to TPDES Permit No. 12039-001 to authorize an increase in the discharge of treated domestic wastewater from an annual average flow not to exceed 750,000 gallons per day to an annual average flow not to exceed 1,000,000 gallons per day. The facility is located approximately 500 feet east of State Highway 146 and approximately 2,500 feet southeast of the intersection of Farm-to-Market Road 518 and State Highway 146 (adjacent to 524 Cien) in Galveston County, Texas.

TOWN OF LINDSAY has applied for a renewal of TPDES Permit No. 10923-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 66,000 gallons per day. The facility is located at 100 Sycamore Street, approximately 600 feet east of the Farm-to-Market Road 3108 bridge over Elm Fork Trinity River, southeast of the Town of Lindsay in Cooke County, Texas.

MARTIN OPERATING PARTNERSHIP L.P. has applied for a major amendment to TPDES Permit No. WQ0010931001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 4,000 gallons per day to a daily average flow not to exceed 8,500 gallons per day. The facility is located in the southeast portion of Pelican Island, adjacent to the Galveston Channel, approximately 6,000 feet east of the Todd Shipyards in Galveston County, Texas.

CITY OF PINELAND has applied for a renewal of TPDES Permit No. 10249-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 214,000 gallons per day. The facility is located at the intersection of Thomas Street and Transmission Boulevard in the City of Pineland approximately 1.25 miles southeast of the intersection of U. S. Highway 96 and Farm-to-Market Road 83 in Sabine County, Texas.

RIVER CROSSING CARRIAGE HOUSES, LTD. has applied for a new permit, Proposed Permit No. WQ0014637001, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 16,500 gallons per day via surface irrigation of 225.6 acres of public access land. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site will be located 0.6 mile south of the Guadalupe River Bridge, on the east side of U. S. Highway 281 in Comal County, Texas.

SHELBYVILLE INDEPENDENT SCHOOL DISTRICT has applied for a renewal of TPDES Permit No. 13370-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 11,250 gallons per day. The facility is located at 1,000 feet due south of the intersection of Farm-to-Market Road 147 and State Highway 87, on the west side of State Highway 87 in Shelby County, Texas.

TRD-200602322

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 26, 2006

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on April 19, 2006, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Diversified Investments, Inc. dba Courtesy Mart 109; SOAH Docket No. 582-06-1404; TCEQ Docket No. 2005-1457-PST-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Diversified Investments, Inc. dba Courtesy Mart 109 on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Paul Munguía, Office of the Chief Clerk, (512) 239-3300.

TRD-200602325

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 26, 2006

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on April 20, 2006, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Oshborn, Inc. dba Fast Stop; SOAH Docket No. 582-05-6560; TCEQ Docket No. 2003-0984-PST-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Oshborn, Inc. dba Fast Stop on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Paul Munguía, Office of the Chief Clerk, (512) 239-3300.

TRD-200602323

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 26, 2006

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on April 19, 2006, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Chester L. Slay, Jr. individually; Union Texas Limited Partnership; and Chester L. Slay, Jr., Trustee of Peckham Family Trust; SOAH Docket No. 582-04-0251; TCEQ Docket No. 2000-0396- IHW-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Chester L. Slay, Jr. individually; Union Texas Limited Partnership; and Chester L. Slay, Jr., Trustee of Peckham Family Trust on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC- 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Paul Munguía, Office of the Chief Clerk, (512) 239-3300.

TRD-200602324

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 26, 2006

The Office of the Governor, Economic Development and Tourism Division hereby gives notice that the Office is accepting applications for qualified brokers interested in providing investment services for the Texas Small Business Industrial Development Corporation's Texas Industry Development Revolving Loan program. All investments under the program must comply with the Public Funds Investment Act, Government Code, Chapter 2256.

Interested brokers must submit the following information to the Office of the Governor Economic Development and Tourism Division, Attn: Texas Industry Development Program at P. O. Box 12428, Austin, Texas 78711, or at 221 East 11th Street, Austin, Texas 78701:

(1) name, address, telephone number, and contact person for the dealer;

(2) proof that the dealer is registered in Texas through the National Association of Securities Dealers, Texas State Securities Board or the Comptroller of the Currency; and

(3) documentation regarding whether the dealer is a Historically Underutilized Business (HUB).

Submittals must be postmarked or received by May 19, 2006 at 5:00 p.m.

For additional information, please contact Jesus Morales with the Office of the Governor Economic Development and Tourism Division at (512) 936-0248.

TRD-200602263

Robin Abbott

Assistant General Counsel

Office of the Governor, Economic Development and Tourism Division

Filed: April 21, 2006

Notice is hereby given that the Department of State Health Services (department) ordered all radioactive material located at Cav-Tech of Texas, Inc., and in the possession of Joe B. Crain (unlicensed), Houston, be impounded and temporarily stored at the department's headquarters in Austin, until the radioactive material is transferred to a licensed entity or the department issues other orders.

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-200602339

Cathy Campbell

General Counsel

Department of State Health Services

Filed: April 26, 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: The Heart Institute for Care, P.A., Amarillo, R04712; James G. Price, D.D.S., Corsicana, R10483; Gentle Touch Dentistry, Alice, R21407; Maryam Hariri, D.D.S., Inc., Spring, R21418; Healthcare Clinics, Dallas, R22123; Gulf Coast Chiropractic Center, Texas City, R22138; D. Scott Coats, D.M.D., Lewisville, R23625; SESA Podiatry Associates, P.A., San Antonio, R24338; Mahmoud Honardoost, D.D.S., P.A., Houston, R26438; Alejandro B. Plan, Jr., M.D., Longview, R28747; David A. Braunreiter M.D., P.A., Missouri City, R28768; Parker Road Surgery Center, Plano, Z01055; Valley Baptist Medical Center - Brownsville, Brownsville, Z01783.

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-200602341

Cathy Campbell

General Counsel

Department of State Health Services

Filed: April 26, 2006

Pursuant to 25 Texas Administrative Code, §289.205, the Department of State Health Services (department), filed a complaint against the following licensee: Rinker Materials Polypipe Division, Gainesville, G01972.

The complaint alleges that the licensee has failed to pay required annual fees. The department intends to revoke the radioactive material license; order the licensee to cease and desist use of such radioactive material; order the licensee to divest itself of the radioactive material; and order the licensee to present evidence satisfactory to the department that it has 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 the complaint, the department will not issue an order.

This notice affords the opportunity to the licensee for a hearing to show cause why the radioactive material license 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 license 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-200602340

Cathy Campbell

General Counsel

Department of State Health Services

Filed: April 26, 2006

Multifamily Housing Revenue Refunding Bonds (Champion's Crossing 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 Kyle Elementary School, 500 W. Blanco, Kyle, Texas 78640 at 6:00 p.m. on May 23, 2006 with respect to an issue of tax-exempt multifamily residential rental development revenue refunding bonds in an aggregate principal amount not to exceed $4,550,000 (the "Refunding Bonds"). The Refunding Bonds are being issued for the purpose of refunding a portion of the Issuer's Multifamily Housing Revenue Bonds (Champion's Crossing Apartments) Series 2000 (the "Series 2000 Bonds") currently outstanding in the aggregate principal amount of $7,093,122. The proceeds of the Series 2000 Bonds were loaned to South Creek Housing, Ltd., a limited partnership (the "Borrower") to: (A) finance a portion of the costs of acquiring, constructing, and equipping a multifamily housing development (the "Development") described as follows: 156-unit multifamily residential rental development located at 345 Champion Boulevard, San Marcos, Hays County, Texas and (B) to pay for certain costs of issuing the Series 2000 Bonds. The Development is owned by the Borrower and managed by Capstone Real Estate Services, Inc.

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-200602319

William Dally

Acting Executive Director

Texas Department of Housing and Community Affairs

Filed: April 26, 2006

Multifamily Housing Revenue Bonds (Stonehaven Apartment Homes) 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 Post Elementary School, 7600 Equador, Houston, Harris County, Texas 77040, at 6:00 p.m. on May 25, 2006 with respect to an issue of tax-exempt multifamily residential rental development revenue bonds in an aggregate principal amount not to exceed $12,000,000 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 15301 Stonehaven Apartments, LP, a limited partnership, or a related person or affiliate thereof (the "Borrower") to finance a portion of the costs of acquiring, constructing, and equipping a multifamily housing development (the "Development") described as follows: 192-unit multifamily residential rental development located at approximately the 15301 block of Northwest Freeway, Harris County, Texas. A physical address has not been assigned. Upon the issuance of the Bonds, the Development will be owned by the Borrower.

All interested parties are invited to attend such public hearing to express their views with respect to the Development and the issuance of the Bonds. Questions or requests for additional information may be directed to 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-200602320

William Dally

Acting Executive Director

Texas Department of Housing and Community Affairs

Filed: April 26, 2006

Texas Insurance Code §2703.201 et seq. requires the Department of Insurance to hold a biennial hearing to consider adoption of premium rates and such other matters and subjects relative to the regulation of the business of title insurance as may be requested by any association, any title insurance company, any title insurance agent, any member of the public, or as the Commissioner may determine necessary to consider. Notice of the hearing will appear in the Texas Register at a later date. This notice of call is issued to receive subjects and matters from any association, any title insurance company, any title insurance agent, or any member of the public such that notice of the matters to be considered at the biennial hearing be provided pursuant to the requirements of §§2703.203, 2703.204, 2703.205, 2703.207, and 2703.208. Any association, any title insurance company, any title insurance agent, or any member of the public that would like to request that any matter or subject, in addition to the rates for title insurance, be considered at the biennial hearing must provide a detailed description of the matter or subject no later that June 5, 2006.

All requests should be addressed to the Office of the Chief Clerk, Mail Code 113-2A, P.O. Box 149104, Austin, Texas 78714-9104 (please refer to reference number T-0406-08-I). Requests should be submitted in both hard copy and 3 1/2 inch diskette format.

TRD-200602336

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: April 26, 2006

The Commissioner of Insurance will be accepting, through June 30, 2006, responses from individuals or legal entities interested in providing services as a Special Deputy Receiver ("SDR"). An SDR acts on behalf of the Commissioner of Insurance in his capacity as the Receiver of an insurer that is placed in receivership by the courts for purposes of either rehabilitation or liquidation. Duties and activities under control of an SDR may include:

Obtaining control of the insurer’s operation, and identifying and securing property and records

Marshalling, evaluating, and liquidating assets

Supervising litigation filed by and against the receivership estate

Operating information systems and extracting data

Investigating the liability of any parties responsible for the insurer’s insolvency, and identifying any preferential transfers

Providing notice of the receivership to claimants and interested parties

Coordinating the referral of claims to guaranty associations, and handling claims against the receivership estate

Distributing assets to creditors with approved claims

Filing pleadings, business plans and other reports

An Applicant’s approval to be an Approved Contractor will be valid only during the term of this RFQ, which will commence on or about September 1, 2006, and expire on or about August 31, 2009. Following the expiration of this three-year term, all Approved Contractors will be required to qualify in accordance with a subsequent RFQ in order to submit bid proposals issued after the RFQ term. TDI reserves the right to issue other RFQs for SDRs to add Approved Contractors, if needed, or to obtain bids for similar or related services, at any time during the term of this RFQ.

In the event that the Commissioner determines that an SDR should be appointed in a receivership proceeding during the term of this RFQ, he will issue a Request for Proposal ("RFP"). Only those individuals or legal entities that become qualified in accordance with this RFQ ("Approved Contractors") will have an opportunity to submit a bid proposal in response to any RFP .

Contact Information

Interested parties may obtain the RFQ and application forms via TDI’s web site at http://www.tdi.state.tx.us/company/documents/sdrrfq2006rev.doc, or contact Scott Kyle, Financial Program SDR Process, Texas Department of Insurance, P.O. Box 149104, Mail Code 305-2C, Austin TX 78714, telephone (512) 322-3467, e-mail sdrcontracting@tdi.state.tx.us. Questions & Answers regarding the RFQ will appear as needed on TDI’s website.

Evaluation Criteria Submissions will be evaluated on the basis of the criteria set forth in the RFQ.

Closing Date

Submissions must comply with all requirements of the RFQ, and must be received by the designated contact person no later than 3:00 p.m. on June 30, 2006. Submissions received after that time and date will not be considered.

Note

TDI reserves the right to accept or reject any or all submissions. TDI is under no legal or other obligation to execute a contract on the basis of this notice or the distribution of a subsequent RFP. TDI is not responsible for any costs incurred in responding to this RFQ or any subsequent RFP.

TRD-200602311

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: April 25, 2006

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

Application for incorporation in Texas of PROCESS ONE TPA, L.L.C., a domestic third party administrator. The home office is GARLAND, TEXAS.

Application for admission to Texas of HILLCREST BENEFIT ADMINISTRATORS, INC., a foreign third party administrator. The home office is MOUNT DORA, FLORIDA.

Application for admission to Texas of CYPRESS CARE, INC., a foreign third party administrator. The home office is WILMINGTON, DELAWARE.

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-200602342

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: April 26, 2006

The Texas Department of Insurance, Division of Workers' Compensation will hold a public hearing on Wednesday, May 10, 2006 at 2:00 p.m. in the Tippy Foster Room of the Division of Workers' Compensation's central office located at 7551 Metro Center Drive, Suite 100, Austin, Texas, 78744-1609 (near the intersection of Highway 71 and Riverside Drive).

The Division of Workers' Compensation will hear testimony on amended rules (28 TAC §141.5 Description of the Benefit Review Conference; 28 TAC §141.6 Requesting Interlocutory Orders; §141.7 Division Actions After a Benefit Review Conference.) These proposed rules were published in the Texas Register on February 17, 2006 (31 TexReg 967), and can be viewed on the TDI Division of Workers' Compensation's website at http:/www.tdi.state.tx.us/rules . Although the comment period for these rules closed on March 20, 2006, additional comments will be accepted at the hearing.

The Texas Department of Insurance, Division of Workers' Compensation offers reasonable accommodations for persons attending meetings, hearings, or educational events, as required by the Americans with Disabilities Act. If you require special accommodations, please contact Idalia Cantu at (512) 804-4403 a minimum of two days prior to the hearing date. For further information regarding this notice you may contact Kaylene Ray, Director, Legal Services at (512) 804-4280.

TRD-200602337

Norma Garcia

General Counsel

Texas Department of Insurance, Division of Workers' Compensation

Filed: April 26, 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 August 26, 2005, issue of the Texas Register (30 TexReg 5093). The selected licensed insurance carrier will perform technical and professional work to implement a Pay-As-You-Drive Insurance Pilot Program.

The licensed insurance carrier selected for this project is Progressive Casualty Insurance Company, 6300 Wilson Mills Road, Mayfield Village, Ohio 44143. The maximum amount of this contract is $1,267,436.

TRD-200602331

R. Michael Eastland

Executive Director

North Central Texas Council of Governments

Filed: April 26, 2006

The Public Utility Commission of Texas (commission) received an application on April 21, 2006, to amend a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Project Title and Number: Application of Time Warner Entertainment-Advance/Newhouse Partnership, doing business as Time Warner Cable, to Amend its State-Issued Certificate of Franchise Authority, Project Number 32638 before the Public Utility Commission of Texas.

Information on the application may be obtained by contacting the Public Utility Commission of Texas by mail at P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference Project Number 32638.

TRD-200602303

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 24, 2006

The Public Utility Commission of Texas (commission) received an application on April 21, 2006, for a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Project Title and Number: Application of Time Warner Entertainment-Advance/Newhouse Partnership (Southwest Division) for a State-Issued Certificate of Franchise Authority, Project Number 32636 before the Public Utility Commission of Texas.

Applicant intends to provide cable service. The requested CFA service area includes the City of Holliday, Texas.

Information on the application may be obtained by contacting the Public Utility Commission of Texas by mail at P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference Project Number 32636.

TRD-200602301

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 24, 2006

Notice is given to the public of a joint application for sale, transfer, or merger filed with the Public Utility Commission of Texas (commission) on April 21, 2006, pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated, §14.101 and §39.158 (Vernon 1998 & Supp. 2005) (PURA).

Docket Style and Number: Joint Application of Topaz Power Group GP, LLC; Topaz Power Group LP, LLC; Coleto Creek Power, LP; and American National Power, Inc. Pursuant to PURA §39.158, Docket Number 32640.

The Application: Topaz Power Group GP, LLC; Topaz Power Group LP, LLC; Coleto Creek Power, LP; and American National Power, Inc. (collectively, Applicants) filed a joint application for approval of Topaz Power Group GP, LLC's and Topaz Power Group LP, LLC's proposed sale of Coleto Creek Power, LP to ANP ERCOT Acquisition, LLC, a wholly-owned subsidiary of ANP. Topaz Power Group GP, LLC and Topaz Power Group LP, LLC have agreed to sell their 0.1% and 99.9% respective ownership interests in Coleto Creek Power, LP to ANP ERCOT Acquisition, LLC. The entity resulting after the sale of Coleto Creek Power, LP to ANP ERCOT Acquisition, LLC will own and control 3,057.2 MW of installed generation capacity in the Electric Reliability Council of Texas (ERCOT), which represents less than 4% of the total installed generation capacity located in or capable of delivering electricity to ERCOT.

Applicants are required to obtain commission approval before closing if the electricity to be offered for sale in ERCOT will exceed 1% of the total electricity for sale in ERCOT. The commission shall approve the transaction unless the commission finds that the transaction results in a violation of PURA, §39.154. Under §39.154, a power generation company may not own and control more than 20% of the installed generation capacity located in, or capable of delivering electricity to ERCOT. Applicants have stated that, since the combined company will own or control 3,057.2 MW of installed generation capacity within ERCOT, this will not exceed the 20% limitation.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P. O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All correspondence should refer to Docket Number 32640.

TRD-200602300

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 24, 2006

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on April 14, 2006, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of HomFone Services, LLC for a Service Provider Certificate of Operating Authority, Docket Number 32620 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service and long distance services.

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

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than May 10, 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 32620.

TRD-200602260

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 21, 2006

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application filed on April 17, 2006, for an amendment to certificated service area boundaries within Victoria County, Texas.

Docket Style and Number: Joint Application of Victoria Electric Cooperative, Inc. (VEC) and AEP Texas Central Company (TCC) for a Certificate of Convenience and Necessity for Service Area Boundaries within Victoria County. Docket Number 32622.

The Application: This boundary change is inside the incorporated city limits of the City of Victoria and is requested to enable TCC to provide service to the City of Victoria in the remainder of Ethel Lee Tracy Park. The City of Victoria desires to expand electric service within the park. VEC is in full agreement with the territory amendment. Both applicants provide electric service in the Victoria area; however, TCC's facilities are in the best position to economically provide the additional service.

Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas no later than May 12, 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 32622.

TRD-200602261

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 21, 2006

On March 8, 2006, the Public Utility Commission of Texas (commission) considered an application filed by the Electric Reliability Council of Texas (ERCOT) in Docket No. 31824, Petition of the Electric Reliability Council of Texas for Approval of the 2006 ERCOT Administrative Fee . During its deliberations in that proceeding, the commission reviewed the level of compensation (including salaries, raises, bonuses, and benefits) paid to ERCOT's officers and employees. The commission expressed concern that the information that it received during the hearing on ERCOT's petition did not address some important issues concerning the level of compensation paid by ERCOT. As a result, the commission directed that a project be initiated to provide additional information on these issues.

Section 39.151 of the Public Utility Regulatory Act (PURA), Texas Utilities Code, §§11.001 - 66.017, requires the commission to ensure that an "independent organization," like ERCOT, "adequately performs the organization's functions and duties." PURA also requires the commission to investigate ERCOT's salaries and benefits and allows the commission to establish a reasonable and competitively neutral rate to cover ERCOT's costs of performing its functions and duties. To perform its statutory duty to oversee and review ERCOT's operations, the commission is authorized to require ERCOT to provide reports and information concerning the organization's revenues, expenses, and other financial matters; and ERCOT is required to fully cooperate with the commission. The commission has determined that an inquiry into the compensation paid by ERCOT is necessary in order to assure that ERCOT can attract and retain the qualified staff that it needs to perform its statutory duties while maintaining the administrative fee at a reasonable level, as required by PURA. The commission intends to review the level of compensation as well as the methods used by ERCOT to review and implement changes in compensation.

Pursuant to the commission's direction, the commission staff has initiated Project No. 32494, PUC Proceeding to Review Employee Compensation Levels of the Electric Reliability Council of Texas . As a part of Project No. 32494, the staff of the commission is requesting that ERCOT provide the information described below.

1. ERCOT is requested to provide an explanation of how it determines the appropriate level of base salary for a job category, including the following: (a) whether the salary level for a job category is fixed; (b) whether the salary level is related to the median level of similar jobs; (c) the range of salary level for a job category stated in terms of maximum and minimum or percentage from the midpoint; and (d) the standards and criteria ERCOT uses to determine the starting salary for a particular employee within that range.

2. ERCOT is requested to provide an explanation of how it determines the appropriate level of bonus for an officer or employee, including the following: (a) which officers and employees are eligible for bonuses; (b) the level of bonus potentially available to each employee classification; (c) the standards and criteria that ERCOT uses to determine the total amount of bonus money to be included in its fee request; and (d) the standards and criteria ERCOT uses to determine whether a particular officer or employee will receive a bonus and the amount of such bonus.

3. ERCOT is requested to provide an explanation of how it determines whether an overall pay increase is justified for officers and employees (not including pay increases due to promotions), including the following: (a) how frequently overall pay increases are considered; (b) whether the pay increase is related to the change in the cost of living or other index; and (c) the standards and criteria ERCOT uses to determine whether an overall pay increase is necessary.

4. ERCOT is requested to provide an explanation of how it determines the appropriate level of benefits provided to officers and employees, including the following: (a) whether the same benefits are provided to all officers and employees; (b) whether the level of benefits is related to the type and value of benefits provided by other public or private entities; and (c) the standards and criteria ERCOT uses to determine whether benefits should be added, revised, or eliminated from its compensation structure.

5. ERCOT is requested to provide an explanation of how each element of its compensation structure is critical to the execution of one of the statutory functions listed in PURA §39.151.

6. During the hearing in Docket No. 31824, ERCOT indicated that it would develop a plan to implement certain recommendations contained in a study prepared by Mercer Human Resource Consulting (the Mercer Study). ERCOT is requested to provide a detailed report identifying: (a) which recommendations from the Mercer Study it intends to implement; (b) which recommendations it is not implementing and the reasons why those recommendations are not being implemented; (c) the steps that it will take to implement each recommendation; (d) the timeline for implementing each recommendation; (e) how implementation would affect any of the standards and criteria detailed in response to the previous requests; and (f) any approvals that may be required from the commission to implement any recommendation.

Additionally, the commission requests comments on the following questions:

7. To what group, or groups, should ERCOT officers and employees be compared as a basis for determining whether ERCOT's compensation levels are reasonable? Should different groups be used to determine the reasonableness of different types of compensation ( e.g. , salaries vs. benefits)?

8. Should the commission limit ERCOT's ability to change its compensation levels or require explicit commission approval before such changes can be implemented?

9. What is the appropriate level of allowable relocation expenses in view of the total compensation package offered by ERCOT and the peer groups to which ERCOT is being compared?

10. What is the appropriate level of allowable tuition and registration fees relative to the job duties and the experience level of the various ERCOT employees?

11. Are there employee-related expenses that are handled as "outside-the-budget" decisions, and is it appropriate to allow such "outside-the-budget" expenses?

12. May ERCOT expend funds on budget items that have otherwise been specifically disallowed by the commission?

13. Should the commission adopt rules prohibiting certain types of benefits ( e.g. , corporate events)?

14. What amendments, if any, are needed to P.U.C. Substantive Rule §25.362 or Procedural Rule §22.252 to address the reasonableness of ERCOT compensation levels?

15. What proceedings, if any, should the commission undertake in order to address ERCOT's current or future compensation levels?

The commission has requested that ERCOT file the requested information in this project by Wednesday, May 10, 2006. The commission also invites comments on ERCOT's filing and responses to Questions 7 - 11 from other interested persons. Such comments should be filed in this project by Friday, May 26, 2006. Written comments concerning this project may be filed by submitting 16 copies to the commission's Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. All responses should reference Project Number 32494.

The commission will conduct a workshop on this project at the commission's offices, located in the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701, on Thursday, June 8, 2006, at 10:00 a.m. Interested persons are invited to attend the workshop to provide additional comments or respond to the questions from the commission.

Questions concerning the workshop or this notice should be referred to Patrick J. Sullivan, Staff Attorney, Legal Division, (512) 936-7125. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200602299

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 24, 2006

Pursuant to the authority granted under Texas Transportation Code, Chapter 223, (enabling legislation), the Texas Department of Transportation (TxDOT) may enter into comprehensive development agreements for the design, development, construction, financing, maintenance, or operation of a toll project on the state highway system. The enabling legislation authorizes private involvement in toll projects and provides a process for TxDOT to solicit proposals for such projects. Transportation Code, §223.203, prescribes requirements for an unsolicited proposal and, if a decision is made to further evaluate the unsolicited proposal, requires TxDOT to publish a request for competing proposals and qualifications in the Texas Register that includes the criteria that will be used to evaluate the original proposal and any competing proposals, the relative weight given to the criteria, and a deadline by which the proposals must be received. The Texas Transportation Commission (commission) has promulgated rules located at Title 43, Texas Administrative Code, §§27.1 - 27.6 (the rules), governing the submission and processing of unsolicited proposals and any competing proposals, and providing for publication of notice that TxDOT is requesting competing proposals and qualifications submittals for development of a toll project with private involvement. The commission has authorized the issuance of a request for competing proposals and qualifications to develop, design, construct, finance, operate, and maintain tolled main lanes and associated facilities along an extension of SH 161 from SH 183, south to I-20 through the cities of Irving and Grand Prairie, as well as other potential facilities to the extent necessary for connectivity and financing (project), through a Comprehensive Development Agreement (CDA).

On September 29, 2005 in Minute Order 110234, the commission authorized TxDOT to commence the unsolicited proposal procurement process for the project under the enabling legislation. This notice represents the next step in the process.

Through this notice, TxDOT is seeking competing proposals and qualifications submittals (PQS) in response to a request for qualifications (RFQ). TxDOT intends to evaluate any PQS received and may request submission of a detailed proposal, potentially leading to negotiation, award, and execution of a CDA. TxDOT will accept for consideration any PQS received in accordance with the rules within 90 days of the publication of this notice. TxDOT anticipates issuing the RFQ, receiving and analyzing the PQSs, developing a shortlist of proposing entities or consortia, and issuing a request for detailed proposals (RFP) to the shortlisted entities. After review and a best value evaluation of the responses to the RFP, TxDOT may negotiate and enter into a CDA for the project.

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

Release of RFQ and Due Date . TxDOT currently anticipates that the RFQ will be available on May 5, 2006. The RFQ will include a conceptual project concept. Copies of the RFQ will be available at TxDOT’s Headquarter office located at 125 E. 11th Street, 5th Floor, Austin, Texas 78701, or on the following website: http://www.dot.state.tx.us . PQSs will be due on August 3, 2006 at the address specified in the RFQ.

TRD-200602343

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: April 26, 2006