In Addition

Texas Department of Agriculture

Notice of Waiver of Late Fees

Texas Administrative Code, Title 4, Part 1, Chapter 1, §1.56(c)(2)(B)(vi) provides that the Texas Department of Agriculture (TDA) may, by written notice published in the In Addition section of the Texas Register waive late fees for a class of licensees if, due to malfunctions in the renewal generation process, a class of license renewals are mailed less than 30 days prior to the normal expiration date for that class of licensees. In accordance with §1.56(c)(2)(B)(vi), TDA hereby provides notice that it is waiving late fees for its Nursery Floral and Pesticide Applicator accounts whose renewal notices were mailed less than 30 days prior to the expiration date due to a data transmission error that occurred during the printing of the 2007 renewal notices. This late fee waiver is effective beginning February 28, 2007, and will be valid for the affected accounts until March 31, 2007. Please contact Timothy Speer at (877) 542-2474 if you have any questions regarding this notice.

TRD-200700484

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Filed: February 14, 2007

Department of Assistive and Rehabilitative Services

Correction of Error

The Department of Assistive and Rehabilitative Services (DARS) published a notice concerning Application for Federal Funds for Early Childhood Intervention in the February 9, 2007, issue of the Texas Register (32 TexReg 565).

DARS inadvertently listed the title of the document as "Notice of Public Hearing for DARS Annual Application for Federal Funds for Early Childhood Intervention".

The correct title is "Notice of Request for Comments on DARS Annual Application for Federal Funds for Early Childhood Intervention, to be submitted on April 20, 2007".

DARS is republishing the corrected notice in this issue of the Texas Register .

TRD-200700443

Notice of Request for Comments on DARS Annual Application for Federal Funds for Early Childhood Intervention, to be submitted on April 20, 2007

The Department of Assistive and Rehabilitative Services, Division for Early Childhood Intervention, is soliciting comments related to its annual application for federal funds for early childhood intervention. DARS will be requesting funding under the Individuals with Disabilities Education Act, Part C for federal fiscal year 2007. The funding application will be submitted to the U.S. Department of Education, Office of Special Education Programs on April 20, 2007. To request copies of annual funding application or to make comments concerning early childhood intervention contact:

Kim Wedel

Assistant Commissioner

Early Childhood Intervention

Department of Assistive & Rehabilitative Services

4900 North Lamar Blvd., Mail Code 3029

Austin, Texas 78751-2399

(512) 424-6753

TRD-200700436

Sylvia F. Hardman

Deputy Commissioner for Legal Services

Department of Assistive and Rehabilitative Services

Filed: February 13, 2007

Office of the Attorney General

Notice of Settlement of Texas Water Code Enforcement Action

The State of Texas hereby gives notice of the proposed resolution of a suit brought by the Texas Commission on Environmental Quality for soil and groundwater contamination caused by the discharge of tetrachloroethylene. The claims were brought in part pursuant to the Texas Water Code. Before the State may settle a judicial enforcement action, pursuant to §7.110 of the Texas Water Code, the State shall permit the public to comment in writing on the proposed judgment to be entered by the United States Bankruptcy Court. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreement if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Law.

Case Title and Court: Harris County Texas v. Henry T.T. Lucky, Inc., Choon Hae Kim dba Bell Dry Cleaners, and the estate of Dae Kim, No. 2003-03457, 152nd Judicial District, Harris County, Texas, to be settled in In re Choon Hae Kim, Case No. 05-81566, United States Bankruptcy Court for the Southern District of Texas, Galveston Division.

Nature of Suit: This is a suit for civil penalties and injunctive relief related to groundwater and soil contamination in the vicinity of Bell Dry Cleaners located at 11600 Jones Road, Harris County, Texas.

Proposed Settlement: The proposed settlement provides for injunctive relief and a global resolution in the bankruptcy case of the TCEQ's claims against Choon Hae Kim in both the state court case (Harris County Texas v. Henry T.T. Lucky, Inc., Choon Hae Kim dba Bell Dry Cleaners, and the estate of Dae Kim, No. 2003-03457, 152nd Judicial District, Harris County, Texas) and the bankruptcy case (In re Choon Hae Kim, Case No. 05-81566, United States Bankruptcy Court for the Southern District of Texas, Galveston Division). The proposed settlement liquidates the TCEQ's claims for civil fines and penalties against Choon Hae Kim and provides that the TCEQ and Harris County, jointly and severally, have an allowed two million dollar ($2,000,000.00) non-dischargeable Bankruptcy Court judgment for civil files and penalties against Choon Hae Kim under applicable bankruptcy laws. The proposed settlement further provides that after the Bankruptcy Court has approved the proposed settlement and entered its judgment, TCEQ and Harris County will non-suit Choon Hae Kim, with prejudice, in the state court case.

The Office of the Attorney General will accept written comments relating to this proposed judgment for thirty (30) days from the date of the publication of this notice. Copies of the proposed judgment may be examined at the Office of the Attorney General, 300 W. 15th Street, 8th Floor, Austin, Texas. A copy of the proposed judgment may also be obtained in person or by mail at the above address for the cost of copying. Requests for copies of the settlement and written comments on the proposed judgment should be directed to Ashley Flynn Bartram, Assistant Attorney General, Bankruptcy & Collections Division, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2173, facsimile (512) 482-8341.

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

TRD-200700479

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: February 14, 2007

Texas Building and Procurement Commission

List of States with Resident Bidder Preferences

Pursuant to Government Code, §2252.003(a), the Texas Building and Procurement Commission (Commission) is required to annually publish in the Texas Register a list of the states that regulate the award of a governmental contract to nonresident bidders. The list must include a citation and summary of each state's law or regulation concerning the evaluation of bids from and award of contracts to nonresident bidders.

In addition, the Texas Building and Procurement Commission publishes the list and information concerning Reciprocity on its web site at the following address:

http://www.tbpc.state.tx.us/communities/procurement/res

The following list meets the statutory requirement to publish under §2252.003(a) and is a valuable resource. However, the Commission stresses that statutes should be construed in their entirety. Before relying on any section for evaluation of a bid, the Commission recommends obtaining and reviewing the relevant law or regulation in its entirety.

For information concerning this list or updates to the list, contact the Commission's Legal Services Division at (512) 463-4257.

ALABAMA

ALABAMA RESIDENT BIDDER PREFERENCE

Certain State Agencies: Preference to be given to Alabama commodities, firms, etc., Ala. Code §41-16-57. In the purchase of or contract for personal property or contractual services preference shall be given to Alabama persons, firms, or corporations provided there is no sacrifice or loss in price or quality. Public Works contracts are specifically excluded as they are governed exclusively by Title 39 of the Code of Alabama. See reciprocal preference below.

Generally: Manner of awarding contracts generally; records; exemptions, Ala. Code §41-16-27. Preference for Alabama persons, firms, or corporations for purchase or contract for personal property or contractual services. Alabama business entity to have preference in contractual services and purchases of personal property regarding certain services negotiated on behalf of two-year and four-year colleges and universities.

Highways: Purchase of motor fuels, oils, greases and lubricants, Ala. Code §23-1-51. All motor fuels, oils, greases, and lubricants bought by or for the State Department of Transportation for use in the construction, maintenance, and repair of the county roads and bridges shall be purchased from vendors and suppliers residing in the county where such motor fuels, oils, greases and lubricants are to be used.

Local Agencies: Contracts for which competitive bidding required generally, Ala. Code §41-16-50. Bids for items of personal property where the county, a municipality, or an instrumentality thereof is awarding authority, may award to bidder that is resident of "local preference zone" if bid is no more than 3% greater than that of the lowest bid.

Public Contracts: Contracts for which competitive bidding required; award to preferred vendor, Ala. Code §41-16-20. Public contracts of $7,500 or more awarded to "preferred vendor" if price not more than 5% greater than lowest responsible bidder. Definition of "preferred vendor" includes priority preference ranking and centers on location of business within the state. Public Works contracts are specifically excluded as they are governed exclusively by Title 39 of the Code of Alabama. See reciprocal preference below.

ALABAMA RECIPROCAL PREFERENCE

Public Works: Preference to resident contractors in letting of certain public contracts, Ala. Code §39-3-5. Preference given to resident contractors for public contracts using state, county, or municipal funds-application of reciprocal preference to nonresident bidder.

ALASKA

ALASKA RESIDENT BIDDER PREFERENCE

Art: Art requirements for public buildings and facilities, Alaska Stat. §35.27.020. Use of state cultural resources and selection of Alaska resident artists for commission of art works for public buildings and facilities is encouraged.

Pilot Program for State Procurement and Electronic Commerce Tools: Evaluation and award, HB 257, 24 th Leg., Sec. 5, 2006 SLA ch. 113 (eff. Dec. 12, 2006). Alaska bidder preference of 5% for contracts based on solicited bids; Alaska bidder offering services through an employment program shall receive 15% cost preference during evaluation; Alaska bidder that is qualifying entity shall receive 10% cost preference during evaluation; Alaska bidder with 50% or more of the bidder's employees qualified as persons with disabilities shall receive 10% cost preference during evaluation; Alaska bidder preference of 5% for insurance-related contracts.

Public Contracts: Competitive Sealed Bidding--Contract award after bids, Alaska Stat. §36.30.170. Alaska bidder preference of 5% for contracts based on solicited bids; Alaska bidder offering services through an employment program shall be awarded contract if bid not more than 15% higher than lowest bid; Alaska bidder preference of 5% for insurance-related contracts; Alaska bidder that is "qualifying entity" shall be awarded contract if bid is not more than 10% higher than lowest bid; Alaska bidder with 50% or more of the bidder's employees qualifying as persons with a disability shall be awarded contract if bid is not more than 10% higher than lowest bid.

Public Contracts: Competitive Sealed Proposals--Award of contract, Alaska Stat. §36.30.250. Procurement officer shall take into account whether offeror qualifies as Alaska bidder in determining whether a proposal is advantageous to the state.

Public Contracts: Evaluation of proposals, Alaska Admin. Code tit. 2, §12.260. Proposed price of Alaska bidder reduced by 5%; Numerical rating system-10% of total possible value assigned to proposal of Alaska bidder.

AMERICAN SAMOA

AMERICAN SAMOA RESIDENT BIDDER PREFERENCE

Procurement Contracts: Local preference, Am. Samoa Code Ann. §12.0210. Construction bids from off-island bidders not accepted where contract value is estimated at 1.5 million dollars or less. For works valued over 1.5 million dollars, 10% add-on to off-island bidder.

For goods or services add-on percentages to bid of lowest off-island bidder applied as follows:

Up to $10,000: 25%

More than $10,000 up to $50,000: 12%

More than $50,000 up to $100,000: 10%

More than $100,000 up to $200,000: 5%

More than $200,000: -0-

Local bidder awarded contract if bid equal to or less than off-island bidder after applicable add-on percentages.

Procurement Contracts: Local preference and evaluation, Am. Samoa Admin. Code §10.0272. Construction-Contract value estimated at $50,000 or less restricted to local bidders only; contract value estimated to exceed $50,000 add-on percentages to bid of lowest off-island bidder applied as follows:

$50,001 to $100,000: 10%

$100,001 to $200,000: $10,000 plus 5% of amount over $100,000

More than $200,000: $15,000

For goods or services add-on percentages to bid of lowest off-island bidder applied as follows:

Up to $10,000: 25%

$10,001 to $50,000: $2,500 plus 12% of amount over $10,000

$50,000 to $100,000: $7,300 plus 10% of amount over $50,000

$100,001 to $200,000: $12,300 plus 5% of amount over $100,000

More than $200,000: $17,300

Local bidder awarded contract if bid equal to or less than off-island bidder after applicable add-on percentages.

ARKANSAS

ARKANSAS RESIDENT BIDDER PREFERENCE

Art: Selection committees, Ark. Code Ann. §13-8-206(c)(2). If all factors equivalent, preference given to works of art by Arkansas artists.

Commodities: Preference of Arkansas firms, Ark. Code Ann. §19-11-259(B). If at least one bidder makes written claim for residency preference, preference given to resident Arkansas firm if bid not more than 5% of lowest nonresident bid. Bidder receiving preference for recycled paper may not also receive residency preference, see Ark. Code Ann. §19-11-260.

Professional Services: Evaluation of qualifications, Ark. Code Ann. §19-11-803. In evaluating qualifications shall consider firm's proximity to the area in which the project is located.

Purchasing and Contracts: Priority to private industries, Ark. Code Ann. §19-11-304. Preference given to private industries located within Arkansas and employing Arkansas taxpayers over out-of-state penal institutions employing convict labor.

Purchasing and Contracts: Multiple private industry bids, Ark. Code Ann. §19-11-305. Preference given to Arkansas bidder if bid not more than 5% over lowest nonresident private industry bidder and not more than 15% over lowest out-of-state correctional institution bidder.

CALIFORNIA

CALIFORNIA RESIDENT BIDDER PREFERENCE

Agricultural Aircraft Operators: Giving contracts and purchasing supplies from residents, Cal. Gov't Code §4361. Preference given to agricultural aircraft operators who are residents if bids do not exceed by more than 5% of lowest bid of nonresident agricultural aircraft operators.

Art in Public Buildings: State architect and council; duties, Cal. Gov't Code §15813.3. Preference may be given to artists who are California residents.

Employment and Economic Incentive Act: Worksite preference-contract for goods, Cal. Code Regs. tit. 2, §1896.101. For contract in excess of $100,000, preference of 5% for California based companies with no less than 50% of labor accomplished at worksite or worksites located in program area.

Employment and Economic Incentive Act: Hiring preference-contract for goods, Cal. Code Regs. tit. 2, §1896.102. Additional preferences for bidder complying with rule 1896.101 from 1% to 4% in accordance with Cal. Gov't Code §7084.

Employment and Economic Incentive Act: Worksite preference-contract for services, Cal. Code Regs. tit. 2, §1896.104. For contract for services in excess of $100,000, preference of 5% for California companies that perform contract at worksite or worksites located in program area.

Employment and Economic Incentive Act: Hiring preference-contract for services, Cal. Code Regs. tit. 2, §1896.105. Additional preferences for bidder complying with rule 1896.104 from 1% to 4% in accordance with Cal. Gov't Code §7084.

Enterprise Zone Act: State contracts for goods; preferences for bidders with worksites in enterprise zones, Cal. Gov't Code §7084. Subsection (a) - Preference of 5% when the state prepares a solicitation for a contract for goods in excess of $100,000 to California based companies who certify that not less than 50% of the labor hours required to perform the contract shall be accomplished at a worksite or worksites located in an enterprise zone.

Subsection (b) - Preference of 5% in evaluating proposals for contracts for services in excess of $100,000 to California based companies who certify that not less than 90% of the labor hours required to perform the contract shall be accomplished at a worksite or worksites located in an enterprise zone.

Subsection (c) - Bidders complying with subsection (a) or (b) receive additional preference as follows:

1% preference given to bidders who agree to hire persons living within a targeted employment area or enterprise zone equal to 5 to 9% of its workforce.

2% preference given to bidders who agree to hire persons living within a targeted employment area or enterprise zone equal to 10 to 14% of its work force.

3% preference given to bidders who agree to hire persons living within a targeted employment area or enterprise zone equal to 15 to 19% of its workforce.

4% preference given to bidders who agree to hire persons living within a targeted employment area or enterprise zone equal to 20% or more of its workforce during the period of the contract performance.

Subsection (e) - Small business bidders qualified in accordance with §14838 shall have preference over nonsmall business bidders.

Local Agency Military Base Recovery Area Act: Preferences awarded to bidders on state contracts, Cal. Gov't Code §7118. Subsection (a) - Preference of 5% is awarded to California-based companies in contracts for goods in excess of $100,000 if no less than 50% of the labor required to perform the contract is accomplished at a worksite or worksites located in a local agency military base recovery area ("LAMBRA").

Subsection (b) - Preference of 5% is awarded to California-based companies in contracts for services in excess of $100,000 if no less than 90% of the labor required to perform the contract is accomplished at a worksite or worksites located in a local LAMBRA.

Subsection (c) - Bidders complying with subsection (a) or (b) receive additional preference as follows:

1% preference for bidders who agree to hire persons living within a LAMBRA that is equal to 5 to 9% of its work force during the period of contract performance.

2% preference for bidders who agree to hire persons living within a LAMBRA that is equal to 10 to 14% of its work force during the period of contract performance.

3% preference for bidders who agree to hire persons living within a LAMBRA that is equal to 15 to 19% of its work force during the contract performance.

4% preference for bidders who hire persons living within a LAMBRA that is equal to 20% or more of its work force during the contract performance.

Subsection (e) - Small business bidder qualified in accordance with §14838 given preference over nonsmall business bidder.

Public Contracts: Acquisition of information technology goods and services, Cal. Pub. Cont. Code §12102. Preference of 5% for small business.

Small Business: Application of preferences, Cal. Code Regs. tit. 2, §1896.6. Small Businesses granted 5% preference.

Small Business: Computing the preferences, Cal. Code Regs. tit. 2, §1896.8. Application of small business preference.

Small Business: Eligibility for Certification as small business, Cal. Code Regs. tit. 2, §1896.12. Eligibility for certification as small business includes requirement that the principal office is located in California.

Small Business Procurement and Contract Act: Definitions, Cal. Gov't Code §14837. Definition of "small business" includes requirement that the principal office of the business is located in California.

Small Business Procurement and Contract Act: Duties of directors of General Services and other state agencies, Cal. Gov't Code §14838. Small business given 5% preference over the lowest responsible bidder meeting specifications in state procurement, construction contracts, and in service contracts. The maximum small business preference shall not exceed $50,000 for any bid and the combined cost for preferences granted by law shall not exceed $100,000.

Target Area Contract Preference Act: Legislative declaration and intent, Cal. Gov't Code §4531. Preference for California based companies submitting bids or proposals for state contracts to be performed at worksites in distressed areas by persons with a high risk of unemployment when the contract is for goods or services in excess of $100,000.00.

Target Area Contract Preference Act: Contracts for goods; preference to companies performing contracts in distressed areas, Cal. Gov't Code §4533. Preference of 5% in contracts for goods in excess of $100,000 given to California based companies that have at least 50% of the labor hours required to manufacture the goods and perform the contract performed at a worksite or worksites located in a distressed area.

Target Area Contract Preference Act: Contracts for goods; additional preference, Cal. Gov't Code §4533.1. Additional preference awarded to bidders for contracts of goods in excess of $100,000 and who comply with §4533 in following amounts:

1% preference for bidders who agree to hire persons with high risk of unemployment equal to 5 to 9% of its work force during the period of contract performance;

2% preference for bidders who agree to hire persons with high risk of unemployment equal to 10 to 14% of its work force during the period of contract performance;

3% preference for bidders who agree to hire persons with high risk of unemployment equal to 15 to 19% of its workforce during the period of contract performance; and

4% preference for bidders who agree to hire persons with high risk of unemployment equal to 20% or more of its workforce during the period of contract performance.

Target Area Contract Preference Act: Contracts for services; preference to companies performing contract in distressed areas, Cal. Gov't Code §4534. Preference of 5% in contracts for services in excess of $100,000 given to California based companies that have no less than 90% of the labor required for the contract performed at a worksite or worksites located in a distressed area.

Target Area Contract Preference Act: Contracts for services; additional preferences, Cal. Gov't Code §4534.1. Additional preference awarded to bidders for contracts for services in excess of $100,000 and who comply with §4534 in following amounts:

1% preference for bidders who agree to hire persons with high risk of unemployment equal to 5 to 9% of its work force during the period of contract performance;

2% preference for bidders who agree to hire persons with high risk of unemployment equal to 10 to 14% of its work force during the period of contract performance;

3% preference for bidders who agree to hire persons with high risk of unemployment equal to 15 to 19% of its workforce during the period of contract performance; and

4% preference for bidders who agree to hire persons with high risk of unemployment equal to 20% or more of its workforce during the period of contract performance.

Target Area Contract Preference Act: Maximum preference; small business bidder preference, Cal. Gov't Code §4535.2. The maximum preference and incentive a bidder may be awarded under Chapter 10.5, the Target Area Contract Preference Act, is 15% and is not to exceed a cost preference of $50,000. The combined cost of preferences and incentives granted pursuant to Chapter 10.5 and any other provision of law is not to exceed $100,000. Small business bidders qualified in accordance with §14838 shall have precedence over non-small business bidders.

Target Area Contract Preference Act: Worksite preference-purchase of goods, Cal. Code Regs. tit. 2, §1896.31. For contract in excess of $100,000, preference of 5% for California based companies who certify that no less than 50% of labor shall be accomplished at worksite located in distressed area.

Target Area Contract Preference Act: Hiring preference-purchase of goods, Cal. Code Regs. tit. 2 §1896.32. Additional preferences for bidder complying with rule 1896.31 from 1% to 4% in accordance with Cal. Gov't Code §4533.1.

Target Area Contract Preference Act: Worksite preference-contract for services, Cal. Code Regs. tit. 2, §1896.34. For contract for services in excess of $100,000, preference of 5% for California based companies that perform contract at worksite or worksites located in distressed area.

Target Area Contract Preference Act: Hiring Preference-contract for services, Cal. Code Regs. tit. 2, §1896.35. Additional preferences for bidder complying with rule 1896.34 from 1% to 4% in accordance with Cal. Gov't Code §4534.1.

CALIFORNIA RECIPROCAL PREFERENCE

Public Contracts: California company; reciprocal preference against nonresident contractors, Cal. Pub. Cont. Code §6107. Application of reciprocal preference.

COLORADO

COLORADO RESIDENT BIDDER PREFERENCE

Agricultural Products: Preference for state agricultural products, Colo. Rev. Stat. Ann. §8-18-103. Contract awarded to resident bidder who produces products in state if of equal quality, suitable for bid, sufficient in quantity, and bid price equal or not reasonably exceeding lowest bid.

Commodities: Bid preference-state contracts, Colo. Rev. Stat. Ann. §8-18-101(b). In invitation for bids for commodities contract, low tie bids between resident bidder and nonresident bidder-resident bidder given preference.

Contracts: Preferences, 1 Colo. Code Regs. Art. 111, R-24-111-102-02. In event of tie bids for commodities, preference given to resident bidder.

Design-Build Contracts: General procedures, Colo. Rev. Stat. Ann. §43-1-1406. Preference to Colorado residents.

Professional Services: Preliminary selections, Colo. Rev. Stat. Ann. §24-30-1403. In selection, Colorado firms given preference when qualifications appear to be equal.

Source Selection: Low tie Bids-award procedure and determination-bid preference, Colo. Rev. Stat. Ann. §24-103-202.5. In invitation for bids for supply contract, low tie bids between resident bidder and nonresident bidder-resident bidder given preference.

COLORADO RECIPROCAL PREFERENCE

Commodities and Services: Bid preference-state contracts, Colo. Rev. Stat. Ann. §8-18-101(a). Application of reciprocal preference.

Construction Project: Bid preference-public projects, Colo. Rev. Stat. Ann. §8-19-101. Application of reciprocal preference.

Public Projects: Resident bidder-reciprocity, Colo. Rev. Stat. Ann. §8-19-192.5. Application or reciprocal preference.

CONNECTICUT

CONNECTICUT RESIDENT BIDDER PREFERENCE

Purchases and Printing: Award of contracts, Conn. Gen. Stat. §4a-59. All other factors being equal, preference given to services originating and provided in Connecticut.

DELAWARE

DELAWARE RESIDENT BIDDER PREFERENCE

Public Works: Large public works contract procedure-preference for Delaware labor, Del. Code Ann. Tit. 29, §6962(d)(4)(b). Preference for Delaware laborers, workers or mechanics in the construction of all public works for the State of Delaware or any political subdivision, or by firms contracting with the State or any political subdivision thereof.

DISTRICT OF COLUMBIA

DISTRICT OF COLUMBIA RESIDENT BIDDER PREFERENCE

Procurement: District-based businesses preference, D.C. Code §2-303.01. Preference for the purchase of materials, equipment, and supplies sold by District-based businesses under rules set by the mayor.

FLORIDA

FLORIDA RESIDENT BIDDER PREFERENCE

Commodities: Source Selection, bid openings and contract awards-preference to bidders within the state, Fla. Admin. Code Ann. r. 25-25.009(5). Preference to bidders within Florida if commodities can be purchased at no greater expense, and of equal quality.

Procurement: Minority business companies, Fla. Admin. Code Ann. r. 25-25.025. If bids/proposals identical, preference given to minority owned company. Definition of minority and minority business contains requirement that minority is resident of Florida or business domiciled in Florida. Fla. Stat. Ann. §288.703.

Public Buildings: Preference to home industries in building public buildings, Fla. Stat. Ann. §255.04. In erecting or constructing any public administrative or institutional building, preference given in letting of contracts for construction to materialmen, contractors, builders, architects, and laborers who reside in Florida as long as can be employed at no greater expense than nonresident.

Public Printing: Preference given printing within the state, Fla. Stat. Ann. §283.35. In contract to have materials printed, preference given to vendors located within Florida as long as printing can be done at no greater expense.

FLORIDA RECIPROCAL PREFERENCE

Commodities, Insurance and Contractual Services: Preference to Florida businesses, Fla. Stat. Ann. §287.084. Application of reciprocal preference in purchases of personal property.

GEORGIA

GEORGIA RESIDENT BIDDER PREFERENCE

Art: Duties of Georgia Council for the Arts, Ga. Code Ann. §8-5-5. Preference may be given to artists who are Georgia residents.

Purchasing: Preference to Georgia products, etc., Ga. Code Ann. §50-5-60. Intention of subsection that the state use Georgia labor.

Purchasing: Preference to local sellers, Ga. Code Ann. §50-5-62. All things being equal, preference given to local sellers of Georgia products.

GEORGIA RECIPROCAL PREFERENCE

Purchasing: Preference to Georgia products, etc., Ga. Code Ann. §50-5-60. Application of reciprocal preference.

GUAM

GUAM RESIDENT BIDDER PREFERENCE

Art in Public Buildings: Arts in public buildings and facilities, Guam Code Ann. tit. 1, §852. Preference for local artists if available.

Procurement: Local procurement preference, 2 Guam Admin. R. & Regs. §1104. All procurement of supplies, and procurement of services shall be made from among businesses licensed to do business on Guam and that maintain an office or other facility on Guam.

Procurement: Policy in favor of local procurement, Guam Code Ann. tit. 5, §5008. All procurement of supplies and services shall be made from among businesses licensed to do business on Guam and that maintain an office or other facility on Guam.

HAWAII

HAWAII RESIDENT BIDDER PREFERENCE

Economic Development: Contracts, Haw. Rev. Stat. §201-4. The department of business, economic development and tourism may contract with qualified private and public agencies, associations, firms, or individuals provided that preference is given to contractors within the state.

Procurement Policy: Evaluation procedure and contract award-Hawaii products, Haw. Code R. §3-124-5. Order of preferences where more than one preference applicable.

Procurement Policy: Evaluation procedure and contract award-Printing, binding, and stationery, Haw. Code R. §3-124-12. Order of preferences where more than one preference applicable.

Procurement Policy: Evaluation procedure and contract award-Reciprocal, Haw. Code R. §3-124-18. Order of preferences where more than one preference applicable.

Procurement Policy: Evaluation procedure and contract award-Recycled products, Haw. Code R. §3-124-25. Order of preferences where more than one preference applicable.

Procurement Policy: Solicitation procedures-Software development businesses, Haw. Code R. §3-124-34. Hawaii software development businesses given 10% preference for evaluation.

Procurement Policy: Evaluation procedure and contract award-Software development businesses, Haw. Code R. §3-124-35. Order of preferences where more than one preference applicable.

Procurement Policy: Evaluation procedure and contract award-Tax preference, Haw. Code R. §3-124-55. Order of preferences where more than one preference applicable.

Procurement Policy: Evaluation procedure and contract award-Qualified Community Rehabilitation Programs, Haw. Code R. §3-124-64. Order of preferences where more than one preference applicable.

Software Development: Software development businesses, Haw. Rev. Stat. §103D-1006. In any expenditure of public funds for software development, use of Hawaii software development businesses preferred. Bids of non-Hawaii software development businesses increased by certain percentage set by rule.

HAWAII RECIPROCAL PREFERENCE

Procurement: Reciprocity, Haw. Rev. Stat. §103D-1004. Application of reciprocal preference. Definition of "resident bidder" used by other state in applying preference applies.

Procurement Policy: Applicability--Reciprocal, Haw. Code R. §3-124-17. Application of reciprocal preference.

IDAHO

IDAHO RESIDENT BIDDER PREFERENCE

Property: Requisitions for property-Notice-Form-Guarantee-Procedure for bidding, Idaho Code Ann. §67-5718. Preference given to bidders having a significant Idaho economic presence.

Purchasing: Tie Bids-Award, Idaho Admin. Code r. 38.05.01.082. To discourage tie bid, may award to an Idaho resident or an Idaho domiciled bidder.

IDAHO RECIPROCAL PREFERENCE

Paper: Preference for Idaho suppliers and recycled paper products for purchases, Idaho Code Ann. §67-2349. Application of reciprocal preference. Bidder domiciled outside the boundaries of Idaho considered Idaho domiciled bidder if significant Idaho economic presence for one year preceding the date of the bid.

Public Works: Preference for Idaho domiciled contractors on public works, Idaho Code Ann. §67-2348. Application of reciprocal preference.

ILLINOIS

ILLINOIS RESIDENT BIDDER PREFERENCE

Commodities: Purchase for public institutions of commodities in other states; preferences, 30 Ill. Comp. Stat. Ann. 520/2. In purchasing commodities from vendors in other state, give preference to vendors whose home state does not prohibit purchase of Illinois commodities.

Procurement: Resident Bidder Preference, Ill. Admin. Code tit. 44, 1.4510. In breaking a tie, award given to resident vendor.

Purchases: Resident Vendor Preference, Ill. Admin. Code tit. 44, 500.1110(c). In breaking a tie, award given to resident vendor.

ILLINOIS RECIPROCAL PREFERENCE

Contracts: Resident bidders, 30 Ill. Comp. Stat. Ann. 500/45-10. Application of reciprocal preference.

Purchases: Resident Vendor Preference, Ill. Admin. Code tit. 44, 500.1110(a). Application of reciprocal preference.

INDIANA

INDIANA RESIDENT BIDDER PREFERENCE

Public Works: Preference rules, Ind. Code Ann. §4-13.6-6-2.5. Department of Administration may adopt rules to give preference to Indiana Business.

Public Works: "Indiana business"; price preferences, Ind. Code Ann. §4-13.6-6-2.7.

(c) Price preferences for contractor that is Indiana Business:

(1) 5% for contract expected to be less than $500,000

(2) 3% for contract expected to be at least $500,000 but less than $1,000,000

(3) 1% for contract expected to be at least $1,000,000

(d) Contract awarded to lowest responsive and responsible contractor regardless of preference if:

(1) contractor is Indiana contractor; or

(2) nonresident contractor from state bordering Indiana and the home state does not provide a preference to home state's contractors more favorable than is provided by Indiana law to Indiana contractors.

Purchasing Preferences: Preference to Indiana businesses; rules, Ind. Code Ann. §5-22-15-20. Governmental body, except state lottery commission, may adopt rules to give preference to Indiana business under certain circumstances. Rules may not give preference that is more favorable to Indiana business than the other state's preference to other state's businesses. Rules must provide that contract awarded to lowest responsive and responsible offeror, regardless of preferences, if offeror is Indiana business or offeror is nonresident from state bordering Indiana and the home state does not provide a preference to home state's businesses more favorable than is provided by Indiana law to Indiana businesses.

Purchasing Preferences: Preferences for supplies, Ind. Code Ann. §5-22-15-20.5.

(d) Price preferences for supplies purchased from Indiana business:

(1) 5% for purchase expected to be less than $500,000

(2) 3% for purchase expected to be at least $500,000 but less than $1,000,000

(3) 1% for purchase expected to be at least $1,000,000

(e) Contract awarded to lowest responsive and responsible offeror regardless of preference if:

(1) offeror is Indiana business; or

(2) offeror is nonresident from state bordering Indiana and the home state does not provide preference to home state's businesses more favorable than is provided by Indiana law to Indiana businesses.

Small Business: Price preference for supplies to Indiana small businesses, Ind. Code Ann. §5-22-15-23. Governmental body shall give 15% preference for supplies to Indiana small business.

State Policy: Establishment of the "Buy Indiana" presumption, Ind. Exec. Order No. 05-05 (Jan. 10, 2005). State procurement subject to a "Buy Indiana" presumption requiring state agencies to buy their supplies and services from "Indiana businesses." Department of Administration to increase percentage of state procurement from Indiana businesses to 90% of state's total procurement volume.

IOWA

IOWA RESIDENT BIDDER PREFERENCE

Art in State Buildings: Competition of artists, Iowa, code Ann. §304A.13. Preference given to works by living or deceased Iowa artists.

Goods and Services of General Use: Preferred products and vendors, Iowa Admin. Code r. 11-105.5(8A). 105.5(2) - Preference to Iowa-based businesses. Make every effort to support Iowa-based businesses. Tied responses to solicitations decided in favor of Iowa-based business.

Purchasing: Competitive bidding-preferences-reciprocal application-direct purchasing, Iowa Code Ann. §8A.311. Preference given to Iowa-based businesses if comparable in price to bids submitted by out-of-state businesses.

Small Business: Procurements from small businesses-goals, Iowa Code Ann. §73.16. Requirement to purchase goods and services supplied by small businesses and establish procurement goal of at least 10% coming from such purchase.

Transportation: Contract award, Iowa Admin. Code r. 761-20.4(307). 20.4(6)(b) - Tie bids. First preference to Iowa bidder.

IOWA RECIPROCAL PREFERENCE

Public Contracts and Bonds: Reciprocal resident bidder preference by state, its agencies, and political subdivisions, Iowa Code Ann. §73A.21. Application of reciprocal preference. If another state has more stringent definition of resident bidder, the more stringent definition is applicable as to bidders from that state.

Purchasing: Competitive bidding-preferences-reciprocal application-direct purchasing, Iowa Code Ann. §8A.311. Application of reciprocal preference.

KANSAS

KANSAS RESIDENT BIDDER PREFERENCE

Contract and Purchases: Competitive bids; price preferences, Kan. Stat. Ann. §75-3740. Tie bids awarded to resident bidder.

KANSAS RECIPROCAL PREFERENCE

Contracts and Purchases: State and local government contracts; bidders domiciled in other states, Kan. Stat. Ann. §75-3740a. Application of reciprocal preference.

KENTUCKY

KENTUCKY RESIDENT BIDDER PREFERENCE

Commonwealth Bond Counsel Business: Preference for Kentucky firms, Ky. Rev. Stat. Ann. §45A.873(2). Resident bidder ranked one place ahead of out-of-state firm in tie vote.

KENTUCKY RECIPROCAL PREFERENCE

Commonwealth Bond Counsel Business: Preference for Kentucky firms, Ky. Rev. Stat. Ann. §45A.873(1)(a). Application of reciprocal preference.

LOUISIANA

LOUISIANA RESIDENT BIDDER PREFERENCE

Competitive Sealed Bidding: Tie bids, La. Admin. Code tit. 34, §529(B)(1). Preference to resident business in tie bid if no sacrifice or loss of quality.

Land-Based Casino Contracts: Utilization of Louisiana goods and services, La. Rev. Stat. Ann. §27:246. Preference and priority given to Louisiana residents, laborers, vendors, and suppliers in contracts for goods and services if reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operational efficiency.

Materials, Supplies and Provisions: Preference to firms doing business in state, La. Rev. Stat. Ann. §38:2253. All things being equal, preference given to firms doing business in Louisiana. Preference inferior to and superseded where conflicting with La. Rev. Stat. Ann. §38:2251 (Louisiana products preferences).

Materials, Supplies and Provisions: Printing contracts, La. Rev. Stat. Ann. §38:2255. For purchases of printing, lithographing, embossing, engraving, binding, record books, printed supplies, stationery and office supplies and equipment, shall be purchased from Louisiana firms and printing, lithographing, embossing, engraving, and binding done in Louisiana by Louisiana firms unless bid submitted by firm outside Louisiana is 3% lower. Does not apply to specialized forms and printing, such as continuous forms, margin punched forms, football tickets, 24 sheet poster, music printing, steel dye and lithographed bonds, decalcomanias, revenue stamps, lithographing and bronzing on acetate, college annuals, fine edition binding, and books.

Materials, Supplies and Provisions: Supplies not ordinarily obtainable from Louisiana firms, La. Rev. Stat. Ann. §38:2256. Permissible to purchase supplies not ordinarily obtainable from Louisiana firms from applicable non-resident firms; however, Louisiana firms shall be given opportunity to furnish supplies and given preference.

Public Contracts: Preference given to supplies, material, or equipment produced or offered by Louisiana citizens, La. Rev. Stat. Ann. §38:2184. Cost and quality being equal, preference to supplies, material, or equipment produced or offered by Louisiana citizens.

Public Contracts: Preference for products produced or manufactured in Louisiana, La. Rev. Stat. Ann. §38:2251. Preferences only apply to bidders whose Louisiana business workforce is comprised of a minimum of 50% of Louisiana residents.

Subsection (B) - For purchases of agricultural or forestry products, including meat, seafood, produce, eggs, paper or paper products, preference given as long as product meets Louisiana product criteria; product is equal to or better in quality; and cost does not exceed by more than 10% the cost of other products.

Subsection (D) - For purchases of meat and meat products which are further processed in Louisiana under the grading and certification service of the Louisiana Department of Agriculture and Forestry, preference given if equal in quality to other meat and meat products and cost does not exceed by more than 7% cost of other products.

Subsection (E) - For purchases of domesticated or wild catfish which are processed in Louisiana but grown outside Louisiana, preference given if equal in quality and cost does not exceed by more than 7% cost of catfish processed outside Louisiana.

Subsection (G) - For purchases of produce processed in Louisiana but grown outside Louisiana, preference given if equal in quality and cost does not exceed by more than 7% cost of produce processed outside Louisiana.

Subsection (H) - Except as otherwise provided in this Section, for purchases of materials, supplies, or equipment which are Louisiana products, preference given if equal in quality; cost of such items does not exceed cost by more than 10% of the cost of other items manufactured, processed, produced, or assembled outside the state; and vendor agrees to sale price equal to lowest bid offered.

Preferences do not apply to Louisiana products whose source is a clay which is mined or originates in Louisiana, and which is manufactured, processed or refined in Louisiana for sale as an expanded clay aggregate form different than its original state; do not affect preferences applicable to brick manufacturers; do not apply to fire fighting or rescue equipment; and do not apply to treated wood poles and piling.

Furthermore, provisions do not apply to drainage district or sewerage and water board located in a municipality with population in excess of 500,000 wherein the cost of products produced or manufactured in the state of Louisiana does not exceed by more than 5% the cost of products which are equal in quality to products produced or manufactured outside of the state in purchases of one million dollars or more, as provided by Acts 880 and 693 of the 1985 Regular Session of the Louisiana Legislature.

Public Contracts: Requests for bids and proposals to contain reference to preference, La. Rev. Stat. Ann. §38:2252. Requests for bids and proposals must contain following language: "Preference is hereby given to materials, supplies and provisions, produced, manufactured or grown in Louisiana, quality being equal to articles offered by competitors outside of the state."

Retail: Preference for items purchased from Louisiana retailers, La. Rev. Stat. Ann. §39:1595.5. When purchasing items at retail, purchase shall be from retail dealer located in Louisiana as long as equal in quality and cost does not exceed by more than 10% cost of items from retail dealer located outside state.

Rodeos and Livestock Shows: Preference in awarding contracts for certain services, La. Rev. Stat. Ann. §39:1595.3. For services to organize or administer rodeos and livestock shows, where state-owned facilities used to house or contain such activities, preference given in-state vendors if services equal in quality and does not exceed cost by more than 10% services available from outside state.

Small Purchase Procedures: Governor Kathleen Babineaux Blanco, Louisiana Executive Order No. KBB 2004-30 (Aug. 20, 2004). Pursuant to La. Rev. Stat. Ann. §39:1596 authorizing the governor to establish procedures for procurement of small purchases, Louisiana businesses should be utilized to the greatest extent possible when soliciting prices.

Source Selection: Preference for all types of products produced, manufactured, assembled, grown, or harvested in Louisiana, La. Rev. Stat. Ann. §39:1595. Preferences only apply to bidders whose Louisiana business workforce is comprised of a minimum of 50% of Louisiana residents.

Subsection (B) - For purchases of agricultural or forestry products, including meat, seafood, produce, eggs, paper or paper products, preference given as long as product meets Louisiana product criteria; product is equal to or better in quality; and cost does not exceed by more than 10% the cost of other products.

Subsection (D) - For purchases of meat and meat products which are further processed in Louisiana under the grading and certification service of the Louisiana Department of Agriculture and Forestry, preference given if equal in quality to other meat and meat products and cost does not exceed by more than 7% cost of other products.

Subsection (E) - For purchases of domesticated or wild catfish which are processed in Louisiana but grown outside Louisiana, preference given if equal in quality and cost does not exceed by more than 7% cost of catfish processed outside Louisiana.

Subsection (F) - For purchases of produce processed in Louisiana but grown outside Louisiana, preference given if equal in quality and cost does not exceed by more than 7% cost of produce processed outside Louisiana.

Subsection (G) - For purchases of eggs or crawfish which are further processed in Louisiana under the grading service of the Louisiana Department of Agriculture and Forestry, preference given if equal in quality and cost does not exceed by more than 7% cost of other eggs or crawfish.

Subsection (H) - Except as otherwise provided in this Section, for purchases of materials, supplies, products, provisions, or equipment which are manufactured, or assembled in Louisiana, preference given if equal in quality; cost of such items does not exceed cost by more than 10% of the cost of other items manufactured, processed, produced, or assembled outside the state; and vendor agrees to sale price equal to lowest bid offered.

Preferences do not apply to Louisiana products whose source is a clay which is mined or originates in Louisiana, and which is manufactured, processed or refined in Louisiana for sale as an expanded clay aggregate form different than its original state; do not affect preferences applicable to brick manufacturers; and do not apply to treated wood poles and piling.

LOUISIANA RECIPROCAL PREFERENCE

Public Works: Preference in letting contracts for public work, La. Rev. Stat. Ann. §38:2225. Application of reciprocal preference for contractors bidding on public work.

Source Selection: Preference in awarding contracts, La. Rev. Stat. Ann. §39:1595.1. Application of reciprocal preference for contract by any public entity. Does not apply to contracts for construction, maintenance, or repair of highways and streets.

Source Selection: Preference in letting contracts for public work, La. Rev. Stat. Ann. §39:1595.2. Application of reciprocal preference.

Transportation Department: Preference in letting contracts for public works, La. Rev. Stat. Ann. §48:255.6. Application of reciprocal preference for projects of Department of Transportation and Development.

MAINE

MAINE RESIDENT BIDDER PREFERENCE

Labor: Local residents preferred; exception, Me. Rev. Stat. Ann. Tit. 26, §1301. Preference to workmen and bidders who are residents of Maine for contracts for constructing, altering, repairing, furnishing or equipping buildings or public works.

Purchasing: Bids, awards and contracts, Me. Rev. Stat. Ann. Tit. 5, §1825-B(8). Tie bid awarded to in-state bidders.

MAINE RECIPROCAL PREFERENCE

Purchasing: Bids, awards and contracts, Me. Rev. Stat. Ann. Tit. 5, §1825-B(9). Application or reciprocal preference.

MARYLAND

MARYLAND RESIDENT BIDDER PREFERENCE

Procurement: Resident bidders; resident offerors, Md. Code Ann., State Fin. & Proc. §14-401. Application of preference to resident bidders, offerors including preference application similar to reciprocity.

MARYLAND RECIPROCAL PREFERENCE

Local Subdivisions: Definitions, Md. Code Ann. art. 24, §8-102. Application of reciprocal preference to Maryland business entity.

Procurement: Reciprocal Preferences, Md. Code Regs. 21.05.01.04. Conditions and application for giving preference to resident business.

MICHIGAN

MICHIGAN RESIDENT BIDDER PREFERENCE

Counties: County purchasing, Mich. Comp. Laws §45.85. Other things being equal, supplies offered by bidders with established local business in county have preference.

Purchasing: Purchases of supplies, Mich. Comp. Laws §18.1261. All other things being equal, preference given to products manufactured or services offered by Michigan-based firms.

MICHIGAN RECIPROCAL PREFERENCE

Purchasing: Bidders for state contracts; preference, Mich. Comp. Laws §18.1268. Application of reciprocal preference.

MINNESOTA

MINNESOTA RESIDENT BIDDER PREFERENCE

Building and Construction: Contracts; award, Minn. Stat. Ann. §16C.28. For construction contracts preferences for small businesses and reciprocal preference apply but not cumulative.

Small Business: Preference procurements from economically disadvantaged small businesses, Minn. R. 1230.1830. For commodities and services, small business awarded up to 6% preference. For Construction projects, small business awarded up to 4% preference.

State Contracts: Tied Bids, Minn. R. 1230.0900. Preference given to Minnesota firm.

Procurement: Designation of procurements from small businesses, Minn. Stat. Ann. §16C.16. For specified goods or services, may award up to 6% preference to small targeted group businesses. For construction contracts, may award up to 4% preference to small businesses located in economically disadvantaged area.

MINNESOTA RECIPROCAL PREFERENCE

Building and Construction: Contracts; award, Minn. Stat. Ann. §16C.28. For construction contracts preferences for small businesses and reciprocal preference apply but not cumulative.

Procurement: Acquisitions, Minn. Stat. Ann. §16C.06. Application of reciprocal preference.

MISSISSIPPI

MISSISSIPPI RESIDENT BIDDER PREFERENCE

Motor Vehicle: Certain motor vehicle purchases, Miss. Code Ann. §31-7-18. Authorization to accept the lowest bid received from motor vehicle dealer domiciled within county of governing authority for certain motor vehicles and price not greater than 3% of price or cost dealer pays manufacturer.

Printing, Stationery and Office Supplies: Definiteness of bids and contracts, Miss. Code Ann. §19-13-111. Where bids equal in all respects, preference given to citizens of Mississippi.

MISSISSIPPI RECIPROCAL PREFERENCE

Contractors: Resident contractor preference, Miss. Code Ann. §31-7-47. Application of reciprocal preference in letting of public contracts.

Engineers and Land Surveyors: Supervision of public works by engineer, Miss. Code Ann. §73-13-45. Application of reciprocal preference for public contracts for professional engineering services.

Public Contracts: Bidding process and requirements, Miss. Code Ann. §31-3-21. Application of reciprocal preference in letting of public contracts.

MISSOURI

MISSOURI RESIDENT BIDDER PREFERENCE

Counties: Preference in bids (second class counties), Mo. Ann. Stat. §50.780. Preference to merchants and dealers within the county may be given by county commissioners, provided the price is not above that offered elsewhere.

Higher Education: Preference for Missouri products, Mo. Code Regs. Ann. Tit. 6, §250-3.020(1)(D). University of Missouri-Preference given to Missouri firms, corporations or individuals.

State Purchases: Preference to Missouri products and firms, Mo. Ann. Stat. §34.070. Preference given to Missouri firms, corporations or individuals, when quality is equal or better and delivered price is same or less. Preference also given whenever competing bids, in their entirety, are comparable.

State Purchases: Missouri businesses, performance of jobs or services, preference, when, Mo. Ann. Stat. §34.073. In letting contracts for performance of job or service, preference given to Missouri firms, corporations, or individuals, or entities that maintain Missouri offices or places of business, when quality is equal or better and price is same or less. Preference also given whenever competing bids, in their entirety, are comparable.

MISSOURI RECIPROCAL PREFERENCE

State Purchases: Missouri contractors, public works, preference, when, exceptions, Mo. Ann. Stat. §34.076. Application or reciprocal preference for contract for public works or product.

MONTANA

MONTANA RECIPROCAL PREFERENCE

Public Contracts: State contracts to lowest bidder-reciprocity, Mont. Code Ann. §18-1-102. Application of reciprocal preference for purchase of goods and for construction, repair, and public works of all kinds.

State Printing: Printing, binding, and stationery work, Mont. Code Ann. §18-7-107. Application of reciprocal preference for all printing, binding, and stationery work for the state of Montana.

State Procurement: Reciprocal preference, Mont. Admin. R. 2.5.408. Application of reciprocal preference for bids; application of reciprocal preference for invitation for bids for supplies, printing, and nonconstruction services for public works.

NEBRASKA

NEBRASKA RESIDENT BIDDER PREFERENCE

Awards: Tie bids and preference, 9 Neb. Admin. Code §4-003. Nebraska vendors given preference in tie bids.

Blind and Visually Impaired, Commission for: In-state providers, 192 Neb. Admin. Code §1-005.05. Preference given to Nebraska service providers and businesses; restrictions on out-of-state vendors.

Business Assistance Division: Contracts, Neb. Rev. Stat. §81-1276. Division to give preference to entities based in or operating in Nebraska.

Nebraska Arts Council: Artists; how chosen, Neb. Rev. Stat. §82-323. Council shall give preference to regional artists.

NEBRASKA RECIPROCAL PREFERENCE

Awards: Tie bids and preference, 9 Neb. Admin. Code §4-003. Application of reciprocal preference.

Public Lettings: Resident bidder, defined; preference, Neb. Rev. Stat. §73-101.01. Application of reciprocal preference.

NEVADA

NEVADA RECIPROCAL PREFERENCE

State Purchasing: Inverse preference imposed on certain bidders resident outside State of Nevada, Nev. Rev. Stat. Ann. §333.336. Shall impose reciprocal preference to nonresident bidders.

NEW JERSEY

NEW JERSEY RECIPROCAL PREFERENCE

Public Works and Printing: Bidder with principal place of business in another state with laws or regulations causing disadvantage in another state, N.J. Stat. Ann. §52:32-1.4. Application of reciprocal preference.

Vendors: Preference laws; out-of-state vendors, N.J. Admin. Code §17:12-2.13. Application of reciprocal preference.

NEW MEXICO

NEW MEXICO RESIDENT BIDDER PREFERENCE

New York Exemption: Equal procurement access for New York businesses, N.M. Stat. §13-1-21.2. New York state business enterprises treated as New Mexico resident businesses or resident manufactures for all procurement purposes.

Procurement: Application of preferences, N.M. Stat. §13-1-21. Application of 5% preference for bids from resident businesses and resident manufacturers; application of 10% preference for resident businesses and resident manufacturers; section does not apply to purchase of buses.

Procurement: Statutory preferences, N.M. Code R. §1.4.1.25. Statutory preferences applied in determining low bidder-preferences for resident businesses, resident manufacturers, New York state business enterprises, and resident construction contractors.

Professional Services: Architects; engineer; landscape architects; surveyor; selection process, N.M. Stat. §13-1-120. Selection committee may consider amount of design work that will be produced by a New Mexico Business within this state and proximity to or familiarity with the area in which the project is located.

Public Works: Contracts, N.M. Stat. §13-4-1. Award all contracts for construction of public works or for repair, reconstruction, including highway reconstruction, demolition or alteration thereof, to resident contractor whenever practicable.

Public Works: Resident contractor defined; application of preference, N.M. Stat. §13-4-2. Application of 5% preference for resident contractor.

Residency: Resident business and manufacturer certification, N.M. Stat. §13-1-22. Resident business or manufacturer must qualify with state purchasing agent to receive preferences.

Telecommunications: Relay system enabling impaired individuals to communicate, N.M. State §63-9F-6. Application of 5% preference for resident.

NEW YORK

NEW YORK SANCTIONS ON NONRESIDENT BIDDERS

State Purchasing: Purchasing restrictions-Special provisions relating to retaliating against other jurisdictions which discriminate against New York State enterprises in their procurement of products and services, N.Y. State Fin. Law §165(6).

a. As used in this subdivision, the following terms shall have the following meanings unless a different meaning appears from the context:

(i) "Discriminatory jurisdiction" shall mean any other country, nation, province, state or political subdivision thereof which employs a preference or price distorting mechanism to the detriment of or otherwise discriminates against a New York state business enterprise in the procurement of commodities and services by the same or a non-governmental entity influenced by the same. Such discrimination may include, but is not limited to, any law, regulation, procedure or practice, terms of license, authorization, or funding or bidding rights which requires or encourages any agency or instrumentality of the state or political subdivision thereof or nongovernmental entity influenced by the same to discriminate against a New York state business enterprise.

(ii) "Foreign business enterprise" shall mean a business enterprise, including a sole proprietorship, partnership, or corporation, which offers for sale, lease or other form of exchange, commodities sought by any state agency and which are substantially produced outside New York state or services, other than construction services, sought by any state agency and which are substantially performed outside New York state. For purposes of construction services, foreign business enterprise shall mean a business enterprise, including a sole proprietorship, partnership or corporation, which has its principal place of business outside New York state.

(iii) "New York state business enterprise" shall mean a business enterprise, including a sole proprietorship, partnership, or corporation, which offers for sale or lease or other form of exchange, commodities which are substantially manufactured, produced or assembled in New York state, or services, other than construction services, which are substantially performed within New York state. For purposes of construction services, a New York state business enterprise shall mean a business enterprise, including a sole proprietorship, partnership, or corporation, which has its principal place of business in New York state.

b. The commissioner of economic development shall have the power and it shall be his or her duty to prepare a list of all discriminatory jurisdictions. The commissioner of economic development shall add to or delete from said list any jurisdiction upon good cause shown. The commissioner of economic development shall deliver a copy of the list to the commissioner, all state agencies, and every public authority and public benefit corporation, a majority of the members of which consist of persons either appointed by the governor or who serve as members by virtue of holding a civil office of the state, or a combination thereof.

c. In including any additional business enterprises on solicitations for the procurement of commodities or services, the commissioner and all state agencies shall not include any foreign business enterprise which has its principal place of business located in a discriminatory jurisdiction contained on the list prepared by the commissioner of economic development pursuant to paragraph b of this subdivision, except, however, business enterprises which are New York state business enterprises as defined by this subdivision.

d. A state agency shall not enter into a contract with a foreign business enterprise, as defined by this subdivision, which has its principal place of business located in a discriminatory jurisdiction contained on the list prepared by the commissioner of economic development pursuant to paragraph b of this subdivision. The provisions of this paragraph and paragraph c of this subdivision may be waived by the head of the state agency if the head of the state agency determines in writing that it is in the best interests of the state to do so. The head of the state agency shall deliver each such waiver to the commissioner of economic development.

e. The commissioner may waive the application of the provisions of paragraph c of this subdivision whenever he or she determines in writing that it is in the best interests of the state to do so.

New York State Office of General Services Procurement Services Group, Appendix A, Standard Clauses for New York State Contracts, Clause 21. Reciprocity and Sanctions Provisions (June, 2006).

Bidders are hereby notified that if their principal place of business is located in a country, nation, province, state or political subdivision that penalizes New York State vendors, and if the goods or services they offer will be substantially produced or performed outside New York State, the Omnibus Procurement Act 1994 and 2000 amendments (Chapter 684 and Chapter 383, respectively) require that they be denied contracts which they would otherwise obtain. NOTE: As of May 15, 2002, the list of discriminatory jurisdictions subject to this provision includes the states of South Carolina, Alaska, West Virginia, Wyoming, Louisiana and Hawaii. Contact NYS Department of Economic Development for a current list of jurisdictions subject to this provision.

NORTH CAROLINA

North Carolina Resident Bidder Preference

Purchases and Contracts: Preference given to North Carolina products and citizens, N.C. Gen. Stat. Ann. §143-59(a). Preference given as far as practicable to products or services furnished by or through citizens of North Carolina.

North Carolina Reciprocal Preference

Purchases and Contracts: Reciprocal preferences, N.C. Gen. Stat. Ann. §143-59(B). Application of reciprocal preference for contracts valued over $25,000.

NORTH DAKOTA

NORTH DAKOTA RECIPROCAL PREFERENCE

Atmospheric Resource Board: Award of contracts, N.D. Admin. Code 89-07-02-26. In awarding any contract, if all other factors are equal, reciprocal preference given to North Dakota Bidders.

Evaluating Bids: application of preference for North Dakota vendors, N.D. Admin. Code 4-12-11-02. Application of reciprocal preference.

Procurement: Preference to North Dakota bidders, sellers, and contractors, N.D. Cent. Code § 44-08-01. Application of reciprocal preference in purchasing any goods, merchandise, supplies, or equipment of any kind; or contracting to build or repair any building, structure, road, or other real property; or when accepting bids for the provision of professional services, including research and consulting services.

OHIO

OHIO RESIDENT BIDDER PREFERENCE

Contract Bidding: preference for U.S. and Ohio Products; bordering states, Ohio Rev. Code Ann. §125.09. Preference for Ohio products-bidders with a significant Ohio economic presence qualify for award on same basis as if products were produced in Ohio. Vendors from border states who do not impose greater restrictions on Ohio bidders are treated as Ohio bidders. Non-Ohio business restricted from bidding on printing contracts if home state excludes Ohio businesses from bidding on state printing contracts.

Printing: Printing to be done within state; exception for special paper, Ohio Rev. Cde Ann. §125.56. All printing to be executed within Ohio except for printing contracts requiring special, security paper. Preference given to Ohio bidders in printing contracts requiring special, security paper as long as the price is not a price that exceeds by more than 5% the lowest price submitted on a non-Ohio bid.

Local Entities: Model system of preference, Ohio Admin. Code 123:5-1-11. Bidders with significant Ohio economic presence qualify for award of contract on same basis as products produced in Ohio. Preference to Ohio bids or bidders from border states, provided border state imposes no greater restrictions than contained in this rule.

Purchasing: Implementation of domestic Ohio bid preference, Ohio Admin. Code 125:5-1-06. Domestic Ohio Bid preference with respect to supply and service contracts, other than construction contracts. A preference is awarded to an "Ohio bid" as long as the price does not exceed by more than 5% the lowest price submitted on a non-Ohio bid.

Preference is awarded to Ohio bids or bidders who are located in a border state, provided that the border state does not impose a greater restriction than contained in the Ohio Revised Code, §125.09 and §125.11.

Preferences: Procedure for Application of preferences, Ohio Department of Administrative Services, General Services Division, Domestic & In-State Preferences, PUR-003 (rev. Nov. 1, 2006). List of preferences and order of application for specified bid situations.

OHIO RECIPROCAL PREFERENCE

Local Entities: Preference for public improvement contracts, Ohio Admin. Code 123:5-1-11(D). Preference to contractor having principal place of business in Ohio on a reciprocal basis.

Public Improvements: Preference to Ohio contractors, Ohio Rev. Code Ann. §153.012. Application of reciprocal preference in favor of contractors who have their principal place of business in Ohio, for construction, public improvement, including highway improvement, contracts.

OKLAHOMA

OKLAHOMA RESIDENT BIDDER PREFERENCE

Hospitals: Contracts-Bids-Notice-Preference, Okla. Stat. Ann. tit. 19, §788(c). When quality and prices equal, preference given construction contractors domiciled, having and maintaining offices in and being citizen taxpayers of Oklahoma.

Public Works: Oklahoma labor and materials in construction or repair of state institutions, Okla. Stat. Ann. tit. 61, §9. All contracts that expend state funds for construction or repair of state institutions shall require employment of Oklahoma labor if available and quality equal and price no higher than out-of-state labor.

Public Works: Preference for Oklahoma labor and materials in certain construction, Okla. Stat. Ann. tit. 61, §10. Construction or repair of institutions require employment of Oklahoma labor if available and quality equal and price no higher than out-of-state labor.

OKLAHOMA RECIPROCAL PREFERENCE

Public Works: Preference to Oklahoma domiciled contractors, Okla. Stat. Ann. tit. 61, §14. Application of reciprocal preference for contractors.

Purchasing: Bidding preferences-Reciprocity, Okla. Stat. Ann. tit. 74, §85.17A. Application of reciprocal preference.

OREGON

OREGON RESIDENT BIDDER PREFERENCE

Contract Preferences: Preference for Oregon Supplies and Services; Tie-Offers, Or. Admin. R. 125-246-0300. Award identical offers for architectural, engineering or land surveying services, or related services to services produced in Oregon.

Department of Energy: Basic Policy, Or. Admin. R. 330-120-0005. In award between equally qualified bidders, preference given to residents of Oregon and resident businesses which have their home office or headquarters in Oregon.

Highway and Bridge Projects: Tie Offers, Or. Admin. R. 731-005-0660. If no federal funds involved, preference for Offeror whose principal offices or headquarters are located in Oregon.

OREGON RECIPROCAL PREFERENCE

Construction Services: Evaluation and Award, Or. Admin. R. 125-249-0390(6)(a). Application of reciprocal preference.

Construction Services Model Rules: Offer Evaluation and Award, Or. Admin. R. 137-049-0390(6)(a). Application of reciprocal preference.

Contract Preferences: Reciprocal Preferences, Or. Admin. R. 125-246-0310. Application of reciprocal preference.

Highway and Bridge Projects: Offer Evaluation and Award, Or. Admin. R. 731-005-0650(4). Application of reciprocal preference.

Public Contracting Model Rules: Reciprocal Preferences, Or. Admin. R. 137-046-0310. Application of reciprocal preference.

Public Contracting: Preference for Oregon goods and services; nonresident bidders, Or. Rev. Stat. Ann. §279A.120. Application of reciprocal preference.

PENNSYLVANIA

PENNSYLVANIA RESIDENT BIDDER PREFERENCE

Allentown: Bidding Process, 339 Pa. Code §11.8-815. Resident businesses of Allentown receive 5% local preference, but not to exceed $2,500 in awarding bids.

PENNSYLVANIA RECIPROCAL PREFERENCE

Procurement: Reciprocal limitations, 62 Pa. Cons. Stat. Ann. §107. Application of reciprocal preference for certain contracts for construction or supplies.

RHODE ISLAND

RHODE ISLAND RESIDENT BIDDER PREFERENCE

Public Works: Selection of professionals with place of business located in Rhode Island, R.I. Gen. Laws §37-2-59.1 Preference for Rhode Island architectural, engineering, and consulting firms.

SOUTH CAROLINA

SOUTH CAROLINA RESIDENT BIDDER PREFERENCE

Contracts: Competitive sealed bidding, S.C. Code Ann. §11-35-1520(9). In tie bid for contract of $25,000 or more, preference for South Carolina firms.

Highway Public Works: Allocation of state source highway funds for construction and renovation projects to firms owned and controlled by disadvantaged ethnic minorities or women, S.C. Code Ann. §12-28-2930(F). Preference given to South Carolina contractor if bid not more than 2.5% of out-of-state bid.

Source Selection: Resident vendor preference, S.C. Code Ann. §11-35-1524. Residents of South Carolina receive 7% preference. Residents of South Carolina bidding South Carolina products receive additional 3% preference.

SOUTH DAKOTA

SOUTH DAKOTA RESIDENT BIDDER PREFERENCE

Forestry: Preference to native trees and South Dakota dealers, S.D. Codified Laws §41-20-10. Preference to tree seeds from South Dakota dealers.

Milk: Awarding of contract to licensed processor, S.D. Codified Laws §5-19-1.2. Preference given to a person who operates a South Dakota grade A milk plant where milk and milk products are collected, handled, processed, stored, pasteurized, and packaged if his bid is equal to, or within 5% or less, of any other bidder.

Motor Vehicles: Commodities purchased or leased by bureau-vehicles from licensed dealers, S.D. Codified Laws §5-23-2. Purchase, leasing, hiring, or leasing-purchase of motor vehicles shall only be from authorized dealers licensed by the State of South Dakota.

Purchases and Printing: Award where identical low bids submitted, S.D. Codified Laws §5-23-12.2. Tie breaking preference given to South Dakota businesses or manufacturers.

Purchases and Printing: Preference to resident bidders, S.D. Codified Laws §5-23-13. Preference in tie bids to any person, firm, or corporation who has his or its principal place of business in the State of South.

SOUTH DAKOTA RECIPROCAL PREFERENCE

Public Property: Residential preference in contracts for public works, S.D. Codified Laws §5-19-3. Application of reciprocal preference.

Purchases and Printing: Preference for resident bidders, S.D. Codified Laws §5-23-21.2. Application of reciprocal preference.

TENNESSEE

TENNESSEE RESIDENT BIDDER PREFERENCE

Meat Products: Tennessee meat producers; purchasing preference, Tenn. Code Ann. §12-3-809. Preference given to producers located within Tennessee as long as terms, conditions and quality are equal.

Meat Products Purchased by Public Education Institutions: Purchasing preference, Tenn. Code Ann. §12-3-810. Preference given to producers located within Tennessee as long as terms, conditions and quality are equal.

Procurement: Award-tie bids, Tenn. Comp. R. & Regs. 0690-3-1-.08(5). In case of tie bid, first preference given to in-state business.

Public Contracts: Purchasing goods and procuring services; preference for Tennessee products, Tenn. Code Ann. §12-4-121. Preference given to Tennessee bidders if cost and quality are equal for purchases of goods, including agricultural products. Preference given to Tennessee bidders for procuring services if services meet state requirements, quality and cost.

TENNESSEE RECIPROCAL PREFERENCE

Public Contracts: Reciprocal preferences, Tenn. Code Ann. §12-4-802. Application of reciprocal preference for contractors bidding on public construction projects.

TEXAS

TEXAS RESIDENT BIDDER PREFERENCE

Lottery Commission: Lottery procurement procedures, 16 Tex. Admin. Code §401.101(e). In purchase or lease of services, preference given to Texas resident bidder or proposer if cost and quality equal.

Lottery Commission: Preference for Texas Businesses, Tex. Gov't Code §466.106. In contracts for lottery equipment, supplies, services, and advertising, preference given to services or advertising offered by bidders from Texas if cost and quality equal.

Procurement: Preferences, 1 Tex. Admin. Code §113.8. Texas bidders given preference when cost and quality of goods or services equal. Texas agricultural products offered by Texas bidder given preference if cost and quality is equal. Services offered by Texas bidder given preference if meet state requirements, quality is equal, and cost does not exceed nonresident bid of equal quality. (Nonmission-related procurements made by Texas National Research Laboratory Commission follow this rule, 1 Tex. Admin. Code §303.1.)

Procurement: Preference to Texas services, Tex. Gov't Code §2155.444. For goods, preference given to Texas Bidders if cost and quality are equal. For agricultural products, second preference given to Texas Bidders if cost and quality equal.

Professional and Consulting Services: Selection of consultant, Tex. Gov't Code §2254.027. If other considerations equal, preference given to consultant whose principal place of business is in Texas or who will manage the contract wholly from an office in Texas.

Travel Services: Contracts with providers of travel services, Tex. Gov't Code §2171.052. Contracts with travel agents, preference given to resident entities of Texas.

TEXAS RECIPROCAL PREFERENCE

Lottery Commission: Lottery procurement procedures, 16 Tex. Admin. Code §401.101(c)(2), (d)(4). Application of reciprocal preference in informal competitive solicitations and formal competitive solicitations.

Procurement: Award of contract to nonresident bidder, Tex. Gov't Code §2252.002. Application of reciprocal preference for all governmental entities and governmental contracts.

Procurement: Preferences, 1 Tex. Admin. Code §113.8. Application of reciprocal preference for nonresident bidder (nonmission-related procurements made by Texas National Research Laboratory Commission follow this rule, 1 Tex. Admin. Code §303.1).

UNITED STATES VIRGIN ISLANDS

UNITED STATES VIRGIN ISLANDS RESIDENT BIDDER PREFERENCE

Procurement and Sale: Preferred bidders, V.I. Code Ann. tit. 31, §236a. Preference for construction services, supplies, materials, equipment, and contractual or consulting services from "preferred bidder" where the total cost not more than 15% higher.

UTAH

UTAH RESIDENT BIDDER PREFERENCE

Procurement: Tie bids, Utah Admin. Code r. 33-3-113. Procedures which may be used to discourage tie bids include award to Utah resident bidder.

Vending Stands: Issuance of licenses-preference to blind persons, Utah Code Ann. §55-5-3. Preference to blind persons who are in need of employment and who have resided for at least one year in Utah.

UTAH RECIPROCAL PREFERENCE

Construction Contracts: Preference for resident contractors, Utah Code Ann. §63-56-405. Application of reciprocal preference.

VERMONT

VERMONT RESIDENT BIDDER PREFERENCE

Insurance: Preference to Vermont companies, agents, Vt. Stat. Ann. Tit. 29, §1402. Preference given to Vermont-domiciled companies and independent agents licensed in and resident in Vermont.

VIRGINIA

VIRGINIA RESIDENT BIDDER PREFERENCE

Local Government Procurement: Preference for local products and firms, Va. Code Ann. §2.2-4328. In case of tie bid, preference to goods, services and construction provided by persons, firms or corporations having principal places of business in locality.

Procurement: Preference for Virginia products and firms, 11 Va. Admin. Code §5-20-430(A). In case of tie bid, preference given to goods, services and construction provided by Virginia persons, firms or corporations.

Procurement: Preference for Virginia products with recycled content and for Virginia firms, Va. Code Ann. §2.2-4324(A). In case of tie bid, preference given to goods or services or construction provided by Virginia persons, firms or corporations.

VIRGINIA RECIPROCAL PREFERENCE

Procurement: Preference for Virginia products and firms, 11 Va. Admin. Code §5-20-430(B). Application of reciprocal preference.

Procurement: Preference for Virginia products with recycled content and for Virginia firms, Va. Code Ann. §2.2-4324(B). Application of reciprocal preference. If lowest bidder is resident contractor of state with an absolute preference, bid is not considered.

WASHINGTON

WASHINGTON RESIDENT BIDDER PREFERENCE

Procurement: Preferential purchase, Wash. Rev. Code Ann. §43.19.1911(7). In determining the lowest responsible bidder, the agency shall consider any preferences provided by law to Washington vendors and to §43.19.704 providing reciprocal preferences.

WASHINGTON RECIPROCAL PREFERENCE

Procurement: In-state preference bids, Wash. Admin. Code 236-48-085. Application of reciprocal preference.

Procurement: In-state preference clauses, Wash. Rev. Code Ann. §43.19.700. Requiring application of reciprocal preference.

Procurement: Rules for reciprocity in bidding, Wash. Rev. Code Ann. §43.19.704. Requiring adoption of rules concerning application of reciprocity.

WEST VIRGINIA

WEST VIRGINIA RESIDENT BIDDER PREFERENCE

Higher Education: Purchase or acquisition of materials, supplies, equipment, services and printing, W. Va. Code Ann. §18B-5-4(g). Resident vendor preferences as provided in W. Va. Code Ann. §5A-3-37 apply to competitive bids made pursuant to this section.

Local Educational Agencies: Resident Vendor Preference, W. Va. Code R. §126-202, Purchasing Policies & Procedures Manual for Local Educational Agencies, 17.

17.1. Preference for resident vendors in accordance with W. Va. Code Ann. §5A-3-37.

17.3. Local Educational Agencies (LEAs) may establish by local board policy procedures for granting preference to resident vendors for purchase of commodities and printing. Vendor preference cannot exceed 5% of lowest bid.

Preferences: Commodities and printing, W. Va. Code R. §110-12C-4.

4.1. 2.5% preference for resident vendor who has resided in West Virginia continuously for 4 years immediately preceding date of bid; 2.5% preference for partnership, association or corporation resident vendor which has maintained its headquarters or principal place of business within West Virginia continuously for 4 years immediately preceding bid.

4.3. 5% preference for vendor satisfying subsection 4.1, above, and certifying that on average at least 60% of the bidder's employees have been residents of West Virginia continuously for 2 years immediately preceding submission of bid.

Preferences: Construction Services, W.Va. Code R. §110-12C-3.

3.1. 2.5% preference for resident vendor who has resided in West Virginia continuously for 4 years immediately preceding date of bid; 2.5% preference for partnership, association or corporation resident vendor which has maintained its headquarters or principal place of business within West Virginia continuously for 4 years immediately preceding bid.

3.3. 5% preference for vendor satisfying subsection 3.1, above, and certifying that on average at least 60% of the employees working on project have been residents of West Virginia continuously for 2 years immediately preceding submission of bid.

Purchasing: Awards-vendor preference, W. Va. Code R. §148-1-6(6.4.4). Purchases of commodities and printing, with exception of construction services, subject to resident vendor preference in accordance with the rules promulgated by the Secretary of the Department of Tax and Revenue.

Purchasing: Preference for resident vendors, W. Va. Code Ann. §5A-3-37. For purchase of commodities or printing:

(1) 2.5% preference for resident vendor who has resided in West Virginia continuously for 4 years immediately preceding bid; 2.5% preference for partnership, association or corporation resident vendor which has maintained its headquarters or principal place of business within West Virginia continuously for 4 years immediately preceding bid; 2.5% preference for corporation nonresident vendor which has an affiliate or subsidiary which employs a minimum of 100 state residents and which has maintained its headquarters or principal place of business within West Virginia continuously for 4 years immediately preceding the date of bid.

(2) 2.5% preference for resident vendor if on average at least 75% of employees working on project are residents of West Virginia who have resided in state continuously for 2 years immediately preceding bid.

(3) 2.5% preference for nonresident vendor which has an affiliate or subsidiary which maintains its headquarters or principle place of business within West Virginia and which employs a minimum of 100 state residents if on average at least 75% of employees working on project are residents of West Virginia who have resided in state continuously for 2 years immediately preceding bid.

(4) 5% preference for vendor meeting requirements of subsections (1) and (2) or (1) and (3).

(5) 3.5% preference for resident vendor who is veteran and resided in West Virginia continuously for the 4 years immediately preceding date of bid.

(6) 3.5% preference for resident vendor who is veteran if on average at least 75% of employees working on project are residents of West Virginia who have resided in state continuously for 2 years immediately preceding bid.

WEST VIRGINIA RECIPROCAL PREFERENCE

Purchasing: Awards-vendor preference, W. Va. Code R. §148-1-6(6.4.4). Application of reciprocal preference for purchases of commodities and printing made upon competitive bid.

Purchasing: Preference for resident vendors; reciprocal preference, W. Va. Code Ann. §5A-3-37a. Application of reciprocal preference for purchase of commodities or printing.

WISCONSIN

WISCONSIN RESIDENT BIDDER PREFERENCE

Art: Fine arts in state buildings, Wis. Stat. Ann. §44.57. Preference given to artists who are residents of Wisconsin.

Art Program: Application, Wis. Admin. Code AB §4.05. Preference given to Wisconsin artists.

Bidding: Basis for awards as a result of bidding, Wis. Admin. Code Adm §8.03(4). In case of tie bids, award shall be made to Wisconsin suppliers, in preference to out-of-state suppliers.

WISCONSIN RECIPROCAL PREFERENCE

Engineering: Construction project contracts, Wis. Stat. Ann. §16.855. Application of reciprocal preference.

Purchasing: Buy on low bid, exceptions, Wis. Stat. Ann. §16.75. Application of reciprocal preference.

WYOMING

WYOMING RESIDENT BIDDER PREFERENCE

Art: Role of the committee, Wyo. Code R. ch. 1, §4. Preference to Wyoming artists.

Art in Public Building: Department of commerce to acquire works of art, Wyo. Stat. Ann. §16-6-803. Preference to Wyoming artists.

Preferences: Printing preference, Wyo. Code R. ch. 6, §2. Preference to resident if bid is not more than 10% higher than lowest nonresident bid.

Public Printing: Preference for resident bidders, Wyo. Stat. Ann. §16-6-301. Preference for resident if bid is not more than 10% higher than lowest nonresident bid.

Public Works: Resident contractors; preference limitation with reference to lowest bid or qualified response, Wyo. Stat. Ann. §16-6-102. Preference for resident if bid is not more than 5% higher than that of lowest nonresident bid.

Purchasing: Preferential policy, Wyo. Code R. ch. 14, §6. Preference for Wyoming contractors if bid is not more than 5% higher than lowest nonresident bid.

Reciprocity and Resident Bidder Preference Chart (.pdf)

TRD-200700385

Ingrid K. Hansen

General Counsel

Texas Building and Procurement Commission

Filed: February 9, 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 February 2, 2007, through February 8, 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 February 14, 2007. The public comment period for these projects will close at 5:00 p.m. on March 16, 2007.

FEDERAL AGENCY ACTIONS:

Applicant: Corpus Development, LP ; Location: The project is located in wetlands adjacent to Redfish Bay, at the intersection of Farm-to-Market Road (FM) 1069 and FM 2725, approximately 3 miles southeast of Ingleside, San Patricio County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Port Ingleside, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 678500; Northing: 3081000. Project Description: The applicant proposes to develop a full service marina which would be located on an approximate 572-acre site adjacent to Redfish Bay and near the intersection of the Gulf Intracoastal Waterway (GIWW) and the Corpus Christi Ship Channel. In addition to the full service marina with docks, launch ramps, dry stack storage, and a boat repair facility, the applicant also proposes to construct a restaurant, bar, hotel, and housing on the site. Approximately one million cubic yards of material would be hydraulically dredged/mechanically excavated to construct the 51-acre marina and two entrance channels. The dredged/excavated material would be placed in a confined disposal area on-site for use in on-site construction. The northern entrance channel would be 1,716 feet in length and the southern entrance channel would be 1,885 feet in length. The depths of the marina and entrance channels would slope from -6 feet mean low tide (MLT) at the basin to -8 feet MLT at the entrance channels' intersection with the GIWW. Various types of bulkhead structures would be installed in the marina area and articulated block or concrete rubble revetment would be installed along the length of the entrance channels. The overall width of the channels, including the shoreline protection, would be approximately 150 feet with an approximate bottom width of 100 feet. The marina area would include 312 floating slips with double-loading floating docks that would accommodate vessel lengths from 25 to 50 feet. An additional 31 dedicated slips for vessels 40 to 50 feet in length would be set up for a charter/events area of the marina. The dock layout in the marina would vary depending on the mix of slip sizes. Typical widths for the central walkways of the slip areas would vary between 8 to 12 feet while finger piers would be between 2 and 4 feet in width. The length of the boat slips and finger piers would vary between 25 to 50 feet, and the clear width of each slip would vary between 12 and 22 feet. Direct project impacts include the filling of 13 acres of wetlands as well as dredging/excavation through 38 acres of wetlands to create the marina and entrance channels. Wetland areas to be impacted by fill or excavation include sand flats, low marsh dominated by Spartina alterniflora and Avicennia germinans, and mid- and high marsh areas containing a variety of halophytes. CCC Project No.: 07-0102-F1; Type of Application: U.S.A.C.E. permit application #24308 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality under §401 of the Clean Water Act (33 U.S.C.A. §1344).

Applicant: Davis Petroleum Corporation ; Location: The project is located within Sabine Lake, State Tract (ST) 16, approximately 3 miles east by northeast of Port Arthur, in Jefferson County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: West of Greens Bayou, Texas-Louisiana. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 417161; Northing: 3310170. Project Description: The applicant proposes to drill ST 16 Well No. 1 and install, operate and maintain structures and equipment necessary for oil and gas drilling, production and transportation activities. Such activities include installation of typical marine barges and keyways, shell and gravel pads, production structures with attendant facilities, and flowlines. CCC Project No.: 07-0103-F1; Type of Application: U.S.A.C.E. permit application #24396 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: Davis Gulf Coast, Inc. ; Location: The project is located in San Antonio Bay, State Tracts (ST's) 125, 139, 140, 148, 147, and 146, in Calhoun County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Panther Point, Texas, Texas. All locations in approximate UTM Coordinates in NAD 27 (meters) are as follows: Access route begins at Zone 14; Easting: 725038.8; Northing: 3131353.2. Proposed ST 146 Well No. 1 Surface Location -Zone 14; Easting: 727113.3; Northing: 3126498.5. Project Description: The applicant proposes to mechanically dredge an access channel and basin to the proposed ST 146, Well No. 1 location. The applicant then proposes to install, operate and maintain structures and equipment necessary for oil and gas drilling and production, including a marine barge rig, a 70- by 70-foot production platform, 7- by 30-foot well protector, well pad and flowline. Specifically, the applicant proposes to mechanically dredge an access channel to minus 8 feet mean lower low water (MLLW). The access channel would measure approximately 17,250 feet long by 80 feet wide. A well basin would also be dredged to minus 8 feet MLLW and measure approximately 435 feet long by 260 feet wide. The access channel and well basin would result in the excavation of approximately 102,159 cubic yards of silt, sand and clay. The excavated material would be hauled in barges to a designated (temporary) upland dredge material placement area (DMPA). The material would be offloaded into dump trucks and placed in the DMPA for drying. After drying the material would be transported to the permanent upland placement area via dump truck. The access channel, basin and well would involve portions of ST 139, ST 140, ST 148, ST 147 and ST 146. After the access channel and well basin dredging are complete, the applicant proposes to install and maintain a marine barge rig to ST 146, Well No. 1 to install structures. The applicant would install a 6-inch diameter flowline pipeline approximately 150 feet in length, between Well No. 1 and the production platform. The proposed flowline would be jetted or trenched a minimum depth of 3 feet below the bay bottom and result in approximately 33 cubic yards of sand, silt and clay being displaced. The trench is expected to fill in naturally. Approximately 2,667 cubic yards of shell, crushed rock or washed gravel would be used as a base for the proposed drilling rig and production facility. CCC Project No.: 07-0107-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-33-RS 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-200700474

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: February 14, 2007

Comptroller of Public Accounts

Certification of the Average Taxable Price of Gas and Oil

The Comptroller of Public Accounts, administering agency for the collection of the Crude Oil Production Tax, has determined that the average taxable price of crude oil for reporting period January 2007, as required by Tax Code, §202.058, is $53.12 per barrel for the three-month period beginning on October 1, 2006, and ending December 31, 2006. Therefore, pursuant to Tax Code, §202.058, crude oil produced during the month of January 2007, from a qualified Low-Producing Oil Lease, is not eligible for exemption from the crude oil production tax imposed by Tax Code, Chapter 202.

The Comptroller of Public Accounts, administering agency for the collection of the Natural Gas Production Tax, has determined that the average taxable price of gas for reporting period January 2007, as required by Tax Code, §201.059, is $6.29 per mcf for the three-month period beginning on October 1, 2006, and ending December 31, 2006. Therefore, pursuant to Tax Code, §201.059, gas produced during the month of January 2007, from a qualified Low-Producing Well, is not eligible for exemption from the natural gas production tax imposed by Tax Code, Chapter 201.

Inquiries should be directed to Bryant K. Lomax, Manager, Tax Policy Division, P.O. Box 13528, Austin, Texas 78711-3528.

TRD-200700369

Martin Cherry

General Counsel

Comptroller of Public Accounts

Filed: February 9, 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 and §303.009, Texas Finance Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 02/19/07 - 02/25/07 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 02/19/07 - 02/25/07 is 18% for Commercial over $250,000.

1 Credit for personal, family or household use.

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

TRD-200700437

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: February 13, 2007

Credit Union Department

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 Kraft America Credit Union, Garland, Texas. The credit union is proposing to change its name to America's 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-200700476

Harold E. Feeney

Commissioner

Credit Union Department

Filed: February 14, 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 Texas Dow Employees Credit Union (#1), Lake Jackson, Texas to expand its field of membership. The proposal would permit persons who live, work, worship or attend school in and businesses and other legal entities located in zip code 78941 within Fayette County, Texas, to be eligible for membership in the credit union.

An application was received from Texas Dow Employees Credit Union (#2), Lake Jackson, Texas to expand its field of membership. The proposal would permit persons who live, work, worship or attend school in and businesses and other legal entities located in zip code 78956, 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-200700475

Harold E. Feeney

Commissioner

Credit Union Department

Filed: February 14, 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

Community Resource Credit Union, Baytown, Texas - See Texas Register issue dated May 26, 2006.

Firstmark Credit Union, San Antonio, Texas - See Texas Register issue dated November 24, 2006.

Metro Medical Credit Union, Dallas, Texas - See Texas Register issue dated November 24, 2006.

Sid Richardson Employees State Credit Union, Odessa, Texas - See Texas Register issue dated December 29, 2006.

Applications for a Merger or Consolidation - Approved

PIA MidAmerica Credit Union (Dallas) and Corner Stone Credit Union (Lancaster) - See Texas Register issue dated November 24, 2006.

TRD-200700477

Harold E. Feeney

Commissioner

Credit Union Department

Filed: February 14, 2007

Texas Education Agency

Request for Applications Concerning the 2007-2008 English Literacy and Civics Education Grant Program

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-07-101 from eligible applicants to provide literacy services and civic awareness to immigrant adults and limited English proficient adults in Texas. Eligible applicants include local educational agencies (LEAs); community-based organizations of demonstrated effectiveness; volunteer literacy organizations of demonstrated effectiveness; institutions of higher education; public or private nonprofit agencies; libraries; public housing authorities; nonprofit institutions that have the ability to provide literacy services to adults and families; or a consortium of eligible agencies, organizations, institutions, libraries, or authorities. For-profit entities are not eligible providers.

Description. The purpose of this program is to assist immigrants and other limited English proficient persons to effectively participate in the education, work, and civic opportunities of this country by assisting adults to become literate and obtain the knowledge and skills necessary for employment and self-sufficiency; assisting adults who are parents to obtain the educational skills necessary to become full partners in the educational development of their children; and assisting adults in the completion of a secondary school education.

Dates of Project. The English Literacy and Civics Education Program will be implemented during the 2007-2008 school year. Applicants should plan for a starting date of no earlier than July 1, 2007, and an ending date of no later than June 30, 2008.

Project Amount. Funding will be provided for approximately 43 projects. Each eligible organization can apply for only one project for a maximum of $102,000 for the 2007-2008 school year. An eligible organization can also participate as a sub-recipient of an eligible organization applying for this grant. This project is funded 100 percent from Adult Education federal funds.

Selection Criteria. Applications will be selected 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.

Requesting the Application. A complete copy of RFA #701-07-101 may be obtained by writing the Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tea.state.tx.us. Please refer to the RFA number and title in your request. Provide your name, complete mailing address, and phone number including area code. The announcement letter and complete RFA will also be posted on the TEA Grant Opportunities webpage at http://burleson.tea.state.tx.us/GrantOpportunities/forms. In the "Select Search Options" box, select the name of the program/RFA from the drop-down list. Scroll down to "Application and Support Information" to view and download all documents that pertain to this RFA.

Training Available on Texas Education Telecommunication Network (TETN). TEA is offering training via TETN (TETN Event #24561) on Thursday, March 1, 2007, from 1:00 p.m. to 4:00 p.m. This training will cover the English Literacy and Civics Education grant application and will provide the opportunity for questions and answers. As space is limited, individuals planning to attend the event must reserve seating with their regional education service center.

Further Information. For clarifying information about the RFA, contact Carlos Garza, Division of Discretionary Grants, Texas Education Agency, (512) 463-9269. In order to assure that no prospective applicant may obtain a competitive advantage because of acquisition of information unknown to other prospective applicants, any information that is different from or in addition to information provided in the RFA will be provided only in response to written inquiries. Copies of all such inquiries and the written answers thereto will be posted on the TEA website in the format of Frequently Asked Questions (FAQ) at http://burleson.tea.state.tx.us/GrantOpportunities/forms.

Deadline for Receipt of Applications. Applications must be certified and submitted through the eGrants online application system to the TEA by 5:00 p.m. (Central Time), Thursday, April 12, 2007, to be considered for funding.

TRD-200700481

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: February 14, 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 March 26, 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 March 26, 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: Air Liquide Large Industries U.S. LP; DOCKET NUMBER: 2006-1908-AIR-E; IDENTIFIER: Regulated Entity Reference Number (RN) RN100233998; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 Texas Administrative Code (TAC) §116.615(2) and §116.617(b)(1)(F), Air Permit Number 75225, and Texas Health and Safety Code (THSC), §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §101.201(a)(1)(B) and (b)(2)(H) and THSC, §382.085(b), by failing to report emissions events within 24 hours and include the total quantity of emissions released; PENALTY: $38,073; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77020-1486, (713) 767-3500.

(2) COMPANY: City of Aledo; DOCKET NUMBER: 2006-1594-MLM-E; IDENTIFIER: RN101283075 and RN101720738; LOCATION: Aledo, Parker County, Texas; TYPE OF FACILITY: public water supply and wastewater treatment; RULE VIOLATED: 30 TAC §290.46(f)(2), (m)(1)(B), and (n)(3), by failing to provide the public water system's operating records for review, by failing to annually inspect all pressure tanks, and by failing to maintain a copy of the well completion data on file; 30 TAC §290.41(c)(1)(F), by failing to obtain a sanitary control easement covering land; 30 TAC §290.44(h)(4), by failing to have the backflow prevention assembly tested upon installation; 30 TAC §290.45(b)(1)(D)(i), (iv), and (v), and THSC, §341.0315(c), by failing to provide two or more wells with a total capacity of 0.6 gallons per minute (gpm) per connection, by failing to provide an elevated storage capacity of 100 gallons per connection or a pressure tank capacity of 20 gallons per connection, and by failing to provide emergency power for a system that serves more than 250 connections and does not meet the elevated storage requirements; 30 TAC §290.121(a), by failing to maintain an up-to-date chemical and microbiological monitoring plan; 30 TAC §305.125(1), Texas Pollutant Discharge Elimination System (TPDES) Permit Number 10681-002, Final Effluent Limitations and Monitoring Requirements, Sludge Provisions, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations and by failing to submit the annual sludge report; PENALTY: $9,930; Supplemental Environmental Project (SEP) offset amount of $7,944 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Wastewater Treatment Assistance; ENFORCEMENT COORDINATOR: Anita Keese, (956) 425-6010; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: Asmaou B. Malone dba AM Cleaners; DOCKET NUMBER: 2006-1152-DCL-E; IDENTIFIER: RN103955282; LOCATION: Lancaster, Dallas County, Texas; TYPE OF FACILITY: dry cleaner drop station; RULE VIOLATED: 30 TAC §337.11(e) and THSC, §374.102, by failing to renew the facility's registration by completing and submitting the required registration; PENALTY: $889; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(4) COMPANY: ASA Management, Inc. dba ASA Brownsville; DOCKET NUMBER: 2006-2034-PST-E; IDENTIFIER: RN102373586; LOCATION: Brownsville, Cameron County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Jason Godeaux, (512) 239-2541; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(5) COMPANY: Benedum Gas Partners, LP and Upton Gas GP, Inc. dba Wilshire Treating Facility; DOCKET NUMBER: 2006-1632-AIR-E; IDENTIFIER: RN100211846; LOCATION: Upton County, Texas; TYPE OF FACILITY: compressor stations; RULE VIOLATED: 30 TAC §101.201(a) - (c) and THSC, §382.085(b), by failing to timely complete and submit accurate initial and/or final reports; and 30 TAC §116.110(a)(4) and THSC, §382.085(b), by failing to prevent unauthorized emissions from entering the atmosphere; PENALTY: $41,726; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(6) COMPANY: BK Services Inc. dba US 59 Fuel Mart; DOCKET NUMBER: 2006-1367-PST-E; IDENTIFIER: RN102356409; LOCATION: Rosenberg, Fort Bend County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; 30 TAC §334.49(c)(2)(C) and (c)(4) and the Code, §26.3475(d), by failing to inspect and test the impressed current and the cathodic protection system for operability and adequacy of protection; 30 TAC §334.50(b)(2)(A)(i)(III) and (d)(1)(B)(ii) and the Code, §26.3475(a) and (c)(1), by failing to test the line leak detectors and by failing to conduct reconciliation of detailed inventory control records; 30 TAC §334.10(b), by failing to maintain underground storage tank (UST) records and make them immediately available for inspection; and 30 TAC §115.242(3) and THSC, §382.085(b), by failing to maintain the Stage II vapor recovery system (VRS) in proper operating condition and free of defects; PENALTY: $7,315; ENFORCEMENT COORDINATOR: Deana Holland, (512) 239-2504; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(7) COMPANY: City of Buda and Guadalupe-Blanco River Authority; DOCKET NUMBER: 2006-1738-MWD-E; IDENTIFIER: RN101703288; LOCATION: Hays County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(1), (4), and (5), TPDES Permit Number WQ0011060001 Permit Conditions Number 2(g), and the Code, §26.121(a)(1), by failing to prevent the unauthorized discharge of untreated wastewater; PENALTY: $3,630; Supplemental Environmental Project (SEP) offset amount of $2,904 applied to The Hill Country Conservancy-Wentzel Tract Project; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(8) COMPANY: Chapel Hill Independent School District; DOCKET NUMBER: 2006-1956-MWD-E; IDENTIFIER: RN101521557; LOCATION: Titus County, Texas; TYPE OF FACILITY: wastewater system; RULE VIOLATED: 30 TAC §305.125(1) and (17), TPDES Permit Number 13821001, Interim Effluent Limitations and Monitoring Requirements Number 1 for Outfall 001A, Sludge Provisions, and the Code, §26.121(a), by failing to comply with the permitted effluent limits, by failing to submit the discharge monitoring report (DMR) for the monitoring period ending October 31, 2005, and the annual sludge report for the monitoring period of July 31, 2005, and by failing to submit the flow daily maximum data on the DMR; PENALTY: $9,240; Supplemental Environmental Project (SEP) offset amount of $7,392 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Wastewater Treatment Assistance; ENFORCEMENT COORDINATOR: Cari-Michel LaCaille, (512) 239-1387; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(9) COMPANY: City of Cockrell Hill; DOCKET NUMBER: 2006-1771-PWS-E; IDENTIFIER: RN101185320; LOCATION: Cockrell Hill, Dallas County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.44(h)(4) and THSC, §341.0315(c), by failing to have backflow prevention assemblies tested and certified; 30 TAC §290.121(a), by failing to develop and maintain an up-to-date chemical and microbiological monitoring plan; and 30 TAC §290.46(f)(3)(E)(iv), by failing to maintain documentation of customer service inspection reports; PENALTY: $2,203; Supplemental Environmental Project (SEP) offset amount of $1,762 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Abandoned Tire Clean-Up; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 490-3096; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(10) COMPANY: ConocoPhillips Company; DOCKET NUMBER: 2005-1212-AIR-E; IDENTIFIER: RN101619179; LOCATION: near Old Ocean, Brazoria County, Texas; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §101.201(a)(1), (a)(1)(B), and (c), and §101.211(a) and THSC, §382.085(b), by failing to report an emission event, by failing to submit initial notification within 24 hours after the discovery of an emissions event, and by failing to submit a final report within two weeks after the end of an emissions event; and 30 TAC §101.20(3) and §116.115(c), Air Permit Number 5682A/PSD-TX-103M2 Special Condition (SC) Number 1, and THSC, §382.085(b), by failing to control unauthorized emissions; PENALTY: $25,662; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(11) COMPANY: City of Coolidge; DOCKET NUMBER: 2006-1878-MWD-E; IDENTIFIER: RN101919025; LOCATION: Coolidge, Limestone County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.65 and the Code, §26.121(a)(1), by failing to submit an application to renew a wastewater permit and continuing to discharge without authorization; and 30 TAC §305.125(1), TPDES Permit Number 10496001 Final Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with TPDES Permit Number 10496001 daily average biochemical oxygen demand (BOD) permitted effluent; PENALTY: $9,680; ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(12) COMPANY: Cross-Cut Hardwoods, Inc.; DOCKET NUMBER: 2006-1780-AIR-E; IDENTIFIER: RN101953206; LOCATION: Alto, Cherokee County, Texas; TYPE OF FACILITY: sawmill; RULE VIOLATED: 30 TAC §116.770 and THSC, §382.085(b), by failing to apply for and obtain a new source review (NSR) permit; 30 TAC §111.201 and THSC, §382.085(b), by failing to prohibit the outdoor burning of materials; and 30 TAC §101.4 and THSC, §382.085(a) and (b), by failing to prevent a nuisance condition; PENALTY: $7,500; ENFORCEMENT COORDINATOR: Jason Kemp, (512) 239-5610; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(13) COMPANY: Dialville Oakland Water Supply Corporation; DOCKET NUMBER: 2006-1978-PWS-E; IDENTIFIER: RN101441285; LOCATION: Cherokee County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(D)(i) and (ii) and THSC, §341.0315(c), by failing to meet the minimum well capacity requirement of 0.6 gpm per connection and by failing to provide a total storage capacity of 200 gallons per connection; and 30 TAC §290.43(c)(8), by failing to maintain the storage tanks in strict accordance with current American Water Works Association Standards; PENALTY: $1,103; ENFORCEMENT COORDINATOR: Epifanio Villareal, (210) 490-3096; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(14) COMPANY: Thomas N. Thomas and Kyung A.E. Thomas dba East Lake Cleaners and dba East Gate Cleaners; DOCKET NUMBER: 2006-1451-DCL-E; IDENTIFIER: RN103992244 and RN103992251; LOCATION: Killeen, Bell County, Texas; TYPE OF FACILITY: dry cleaning drop stations; RULE VIOLATED: 30 TAC §337.11(e) and THSC, §374.102, by failing to renew the facilities' registration by completing and submitting the required registration form; PENALTY: $2,370; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(15) COMPANY: Eastman Chemical Company; DOCKET NUMBER: 2006-1923-AIR-E; IDENTIFIER: RN100219815; LOCATION: Longview, Harrison County, Texas; TYPE OF FACILITY: chemical plant; RULE VIOLATED: 30 TAC §101.201(a)(1) and (a)(2)(F) and §122.143(4), Federal Operating Permit (FOP) Numbers 1973 and 1979, Special Terms and Conditions 2F, and THSC, §382.085(b), by failing to properly notify the agency within 24 hours of the discovery of a reportable emissions event and by properly notifying the agency of all reportable pollutants in the initial notification of an emissions event; and 30 TAC §116.115(c) and §122.143(4), Air Permit Numbers 908 and 8539, Special Provision 1, Special Condition 1, FOP Numbers 1973 and 1978, Special Terms and Conditions 10, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $15,708; Supplemental Environmental Project (SEP) offset amount of $6,283 applied to Gregg County-Purchase of Alternative Fueled Equipment; ENFORCEMENT COORDINATOR: John Barry, (409) 898-3838; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(16) COMPANY: Juan Martin Villarreal dba El Chore Pit, Inc; DOCKET NUMBER: 2006-1747-MSW-E; IDENTIFIER: RN100842251; LOCATION: Mission, Hidalgo County, Texas; TYPE OF FACILITY: unauthorized municipal solid waste disposal site; RULE VIOLATED: 30 TAC §330.15(a), by failing to prevent the disposal of municipal solid waste (MSW); PENALTY: $6,500; ENFORCEMENT COORDINATOR: Sandy Van Cleave (512) 239-0667; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(17) COMPANY: Fas Mart Inc.; DOCKET NUMBER: 2006-1909-PST-E; IDENTIFIER: RN101784411; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $2,040; ENFORCEMENT COORDINATOR: Thomas Greimel, (512) 239-5690; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(18) COMPANY: Flex Tank Systems, LLC; DOCKET NUMBER: 2005-1791-AIR-E; IDENTIFIER: RN100542489; LOCATION: Channelview, Harris County, Texas; TYPE OF FACILITY: storage and terminal facility for petroleum products; RULE VIOLATED: 30 TAC §122.143(4) and §122.146(1), FOP Number 02390, Compliance Certification Terms and Conditions, and THSC, §382.085(b), by failing to submit annual compliance certification; PENALTY: $2,550; ENFORCEMENT COORDINATOR: Daniel Siringi, (409) 898-3838; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(19) COMPANY: George West ISD; DOCKET NUMBER: 2007-0163-PST-E; IDENTIFIER: RN101766160; LOCATION: George West, Live Oak County, Texas; TYPE OF FACILITY: school district with fuel tanks; RULE VIOLATED: 30 TAC §334.49(a)(1), by failing to provide corrosion protection; and 30 TAC §334.8(c)(5)(A)(i), by failing to possess a valid TCEQ delivery certificate prior to receiving fuel; PENALTY: $1,750; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(20) COMPANY: City of Goree; DOCKET NUMBER: 2005-0441-MWD-E; IDENTIFIER: RN102187150; LOCATION: Goree, Knox County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0010102001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with permitted effluent limits; PENALTY: $2,320; Supplemental Environmental Project (SEP) offset amount of $1,856 applied to Waste Collection Day; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(21) COMPANY: Haldor Topsoe, Inc.; DOCKET NUMBER: 2006-1841-AIR-E; IDENTIFIER: RN101211498; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: catalyst manufacturing plant; RULE VIOLATED: 30 TAC §106.6(b) and THSC, §382.085(b), by failing to seal two open-ended lines; 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), FOP O-01217, SC 12, NSR Permit Number 43752, SC 8, and THSC, §382.085(b), by failing to consistently maintain the pH level; and 30 TAC §122.143(4) and §122.145(2)(A) and FOP O-01217, General Terms and Conditions, and THSC, §382.085(b), by failing to include an emissions event in the semiannual deviation report; PENALTY: $8,816; Supplemental Environmental Project (SEP) offset amount of $3,526 applied to Harris County Public Health and Environmental Services - Pollution Control Division's Fourier Transform Infra Red (FTIR) Project; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(22) COMPANY: Dechard A. Hulcy; DOCKET NUMBER: 2006-2106-LII-E; IDENTIFIER: RN105348587; LOCATION: Richardson, Dallas County, Texas; TYPE OF FACILITY: lawn and sprinkler service; RULE VIOLATED: 30 TAC §344.70 and Texas Occupations Code §1903.251, by failing to comply with the City of Richardson's landscape irrigation inspection requirements, ordinances, or regulations designed to protect the public water supply; PENALTY: $200; ENFORCEMENT COORDINATOR: Libby Hogue, (512) 239-1165; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(23) COMPANY: Larry E. Hutton; DOCKET NUMBER: 2006-1955-LII-E; IDENTIFIER: RN105001903; LOCATION: Houston and League City; Harris and Galveston Counties, Texas; TYPE OF FACILITY: landscape business; RULE VIOLATED: 30 TAC §30.5(a) and (b) and §344.4, Texas Occupations Code §1903.251, and the Code, §37.003, by failing to possess a valid irrigator license; PENALTY: $625; ENFORCEMENT COORDINATOR: Libby Hogue, (512) 239-1165; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(24) COMPANY: Jong Oh dba J.C. Phillips; DOCKET NUMBER: 2006-1906-PST-E; IDENTIFIER: RN102369261; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $1,050; ENFORCEMENT COORDINATOR: Patricia Chawla, (512) 239-0739; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(25) COMPANY: Simon Stephen dba KK Food Store; DOCKET NUMBER: 2006-1651-PST-E; IDENTIFIER: RN101930873; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.49(a) and the Code, §26.3475(d), by failing to provide proper corrosion protection for the UST system; PENALTY: $2,250; ENFORCEMENT COORDINATOR: Jason Godeaux, (512) 239-2541; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(26) COMPANY: L B Foster Company; DOCKET NUMBER: 2007-0162-WQ-E; IDENTIFIER: RN102775780; LOCATION: Hillsboro, Hill County, Texas; TYPE OF FACILITY: concrete plant; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a multi-sector general permit; PENALTY: $875; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(27) COMPANY: Maverick County; DOCKET NUMBER: 2006-1812-MSW-E; IDENTIFIER: RN102459690; LOCATION: Eagle Pass, Maverick County, Texas; TYPE OF FACILITY: unauthorized disposal site; RULE VIOLATED: 30 TAC §330.15(c), by failing to dispose of MSW at an authorized facility; PENALTY: $2,040; ENFORCEMENT COORDINATOR: Alison Echlin, (512) 239-3308; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(28) COMPANY: Mercer Construction Company; DOCKET NUMBER: 2006-1848-WQ-E; IDENTIFIER: RN105061360; LOCATION: Surfside Beach, Brazoria County, Texas; TYPE OF FACILITY: drainage construction site installing vacuum sewer lines; 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; PENALTY: $1,800; ENFORCEMENT COORDINATOR: Ruben Soto, (512) 239-4571; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(29) COMPANY: Monarch Utilities I L.P.; DOCKET NUMBER: 2006-1935-MWD-E; IDENTIFIER: RN102286259; LOCATION: Trinity County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0013547001, Effluent Limitations and Monitoring Requirements Nos. 1 and 6, and the Code, §26.121(a), by failing to comply with permitted limits for total suspended solids and dissolved oxygen; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(30) COMPANY: City of Oglesby; DOCKET NUMBER: 2006-1836-MWD-E; IDENTIFIER: RN101918704; LOCATION: Oglesby, Coryell County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and (17), TPDES Permit Number 10914001, Effluent Limitations and Monitoring Requirements No. 1, Sludge Provisions, and the Code, §26.121(a), by failing to comply with permit effluent limitations and by failing to submit the annual sludge report; PENALTY: $13,350; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(31) COMPANY: City of Pflugerville; DOCKET NUMBER: 2006-2000-MWD-E; IDENTIFIER: RN100878602; LOCATION: Pflugerville, Travis County, Texas; TYPE OF FACILITY: water reclamation plant; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 13019001, Interim I Effluent Limitations and Monitoring Requirement Number 1, Monitoring and Reporting Requirements, and the Code, §26.121(a), by failing to comply with the permitted effluent limits and by failing to submit the DMR parameter data; PENALTY: $10,350; Supplemental Environmental Project (SEP) offset amount of $8,280 applied to Lower Colorado River Authority's Household Hazardous Waste and Reusable Materials Collection; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 7758-5336, (512) 339-2929.

(32) COMPANY: Polynesian, Inc. dba Image Cleaners; DOCKET NUMBER: 2006-1374-DCL-E; IDENTIFIER: RN100863091; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: dry cleaner; RULE VIOLATED: 30 TAC §337.11(e) and THSC, §374.102, by failing to renew the facility's registration by completing and submitting the required registration form; PENALTY: $1,185; ENFORCEMENT COORDINATOR: Thomas Greimel, (512) 239-5690; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(33) COMPANY: Port of Houston Authority; DOCKET NUMBER: 2007-0167-PST-E; IDENTIFIER: RN102049087; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: 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.

(34) COMPANY: Presidio ISD; DOCKET NUMBER: 2007-0164-PST-E; IDENTIFIER: RN101815017; LOCATION: Presidio, Presidio 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: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(35) COMPANY: Premier Golf Management Inc. dba Lakeridge Country Club; DOCKET NUMBER: 2007-0166-PST-E; IDENTIFIER: RN101728343; LOCATION: Lubbock, Lubbock County, Texas; TYPE OF FACILITY: country club 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: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(36) COMPANY: Protex - Care, L.P. dba Wall Street Cleaners and Saint James Cleaners; DOCKET NUMBER: 2006-1423-DCL-E; IDENTIFIER: RN104098561 and RN105002836; LOCATION: Frisco and Plano, Collin County, Texas; TYPE OF FACILITY: dry cleaning and/or dry cleaning drop stations; RULE VIOLATED: 30 TAC §337.10(a) and THSC, §374.102, by failing to complete and submit the required registration form for the facilities; and 30 TAC §337.14(c) and the Code, §5.702, by failing to pay dry cleaner fees; PENALTY: $1,070; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(37) COMPANY: City of Rising Star; DOCKET NUMBER: 2003-0383-PWS-E; IDENTIFIER: RN101205573 and Public Water Supply Facility Identification Number 0670005; LOCATION: Rising Star, Eastland County, Texas; TYPE OF FACILITY: public drinking water system; RULE VIOLATED: 30 TAC §290.44(h)(1)(A), by failing to have additional protection at the meter; 30 TAC §290.46(h), by failing to keep a supply of calcium hypochlorite disinfection on hand; and 30 TAC §290.41(c)(3)(J), by failing to repair cracked sealing blocks; PENALTY: $2,925; Supplemental Environmental Project (SEP) offset amount of $2,340 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Plugging Abandoned Water Wells; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(38) COMPANY: Don French dba Riviera Mobile Home Park; DOCKET NUMBER: 2006-1882-PWS-E; IDENTIFIER: RN101256667; LOCATION: Denton, Denton County, Texas; TYPE OF FACILITY: mobile home park with public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(B)(i) and THSC, §341.0315(c), by failing to provide a minimum well capacity of 0.6 gpm per connection; 30 TAC §290.44(d), by failing to design, maintain, and operate the water system to provide a minimum pressure of 35 pounds per square inch; 30 TAC §290.46(m)(1)(A) and (B), and (n)(3), by failing to conduct an annual inspection of the water system's ground storage tank, by failing to conduct an annual inspection of the facility's pressure tank, and by failing to maintain copies of well completion data; PENALTY: $1,092; ENFORCEMENT COORDINATOR: Christopher Miller, (512) 239-6580; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(39) COMPANY: Rosamond Corporation dba JRS Mart; DOCKET NUMBER: 2006-1950-PST-E; IDENTIFIER: RN101885911; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; 30 TAC §334.50(b)(2) and (b)(2)(A)(i)(III), and the Code, §26.3475(a), by failing to provide proper release detection and by failing to test the line leak detectors; and 30 TAC §115.242(3) and THSC, §382.085(b), by failing to maintain the Stage II VRS; PENALTY: $6,300; ENFORCEMENT COORDINATOR: Thomas Greimel, (512) 239-5690; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(40) COMPANY: Sherwin Alumina, L.P.; DOCKET NUMBER: 2004-1982-AIR-E; IDENTIFIER: RN102318847, Air Account Number SD0037N; LOCATION: near Gregory, San Patricio County, Texas; TYPE OF FACILITY: bauxite refining; RULE VIOLATED: 30 TAC §101.201(a)(2)(H) and (I) and THSC, §382.085(b), by failing to meet the minimum reporting requirements for a reportable emissions event; and 30 TAC §111.111(a)(1)(B) and §116.115(c), Permit Number 48455, Special Conditions 1 and 7, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $20,488; Supplemental Environmental Project (SEP) offset amount of $10,244 applied to University of Texas-Corpus Christi Air Monitoring and Surveillance Camera Installation and Operation; ENFORCEMENT COORDINATOR: Audra Ruble, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(41) COMPANY: City of Somerville; DOCKET NUMBER: 2006-1883-PWS-E; IDENTIFIER: RN101397008; LOCATION: Somerville, Burleson County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(f)(4) and THSC, §341.0315(c), by exceeding the maximum contaminant level for total trihalomethanes; PENALTY: $760; ENFORCEMENT COORDINATOR: Andrea Linson-Mgbeoduru, (512) 239-1482; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(42) COMPANY: Southwest Convenience Stores, LLC dba 7-Eleven; DOCKET NUMBER: 2006-1261-AIR-E; IDENTIFIER: RN102388345, RN102397189, RN102394756, RN100826239, RN102383627, RN102394368, RN102392214, RN102391331, RN102390960, RN102393170, and RN102399094; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: convenience stores with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.252(2) and THSC, §382.085(b), by failing to comply with the maximum seven pounds per square inch absolute Reid vapor pressure requirements; PENALTY: $11,380; ENFORCEMENT COORDINATOR: Jason Kemp, (512) 239-5610; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(43) COMPANY: Southwestern Bell Telephone, L.P.; DOCKET NUMBER: 2006-1954-AIR-E; IDENTIFIER: RN102387826; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: gasoline station for their fleet vehicles; RULE VIOLATED: 30 TAC §114.100(a) and THSC, §382.085(b), by failing to comply with the minimum 2.7% by weight oxygenated fuel requirement for gasoline; PENALTY: $1,000; ENFORCEMENT COORDINATOR: Daniel Siringi, (409) 898-3883; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(44) COMPANY: SpeeDee Oil Change, Inc.; DOCKET NUMBER: 2006-1814-PST-E; IDENTIFIER: RN102453685; LOCATION: Richardson, Dallas County, Texas; TYPE OF FACILITY: oil change facility; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; and 30 TAC §334.7(d)(3), by failing to submit an amended UST registration; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Patricia Chawla, (512) 239-0739; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(45) COMPANY: Jayvik Auto Systems, Inc. dba SpeeDee Oil Change & Tune Up; DOCKET NUMBER: 2006-2238-PST-E; IDENTIFIER: RN100539923; LOCATION: Carrollton, Denton County, Texas; TYPE OF FACILITY: automotive service and repair shop; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $1,000; ENFORCEMENT COORDINATOR: Shontay Wilcher, (512) 239-2136; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(46) COMPANY: Texas Department of Transportation; DOCKET NUMBER: 2006-1220-WQ-E; IDENTIFIER: RN104535356; LOCATION: Nacogdoches County, Texas; TYPE OF FACILITY: construction site; RULE VIOLATED: 30 TAC §281.25(a)(4), 40 CFR §122.26(a), TPDES General Permit Number TXR150000 Part III Section F(2)(a)(ii) and (iii), and the Code, §26.121(d), by failing to maintain the best management practices (BMP) structures and by failing to install BMP structures; and the Code, §26.121(d), by failing to prevent the unauthorized discharge of sediment into water in the state; PENALTY: $1,050; Supplemental Environmental Project (SEP) offset amount of $840 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Wastewater Treatment Assistance; ENFORCEMENT COORDINATOR: Ruben Soto, (512) 239-4571; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(47) COMPANY: Texas Petrochemicals LP; DOCKET NUMBER: 2007-0073-AIR-E; IDENTIFIER: RN100219526; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §116.115(c), TCEQ Air Permit Number 46307, Special Condition Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §101.201(a)(1) and (c) and THSC, §382.085(b), by failing to submit the initial notification within 24 hours and the final report within two weeks of the end of the September 24, 2006, emissions event; PENALTY: $31,336; ENFORCEMENT COORDINATOR: Nadia Hameed, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(48) COMPANY: Valero Refining-Texas, L.P.; DOCKET NUMBER: 2007-0028-IWD-E; IDENTIFIER: RN100214386; LOCATION: Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §305.125(1), (9), and (19), TPDES Permit Number WQ0001909000 Permit Conditions Number 2.g., Monitoring and Reporting Requirements Number 7.a., Permit Conditions Number 1.a., and the Code, §26.121(a), by failing to prevent the unauthorized discharge of slop oil, untreated process wastewater, and process area storm water, by failing to submit written notification to the Corpus Christi regional office and TCEQ within five working days of a discharge event, and by failing to promptly notify the executive director when becoming aware that incorrect information was included in a permit application; PENALTY: $37,370; ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(49) COMPANY: City of West; DOCKET NUMBER: 2006-1436-MWD-E; IDENTIFIER: RN102079282; LOCATION: West, McLennan County, Texas; TYPE OF FACILITY: wastewater treatment system; RULE VIOLATED: 30 TAC §305.125(1), (4), and (5), TPDES Permit Number WQ0010544001, Effluent Limitations and Monitoring Requirements Number 6, Permit Conditions Number 2(d), and the Code, §26.121(a), by failing to comply with permitted effluent limitations and by failing to prevent the unauthorized discharge and accumulation of sludge in the receiving stream; PENALTY: $11,825; Supplemental Environmental Project (SEP) offset amount of $9,460 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Abandoned Tire Clean-Up; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(50) COMPANY: Windwood Water System, Inc.; DOCKET NUMBER: 2006-1772-PWS-E; IDENTIFIER: RN101456168; LOCATION: Harris County, Texas; TYPE OF FACILITY: public water system; RULE VIOLATED: 30 TAC §290.41(c)(1)(F) and (c)(3)(O), by failing to obtain a sanitary control easement and by failing to maintain the gate on the fence surrounding the well facilities locked; 30 TAC §290.121(a), by failing to maintain a copy of the up-to-date chemical and microbiological monitoring plan; 30 TAC §290.42(1), by failing to maintain a plant operations manual; 30 TAC §290.46(f)(3)(B)(iii) and (n)(2), by failing to provide chlorine residual monitoring records for review and by failing to maintain a copy of the current distribution system map; and 30 TAC §290.110(e)(4), by failing to submit the disinfection level quarterly reports; PENALTY: $1,575; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-200700447

Mary R. Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 13, 2007

Notice of District Petition

Notice Issued February 13, 2007

TCEQ Internal Control No. 01292007-D02; GR-M1, Ltd. (Petitioner) filed a petition for creation of Brazoria County Municipal Utility District No. 56 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) there are no lien holders on the property to be included in the proposed District; (3) the proposed District will contain approximately 495.04 acres located within Brazoria County, Texas; and (4) the proposed District is within the corporate boundaries of the City of Manvel, Texas, and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. By Resolution No. 2007-R-02, effective January 8, 2007, the City of Manvel, Texas, gave its consent to the creation of the proposed District. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project and, from the information available at the time, the cost of the project is estimated to be approximately $20,000,000.

INFORMATION SECTION

The TCEQ may grant a contested case hearing on this petition if a written hearing request is filed within 30 days after the newspaper publication of this notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the Petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed District's boundaries. You may also submit your proposed adjustments to the petition. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court. Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team, at (512) 239-4691. Si desea información en Español, puede llamar al (512) 239-0200. General information regarding TCEQ can be found at our web site at www.tceq.state.tx.us.

TRD-200700487

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 14, 2007

Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075 this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is March 26, 2007 . The commission will consider any written comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO 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 DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on March 26, 2007 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the DOs shall be submitted to the commission in writing .

(1) COMPANY: Azman Incorporated dba Shoppers Mart 1; DOCKET NUMBER: 2004-1286-PST-E; TCEQ ID NUMBER: RN102795689; LOCATION: 5032 Pinemont Drive, Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking correction action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operations of petroleum underground storage tanks; PENALTY: $2,120; STAFF ATTORNEY: Robert Mosley, Litigation Division, MC 175, (512) 239-0627; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY Casey Croy; DOCKET NUMBER: 2006-0191-MSW-E; TCEQ ID NUMBER: RN104789045; LOCATION: 2324 Farm-to-Market Road 2909, Hamilton, Hamilton County, Texas; TYPE OF FACILITY: unauthorized municipal solid waste site; RULES VIOLATED: 30 TAC §330.5(c), by causing, suffering, allowing, or permitting the dumping or disposal of municipal solid waste without the written authorization of the commission; PENALTY: $1,070; STAFF ATTORNEY: Alfred Oloko, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(3) COMPANY: Demecio Chavez; DOCKET NUMBER: 2006-0311-LII-E; TCEQ ID NUMBER: RN103929485; LOCATION: 758 Walker Street, Center, and 342 Greenwood Drive, Center, Shelby County, Texas (the "Site"); TYPE OF FACILITY: nursery; RULES VIOLATED: 30 TAC §30.5(a) and §344.4(a), Texas Water Code, §37.003, and Texas Occupations Code, §1903.251, by failing to obtain a landscape irrigator license from the commission prior to selling, designing, and installing a landscape irrigation system at the Site; PENALTY: $625; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(4) COMPANY: Lin Song dba A Plus Cleaners; DOCKET NUMBER: 2006-0871-DCL-E; TCEQ ID NUMBER: RN104148283; LOCATION: 6350 Glenview Drive, Suite 105, North Richland Hills, Tarrant County, Texas; TYPE OF FACILITY: dry cleaning drop station; RULES VIOLATED: 30 TAC §337.11(e) and Texas Health and Safety Code (THSC), §374.102, by failing to renew the facility's registration; PENALTY: $1,185; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: Sonny Nguyen dba Crystal Cleaners & Alteration; DOCKET NUMBER: 2006-0677-DCL-E; TCEQ ID NUMBERS: RN102315876 and RN100715721; LOCATION: 7847 Shoal Creek Boulevard and 2030 East Oltorf Street, Suite 108, Austin, Travis County, Texas; TYPE OF FACILITY: two dry cleaners; RULES VIOLATED: 30 TAC §337.10(a) and THSC, §374.102(a), by failing to complete and submit the required registration form to the TCEQ for dry cleaning and/or drop station facilities; PENALTY: $2,370; STAFF ATTORNEY: Shawn Slack, Litigation Division, MC 175, (512) 239-0063; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(6) COMPANY: Zul Noorane dba Best Cleaners; DOCKET NUMBER: 2006-1213-DCL-E; TCEQ ID NUMBER: RN104209259; LOCATION: 19620 Kuykendahl Road, Suite 130, Spring, Harris County, Texas; TYPE OF FACILITY: dry cleaning drop station; RULES VIOLATED: 30 TAC §337.10(a) and THSC, §374.102, by failing to renew the facility's registration by completing and submitting the required registration form to the TCEQ for a dry cleaning and/or drop station facility; PENALTY: $1,185; STAFF ATTORNEY: Rachael Gaines, Litigation Division, MC 175, (512) 239-0078; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-200700445

Mary Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 13, 2007

Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is March 26, 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 A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on March 26, 2007 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, §7.075 provides that comments on an AO shall be submitted to the commission in writing .

(1) COMPANY: Duininck Brothers, Inc. dba Duininck Brothers Construction Company; DOCKET NUMBER: 2004-1091-PST-E; TCEQ ID NUMBERS: RN102265972 and 65411; LOCATION: 4701 North Highway 377, Roanoke, Denton County, Texas; TYPE OF FACILITY: road construction equipment storage and maintenance company; RULES VIOLATED: 30 TAC §334.50(b)(2), and Texas Water Code (TWC), §26.3475(a), by failing to provide proper release detection for the product piping associated with underground storage tank (UST) systems; 30 TAC §334.8(c)(4)(B) and TWC, §26.346(c)(3), by failing to ensure that the UST registration and self-certification form is fully and accurately completed, and submitted to the agency in a timely manner; 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before receiving a delivery of a regulated substance into the USTs; and 30 TAC §115.245(2), and Texas Health and Safety Code (THSC), §382.085(b), by failing to verify proper operation of the Stage II equipment at least once every 12 months or upon major system replacement or modification, whichever occurs first; PENALTY: $6,000; STAFF ATTORNEY: Robert Mosley, Litigation Division, MC 175, (512) 239-0627; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: Nara Management, Inc. dba Nara Cleaners; DOCKET NUMBER: 2006-1097-DCL-E; TCEQ ID NUMBER: RN104992128; LOCATION: 2501 North Fry Road, Suite C, Katy, Harris County, Texas; TYPE OF FACILITY: active dry cleaning drop station facility; RULES VIOLATED: 30 TAC §337.10(a) and THSC, §374.102, by failing to complete and submit the required registration form to the TCEQ for the facility; PENALTY: $1,185; STAFF ATTORNEY: Mark Curnutt, Litigation Division, MC 175, (512) 239-0624; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3) COMPANY: Salim Aziz Dossani dba Short Trip Food Mart; DOCKET NUMBER: 2005-0365-PST-E; TCEQ ID NUMBER: RN100860626; LOCATION: 8703 Boone Road, Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.49(c)(2) and §334.49(c)(4), and TWC, §26.3475(d), by failing to have a qualified corrosion specialist or corrosion technician regularly inspect the cathodic protection system at least once every 60 days and test the system for operability and adequacy of protection at least once every three years; 30 TAC §334.50(b)(1)(A), (b)(2)(A)(i)(III), and (d)(1)(B)(ii) and TWC, §26.3475(a) and (c)(1), by failing to put the automatic tank gauge in test mode to perform an automatic test at least once per month to monitor USTs for releases; by failing to monitor the piping of the UST system in a manner designed to detect the releases from any portion of the piping system; and by failing to reconcile inventory control records on a monthly basis, sufficiently accurate to detect a release as small as the sum of 1.0% of the total substance flow-through for the month plus 130 gallons; 30 TAC §334.72(2) and §334.74(2), by failing to report a suspected release within 24 hours of the discovery and conduct release investigations and confirmation steps within 30 days of discovery of a suspected release; 30 TAC §334.48(c), by failing to conduct inventory control of all USTs involved in the retail sale of petroleum substances used as a motor fuel; and 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; PENALTY: $16,585; STAFF ATTORNEY: Rachael Gaines, Litigation Division, MC 175, (512) 239-0078; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(4) COMPANY: Song Jung dba New Core Cleaners; DOCKET NUMBER: 2006-0793-DCL-E; TCEQ ID NUMBER: RN104962287; LOCATION: 1512 East Exchange Parkway, Suite 300, Allen, Collin County, Texas; TYPE OF FACILITY: dry cleaning drop station; RULES VIOLATED: 30 TAC §337.10(a), and THSC, §374.102, by failing to complete and submit the required registration form to the TCEQ for a dry cleaning and/or drop station facility; PENALTY: $1,185; STAFF ATTORNEY: Mary Hammer, Litigation Division, MC 175, (512) 239-2496; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: The City of Cockrell Hill; DOCKET NUMBER: 2005-0702-PWS-E; TCEQ ID NUMBER: RN101185320; LOCATION: 4125 West Clarendon Drive, Cockrell Hill, Dallas County, Texas; TYPE OF FACILITY: public water supply system; RULES VIOLATED: 30 TAC §290.109(f)(3), and §290.122(b)(2)(A), and THSC, §341.031(a); by failing to provide public notice of the August 2003, and August - December 2004 violations within the statutorily required time frame; and 30 TAC §290.109(c)(3)(A)(i) and §290.122(c)(2)(A), by failing to collect additional water samples as required after positive coliform bacteria samples in October and November 2004, and by failing to provide public notice of those violations within the statutorily required time frame; PENALTY: $6,525; Supplemental Environmental Project (SEP) offset amount of $6,525 applied to Texas Association of Resource Conservation and Development Areas, Inc. for a Household Hazardous Waste Collection program; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(6) COMPANY: The City of Elsa; DOCKET NUMBER: 2004-0026-MWD-E; TCEQ ID NUMBER: RN101610251; LOCATION: 0.5 miles southwest of Farm-to-Market Road 1925 and State Highway 88 near Elsa, Hidalgo County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULES VIOLATED: 30 TAC §305.125(1), Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0011510002, Permit Conditions No. 2.g., and TWC, §26.121(a), by failing to prevent an unauthorized discharge of wastewater or any other waste; 30 TAC §305.125(1) and TPDES Permit No. WQ0011510002, Other Requirements No. 1, by failing to ensure that the facility was operated and maintained by a chief operator or operator-in-charge holding a valid class C certificate of competency or higher; 30 TAC §305.125(1), TWC, §26.121(a)(1), and TPDES Permit No. WQ0011510002, Effluent Limitations and Monitoring Requirements No. 1, by failing to comply with the permitted effluent single grab limit of 60 milligram per liter (mg/L) for total suspended solids (TSS); 30 TAC §317.3(c)(2), by failing to ensure that the firm pumping capacity of all of the facility's on-site lift stations was such that the expected peak flow could be pumped to its desired destination; 30 TAC §305.125(1) and (5) and TPDES Permit No. WQ0011510002, Operational Requirements No. 1, by failing to ensure that the oxidation ditch treatment unit was properly operated and maintained; 30 TAC §305.125(1) and (5) and TPDES Permit No. WQ0011510002, Operational Requirements No. 1, by failing to ensure that the return lines from the digester and sludge drying beds were properly operated and maintained; 30 TAC §305.125(1), and TWC, §26.121(a)(1), and TPDES Permit No. WQ0011510002, Effluent Limitations and Monitoring Requirements No. 4, by failing to prevent the discharge of floating solids or visible foam in other than trace amounts in the receiving stream; and 30 TAC §21.4 and §290.51(a)(3) and TWC, §5.702 and §26.0291, by failing to pay all outstanding consolidated water quality fees and public health service fees; PENALTY: $16,385; Supplemental Environmental Project (SEP) offset amount of $16,385 contribution to be used in the Texas Association of Resource Conservation and Development Areas, Inc., Abandoned Tire Clean-Up Project which provides the coordinated clean-up of sites where tires have been disposed of illegally; STAFF ATTORNEY: James Biggins, Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(7) COMPANY: The Texas Latin American Conference of the International Pentecostal Holiness Church; DOCKET NUMBER: 2005-1708-PWS-E; TCEQ ID NUMBER: RN101218493; LOCATION: six miles west of Jacksonville, south of United States (US) 79, Cherokee County, Texas; TYPE OF FACILITY: public water supply system; RULES VIOLATED: 30 TAC §290.109(c)(2)(A)(i) and §290.122(c)(2)(B), and THSC, §341.033(d), by failing to collect and submit a routine monthly bacteriological sample, and, by failing to notify the public of the noncompliance during the month of August 2003; 30 TAC §290.109(c)(3)(A)(ii) and §290.122(c)(2)(B), by failing to take four repeat samples for each total coliform-positive sample found in a month and by failing to notify the public of these noncompliances during the months of March, May, and June 2004; 30 TAC §290.109(c)(2)(F) and §290.122(c)(2)(B), by failing to collect at least five routine bacteriological samples following the month in which a positive coliform sample was obtained and by failing to post public notice during the month of April 2004; and 30 TAC §290.109(f)(3) and §290.122(c)(2)(B) and THSC, §341.0315(c), by failing to comply with the maximum contaminant level (MCL) for coliform bacteria and by failing to notify the public of this noncompliance during the months of May and June 2004; PENALTY: $2,363; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(8) COMPANY: Wallach Concrete, Inc; DOCKET NUMBER: 2005-0586-AIR-E; TCEQ ID NUMBERS: RN104452560 and RN104452404; LOCATION: 612 Southeast Avenue F, Seminole, Gaines County, (the Seminole Plant), and 1601 West Broadway Street, Andrews, Andrews County, Texas (the Andrews Plant); TYPE OF FACILITY: concrete batch plants; RULES VIOLATED: 30 TAC §116.110(a), and THSC, §382.085(b) and §382.0518(a), by failing to obtain the proper authorization prior to construction and operation of two concrete batch plants; PENALTY: $20,000; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Midland Regional Office, 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

TRD-200700444

Mary Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 13, 2007

Notice of Public Hearing on Proposed Revisions to 30 TAC Chapter 101 and to the State Implementation Plan

The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony regarding proposed revisions to 30 Texas Administrative Code (TAC) Chapter 101, General Air Quality Rules, and to the state implementation plan (SIP), under the requirements of Texas Health and Safety Code, §382.017; Texas Government Code, Chapter 2001, Subchapter B; and 40 Code of Federal Regulations §51.102 of the United States Environmental Protection Agency (EPA) regulations concerning SIPs.

The proposed rulemaking would correct references to sections of 30 TAC Chapter 117 which are changing due to the reorganization of Chapter 117. This rulemaking would also include revisions identified during the last review of Chapter 101, including changes to the definitions of visible emissions, cold solvent cleaning, conveyorized degreasing, open-top vapor degreasing, high-volume low-pressure spray guns, and standard conditions. A definition for nitrogen oxides would be added, the definitions of hazardous waste management facility and hazardous waste management unit would be deleted, references to the title of the commission would be corrected, and an obsolete effective date section would be removed.

A public hearing on this proposal will be held in Austin, Texas, on March 20, 2007, at 10:00 a.m., in Building B, Room 201A, at the Texas Commission on Environmental Quality complex located at 12100 Park 35 Circle. The hearing will be structured for the receipt of oral or written comments by interested persons. Registration will begin 30 minutes prior to the hearing. Individuals may present oral statements when called upon in order of registration. There will be no open discussion during the hearing; however, commission staff members will be available to discuss the proposal 30 minutes prior to the hearing.

Persons planning to attend the hearing, who have special communication or other accommodation needs, should contact Lola Brown, Office of Legal Services, at (512) 239-0348. Requests should be made as far in advance as possible.

Comments may be submitted to Lola Brown, MC 205, Texas Register Team, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. Electronic comments may be submitted at http://www5.tceq.state.tx.us/rules/ecomments . The comment period closes March 26, 2007. All comments should reference Rule Project Number 2006-053-101-PR. The proposed rules may be viewed on the commission's Web site at http://www.tceq.state.tx.us/nav/rules/propose_adopt.html . For further information or questions concerning this proposal, please contact Becky Southard, Air Permits Division, at (512) 239-1638.

TRD-200700378

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: February 9, 2007

Notice of Public Meeting on March 29, 2007, in Orange, Texas, Concerning the Spector Salvage Yard Proposed State Superfund Site

The purpose of the meeting is to obtain public input and information concerning the proposed remedy for the site.

The executive director of the Texas Commission on Environmental Quality (TCEQ or commission) is issuing this public notice of a proposed selection of remedy for the Spector Salvage Yard Proposed state Superfund site. In accordance with 30 TAC §335.349(a), concerning requirements for the remedial action, and Texas Health and Safety Code (THSC), §361.187, concerning the proposed remedial action, a public meeting regarding the commission's selection of a proposed remedy for the Spector Salvage Yard Proposed state Superfund site shall be held. The statute requires that the commission shall publish notice of the meeting in the Texas Register and in a newspaper of general circulation in the county in which the facility is located at least 30 days before the date of the public meeting. This notice was also published in the Orange Leader on February 23, 2007.

The public meeting is scheduled for March 29, 2007, at 7:00 p.m., in Council Chambers of the Orange Public Library, 220 North 5th Street in Orange, Texas. The public meeting is not a contested case hearing under the Texas Government Code, Chapter 2001.

The site for which a remedy is being proposed, the Spector Salvage Yard Proposed state Superfund site (the site), was proposed for listing on the state registry of Superfund sites in the July 16, 1999, edition of the Texas Register (24 TexReg 5593-5594). The site is located in the southern portion of the city of Orange, Orange County, Texas, and covers approximately four acres. It is bordered by Polk Street and the Union Pacific Railroad tracks to the north, Jackson Street and the Evergreen Cemetery to the south, a railroad right-of-way and railroad yard to the east, and the City of Orange sewage treatment plant to the west. Historic activities at the site resulted in the contamination of soil and groundwater with heavy metals, chlorinated and nonchlorinated hydrocarbons, and other chemicals of concern (COCs).

The TCEQ received a request from the City of Orange fire marshall in 1993 after a number of drums were discovered during site clearing activities by the city. The TCEQ inspected the site, and instructed the site owner, Sammie Spector, to complete a site investigation and cleanup. In 1994, Sammie Spector demonstrated financial inability to pay for remedial activities. In 1996, the TCEQ undertook emergency actions which included consolidating drums under one of the onsite structures, and erecting a fence to restrict access to the site.

The TCEQ prepared the Hazard Ranking System (HRS) document in August 1998. The HRS is a numerically-based screening system that uses information from initial, limited investigations to assess whether a site qualifies for the state or federal Superfund program. Sites scoring 28.5 or greater may qualify for the federal Superfund program, while sites scoring 5 or greater may qualify for the state Superfund program. The site earned a score of 12.88.

The Remedial Investigation (RI), which includes field work, laboratory analysis, and interpretation of collected data for the purpose of determining the nature and extent of contamination associated with the site, was initiated in 2001. The RI Technical Memorandum, dated April 2004, includes a summary of the investigation activities. The investigation concluded that the shallow groundwater beneath the site is impacted by carbon tetrachloride, chloroform, and lead concentrations exceeding the Protective Concentration Level (PCL), also known as the cleanup level, applicable to the groundwater resource. The shallow surface soil at the site, from 0 to approximately 1 foot below grade, was found to have been impacted by semi-volatile organic contaminants, polychlorinated biphenyls (PCBs), and heavy metals, including lead and mercury. No off-site soil or sediment contamination was detected. A Screening Level Ecological Risk Assessment (SLERA) was completed in July 2005. The SLERA concluded that based on conservative factors applied in calculating ecological risk at the site, it is likely that actual ecological risk from site-related chemicals is not present.

In order to prevent additional releases of hazardous substances to the shallow groundwater beneath the site, the TCEQ will conduct a removal action in February and March 2007. The removal action will consist of the excavation and offsite disposal of surface soil which contains COCs in excess of appropriate cleanup levels.

As the shallow groundwater beneath the site contains COCs in excess of the appropriate cleanup levels, the TCEQ prepared a Focused Feasibility Study (FS) for Groundwater in December 2006. The Focused FS presented an evaluation of potential remedial alternatives to address these hazardous constituents. Based on this evaluation, the TCEQ proposes to establish a plume management zone (PMZ). A PMZ modifies the standard groundwater cleanup objectives by controlling and preventing the use of and exposure to the groundwater within the PMZ by recording institutional controls in the real property records. The institutional control would be placed on each property which overlies groundwater contaminated above the PCLs and would describe the specific area of the PMZ on the affected property.

All persons desiring to make comments may do so prior to or at the public meeting. All comments submitted prior to the public meeting must be received by 5:00 p.m. on March 28, 2007, and should be sent in writing to Carol Boucher, P.G., Project Manager, Texas Commission on Environmental Quality, Remediation Division, MC 136, P. O. Box 13087, Austin, Texas 78711-3087, or facsimile at (512) 239-2450. The public comment period for this action will end at the close of the public meeting on March 29, 2007.

A portion of the record for this site including documents pertinent to the proposed remedy is available for review during regular business hours at the Orange Public Library, 220 North Fifth Street, Orange, Texas 77630-5796, (409) 883-1086. Copies of the complete public record file may be obtained during business hours at the commission's Records Management Center, Building E, First Floor, Records Customer Service, MC 199, 12100 Park 35 Circle, Austin, Texas 78753, (800) 633-9363 or (512) 239-2920. Photocopying of file information is subject to payment of a fee. Parking for person with disabilities is available on the east side of Building D, convenient to access ramps that are between Buildings D and E.

Information is also available regarding the state Superfund program at www.tceq.state.tx.us/remediation/superfund/sites/index.html.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact the agency at (800) 633-9363 or (512) 239-2501. Requests should be made as far in advance as possible.

For further information about this site or the public meeting, please call Bruce McAnally, TCEQ Community Relations, at (800) 633-9363, extension 2141.

TRD-200700438

Mary Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 13, 2007

Notice of Request for Public Comment and Notice of a Public Meeting for One Total Maximum Daily Load (TMDL)

The Texas Commission on Environmental Quality (TCEQ or commission) has made available for public comment one draft TMDL for bacteria in Upper Oyster Creek (Segment 1245) of the Brazos River Basin, located in Fort Bend County. The TCEQ will conduct a public meeting to receive comments on the draft TMDL. This announcement also constitutes notice that the TMDL will become part of the State Water Quality Management Plan upon approval by the United States Environmental Protection Agency (EPA).

Texas is required to develop TMDLs for impaired water bodies included in the State of Texas Clean Water Act, §303(d) list of impaired water bodies. A TMDL is a detailed water quality assessment that provides the scientific foundation to allocate pollutant loads in a certain body of water in order to restore and maintain designated uses.

The TCEQ will conduct a public meeting on the draft TMDL for bacteria in Upper Oyster Creek (Segment 1245). The purpose of the public meeting is to provide the public an opportunity to comment on the draft TMDL. The commission requests comment on each of the six major components of the TMDL: problem definition, endpoint identification, source analysis, linkage between sources and receiving waters, margin of safety, and pollutant loading allocation. After the public comment period, TCEQ staff may revise the TMDL, if appropriate. The final TMDL will then be considered by the commission for adoption. Upon adoption of the TMDL by the commission, the final TMDL and a response to all comments will be made available on the TCEQ Web site referenced below. The TMDL will then be submitted to EPA Region 6 for approval. Upon approval, the TMDL will be certified as an update to the State of Texas Water Quality Management Plan.

The public comment meeting will be held on March 15, 2007, at 7:00 p.m., at the Sugar Land Community Center, 226 Matlage Way, Sugar Land, Texas 77478. At this meeting individuals have the opportunity to present oral statements when called upon in order of registration. There will be no agenda or presentations given, 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 all public comments have been received.

Written comments should be submitted to Jason Leifester, Texas Commission on Environmental Quality, Water Programs Division, 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., March 26, 2007 , and should reference, One Total Maximum Daily Load for Bacteria in Upper Oyster Creek, For Segment Number 1245 . For further information regarding the draft TMDL, please contact Jason Leifester, Water Programs Division, at (512) 239-6457 or jleifest@tceq.state.tx.us . Copies of the draft TMDL document will be available and can be obtained via the commission's Web site at: http://www.tceq.state.tx.us/implementation/water/tmdl/index.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 commission at (512) 239-6682. Requests should be made as far in advance as possible.

TRD-200700439

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: February 13, 2007

Notice of Water Quality Applications

The following notices were issued during the period of February 8, 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 the Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin Texas 78711-3087, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THE NOTICE.

AUC GROUP, L.P. has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014744001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 980,000 gallons per day. The facility will be located 6,500 feet east of the intersection of State Highway 288 and County Road 57 on the east side of the West Fork of Chocolate Bayou in Brazoria County, Texas.

AQUA UTILITIES, INC. has applied for a renewal of TPDES Permit No. WQ0014018001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 450,000 gallons per day. The facility will be located approximately 9.9 miles west of the intersection of State Highway 105 and Interstate 45 and approximately 600 feet directly west of the intersection of State Highway 105 and Lake Conroe Village Boulevard in Montgomery County, Texas.

FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 34 has applied to the Texas Commission on Environmental Quality (TCEQ) for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0012298002, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 250,000 gallons per day. The facility is located approximately 0.25 mile north of the intersection of Farm-to-Market Road 1093 and Katy-Gaston Road in Fort Bend County, Texas.

KATY INDEPENDENT SCHOOL DISTRICT has applied for a renewal of TPDES Permit No. 12110-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 100,000 gallons per day. The facility is located just north of South Mayde Creek, approximately 2 miles west-northwest of the intersection of Barker-Cypress Road and Interstate Highway 10, approximately 8 miles east of the City of Katy in Harris County, Texas.

REID ROAD MUNICIPAL UTILITY DISTRICT NO. 1 has applied for a renewal of TPDES Permit No. WQ0011563001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,750,000 gallons per day. The facility is located at 10015 Gusty Wind Road, approximately 3,600 feet south of the intersection of Windfern Road and Perry Road and approximately 1.1 miles east-southeast of the intersection of Farm-to-Market Road 1960 and Jones Road in Harris County, Texas.

TEXAS DEPARTMENT OF TRANSPORTATION has applied for a renewal of TPDES Permit No. 11958-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 15,000 gallons per day. The facility is located along and within the right-of-way of Interstate Highway 35, at a point approximately 8 miles south of the City of Waxahachie central business district and 1.4 miles north of Farm-to-Market Road 329 in Ellis County, Texas.

U.S. LAND CORP. has applied for a renewal of TPDES Permit No. 13960-001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 22,500 gallons per day. The facility is located approximately 2.36 miles southwest of Shepard Cemetery, 2.15 miles northwest of the Lewis Creek Power Station and approximately 3.13 miles northeast of the east end of the Farm-to-Market Road 1097 bridge across Lake Conroe in Montgomery County, Texas.

WEST HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 11 has applied for a renewal of TPDES Permit No. WQ0013689001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,500,000 gallons per day. The facility is located adjacent to the west side of Sam Houston Toll Road and the north side of a Harris County Flood Control Ditch, south of West Road and east of Whiteoak Bayou 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-200700478

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 14, 2007

Notice of Water Rights Application

Notices issued February 8, 2007, and February 9, 2007

APPLICATION NO. 12108; Great Southern Realty Co., 2292 Mountain Drive, Lake Hills, Texas, 78063, applicant, has applied for a Water Use Permit to maintain a dam and reservoir (Twin Lakes Dam No. 1) on an unnamed tributary of Bandera Creek, San Antonio River Basin, for in-place recreational purposes in Bandera County. The application and a portion of the required fees were received on September 22, 2006. Additional information and fees were received on December 8, 2006. The application was declared administratively complete and filed with the Office of the Chief Clerk on January 4, 2007. Written public comments and requests for a public meeting should be received in 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. 14-998A; Patty Cervenka, applicant, HC 72, Box 29, Norton, TX 76865, has applied for an amendment to Certificate of Adjudication No. 14-998 to add three upstream diversion points and add industrial/mining use to a 100 acre-feet portion of the authorized water for a period of five years on the Colorado River, Colorado River Basin in Coke and Runnels Counties. The application was received on December 13, 2006. The application was declared administratively complete and accepted for filing on January 3, 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 March 1, 2007.

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.

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 TCEQ Office of the Chief Clerk at the address provided in the information section 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 Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the 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-200700486

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 14, 2007

Office of the Governor

Request for Grant Applications (RFA) for the Victims of Crime Act (VOCA) Fund Program

The Criminal Justice Division (CJD) of the Governor's Office is soliciting applications for projects that provide services to victims of crime under the state fiscal year 2008 grant cycle.

Purpose: The purpose of the VOCA Fund Program is to provide services and assistance directly to victims of crime to speed their recovery and aid them through the criminal justice process. Services may include the following:

(1) responding to the emotional and physical needs of crime victims;

(2) assisting victims in stabilizing their lives after a victimization;

(3) assisting victims to understand and participate in the criminal justice system; and

(4) providing victims with safety and security.

Available Funding: Federal funding is authorized for these projects under the Victims of Crime Act of 1984 (VOCA) as amended, 42 U.S.C. 10601 et seq. As of the date of the issuance of this RFA, the U.S. Congress has not finalized federal appropriations for federal fiscal year 2007. All awards are subject to the availability of appropriated funds and any modifications or additional requirements that may be imposed by law.

Funding Levels: Minimum grant award - $5,000.

Required Match: Grantees, other than Native American Tribes, must provide matching funds of at least twenty percent (20%) of total project expenditures. Native American Tribes must provide a five percent (5%) match. This requirement may be met through cash and/or in-kind contributions.

Standards: Grantees must comply with the standards applicable to this funding source contained in the Texas Administrative Code, Title 1, Part 1, Chapter 3 and the requirements of the federal statutes that authorize this funding.

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

(1) proselytizing or sectarian worship;

(2) lobbying and administrative advocacy;

(3) perpetrator rehabilitation and counseling or services to incarcerated individuals;

(4) needs assessments, surveys, evaluations, and studies;

(5) prosecution activities;

(6) reimbursing crime victims for expenses incurred as a result of the crime;

(7) most medical costs. Grantees may not use grant funds for nursing-home care (except for short-term emergency), home health-care costs, in-patient treatment costs, hospital care, or other types of emergency or non-emergency medical or dental treatment. Grant funds cannot support medical costs resulting from a crime, except for forensic medical examinations for sexual assault victims;

(8) relocation expenses. Grant funds may not support relocation expenses for crime victims such as moving expenses, security deposits on housing, rent, and mortgage payments;

(9) administrative staff expenses. Grantees may not use grant funds to pay salaries, fees and reimbursable expenses associated with administrators, board members, executive directors, consultants, coordinators, and other individuals unless the grantee incurs the expense while providing direct services to crime victims. Grant funds may support administrative time to complete VOCA-required time and attendance sheets and programmatic documentation, reports and statistics, administrative time to maintain crime victims' records, and the prorated share of audit costs;

(10) development of protocols, interagency agreements, and other working agreements;

(11) costs of sending individual crime victims to conferences;

(12) activities exclusively related to crime prevention or community awareness;

(13) non-emergency legal representation such as for divorces or civil restitution recovery efforts;

(14) victim-offender meetings that serve to replace criminal justice proceedings;

(15) management and administrative training for executive directors, board members, and other individuals that do not provide direct services;

(16) training to persons or groups outside the applicant agency;

(17) indirect organization costs such as the following: liability insurance on buildings; major maintenance of buildings; capital improvements; newsletters, including supplies, printing, postage, and staff time; security guards and body guards; and employment agency fees;

(18) any activities or related costs for diligent search;

(19) job skills training;

(20) alcohol and drug abuse treatment;

(21) fundraising activities; and

(22) property loss. Grant funds may not be used to reimburse crime victims for expenses incurred as a result of a crime, such as insurance deductibles, replacement of stolen property, funeral expenses, lost wages, and medical bills.

Eligible Applicants:

(1) State agencies;

(2) Units of local government;

(3) Hospital districts;

(4) Nonprofit corporations;

(5) Native American tribes;

(6) Crime control and prevention districts;

(7) Universities;

(8) Colleges;

(9) Community supervision and corrections departments;

(10) Councils of governments that offer direct services to victims of crime;

(11) Hospital and emergency medical facilities that offer crisis counseling, support groups, and/or other types of victims services; and

(12) Faith-based organizations that provide direct services to victims of crime. Faith-based organizations must be tax-exempt nonprofit entities as certified by the Internal Revenue Service.

Project Requirements: Grant funds can support the following services, activities, and costs:

(1) Immediate Health and Safety. Projects should provide services that respond to the immediate emotional and physical needs (excluding medical care) of crime victims, such as crisis intervention, accompanying victims to hospitals for medical examinations, providing victims with hotline counseling, emergency food, clothing, transportation, and shelter, and providing emergency services intended to restore the victim's sense of security.

(2) Mental Health Assistance. These services include aid that assists the primary and secondary victims of crime.

(3) Assistance with Participation in Criminal Justice Proceedings. Projects should help victims participate in the criminal justice system.

(4) Forensic Examinations. Forensic examinations are allowable costs only for sexual assault victims and only to the extent that other funding sources are unavailable or insufficient to pay for the examinations. The examinations must conform to state evidentiary collection requirements.

(5) Costs Necessary and Essential to Providing Direct Services. These include prorated costs of rent, telephone service, transportation costs for victims to receive services, emergency transportation costs that enable a victim to participate in the criminal justice system, and local travel expenses for service providers.

(6) Special Services. These include services to assist crime victims with managing practical problems created by victimization including the following:

(A) acting on behalf of the victim with other service providers, creditors, or employers;

(B) assisting the victim to recover property retained as evidence;

(C) assisting in filing for compensation benefits; and

(D) helping the victim to apply for public assistance.

(7) Personnel Costs. These include costs directly related to providing services such as staff salaries and fringe benefits and including malpractice insurance, costs for advertising to recruit grant-funded personnel, and costs to train paid and volunteer staff.

(8) Restorative Justice. Opportunities for a crime victim to meet with the offender who perpetrated the crime against the victim, if such meetings are requested or voluntarily agreed to by the victim and have possible beneficial or therapeutic value to the victim.

(9) Other Allowable Costs and Services. CJD does not consider the following services, activities, and costs as direct crime victim services, but recognizes that they are often an essential activity necessary to ensure that the grantee can provide high quality direct services. Before grantees can use grant funds to pay for these services, activities, and costs, CJD and the grantee must agree that the grantee cannot provide direct services to crime victims without additional support for the expenses, that the grantee has no other source of pecuniary support for them, and that the grantee will limit the use of grant funds in paying for them. These services, activities, and costs include:

(A) Skill training for staff. Grant funds designated for training shall be used exclusively for developing the skills of direct service providers.

(B) Training and related travel for staff. This includes the cost of travel, meals, lodging and registration fees for staff that provide direct services to victims of crime.

(C) Equipment and furniture.

(D) Purchase or lease of vehicles. Grantees must obtain CJD approval in writing before purchasing or leasing vehicles.

(E) Advanced technologies. This covers information technology costs associated with purchasing systems, software, or equipment that expand a grantee's ability to reach and serve crime victims.

(F) Contracts for specialized professional services. Grantees may not use a majority of grant funds for contracted services that provide administrative, overhead, and other indirect costs. Examples of specialized professional services include the following:

(i) assistance in filing restraining orders or establishing emergency custody or visitation rights;

(ii) emergency psychological or psychiatric services; or

(iii) interpretation for the deaf or for crime victims whose primary language is not English.

(G) Operating costs.

(H) Supervision of direct service providers.

(I) Repair or replacement of essential items.

(J) Training materials for staff.

(K) Public Presentations. Grant funds may be used to support presentations that are made in schools, community centers, or other forums, that are designated to identify crime victims and provide or refer them to needed services.

Requirements: All applicants must meet each of the following criteria:

(1) have a record of providing effective services to victims. (If not, the applicant must show that at least twenty-five percent (25%) of its financial support comes from non-federal sources.);

(2) use volunteers, unless CJD determines that a compelling reason exists to waive this requirement;

(3) promote community efforts to aid crime victims;

(4) assist crime victims in applying for crime victims' compensation benefits;

(5) maintain civil rights information;

(6) provide equal services to victims of federal crime;

(7) provide grant-funded services at no charge to victims;

(8) maintain the confidentiality of client-counselor information and research data; and

(9) not discriminate against victims because they disagree with the way the State is prosecuting the criminal case.

Project Period: Grant-funded projects must begin on or after July 1, 2007, and expire on or before June 30, 2008.

Application Process: Applicants must access CJD's grant management website at https://cjdonline.governor.state.tx.us to register and apply for funding.

Preferences: Preference will be given to applicants that demonstrate cost effective programs that incorporate multiple disciplines into one comprehensive approach to provide services. An example of this type of approach is advocacy, law enforcement, prosecution, and other government and non-government services working together under a single project to restore victims to full mental, emotional and physical health in a professional environment of cooperation and respect among the service providers. In an effort to streamline administrative and reporting processes, grantees are encouraged to consolidate grant requests whenever possible in lieu of submitting multiple applications.

Closing Date for Receipt of Applications: All applications must be submitted via CJD's grant management website on or before April 2, 2007.

Selection Process:

(1) For eligible local and regional projects:

(A) Applications are forwarded by CJD to the appropriate regional council of governments (COG).

(B) The COG's criminal justice advisory committee will prioritize all eligible applications based on identified community and/or comprehensive planning, cost and program effectiveness.

(C) CJD will accept priority listings that are approved by the COG's executive committee.

(D) CJD will make all final funding decisions based upon approved COG priorities, reasonableness of the project, availability of funding, and cost-effectiveness.

(2) For state discretionary projects, applications will be reviewed by CJD staff members or a group selected by the executive director of CJD. CJD will make all final funding decisions based on eligibility, reasonableness of the project, availability of funding, and cost-effectiveness.

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

TRD-200700485

Christopher Burnett

Assistant General Counsel

Office of the Governor

Filed: February 14, 2007

Texas Health and Human Services Commission

Notification of Consulting Procurement - Request for Proposals (RFP #529-07-0044)

Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Health and Human Services Commission (HHSC) announces the release of its Request for Proposals (RFP #529-07-0044) for Consultant Services to Assist in the Procurement of the Texas Medicaid/Children with Special Healthcare Needs Claims (CSHCN) and Medicaid Primary Care Case Management (PCCM) Administrator Contract and the Pharmacy Claims and Rebate Administration (PCRA) Contract. HHSC seeks to contract with a single qualified consultant to fulfill the requirements pursuant to this RFP.

The primary objective for this procurement is to seek the assistance of a consultant with certain expertise to help HHSC with the procurement of the Texas Medicaid/CSHCN and Medicaid PCCM Administrator contract and PCRA contract. The primary objective also requires a consultant to assist the state in development of a procurement strategy that will allow vendors to submit a proposal for only the services required under the Texas Medicaid/CSHCN Claims and PCCM Administrator Contract requirements; submit a proposal for only the services required under the PCRA Contract; or submit a proposal to provide services for Texas Medicaid/CSHCN Claims and PCCM Administrator Contract requirements and PCRA contract under a single contract with HHSC.

The RFP is located in full on HHSC's Business Opportunities Page under Contracting Opportunities link at: http://www.hhsc.state.tx.us/about_hhsc/BusOpp/BO_opportunities.asp . HHSC also posted notice of the procurement on the Texas Marketplace on February 16, 2007.

The successful contractor will be expected to assist in the procurement of the Medicaid/CSHCN Claims and PCCM Administration contract and the PCRA contract. This assistance may include, but is not limited to:

* Gather and validate user requirements;

* Draft and/or review sections of the draft RFP;

* Assist in the development of the final RFP;

* Facilitate discussions with HHSC and other state agencies to determine solutions to operational issues;

* Help HHSC respond to numerous vendor questions on the draft and final RFP, including assisting in the determining solutions to issues brought up in vendor questions; and

* Help HHSC to develop and draft an Advanced Planning Document that HHSC will submit to the Centers for Medicare and Medicaid Services to obtain prior federal approval to release the final RFP.

Health and Human Services Commission's Sole Point-Of-Contact for Procurement

Lyn Peters

Health and Human Services Commission

Enterprise Contracts and Procurement Services (ECPS) Division

909 West 45th Street, Bldg 1

Austin, Texas 78751

(512) 206-5504

lyn.peters@hhsc.state.tx.us

All proposals must be received at the above-referenced address on or before 3:00 p.m. Central Time on March 19, 2007. Proposals received after this time and date will not be considered.

All proposals will be subject to evaluation based on the criteria and procedures set forth in the RFP. HHSC reserves the right to accept or reject any or all proposals submitted. HHSC is under no legal or other obligation to execute any contracts on the basis of this notice. HHSC will not pay for costs incurred by any entity in responding to this RFP.

TRD-200700495

David Brown

Assistant General Counsel

Texas Health and Human Services Commission

Filed: February 14, 2007

Public Notice - STAR+PLUS 1915(b) Waiver

The Texas Health and Human Services Commission (HHSC) announces its intent to submit an amendment to its existing STAR+PLUS 1915(b) waiver to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The amendment will be implemented in two phases; and the proposed effective dates are May 1, 2007 and September 1, 2007.

The purpose of the amendment to the 1915(b) waiver is to phase in the capitation payments for inpatient behavioral health services made to Managed Care Organizations (MCOs) contracted with HHSC under the STAR+PLUS waiver program. Inpatient behavioral health services resulting from a behavioral health primary diagnosis will be included in the capitation payments to the contracted MCOs serving the Harris Service Area (Harris County only) effective May 1, 2007 and to the contracted MCOs serving the expanded geographic area under the STAR+PLUS waiver program effective September 1, 2007. The following 28 counties comprise the expanded geographic area: Atascosa, Bexar, Comal, Guadalupe, Kendall, Medina, and Wilson Counties (Bexar Service Area); Brazoria, Fort Bend, Galveston, Montgomery, and Waller counties (Harris/Harris Expansion Service Area); Aransas, Bee, Calhoun, Jim Wells, Kleberg, Nueces, Refugio, San Patricio, and Victoria counties (Nueces Service Area); and Bastrop, Burnet, Caldwell, Hays, Lee, Travis, and Williamson counties (Travis Service Area).

The proposed amendment to the waiver is estimated to result in cost savings of approximately $8,464,857 in federal Fiscal Year 2007, with approximately $5,144,940 in cost savings in federal funds and $3,319,917 in cost savings in state general revenue. The amendment is estimated to result in cost savings of approximately $17,740,124 in federal Fiscal Year 2008, with approximately $10,766,481 in cost savings in federal funds and $6,973,643 in cost savings in state general revenue.

To obtain copies of the proposed waiver amendments, interested parties may contact Betsy Johnson by mail at Texas Health and Human Services Commission, P.O. Box 85200, mail code H-620, Austin, Texas 78708-5200; by telephone at (512) 491-1199; by facsimile at (512) 491-1953; or by e-mail at betsy.johnson@hhsc.state.tx.us.

TRD-200700496

David Brown

Assistant General Counsel

Texas Health and Human Services Commission

Filed: February 14, 2007

Department of State Health Services

Designation of The University of Texas at Austin School of Nursing Family Wellness Center as a Site Serving Medically Underserved Populations

The Department of State Health Services (department) is required under the Occupations Code, §157.052, to designate sites serving medically underserved populations. In addition, the department is required to publish notice of such designations in the Texas Register and to provide an opportunity for public comment on the designations.

Accordingly, the department has proposed designating the following as a site serving medically underserved populations: The University of Texas at Austin, School of Nursing Family Wellness Center, 2901 North IH 35, Suite 101, Austin, Texas 78722. The designation is based on the clinic being located in an area with an insufficient number of physicians providing services to eligible client populations.

Oral and written comments on this designation may be directed to Brian King, Program Director, Health Professions Resource Center, Center for Health Statistics, Department of State Health Services, 1100 West 49th Street, Austin, Texas 78756; telephone (512) 458-7261. Comments will be accepted for 30 days from the publication date of this notice.

TRD-200700494

Cathy Campbell

General Counsel

Department of State Health Services

Filed: February 14, 2007

Texas Department of Housing and Community Affairs

Announcement of the 2007 Public Hearing Schedule for Comment on 2007 Competitive Housing Tax Credit Applications

The Department's mission is to help Texans achieve a higher quality of life by building better communities. Through our rental production programs, the Department encourages the new construction or rehabilitation of high-quality multifamily housing, primarily through private developers. These developments benefit Texans by providing qualified families with safe, affordable, quality housing.

The following 13 public hearings are provided to gather public comment on the 2007 Competitive Housing Tax Credit Applications. The schedule of these meetings is provided below:

San Antonio, Region 9

Monday, April 2

12:00 p.m.

Henry B. Gonzalez Convention Center, Room 103A

200 E. Market St.

San Antonio, TX 78205

(210) 207-8109

www.sanantonio.gov

Austin, Region 7

Monday, April 2

6:00 p.m.

William B. Travis Building Room 1-111

1701 N. Congress

Austin, Texas 78701

(512) 475-3991

www.tdhca.state.tx.us

Waco, Region 8

Tuesday, April 3

11:00 a.m.

Heart of Texas Council of Governments Training Room

1514 S. New Road

Waco, TX 76711

(254) 756-7822

www.hotcog.org

San Angelo, Region 12

Tuesday, April 3

12:00 p.m.

City Council Chambers

72 West College Avenue

San Angelo, TX 76902

(325) 657-4241

www.sanangelotexas.us

El Paso, Region 13

Wednesday, April 4

1:00 p.m.

County Commissioners Courtroom, 3rd floor

El Paso County Courthouse

500 E. San Antonio

El Paso, TX 79901

(915) 546-2009

www.epcounty.com

Lubbock, Region 1

Wednesday, April 4

3:00 p.m.

Godeke Branch Library Community Room

6601 Quaker Ave.

Lubbock, TX 79413

(806) 775-2826

http://library.ci.lubbock.tx.us/

Dallas, Region 3

Wednesday, April 4

7:00 p.m.

J. Erik Jonsson Central Library Auditorium

1515 Young Street

Dallas, TX 75201

(214) 670-7846

http://dallaslibrary.org/

Wichita Falls, Region 2

Thursday, April 5

10:00 a.m.

Nortex Regional Planning Commission Conference Room

4309 Jacksboro Hwy. Ste. 200

Wichita Falls, TX 76302

(940) 322-5281

www.nortexrpc.org

Corpus Christi, Region 10

Thursday, April 5

10:00 a.m.

Council Chambers, Committee Room

City Hall, 1201 Leopard

Corpus Christi, TX 78401

(361) 826-3105

www.cctexas.com

Harlingen, Region 11

Thursday, April 5

3:00 p.m.

Harlingen Public Library Auditorium

410 ‘76 Drive

Harlingen, TX 78550

(956) 430-6650

Houston, Region 6

Tuesday, April 10

6:00 p.m.

City Hall Annex Chambers Public Level

900 Bagby

Houston, TX 77002

(713) 247-1840

www.houstontx.gov

Lufkin, Region 5

Wednesday, April 11

9:00 a.m.

City Hall Room 102

300 East Shepherd (Entrance on 3rd Street)

Lufkin, TX 75904

(936) 633-0244

www.cityoflufkin.com

Longview, Region 4

Wednesday, April 11

2:00 p.m.

Longview Public Library, Moeschle Room

222 West Cotton Street

Longview, TX 75601

(903) 237-1341

www.longviewlibrary.com

A detailed log of all 2007 Applications will be posted to the Department's website at the following link: http://www.tdhca.state.tx.us

Written comments are also encouraged. Such comments should be addressed to:

Multifamily Finance Production Division

Texas Department of Housing and Community Affairs

P.O. Box 13941

Austin, Texas 78711-3941

For additional information you may contact the Multifamily Division at (512) 475-3440 or visit the program's web site at www.tdhca.state.tx.us.

Individuals who require auxiliary aids or services for these meetings should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3942 or Relay Texas at (800) 735-2989 at least two days before the meeting so that appropriate arrangements can be made.

Individuals who require a language interpreter for the hearing should contact Jorge Reyes at (512)475-4577 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.

TRD-200700490

Michael Gerber

Executive Director

Texas Department of Housing and Community Affairs

Filed: February 14, 2007

Texas Department of Insurance

Company Licensing

Application to change the name of SCOR LIFE U.S. RE INSURANCE COMPANY to SCOR GLOBAL LIFE U.S. RE INSURANCE COMPANY, a domestic life, accident and/ or health company. The home office is in Addison, Texas.

Application to change the name of ENDURANCE REINSURANCE CORPORATION OF AMERICA to the assumed in Texas of ENDURANCE WORKERS' COMPENSATION INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in White Plains, New York.

Application to change the name of SERVUS LIFE INSURANCE COMPANY to XL RE LIFE AMERICA INC., a foreign life, accident and/or health company. The home office is in Wilmington, Delaware.

Application to change the name of MUTUAL SERVICE CASUALTY INSURANCE COMPANY to STOCKBRIDGE INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Minneapolis, Minnesota.

Application for incorporation to the State of Texas by VALLEY ASSURANCE COMPANY, a domestic fire and/or casualty company. The home office is in Harlingen, Texas.

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-200700488

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: February 14, 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 VERISOURCE SERVICES, INC., a domestic third party administrator. The home office is DALLAS, TEXAS.

Application of ADVANCED INSURANCE BROKERAGE OF AMERICA, INC. (using the assumed name ADVANCED INSURANCE ADMINISTRATION), a foreign third party administrator. The home office is LITTLE ROCK, ARKANSAS.

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-200700492

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: February 14, 2007

Texas Lottery Commission

Instant Game Number 782 "Game of Life"

1.0 Name and Style of Game.

A. The name of Instant Game No. 782 is "THE GAME OF LIFE". The play style is "match 3 of 6".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 782 shall be $3.00 per ticket.

1.2 Definitions in Instant Game No. 782.

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: $3.00, $5.00, $8.00, $10.00, $20.00, $35.00, $50.00, $60.00, $75.00, $100, $150, $350, $3,500 or $35,000.

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

Figure 1: GAME NO. 782 - 1.2D

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

Figure 2: GAME NO. 782 - 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 $3.00, $5.00, $8.00, $10.00 or $20.00.

H. Mid-Tier Prize - A prize of $35.00, $50.00, $60.00, $75.00, $100, $150, or $350.

I. High-Tier Prize - A prize of $3,500 or $35,000.

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 (782), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 125 within each pack. The format will be: 782-0000001-001.

L. Pack - A pack of "THE GAME OF LIFE" Instant Game tickets contains 125 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). There will be 2 fanfold configurations for this game. Configurations A will show the front of ticket 001 and the back of ticket 125. Configuration B will show the back of ticket 001 and the front of ticket 125.

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 "THE GAME OF LIFE" Instant Game No. 782 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 "THE GAME OF LIFE" Instant Game is determined once the latex on the ticket is scratched off to expose 30 (thirty) Play Symbols. On the GAME BOARD, the player advances from "START" the number of spaces shown in "SPIN 1", counting START CAREER as the first space. The player advances from that space the number of spaces shown in "SPIN 2". Repeat the same instructions in consecutive order for "SPINs" 3 through 6. Scratch only the spaces you land on. If a player reveals 3 matching amounts play symbols, the player wins that amount. 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 30 (thirty) 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 30 (thirty) 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 30 (thirty) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 30 (thirty) 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. There will be at least two (2) but no more than five (5) sets of three (3) matching GAME BOARD prize symbols per ticket.

C. A ticket may only win once.

D. There will be at least two (2) pairs of matching GAME BOARD prize symbols scratched on non-winning tickets.

E. No three (3) or more like SPIN play symbols per ticket.

F. The total of all six (6) SPIN play symbols will not exceed twenty-four (24).

G. The player will always complete the game within the last four (4) squares on the Game Board.

H. The $35,000 prize symbol will be revealed at least once but no more than twice on all non-winning tickets.

2.3 Procedure for Claiming Prizes.

A. To claim a "THE GAME OF LIFE" Instant Game prize of $3.00, $5.00, $8.00, $10.00, $20.00, $35.00, $50.00, $60.00, $75.00, $100, $150 or $350, 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 $35.00, $50.00, $60.00, $75.00, $100, $150 or $350 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 "THE GAME OF LIFE" Instant Game prize of $3,500 or $35,000, 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 "THE GAME OF LIFE" 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 "THE GAME OF LIFE" 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 "THE GAME OF LIFE" 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 6,000,000 tickets in the Instant Game No. 782. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 782- 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. 782 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. 782, 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-200700454

Kimberly Kiplin

General Counsel

Texas Lottery Commission

Filed: February 13, 2007

Instant Game Number 797 "Bonus Break the Bank"

1.0 Name and Style of Game.

A. The name of Instant Game No. 797 is "BONUS BREAK THE BANK". The play style is "key number match with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 797 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 797.

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

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

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, STACK OF BILLS SYMBOL, $1.00, $2.00, $4.00, $5.00, $10.00, $15.00, $20.00, $25.00, $50.00, $100, $500, $1,000, $7,500 or $75,000.

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

Figure 1: GAME NO. 797 - 1.2D

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

Figure 2: GAME NO. 797 - 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 $5.00, $10.00, $15.00 or $20.00.

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

I. High-Tier Prize - A prize of $1,000, $7,500 or $75,000.

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 (797), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 075 within each pack. The format will be: 797-0000001-001.

L. Pack - A pack of "BONUS BREAK THE BANK" Instant Game tickets contains 75 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 001 and back of 075 while the other fold will show the back of ticket 001 and front of 075.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "BONUS BREAK THE BANK" Instant Game No. 797 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 "BONUS BREAK THE BANK" Instant Game is determined once the latex on the ticket is scratched off to expose 38 (thirty-eight) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to any of the LUCKY NUMBERS play symbols within the same game, the player wins prize shown for that number. If a player reveals a money stack play symbol, the player wins the prize shown instantly. 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 38 (thirty-eight) 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 38 (thirty-eight) 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 38 (thirty-eight) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 38 (thirty-eight) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. No duplicate non-winning Your Numbers play symbols on a ticket.

C. No duplicate Lucky Numbers play symbols on a ticket.

D. No more than four like non-winning prize symbols on a ticket.

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

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

G. The auto win symbol will never appear more than once in a game, but may appear once in both games on tickets that win 2 or more times.

H. No Your Number play symbol in one game will match a Lucky Number play symbol in the other game.

2.3 Procedure for Claiming Prizes.

A. To claim a "BONUS BREAK THE BANK" Instant Game prize of $5.00, $10.00, $15.00, $20.00, $50.00, $100 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00, $100 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "BONUS BREAK THE BANK" Instant Game prize of $1,000, $7,500 or $75,000, 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 "BONUS BREAK THE BANK" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human 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 "BONUS BREAK THE BANK" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

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

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

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 15,000,000 tickets in the Instant Game No. 797. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 797- 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. 797 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. 797, 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-200700434

Kimberly Kiplin

General Counsel

Texas Lottery Commission

Filed: February 12, 2007

Instant Game Number 822 "Find the 9's"

1.0 Name and Style of Game.

A. The name of Instant Game No. 822 is "FIND THE 9'S". The play style is "match 3 of 6 with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 822 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 822.

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

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

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

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

Figure 1: GAME NO. 822 - 1.2D

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

Figure 2: GAME NO. 822 - 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, $3.00, $5.00, $9.00 or $19.00.

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

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

J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (822), 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: 822-0000001-001.

L. Pack - A pack of "FIND THE 9'S" 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 146 to 150 will be on the last page with backs exposed. Tickets 001 will be folded over so the front of ticket 001 and 010 will be exposed.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "FIND THE 9'S" Instant Game No. 822 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "FIND THE 9'S" Instant Game is determined once the latex on the ticket is scratched off to expose 6 (six) Play Symbols. If a player reveals 3 matching amounts in the play area the player wins that amount. If a player reveals any 9 play symbols in the play area the player wins the corresponding prize in the prize legend. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

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

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2.2 Programmed Game Parameters.

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

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

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

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

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

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

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

2.3 Procedure for Claiming Prizes.

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

B. To claim a "FIND THE 9'S" Instant Game prize of $999, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "FIND THE 9'S" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "FIND THE 9'S" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "FIND THE 9'S" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code 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 20,160,000 tickets in the Instant Game No. 822. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 822 - 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. 822 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. 822, 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-200700455

Kimberly Kiplin

General Counsel

Texas Lottery Commission

Filed: February 13, 2007

Instant Game Number 824 "Break the Bank"

1.0 Name and Style of Game.

A. The name of Instant Game No. 824 is "BREAK THE BANK". The play style is "key number match with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 824 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 824.

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

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

C. Play Symbol - The printed data under the latex on the front of the ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, $1.00, $2.00, $4.00, $6.00, $10.00, $20.00, $50.00, $200, $1,000, $3,000, $30,000, and MONEYSTACK SYMBOL.

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

Figure 1: GAME NO. 824 - 1.2D

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

Figure 2: GAME NO. 824 - 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 $2.00, $4.00, $6.00, $8.00, $10.00, $12.00 or $20.00.

H. Mid-Tier Prize - A prize of $50.00 or $200.

I. High-Tier Prize - A prize of $1,000, $3,000 or $30,000.

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 (824), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001and end with 125 within each pack. The format will be: 824 -0000001-001.

L. Pack - A pack of "BREAK THE BANK" Instant Game tickets contains 125 tickets, packed in plastic shrink-wrapping and fanfolded in pages of two (2). One ticket will be folded over to expose a front and back of on ticket on each pack. Please note the books will be in an A, B, C and D configuration.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "BREAK THE BANK" Instant Game No. 824 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 "BREAK THE BANK" Instant Game is determined once the latex on the ticket is scratched off to expose 19 (nineteen) play symbols. If the player matches any of YOUR NUMBERS play symbols to any of the 3 LUCKY NUMBERS play symbols, the player wins the prize shown for that number. If the player reveals a "moneystack" symbol, the player wins the prize instantly. 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 19 (nineteen) 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 19 (nineteen) 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 19 (nineteen) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 19 (nineteen) 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. Non-winning prize symbols will not match a winning prize symbol on a ticket.

C. No duplicate Lucky Numbers play symbols on a ticket.

D. There will be no correlation between the matching symbols and the prize amount.

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

F. No duplicate non-winning play symbols on a ticket.

2.3 Procedure for Claiming Prizes.

A. To claim a "BREAK THE BANK" Instant Game prize of $2.00, $4.00, $6.00, $8.00, $10.00, $12.00, $20.00, $50.00 or $200, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not in some cases, required to pay a $50.00 or $200 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "BREAK THE BANK" Instant Game prize of $1,000, $3,000 or $30,000, 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 "BREAK THE BANK" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 25,200,000 tickets in the Instant Game No. 824. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 824 - 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 824 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. 824, 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-200700435

Kimberly Kiplin

General Counsel

Texas Lottery Commission

Filed: February 12, 2007

Texas Board of Professional Engineers

Policy Advisory Opinion Regarding Comprehensive Building Design - February 8, 2007

The Texas Board of Professional Engineers is given authority to issue Advisory Opinions under Subchapter M, Chapter 1001 of the Occupations Code (Texas Engineering Practice Act). The Board is required to issue an advisory opinion about interpretations of the Texas Engineering Practice Act in regard to a specific existing or hypothetical factual situation if requested by a person and to respond to that request within 180 days. Pursuant to that requirement, the Board hereby presents the following final Policy Advisory Opinion regarding Comprehensive Building Design. The Board, upon a written request to issue a Policy Advisory regarding the engineering aspects of comprehensive building design, has developed a stakeholder process to gather information from professional engineers, architects and consultants. The Texas Board of Professional Engineers approved the "Policy Advisory Opinion Regarding Comprehensive Building Design" on February 8, 2007 in a public meeting.

Executive Summary: The Texas Board of Professional Engineers (Board) has been asked to determine if the practice of engineering includes comprehensive and complete design of buildings by a competent engineer without the services of an architect. Attorney General (AG) Greg Abbott has released an opinion (GA-391) which provides additional information related to this policy advisory. The AG opinion states that building design can be performed exclusively by an engineer if the "adequate performance of the particular service or work in connection with that project requires a person with engineering education, training, and experience." The opinion goes on to state that "whether an adequate performance of a particular service or work requires a person with engineering education, training, and experience is a question of fact."

The Board has determined pursuant to the Advisory Opinion process outlined in Texas Administrative Code, Title 22, Part 6, Chapter 131, Subchapter G, based on the present statute and rules, in addition to Attorney General opinions DM-161 and GA-391, that an engineer may engage in comprehensive and complete building design of a project without the involvement of an architect if the adequate performance of the particular service or work in connection with that project requires a person with engineering education, training, and experience.

The Board does recognize that architects have broad authority to manage and oversee building projects, which may include building design. Nothing in this opinion is intended to limit an architect's ability under their statutory authorization.

Discussion: The statute under Texas Occupations Code - Title 6, Subtitle A, Chapter 1001 (§1001.003) also known as the Texas Engineering Practice Act (Act), specifies that design is the practice of engineering and that a building is listed in conjunction with design under this section of the law. This opinion is based on the information contained in the Act as it relates to engineers, while not prohibiting building design by architects who are bound by the laws and rules of the Texas Board of Architectural Examiners (TBAE). The Act defines what is engineering and an excerpt from the beginning of the law in §1001.003 explains, in part:

Section 1001.003. Practice of Engineering

(c) The practice of engineering includes:

(10) a service, design, analysis, or other work performed for a public or private entity in connection with a utility, structure, building, machine, equipment, process, system, work, project, or industrial or consumer product or equipment of a mechanical, electrical, electronic, chemical, hydraulic, pneumatic, geotechnical, or thermal nature;

Buildings can be grouped into public works and private works as mentioned in various sections of the Act. This separation allows for further clarification of applicable law as it relates to these two categories. Engineering aspects of a public works project must be designed and constructed under the supervision of a licensed professional engineer, unless exempted under the Act.

When is building design exempted under the Act?

Under the Act there are several sections that provide exemptions from the licensure requirements when working on building projects. Specifically, §1001.053 contains some specific exemptions from the Act for public works projects, depending on the type of project and monetary value. Also, §1001.056 describes building projects for the private sector and defines when an engineer is not required to be involved with the building project.

Legislative Intent

Under §1001.004(b) of the Act, there is a description of the legislative purpose and intent as follows:

(b) The purpose of this chapter is to:

(1) protect the public health, safety, and welfare;

(2) enable the state and the public to identify persons authorized to practice engineering in this state; and

(3) fix responsibility for work done or services or acts performed in the practice of engineering.

In addition to specifying the purpose and intent of the statute, there are sections that also allow other individuals to perform work without being in violation of the Act. In other words, architects may design buildings without creating a situation where there would necessarily be a violation of the Act; however, the laws and rules of the TBAE would still apply to them, unless exempted. This is addressed in §1001.004(e) of the Act:

(e) This chapter does not:

(1) affect or prevent the practice of any other legally recognized profession by a member of the profession who is licensed by the state or under the state's authority.

Texas Engineering Practice Act Authority

The Board has the authority to issue an advisory opinion as stated in §1001.601 but, under §1001.603, it does not affect the authority of the Attorney General to issue an opinion as authorized by law. Attorney General opinion DM-161 dated August 27, 1992, relating to the construction of Section 16 of Article 249a V.T.C.S., the act regulating the practice of architecture, was requested by TBAE. In that opinion, Attorney General Dan Morales opined that the professions of architects and engineers overlap. In summary, General Morales opined that the statute regulating the practice of architecture "does not bar a licensed professional engineer licensed under article 3271a, V.T.C.S., (the predecessor to the current Engineering Practice Act) from preparing plans and specifications, the preparation of which requires the application of engineering principles and the interpretation of engineering data" for a public building. In other words, a professional engineer is not prohibited from being the design professional for construction or modification of buildings. Attorney General Opinion GA-391 dated January 10, 2006, further addresses the issue of overlap between the professions of architects and engineers concerning building design. General Abbott states that whether an engineer may engage in comprehensive and complete building design without the involvement of an architect "depend[s] on whether the adequate performance of the particular service or work in connection with that project requires a person with engineering education, training, and experience". He further states that "whether adequate performance of a particular service or work requires a person with engineering education, training, and experience is a question of fact."

TRD-200700404

Dale Beebe Farrow, P.E.

Executive Director

Texas Board of Professional Engineers

Filed: February 12, 2007

Policy Advisory Opinion Regarding Record (As-Built) Drawings - February 8, 2007

The Texas Board of Professional Engineers is given authority to issue Advisory Opinions under Subchapter M, Chapter 1001 of the Occupations Code (Texas Engineering Practice Act). The Board is required to issue an advisory opinion about interpretations of the Texas Engineering Practice Act in regard to a specific existing or hypothetical factual situation if requested by a person and to respond to that request within 180 days. Pursuant to that requirement, the Board hereby presents the following final Policy Advisory Opinion regarding Record (As-Built) Drawings. The Board, upon a written request to issue a Policy Advisory regarding the engineering aspects of record drawings, has developed a stakeholder process to gather information from professional engineers, architects and consultants. The Texas Board of Professional Engineers approved the "Policy Advisory Opinion Regarding Record (As-Built) Drawings" on February 8, 2007 in a public meeting.

Executive Summary: The Texas Board of Professional Engineers (Board) frequently gets asked questions regarding record (as-built) drawings for construction projects. The Board has determined pursuant to the Policy Advisory Opinion process outlined in the Texas Administrative Code, Title 22, Part 6, Chapter 131, Subchapter G, these questions can be answered based on the present statute and rules. Signing and sealing record (as-built) drawings is not generally an issue for public works projects since the Texas Engineering Practice Act (Act) requires a professional engineer to design and provide direct supervision of the engineering construction. Some projects may start out as a private construction project and then are later annexed by a municipality and become a public works project (water treatment facilities, subdivision infrastructure, etc). The city then requires that the record drawings be signed and sealed by a professional engineer. If the professional engineer was not involved in the construction phase of the project, they are very limited in what they can sign and seal. An engineer will only be able to attest to the accuracy of the drawings based on what they can actually confirm or observe after the fact. An engineer may include a caveat on the drawings with a notation stating their limited responsibility.

Statutory language: §1001.407. Construction of Certain Public Works

The state or a political subdivision of the state may not construct a public work involving engineering in which the public health, welfare, or safety is involved, unless:

(1) the engineering plans, specifications, and estimates have been prepared by an engineer; and

(2) the engineering construction is to be performed under the direct supervision of an engineer.

Public works: The Board has identified specific examples of projects that are considered public works. The attorney general has issued several opinions that include the following definition:

The term "public works" embraces all construction and improvements, ordinarily of a fixed nature, designed for public use, protection or enjoyment. Clearly included among public works are bridges, school buildings, waterworks, dams, sewers, canals and channels, levees and sea walls, wharves and piers, irrigation, reclamation and drainage projects, and highways and streets.

An engineer is required for the direct supervision of construction on all public works projects. These engineers are allowed to seal as-built drawings. Public works projects that do not meet the exemptions listed in the statute require the involvement of a licensed professional engineer.

What construction drawings would be exempted under the Act? In Subchapter B of the Act there are several sections that provide exemptions from the licensing requirements when working on building projects. Specifically, §1001.053 contains some specific exemptions from the Act for public works projects, depending on the type of project and monetary value. Also, §1001.056 lists specific building projects for the private sector when an engineer is not required to be involved with the building project. Therefore, projects of this type would not require the involvement of a license professional engineer.

Discussion: The Board frequently gets asked whether record (as-built) drawings need to be sealed by a professional engineer. There are situations in which an engineer may not be involved in the direct supervision of a construction project, but an official may require the "as-built" plans to be sealed. An engineer will only be able to attest to the accuracy of the drawings with a notation as to what he can actually confirm or observe. An engineer should not seal a record drawing that represents changes that he did not actually observe during construction. The Board does not consider documentation of what was actually constructed to be engineering. An engineer may include a caveat on such drawings with a notation, similar to that shown below, as to what he can actually confirm based on the information he can obtain through observation, interviews, samples, and other useful information. As an alternative he may choose to seal and sign a cover letter stating what he has determined to be "as-built" through his own research and attach it to the drawings or plans. The caveat should include the location of the signed and sealed design drawings. An example caveat may be written as follows:

This record drawing is a compilation of a copy of the sealed engineering drawing for this project; modified by addenda, change orders, and information furnished by the contractor. The information shown on the record drawings that was provided by the contractor or others not associated with the design engineer cannot be verified for accuracy or completeness. The original sealed drawings are on file at the offices of...

Conclusion: Professional engineers should inform their clients that an engineer is required to be involved in direct supervision of the engineering construction for public works projects as noted in the statute, §1001.407. Engineers should recommend to their clients that a licensed professional engineer be engaged to provide direct supervision of construction projects for private works that affect human health and safety. There are a number of projects that may become public through annexation or other means such as underground utilities and infrastructure, which directly affect public health and safety. In addition, development that occurs near urban areas needs professional engineering involvement during construction since the municipality will later require sealed record drawings. Licensed professional engineers are not obligated to seal record drawings. An engineer has the option of sealing the drawings with or without the caveat but can only seal what they personally observed or supervised.

TRD-200700405

Dale Beebe Farrow, P.E.

Executive Director

Texas Board of Professional Engineers

Filed: February 12, 2007

Public Utility Commission of Texas

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 February 6, 2007, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Brydels Communications, LLC d/b/a AMIGOS - Tu Compania de Telefonos for a Service Provider Certificate of Operating Authority, Docket Number 33848 before the Public Utility Commission of Texas.

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

Applicant's requested SPCOA geographic area includes the geographic area of Texas currently served by AT&T Texas and Verizon Southwest.

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 February 28, 2008. 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 33848.

TRD-200700387

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 9, 2007

Notice of Application to Amend Certificated Service Area Boundaries in Kerr County, Texas

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on February 6, 2007, for an amendment to certificated service area boundaries within Kerr County, Texas.

Docket Style and Number: Joint Application of Kerrville Public Utility Board and Central Texas Electric Cooperative, Inc. for an Amendment for Service Area Boundaries within Kerr County. Docket Number 33850.

The Application: Kerrville Public Utility Board (KPUB) and Central Texas Electric Cooperative, Inc. (CTEC) request a service area boundary amendment to allow KPUB to serve the entire Phase 2, Section 2 of the Cypress Springs Subdivision. CTEC is in full agreement with the territory amendment. The amount of money expected to be expended on new facilities if the application is granted is approximately $150,000.00.

Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas no later than March 2, 2007 by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 33850.

TRD-200700386

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 9, 2007

Public Notice of Workshop - Rulemaking Relating to Advanced Metering

The staff of the Public Utility Commission of Texas (commission) will hold a technical workshop for the Rulemaking Related to Advanced Metering, on Friday, February 23, 2007, at 10:00 a.m. in Hearing Room Gee, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 31418, Rulemaking Relating to Advanced Metering, has been established for this proceeding. The purpose of this workshop is to discuss the settlement language in the proposed rule. Questions concerning the workshop or this notice should be referred to Christine Wright, Retail Market Analyst, Electric Industry Oversight, (512) 936-7376. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200700452

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 13, 2007

Public Notice of Workshops Project 31418 - Rulemaking Relating to Advanced Metering

The staff of the Public Utility Commission of Texas (commission) will hold workshops on Thursday, March 22, and Friday, March 23, 2007, at 9:30 a.m. in the Commissioners' Hearing Room, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 31418, Rulemaking Relating to Advanced Metering, has been established for this proceeding. The purpose of these workshops is to discuss the proposed rule issued on October 30, 2006. Questions concerning the workshops or this notice should be referred to Christine Wright, Retail Market Analyst, Electric Industry Oversight, (512) 936-7376. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200700483

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 14, 2007

Rains County

Notice of Public Hearing and Request for Comments and Proposals: Additional Medicaid Beds

Texas Department of Aging and Disability Services (DADS) Rule 40 TAC §19.2333(h)(6) permits the county commissioners court of a rural county with a population of less than 100,000 and with no more than two Medicaid-Certified nursing facilities to request that DADS contract for additional Medicaid nursing facility beds in that county. This may be done without regard to the occupancy rate of available beds in the county. Qualifying under these guidelines, the Rains County Commissioners Court is considering requesting that DADS contract for additional Medicaid nursing facility beds in Rains County. The Commissioners Court is:

--seeking public input and comments on whether a new Medicaid nursing facility should be requested;

--seeking proposals from persons or entities interested in providing additional Medicaid-certified beds in Rains County, including persons or entities currently operating Medicaid-certified facilities with high occupancy rates.

Persons or entities that submit false information will be eliminated from the process.

Comments and proposals will be heard during a Public Hearing held on February 22, 2007, at 9:00 a.m. in the Rains County Courthouse Annex.

Written comments and proposals may be submitted to Judge Joe R. Dougherty at 337 North Street, P.O. Box 158, Emory, Texas 75440 by 4:30 p.m. CST on February 28, 2007.

TRD-200700433

Joe R. Dougherty

Rains County Judge

Rains County

Filed: February 12, 2007

The University of Texas System

Award of Consultant Contract Notification

The University of Texas System Administration ("University"), in accordance with the provisions of Texas Government Code , Chapter 2254, entered into a contract for consulting services (the "Contract") with Mercer Human Resources Consulting ("Consultant") as more particularly described in the invitation to consultants to provide offers of consulting services (the "Invitation"), published in the Texas Register on October 30, 2006.

Project Description:

In accordance with the Invitation and Consultant's response thereto, Consultant shall provide University with an executive compensation study.

Name and Address of Consultant:

Mercer Human Resource Consulting, 10 South Wicker Drive, Suite 1600, Chicago, IL 60606

Total Value of the Contract:

$121,000

Contract Dates:

The Contract was executed by Consultant on January 30, 2007 and by University on February 6, 2007, and dated effective January 19, 2007.

Due Dates for Contract Products:

The Executive Compensation Study shall be completed and delivered to University no later than May 31, 2007.

The term of the Contract shall terminate on December 31, 2009.

TRD-200700370

Francie A. Frederick

General Counsel to Board of Regents

The University of Texas System

Filed: February 9, 2007

Amendment of Consultant Contract Notification

The University of Texas System ("University"), in accordance with the provisions of Texas Government Code , Chapter 2254, has amended and extended a contract for consulting services (the "Contract") with Paul J. Youngdale ("Consultant") as more particularly described in the Notice Before Entering into Major Consulting Services Contract (the "Invitation"), published in the Texas Register on December 15, 2006 (31 TexReg 10205).

Project Description:

In accordance with the Invitation and Consultant's response thereto, Consultant shall provide University with planned giving consulting. Mr. Youngdale will be available to the development staff at UT institutions to answer questions, provide training, accompany gift officers on visits with donors, and assist with other planned giving opportunities.

Name and Address of Consultant:

Paul J. Youngdale, 1610 Gaston Avenue, Austin, TX 78703

Total Value of the Contract:

$24,000 per annum from appropriated funds (ASF) + not more than $20,000 for travel expenses to be paid from local funds by institutions requesting consultant's services.

Due Dates for Contract Products:

Consultation with and training of U.T. development staff will be an ongoing responsibility.

Contract Dates:

The Contract Amendment was executed by Consultant on January 22, 2007, and by University on January 25, 2007. The contract can be terminated on 30 days' advance written notice by either party.

TRD-200700371

Francie A. Frederick

General Counsel to Board of Regents

The University of Texas System

Filed: February 9, 2007

Texas Water Development Board

Applications Received

Pursuant to the Texas Water Code, Section 6.195, the Texas Water Development Board provides notice of the following applications received by the Board:

Panhandle Groundwater Conservation District, 201 West Third Street, P.O. Box 637, White Deer, Texas, 79097, received December 4, 2006, application for financial assistance in the amount of $500,000 from the Agricultural Water Conservation Loan Program.

Angelina and Neches River Authority, P.O. Box 387, 210 Lufkin Avenue, Lufkin, Texas, 75902, received August 28, 2006, application for an increase in financial assistance not to exceed $5,735,000 for a total commitment of $15,735,000 from the State Participation Account and Storage Acquisition Fund.

El Paso County Tornillo Water Improvement District, P.O. Box 136, Tornillo, Texas, 79853, received December 23, 2005, application for an increase in financial assistance in the amount of $8,195,621 grant/loan for a total commitment of $13,722,840 from the Economically Distressed Areas Program.

Flying L Ranch Public Utility District, 234 Briarwood Circle, Bandera, Texas, 78003, received December 1, 2006, application for financial assistance in the amount of $400,000 from the Texas Water Development Funds.

City of Cisco, 500 Conrad Hilton Avenue, P.O. Box 110, Cisco, Texas, 76437, received December 4, 2006, application for financial assistance in the amount of $2,905,000 from the Drinking Water State Revolving Fund - Disadvantaged Community Program.

Greater Texoma Utility Authority, on behalf of the City of Pottsboro, 5100 Airport Drive, Denison, Texas, 75020, received November 30, 2006, application for financial assistance in the amount of $1,745,000 from the Drinking Water State Revolving Fund.

City of Alba, P.O. Box 197, Alba, Texas, 75410, received November 30, 2006, application for financial assistance in the amount of $1,130,000 from the Drinking Water State Revolving Fund - Disadvantaged Community Program.

Houston County Water Control and Improvement District No. 1, P.O. Box 1246, Crocket, Texas, 75835, received November 27, 2006, application for financial assistance in the amount of $6,000,000 from the Drinking Water State Revolving Fund - Disadvantaged Community Program.

Seis Lagos Utility District, 220 Seis Lagos Trail, Wylie, Texas, 75098, received November 30, 2006, application for financial assistance in the amount of $1,360,000 from the Drinking Water State Revolving Fund.

Bright Star-Salem Water Supply Corporation, P.O. Box 620, Alba, Texas, 75410, received November 20, 2006, application for financial assistance in the amount of $5,930,000 from the Drinking Water State Revolving Fund.

Golden Water Supply Corporation, P.O. Box 148, Golden, Texas, 75444-0148, received November 14, 2006, application for financial assistance in the amount of $1,070,000 from the Drinking Water State Revolving Fund.

Lamar County Water Supply District, P.O. Box 188 (184 CR 32180), Brookston, Texas, 75421-0188, received November 16, 2006, application for financial assistance in the amount of $3,180,000 from the Drinking Water State Revolving Fund - Disadvantaged Community Program.

Lower Valley Water District, 1557 FM Road 1110, Clint, Texas, 79863, received November 28, 2006, application for financial assistance in the amount of $10,245,000 from the Drinking Water State Revolving Fund.

Harris County Municipal Utility District No. 50, c/o The GMS Group, L.L.C., 5075 Westheimer, Suite 1175, Houston, Texas, 77056-5606, received July 19, 2006, application for financial assistance in the amount of $1,500,000 from the Clean Water State Revolving Fund.

Porter Special Utility District, 22162 Water Well Road, Porter, Texas, 77365-5380, received November 29, 2006, application for financial assistance in the amount of $1,625,000 from the Drinking Water State Revolving Fund.

City of Trinidad, P.O. Box 345, Trinidad, Texas, 75163-0345, received November 16, 2006, application for financial assistance in the amount of $780,000 from the Clean Water State Revolving Fund - Disadvantaged Community Program.

City of Trinidad, P.O. Box 345, Trinidad, Texas, 75163-0345, received November 16, 2006, application for financial assistance in the amount of $410,000 from the Drinking Water State Revolving Fund - Disadvantaged Community Program.

City of Winters, 310 South Main, Winters, Texas, 79567, received November 30, 2006, application for financial assistance in the amount of $1,680,000 from the Drinking Water State Revolving Fund - Disadvantaged Community Program.

Bolivar Peninsula Special Utility District, P.O. Box 1398, Crystal Beach, Texas, received November 30, 2006, application for financial assistance in the amount of $5,785,000 from the Drinking Water State Revolving Fund.

Lake Livingston Water Supply and Sewer Service Corporation, 1930 North Washington, P.O. Box 1149, Livingston, Texas, 77351, received December 18, 2006, application for financial assistance in the amount of $17,500,000 from the Drinking Water State Revolving Fund -Disadvantaged Community Program.

City of Roscoe, 115 Cypress Street, P.O. Box 340, Roscoe, Texas, 79545, received December 15, 2006, application for financial assistance in the amount of $1,560,000 from the Clean Water State Revolving Fund - Disadvantaged Community Program.

Chatt Water Supply Corporation, Route 1, Box 265, Hillsboro, Texas, 76645, received November 2, 2006, application for financial assistance in the amount of $220,000 from the Rural Water Assistance Fund.

City of Commerce, 1119 Alamo Street, Commerce, Texas, 75428, received December 1, 2006, application for financial assistance in the amount of $2,005,000 from the Clean Water State Revolving Fund - Disadvantaged Community Program.

City of Fairfield, 222 South Mount Street, Fairfield, Texas, 75840, received November 30, 2006, application for financial assistance in the amount of $1,500,000 from the Drinking Water State Revolving Fund.

City of Groesbeck, 402 West Navasota, Groesbeck, Texas, 76642, received November 28, 2006, application for financial assistance in the amount of $2,000,000 from the Clean Water State Revolving Fund - Disadvantaged Community Program.

City of Hamilton, 200 East Main, Hamilton, Texas, 76531, received November 21, 2006, application for financial assistance in the total amount of $1,474,000 from the Drinking Water State Revolving Fund - Disadvantaged Community Program.

City of Midlothian, 104 West Avenue E, Midlothian, Texas, 76065, received November 20, 2006, application for financial assistance in the amount of $25,010,000 from the Drinking Water State Revolving Fund.

Sandy Land Underground Water Conservation District, 1012 Avenue F, P.O. Box 130, Plains, Texas, 79355, received January 29, 2007, application for financial assistance in the amount of $500,000 from the Agricultural Water Conservation Loan Program.

City of Higgins, 201 North Main, P.O. Box 56, Higgins, Texas, 79046, received December 4, 2006, application for financial assistance in the amount of $215,000 from the Rural Water Assistance Fund.

City of Marfa, 113 South Highland Street, P.O. Box 787, Marfa, Texas, 79843, received December 11, 2006, application for financial assistance in the amount of $1,265,000 from the Clean Water State Revolving Fund - Disadvantaged Community Program.

Red River County Water Supply Corporation, 1404 East Main Street, Clarksville, Texas, 75426, received November 30, 2006, application for financial assistance in the amount of $4,860,000 from the Drinking Water State Revolving Fund.

City of Sonora, 201 East Main, Sonora, Texas, 76950, received November 29, 2006, application for financial assistance in the amount of $3,000,000 from the Drinking Water State Revolving Fund.

City of Sonora, 201 East Main, Sonora, Texas, 76950, received November 29, 2006, application for financial assistance in the amount of $6,000,000 from the Clean Water State Revolving Fund.

Wellborn Special Utility District, 4118 Greens Prairie Road, Wellborn, Texas, 77881, received November 27, 2006, application for financial assistance in the amount of $3,500,000 from the Drinking Water State Revolving Fund.

City of Winters, 310 South Main, Winters, Texas, 79567, received November 30, 2006, application for financial assistance in the amount of $655,000 from the Clean Water State Revolving Fund.

R.W. Harden and Associates, Inc. 3400 Executive Center Drive, No. 228, Austin, Texas, 78731, received February 7, 2007, application for an increase in financial assistance in the amount of $25,000 from the Research and Planning Fund.

TRD-200700493

Jonathan Steinberg

Deputy Counsel

Texas Water Development Board

Filed: February 14, 2007