In Addition

Texas State Affordable Housing Corporation

Notice of Public Hearing Regarding the Issuance of Bonds

Notice is hereby given of a public hearing to be held by the Texas State Affordable Housing Corporation (the "Issuer") at 12:00 p.m. on May 7, 2007 at 1005 Congress Avenue, Suite 500 (Conference Room), Austin, Texas 78701, on the proposed issuance by the Issuer of one or more series of revenue bonds (the "Bonds") to provide financing and refinancing for the acquisition of single family mortgages in the State of Texas, pursuant to its professional educators home loan program (the "Professional Educators Project"). The maximum aggregate face amount of the Bonds to be issued with respect to the Professional Educators Project is $39,563,000. All interested persons are invited to attend the public hearing to express orally, or in writing, their views on the Professional Educators Project and the issuance of the Bonds. The Bonds shall not constitute or create an indebtedness, general or specific, or liability of the State of Texas, or any political subdivision thereof. The Bonds shall never constitute or create a charge against the credit or taxing power of the State of Texas, or any political subdivision thereof. Neither the State of Texas, nor any political subdivision thereof shall in any manner be liable for the payment of the principal of or interest on the Bonds or for the performance of any agreement or pledge of any kind which may be undertaken by the Issuer and no breach by the Issuer of any agreements will create any obligation upon the State of Texas, or any political subdivision thereof. Further information with respect to the proposed Bonds will be available at the hearing or upon written request prior thereto addressed to David Long at the Texas State Affordable Housing Corporation, 1005 Congress Avenue, Suite 500, Austin, Texas 78701; 1-888-638-3555 extension 402.

Individuals who require auxiliary aids in order to attend this meeting should contact Laura Ross, ADA Responsible Employee, at 1-888-638-3555, extension 400 through Relay Texas at 1-800-735-2989 at least two days before the meeting so that appropriate arrangements can be made.

Individuals may transmit written testimony or comments regarding the subject matter of this public hearing to David Long at dlong@tsahc.org.

TRD-200701433

David Long

President

Texas State Affordable Housing Corporation

Filed: April 17, 2007


Office of the Attorney General

Child Support Guidelines - 2007 Tax Charts

The Child Support Guidelines - 2007 Tax Charts were published in the Texas Register on February 16, 2007 (32 TexReg 642). An error was discovered in a footnote of the 2007 self-employed tax chart. The corrected footnote of the 2007 self-employed tax chart attached below replaces the one published earlier.

Pursuant to §154.061(b) of the Texas Family Code, the Office of the Attorney General of Texas, as the Title IV-D agency, has promulgated the following tax charts to assist courts in establishing the amount of a child support order. These tax charts are applicable to employed and self-employed persons in computing net monthly income.

INSTRUCTIONS FOR USE

To use these tables, first compute the obligor's annual gross income. Then recompute to determine the obligor's average monthly gross income. These tables provide a method for calculating "monthly net income" for child support purposes, subtracting from monthly gross income the social security taxes and the federal income tax withholding for a single person claiming one personal exemption and the standard deduction.

Thereafter, in many cases the guidelines call for a number of additional steps to complete the necessary calculations. For example, §§154.061 - 154.070 provide for appropriate additions to "income" as that term is defined for federal income tax purposes, and for certain subtractions from monthly net income, in order to arrive at the net resources of the obligor available for child support purposes. If necessary, one may compute an obligee's net resources using similar steps.

This agency hereby certifies that the tax charts have been reviewed by legal counsel and found to be within the agency's authority to publish.

For information regarding this publication, you may contact Lauri Saathoff, Agency Liaison at (512) 463-2096.

Employed Persons 2007 Tax Chart

Self-Employed Persons 2007 Tax Chart

TRD-200701409

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: April 16, 2007


Notice of Settlement of a Clean Air Act Enforcement Action

Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Clean Air Act. Before the State may settle a judicial enforcement action, pursuant to the Texas Water Code, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Acts.

Case Title and Court: Settlement Agreement in Harris County, Texas and the Texas Commission on Environmental Quality v. Rohm & Haas Texas, Inc; Cause No. 2006-65186, 280th Judicial District, Harris County, Texas.

Background: This suit alleges violations of the Texas Clean Air Act resulting from the unpermitted emission of 81.4 pounds of hydrogen cyanide at a Rohm & Haas plant in Deer Park, Texas. The Defendant is Rohm & Haas Texas, Inc. The suit seeks injunctive relief, civil penalties, attorney's fees and court costs. The Clean Air Act violations are for air pollution.

Nature of Settlement: The settlement awards $4,687.50 in civil penalties and $1,000.00 in attorney's fees to the State and $4,687.50 in civil penalties and $1,000.00 in attorney's fees to Harris County. The settlement also requires the Defendant to use its best efforts to operate its Deer Park plant in such a manner as to avoid releasing hydrogen cyanide into the air in violation of its permit.

For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment should be reviewed. Requests for copies of the judgment, and written comments on the proposed settlement should be directed to Vanessa Puig-Williams, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0052. Written comments must be received within 30 days of publication of this notice to be considered.

For information regarding this publication, contact Lauri Saathoff, Agency Liaison, at (512) 463-2096.

TRD-200701431

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: April 16, 2007


Texas Clean Air Act Settlement Notice

Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Clean Air Act. Before the State may settle a judicial enforcement action under the Health and Safety Code (Code), the State shall permit the public to comment in writing on the proposed judgment. The Office of the Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code.

Case Title and Court: Harris County, Texas and The State of Texas v. Channel Shipyard Company, Inc., Cause No. 2005-54405 in the 157th Judicial District Court, Harris County, Texas.

Nature of Defendant's Operations: Defendant operates a barge loading and cleaning facility on the Houston Ship Channel in Harris County. Plaintiffs allege that Defendant emitted styrene odors on separate occasions, at such a level to constitute a violation of the Texas Clean Air Act. Complaints concerning the health effects of the emissions included mild headache and respiratory irritation. The Defendant disputes that the emissions were at such a level as to constitute a violation of the Texas Clean Air Act.

Proposed Agreed Judgment: The Agreed Final Judgment permanently requires Defendant to monitor and record wind direction at its facility and cease conducting styrene operations when the wind blows in a direction that will impact the surrounding community, or alternatively to use a control device to reduce or eliminate the emission of styrene. Defendant has agreed to pay Plaintiffs civil penalties in the amount of $31,250.00 which will be divided equally between Harris County and the State of Texas. Defendant will also pay attorney's fees to the State of Texas in the amount of $4,000.00, and to Harris County in the amount of $14,532.00, plus all court costs.

For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment should be reviewed. Requests for copies of the judgment and written comments on the proposed settlement, should be directed to Anthony W. Benedict, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911. Written comments must be received within 30 days of publication of this notice to be considered.

For information regarding this publication, contact Lauri Saathoff, Agency Liaison, at (512) 463-2096.

TRD-200701410

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: April 16, 2007


Coastal Coordination Council

Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of April 6, 2007, through April 12, 2007. 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 April 11, 2007. The public comment period for these projects will close at 5:00 p.m. on May 11, 2007.

FEDERAL AGENCY ACTIONS:

Applicant: MB Harbor, Ltd.; Location: The project is located at the intersection of the Genco outfall canal and Clear Lake. The project can be located on the U.S.G.S. quadrangle map entitled: League City, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 301075; Northing: 3270147. Project Description: The applicant proposes to discharge fill material into 0.012 acre of adjacent wetlands and 0.27 acre of jurisdictional open water of Clear Lake to construct a marina and residential community. The project will also include 4.43-acre of impacts to jurisdictional open water resulting from dredging/excavation activities. The project involves the construction of 79 single-family homes sites with waterway access, 21 non-marina lots and a commercial/retail area as well as one acre of parklands and open spaces. The proposed project site consists of a 37.7-acre parcel east of the canal, a 9.19-acre parcel north of the canal, a 2.19-acre tract west of Marina Way, and a 14.04-acre open water area comprised of the Glen Cove Marina and existing canal. CCC Project No.: 07-0158-F1; Type of Application: U.S.A.C.E. permit application #SWG-2006-25323 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344).

Applicant: Neumin Production Company; Location: The project is located in Lavaca Bay, in State Tracts (ST's) 28 and 36, in Calhoun County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Port Lavaca East, Texas. Approximate UTM Coordinates of the proposed Well #3 in ST 28 are (in NAD 27, meters): Zone 14; Easting: 739616; Northing: 3166499. Approximate UTM Coordinates of the pipeline tie-in to Well #4 in ST 36 are (in NAD 27, meters): Zone 14; Easting: 741401; Northing: 3166981. Project Description: The applicant proposes to install, operate and maintain structures and equipment necessary for oil and gas drilling, production and transportation activities associated with ST 28, Well #3. Such activities include installation of typical marine barges and keyways, production structures with attendant facilities, and a 6,065-foot-long pipeline that extends from ST 28 Well #3 to ST 36 Well #4. The applicant will use a pre-determined access route, and will not dredge an access channel. The applicant proposes to traverse the route to the site with light-loaded equipment, at an appropriate tide level, to maintain 1 foot of clearance between the lowest point on the vessel, while in motion, and the bay bottom. CCC Project No.: 07-0159-F1; Type of Application: U.S.A.C.E. permit application #24432 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 Railroad Commission of Texas under §401 of the Clean Water Act (33 U.S.C.A. §1344).

Applicant: Neumin Production Company; Location: The project is located in Lavaca Bay, in State Tracts (ST's) 30 and 33, in Calhoun County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Port Lavaca East, Texas. Approximate UTM Coordinates of the proposed Well #1 in ST 34 are (in NAD 27, meters): Zone 14; Easting: 740890; Northing: 3162755. Approximate UTM Coordinates of the pipeline tie-in at the shoreline are (in NAD 27, meters): Zone 14; Easting: 739656; Northing: 3162755. Project Description: The applicant proposes to install, operate and maintain structures and equipment necessary for oil and gas drilling, production and transportation activities associated with ST 34, Well #1. Such activities include installation of typical marine barges and keyways, production structures with attendant facilities, and a 4,640 -foot-long pipeline that extends from ST 34 Well #1 to a site on land. The applicant will use a pre-determined access route, and will not dredge an access channel. The applicant proposes to traverse the route to the site with light-loaded equipment, at an appropriate tide level, to maintain 1 foot of clearance between the lowest point on the vessel, while in motion, and the bay bottom. CCC Project No.: 07-0160-F1; Type of Application: U.S.A.C.E. permit application #24433 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 Railroad Commission of Texas under §401 of the Clean Water Act (33 U.S.C.A. §1344).

Applicant: Neumin Production Company; Location: The project is located in Lavaca Bay, in State Tracts (ST's) 28 and 36, in Calhoun County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Port Lavaca East, Texas. Approximate UTM Coordinates of the proposed Well #4 in ST 28 are (in NAD 27, meters): Zone 14; Easting: 740894; Northing: 3166465. Approximate UTM Coordinates of the pipeline tie-in to existing Well #4 in ST 36 are (in NAD 27, meters): Zone 14; Easting: 741401; Northing: 3166981. Project Description: The applicant proposes to install, operate and maintain structures and equipment necessary for oil and gas drilling, production and transportation activities associated with ST 28, Well #4. Such activities include installation of typical marine barges and keyways, production structures with attendant facilities, and a 2,375-foot-long pipeline that extends from ST 28 Well #4 to ST 36 Well #4. The applicant will use a pre-determined access route, and will not dredge an access channel. The applicant proposes to traverse the route to the site with light-loaded equipment, at an appropriate tide level, to maintain 1 foot of clearance between the lowest point on the vessel, while in motion, and the bay bottom. CCC Project No.: 07-0163-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-39 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 Railroad Commission of Texas under §401 of the Clean Water Act (33 U.S.C.A. §1344).

Applicant: Tri-C Resources, Inc.; Location: The project is located in the Gulf of Mexico approximately 16 miles northeast of Freeport, Texas, in State Tracts (ST's) 279-L and 306-L of the Freeport Anchorage Area, Brazoria County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Freeport, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Pipeline Point of Beginning: Zone 15; Easting: 288397; Northing: 3198338. Pipeline Point of Ending: Zone 15; Easting: 285961; Northing: 3195531. Project Description: The applicant proposes to install, operate and maintain a 4-inch pipeline for gathering oil and gas production. The pipeline would run from the Brazos Area ST 279-L Well No. 1 location and terminate at a tie-in with an existing platform in Brazos Area ST 306-L. The pipeline would be approximately 12,185.6 feet in length. The water depth along the route is approximately 55 feet and there are no pipeline crossings. The pipeline would be trenched a minimum of 16.5 feet below the mud line as required in Galveston District Anchorage Areas. Approximately 11,200 cubic yards of material would be displaced during pipeline construction. CCC Project No.: 07-0164-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-158 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 Railroad Commission of Texas under §401 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, Consistency Review Coordinator, 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-200701463

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: April 18, 2007


Comptroller of Public Accounts

Notice of Request for Proposals

Pursuant to Sections 403.011, 2155.001, and 2156.121, Texas Government Code, and Chapter 54, Subchapters F and G, Texas Education Code, the Comptroller of Public Accounts (Comptroller) on behalf of the Texas Prepaid Higher Education Tuition Board (Board) announces its Request for Proposals (RFP) for the purpose of selecting a financial institution or financial institutions to act as plan manager or plan managers in connection with the administration of the state's higher education savings plan (Plan). The Plan manager(s) will manage the investment of funds in the Plan and savings trust agreements from which distributions will be made for qualified higher education expenses at eligible educational institutions as provided in Section 529, Internal Revenue Code of 1986, as amended, and will assist by marketing the higher education savings plan as directed by the Board. The Comptroller and the Board reserve the right to award more than one contract under the RFP. If approved by the Board, the successful respondent(s) will be expected to begin performance of the contract on or about June 30, 2007, with transition complete and all services beginning on or about October 31, 2007.

Contact: Parties interested in submitting a proposal should contact William Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., Room G-24, Austin, Texas 78774, (512) 305-8673, to obtain a complete copy of the RFP. The Comptroller will mail copies of the RFP only to those parties specifically requesting a copy. The RFP will be available for pick-up at the above referenced address on Monday, April 30, 2007, after 10:00 a.m. Central Zone Time (CZT), and during normal business hours thereafter. The Comptroller will also make the entire RFP available electronically on the Electronic State Business Daily Monday, April 30, 2007, after 10:00 a.m. CZT.

Questions and Non-Mandatory Letters of Intent: All written inquiries, questions, and non-mandatory Letters of Intent to propose must be received at the above-referenced address no later than 2:00 p.m. (CZT) on Friday, May 11, 2007. Respondents are encouraged to fax non-mandatory Letters of Intent and Questions to (512) 475-0973 to ensure timely receipt. All Letters of Intent must be addressed to attention of William Clay Harris, Assistant General Counsel, Contracts, and must contain the information as directed in the RFP, and be signed by an official of that entity. On or before Friday, May 18, 2007, the Comptroller expects to post responses to questions as a revision to the notice of issuance of the RFP. Late Non-mandatory Letters of Intent and Questions received after the deadline will not be considered; all respondents are solely responsible for ensuring timely receipt of Questions and Letters of Intent in the Issuing Office.

Closing Date: Proposals must received in the Issuing Office at the location specified above (ROOM G-24) no later than 2:00 p.m. (CZT), on Tuesday, June 5, 2007. Late proposals received after this time and date will not be considered; all respondents are solely responsible for ensuring timely receipt of proposals in the Issuing Office.

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

The anticipated schedule of events pertaining to this solicitation is as follows: Issuance of RFP - April 30, 2007, after 10:00 a.m. CZT; Non-Mandatory Letter of Intent to propose and Questions Due - May 11, 2007, 2:00 p.m. CZT; Official Responses to Questions posted - May 18, 2007; Proposals Due - June 5, 2007, 2:00 p.m. CZT; Contract Execution - June 30, 2007, or as soon thereafter as practical; Commencement of Project Activities - June 30, 2007, or as soon thereafter as practical.

TRD-200701444

Pamela Smith

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: April 17, 2007


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.009, and 304.003, Texas Finance Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 04/23/07 - 04/29/07 is 18% for Consumer 1/Agricultural/Commercial 2/credit through $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 04/23/07 - 04/29/07 is 18% for Commercial over $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 05/01/07 - 05/31/07 is 8.25% for Consumer/Agricultural/Commercial/credit through $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 05/01/07 - 05/31/07 is 8.25% for Commercial over $250,000.

1Credit for personal, family or household use.

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

TRD-200701443

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: April 17, 2007


Credit Union Department

Application for a Merger or Consolidation

Notice is given that the following application has been filed with the Credit Union Department and is under consideration:

An application was received from G H & H Employees Credit Union (Dickinson) seeking approval to merge with SPCO Federal Credit Union (Houston). SPCO Federal Credit Union will be the surviving credit union.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.

TRD-200701452

Harold E. Feeney

Commissioner

Credit Union Department

Filed: April 18, 2007


Application to Amend Articles of Incorporation

Notice is given that the following application has been filed with the Credit Union Department and is under consideration:

An application for a name change was received from Beaumont Municipal Employees Credit Union, Beaumont, Texas. The credit union is proposing to change its name to Beaumont Community Credit Union.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.

TRD-200701453

Harold E. Feeney

Commissioner

Credit Union Department

Filed: April 18, 2007


Applications to Expand Field of Membership

Notice is given that the following applications have been filed with the Credit Union Department and are under consideration:

An application was received from Fellowship Credit Union, San Antonio, Texas to expand its field of membership. The proposal would permit present members and persons on the rolls of St. Anthony de Padua Catholic Church, San Antonio, Texas, to be eligible for membership in the credit union.

An application was received from Beaumont Municipal Employees Credit Union, Beaumont, Texas (#1) to expand its field of membership. The proposal would permit persons who live, work, worship, volunteer or attend school in and businesses and other legal entities located in Jefferson County, Texas, to be eligible for membership in the credit union.

An application was received from Beaumont Municipal Employees Credit Union, Beaumont, Texas (#2) to expand its field of membership. The proposal would permit persons who live, work, worship, volunteer or attend school in and businesses and other legal entities located in Orange County, Texas, to be eligible for membership in the credit union.

An application was received from Beaumont Municipal Employees Credit Union, Beaumont, Texas (#3) to expand its field of membership. The proposal would permit persons who live, work, worship, volunteer or attend school in and businesses and other legal entities located in Hardin County, Texas, to be eligible for membership in the credit union.

An application was received from Memorial Hermann Credit Union, Houston, Texas to expand its field of membership. The proposal would permit persons who live, work, attend school, or worship, and businesses within 10 miles of the branch office of Memorial Hermann Credit Union located at 23920 Katy Freeway, Katy, Texas 77494, to be eligible for membership in the credit union.

An application was received from Pioneer Muslim Credit Union, Houston, Texas to expand its field of membership. The proposal would permit members and employees of the Shia Imami Ismaili Muslim Church in Austin, Texas, to be eligible for membership in the credit union.

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

TRD-200701455

Harold E. Feeney

Commissioner

Credit Union Department

Filed: April 18, 2007


Notice of Final Action Taken

In accordance with the provisions of 7 TAC §91.103, the Credit Union Department provides notice of the final action taken on the following applications:

Applications to Expand Field of Membership - Approved

Texas Dow Employees Credit Union, Lake Jackson, Texas (#1) - See Texas Register issue dated February 23, 2007.

Texas Dow Employees Credit Union, Lake Jackson, Texas (#2) - See Texas Register issue dated February 23, 2007.

Application to Amend Articles of Incorporation - Approved

Kraft America Credit Union, Garland, Texas - See Texas Register issue dated February 23, 2007.

TRD-200701454

Harold E. Feeney

Commissioner

Credit Union Department

Filed: April 18, 2007


Texas Education Agency

Request for eGrant Applications Concerning the Summer Work Study Program for Migrant Secondary Students, 2007-2008

Eligible Applicants. The Texas Education Agency (TEA) is requesting eGrant applications under Request for Applications (RFA) #701-07-109 from colleges and universities in Texas. Eligible applicants must demonstrate a full understanding of the needs of migrant secondary students in Texas and must demonstrate the capacity and ability to implement, operate, and manage the project on a statewide basis.

Description. The purpose of the Summer Work Study Program for Migrant Secondary Students, 2007-2008, is to provide a minimum of 30 eligible migrant students with a six-week college or university work study experience by providing students with dormitory housing and meals on campus, by paying students a minimum wage stipend for meaningful work experience in an office setting, and by providing participating students alternative ways to earn credits toward high school graduation in a college or university classroom setting. Applicants should partner with another entity to provide funds for student stipends. Applicants must demonstrate that the partnering entity has the capacity and the commitment to provide funding to pay students a minimum wage for participating in a meaningful work experience in an office setting.

Dates of Project. The Summer Work Study Program for Migrant Secondary Students, 2007-2008, will be implemented during the 2007-2008 school year. Applicants should plan for a starting date of no earlier than September 1, 2007, and an ending date of no later than August 31, 2008.

Project Amount. Funding will be provided for one statewide project. The project will receive a maximum of $100,000 for the 2007-2008 school year. This project is funded 100 percent from Migrant Education Program federal funds.

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

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

Obtaining Access to TEA's eGrants. The Summer Work Study Program for Migrant Secondary Students, 2007- 2008, grant application is available only through TEA's eGrants and may not be obtained or submitted by any other means. The eGrant application will be available in eGrants on or about May 1, 2007. To apply for access to eGrants, go to http://burleson.tea.state.tx.us/GrantOpportunities/forms. Scroll down to the "eGrants Toolbox" and select "Apply for eGrants Logon." Complete the form as instructed, obtain the required signatures, and send it to the TEA contact listed on the form. Allow two weeks to obtain a username and password.

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

Deadline for Receipt of eGrant Applications. Applications must be submitted to the Texas Education Agency by 5:00 p.m. (Central Time), Thursday, June 7, 2007, to be considered for funding.

TRD-200701460

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: April 18, 2007


Texas Commission on Environmental Quality

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075. 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 proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is May 28, 2007. 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 indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or 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 C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on May 28, 2007. 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 shall be submitted to the commission in writing.

(1) COMPANY: 685 Cedar Creek, Ltd.; DOCKET NUMBER: 2007-0221-EAQ-E; IDENTIFIER: RN105117642; LOCATION: Bexar County, Texas; TYPE OF FACILITY: 59.65-acre site; RULE VIOLATED: 30 Texas Administrative Code (TAC) §213.4(a)(1), by failing to submit an Edwards Aquifer Protection Plan; PENALTY: $8,250; ENFORCEMENT COORDINATOR: Ruben Soto, (512) 239-4571; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(2) COMPANY: Aqua Utilities, Inc.; DOCKET NUMBER: 2007-0017-MWD-E; IDENTIFIER: RN101612406; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: wastewater system; RULE VIOLATED: 30 TAC §305.125(1), Permit Number WQ0013619001, Effluent Limitations and Monitoring Requirements, and the Code, §26.121(a), by failing to comply with permit effluent limits; PENALTY: $1,560; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3) COMPANY: Aqua Utilities, Inc. dba Aqua Texas, Inc.; DOCKET NUMBER: 2006-1525-MWD-E; IDENTIFIER: RN102915451; LOCATION: Trinity County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), Texas Pollutant Discharge Elimination System (TPDES) Permit Number 14096001, Final Effluent Limitations and Monitoring Requirements Numbers 1 and 3, and the Code, §26.121(a), by failing to comply with permitted effluent limitations; PENALTY: $4,410; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(4) COMPANY: Aqua Utilities, Inc. dba Aqua Texas, Inc.; DOCKET NUMBER: 2007-0070-MWD-E; IDENTIFIER: RN101524767; LOCATION: Orange County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0012109001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with permit effluent limits; PENALTY: $3,450; ENFORCEMENT COORDINATOR: Heather Brister, (512) 239-1203; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(5) COMPANY: Aqua Utilities, Inc. dba Aqua Texas, Inc.; DOCKET NUMBER: 2006-1924-MWD-E; IDENTIFIER: RN101525061; LOCATION: Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 11701001, Interim Effluent Limitations and Monitoring Requirements Numbers 1 and 2, and the Code, §26.121(a), by failing to comply with permit effluent limits; PENALTY: $7,880; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(6) COMPANY: Javier B. Armendariz; DOCKET NUMBER: 2006-1902-PST-E; IDENTIFIER: RN101835726; LOCATION: Odessa, Ector County, Texas; TYPE OF FACILITY: abandoned mechanic shop/carwash; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor underground storage tanks (USTs); and 30 TAC §334.49(a)(1) and the Code, §26.3475(d), by failing to provide proper corrosion protection for the UST system; PENALTY: $5,000; ENFORCEMENT COORDINATOR: Patricia Chawla, (512) 239-0739; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 797055404, (915) 570-1359.

(7) COMPANY: Baptist St. Anthony's Hospital Corporation dba Baptist St. Anthony's Health System; DOCKET NUMBER: 2007-0460-PST-E; IDENTIFIER: RN102888443; LOCATION: Potter County, Texas; TYPE OF FACILITY: hospital; RULE VIOLATED: 30 TAC §334.8(c)(5)(A)(i), by failing to possess a valid TCEQ delivery certificate prior to receiving fuel; PENALTY: $875; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(8) COMPANY: City of Blossom; DOCKET NUMBER: 2005-0256-MWD-E; IDENTIFIER: RN101611580; LOCATION: Blossom, Lamar County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10715002, Effluent Limitations and Monitoring Requirements Numbers 1, 3, and 6, and the Code, §26.121(a), by failing to comply with permitted effluent limitations; PENALTY: $10,400; Supplemental Environmental Project (SEP) offset amount of $8,320 applied to providing assistance to repair or replace failing or inadequately designed private sewer lines, access units, and clean-outs for low income residents; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(9) COMPANY: Bohica Investment, Ltd. dba Amigos 10; DOCKET NUMBER: 2007-0461-PST-E; IDENTIFIER: RN101793594; LOCATION: Sutton County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(5)(A)(i), by failing to possess a valid TCEQ delivery certificate prior to receiving fuel; PENALTY: $875; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(10) COMPANY: Country Place\Northwest Home Owners' Association, Inc.; DOCKET NUMBER: 2007-0006-PWS-E; IDENTIFIER: RN101198976; LOCATION: Brenham, Washington County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(f)(2), by failing to maintain water system records and make them available for review; 30 TAC §290.46(m), by failing to maintain the general appearance of the system's facilities and equipment, including maintaining the exterior coating on the pressure tank; 30 TAC §290.42(l), by failing to compile and maintain an up-to-date plant operations manual; 30 TAC §290.41(c)(3)(O) and §290.43(e), by failing to provide an intruder-resistant fence for the well and pressure tank; and 30 TAC §290.45(b)(1)(C)(ii) and (iii) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to provide a minimum total storage capacity of 200 gallons per connection and by failing to provide two or more service pumps with a total rated capacity of two gallons per minute per connection; PENALTY: $1,900; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(11) COMPANY: Drennan Day Custom Homes Inc.; DOCKET NUMBER: 2006-1871-MLM-E; IDENTIFIER: RN105085211; LOCATION: Liberty Hill, Williamson County, Texas; TYPE OF FACILITY: construction site; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations (CFR) §122.26(c), by failing to obtain authorization to discharge storm water associated with construction activities; and 30 TAC §213.21(d), by failing to obtain approval of a contributing zone plan; PENALTY: $16,000; Supplemental Environmental Project (SEP) offset amount of $6,400 applied to Texas Association of Resource Conservation & Development Areas, Inc. ("RC&D") - Abandoned Tire Clean-Up; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.

(12) COMPANY: Equistar Chemicals, LP; DOCKET NUMBER: 2007-0039-AIR-E; IDENTIFIER: RN100210574; LOCATION: Alvin, Brazoria County, Texas; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 19558, Special Condition Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §101.201(a)(1)(B) and THSC, §382.085(b), by failing to report the April 30, 2004, emissions event within twenty-four hours after discovery; PENALTY: $80,191; Supplemental Environmental Project (SEP) offset amount of $40,095 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(13) COMPANY: Exxon Mobil Corporation; DOCKET NUMBER: 2007-0034-AIR-E; IDENTIFIER: RN102212925; LOCATION: Baytown, Harris County, Texas; TYPE OF FACILITY: chemical company; RULE VIOLATED: 30 TAC §116.715(a), Flexible Permit Number 3452, Special Condition Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $44,575; Supplemental Environmental Project (SEP) offset amount of $22,287 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: John Muennink, (361) 825-3100; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(14) COMPANY: Fort Bend Independent School District; DOCKET NUMBER: 2007-0462-PST-E; IDENTIFIER: RN102469665; LOCATION: Stafford, Fort Bend County, Texas; TYPE OF FACILITY: school district with fleet refueling; RULE VIOLATED: 30 TAC §334.8(c)(5)(A)(i), by failing to possess a valid TCEQ delivery certificate prior to receiving fuel; PENALTY: $875; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(15) COMPANY: Benny D. Horn; DOCKET NUMBER: 2007-0459-MWD-E; IDENTIFIER: RN103313250; LOCATION: Corsicana, Navarro County, Texas; TYPE OF FACILITY: operator; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $210; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(16) COMPANY: Jayvik Auto Systems, Inc. dba Speedee Oil Change & Tune Up; DOCKET NUMBER: 2007-0474-PST-E; IDENTIFIER: RN100539923; LOCATION: Denton County, Texas; TYPE OF FACILITY: car maintenance; RULE VIOLATED: 30 TAC §334.50(b)(1)(A), by failing to provide release detection; PENALTY: $1,750; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(17) COMPANY: Kerrville Fast Wash, Inc. dba Five Points Chevron; DOCKET NUMBER: 2007-0454-PST-E; IDENTIFIER: RN100535491; LOCATION: Kerrville, Kerr County, Texas; TYPE OF FACILITY: car maintenance; RULE VIOLATED: 30 TAC §334.50(b)(1)(A), by failing to provide release detection; PENALTY: $1,750; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(18) COMPANY: Key Oil Company dba Lawndale Service Station; DOCKET NUMBER: 2006-1897-PST-E; IDENTIFIER: RN102840113; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.246(1), (3) and (7)(A) and THSC, §382.085(b), by failing to maintain Stage II records and make immediately available for inspection; 30 TAC §115.244(1) and (3) and THSC, §382.085(b), by failing to conduct required daily and monthly inspections of the Stage II vapor recovery system (VRS); 30 TAC §115.248(1) and THSC, §382.085(b), by failing to ensure that at least one station representative received training in the operation and maintenance of the Stage II VRS; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; 30 TAC §334.50(b)(1)(A) and (2) and the Code, §26.3475(a) and (c)(1), by failing to monitor USTs in a manner that will detect a release and by failing to provide proper release detection for the piping associated with the UST system; 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475(a), by failing to test the line leak detectors; 30 TAC §334.50(d)(1)(B)(ii) and the Code, §26.3475(c)(1), by failing to conduct reconciliation of detailed inventory control records; 30 TAC §334.50(d)(1)(B)(iii)(I) and the Code, §26.3475(c)(1), by failing to record inventory volume measurements for regulated substance inputs, withdrawals, and the amount still remaining in the tanks each operating day; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for the UST system; and 30 TAC §334.8(c)(5)(C), by failing to ensure that a legible tag, label, or marking with the UST identification number is permanently applied upon or affixed to either the top of the fill tube or to a nonremovable point in the immediate area of the fill tube; PENALTY: $14,500; ENFORCEMENT COORDINATOR: Thomas Greimel, (512) 239-5690; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(19) COMPANY: Koral Industries, Inc.; DOCKET NUMBER: 2006-2192-AIR-E; IDENTIFIER: RN102539145; LOCATION: Ennis, Ellis County, Texas; TYPE OF FACILITY: bath tub manufacturing plant; RULE VIOLATED: 30 TAC §113.1060 and §116.115(b)(2)(F) and (c), 40 CFR §63.5805(b), Permit Number 18756, General Condition 8, Special Condition 3, and THSC, §382.085(b), by failing to comply with the maximum allowable emission rate for styrene; PENALTY: $3,850; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(20) COMPANY: Donny Lloyd dba Lloyd's Electric Motor Repair; DOCKET NUMBER: 2006-2194-AIR-E; IDENTIFIER: RN100798701; LOCATION: Gainesville, Cooke County, Texas; TYPE OF FACILITY: electric motor repair shop; RULE VIOLATED: 30 TAC §116.110(a)(1) and THSC, §382.085(b) and §382.0518(a), by failing to obtain authorization to operate via a permit or permit by rule (PBR) and meeting all conditions of an applicable PBR; PENALTY: $1,050; ENFORCEMENT COORDINATOR: Sherronda Martin, (713) 767-3500; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(21) COMPANY: Matheson Tri-Gas, Inc.; DOCKET NUMBER: 2007-0201-IWD-E; IDENTIFIER: RN102186236; LOCATION: Waxahachie, Ellis County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0004112000, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with the daily average permitted limit of 0.2 milligrams per liter (mg/L) for chlorine residual; PENALTY: $2,780; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(22) COMPANY: City of Orange; DOCKET NUMBER: 2005-0059-MWD-E; IDENTIFIER: RN101613644, TPDES Permit Number 0010626001; LOCATION: Orange, Orange County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(1) and (5) and TPDES Permit Number 0010626001, Operational Requirement Number 1, by failing to adequately operate and maintain the ultraviolet (UV) disinfection system; 30 TAC §305.125(1) and (5) and §317.6(c)(2)(H) and TPDES Permit Number 0010626001, Operational Requirement Number 1, by failing to maintain the minimum number of replacement parts for the UV disinfection system; 30 TAC §305.125(1), TPDES Permit Number 0010626001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to maintain compliance with the fecal coliform bacteria (FC) single grab, seven-day average, and the total suspended solids (TSS) daily maximum limits; 30 TAC §305.125(1), TPDES Permit Number 0010626001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(c), by failing to comply with the FC single grab limit of 800 colonies per 100 milliliters (col/100 ml); 30 TAC §317.6(c)(2)(E), by failing to provide remote operation indicators for all lamps in the UV system; 30 TAC §305.125(1) and (5) and TPDES Permit Number 0010626001, Operational Requirement Number 1, by failing to maintain a functional high level alarm system; 30 TAC §305.125(1) and (5) and TPDES Permit Number 0010626001, Operational Requirement Number 1, by failing to remove the heavy accumulations of oil and grease; and 30 TAC §305.125(1) and (5) and TPDES Permit Number 0010626001, Operational Requirement Number 1, by failing to maintain the number two pump; PENALTY: $36,300; Supplemental Environmental Project (SEP) offset amount of $36,300 applied to Texas Association of Resource Conservation and Development Areas, Inc. (RC&D) - Household Hazardous Waste Clean-Up; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(23) COMPANY: Pencco, Inc.; DOCKET NUMBER: 2007-0011-MLM-E; IDENTIFIER: RN101629970; LOCATION: Sinton, San Patricio County, Texas; TYPE OF FACILITY: ferrous sulfate production; RULE VIOLATED: 30 TAC §305.125(1) and TPDES General Permit Number TXR050000 Part III, Section A, by failing to implement the storm water pollution prevention plan (SWP3) that had been developed; 30 TAC §305.125(1) and TPDES General Permit Number TXR050000 Part III, Section B(b), by failing to modify the SWP3 as often as necessary; 30 TAC §305.125(9) and TPDES General Permit Number TXR050000 Part III, Section E4(b), by failing to report noncompliance which may endanger human health or safety; 30 TAC §281.25(a)(4), 40 CFR §122.26(c), and TPDES Permit Number TXR050000 Part V, Section C3(a), by failing to develop a security system to prevent accidental or intentional discharges by unauthorized individuals; and 30 TAC §§305.125(1), 327.5(a), and 335.4(1), and TPDES General Permit Number TXR050000 Part III, Section E2(b), by failing to take all reasonable steps to minimize or prevent any discharge which has a reasonable likelihood of adversely affecting human health or the environment and failed to immediately abate and contain the spill or discharge; PENALTY: $7,490; ENFORCEMENT COORDINATOR: Ruben Soto, (512) 239-4571; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(24) COMPANY: Performance Food Group of Texas, Inc.; DOCKET NUMBER: 2007-0458-PST-E; IDENTIFIER: RN101432979; LOCATION: Victoria, Victoria County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(5)(A)(i), by failing to possess a valid TCEQ delivery certificate prior to receiving fuel; PENALTY: $875; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(25) COMPANY: City of Point; DOCKET NUMBER: 2005-1025-MWD-E; IDENTIFIER: RN101612984; LOCATION: Point, Rains County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10964001, Final Effluent Limitations and Monitoring Requirements 1 and 6, and the Code, §26.121(a), by failing to comply with permitted effluent limits; 30 TAC §305.125(17) and TPDES Permit Number 10964001, Sludge Provisions, Section II, F. Reporting Requirements, by failing to submit annual sludge reports; 30 TAC §305.125(1) and TPDES Permit Number 10964001, Monitoring and Reporting Requirements Number 1, by failing to timely submit the five-day biochemical oxygen demand data; and 30 TAC §305.125(a) and TPDES Permit Number 10964001, Monitoring and Reporting Requirements Number 1, by failing to submit the discharge monitoring report at outfall 001A for the monitoring period ending March 31, 2004, by April 20, 2004; PENALTY: $12,773; ENFORCEMENT COORDINATOR: Ruben Soto, (512) 239-4571; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(26) COMPANY: Eufrocina Merino dba Roslyn Food Mart; DOCKET NUMBER: 2007-0106-PST-E; IDENTIFIER: RN101809184; LOCATION: Vidor, Orange County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor the USTs for releases; PENALTY: $3,900; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(27) COMPANY: City of Royse City; DOCKET NUMBER: 2006-1940-PWS-E; IDENTIFIER: RN101391696; LOCATION: Royse City, Rockwall County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(b), (q)(1) and (r), by failing to submit raw water samples for microbiological analysis, by failing to issue a boil water notice, and by failing to operate the system to maintain a minimum pressure of 35 pounds per square inch throughout the distribution system; PENALTY: $3,360; Supplemental Environmental Project (SEP) offset amount of $2,688 applied to holding a one-day citywide household hazardous waste (HHW) collection event; ENFORCEMENT COORDINATOR: Epifanio Villarreal, (210) 490-3096; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(28) COMPANY: Sunoco Partners Marketing & Terminals L.P.; DOCKET NUMBER: 2006-0942-MLM-E; IDENTIFIER: RN100214626; LOCATION: Nederland, Jefferson County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §335.4, by failing to prevent the unauthorized discharge of hydrocarbon; 30 TAC §335.6(c), by failing to update the notice of registration; 30 TAC §335.10(b), by failing to put the state transporter's identification and phone numbers on Manifest Number 3372217; 30 TAC §335.9(a)(1), by failing to keep records of all hazardous and industrial solid waste activities; 30 TAC §335.2(a), by failing to obtain authorization to process a hazardous waste (naphtha); 30 TAC §335.62 and 40 CFR §262.11, by failing to conduct a hazardous waste determination and waste classification for spent naphtha generated in the parts washer bin; 30 TAC §305.125(5) and TPDES Permit Number WQ0001151000, Operational Requirements Number 1, by failing to at all times properly operate and maintain all facilities and systems of treatment and control; and the Code, §26.121(c), by failing to prevent the discharge of industrial wastes to a stormwater outfall; 30 TAC §319.5(b) and TPDES Permit Number WQ0001151000, Effluent Limitations and Monitoring Requirements Number 1, Outfalls 002, 003, and 004, by failing to collect effluent samples from stormwater outfalls 002, 003, and 004; and 30 TAC §305.125(1) and TPDES Permit Number WQ0001151000, Permit Conditions Number 4.d., by failing to prevent the introduction of a waste not authorized by the permit into the wastewater treatment facility; PENALTY: $28,078; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(29) COMPANY: Texas Department of Criminal Justice; DOCKET NUMBER: 2006-2188-MWD-E; IDENTIFIER: RN102314432; LOCATION: Huntsville, Walker County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and TPDES Permit Number 11180002, Effluent Limitations and Monitoring Requirements Numbers 1, 2, and 6, and the Code, §26.121(a), by failing to comply with permitted effluent limitations; 30 TAC §305.125(1) and TPDES Permit Number 11180002, Effluent Limitations and Monitoring Requirements Number 1 , by failing to at all times properly operate and maintain all facilities and systems of treatments and control; 30 TAC §305.125(1) and TPDES Permit Number 11180002, Monitoring and Reporting Requirements Number 7(c), by failing to timely submit noncompliance reports; and 30 TAC §30.331(b) and §30.350(d) and TPDES Permit Number 11180002, Other Requirements Number 1, by failing to employ a wastewater operator holding a category B license or higher; PENALTY: $40,280; Supplemental Environmental Project (SEP) offset amount of $32,224 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Unauthorized Trash Dump Clean-Up; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(30) COMPANY: Texas Polymer Services, Inc.; DOCKET NUMBER: 2006-2243-MLM-E; IDENTIFIER: RN100590207; LOCATION: Orange County, Texas; TYPE OF FACILITY: plastics manufacturing; RULE VIOLATED: 30 TAC §305.125(1) and TPDES Permit Number 02835, Other Requirements Number 2, by failing to use a test method sensitive enough to detect the minimum analytical level of 0.005 mg/L for total zinc; 30 TAC §305.125(1) and TPDES Permit Number 02835, Monitoring and Reporting Requirements Number 7c, by failing to submit noncompliance notification to the TCEQ for effluent violations; and 30 TAC §335.4, TPDES Permit Number 02835, Permit Conditions Number 2g, and the Code, §26.121(a), by failing to prevent the unauthorized discharge of industrial waste; PENALTY: $38,755; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

TRD-200701437

Mary R. Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 17, 2007


Notice of District Hearing

Notice issued April 12, 2007

Texas Commission on Environmental Quality (TCEQ) Docket No. 2006-1783-DIS; The TCEQ will conduct a hearing on an application for conversion (the "Application") of Mauriceville Special Utility District of Orange, Jasper, and Newton counties (the "District") to a municipal utility district operating under Texas Water Code Chapter 54. The Application was filed with the TCEQ and included a resolution by the District's board of directors. The TCEQ will conduct this hearing under the authority of Texas Water Code Chapters 49 and 54; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The TCEQ will conduct the hearing at: 9:30 a.m., Wednesday, July 25, 2007, Building E, Room 201S, 12100 Park 35 Circle, Austin, Texas. The District was created on December 12, 1994, as a special utility district under Texas Water Code Chapter 65 and Article XVI, Section 59 of the Texas Constitution. The material filed with the Application states that conversion would serve the best interest of the District and would be a benefit to the land and property included in the District.

As required by Texas Water Code §54.032 and 30 Texas Administrative Code §293.15, the above hearing regarding this application will be held no earlier than 14 days after notice of this hearing is published in a newspaper with general circulation in the county or counties in which the district is located. The purpose of this hearing is to provide all interested persons the opportunity to appear and offer testimony for or against the proposal contained in the resolution. At the hearing, pursuant to Texas Water Code §54.033 the Commission will determine whether converting the current district into a municipal utility district that operates under Texas Water Code Chapter 54 would serve the best interest of the district and would be a benefit to the land and property included in the district, or, if there is any opposition to the proposed conversion, the Commission may refer the application to the State Office of Administrative Hearings for a contested case hearing on the application.

INFORMATION SECTION.

For information regarding the date and time this application will be heard before the Commission, please submit written inquiries to the TCEQ, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087, or by phone at (512) 239-3300. 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. General information regarding the TCEQ can be found at our web site at www.tceq.state.tx.us. Si desea información en Español, puede llamar al (512) 239-0200. Persons with disabilities who plan to attend this hearing and who need special accommodations at the hearing should call the TCEQ Office of Public Assistance at 1-800-687-4040 or 1-800-RELAY-TX (TDD) at least one week prior to the hearing.

TRD-200701466

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 18, 2007


Notice of Request for Public Comment and Notice of a Public Meeting for the Implementation Plan to Address Zinc in Oyster Tissue of the Nueces Bay Watershed

The Texas Commission on Environmental Quality (TCEQ or commission) has made available for public comment a draft implementation plan for a total maximum daily load (TMDL) concerning zinc loading in Nueces Bay. Nueces Bay drains the Nueces River Basin, along with portions of the San Antonio-Nueces and Nueces-Rio Grande Coastal Basins. TCEQ will also conduct a public meeting to receive comments on the implementation plan.

Nueces Bay (Segment 2482), located in Nueces and San Patricio Counties, is included in the State of Texas Clean Water Act, §303(d) list of impaired water bodies. As required by §303(d) of the federal Clean Water Act, a TMDL was developed for zinc in oyster tissue. The TMDL was adopted by the commission on November 1, 2006, as an update to the State Water Quality Management Plan. Upon adoption by the commission, the TMDL was submitted to the United States Environmental Protection Agency (EPA) for review and approval. EPA approved the TMDL on December 15, 2006. The implementation plan is a flexible tool that the governmental and non-governmental agencies involved in TMDL implementation will use to guide their program management.

The public comment meeting will be held in Corpus Christi, Texas, on May 8, 2007, at 7:00 p.m., at the Texas A&M University - Corpus Christi campus, NRC Building, Conference Room 1003, located at 6300 Ocean Drive. Individuals may present oral statements when called upon in order of registration. Open discussion will not occur during the meeting; however, an agency staff member will be available to discuss the matter 30 minutes prior to the meeting and will answer questions before and after the meeting. The purpose of the public meeting is to provide the public an opportunity to comment on the proposed plan. The commission requests comment on each of the six major components of the implementation plan: description of control actions and management measures, implementation schedule, legal authority, follow-up monitoring plan, measurable outcomes, and communication strategy. After the public comment period, TCEQ staff may revise the implementation plan, if appropriate. The final implementation plan will then be considered for approval by the commission. Upon approval of the implementation plan by the commission, the final implementation plan and a response to public comments will be made available on the TCEQ Web site.

Written comments should be submitted to Andrew Sullivan, Texas Commission on Environmental Quality, TMDL Section, MC 203, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-1414. All comments must be received by 5:00 p.m., May 25, 2007, and should reference Implementation Plan for One Total Maximum Daily Load for Zinc in Oyster Tissue in Nueces Bay, For Segment 2482. For further information regarding this proposed TMDL implementation plan, please contact Andrew Sullivan, TCEQ Central Office, at (512) 239-4587 or asulliva@tceq.state.tx.us. Copies of the draft implementation plan can be obtained via the commission's Web site at: http://www.tceq.state.tx.us/implementation/water/tmdl/tmdlcalendar.html or by calling (512) 239-6682.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact the agency at (512) 239-6682. Requests should be made as far in advance as possible.

TRD-200701434

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: April 17, 2007


Notice of Request for Public Comment for an Implementation Plan to Address Chloride and Total Dissolved Solids in the Colorado River Below E.V. Spence Reservoir Watershed

The Texas Commission on Environmental Quality (TCEQ or commission) has made available for public comment a draft implementation plan concerning total maximum daily loads (TMDLs) for chloride and total dissolved solids loading in the Colorado River Below E. V. Spence Reservoir of the Colorado River Basin.

Colorado River Below E. V. Spence Reservoir (Segment 1426), located in Coke and Runnels Counties, is included in the State of Texas Clean Water Act, §303(d) list of impaired water bodies. As required by §303(d) of the federal Clean Water Act, two TMDLs were developed for chloride and total dissolved solids. The TMDLs were adopted by the commission on February 7, 2007, as an update to the State Water Quality Management Plan. Upon adoption by the commission, the TMDLs were submitted to the United States Environmental Protection Agency (EPA) for review and approval. The implementation plan is a flexible tool that the governmental and non-governmental agencies involved in TMDL implementation will use to guide their program management.

A public comment period to receive written public comment on the draft Colorado River Below E. V. Spence Reservoir implementation plan will commence on April 25, 2007. The commission requests comment on each of the six major components of the implementation plan: description of control actions and management measures, implementation schedule, legal authority, follow-up monitoring plan, measurable outcomes, and communication strategy. After the public comment period, TCEQ staff may revise the implementation plan, if appropriate. The final implementation plan will then be considered for approval by the commission. Upon approval of the implementation plan by the commission, the final implementation plan and a response to public comments will be made available on the TCEQ Web site.

Written comments should be submitted to Kerry Niemann, Texas Commission on Environmental Quality, TMDL Section, MC 203, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-1414. All comments must be received by 5:00 p.m., May 25, 2007, and should reference, Implementation Plan for Two Total Maximum Daily Loads for Chloride and Total Dissolved Solids in the Colorado River Below E. V. Spence Reservoir, For Segment Number 1426. For further information regarding this proposed TMDL implementation plan, please contact Kerry Niemann, TCEQ Central Office, at (512) 239-0483 or kniemann@tceq.state.tx.us. Copies of the draft implementation plan can be obtained via the commission's Web site at: http://www.tceq.state.tx.us/implementation/water/tmdl/tmdlcalendar.html or by calling (512) 239-6682.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact the agency at (512) 239-6682. Requests should be made as far in advance as possible.

TRD-200701438

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: April 17, 2007


Notice of Request for Public Comment for an Implementation Plan to Address Chloride, Sulfate, and Total Dissolved Solids in the Petronila Creek Above Tidal Watershed

The Texas Commission on Environmental Quality (TCEQ or commission) has made available for public comment a draft implementation plan concerning total maximum daily loads (TMDLs) for chloride, sulfate, and total dissolved solids loading in the Petronila Creek Above Tidal of the Nueces-Rio Grande Coastal Basin.

Petronila Creek Above Tidal (Segment 2204), located in Nueces and Kleberg Counties, is included in the State of Texas Clean Water Act, §303(d) list of impaired water bodies. As required by §303(d) of the federal Clean Water Act, three TMDLs were developed for chloride, sulfate, and total dissolved solids. The TMDLs were adopted by the commission on January 10, 2007, as an update to the State Water Quality Management Plan. Upon adoption by the commission, the TMDLs were submitted to the United States Environmental Protection Agency (EPA) for review and approval. EPA approved the TMDLs on March 14, 2007. The implementation plan is a flexible tool that the governmental and non-governmental agencies involved in TMDL implementation will use to guide their program management.

A public comment period to receive written public comment on the draft Petronila Creek Above Tidal implementation plan will commence on April 25, 2007. The commission requests comment on each of the six major components of the implementation plan: description of control actions and management measures, implementation schedule, legal authority, follow-up monitoring plan, measurable outcomes, and communication strategy. After the public comment period, TCEQ staff may revise the implementation plan, if appropriate. The final implementation plan will then be considered for approval by the commission. Upon approval of the implementation plan by the commission, the final implementation plan and a response to public comments will be made available on the TCEQ Web site.

Written comments should be submitted to Kerry Niemann, Texas Commission on Environmental Quality, TMDL Section, MC 203, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-1414. All comments must be received by 5:00 p.m., May 25, 2007, and should reference Implementation Plan for Three Total Maximum Daily Loads for Chloride, Sulfate, and Total Dissolved Solids in Petronila Creek Above Tidal, For Segment Number 2204. For further information regarding this proposed TMDL implementation plan, please contact Kerry Niemann, TCEQ Central Office, at (512) 239-0483 or kniemann@tceq.state.tx.us. Copies of the draft implementation plan can be obtained via the commission's Web site at: http://www.tceq.state.tx.us/implementation/water/tmdl/tmdlcalendar.html or by calling (512) 239-6682.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact the agency at (512) 239-6682. Requests should be made as far in advance as possible.

TRD-200701435

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: April 17, 2007


Notice of Water Quality Applications

The following notices were issued during the period of April 5, 2007 - April 12, 2007.

The following require the applicants to publish notice in a newspaper. Public comments, requests for public meetings, or requests for a contested case hearing may be submitted to Texas Commission on Environmental Quality (TCEQ), Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THE NOTICE.

FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 122 has applied for a renewal of Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14182-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 992,000 gallons per day. The facility is located 1,900 feet south of Farm-to-Market Road 1093 and 3,200 feet west of Harlem Road, approximately 3,200 feet north of Long Point Slough, and 3,700 feet southwest of the intersection of Harlem Road and Farm-to-Market Road 1093 in Fort Bend County, Texas.

FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 134 has applied for a new permit, proposed TPDES Permit No. WQ0014715001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 300,000 gallons per day. The facility will be located approximately 4,850 feet west of the intersection of Farm-to-Market Road 1464 and Madden Road and approximately 1,000 feet south of Madden Road along Red Gully in Fort Bend County, Texas.

CITY OF GOODRICH has applied for a renewal of TPDES Permit No. 12711-001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 65,000 gallons per day. The facility is located on the east side of the Southern Pacific Railroad, approximately 1,200 feet southwest of the intersection of Farm-to-Market Road 393 and U.S. Highway 59, northwest of the City of Goodrich in Polk County, Texas.

HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 157 has applied for a renewal of TPDES Permit No. 11906-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,300,000 gallons per day. The facility is located 19355 Aspen Trail on the northern bank of Dinner Creek and approximately 2,000 feet south of Farm-to-Market Road 529 (Freeman Road) in Harris County, Texas.

CITY OF INDUSTRY has applied for a renewal of TPDES Permit No. WQ0013897001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 70,000 gallons per day. The facility is located approximately 6,500 feet northwest of the intersection of State Highway 159 and Farm-to-Market Road 109 in Austin County, Texas.

CITY OF MAYPEARL has applied for a renewal of TPDES Permit No. 10431-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 175,000 gallons per day. The facility is located approximately 0.5 mile south of the intersection of Farm-to-Market Road 66 and Farm-to-Market Road 157 in Ellis County, Texas.

MONTGOMERY COUNTY UTILITY DISTRICT NO. 2 has applied for a renewal of TPDES Permit No. 11271-001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 250,000 gallons per day. The facility is located on the east side of Lake Conroe, immediately south of Farm-to-Market Road 830 and approximately 500 feet east of Kingston Cove Lane in Montgomery County, Texas.

MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 99 has applied to the TCEQ for a major amendment to TPDES Permit No. WQ0014604001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 580,000 gallons per day to an annual average flow not to exceed 1,500,000 gallons per day. The facility is located approximately 2,000 feet east of the centerline of Aldine Westfield Road and approximately 1,700 feet north of the intersection of Fountain Brook Park Lane and Trinity Park Lane in Montgomery County, Texas.

QUADVEST, L.P. has applied for a new permit, proposed TPDES Permit No. WQ0014755001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 150,000 gallons per day. The facility will be located approximately 5,100 feet northeast of the intersection of East Benders Landing Boulevard and Irish Ivy Court in Montgomery County, Texas.

CITY OF STREETMAN has applied for a renewal of TPDES Permit No. 10471-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 80,000 gallons per day. The facility is located west of Farm-to-Market Road 80 and east of the Fort Worth & Denver Railway (F W & D RR) on the north bank of Sloan Creek in the southern portion of the City of Streetman in Freestone County, Texas.

JULIE ANN THAMES has applied for a new permit, proposed TPDES Permit No. WQ0014753001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 10,000 gallons per day. The facility will be located approximately 7 miles west of the City of Burleson, 1 mile south of Farm-to-Market Road 1187 and .50 mile west of Farm-to-Market Road 1902 in Johnson County, Texas.

WEST HOUSTON AIRPORT CORPORATION has applied for a major amendment to TPDES Permit No. 12516-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 2,000 gallons per day to a daily average flow not to exceed 15,000 gallons per day. The facility is located on Lakeside Airport property at 18000 Groeschke Road in Harris County, Texas. The treated effluent is discharged to Harris County Flood Control District Ditch # U101-15; thence to South Mayde Creek; thence to Buffalo Bayou Above Tidal in Segment No. 1014 of the San Jacinto River Basin.

WEST MEMORIAL MUNICIPAL UTILITY DISTRICT has applied for a renewal of TPDES Permit No. 11152-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 6,480,000 gallons per day. The facility is located at 22023 Kingsland Boulevard, approximately 6000 feet south and 1000 feet west of the intersection of Interstate Highway 10 and Mason Road in Harris County, Texas.

INFORMATION SECTION

To view the complete issued notices, view the notices on our web site at www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results.

If you need more information about these permit applications or the permitting process, please call the TCEQ Office of Public Assistance, toll free, at 1-800-687-4040. General information about the TCEQ can be found at our web site at www.tceq.state.tx.us. Si desea información en Español, puede llamar al 1-800-687-4040.

TRD-200701465

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 18, 2007


Notice of Water Rights Applications

Notices issued April 12, 2007 - April 16, 2007

APPLICATION NO. 12048; Walnut Creek Mining Company, P.O. Box H, Bremond, Texas 76629, Applicant, has applied for a Water Use Permit to maintain two (2) existing reservoirs and to construct and maintain one (1) proposed reservoir on unnamed tributaries of South Walnut Creek and Walnut Creek, Brazos River Basin for domestic, livestock, in-place recreation, and game preserve purposes after cessation of mining activities in Robertson County. Applicant further requests to use the bed and banks of South Walnut Creek and Walnut Creek to convey groundwater downstream for subsequent diversion and use for industrial purposes. The application and fees were received on May 18, 2006, and additional information received on July 26, 2006 and December 8, 2006. The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on October 3, 2006. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the INFORMATION SECTION below, within 30 days of the date of newspaper publication of the notice.

APPLICATION NO. 12-4102A; Standard Investment Company, Applicant, 4131 Emerson, Dallas, Texas 75205, has applied for an amendment to Certificate of Adjudication No. 12-4102 to increase the maximum diversion rate and add industrial purpose of use for drilling operations. The application was received on November 15, 2006. Additional information for the application was received on January 31, 2007 and March 8, 2007. The application was accepted for filing and declared administratively complete on March 6, 2007. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the INFORMATION SECTION below, within 30 days of the date of newspaper publication of the notice.

APPLICATION NO. 08-2388A; TXU Generation Company, L.P., Applicant, 1601 Bryan Street, Dallas, Texas 75201-3411, has applied for an amendment to Certificate of Adjudication No. 08-2388 to add a new downstream diversion point on the Trinity River, Trinity River Basin, in Freestone County. The application was received on October 16, 2006. Additional information and fees were received on December 18, 2006, January 22, 2007 and February 22, 2007. The application was declared administratively complete and accepted for filing on March 1, 2007. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the INFORMATION SECTION below, by May 7, 2007.

INFORMATION SECTION

To view the complete issued notice, view the notice on our web site at www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results.

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

The Executive Director can consider approval of an application unless a written request for a contested case hearing is filed. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) applicant's name and permit number; (3) the statement "I/we request a contested case hearing;" and (4) a brief and specific description of how you would be affected by the application in a way not common to the general public. You may also submit any proposed conditions to the requested application which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the Texas Commission on Environmental Quality (TCEQ) Office of the Chief Clerk at the address provided below.

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

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

TRD-200701464

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 18, 2007


Department of State Health Services

Notice of Agreed Orders

Notice is hereby given that the Department of State Health Services (department) issued Agreed Orders to the following registrants:

-Burkhart Dental Supply (Registration #R14318) of Coppell. A total penalty of $1,000 shall be paid by registrant for violations of Title 25, Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

-Knapp Medical Center (Registration #M00268) of Weslaco. Probation for one year from the date of the signed order shall be served by the registrant for violations of Title 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, press "1" then press "0", Monday - Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200701381

Cathy Campbell

General Counsel

Department of State Health Services

Filed: April 12, 2007


Texas Health and Human Services Commission

Public Notice - Community Based Alternatives (CBA) Waiver

The Texas Health and Human Services Commission (HHSC) is soliciting public comment on the submission of the State's application for a renewal of the Community Based Alternatives (CBA) waiver, which is a Medicaid Home and Community-Based Service waiver under the authority of §1915(c) of the Social Security Act. The current waiver is scheduled to expire August 31, 2007.

The CBA waiver program allows elderly persons (age 65 and older) and persons over the age of 21 with a disability, who are eligible for nursing facility level of care, to receive services in the community rather than in an institutional facility. The CBA waiver program provides personal care, nursing services, adaptive aids, medical supplies, minor home modifications, and other supports to allow individuals to remain in the community.

CBA waiver services are available in all counties in the State with the exception of counties covered by the STAR+PLUS program (Bexar, Harris, Nueces and Travis service areas). HHSC currently has a waiver pending approval, which would impact CBA services in the Dallas and Tarrant service areas.

The proposed renewal of the waiver is expected to result in cost savings for the State. The specific, estimated cost savings amount will not be known until funding is determined by the 80th Legislature, Regular Session, 2007. The current waiver resulted in a cost savings of approximately ($2,073.49) per participant for the period of September 1, 2004, through August 31, 2005, and approximately ($6,479.48) per participant for the period of September 1, 2005, through August 31, 2006. These figures demonstrate that the current waiver meets the requirements set by §1915(c)(2)(D) of the Social Security Act.

HHSC is requesting that the waiver renewal be approved for a five-year period beginning September 1, 2007. This waiver renewal maintains cost neutrality for each year in the five-year renewal period covering 2007 through 2012.

The public comment period will end 30 days following the date this notice is published in the Texas Register. To obtain copies of the proposed waiver renewal, interested parties may contact Carmen Capetillo by mail at Health and Human Services Commission, P.O. Box 85200, H-620, Austin, Texas 78708-5200; by telephone at (512) 491-1128; by facsimile at (512) 491-1953; or by e-mail at carmen.capetillo@hhsc.state.tx.us. Comments on the proposed waiver renewal may be submitted by mail to Ms. Capetillo at the above address.

TRD-200701472

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: April 18, 2007


Public Notice - Medically Dependent Children Program (MDCP) Waiver

The Texas Health and Human Services Commission (HHSC) is soliciting public comment on the submission of the State's application for a renewal of the Medically Dependent Children Program (MDCP) waiver, which is a Medicaid Home and Community-Based Service waiver under the authority of §1915(c) of the Social Security Act. The current waiver is scheduled to expire August 31, 2007.

The MDCP waiver program provides a variety of services to medically fragile children under 21 years of age who are living in the community and would otherwise require care in a nursing facility. Services include respite care, adaptive aids, minor home modifications, and a selection of other disability-related services that help these children remain in the community.

The proposed renewal of the waiver is expected to result in cost savings for the State. The specific, estimated cost savings amount will not be known until funding is determined by the 80th Legislature, Regular Session, 2007. The current waiver resulted in a cost savings of approximately ($34,948.49) per participant for the period of September 1, 2004, through August 31, 2005, and approximately ($85,056.56) per participant for the period of September 1, 2005, through August 31, 2006. These figures demonstrate that the current waiver meets the requirements set by §1915(c)(2)(D) of the Social Security Act.

HHSC is requesting that the waiver renewal be approved for a five-year period beginning September 1, 2007. This waiver renewal maintains cost neutrality for each year in the five-year renewal period covering 2007 through 2012.

The public comment period will end 30 days following the date this notice is published in the Texas Register. To obtain copies of the proposed waiver renewal, interested parties may contact Carmen Capetillo by mail at Health and Human Services Commission, P.O. Box 85200, H-620, Austin, Texas 78708-5200; by telephone at (512) 491-1128; by facsimile at (512) 491-1953; or by e-mail at carmen.capetillo@hhsc.state.tx.us. Comments on the proposed waiver renewal may be submitted by mail to Ms. Capetillo at the above address.

TRD-200701471

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: April 18, 2007


Public Notice - Texas Disease Management Program 1915(b) Waiver

The Health and Human Services Commission (HHSC) has received approval from the Centers for Medicare and Medicaid Services to renew the Texas Disease Management Program 1915(b) waiver (number TX-17) to the Texas State Plan for Medical Assistance under Title XIX of the Social Security Act. The waiver renewal period is from July 1, 2007, through June 30, 2009.

The waiver renewal provides for the continuation of the disease management program, which HHSC developed pursuant to the requirements of H.B. 727, 78th Legislature, Regular Session, 2003. The disease management program works in conjunction with current Medicaid services provided to Primary Care Case Management and fee-for-service clients. It is not a duplicative service. The program is designed to be an educational and care management service for individuals who receive services through the Texas Medicaid Program and who have one or more of the following conditions: Congestive Heart Failure, Asthma, Diabetes, Chronic Obstructive Pulmonary Disease and Coronary Artery Disease. This waiver maintains cost neutrality of service costs.

For additional information, please contact Betsy Johnson, Policy Analyst in the Medicaid and CHIP Division, by telephone at (512) 491-1199 or by e-mail at betsy.johnson@hhsc.state.tx.us.

TRD-200701467

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: April 18, 2007


Texas Higher Education Coordinating Board

Request for Proposals for the Texas Fund for Geography Education

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

Electronic copies of these instructions and forms may be found on the Texas Higher Education Coordinating Board's (Coordinating Board) website at http://www.thecb.state.tx.us/AAR/GradAndProfEd/.

Name: Texas Fund for Geography Education

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

Authority: Texas Education Code, §§61.9681 - 61.9685; Texas Administrative Code, Title 19, Part 1, Chapter 13, Subchapter J, Rules §§13.180 - 13.187. See appendices.

Eligible Institutions: Only institutions of higher education as defined in Texas Education Code, §61.003(8) and private or independent institutions of higher education as defined in Texas Education Code, §61.003(15) are eligible to compete for grants.

Eligible Projects: New initiatives designed to improve the quality of geography education in the Texas K-12 environment. Collaborative efforts between public or private/independent institutions of higher education in Texas and a K-12 partner. A K-12 partner is, but is not limited to, a school district(s), an individual school or teacher, a regional education service center(s), or one or more public or private entities.

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

Available Funds: $70,000 for the 2007-2008 academic year.

Grant Award: Minimum: None. Maximum: $15,000.

Grant Period: One-year grants from on or about October 1, 2007 to August 31, 2008.

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

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

Application Deadline: Applications must be postmarked (or otherwise dated for overnight delivery) by July 13, 2007, or hand-delivered to the Coordinating Board's office by 5:00 p.m., July 13, 2007. Applications must also be received electronically by 5:00 p.m., July 13, 2007. E-mail applications to: susan.hetzler@thecb.state.tx.us.

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

Program Schedule:

July 13, 2007: Proposals are due.

July 20, 2007: Proposals are reviewed by the Geography Education Advisory Committee.

August 3, 2007: Geography Education Advisory Committee meets to consider proposals and funding recommendations to the National Geographic Society.

September 21, 2007: Proposals are awarded by the National Geographic Society.

On or about October 1, 2007: Award letters are sent.

On or about October 1, 2007: Grantee(s) sign award contracts.

February 15, 2008: Interim reports due to the Texas Higher Education Coordinating Board.

August 31, 2008: Final reports due to the Texas Higher Education Coordinating Board.

TRD-200701442

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Filed: April 17, 2007


Texas Department of Housing and Community Affairs

CDBG Disaster Recovery Program Notice of Funding Availability (NOFA)

(1) Summary

The Texas Department of Housing and Community Affairs ("the Department") announces the availability of $82,867,166 in federal funding from the Community Development Block Grant (CDBG) Disaster Recovery Fund to be used for repair, rehabilitation, and reconstruction (including demolition, site clearance, and remediation, as described more fully in 24 CFR 570) of existing affordable rental housing physically damaged by Hurricane Rita. The affected housing must be in one of the 22 counties directly affected by Hurricane Rita and designated in the State CDBG Action Plan. The 22 counties are Angelina, Brazoria, Chambers, Fort Bend, Galveston, Hardin, Harris, Jasper, Jefferson, Liberty, Montgomery, Nacogdoches, Newton, Orange, Polk, Sabine, San Augustine, San Jacinto, Shelby, Trinity, Tyler, and Walker. This includes, but is not limited to, public and other HUD-assisted housing damaged by Hurricane Rita. All assisted developments must designate at least 51% of all assisted units to serve low-moderate income individuals and families earning 80% or less of the Area Median Family Income (AMFI) as defined by HUD with priority given to those applications which benefit extremely low income tenants. Priority will also be given to areas which experienced the greatest degradation of their existing affordable housing stock. The availability and use of these funds is subject to 24 CFR 570 and Chapter 2306 of the Texas Government Code as applicable.

(2) Allocation of CDBG Funds

(a) These funds are made available through a supplemental allocation of CDBG funds to the State of Texas and will be administered by the Department. At least 51% of the units assisted with the funds released under this NOFA are to be used for affordable rental housing for low-moderate income Texans earning 80 percent or less of the Area Median Family Income (AMFI) as defined by HUD.

(b) The Department awards rental funds, as a loan or grant, to eligible recipients for the provision of housing for low-moderate, very low and extremely low income individuals and families. The maximum award may not exceed 90% of the total development costs. The per-unit subsidy may not exceed the per-unit dollar limits established by United States Department of Housing and Urban Development (HUD) under §221(d)(3) of the National Housing Act which are applicable to the area in which the development is located, and as published by HUD.

(c) When CDBG funds, as described more fully in 24 CFR 570, are used for a rehabilitation development, the entire unit must be brought up to the applicable property standards, such as local codes. In the event no codes exist, the Department will require that all units meet Uniform Physical Condition Standards (UPCS); TMCS; and, if reconstruction or rehabilitation, the International Building Code (IBC).

(d) Funds will be awarded in accordance with the rules and procedures as set forth by the Department. The Department may, at its discretion and based upon review of the financial feasibility of the development, determine to award CDBG funds as either a loan or as a grant. Loans cannot exceed amortization of more than 40 years.

(3) Eligible and Ineligible Activities

(a) Eligible activities will include those permissible under the Housing and Community Development Act (HCDA), §105(a) and the federal CDBG Rules at 24 CFR 570, which involve the rehabilitation and reconstruction (including demolition, site clearance, and remediation) of existing affordable rental housing physically damaged by Hurricane Rita of affordable rental developments.

(b) Funds will be available for developments of sixteen (16) or more units through October 24,2007, which is 180 days from the date the NOFA is published in the Texas Register. A Scattered site property is an eligible activity as long as all sites that include the development site have a total of 16 units or more, is for one loan amount, has one ownership structure, and one management operation. For the first 90 days of this period, applicants will apply on a competitive basis with applications required to be submitted no later than 5:00 p.m. on July 26, 2007, which is 90 days from the date the NOFA is published in the Texas Register . For the remaining 90 days, through October 24, 2007 and if funds are available, applicants may apply on a first-come first-serve basis. All applicants must meet the Department's threshold criteria and must meet financial feasibility criteria. After October 24, 2007, any funds not requested and awarded may be made available under a subsequent NOFA which would include properties with less than 16 units.

(c) Prohibited activities include those under federal CDBG rules at 24 CFR 570, OMB Circular A-87, and other applicable state and federal requirements.

(d) Existing affordable housing is defined as the development offering units that were either subsidized or while unrestricted, 51% of the units served tenants qualified as a low-moderate income person earning 80 percent or less of the AMFI as defined by HUD prior to September 24, 2005.

(e) The applicant must establish that the property was physically damaged by Hurricane Rita and an insurance claim related to Hurricane Rita must have been filed and subsequently reviewed by the insurance provider.

(f) Applicants are encouraged to familiarize themselves and/or consult appropriate specialists (i.e., attorneys, accountants, etc.) with regard to any local, state, or federal regulations which may apply if these funds are awarded to an application that has existing, or will be funded with, any local, state, or federal programs.

(4) Eligible and Ineligible Applicants

(a) The Department provides CDBG funding from the federal government to qualified nonprofit organizations, for-profit entities, sole proprietors, public housing authorities, and units of local government.

(b) Applicant properties must be located within the 22 county area directly affected by Hurricane Rita.

(c) Applicants may be ineligible for funding if they meet any of the criteria detailing ineligibility with any requirements under 10 TAC §§49.5(a)(1) - (4) and (9); (b)(4) - (7), (9), and (10); and (c)(1) - (6). Applicants are encouraged to familiarize themselves with the Department's certification and debarment policies prior to application submission.

(d) Applicants must prove ownership of the development site on or before the date of impact by Hurricane Rita, September 24, 2005. For the purposes of this section, the proposed development may have been owned by any person in the ownership structure for the proposed application; and the ownership must have been continuous.

(5) Affordability Requirements

(a) Each development will require a minimum affordability period pursuant to §570.489 of the CDBG Rules, that begins from the date the CDBG funds are first spent for the property until 5 years after closeout of the loan or grant. Throughout this period, the applicant agrees to maintain the development for the intended purpose as outlined in the Land Use Restriction Agreement ("LURA"). Compliance will be monitored by the Department consistent with 10 TAC §60, Subchapter A, Compliance Monitoring.

(b) At a minimum, 51% of the assisted units must benefit low-moderate income persons earning 80 percent or less of the AMFI as defined by HUD and detailed in the Housing and Community Development Act of 1974 (HCDA), Title I, §105(a).

(c) Properties will be restricted under a "LURA", or other such instrument as determined by the Department for these terms. Among other restrictions, the LURA may require the owner of the property to continue to accept subsidies which may be offered by the federal government, prohibit the owner from exercising an option to prepay a federally insured loan, impose tenant income-based occupancy and rental restrictions, or impose any of these and other restrictions as deemed necessary at the sole discretion of the Department in order to preserve the property as affordable housing on a case-by-case basis.

(d) The maximum monthly gross rent charged (which includes the tenant paid portion of the rent, the utility allowance, and any rental assistance payment) by the development owner for units benefiting low-moderate income persons earning 80 percent or less of the AMFI, as defined by HUD, shall not exceed the limits determined by the Department and published on an annual basis. Such rent shall not be greater than the lesser of the fair market rent, or thirty percent (30%) of the income of a family whose income equals sixty-five percent (65%) of AMFI as defined by HUD with adjustments for family size. This is the same as the "High HOME Rent" maximum rent limitation.

(6) Site and Development Restrictions:

(a) Pursuant to 24 CFR 570, housing that is constructed or rehabilitated with CDBG funds must meet all applicable local codes, rehabilitation standards, ordinances, and zoning ordinances at the time of project completion. In the absence of a local code for new construction or rehabilitation, reconstruction or rehabilitation must meet the International Building Code (IBC).

Reconstructed housing must meet the current edition of the Model Energy Code. Energy conservation and efficiency upgrades will be encouraged through scoring.

(b) All CDBG-assisted housing must meet all applicable state and local housing quality standards and code requirements; and if there are no such standards or code requirements, the housing must meet the housing quality standards in 24 CFR 982.401. When CDBG funds are used for a rehabilitation of a development, the entire unit must be brought up to the applicable property condition standards.

(c) Housing must meet the accessibility requirements at 24 CFR Part 8, which implements §504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and covered multifamily dwellings, as defined at 24 CFR 100.201 and must also meet the design and construction requirements at 24 CFR 100.205, which implement the Fair Housing Act (42 U.S.C. 3601 - 3619). A certification will be required after the Development is completed from an inspector, architect, or accessibility specialist. Any Developments designed as single family structures must also satisfy the requirements of §2306.514, Texas Government Code.

(d) All developments are subject to Department restrictions on sites located in a flood plain in accordance with 10 TAC §1.35. Units that are being demolished and rebuilt shall be elevated in accordance with FEMA advisory flood elevations.

(8) Threshold Criteria

The following Threshold Criteria listed in this subsection are mandatory requirements at the time of Application submission unless specifically indicated otherwise:

(a) At a minimum, 51% of the assisted units must be made affordable to low-moderate income persons.

(b) Developments must have existed in the affordable housing stock of the 22-county area prior to September 24, 2005 and continue to be affordable after construction. Applicants must certify that at least 51% of the units had rental subsidies or served tenants qualified as a low-moderate income person earning 80 percent or less of the Area Median Family Income (AMFI) as defined by HUD prior to September 24, 2005.

(c) The development will be evaluated for financial feasibility using the Department's "Underwriting, Market Analysis, Appraisal, Environmental Site Assessment, Property Condition Assessment, And Reserve For Replacement Rules And Guidelines", located at 10 TAC §1.35. However, a Market Analysis will not be required. A Property Condition Assessment is only required for properties doing rehabilitation but is not required for demolition/reconstruction.

(d) Developments to be assisted with CDBG Disaster Recovery Funds must prove ownership on or before the date of impact by Hurricane Rita, September 24, 2005 by the current owner (with continual ownership) and must prove that the subject development incurred damage in that same storm. The applicant must establish that this property was physically damaged by Hurricane Rita through the provision of evidence that an insurance claim related to Hurricane Rita was filed and subsequently reviewed by the insurance provider. In addition, at least the same number of affordable units must be made available after construction as those units available before September 24, 2005 unless funded by HOPE VI with approved deconcentration plan from HUD. Owners must prove that they are not duplicating previous (or pending) assistance, either public or private. However, leveraging of additional funds with CDBG funds is encouraged.

(e) Recipients must establish an escrow account, consistent with §570.511 of the CDBG Rule.

(f) All applications will be required to meet Section 8 Housing Quality Standards detailed under 24 CFR 982.401, Texas Minimum Construction Standards (TMCS), as well as the Fair Housing Accessibility Standards and §504 of the Rehabilitation Act of 1973. Developments must also meet all local building codes or standards that may apply. If the development is located within a jurisdiction that does not have building codes, developments must meet the most current International Building Code (IBC).

(g) All contractors, consulting firms, and Administrators must sign an affidavit to attest that each request for payment of CDBG funds is for the actual cost of providing a service and that the service does not violate any conflict of interest provisions.

(h) All of 2007 Qualified Allocation Plan and Rules at 10 TAC §49.9(h), excluding:

(3) regarding set-asides;

(4)(E), (4)(F), (4)(G), (4)(K), and (4)(M) regarding certifications;

(6)(C) and (D) which relate to tax credit syndication;

(8) regarding notifications;

(11)(B) regarding non-profit set-aside for tax credits;

(14)(A) and (B) regarding environmental site assessment and market study;

(14) (D) regarding appraisal;

As noted, (14)(C) for the Property Condition Assessment applies only in cases of rehabilitation, but not demolition/reconstruction.

(9) Selection Process

(a) Scoring Criteria. Applicants may receive up to 115 points based on the scoring criteria listed below, and must obtain a minimum score of 60 points to be considered for award. Evidence of these items must be submitted in accordance with the 2007 Final Application Submission Procedures Manual (ASPM), effective as of the date of issuance of this NOFA. The scoring criteria are:

(i) Extremely Low-Income Targeting: To encourage the inclusion of families and individuals with the highest need for affordable housing, applicants will receive 20 points for proposed developments that provide at least 5% of units to families or individuals earning 30% or less of the area medium income for the development site. The maximum monthly rent (which includes the tenant paid portion of the rent, the utility allowance, and any rental assistance payment) charged by the development owner for units benefiting low-moderate income persons earning 30 percent or less of the AMFI as defined by HUD shall not exceed the limits determined by the Department and published on an annual basis. Such rent shall not be greater than thirty percent (30%) of the income of a family whose income equals thirty percent (30%) of AMFI as defined by HUD with adjustments for family size. Maximum for this item: 20 points.

(ii) Exceeding the LMI requirement: All assisted developments must designate at least 51% of all assisted units to serve low-moderate income families earning 80% of less of AMFI as defined by HUD for the applicable affordability period. Developments that exceed this minimum figure for the affordability period will receive the following points:

For developments that designate at least 61% but less than 71% of the units to serve low-moderate income families: 5 points.

For developments that designate at least 71% but less than 81% of the units to serve low-moderate income families: 10 points.

For developments that designate at least 81% but less than 91% of the units to serve low-moderate income families: 15 points.

For developments that designate at least 91% of the units to serve low-moderate income families: 20 points.

Maximum for this item: 20 points.

(iii) Cost-Effectiveness of a Proposed Development - For units designated for elderly individuals if cost per square foot do not exceed $87.00, the applicant will receive 10 points. For units designated for families if the costs per square foot does not exceed $77.00 per square foot, the applicant will receive 10 points.

Maximum for this item: 10 points.

(iv) Increasing the Affordable Housing Stock - In order to target units that will have the most impact on increasing the affordable housing, stock points will be awarded based on the habitability of the development.

(a) Developments that will make at least three (3) uninhabitable affordable units habitable will receive: 5 points.

(b) Developments that will make at least six (6) uninhabitable affordable units habitable will receive: 10 points.

In addition to the units scored above:

(c) Developments that will make at least five (5) substandard affordable units meet habitability standards will receive: 5 points.

(d) Developments that will make at least sixteen (16) substandard affordable units meet habitability standards will receive: 10 points.

Maximum for this item: 20 points.

(v) Serving Persons with Disabilities - Developments that increase the number of accessible units beyond the minimum required by §504, the Fair Housing Accessibility Guidelines or other mandated minimums. To earn points, units must meet the full mobility requirements of §504 to receive points.

Developments that increase the required accessible units by an additional 5% (rounded to the next whole unit) will receive: 5 points.

Developments that increase the required accessible units by an additional 10% (rounded to the next whole unit) will receive: 10 points.

Maximum for this item: 10 points.

(vi) Units that meet or exceed low maintenance and energy efficiency, any combination of the following items may be used; however, a maximum of 10 points will be awarded-

(a) Install water-conserving fixtures with the following specifications for toilets and shower heads and follow requirements for other fixtures wherever and whenever they are replaced: toilets - 1.6 gallons per flush; showerheads - 2.0 gallons per minute; kitchen faucets - 2.0 GPM; bathroom faucets - 2.0 GPM. (in all units): 2 points.

(b) Install Energy Star labeled refrigerators in all units: 2 points.

(c) Install Energy Star-labeled lighting fixtures in all interior units and use. Energy Star or high-efficiency commercial grade fixtures in all common areas: 2 points.

(d) Use tankless hot water heaters or install conventional hot water heaters in rooms with drains or catch pans piped to the exterior of the dwelling and with non-water sensitive floor coverings (for all units): 2 points.

(e) Install Energy Star-labeled power vented fans or range hoods that exhaust to the exterior (in all units): 2 points.

(f) Install Energy Star-labeled bathroom fans in all units that exhaust to the outdoors which has a humidistat sensor or timer, or operates continuously in all units: 2 points.

(g) Install correctly sized HVAC units (according to Manual J) of at least 14 SEER or better in all units: 3 points.

(h) Perform an energy analysis of existing building condition, estimate costs of improvements, make those with a 10-year or shorter payback: 4 points.

Maximum for this item: 10 points.

(vii) Units that help people avoid or transition from homelessness. Developments that dedicate at least 51% of their units towards serving persons who have previously been homeless or at risk of being homeless will receive 10 points.

Maximum for this item: 10 points.

(viii) Greatest Financial Need - Developments will receive points for the percentage of remaining need represented in their sources and uses documentation. This will be calculated as a percentage of total benefits received from private insurers and public benefits compared to the CDBG funds required for necessary repairs and reconstruction. Applicants will be required to document how these benefits were expended on the subject property or make the funds available for the CDBG funded project. This calculation will be CDBG funds requested divided by total funds needed including funds previously used.

(a) Applicants that require at least 10% but less than 25% of their total budget from CDBG funds will receive 5 points.

(b) Applicants that require at least 25% but less than 50% of their total budget from CDBG funds will receive 10 points.

c) Applicants that require at least (75% of their total budget from CDBG funds will receive 15 points.

Maximum for this item: 15 points.

(ix) Leveraging of Public and Private Financing - Developments will receive points for the involvement of non-CDBG financing in the housing under one of the following subparagraphs.

(a) Applicants that receive a total contribution of funding from other local, state, federal, or private contributions equal to or greater than 1% of the Total Housing Development Cost of the Development (as reflected in the Cost Schedule): 5 points; or

(b) Applicants that receive a total contribution of funding from other local, state, federal, or private contributions equal to or greater than 3% of the Total Housing Development Cost of the Development (as reflected in the Cost Schedule): 10 points; or

(c) Applicants that receive a total contribution of funding from other local, state, federal, or private contributions equal to or greater than 5% of the Total Housing Development Cost of the Development (as reflected in the Cost Schedule): 15 points.

Maximum for this item: 15 points.

(10) Tie Breakers

(a) The Department will utilize the factors in this paragraph, in the order they are presented, to determine which Development will receive a preference in consideration for an award. The Department may also recommend a partial funding recommendation.

(i) Greatest increase to the affordable housing stock-developments that put the most unoccupied units into service or upgrade the most substandard units will be funded.

(ii) Priority will be given to areas which experienced the greatest degradation of their existing affordable housing stock.

(iii) Long-term Feasibility. The second tie breaker criteria will be average debt coverage ratio calculated on the Applicant's originally submitted pro-forma. The Applicant with the highest average debt coverage ratio over the period of time represented in the pro-forma will win the tie breaker.

(11) Submission and Review Process

(a) All Applications submitted under this NOFA must be received on or before 5:00 p.m. on July 24, 2007. The Department will accept applications from 8:00 a.m. to 5:00 p.m. each business day, excluding federal and state holidays from the date this NOFA is published on the Department's web site until the deadline. The Department will publish a list of all Applications received on or before August 7, 2007. Applications will be reviewed for Applicant and Activity Eligibility, Threshold Criteria, Scoring, and Financial Feasibility, in accordance with this NOFA.

(b) All applications must be submitted, and provide all documentation, as described in this NOFA and associated application materials.

(c) If an Application contains deficiencies which, in the determination of the Department staff, require clarification or correction of information submitted at the time of Application, the Department staff may request clarification or correction of such Administrative Deficiencies including threshold and/or scoring documentation.

(d) A site visit will be conducted as part of the CDBG Program development feasibility review. The assessment will be used to confirm the representations made in the application. Applicants must receive recommendation for approval from the Department to be considered for CDBG funding by the Board.

(e) The Department may decline to consider any Application if the proposed activities do not, in the Department's sole determination, represent a prudent use of the Department's funds. The Department is not obligated to proceed with any action pertaining to any Applications which are received, and may decide it is in the Department's best interest to refrain from pursuing any selection process. The Department strives, through its loan terms, to securitize its funding while ensuring the financial feasibility of a Development. The Department reserves the right to negotiate individual elements of any Application.

(f) A minimum award amount may be established to ensure feasibility. Subsequently, recommendations for funding will be made available on the Department's website at least seven calendar days prior to the Board meeting at which the awards may be awarded.

(g) The Department will evaluate the net operating income of the Development and the existing debt service capacity to determine if the award will be made in the form of a loan or grant or a combination thereof. The Department's underwriting guidelines in 10 TAC §1.32 will be used which set as a minimum feasibility a 1.15 debt coverage ratio. Where the anticipated debt coverage ratio in the year after completion exceeds 1.35, a loan or partial loan will be recommended.

(h) The Department will provide a written agreement after an award is made which will detail grant or loan terms and include benchmarks for closing, project development, and expenditure of funds awarded. At a minimum, the funds will expire 36 months from the effective date of the agreement.

(i) In accordance with §2306.082, Texas Government Code, the Department has established an ADR Policy at 10 TAC §1.17. In addition, the Department rules to appeal Department decisions are at 10 TAC §1.7 and §1.8.

(12) Application Submission

(a) Application materials must be organized and submitted in the manner detailed in the 2007 application materials for rental developments. Applicants must submit one complete printed copy of all application materials. All scanned copies must be scanned in accordance with the guidance provided in the 2007 application materials.

(b) All Application materials including manuals, NOFA, program guidelines, and all applicable CDBG rules, will be available on the Department's website at www.tdhca.state.tx.us. Applications will be required to adhere to the CDBG Rule and threshold requirements in effect at the time of the Application submission. 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.

(c) Applicants are required to remit a non-refundable Application fee payable to the Texas Department of Housing and Community Affairs in the amount of $250 per Application. Payment must be in the form of a 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 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 and a description of their supportive services in lieu of the Application fee. The Application fee is not an allowable or reimbursable cost under the CDBG Program.

(d) Applications must be sent via overnight delivery to:

Texas Department of Housing and Community Affairs

Disaster Recovery Division

221 East 11th Street

Austin, TX 78701

or via the U.S. Postal Service to:

Texas Department of Housing and Community Affairs

Disaster Recovery Division

Post Office Box 13941

Austin, TX 78711-3941

Please contact Jen Joyce at (512) 475-3995 or jennifer.joyce@tdhca.state.tx.us for any questions regarding this NOFA.

NOTE: This NOFA does not include the text of the various applicable regulatory provisions that may be important to the particular CDBG Program. For proper completion of the application, the Department strongly encourages potential applicants to review all applicable State and Federal regulations.

TRD-200701432

Michael Gerber

Executive Director

Texas Department of Housing and Community Affairs

Filed: April 17, 2007


Notice of Public Hearing

Multifamily Housing Revenue Bonds (Residences on Old Denton) Series 2007

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Issuer") at Fossil Ridge High School, Main Gymnasium, 4101 Thompson Road, Keller, Tarrant County, Texas 76248, at 6:00 p.m. on May 15, 2007, with respect to an issue of tax-exempt multifamily residential rental development revenue bonds in an aggregate principal amount not to exceed $15,000,000 and taxable bonds, if necessary, in an amount to be determined, to be issued in one or more series (the "Bonds"), by the Issuer. The proceeds of the Bonds will be loaned to Old Denton Housing Partners, Ltd., 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: 224-unit multifamily residential rental development to be located at approximately the southeast corner of Old Denton Road and Thompson Road at approximately the 8100 block of North Old Denton Road, Tarrant County, Texas. 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-200701459

Michael G. Gerber

Executive Director

Texas Department of Housing and Community Affairs

Filed: April 18, 2007


Texas Department of Insurance

Company Licensing

Application for incorporation to the State of Texas by PURITAN LIFE INSURANCE COMPANY, a domestic life, accident, and/or health company. The home office is in Addison, Texas.

Application for admission to the State of Texas by FARMERS NATIONAL TITLE INSURANCE COMPANY, a foreign title company. The home office is in Columbia, Missouri.

Application for admission to the State of Texas by THE SAVINGS BANK LIFE INSURANCE COMPANY OF MASSACHUSETTS, a foreign life, accident, and/or health company. The home office is in Woburn, Massachusetts.

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

TRD-200701462

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: April 18, 2007


Notice of Application by a Small Employer Health Benefit Plan Issuer to be a Risk-Assuming Health Benefit Plan Issuer

Notice is given to the public of the application of the listed small employer health benefit plan issuer to be a risk-assuming health benefit plan issuer under Insurance Code §1501.312. A small employer health benefit plan issuer is defined by Insurance Code §1501.002(16) as a health benefit plan issuer offering, delivering, issuing for delivery, or renewing health benefit plans subject to the Insurance Code, Chapter 1501, Subchapters C-H. A risk-assuming health benefit plan issuer is defined by Insurance Code §1501.301(4) as a small employer health benefit plan issuer that does not participate in the Texas Health Reinsurance System. The following small employer health benefit plan issuer has applied to be a risk-assuming health benefit plan issuer:

Genworth Life and Health Insurance Company.

The application is subject to public inspection at the offices of the Texas Department of Insurance, Legal Division - Nick Hoelscher, 333 Guadalupe, Tower I, Room 920, Austin, Texas.

If you wish to comment on the application of American Alternative Insurance Corporation to be a risk-assuming health benefit plan issuer, you must submit your written comments within 60 days after publication of this notice in the Texas Register to Gene C. Jarmon, General Counsel and Chief Clerk, Mail Code 113-2A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-91204. Upon consideration of the application and comments, and a determination that all requirements of law have been met, the Commissioner or his designee may take final action on the applicant's election to be a risk-assuming health benefit plan issuer.

TRD-200701469

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: April 18, 2007


Third Party Administrator Applications

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

Application of SCHALLER ANDERSON OF TEXAS, L.P., a domestic third party administrator. The home office is HARLINGEN, TEXAS.

Application of SCHALLER ANDERSON OF ARIZONA, L.L.C., a foreign third party administrator. The home office is PHOENIX, ARIZONA.

Application to change the name of GROUP EXECUTIVE INSURANCE MARKETING, INC. to GROUP EXECUTIVE INSURANCE MARKETING, INC. (using the assumed name of GEM ADMINISTRATORS), a foreign third party administrator. The home office is PHOENIX, ARIZONA.

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-200701461

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: April 18, 2007


Texas Lottery Commission

Instant Game Number 814 "Roll the Dice"

1.0 Name and Style of Game.

A. The name of Instant Game No. 814 is "ROLL THE DICE". The play style is "add up with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 814 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 814.

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 DICE SYMBOL, 2 DICE SYMBOL, 3 DICE SYMBOL, 4 DICE SYMBOL, 5 DICE SYMBOL, 6 DICE SYMBOL, $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $40.00, $100 or $1,000.

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

Figure 1: 16 TAC GAME NO. 814 - 1.2D

E. Retailer Validation Code - Three (3) letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. These three (3) small letters are for validation purposes and cannot be used to play the game. The possible validation codes are:

Figure 2: 16 TAC GAME NO. 814 - 1.2E

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

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

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

H. Mid-Tier Prize - A prize of $40.00 or $100.

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

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 (814), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 150 within each pack. The format will be: 814-0000001-001.

L. Pack - A pack of "ROLL THE DICE" Instant Game tickets contains 150 tickets, packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 001 to 005 will be on the top page; tickets 006 to 010 on the next page; etc.; and tickets 246 to 250 will be on the last page with backs exposed. Ticket 001 will be folded over so the front of ticket 001 and 010 will be exposed.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "ROLL THE DICE" Instant Game No. 814 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 "ROLL THE DICE" Instant Game is determined once the latex on the ticket is scratched off to expose 15 (fifteen) Play Symbols. If a player's YOUR DICE play symbols total 7 or 11 within a ROLL, the player wins prize shown for that ROLL. If the BONUS ROLL play symbol total 7 or 11, the player wins all 5 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 15 (fifteen) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have exactly 15 (fifteen) 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 15 (fifteen) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 15 (fifteen) 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 ROLLS in any order.

C. No duplicate non winning prize symbols.

D. The BONUS ROLL will total 7 or 11 on five times winning tickets as dictated by the prize structure.

E. A winning prize symbol will never be the same as a non-winning prize symbol.

F. When the BONUS ROLL totals 7 or 11, ROLL 1 through ROLL 4 will never total 7 or 11.

2.3 Procedure for Claiming Prizes.

A. To claim a "ROLL THE DICE" Instant Game prize of $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $40.00 or $100, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $40.00 or $100 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 "ROLL THE DICE" Instant Game prize of $1,000, 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 "ROLL THE DICE" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "ROLL THE DICE" 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 "ROLL THE DICE" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 10,080,000 tickets in the Instant Game No. 814. The approximate number and value of prizes in the game are as follows:

Figure 3: 16 TAC GAME NO. 814 - 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 814 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. 814, 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-200701382

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: April 12, 2007


Panhandle Regional Planning Commission

Legal Notice

The Panhandle Regional Planning Commission (PRPC) is seeking proposals to purchase a multi-site IP telephone system for the Panhandle WorkSource office(s) of the Texas Panhandle. A copy of the Request for Proposal can be obtained Monday through Friday, 8:00 a.m. to 5:00 p.m., at 415 West Eighth Ave., Amarillo, Texas 79101 or by contacting Leslie Hardin, PRPC's Workforce Development Facilities Coordinator at (806) 372-3381 or lhardin@theprpc.org.

A Proposer's Conference will be held on Thursday, May 10, 2007 at 2:00 p.m., in the 3rd Floor Conference Room of PRPC. Proposals must be received at PRPC by 3:00 p.m. on May 31, 2007.

TRD-200701458

Leslie Hardin

Facilities Coordinator

Panhandle Regional Planning Commission

Filed: April 18, 2007


Texas Parks and Wildlife Department

Notice of Proposed Real Estate Transaction and Opportunity for Comment

Lease Exchange - Cameron, Hidalgo and Starr counties

In a meeting on May 24, 2007, the Texas Parks and Wildlife Commission (the Commission) will consider granting a lease to the United States Fish and Wildlife Service in exchange for a memorandum of agreement for the management of lands adjacent to units of the World Birding Center. 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 Ted Hollingsworth, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744 or by email at ted.hollingsworth@tpwd.state.tx.us or in person at time of meeting.

TRD-200701446

Ann Bright

General Counsel

Texas Parks and Wildlife Department

Filed: April 18, 2007


Notice of Proposed Real Estate Transaction and Opportunity for Comment

Land Sale - Travis County

In a meeting on May 24, 2007, the Texas Parks and Wildlife Commission (the Commission) will consider the sale of 4.26 acres currently used for the Game Warden Academy. The sale is being handled as a public sale through the General Land Office. The recommended sales price is anticipated to be at least $1.2 million. 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 Ted Hollingsworth, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744 or by email at ted.hollingsworth@tpwd.state.tx.us or in person at time of meeting.

TRD-200701447

Ann Bright

General Counsel

Texas Parks and Wildlife Department

Filed: April 18, 2007


Notice of Proposed Real Estate Transaction and Opportunity for Comment

Land Transfer - Wood County

In a meeting on May 24, 2007, the Texas Parks and Wildlife Commission (the Commission) will consider the transfer of two buildings (the Stinson Home and Honeymoon Cottage) to the Quitman Heritage Foundation to complete the divestiture of the Governor Hogg Shrine facility. No payment is recommended for the transfer other than the continued operation of the facility. 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 Ted Hollingsworth, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744 or by email at ted.hollingsworth@tpwd.state.tx.us or in person at time of meeting.

TRD-200701448

Ann Bright

General Counsel

Texas Parks and Wildlife Department

Filed: April 18, 2007


Notice of Proposed Real Estate Transaction and Opportunity for Comment

Easement Donation - Van Zandt County

In a meeting on May 24, 2007, the Texas Parks and Wildlife Commission (the Commission) will consider the acceptance of the donation of right-of-way easement at Purtis Creek State Park. 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 Ted Hollingsworth, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744 or by email at ted.hollingsworth@tpwd.state.tx.us or in person at time of meeting.

TRD-200701449

Ann Bright

General Counsel

Texas Parks and Wildlife Department

Filed: April 18, 2007


Public Utility Commission of Texas

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

The Public Utility Commission of Texas received an application on April 10, 2007, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).

Project Title and Number: Application of Friendship Cable of Texas, Inc., doing business as Suddenlink Communications, for an Amendment to its State-Issued Certificate of Franchise Authority, Project Number 34128 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 34128.

TRD-200701393

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 12, 2007


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

The Public Utility Commission of Texas received an application on April 13, 2007, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).

Project Title and Number: Application of Charter Communications VI, L.L.C., doing business as Charter Communications, for an Amendment to its State-Issued Certificate of Franchise Authority, Project Number 34140 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 34140.

TRD-200701429

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 16, 2007


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

The Public Utility Commission of Texas (commission) received an application on April 13, 2007, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).

Project Title and Number: Application of Marcus Cable Associates, L.L.C., doing business as Charter Communications, for an Amendment to its State-Issued Certificate of Franchise Authority, Project Number 34141 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 34141.

TRD-200701430

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 16, 2007


Notice of Application for Amendment to Service Provider Certificate of Operating Authority

On March 11, 2007, Stratos Offshore Services Company filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60191. Applicant intends to reflect a change in ownership/control and corporate restructuring.

The Application: Application of Stratos Offshore Services Company for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 34135.

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 May 2, 2007. 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 34135.

TRD-200701405

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 13, 2007


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

On April 11, 2007, PhoneSense 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 60206. Applicant intends to discontinue service and relinquish its certificate.

The Application: Application of PhoneSense to Relinquish its Service Provider Certificate of Operating Authority, Docket Number 34136.

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 May 2, 2007. 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 34136.

TRD-200701406

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 13, 2007


Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on April 10, 2007, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA).

Docket Title and Number: Application of Network Innovations, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 34132 before the Public Utility Commission of Texas.

Applicant intends to provide T1-Private Line, and Dedicated Internet Access services.

Applicant's requested SPCOA geographic area of the State of Texas currently served by all incumbent local exchange carriers.

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 2, 2007. 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 34132.

TRD-200701397

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 12, 2007


Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on April 13, 2007, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA).

Docket Title and Number: Application of Legacy Long Distance International, Incorporated for a Service Provider Certificate of Operating Authority, Docket Number 34142 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 2, 2007. 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 34142.

TRD-200701440

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 17, 2007


Notice of Filing for Approval of the Provision of Non-Emergency 311 Service

Notice is given to the public of the filing, on March 26, 2007, with the Public Utility Commission of Texas (commission) of an application for Administrative Approval to Provide Non-Emergency 311 Service for Webb County.

Docket Style and Number: Application of Southwestern Bell Telephone, L.P., doing business as AT&T Texas, for Administrative Approval to Provide Non-Emergency 311 Service for Webb County; Docket Number 34054.

The Application: Notice is given to the public of the filing with the Commission of an administrative filing by AT&T Texas for approval of the provision of Non-Emergency 311 Service, pursuant to P.U.C. Substantive Rule §26.127 and AT&T's Texas' existing General Exchange Tariff, Section 47.

As a certified telecommunications utility (CTU), AT&T Texas seeks approval on behalf of Webb County to provide Non-Emergency 311 (NE311) service to its residents within the legally-defined county limits of Webb County, Texas. NE311 is available to local government entities to provide to their residents an easy to-remember number to call for access to non-emergency services. By implementing NE311 service, communities can improve 911 response times for those callers with true emergencies. Each local government entity that elects to implement 311 will determine the types of non-emergency calls that will be handled by their 311 call center.

Persons who wish to comment on this administrative filing should notify the Public Utility Commission of Texas, by May 14, 2007. Requests for further information should be mailed to the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or you may call the commission's Office of Customer Protection 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.

TRD-200701439

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 17, 2007


Notice of Intent to File LRIC Study Pursuant to P.U.C. Substantive Rule §26.214

Notice is given to the public of the filing on April 10, 2007, 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 April 20, 2007.

Docket Title and Number: Application of Windstream Communications Kerrville, LP for Approval of LRIC Study to Add Rates and Charges for Direct Inward Dial Numbers for ISDN Primary Rate Interface Service Pursuant to P.U.C. Substantive Rule §26.214, Docket Number 34129.

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 34129. 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 34129.

TRD-200701394

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 12, 2007


Notice of Intent to File LRIC Study Pursuant to P.U.C. Substantive Rule §26.214

Notice is given to the public of the filing on April 10, 2007, 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 April 20, 2007.

Docket Title and Number: Application of Windstream Communications Southwest for Approval of LRIC Study to Add Rates and Charges for Direct Inward Dial Numbers for ISDN Primary Rate Interface Service Pursuant to P.U.C. Substantive Rule §26.214, Docket Number 34130.

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 34130. 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 34130.

TRD-200701395

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 12, 2007


Notice of Intent to File LRIC Study Pursuant to P.U.C. Substantive Rule §26.214

Notice is given to the public of the filing on April 10, 2007, 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 April 20, 2007.

Docket Title and Number: Application of Windstream Sugar Land, Inc. for Approval of LRIC Study to Add Rates and Charges for Direct Inward Dial Numbers for ISDN Primary Rate Interface Service Pursuant to P.U.C. Substantive Rule §26.214, Docket Number 34131.

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 34131. 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 34131.

TRD-200701396

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 12, 2007


Notice of Intent to File LRIC Study Pursuant to P.U.C. Substantive Rule §26.214

Notice is given to the public of the filing on April 12, 2007, 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 April 23, 2007.

Docket Title and Number: Application of Central Telephone Company of Texas, doing business as Embarq, for Approval of LRIC Study for Price Reduction Associated with Optional Extended Metropolitan Service for the Hutto Exchange Pursuant to P.U.C. Substantive Rule, §26.214, Docket Number 34139.

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 34139. 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 at 1-800-735-2989. All comments should reference Docket Number 34139.

TRD-200701407

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 13, 2007


Notice of Intent to Implement Minor Rate Changes Pursuant to P.U.C. Substantive Rule §26.171

Notice is given to the public of Livingston Telephone Company, Inc. (Livingston) application filed with the Public Utility Commission of Texas (commission) on April 10, 2007, for approval of a minor rate change pursuant to P.U.C. Substantive Rule §26.171.

Docket Title and Number: Livingston Telephone Company, Inc. Notice of Intent to Implement a Minor Rate Change Pursuant to Substantive Rule §26.171; Docket Number 34133.

The Application: Livingston filed an application to change the rates to the 1-Party Monthly Local Exchange Access Line Rates for residence and business customers; the 4-Party residential Local Exchange Access Line rate; the business Rotary Key Trunk and PBX Trunk rates; and intraLATA Directory Assistance Service. The proposed effective date for the proposed rate changes is August 1, 2007. The estimated annual revenue increase recognized by Livingston is $90,301 or less than 5% of Livingston’s gross annual intrastate revenues. Livingston has 7,748 access lines (residence and business) in service in the state of Texas.

If the commission receives a complaint(s) relating to this application signed by the lesser of 5% or 1,500 of the affected local service customers to which this application applies by July 1, 2007, the application will be docketed. The 5% limitation will be calculated based upon the total number of customers of record as of the calendar month preceding the commission’s receipt of the complaint(s).

Persons wishing to comment on this application should contact the Public Utility Commission of Texas by July 1, 2007. Requests to intervene should be mailed to the commission's Filing Clerk at P.O. Box 13326, Austin, Texas 78711-3326, or you may call the commission at (512) 936-7120 or toll-free 1-800-735-2989. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 34133.

TRD-200701445

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 17, 2007


Office of Rural Community Affairs

Notice of Funding Availability Hurricane Rita Disaster Recovery

Texas Community Development Program

Summary:

(a)The Office of Rural Community Affairs (Office) announces the availability of $42,000,000 in federal funding from the Community Development Block Grant (CDBG) Disaster Recovery Program to be used for the restoration of critical infrastructure damaged by Hurricane Rita in the 29 counties directly affected by Hurricane Rita and designated in the State of Texas Action Plan for CDBG Disaster Recovery (Action Plan). Due to set-asides specified in the Action Plan, $22,200,000 remains available for the restoration of critical infrastructure damaged by Hurricane Rita in the 29 counties directly affected by Hurricane Rita and designated in the Action Plan. The availability and use of these funds is subject to the Action Plan, Title I of the Housing and Community Development Act (Act), State CDBG Program rules at 24 CFR 570, and Chapter 2306, Texas Government Code, unless specifically waived in the Federal Register, dated February 13, 2006 or October 30, 2006.

(b) Applicants will be scored based on Section 5 of this NOFA.

(c) Applications will be due no later than 120 days after the U.S. Department of Housing and Urban Development approves the State of Texas Action Plan for CDBG Disaster Recovery.

(d) Complete details and all application forms are available in the Hurricane Rita Restoration of Critical Infrastructure Application Guide located on the ORCA website at www.orca.state.tx.us.

(e) ORCA will hold at least 2 application workshops in the affected area to cover the requirements of this program.

Allocation of CDBG Funds:

(a) These funds are made available through a supplemental allocation of CDBG funds to the State of Texas and will be administered by the Office of Rural Community Affairs in partnership with the Texas Department of Housing and Community Affairs. All funds released under this NOFA are to be used to meet one of the three federal national objectives (24 CFR 570.482) and be for CDBG eligible activities for damages directly related to Hurricane Rita.

(b) ORCA will, with the approval of the TDHCA Governing Board, award contracts in the form of a grant to cities and counties for critical infrastructure projects within the affected area. The minimum award per contract will not be less than $50,000 and will not exceed $5,000,000. Only one application for up to $5,000,000 will be accepted per city or county.

(c) Applicants must demonstrate that the activities relate to infrastructure projects where there is outstanding damage that is a direct result of Hurricane Rita and that all other similar options of financing have been explored and no other options are available.

(d) Funds may not be used as the matching requirement, share, or contribution for any other Federal program, for reimbursement of activities already completed, or for projects where any other similar source of funds can be obtained.

(e) Projects must be identified, approved, and underway within 12 months of approval of the Action Plan by HUD. Work must be substantially underway and drawing funds within 18 months. Funds that have not been committed within 12 months may be reallocated to the Housing Assistance Program or may be deobligated if substantial progress has not been achieved within 18 months.

(f) Unless specifically waived, all awards from the CDBG Disaster Recovery Program will be subject to all federal and state regulations including but not limited to environmental review, labor standards (Davis Bacon), and procurement.

Eligible and Ineligible Activities:

(a) Eligible activities include:

1. flood and drainage projects (including flood buyouts in which the property is converted into open, undeveloped land);

2. repair of roads and bridges, utilities, water control facilities, water supply facilities, waste water facilities, buildings and permanently affixed equipment, hospitals, and other medical facilities;

3. debris removal.

Eligible activities will include those activities permissible under §105(a) of the Act.

(b) Ineligible activities include:

1. reimbursement of entities for disaster related funding that has been previously expended;

2. portable equipment; and

3. assistance for storm shelters that were not damaged by Hurricane Rita.

The general rule in the State CDBG program is that any activity that is not stated in HCDA 105(a) as eligible should be considered to be ineligible. Further direction can be found in the entitlement regulations at 24 CFR 570.207 and the applicable OMB circulars.

Eligible and Ineligible Applicants:

(a) Eligible applicants:

All Cities and Counties located within the 29 affected counties are eligible to apply under the CDBG Disaster Recovery Program (Affected counties include: Angelina, Brazoria, Chambers, Fort Bend, Galveston, Hardin, Harris, Jasper, Jefferson, Liberty, Montgomery, Nacogdoches, Newton, Orange, Polk, Sabine, San Augustine, San Jacinto, Shelby, Trinity, Tyler, Walker, Cherokee, Gregg, Harrison, Houston, Marion, Panola, and Rusk Counties.)

(b) Ineligible applicants: Bridge City, Hardin County, Memorial Hermann Baptist Orange Hospital, Houston, and Harris County are ineligible to apply for the competitive unreserved funding because of direct reserved funds made available under the CDBG Disaster Recovery Program for these entities.

(c) Requests regarding utility reconstruction are limited to municipally owned entities

(d) Applicants may be ineligible for funding if they meet any of the criteria detailing ineligibility with any requirements under 10 TAC §49.5(a) excluding subsections (5) thru (8) or 10 TAC §255.1(h)(6).

Selection Process:

Applicants may receive up to 400 points based on set scoring criteria. Evidence of these criteria must be submitted in accordance with the application guide on the application forms provided. Applicants will be competitively scored against one another based on a project prioritization and scoring model as detailed below:

PROJECT TYPE (200 Points):

Drainage and Debris Projects:

The following scoring ranges are expressed as ratios of households to businesses (HH:B) for the area being served.

*9:1 and above (200 Points)

*8:1- 6:1 (150 Points)

*5:1- 3:1 (100 Points)

*2:1 and below (50 Points)

Project Eligibility Requirements:

Projects addressing drainage and debris issues directly related to Hurricane Rita will be prioritized based on residential benefit. Residential Benefit will be established by the number of homes benefiting compared to the number of businesses benefiting from the project.

Primarily, drainage projects are those that relieve imminent hazards to life and property created by a natural disaster that causes a sudden impairment of a watershed. However, due to the nature of this disaster, drainage projects located outside of a watershed, Special Flood Hazard Area, or Non-Special Flood Hazard Area will also be considered. A watershed is a region or area drained by a river, stream, or other body of water. Special Flood Hazard Areas are land areas at high risk for flooding, while Non-Special Flood Hazard Areas are those located within low-to-moderate risk flood zones. Applications for projects to be conducted within a watershed or flood hazard area must be accompanied by maps and any other pertinent documentation to be provided by a licensed engineer.

Common drainage projects include removing debris from stream channels, reshaping and protecting eroded banks, correcting damaged drainage facilities, construction of water detention ponds, and repairing levees and structures. However, the purchasing of floodplain easements will be categorized under the Property Buyout Projects category for this application. Furthermore, it is important to note that curb and gutter projects being conducted within a watershed or flood hazard area in conjunction with street repair or improvements will be scored on a percentage basis based on the actual dollars spent for curb and gutter activities. The curb and gutter portion of the project will be scored by multiplying it’s percentage of costs of the overall project by 200. The remaining percentage of the project will be scored by multiplying the non-drainage related street activities percentage of costs by the maximum allowable points of 150 for road repair.

High wind events and flooding generally produce large amounts of debris. This debris may consist primarily of vegetation, construction, and demolition materials from damaged or destroyed structures and personal property. Under this category, only debris identified as the responsibility of the local jurisdiction will be eligible. Debris located on private property is ineligible unless the local jurisdiction has determined that the existing material poses an immediate threat to public health and safety. Furthermore, removal of debris from private property must be determined by the local jurisdiction to be beyond the capability of the property owner.

The methods by which applicants may choose to collect and store debris prior to proper disposal depends greatly on the type of debris, as well as the capabilities of the jurisdiction. Prior to collecting debris, all pertinent environmental concerns must be taken into consideration. For example, the removal of debris from natural streams will often require a Clean Water Act Section 404 permit from the United States Army Corp of Engineers (USACE). Additional environmental guidelines may be reviewed by obtaining the 2006 Implementation Manual located on the ORCA website at www.orca.state.tx.us.

While construction and demolition debris may be collected and disposed of at an appropriately rated landfill, woody and/or vegetative debris must be stored prior to disposal. This will require the use of a temporary debris storage and reduction sites (TDSR). The preparation and operation of a TDSR site is typically left to the contractor. However, local jurisdictions choosing to conduct their own debris operations may review Chapter 7 of the FEMA Debris Management Guide regarding the use of TDSR sites. This document may be obtained at http://www.fema.gov/pdf/government/grant/pa/demagde.pdf.

Maintaining the life expectancy of landfills in and around the state is of great concern. Therefore, applicants proposing to dispose of woody and/or vegetative debris must choose burning, chipping, or grinding as the method of disposal. If the project proposes to dispose of woody and/or vegetative debris by sending it to a landfill, the applicant must provide adequate justification for their decision. These applications will be reviewed on a case-by-case basis. Applicants choosing other forms of disposal for woody and/or vegetative debris may contact the Office of Rural Community Affairs prior to submitting their applications for additional direction.

Determining Beneficiaries:

Acceptable methods by which to identify the number of homes and businesses benefiting from this project type include the 2000 Census, an independent count of occupied structures that will benefit from the proposed project (Household/Business Count Data Sheet is required for this method), and city or county tax data.

Once the number of households has been identified, the number of beneficiaries may be calculated. The proper method for calculating the total beneficiary count for each project is to multiply the total number of households benefiting by the average household size for that census geographic area.

Municipally Owned Public Utilities/Public Facilities Projects:

*Public Water and Wastewater Projects (200 Points)

*Other Public Facilities (100 Points)

*Generators for public water and wastewater facilities only (50 Points)

The repair of existing water and wastewater facilities will receive the highest priority under this project type.

Other public facilities are eligible under this project type as well. However, requests related to utility reconstruction are limited to municipally owned entities.

Applications for the purchase of new generators will be limited in scope to public water and wastewater facilities only.

Road and Bridge Projects:

*Repair, replacement, or mitigation of an existing bridge (200 points).

*Replacement and/or repair of culverts or other drainage not located within a watershed or flood hazard area (150 points).

*Road repairs (150 points).

The repair, replacement, or mitigation of an existing bridge damaged in relation to Hurricane Rita will receive the highest priority under this project type. Per the Action Plan, "none of the funds made available under this heading may be used by a State or locality as a matching requirement, share, or contribution for any other Federal program". Therefore, the applicant must be the sole entity responsible for the maintenance and up-keep of the structure.

The replacement and/or repair of culverts or other drainage structures not located within a watershed or flood hazard area will be included within this project type. However, culverts and other drainage structures located within a watershed or flood hazard area will be categorized as drainage projects. Please refer to the section regarding drainage projects for further guidance regarding scoring criteria and methodology.

The repair of roads under this project type must be directly related to damages sustained as a result of the event and not a lack of maintenance.

Property Buyout Projects:

The following scoring ranges are expressed as ratios of households to businesses (HH:B).

Projects located within a flood hazard area:

9:1 and above (200 Points)

8:1- 6:1 (150 Points)

5:1- 3:1 (100 Points)

2:1 and below (50 Points)

Projects not located within a flood hazard area:

9:1 and above (100 Points)

8:1- 6:1 (75 Points)

5:1- 3:1 (50 Points)

2:1 and below (25 Points)

A count of occupied structures that will benefit from the proposed project (Buyout Household/Business Count Data Sheet is required) is the only acceptable method by which to identify the number of homes and businesses benefiting from this project type.

Once the number of households has been identified, the number of beneficiaries may be calculated. The proper method for calculating beneficiaries under this project type is to multiply the average household size for that particular census geographic area as noted in the census by the number of occupied household units to benefit.

Ratios under Project Type will be calculated using the rounding convention of .5 and above is always rounded up for both odd and even integers. Round (x) = Integer (x + 0.5).

AMOUNT OF DAMAGES SUSTAINED (100 Points):

The purpose of this scoring criterion is to give weight to those applicants that sustained large amounts of damages as documented by FEMA.

(Dollar amount of damages reported for applicant on FEMA document)/(Dollar amount of total damages reported for infrastructure (all applicants))* 100 = Total Points

AMOUNT OF DAMAGES - PER CAPITA BASIS (100 Points):

The purpose of this scoring criterion is to provide a more accurate depiction of the overall impact sustained by an applicant as a result of Hurricane Rita. It is important to note that municipalities must include all damages sustained within their jurisdiction.

(Dollar amount of damages reported for applicant (FEMA documentation))/total population (citywide and/or countywide) = damages per capita

Then:

Average damages per capita * 1.25 = Base

Then:

(Applicant’s damages per capita)/Base * 100 = Score

Submission and Review Process:

(a) All applications submitted under this NOFA must be received on or before 5:00 p.m. on (DATE 120 days after HUD approval of Action Plan) at the ORCA Headquarters:

Office of Rural Community Affairs

Mailing Address: PO BOX 12877, Capitol Station

Austin, TX 78711

1700 N Congress Avenue, Suite 220

Austin, TX 78701

Applications will be reviewed for applicant and activity eligibility and scoring as detailed in this NOFA and all applicable federal and state regulations.

(b) All applications must be submitted, and provide all documentation, as described in this NOFA and the application guide available on the ORCA and TDHCA web sites.

(c) ORCA may decline to consider any application if the proposed activities do not, in ORCA’s sole determination, represent a prudent use of the CDBG Disaster Recovery Program funds. ORCA reserves the right to negotiate individual elements of any application.

(d) After eligible applications have been evaluated and ranked in accordance with this NOFA and the application guide, ORCA staff shall make its recommendations to the TDHCA Governing Board for award approval.

Application Submission:

(a) Application materials must be organized and submitted in the manner detailed in the application guide. Each applicant must submit one complete "original" version of the application and one "copy" of all application materials.

(b) The application guide and all application materials including the Action Plan, NOFA, program guidelines, and all applicable CDBG rules, will be available on the ORCA and TDHCA web sites. Applicants will be required to adhere to the CDBG program applicable federal regulations and/or state regulations. Applications must be on forms provided by ORCA in the application guide and cannot be altered or modified.

(c) If an application contains deficiencies which, in the determination of ORCA staff, requires clarification or correction of information submitted at the time of application, ORCA staff may request clarification or correction of such administrative deficiencies including scoring documentation. ORCA staff may request clarification or correction in a deficiency notice in the form of a facsimile or a telephone call to the applicant advising that such a request has been transmitted. All deficiency responses should be received within 5 days of request. The time period for responding to a deficiency notice begins at the start of the business day following the deficiency notice date. An applicant may not change or supplement an application in any manner after the filing deadline, except in response to a direct request from ORCA.

For complete information regarding the requirements of this NOFA and the appropriate application forms, please see the application guide for the CDBG Disaster Recovery Program.

NOTE: This NOFA does not include the text of the various applicable regulatory provisions that may be important to the particular CDBG Program. For proper completion of the application, ORCA strongly encourages potential applicants to review all applicable State and Federal regulations.

COMMENTS:

Comments on the proposal may be submitted to Heather Lagrone, Team Lead, Office of Rural Community Affairs, P.O. Box 12877, Austin, Texas 78711, telephone: (512) 936-6701. Comments will be accepted for 30 days following the date of publication of this announcement in the Texas Register.

TRD-200701468

Mark Wyatt

Manager, Program Development

Office of Rural Community Affairs

Filed: April 18, 2007