Texas State Affordable Housing Corporation

Notice of Public Hearing Regarding the Issuance of Bonds

Notice is hereby given of a public hearing to be held by the Texas State Affordable Housing Corporation (the "Issuer") at 12:00 p.m. on July 16, 2007 at 1005 Congress Avenue, Suite 500 (Conference Room), Austin, Texas 78701, on the proposed issuance by the Issuer of one or more series of revenue bonds (the "Bonds") to provide financing and refinancing for the acquisition of single family mortgages in the State of Texas, pursuant to (i) its professional educators home loan program (the "Professional Educators Project"), (ii) its fire fighter and law enforcement or security officer home loan program (the "Fire Fighter and Law Enforcement or Security Officer Project") and (iii) its low income home loan program (the "Low Income Project") in accordance with Section 2306.553 of the Texas Government Code. The maximum aggregate face amount of the Bonds to be issued with respect to the Projects is $100,000,000. All interested persons are invited to attend the public hearing to express orally, or in writing, their views on the Professional Educators Project, the Fire Fighter and Law Enforcement or Security Officer Project, the Low Income Project and the issuance of the Bonds. The Bonds shall not constitute or create an indebtedness, general or specific, or liability of the State of Texas, or any political subdivision thereof. The Bonds shall never constitute or create a charge against the credit or taxing power of the State of Texas, or any political subdivision thereof. Neither the State of Texas, nor any political subdivision thereof shall in any manner be liable for the payment of the principal of or interest on the Bonds or for the performance of any agreement or pledge of any kind which may be undertaken by the Issuer and no breach by the Issuer of any agreements will create any obligation upon the State of Texas, or any political subdivision thereof. Further information with respect to the proposed Bonds will be available at the hearing or upon written request prior thereto addressed to David Long at the Texas State Affordable Housing Corporation, 1005 Congress Avenue, Suite 500, Austin, Texas 78701; 1-888-638-3555 ext. 402.

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

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

TRD-200702538

David Long

President

Texas State Affordable Housing Corporation

Filed: June 20, 2007

Request for Proposal

The Texas Building and Procurement Commission (TBPC), on behalf of the Department of Family and Protective Services, announces the issuance of Request for Proposals (RFP) #303-7-11938. TBPC seeks a five or a ten year lease of approximately 23,290 square feet of office space in the Austin area, Travis County, Texas.

The deadline for questions is June 29, 2007 and the deadline for proposals is July 13, 2007 at 3:00 PM. The award date is July 27, 2007. TBPC reserves the right to accept or reject any or all proposals submitted. TBPC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits TBPC to pay for any costs incurred prior to the award of a grant.

Parties interested in submitting a proposal may obtain information by contacting TBPC Purchaser Myra Beer at (512) 463-5773. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.tbpc.state.tx.us/1380/bid_show.cfm?bidid=71255.

TRD-200702486

Susan Maldonado

Acting General Counsel

Texas Building and Procurement Commission

Filed: June 18, 2007

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 June 8, 2007, through June 14, 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 this activity extends 30 days from the date published on the Coastal Coordination Council web site. The notice was published on the web site on June 20, 2007. The public comment period for this project will close at 5:00 p.m. on July 20, 2007.

FEDERAL AGENCY ACTIONS:

Applicant: Palace Exploration; Location: The project is located in East Matagorda Bay, in Matagorda County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Palacios SE, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 785820; Northing: 3167697. Project Description: This project was previously coordinated under permit application 23919, which was placed on Public Notice on 23 May 2006. Permit 23919 was subsequently withdrawn. The application has been resubmitted and given tracking number SWG-2007-917. The applicant proposes to install, operate, and maintain structures and equipment necessary for oil and gas drilling and production. The applicant proposes to dredge an 18,010-foot-long access channel and a 160-foot by 340-foot-long work area to accommodate a marine drilling barge and 210-foot by 60-foot by 2-foot shell pad, with 934 cubic yards of shell and gravel placed to create the pad. Approximately 59,969 cubic yards of bay bottom material will be dredged to create the access channel. The applicant proposes to side cast this material in segments ranging from 67 feet to 125 feet wide, and 0.5 feet deep, immediately adjacent to the access channel. The access channel will dog-leg to the south to avoid existing oyster reefs and shell hash in State Tract 274. If the well proves productive, a well protector platform will be constructed with attendant facilities. Expected well life is 10 years. Depth along the project site ranges from -8.29 feet below mean lower low water (MLLW) at the start of the proposed access channel, to -6.29 feet MLLW at the proposed well site. The access channel is proposed to be dredged to a maximum of -9.10 MLLW (dredging 0.81 feet) at the start of the access channel and -8.29 MLLW (dredging 2 feet) at the well site. Maximum draft of vessels traversing the access route is -7.5 feet. The applicant proposes to let the dredged area settle and repopulate naturally. As such, no compensatory mitigation is proposed. CCC Project No.: 07-0201-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-917 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: Rosetta Resources Operating, L. P.; Location: The project is located within Sabine Lake, in portions of State Tracts (ST's) 30, 33, 36, and 39 in Jefferson County, Texas, and State Lease (SL) 19071, in Cameron Parish, Louisiana. The project can be located on the U.S.G.S. quadrangle maps entitled: Port Arthur North and Port Arthur South, Texas. Approximate (mid-point) UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 415301; Northing: 3305803. Project Description: The applicant proposes to install three 10-inch-diameter pipelines associated with well sites within Sabine Lake ST's 30, 33, 36, and 39 and SL 19071 in Cameron Parish, Louisiana. The work consists of installing, operating, and maintaining 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.: 07-0208-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-586 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: Sunset Development, Inc.; Location: The project is located in wetlands adjacent to Seabrook Slough, on a 3.6-acre tract southwest of the Todville Road and Hammer Street intersection, in Harris County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: League City, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 304814; Northing: 3272203. Project Description: The proposed project was announced in a public notice, which had a comment period that expired on 22 March 2007. Based on comments received from the public notice, the applicant chose to modify the site development plan to avoid impacts to a portion of the jurisdictional waters of the U.S. on the project site. The proposed mitigation plan and site development plan also changed due to comments from the original public notice. The applicant proposes to discharge 702.61 cubic yards of fill material into 0.874 acre of waters of the U.S. to construct a single-family residential development. The 0.874 acre of impact to jurisdictional waters of the U.S. is comprised of 0.83 acre of emergent wetlands, 0.03 acre of a headwater, and 0.014 acre of intertidal open waters. The applicant proposes to compensate for impacts to 0.874 acre of waters of the U.S. by creating 0.01 acre of intertidal open waters onsite and purchase 0.86 acre credits at the Greens Bayou Wetland Mitigation Bank. The proposed onsite mitigation area, 0.01 acre of intertidal open water creation, would be excavated to the same elevation as the adjacent intertidal open water and planted with desirable hydrophytic vegetation, which would also assist in onsite water quality functions. CCC Project No.: 07-0209-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-26 (Rev.) is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344).

Applicant: Gary Hammett; Location: The project is located on Lots 1401 and 1402, Section 12, at 3910 Brewster Key in the Sea Isle residential subdivision, on the west end of Galveston Island, Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Sea Isle, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 301015; Northing: 3225719. Project Description: The applicant proposes to fill an existing 24-foot-wide by 25-foot-long boat slip that is shared by two lots. The applicant proposes to place 66 cubic yards of fill below the highest annual tide line (HTL) to fill the slip. Depth at the project site ranges from -2.5 feet below the HTL at the landward end of the slip to -3.3 feet below the HTL at the terminus of the slip. No wetlands will be impacted by the proposed project. CCC Project No.: 07-0209-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-376 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344).

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

Further information on the applications listed above may be obtained from 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-200702521

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: June 19, 2007

Notice of Request for Proposals

Pursuant to Chapter 2254, Subchapter B, and §403.301 and §403.3011, Texas Government Code; §5.102, Property Tax Code; and Chapter 271, Local Government Code, the Comptroller of Public Accounts (Comptroller) announces the issuance of a Request for Proposals (RFP #179a) from qualified, independent firms to provide pooled consulting services to the Comptroller. The successful respondent(s) will assist the Comptroller in conducting Appraisal Standards Reviews (ASR) of up to thirty-six (36) county appraisal districts throughout the state, as well as nineteen (19) follow-up reviews on an as-needed, as requested basis. The Comptroller reserves the right to select multiple contractors to participate in conducting the ASRs on a "pooled" basis, as set forth in the RFP. The successful respondent(s) will be expected to begin performance of the contract or contracts, if any, on or about September 1, 2007, or as soon thereafter as practical.

Contact: Parties interested in submitting a proposal should contact William Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., ROOM G-24, Austin, Texas, 78774 (Issuing Office), telephone number: (512) 305-8673, to obtain a copy of the RFP. The Comptroller will mail copies of the RFP only to those specifically requesting a copy. The RFP was made available for pick-up at the above-referenced address on Friday, June 29, 2007, after 10:00 a.m., Central Zone Time (CZT) and during normal business hours thereafter. The Comptroller also made the complete RFP available electronically on the Electronic State Business Daily at: http://esbd.tbpc.state.tx.us after 10:00 a.m. (CZT) on Friday, June 29, 2007.

Non-Mandatory Letters of Intent and Questions: All Non-Mandatory Letters of Intent and questions regarding the RFP must be sent via facsimile to Mr. Harris at: (512) 463-3669, not later than 2:00 p.m. (CZT), on Friday, July 13, 2007. Official responses to questions received by the foregoing deadline will be posted electronically on the Electronic State Business Daily no later than Friday, July 20, 2007, or as soon thereafter as practical. Non-Mandatory Letters of Intent or Questions received after the deadline will not be considered. Respondents shall be solely responsible for confirming the timely receipt of Non-Mandatory Letters of Intent and Questions in the Issuing Office.

Closing Date: Proposals must be received in the Assistant General Counsel's Office at the address specified above (ROOM G-24) no later than 2:00 p.m. (CZT), on Friday, July 27, 2007. Proposals received after this time and date will not be considered. Proposals will not be accepted from respondents that do not submit proposals by the foregoing deadline. Respondents shall be solely responsible for confirming the timely receipt of proposals in the Issuing Office.

Evaluation and Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria and procedures set forth in the RFP. The Comptroller will make the final decision regarding the award of master contracts for assignments from the pool selected, if any. The Comptroller reserves the right to award one or more contracts under this RFP. The Comptroller reserves the right to accept or reject any or all proposals submitted. The Comptroller is under no legal or other obligation to execute any contracts on the basis of this notice or the distribution of any RFP. The Comptroller shall not pay for any costs incurred by any entity in responding to this Notice or the RFP.

The anticipated schedule of events is as follows: Issuance of RFP - June 29, 2007, after 10:00 a.m. CZT; Non-Mandatory Letters of Intent and Questions Due - July 13, 2007, 2:00 p.m. CZT; Official Responses to Questions Posted - July 20, 2007, or as soon thereafter as practical; Proposals Due - July 27, 2007, 2:00 p.m. CZT; Contract Execution - September 1, 2007, or as soon thereafter as practical; Commencement of Project Activities - September 1, 2007, or as soon thereafter as practical.

TRD-200702537

Pamela Smith

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: June 20, 2007

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 06/25/07 - 07/01/07 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 06/25/07 - 07/01/07 is 18% for Commercial over $250,000.

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

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

¹ Credit for personal, family, or household use.

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

TRD-200702528

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: June 19, 2007

Application for a Merger or Consolidation

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

An application was received from City Credit Union (Dallas) seeking approval to merge with Dallas Area Rapid Transit (DART) Federal Credit Union (Dallas). City Credit Union will be the surviving credit union.

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

TRD-200702533

Harold E. Feeney

Commissioner

Credit Union Department

Filed: June 20, 2007

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

An application was received from Qualtrust Credit Union (#1), Irving, Texas to expand its field of membership. The proposal would permit persons who live, work, worship, volunteer or attend school in, businesses and other legal entities located within a 10-mile radius of the Qualtrust Credit Union member service facility located at 2100 W. Northwest Highway, Grapevine, Texas 76051, to be eligible for membership in the credit union.

An application was received from Qualtrust Credit Union (#2), Irving, Texas to expand its field of membership. The proposal would permit persons who live, work, worship, volunteer or attend school in, businesses and other legal entities located within a 10-mile radius of the Qualtrust Credit Union member service facility located at 6201 E. Campus Circle Drive, Irving, Texas persons who live, work, worship, volunteer or attend school in, businesses and other legal entities located within a 10-mile radius of the Qualtrust Credit Union member service facility located at 2100 W. Northwest Highway, Grapevine, Texas 76051, to be eligible for membership in the credit union.

An application was received from MemberSource Credit Union, Houston, Texas to expand its field of membership. The proposal would permit employees of Spectra Energy Corp. and their subsidiaries, affiliates, or successors, who work in, are paid or supervised from Houston, Texas, to be eligible for membership in the credit union.

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

TRD-200702532

Harold E. Feeney

Commissioner

Credit Union Department

Filed: June 20, 2007

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

Memorial Hermann Credit Union, Houston, Texas - See Texas Register issue dated April 27, 2007.

Applications to Amend Articles of Incorporation - Approved

Beaumont Municipal Employees Credit Union, Beaumont, Texas - See Texas Register issue dated April 27, 2007.

TRD-200702534

Harold E. Feeney

Commissioner

Credit Union Department

Filed: June 20, 2007

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 July 30, 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 July 30, 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: Apex of Texas Homes, LP; DOCKET NUMBER: 2007-0682-WQ-E; IDENTIFIER: RN105031082; LOCATION: Keene, Johnson County, Texas; TYPE OF FACILITY: single-family home construction site; RULE VIOLATED: 30 Texas Administrative Code (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: $2,100; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: Bayer Materials Science LLC; DOCKET NUMBER: 2007-0400-AIR-E; IDENTIFIER: RN100209931; LOCATION: Baytown, Chambers County, Texas; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §§115.352(4), 116.115(c), and 122.143(4), Air Permit Number O-02101, Special Terms and Conditions Number 11, Air Permit Number 1849A, Special Condition ("SC") Number 4E, Air Permit Number 2005, SC Number 3C, Air Permit Number 2033, SC Number 9E, Air Permit Number 26246, SC Number 9E, Air Permit Number 29481, SC Number 7E, 40 CFR §60.167(a)(1), and Texas Health & Safety Code (THSC), §382.085(b), by failing to seal open-ended lines in volatile organic compound (VOC) service; 30 TAC §101.20(2), 40 CFR §63.113(a)(2), and THSC, §382.085(b), by failing to reduce emissions of total organic hazardous air pollutants by 98 weight-percent or to a total concentration of 20 parts per million volume; and 30 TAC §101.20(2), 40 CFR §63.114(d)(1) and §63.152(f)(1), and THSC, §382.085(b), by failing to collect and record data from flow indicator on the hydrogen chloride incinerator; PENALTY: $38,233; ENFORCEMENT COORDINATOR: Nadia Hameed, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3) COMPANY: Jim Gaylan Beyer dba Beyer Dairy 1; DOCKET NUMBER: 2007-0578-AGR-E; IDENTIFIER: RN101513588; LOCATION: Erath County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §321.42(s), by failing to develop and operate under a comprehensive nutrient management plan (CNMP) certified by the Texas State Soil and Water Conservation Board (TSSWCB); PENALTY: $2,160; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(4) COMPANY: City of De Leon; DOCKET NUMBER: 2007-0359-MWD-E; IDENTIFIER: RN101920569; LOCATION: De Leon, Comanche County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(1), Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0010078001, Effluent Limitations and Monitoring Requirements Numbers 1, 3, and 6, and the Code, §26.121(a), by failing to comply with permitted effluent limitations; 30 TAC §305.125(17) and TPDES Permit Number WQ0010078001, Sludge Provisions, Reporting Requirements, by failing to submit the discharge monitoring report (DMR) annual sludge disposal report; and 30 TAC §305.125(1) and TPDES Permit Number WQ0010078001, Monitoring and Reporting Requirements, Section 1, by failing to submit the effluent DMR parameter data; PENALTY: $9,945; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(5) COMPANY: City of Fort Worth; DOCKET NUMBER: 2007-0387-AIR-E; IDENTIFIER: RN100942259; LOCATION: Arlington, Tarrant County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §122.146(2), Federal Operating Permit (FOP) Number O-01704, General Terms and Conditions, and THSC, §382.085(b), by failing to timely submit an annual compliance certification; PENALTY: $2,200; ENFORCEMENT COORDINATOR: Lindsey Jones, (512) 239-4930; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(6) COMPANY: John Gardner; DOCKET NUMBER: 2007-0511-SLG-E; IDENTIFIER: RN103150165; LOCATION: Poolville, Parker County, Texas; TYPE OF FACILITY: sludge transporter; RULE VIOLATED: 30 TAC §312.143, by failing to dispose of waste at an authorized facility; 30 TAC §312.145, by failing to accurately list the type of waste transported on the trip ticket; and 30 TAC §312.142(f)(3), by failing to amend the registration prior to transporting wastewater treatment plant sludge; PENALTY: $3,060; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(7) COMPANY: Gavin Steel Fabricating Inc.; DOCKET NUMBER: 2007-0842-WQ-E; IDENTIFIER: RN100846542; LOCATION: Helotes, Bexar County, Texas; TYPE OF FACILITY: storm water; 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: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(8) COMPANY: Georgetown Independent School District; DOCKET NUMBER: 2007-0282-EAQ-E; IDENTIFIER: RN105116149; LOCATION: Georgetown, Williamson County, Texas; TYPE OF FACILITY: school bus transportation terminal; RULE VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain approval of an Edwards Aquifer Protection Plan; PENALTY: $24,000; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.

(9) COMPANY: City of Grandview; DOCKET NUMBER: 2007-0344-MWD-E; IDENTIFIER: RN101918753; LOCATION: Johnson County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(4), TPDES Permit Number 10180001, Permit Conditions 2.g., and the Code, §26.121(a), by failing to prevent an unauthorized discharge; and 30 TAC §305.65 and TPDES Permit Number 10180001, Permit Conditions 4(c), by failing to submit the permit renewal application; PENALTY: $5,700; ENFORCEMENT COORDINATOR: Heather Brister, (512) 239-1203; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(10) COMPANY: Houston Marine Services, Inc.; DOCKET NUMBER: 2007-0145-AIR-E; IDENTIFIER: RN102074739; LOCATION: Baytown, Harris County, Texas; TYPE OF FACILITY: fuel terminal; RULE VIOLATED: 30 TAC §117.479(e) and §117.534(2)(B)(i) and THSC, §382.085(b), by failing to conduct and submit a stack test; 30 TAC §116.115(c), Permit Number 21098, SC 7, and THSC, §382.085(b), by failing to comply with Boiler Number 2's maximum firing rate of nine billion British Thermal Units per calendar year; 30 TAC §§106.183(5), 116.115(b)(2)(E), 116.115(c), and 117.479(g), Permit Number 21098, SC 11, and THSC, §382.085(b), by failing to maintain fuel usage records; 30 TAC §116.115(c), Permit Number 21098, SC 1, and THSC, §382.085(b), by failing to control emissions from Tank 25-2 for VOCs and from boiler number 2 for sulfur dioxide and carbon monoxide; 30 TAC §117.479(e) and §117.534(2)(B)(i) and THSC, §382.085(b), by failing to conduct and submit a stack test for boiler number two; 30 TAC §116.116(a)(1) and THSC, §382.085(b), by failing to accurately represent, in Permit Number 21098, annual throughput rates; and 30 TAC §115.247(2) and THSC, §382.085(b), by failing to submit the annual report of monthly gasoline throughput; PENALTY: $17,812; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(11) COMPANY: J.B. Grand Canyon Dairy, L.P.; DOCKET NUMBER: 2007-0588-AGR-E; IDENTIFIER: RN100794155; LOCATION: Erath County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §321.42(s), by failing to develop and operate under a CNMP certified by the TSSWCB; PENALTY: $2,280; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(12) COMPANY: John Morgan Howle, Jr. and Allene Howle dba JM Howle Jr. Dairy; DOCKET NUMBER: 2007-0536-AGR-E; IDENTIFIER: RN101528586; LOCATION: Erath County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §321.42(s), by failing to develop and operate under a CNMP certified by the TSSWCB; PENALTY: $3,030; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(13) COMPANY: City of Kennard; DOCKET NUMBER: 2007-0510-MWD-E; IDENTIFIER: RN102078169; LOCATION: Houston County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 11474001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with the permitted effluent limits; and 30 TAC §305.125(17) and TPDES Permit Number 11474001, Monitoring and Reporting Requirements Number 1, by failing to submit the DMR parameter data; PENALTY: $4,200; ENFORCEMENT COORDINATOR: Deana Holland, (512) 239-2504; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(14) COMPANY: Knapp Chevrolet, Inc.; DOCKET NUMBER: 2007-0843-PST-E; IDENTIFIER: RN100546597; LOCATION: Harris County, Texas; TYPE OF FACILITY: car dealership; RULE VIOLATED: 30 TAC §334.50(b)(1)(A), by failing to provide release detection; 30 TAC §334.50(d)(1)(B), by failing to implement inventory control methods; and 30 TAC §334.8(c)(5)(A)(i), by failing to possess a valid TCEQ delivery certificate prior to receiving fuel; PENALTY: $4,375; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(15) COMPANY: Steven Mims; DOCKET NUMBER: 2007-0844-WOC-E; IDENTIFIER: RN103471181; LOCATION: Long Branch, Panola County, Texas; TYPE OF FACILITY: public water supply operator; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $210; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(16) COMPANY: Ahmad Fayyaz dba Mr. Carshine; DOCKET NUMBER: 2007-0847-PST-E; IDENTIFIER: RN102784519; LOCATION: Dallas County, Texas; TYPE OF FACILITY: car wash with gasoline sales; RULE VIOLATED: 30 TAC §334.50(b)(1)(A), by failing to provide release detection; PENALTY: $1,750; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(17) COMPANY: NC-Nortex Cattle Company, LLC; DOCKET NUMBER: 2007-0444-AGR-E; IDENTIFIER: RN104804794; LOCATION: Wilbarger County, Texas; TYPE OF FACILITY: cattle feeding operation; RULE VIOLATED: the Code, §26.121(a), by failing to prevent the unauthorized discharge of agricultural waste; and 30 TAC §321.33(c), by failing to obtain authorization to operate a confined animal feeding operation under a water quality general permit or individual permit; PENALTY: $6,300; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(18) COMPANY: North Alamo Water Supply Corporation; DOCKET NUMBER: 2007-0486-MWD-E; IDENTIFIER: RN102340056; LOCATION: Monte Alto, Hidalgo County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0013747004, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with permitted effluent limitations; PENALTY: $5,700; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(19) COMPANY: Petro Stopping Centers, L.P. dba Petro Stopping Center 4; DOCKET NUMBER: 2007-0025-MLM-E; IDENTIFIER: RN102424884; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: truck stop with retail sales of gasoline and a truck service center; RULE VIOLATED: 30 TAC §334.10(b), by failing to have required underground storage tank records readily accessible and available; 30 TAC §334.45(c)(3)(A), by failing to securely anchor each UL-listed emergency shutoff valve at the base of each aboveground dispensing unit; 30 TAC §115.246(1) and (5) and THSC, §382.085(b), by failing to maintain a copy of the California Air Resource Board Executive Order for Stage II Vapor Recovery System and maintain a record of the results of Stage II testing; 30 TAC §115.222(3) and §115.242(4) and THSC, §382.085(b), by failing to ensure no avoidable gasoline leaks, as detected by sight, sound, or smell, exist anywhere in the liquid transfer or vapor balance system; 30 TAC §335.4(3), by failing to prevent the disposal of municipal hazardous waste in such a manner as to cause the endangerment of public health and welfare; 30 TAC §334.72, by failing to report a suspected release; 30 TAC §334.74, by failing to investigate a suspected release of regulated substances; and 30 TAC §324.15 and §327.5(c), by failing to submit written information, such as a letter, describing details of the spill and supporting the adequacy of the response action to the appropriate TCEQ regional manager; PENALTY: $41,242; ENFORCEMENT COORDINATOR: Colin Barth, (512) 239-0086; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(20) COMPANY: reddy&family inc. dba Turbo Gas & Kwick Food Mart Location 23; DOCKET NUMBER: 2007-0841-PST-E; IDENTIFIER: RN102344991; LOCATION: Plainview, Hale County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A), by failing to provide release detection; and 30 TAC §334.50(d)(1)(B), by failing to implement inventory control methods; PENALTY: $3,500; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(21) COMPANY: Nazir N. Chandani dba River Run Texaco; DOCKET NUMBER: 2007-0854-PST-E; IDENTIFIER: RN101560134; LOCATION: Rio Vista, Johnson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A), by failing to provide release detection; and 30 TAC §334.50(d)(1)(B), by failing to implement inventory control methods; PENALTY: $3,500; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(22) COMPANY: Scientific Drilling International Inc. dba Scientific Drilling International Permian Basin; DOCKET NUMBER: 2007-0856-WQ-E; IDENTIFIER: RN105179980; LOCATION: Midland, Midland County, Texas; TYPE OF FACILITY: oil and gas drilling; 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: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(23) COMPANY: Sharnah Corporation dba Sadlers Food Mart; DOCKET NUMBER: 2007-0845-PST-E; IDENTIFIER: RN101543015; LOCATION: Garland, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A), by failing to provide release detection; PENALTY: $1,750; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(24) COMPANY: Larry Skero; DOCKET NUMBER: 2007-0450-LII-E; IDENTIFIER: RN103268900; LOCATION: Kingsland, Llano County, Texas; TYPE OF FACILITY: landscape irrigation business; RULE VIOLATED: 30 TAC §30.5(b) and §344.58(b), Texas Occupations Code, §1903.251, and the Code, §37.003, by failing to refrain from using or attempting to use the license of someone else who is a licensed irrigator or licensed installer and failure to refrain from advertising or representing themselves to the public as a holder of a license or registration unless they possess a current license or registration; PENALTY: $262; ENFORCEMENT COORDINATOR: Clinton Sims, (512) 239-6933; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.

(25) COMPANY: Southeast Kaufman Water Supply Corporation; DOCKET NUMBER: 2007-0146-PWS-E; IDENTIFIER: RN101235463; LOCATION: Kaufman, Kaufman County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(f)(5) and THSC, §341.0315(c), by failing to provide a minimum purchase production capacity of two gallons per minute per connection; 30 TAC §290.42(l), by failing to compile and maintain an up-to-date plant operations manual for operator review and reference; 30 TAC §290.121(a), by failing to compile and maintain an up-to-date chemical and microbiological monitoring plan; and 30 TAC §290.46(h), by failing to maintain a supply of calcium hypochlorite disinfectant; PENALTY: $1,045; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(26) COMPANY: Dharani Amirali dba Star Food Mart; DOCKET NUMBER: 2007-0846-PST-E; IDENTIFIER: RN101743995; LOCATION: Rosenberg, Fort Bend County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(5)(A)(i), by failing to possess a valid TCEQ delivery certificate prior to receiving fuel; PENALTY: $875; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(27) COMPANY: Texas Petrochemicals LP; DOCKET NUMBER: 2007-0488-AIR-E; IDENTIFIER: RN104964267; LOCATION: Port Neches, Jefferson County, Texas; TYPE OF FACILITY: industrial organic chemicals; RULE VIOLATED: 30 TAC §116.115(c) and §122.143(4), FOP Number 1327, General Terms and Conditions and Special Condition 15, Air Permit Number 20485, Special Condition 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Daniel Siringi, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892 (409) 898-3838.

(28) COMPANY: The JHM & KPM Company, LLC dba D & D Construction Materials Company; DOCKET NUMBER: 2007-0280-MSW-E; IDENTIFIER: RN105067276; LOCATION: Azle, Tarrant County, Texas; TYPE OF FACILITY: sand mining operation; RULE VIOLATED: 30 TAC §330.15(c), by failing to prevent the unauthorized disposal of municipal solid waste; PENALTY: $2,040; ENFORCEMENT COORDINATOR: Clinton Sims, (512) 239-6933; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(29) COMPANY: Valero Refining-Texas, L.P.; DOCKET NUMBER: 2007-0604-AIR-E; IDENTIFIER: RN100219310; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §116.615(2), Standard Permit Number 50232, and THSC, §382.085(b), by failing to prevent unauthorized emissions; 30 TAC §116.115(c), Air Permit Number 2501A, Special Condition Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $36,150; Supplemental Environmental Project (SEP) offset amount of $18,075 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Nadia Hameed, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(30) COMPANY: Zeam, Incorporated dba Shell Food Mart; DOCKET NUMBER: 2007-0855-PST-E; IDENTIFIER: RN102425808; LOCATION: Mansfield, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(d)(1)(B), by failing to implement inventory control methods; PENALTY: $1,750; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-200702520

Mary R. Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: June 18, 2007

The following notices were issued during the period of June 13, 2007 through June 18, 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.

WQ0000542000; Rhodia Inc., which operates an inorganic chemicals plant which produces sulfuric acid and operates a hazardous waste incinerator, has applied for a major amendment to TPDES Permit No. WQ0000542000 to authorize an increase in the daily average flow from 1,400,000 gallons per day to 1,440,000 gallons per day and an increase in the daily maximum flow from 2,400,000 gallons per day to 3,000,000 gallons per day at Outfall 001; the addition of tiered permit limits at Outfall 001; addition of sulfur dioxide (SO2) scrubber blowdown via Outfall 001; and reduction of the monitoring frequency for various parameters from once per month to twice per year at Outfall 001. The current permit authorizes the discharge of treated process wastewater, treated incinerator wastewater, utility wastewater, and contaminated storm water runoff at a daily average flow not to exceed 1,400,000 gallons per day via Outfall 001. The facility is located at 8615 Manchester Street, approximately one-half mile west of the intersection of Manchester Street and Interstate Loop 610, in the City of Houston, Harris County, Texas.

PERMIT NO. WQ0001402000; Wyman-Gordon Forgings LP, which operates the Wyman-Gordon Forging Plant, an extruded and forged metal products manufacturing facility, has applied for a renewal of TPDES Permit No. WQ0001402000, which authorizes the discharge of treated domestic wastewater, cooling tower blowdown, and storm water on an intermittent and flow variable basis via Outfall 001; and process wastewater, cooling water, boiler blowdown, and treated domestic wastewater at a daily average flow not to exceed 225,000 gallons per day, and daily maximum flow not to exceed 550,000 gallons per day via Outfall 002. The facility is located at 10825 Telge Road, on the southwest corner of the intersection of U.S. Highway 290 and Telge Road, south of the Town of Cypress, Harris County, Texas.

WQ0001793000; McWane, Inc., which operates a grey and ductile iron foundry, has applied for a major amendment to TPDES Permit No. WQ0001793000 to recalculate technology-based and final effluent limitations at Outfall 001. The current permit authorizes the discharge of treated process wastewater at a daily average flow not to exceed 720,000 gallons per day via Outfall 001, treated domestic wastewater at a daily average flow not to exceed 60,000 gallons per day via Outfall 002, and storm water runoff on an intermittent and flow variable basis via Outfalls 003 and 004. The facility is located north of the intersection of and between U.S. Highway 69 and Jim Hogg Highway (old Lindale Highway) in the community of Swan, Smith County, Texas.

PERMIT NO. WQ0002382000; Air Products, L.P., which operates a manufacturing facility of organic and inorganic chemicals, has applied for a renewal of TPDES Permit No. WQ0002382000, which authorizes the discharge of utility wastewater and storm water on an intermittent and flow variable basis via Outfalls 001 and 002. The facility is located 1423 State Highway 225, on the northeast corner of the intersection of Red Bluff Road with State Highway 225 and west of Davison Road, in the City of Pasadena, Harris County, Texas.

PERMIT NO. WQ0003395000; Jim Broumley and Keith Broumley, have applied for a major amendment of, and conversion to an individual permit, Wastewater Registration No. WQ0003395000, for a Concentrated Animal Feeding Operation (CAFO), to authorize the applicant to expand an existing dairy facility at a maximum capacity of 1,499 total head of which 1,100 head are milking cows. The major amendment also requests a decrease in Land Management Unit (LMU) from 434 acres to 229.5 acres. The facility is located on the west side of County Road 240, approximately 1 mile south of the intersection of County Road 240 and State Highway 6, east of Hico in Hamilton County, Texas.

WQ0000458000; Rohm and Haas Texas Incorporated, which operates the Deer Park Plant which is a chemical manufacturing plant, has applied for a major amendment to TPDES Permit No. WQ0000458000 to authorize an increase in the discharge of treated wastewater from a daily average flow not to exceed 7,200,000 gallons per day to a daily average flow not to exceed 8,400,000 gallons per day via Outfall 001; remove the effluent limitations or reduce the monitoring frequencies for amenable cyanide, total copper, total nickel, and total zinc at Outfalls 001 and 007; reduce the biomonitoring frequencies; calculate water quality-based total copper effluent limitations at Outfalls 001, 007, and 009 using the approved water effect ratios and site specific standards authorized for Segment No. 1006 under Appendix E of 30 TAC Chapter 307, the Texas Surface Water Quality Standards, effective February 27, 2002 and to apply a 0.70 partition coefficient for copper; remove the effluent limitations for ammonia nitrogen at Outfall 003; remove the effluent limitations or reduce the monitoring frequencies for amenable cyanide, total nickel, and total zinc at Outfall 009; remove the requirement to record the duration of all discharges via Outfall 009; recognize the potential installation of a second clarifier and other improvements to the wastewater treatment system; add the authorization to discharge hydrostatic test water to Outfalls 002, 003, 004, 005 and 006; add the discharge of storm water from construction activity via (all) Outfalls 001, 002, 003, 004, 005, 006, 007 and 009; and develop discharge limitations based on additional and/or increased flows for Outfalls 001, 002, 003, 004, 005, 006, 007, 008, 009, and 010. The current permit authorizes the discharge of treated process wastewater, storm water, treated utility wastewater, sanitary wastewater, and untreated utility wastewater at a daily average flow not to exceed 7,200,000 gallons per day via Outfall 001; nonprocess area storm water runoff on an intermittent and flow variable basis via Outfalls 002 and 003; nonprocess area and tank farm storm water runoff on an intermittent and flow variable basis via Outfalls 004 and 006; nonprocess area and barge dock storm water runoff on an intermittent and flow variable basis via Outfall 005; treated process wastewater, storm water, treated utility wastewater, sanitary wastewater, and untreated utility wastewater at a daily average flow not to exceed 2,500,000 gallons per day via Outfall 007; a reporting Outfall 008 that limits the cumulative discharge loading of ammonia nitrogen from Outfalls 001, 007, and 009; treated process wastewater, storm water, treated utility wastewater, sanitary wastewater, and untreated utility wastewater on an intermittent and flow variable basis via the diffuser pump basin overflow Outfall 009; and a reporting Outfall 010 that limits the cumulative discharge loading from Outfalls 001 and 009. The facility is located north of State Highway 225 and west of State Highway 134 (Battleground Road), in the City of Deer Park, Harris County, Texas.

PROPOSED PERMIT NO. WQ0004819000; SNBL USA, Ltd, proposes to operate SNBL USA SRC, a facility that imports and raises primates, and has applied for a new permit, Proposed Permit No. WQ0004819000 to authorize disposal of process wastewater, utility wastewater and domestic wastewater from feed storage, laboratory, animal hospital, sleeping quarters, and wash down water containing animal wastes at a daily average flow not to exceed 35,000 gallons per day via evaporation from a 15.2 acre-feet pond with a surface area of 10.4 acres. This permit will not authorize a discharge of pollutants into water in the State. The facility treatment ponds and evaporation pond are located approximately 5,900 feet northwest of the intersection of Farm-to-Market Road 625 and County Road 137 in the City of Alice, Jim Wells County, Texas.

PERMIT NO. WQ0010022001; The City of Buffalo has applied for a renewal of TPDES Permit No. 10022-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 322,000 gallons per day. The facility is located at 613 John Bullock Boulevard, adjacent to and east of Marion Boulevard, approximately 3/4 mile north-northeast of the intersection of U.S. Highways 75 and 79 in Leon County, Texas.

PERMIT NO. WQ0010483002; City of Nederland has applied for a renewal of TPDES Permit No. 10483-002, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 5,220,000 gallons per day. The facility is located immediately east of the intersection of Hardy Avenue and Avenue D, east of the main drainage canal in the City of Nederland in Jefferson County, Texas.

PERMIT NO. WQ0010550001; The City of Bellaire has applied for a renewal of TPDES Permit No. 10550-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 4,500,000 gallons per day. The facility is located at 4401 Edith Street, approximately 1 mile northeast from the intersection of Interstate Highway 610 and Post Oak Road in Harris County, Texas.

PERMIT NO. WQ0010495109; The City of Houston has applied for a major amendment to TCEQ Permit No. WQ0010495109 to authorize an increase in the 2-hour peak flow discharge of treated effluent from 29,166 gallons per minute (gpm) to 44,514 gpm and the removal of monitoring and reporting requirements for Total Cadmium. The permittee is also requesting an expansion of the seasonal ammonia limit to include the months September through May and a relaxation of the seasonal limit from 3 milligrams per liter to 4 milligram per liter. The facility is located on the south bank of Buffalo Bayou, approximately 1,200 feet south of the confluence of Turkey Creek with Buffalo Bayou, approximately 4,800 feet southwest of the intersection of Memorial Drive and Dairy Ashford Road South in the City of Houston in Harris County, Texas.

PERMIT NO. WQ0010693003; City of Jacksonville has applied for a renewal of TPDES Permit No. 10693-003, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 4,000,000 gallons per day. The facility is located along State Highway 204, approximately 1.6 miles southeast of the intersection of State Highway 204 and Loop 456 in Cherokee County, Texas.

PERMIT NO. WQ0010851001; Trinity Bay Conservation District has applied for a major amendment to TPDES Permit No. 10851-001 to authorize seasonal and less stringent effluent limitations for ammonia-nitrogen. The current permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,980,000 gallons per day. The facility is located approximately 1.2 miles southeast of the intersection of State Highway 124 and Farm-to-Market Road 1406, approximately 0.7 mile east of State Highway 124 on Buccaneer Drive in the City of Winnie in Chambers County, Texas.

PERMIT NO. WQ0011573001; Town of Lakeside has applied for a renewal of Permit No. 11573-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 30,000 gallons per day via surface irrigation of 16 acres of non-public access pasture land. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located in the southwest portion of the Town of Lakeside and about 700 feet south of the intersection of Aquilla Drive and Crestidge Drive in Tarrant County, Texas.

PERMIT NO. WQ0012631001; Harris County Municipal Utility District No. 202 has applied for a renewal of TPDES Permit No. WQ0012631001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 725,000 gallons per day. The permittee requested the elimination of the 750,000 gallons per day phase authorized in the current permit. The plant site is located approximately 1300 feet west of Bammel-North Houston, between Bourgeois Road and Harris County Flood Control District ditch in Harris County, Texas.

PERMIT NO. WQ0012686001; Del Lago Estates Utility Company has applied for a renewal of TPDES Permit No. 12686-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 30,000 gallons per day. The facility is located east of Walden Road approximately one mile north of State Highway 105 in Montgomery County, Texas.

PERMIT NO. WQ0013522001; Big Oaks Limited has applied for a renewal of TPDES Permit No. 13522-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 50,000 gallons per day. The facility is located at 3300 Lansing Switch Road, approximately 1,500 feet southwest of the intersection of Maple Springs Road and Interstate Highway 20 in Harrison County, Texas.

PERMIT NO. WQ0013638001; Roman Forest Consolidated Municipal Utility District has applied for a renewal of TPDES Permit No. 13638-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 0.322 million gallons per day. The facility is located approximately 1.7 miles east of U.S. Highway 59 and 1.2 miles north of the intersection of U.S. Highway 59 and Farm-to-Market Road 1485 at 1602 Athens Street in the City of Roman Forest in Montgomery County, Texas.

PERMIT NO. WQ0013764001; Alliance HC III Limited Partnership, dba The Gardens Apartments, has applied for a renewal of TPDES Permit No. WQ0013764001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 150,000 gallons per day. The facility is located at 1660 West T.C. Jester Boulevard, located approximately 1000 feet south of the intersection of West 18th Street and East T.C. Jester Boulevard on the west bank of White Oak Bayou in the City of Houston in Harris County, Texas.

PERMIT NO. WQ0014359001; Harris County Municipal Utility District No. 366 has applied for a renewal of TPDES Permit No. 14359-001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 200,000 gallons per day. The facility is located at 7300-A Chippewa Street, Houston, Texas, on the west side of North Houston Rosslyn Road, approximately 2,200 feet north of Breen Road and 1,500 feet west of the end of Chippewa Boulevard in Harris County, Texas.

PERMIT NO. WQ0014722001; YFZ Land, LLC has applied for a new permit, Proposed Permit No. WQ0014722001, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 100,000 gallons per day via surface irrigation of 125 acres of non-public access agricultural land. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site will be located approximately six miles northeast of the intersection of U.S. Highway 277 and County Road 300 in Schleicher County, Texas.

PERMIT NO. WQ0014760001; Hill Country Utilities, LLC has applied for a new permit, Proposed Permit No. WQ0014760001, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 30,000 gallons per day via surface irrigation of eight acres of non-public access pasture land. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site will be located in the Cielo Rio Ranch Subdivision, adjacent to Cielo Rio Drive, adjacent to Texas Highway 16, approximately three miles west of the intersection of Texas Highway 16 and Farm-to-Market Road 1283 in Pipe Creek, Bandera County, Texas.

PERMIT NO. WQ0014778001; Farmersville Investors, LP has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014778001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 500,000 gallons per day. The facility will be located approximately 0.5 mile southwest of the intersection of State Highway 78 and County Road 550 in Collin County, Texas.

PERMIT NO. WQ0014793001; Skymark Development Company, Inc. has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014793001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 800,000 gallons per day. The facility will be located approximately 2,000 feet east and 1,000 feet south of the intersection of Long Point Slough and Farm-to-Market Road 1093 in Fort Bend County, Texas.

The following do not require publication in a newspaper. Written comments or requests for a public meeting 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 ISSUED DATE OF THE NOTICE.

WQ0004396000; PERMIT NO. WQ0004396000; City of Dallas, which operates the City of Dallas Municipal Separate Storm Sewer System (MS4), has applied for a minor amendment of existing TPDES Permit No. WQ0004396000. The draft permit authorizes storm water point source discharges to surface water in the state from the City of Dallas Municipal Separate Storm Sewer System (MS4). The municipal separate storm sewer system (MS4) is located within the corporate boundary of the City of Dallas, in Dallas, Collin, Denton, Rockwall and Kaufman Counties, Texas. Discharge is via the MS4 to various ditches and tributaries that eventually reach the East Fork Trinity River, Lake Ray Hubbard, Elm Fork Trinity River Below Lewisville Lake, White Rock Lake, Joe Pool Lake, Lower West Fork Trinity River and the Upper Trinity River in Segment Nos. 0805, 0819, 0820, 0822, 0827, 0838, and 0841 of the Trinity River Basin. The unclassified receiving waters have high, intermediate, limited, or no significant aquatic life use for the various ditches and tributaries. The designated uses for Segment Nos. 0805 and 0827 are contact recreation and high aquatic life use; 0820, 0822, and 0838 are contact recreation, public water supply and high aquatic life use; and 0819 and 0841 are contact recreation and intermediate aquatic life use. No significant degradation of high quality receiving waters is anticipated. All written public comments and public meeting requests must be submitted to the Office of the Chief Clerk within 30 days of the date this notice is mailed. Notice was mailed on June 14, 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.

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-200702555

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 20, 2007

Notice issued June 14, 2007

APPLICATION NO. 12160; ETC Katy Pipeline, Ltd., 800 East Sonterra Boulevard, Suite No. 400, San Antonio, Texas 78258, Applicant, has applied for a Temporary Water Use Permit to divert and use not to exceed 50 acre-feet of water within a period of one year from the Trinity River, Trinity River Basin for industrial purposes in Leon and Houston Counties. The application was received on February 16, 2007, and additional information and fees were received on March 23, 2007 and April 13, 2007. The application was declared administratively complete and filed with the Office of the Chief Clerk on April 17, 2007. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk at the address provided in the information section below by July 5, 2007.

INFORMATION SECTION

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

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

The Executive Director can consider approval of an application unless a written request for a contested case hearing is filed. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any: (2) applicant's name and permit number; (3) the statement "(I/we) request a contested case hearing"; and (4) a brief and specific description of how you would be affected by the application in a way not common to the general public. You may also submit any proposed conditions to the requested application which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the 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-200702554

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 20, 2007

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on July 19, 2007, at 8:00 a.m. to receive public comment on the proposed Medicaid Standard Dollar Amount (SDA) payment rates for state-owned, teaching hospitals. The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code §32.0282 and Texas Administrative Code (TAC) Title 1, §355.201(e) - (f), which require public notice and hearings on proposed Medicaid payment rates. Persons requiring Americans with Disability Act (ADA) accommodation or auxiliary aids or services should contact Kimbra Rawlins by calling (512) 491-1174 by July 16, 2007, so appropriate arrangements can be made.

Proposal. The proposed Medicaid Standard Dollar Amount (SDA) payment rates for state-owned, teaching hospitals, which will be effective September 1, 2007, are as follows:

Proposed Medicaid Payment Rates

Methodology and justification. The current Medicaid reimbursement methodology rules for inpatient hospital services at 1 TAC §355.8063 are in the process of being revised to reflect a partial rebasing for state-owned teaching hospitals effective September 1, 2007, and ending August 31, 2008. The proposed payment rates are based upon fiscal year 2003 cost data inflated to fiscal year 2005 using a cost-of-living index, and have been adjusted proportionately to available funds. The proposed rule amendment will be published in the July 6, 2007, issue of the Texas Register.

Briefing Package. A briefing package describing the proposed payment rates will be available on or after July 5, 2007. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Alisa Jacquet by telephone at (512) 491-1432; by facsimile at (512) 491-1998; by e-mail at alisa.jacquet@hhsc.state.tx.us; or by U.S. mail at HHSC Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200. Briefing packages also will be available at the public hearing.

Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Alisa Jacquet, HHSC, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by facsimile to Ms. Jacquet at (512) 491-1998; or by e-mail to alisa.jacquet@hhsc.state.tx.us. In addition, written comments may be sent by express mail or hand delivered to Ms. Jacquet, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.

TRD-200702549

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: June 20, 2007

Hearing. The Texas Health and Human Services Commission will conduct a public hearing on July 18, 2007, at 9:00 a.m. to receive public comment on proposed rate increases for the following community care programs and services operated by the Department of Aging and Disability Services (DADS): Consumer Directed Services Agency (CDSA); Community-Based Alternatives (CBA) Waiver Program and CBA Assisted Living/Residential Care (AL/RC); Community Living Assistance and Support Services (CLASS); Medically Dependent Children Program (MDCP); Residential Care (RC); Emergency Response Services (ERS); Home-Delivered Meals; Primary Home Care (PHC); Day Activity and Health Services (DAHS); Deaf-Blind Multiple Disabilities Waiver (DB-MD); and Community Care for Aged and Disabled Adult Foster Care (CCAD AFC). The hearing will be held in compliance with Human Resources Code §32.0282 and Texas Administrative Code (TAC) Title 1, §355.105(g), which require public notice and hearings on proposed reimbursements. The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Blvd, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. Persons requiring Americans with Disability Act (ADA) accommodation or auxiliary aids or services should contact Kimbra Rawlings by calling (512) 491-1174, at least 72 hours prior to the hearing so appropriate arrangements can be made.

Proposal. HHSC proposes to increase the rates for certain services provided under the programs listed above. The proposed rates will be effective September 1, 2007, and were determined in accordance with the rate setting methodologies listed below under Methodology and Justification.

Methodology and Justification. The proposed rates were determined in accordance with the rate setting methodologies codified at 1 TAC Chapter 355, Subchapter A, §355.114, Consumer Directed Services Payment Option; Subchapter E, §355.503, Reimbursement Methodology for the CBA Waiver Program; Subchapter E, §355.505, Reimbursement Methodology for the CLASS Waiver Program; Subchapter E, §355.509, Reimbursement Methodology for RC; Subchapter E, §355.510, Reimbursement Methodology for ERS; Subchapter E, §355.511, Reimbursement Methodology for Home-Delivered Meals; Subchapter G, §355.5902, Reimbursement Methodology for PHC; Subchapter G, §355.6907, Reimbursement Methodology for DAHS; and Subchapter M, §355.9022, Medicaid Waiver Program for People with DB-MD.

For MDCP, the proposed rates were determined in accordance with the rate setting methodology codified in 1 TAC Chapter 355, Subchapter E, §355.507, as proposed to be amended. The proposed rule amendments, which will be published in the July 6, 2007, issue of the Texas Register, require that rates for MDCP services be determined based upon rates for other similar services.

Rates for the programs and services listed in this notice were subsequently adjusted in accordance with 1 TAC Chapter 355, Subchapter A, §355.101 (relating to Introduction) and §355.109 (relating to Adjusting Reimbursement When New Legislation, Regulations or Economic Factors Affect Costs). These changes are being made in accordance with the 2008-09 General Appropriations Act (Article II, Special Provisions, Section 57, H.B. 1, 80th Legislature, Regular Session, 2007), which appropriated $86.2 million general revenue funds for the State Fiscal Year 2008-2009 biennium for rate increases for DADS’ community care programs.

Briefing Package. A briefing package describing the proposed payment rates will be available on or after June 29, 2007. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Kimbra Rawlings by telephone at (512) 491-1174; by fax at (512) 491-1998; or by e-mail at Kimbra.Rawlings@hhsc.state.tx.us. The briefing package also will be available at the public hearing.

Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Kimbra Rawlings, Health and Human Services Commission, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Kimbra Rawlings at (512) 491-1998; or by e-mail to Kimbra.Rawlings@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Kimbra Rawlings, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.

TRD-200702550

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: June 20, 2007

Hearing. The Texas Health and Human Services Commission will conduct a public hearing on July 17, 2007, at 1:30 p.m. to receive public comment on proposed rate increases for providers of 24-Hour Residential Child Care (RCC) services. The hearing will be held in compliance with Texas Administrative Code (TAC) Title 1, §355.7103(a)(2), which requires public notice and hearings on proposed 24-Hour RCC reimbursements. The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Blvd, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. Persons requiring Americans with Disability Act (ADA) accommodation or auxiliary aids or services should contact Kimbra Rawlings by calling (512) 491-1174, at least 72 hours prior to the hearing so appropriate arrangements can be made.

Proposal. The proposed rates for 24-Hour RCC services will be effective September 1, 2007. HHSC proposes to increase rates for these services as required by the 2008-09 General Appropriations Act (Article II, Department of Family and Protective Services, Rider 33, H.B. 1, 80th Legislature, Regular Session, 2007). Rider 33 required that out of funds appropriated under the Act for rate increases for foster care, HHSC ensure that foster families receive a rate increase of 4.3 percent above the current minimum rate paid to foster families for each level of service. The rider also required that the remaining funds be distributed proportionally across all other types of providers of foster care based on each provider type’s ratio of costs as reported on the most recently audited cost report to existing payment rates.

Methodology and Justification. The proposed rates were determined in accordance with the rate setting methodologies codified at Texas Administrative Code (TAC) Title 1, Chapter 355, §355.7103, as proposed to be amended. The proposed amendment, which will appear in the July 6, 2007 issue of the Texas Register, codifies the requirements of Rider 33 described above under "Proposal." These changes are being made in accordance with other provisions in the 2008-09 General Appropriations Act (Article II, Special Provisions, Section 57, H.B. 1, 80th Legislature, Regular Session, 2007), which appropriated $13.4 million general revenue funds for the State Fiscal Year 2008-2009 biennium for rate increases for foster care.

Briefing Package. A briefing package describing the proposed payment rates will be available on or after June 29, 2007. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Kimbra Rawlings by telephone at (512) 491-1174; by fax at (512) 491-1998; or by e-mail at Kimbra.Rawlings@hhsc.state.tx.us. The briefing package also will be available at the public hearing.

Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Kimbra Rawlings, Health and Human Services Commission, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Kimbra Rawlings at (512) 491-1998; or by e-mail to Kimbra.Rawlings@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Kimbra Rawlings, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.

TRD-200702551

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: June 20, 2007

Correction of Error

The Department of State Health Services (DSHS) adopted new 25 TAC §133.169, concerning Tables, in the June 15, 2007, issue of the Texas Register (32 TexReg 3587).

The text and graphics for §133.169 were not published due to an error by the agency, reflecting the section in the preamble as "adopted without changes to the proposed text." The preamble included comments concerning §133.169, as well as changes to the graphics as proposed. The rule text and graphics for the new section that should have been published are as follows.

§133.169. Tables.

(a) Table 1. Sound transmission limitations in hospitals.

Figure: 25 TAC §133.169(a)

(b) Table 2. Flame spread and smoke production limitations for interior finishes.

Figure: 25 TAC §133.169(b)

(c) Table 3. Ventilation requirements for hospitals and outpatient facilities.

Figure: 25 TAC §133.169(c)

(d) Table 4. Filter efficiencies for central ventilation and air conditioning systems.

Figure: 25 TAC §133.169(d)

(e) Table 5. Hot water use.

Figure: 25 TAC §133.169(e)

(f) Table 6. Station outlets for oxygen, vacuum, and medical air systems.

Figure: 25 TAC §133.169(f)

(g) Table 7. Nurses Calling Systems.

Figure: 25 TAC §133.169(g)

(h) Table 8. Multiple Bed Room Configurations.

Figure: 25 TAC §133.169(h)

TRD-200702529

A public hearing will be held by the Department of State Health Services on July 13, 2007, at 8:30 a.m., in the main building, Room K-100 at the Department of State Health Services, 1100 West 49th Street, Austin, Texas 78756, to accept comments in regard to the proposed new rules concerning the inspection fees for retail food establishments. The proposed new rules for Title 25, Texas Administrative Code, §§229.470 - 229.474 will be published in the July 6, 2007, issue of the Texas Register.

Additional comments will be accepted by the Department of State Health Services at the public hearing held on July 13, 2007. Questions or additional information may be directed to Deborah Marlow, Food Establishments Group, Division for Regulatory Services, Department of State Health Services, 1100 West 49th Street, Austin, Texas 78756, phone (512) 834-6753 or e-mail deborah.marlow@dshs.state.tx.us.

TRD-200702547

Lisa Hernandez

Deputy General Counsel

Department of State Health Services

Filed: June 20, 2007

Notice of Public Hearing

Low-Income Home Energy Assistance Program (LIHEAP) FFY 2008

For the federal fiscal year that begins October 1, 2007, the Texas Department of Housing and Community Affairs (TDHCA) anticipates receiving federal funds to continue the operation of certain programs that assist very low-income Texans with home energy. While in the process of deciding how to use Low-Income Home Energy Assistance Program (LIHEAP) funds, TDHCA now seeks opinions of groups affected by LIHEAP programs as well as opinions of other interested citizens.

As part of the public information, consultation, and public hearing requirements for LIHEAP, the Community Affairs Division of TDHCA will post the proposed plan on the TDHCA internet site and conduct a public hearing. Primarily, the hearing solicits comments on the proposed use and distribution of federal fiscal year (FFY) 2008 funds provided under LIHEAP. LIHEAP provides funding for the Weatherization Assistance Program (WAP) and utility assistance--known as "Comprehensive Energy Assistance Program (CEAP)".

The public hearing has been scheduled as follows:

Friday, July 13, 2007, 1:00 p.m.

Room #116, TDHCA Headquarters,

221 East 11th St.

Austin, Texas

A representative from TDHCA will explain the planning process and receive comments from interested citizens and affected groups regarding the proposed plan for LIHEAP subrecipients. A copy of the Draft LIHEAP Plan may be obtained after June 14, 2007, through TDHCA's web site, http://www.tdhca.state.tx.us/ea.htm or by contacting the Texas Department of Housing and Community Affairs, Community Affairs Division, Energy Assistance Section, P.O. Box 13941, Austin, Texas 78711-3941, or by phone at (512) 475-1435.

Anyone may submit comments on the draft plan in written form or oral testimony at the public hearing. TDHCA must receive written comments no later than 5:00 p.m., Friday, July 13, 2007. Comments concerning the draft plan may be submitted via the Internet to john.touchet@tdhca.state.tx.us or by fax (512) 475-3935 or through John Touchet at TDHCA using the postal service address provided above. If you want to ask questions regarding the public hearing process or any of the programs referenced above, please contact TDHCA, Community Affairs Division, Energy Assistance Section.

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

Non-English speaking individuals who require interpreters for this meeting should contact John Touchet, (512) 475-1435 at least three days before the meeting so that appropriate arrangements can be made.

Personas que hablan español y requieren un intérprete, favor de llamar a Jorge Reyes al siguiente número (512) 475-4577 por lo menos tres días antes de la junta para hacer los preparativos apropiados.

TRD-200702539

Michael Gerber

Executive Director

Texas Department of Housing and Community Affairs

Filed: June 20, 2007

SUMMARY. The Texas Department of Housing and Community Affairs (TDHCA), through its Legal Services Division, is issuing a Request for Proposals (RFP) for outside Bond/Securities Disclosure Counsel. Bond/Securities Disclosure Counsel will provide legal services in connection with the issuance of TDHCA's bonds, notes, and other obligations of TDHCA to finance or refinance residential housing and multifamily housing developments and to refund prior bond issues.

DEADLINE FOR SUBMISSION. The deadline for submission in response to the Request for Proposals is 4:00 p.m., Central Daylight Saving Time, Friday, July 27, 2007. No proposal received after the deadline will be considered.

TDHCA reserves the right to accept or reject any (or all) proposals submitted. The information contained in this proposal request is intended to serve only as a general description of the services desired by TDHCA, and TDHCA intends to use responses as a basis for further negotiation of specific project details with offerors. This request does not commit TDHCA to pay for any costs incurred prior to the execution of a contract and is subject to availability of funds. Issuance of this request for proposals in no way obligates TDHCA to award a contract or to pay any costs incurred in the preparation of a response.

Law firms interested in submitting a proposal should contact Kevin Hamby, General Counsel, at (512) 475-3948, 221 East 11th Street, Austin, Texas 78701 or visit our website at www.tdhca.state.tx.us, for a complete copy of the RFP. Communication with any member of the board, the executive director, or TDHCA staff other than Mr. Hamby or his assistant, concerning any matter related to this request for proposals is grounds for immediate disqualification.

TRD-200702496

Michael Gerber

Executive Director

Texas Department of Housing and Community Affairs

Filed: June 18, 2007

SUMMARY. The Texas Department of Housing and Community Affairs (TDHCA), through its Legal Services Division, is issuing a Request for Proposals (RFP) for outside Bond Counsel. Bond Counsel will provide legal services in connection with the issuance of TDHCA's bonds, notes, and other obligations of TDHCA to finance or refinance residential housing and multifamily housing developments and to refund prior bond issues.

DEADLINE FOR SUBMISSION. The deadline for submission in response to the Request for Proposals is 4:00 p.m., Central Daylight Saving Time, Friday, July 27, 2007. No proposal received after the deadline will be considered.

TDHCA reserves the right to accept or reject any (or all) proposals submitted. The information contained in this proposal request is intended to serve only as a general description of the services desired by TDHCA, and TDHCA intends to use responses as a basis for further negotiation of specific project details with offerors. This request does not commit TDHCA to pay for any costs incurred prior to the execution of a contract and is subject to availability of funds. Issuance of this request for proposals in no way obligates TDHCA to award a contract or to pay any costs incurred in the preparation of a response.

Law firms interested in submitting a proposal should contact Kevin Hamby, General Counsel, at (512) 475-3948, 221 East 11th Street, Austin, Texas 78701 or visit our website at www.tdhca.state.tx.us, for a complete copy of the RFP. Communication with any member of the board, the executive director, or TDHCA staff other than Mr. Hamby or his assistant, concerning any matter related to this request for proposals is grounds for immediate disqualification.

TRD-200702497

Michael Gerber

Executive Director

Texas Department of Housing and Community Affairs

Filed: June 18, 2007

Company Licensing

Company Licensing Application for admission to the State of Texas by RESPONSE WORLDWIDE INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Meriden, Connecticut.

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-200702548

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: June 20, 2007

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

USAble Life.

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

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

TRD-200702519

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: June 18, 2007

Instant Game Number 775 "Spicy Hot 7's"

1.0 Name and Style of Game.

A. The name of Instant Game No. 775 is "SPICY HOT 7'S". The play style for GAME 1 is "three in a line". The play style for GAME 2 is "match 3 of 9". The play style for GAME 3 is "key symbol match with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 775 shall be $7.00 per ticket.

1.2 Definitions in Instant Game No. 775.

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: $7.00, $14.00, $21.00, $35.00, $70.00, $350, $700, $7,000, $77,000, 1, 2, 3, 4, 5, 6, 7, 8, 9, CACTUS SYMBOL, BRANDING IRON SYMBOL, BLAZING SUN SYMBOL, FIRE SYMBOL, HOT SAUCE SYMBOL, THERMOMETER SYMBOL, VOLCANO SYMBOL, FIREWORK SYMBOL, PALM TREE SYMBOL, FAN SYMBOL, ICE CUBE SYMBOL and 7 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: 16 TAC GAME NO. 775 - 1.2D

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

Figure 2: 16 TAC GAME NO. 775 - 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 $7.00, $14.00 or $21.00.

H. Mid-Tier Prize - A prize of $35.00, $70.00 or $350.

I. High-Tier Prize - A prize of $700, $7,000 or $77,000.

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 (775), 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: 775-0000001-001.

L. Pack - A pack of "SPICY HOT 7'S" Instant Game tickets contains 75 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket 001 will be shown on the front of the pack; the back of ticket 075 will be revealed on the back of the pack. All packs will be tightly shrink-wrapped. There will be no breaks between the tickets in a pack. Every other book will reverse i.e., reverse order will be: the back of ticket 001 will be shown on the front of the pack and the front of ticket 075 will be shown on the back of the pack.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "SPICY HOT 7'S" Instant Game No. 775 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "SPICY HOT 7'S" Instant Game is determined once the latex on the ticket is scratched off to expose 38 (thirty-eight) Play Symbols. For GAME 1, if a player reveals three "7" play symbols in any one row, column or diagonal, the player wins the PRIZE shown. For GAME 2, if a player matches 3 identical prize amounts play symbols, the player wins PRIZE shown. For GAME 3, if a player matches either WINNING SYMBOL play symbol to any of YOUR SYMBOLS play symbols, the player wins the PRIZE shown below that symbol. If a player reveals a "7" play symbol, the player wins PRIZE shown below that symbol 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 within a book will not have identical patterns.

B. GAME 1: Players can win once in this play area.

C. GAME 1: No ticket will contain three (3) or more of a kind other than the "7" symbol.

D. GAME 1: The "7" symbol is the only symbol that can be used to make a winning line.

E. GAME 1: Winning tickets will contain only one (1) winning combination.

F. GAME 1: Tickets will not contain four (4) "7" symbols in all 4 corners.

G. GAME 2: Players can win once in this play area.

H. GAME 2: There will never be two (2) or more sets of three (3) matching PRIZE amounts on a single ticket.

I. GAME 2: There will never be four (4) or more matching PRIZE amounts on a single ticket.

J. GAME 3: Players can win up to ten (10) times in this play area.

K. GAME 3: No more than two (2) matching non-winning PRIZE symbols on a ticket.

L. GAME 3: No more than two (2) matching non-winning YOUR SYMBOLS on a ticket.

M. GAME 3: Non-winning prize symbols will not match a winning PRIZE symbol on a ticket.

N. GAME 3: The "7" symbol will never appear more than once on a ticket.

O. GAME 3: The "7" symbol will only appear on winning tickets.

P. GAME 3: The "7" symbol will never appear as one of the WINNING SYMBOLS.

Q. GAME 3: No duplicate WINNING SYMBOLS will appear on a ticket.

2.3 Procedure for Claiming Prizes.

A. To claim a "SPICY HOT 7'S" Instant Game prize of $7.00, $14.00, $21.00, $35.00, $70.00 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, $70.00, 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 "SPICY HOT 7'S" Instant Game prize of $700, $7,000 or $77,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "SPICY HOT 7'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;

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

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

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

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

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "SPICY HOT 7'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 "SPICY HOT 7'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 4,080,000 tickets in the Instant Game No. 775. The approximate number and value of prizes in the game are as follows:

Figure 3: 16 TAC GAME NO. 775 - 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. 775 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. 775, 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-200702544

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: June 20, 2007

1.0 Name and Style of Game.

A. The name of Instant Game No. 796 is "DELUXE 7-11-21". The is "add up with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 796 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 796.

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, 8, 9, D SYMBOL, $2.00, $3.00, $4.00, $7.00, $11.00, $21.00, $50.00, $210, $210, $2,100 or $21,000.

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

Figure 1: 16 TAC GAME NO. 796 - 1.2D

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

Figure 2: 16 TAC GAME NO. 796 - 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, $3.00, $4.00, $7.00, $11.00 or $21.00.

H. Mid-Tier Prize - A prize of $50.00 or $210.

I. High-Tier Prize - A prize of $2,100 or $21,000.

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 (796), 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: 796-0000001-001.

L. Pack - A pack of "DELUXE 7-11-21" 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 one 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 "DELUXE 7-11-21" Instant Game No. 796 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 "DELUXE 7-11-21" Instant Game is determined once the latex on the ticket is scratched off to expose 24 (twenty-four) Play Symbols. A player must add all 3 numbers for each GAME. If the total is 7, 11, or 21 within a GAME, the player wins the PRIZE shown for that GAME. If a player reveals a "D" play symbol, the player wins ALL 6 PRIZES 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 24 (twenty-four) 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 24 (twenty-four) 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 24 (twenty-four) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 24 (twenty-four) 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. There will be a random distribution of all symbols on the ticket unless affected by other constraints, play action or prize structure.

B. Non-winning prize symbols will be unique.

C. Non-winning GAME totals will be unique.

D. A winning total is defined as the value of 7, 11 or 21.

E. On the ticket that wins with the "D" symbol, the "D" symbol will only appear on one of the positions. All other positions will be non-winning.

F. Non-winning prize symbols will not match winning prize symbols.

G. There will be at least one near win. A near win is a GAME whose total value is one point away from any of the winning total values

H. The $2,100 and $21,000 prize symbols will each appear on non-winning tickets unless otherwise restricted.

2.3 Procedure for Claiming Prizes.

A. To claim a "DELUXE 7-11-21" Instant Game prize of $2.00, $3.00, $4.00, $7.00, $11.00, $21.00, $50.00 or $210, 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 $210 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 "DELUXE 7-11-21" Instant Game prize of $2,100 or $21,000, 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 "DELUXE 7-11-21" 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 "DELUXE 7-11-21" 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 "DELUXE 7-11-21" 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 7,080,000 tickets in the Instant Game No. 796. The approximate number and value of prizes in the game are as follows:

Figure 3: 16 TAC GAME NO. 796 - 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. 796 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. 796, 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-200702545

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: June 20, 2007

1.0 Name and Style of Game.

A. The name of Instant Game No. 805 is "TOP PRIZE $500,000". The play style is "match 3 of 9".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 805 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 805.

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, $4.00, $5.00, $6.00, $10.00, $20.00, $30.00, $60.00, $100, and $50,000.

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

Figure 1: 16 TAC GAME NO. 805 - 1.2D

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

Figure 2: 16 TAC GAME NO. 805 - 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, $4.00, $5.00, $6.00, $10.00 or $20.00.

H. Mid-Tier Prize - A prize of $30.00, $60.00 or $100.

I. High-Tier Prize - A prize of $50,000/YR ($50,000 a year for 10 years).

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 (805), 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: 805-0000001-001.

L. Pack - A pack of "TOP PRIZE $500,000" Instant Game tickets contains 150 tickets, packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 001 to 005 will be on the top page; tickets 006 to 010 on the next page; etc.; and tickets 146 to 150 will be on the last page with backs exposed. Ticket 001 will be folded over so the front of ticket 001 and 010 will be exposed.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "TOP PRIZE $500,000" Instant Game No. 805 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 "TOP PRIZE $500,000" Instant Game is determined once the latex on the ticket is scratched off to expose 9 (nine) Play Symbols. If a player reveals 3 (three) matching dollars amounts, the player wins that dollar amount. If a player reveals 3 (three) $50,000 dollar amount play symbols, the player wins $50,000 for 10 years. 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 9 (nine) 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 9 (nine) 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 9 (nine) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 9 (nine) 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 4 or more like play symbols.

C. No three or more non-winning pairs on a ticket.

D. Tickets can only win once.

2.3 Procedure for Claiming Prizes.

A. To claim a "TOP PRIZE $500,000" Instant Game prize of $1.00, $2.00, $3.00, $4.00, $5.00, $6.00, $10.00, $20.00, $30.00, $60.00 or $100, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $30.00, $60.00 or $100 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.D of these Game Procedures.

B. To claim a "TOP PRIZE $500,000" top level prize of $50,000/YR for 10 years, the claimant must sign the winning ticket and present it at Texas Lottery Commission headquarters in Austin, Texas. 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. When claiming a "TOP PRIZE $500,000" Instant Game prize of $50,000 a year for 10 years the claimant will receive,

1. Annually via direct deposit to the winner's account. With this plan, upon validation of the prize, a payment of $50,000 less any taxes and/or other offsets or mandatory withholdings required by law, will be made once a year on the first business day of the anniversary month of the claim. Annual payments will be made for a period of 10 years or a total of 10 annual to reach the total maximum payment of $500,000.

2. If a payment falls on a holiday or weekend, the payment will be made on the following business day.

D. As an alternative method of claiming a "TOP PRIZE $500,000" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

1. delinquent in the payment of a tax or other money collected by the Comptroller, 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.

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

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "TOP PRIZE $500,000" 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 "TOP PRIZE $500,000" 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 30,000,000 tickets in the Instant Game No. 805. The approximate number and value of prizes in the game are as follows:

Figure 3: 16 TAC GAME NO. 805 - 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. 805 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. 805, 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-200702546

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: June 20, 2007

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

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

Project Title and Number: Application of Comcast of Houston, LLC for an Amendment to its State-Issued Certificate of Franchise Authority, Project Number 34402 before the Public Utility Commission of Texas.

Information on the application may be obtained by contacting the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference Project Number 34402.

TRD-200702541

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 20, 2007

The Public Utility Commission of Texas received an application on June 15, 2007, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).

Project Title and Number: Application of Grande Communications Networks, Inc. for an Amendment to a State-Issued Certificate of Franchise Authority, Project Number 34412 before the Public Utility Commission of Texas.

Information on the application may be obtained by contacting the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference Project Number 34412.

TRD-200702543

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 20, 2007

On June 13, 2007, VarTec Telecom filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60252. Applicant intends to reflect a change in ownership/control.

The Application: Application of VarTec Telecom for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 34399.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than July 5, 2007. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 34399.

TRD-200702540

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 20, 2007

On June 14, 2007, Comtel Telcom Assets LP d/b/a Excel Telecommunications filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60228. Applicant intends to reflect a change in ownership/control.

The Application: Application of Comtel Telcom Assets LP d/b/a Excel Telecommunications for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 34403.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than July 5, 2007. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 34403.

TRD-200702542

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 20, 2007

Notice is given to the public of Dell Telephone Cooperative, Inc. (Dell Telephone) application filed with the Public Utility Commission of Texas (commission) on June 13, 2007, for approval of a minor rate change pursuant to P.U.C. Substantive Rule §26.171.

Docket Title and Number: Application of Dell Telephone Cooperative, Inc. for Approval of a Minor Rate Change Pursuant to Substantive Rule §26.171; Docket Number 34398.

The Application: Dell Telephone filed an application to increase its monthly recurring rates for Call Forwarding, Call Waiting, Speed Calling (8 and 30 Code) and Three-Way Calling services. Dell Telephone also intends to increase its Service Call and Returned Check rates. The proposed effective date for the proposed rate changes is October 1, 2007. The estimated annual revenue increase recognized by Dell Telephone is $7,386 or less than 5% of Dell Telephone's gross annual intrastate revenues. Dell Telephone has 850 access lines (residence and business) in service in the state of Texas.

If the commission receives a complaint(s) relating to this application signed by the lesser of 5% or 1,500 of the affected local service customers to which this application applies by August 31, 2007, the application will be docketed. The 5% limitation will be calculated based upon the total number of customers of record as of the calendar month preceding the commission's receipt of the complaint(s).

Persons wishing to comment on this application should contact the Public Utility Commission of Texas by August 31, 2007. Requests to intervene should be mailed to the commission's Filing Clerk at P.O. Box 13326, Austin, Texas 78711-3326, or you may call the commission at (512) 936-7120 or toll-free 1-800-735-2989. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 34398.

TRD-200702452

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 15, 2007

On June 13, 2007, the Public Utility Commission of Texas (commission) received a petition for emergency adoption of a commission rule and request for expedited open meeting consideration.

Project Title and Number: Petition of the Office of the Public Utility Counsel of Texas to Adopt Emergency and Permanent Customer Protection Rules; Project Number 34400.

Summary of Petition: On June 13, 2007, the Office of the Public Utility Counsel for Texas; AARP Texas; Texas Ratepayers Organization to Save Energy (TX ROSE); and the Texas Legal Services Center (TLSC), Public Citizen, Association of Community Organizations for Reform Now (ACORN), and Texas Association of Community Action Agencies (OPC and Consumer Groups) filed a petition with the Public Utility Commission of Texas (commission) pursuant to P.U.C. Procedural Rule §22.283. The petition is for Emergency Adoption of Substantive Rule §25.50 as approved at the July 20, 2006 Open Meeting, pursuant to P.U.C. Procedural Rule §22.283, and for Rulemaking to Modify Specific Substantive Rules to implement customer protection provisions of Senate Bill (SB) 482 in accordance with P.U.C. Procedural Rule §22.281. OPC and Consumer Groups respectfully request expedited adoption by the commission of P.U.C. Substantive Rule §25.50. OPC and Consumer Groups asserted that this rule to suspend disconnection of electric service for low-income elderly consumers and critical care Texas electric consumers is essential to protect health and safety. Additionally, OPC and Consumer Groups filed this pleading as a petition for a rulemaking to modify certain current commission rules, consistent with customer protection provisions of SB 482 and pursuant to P.U.C Procedural Rule §22.281 in order to provide for the commission to adopt permanent rules designed to accomplish the following: (1) protect certain at-risk customer classes from disconnection during time periods in which extreme weather conditions are likely to occur; (2) provide a waiver for security deposits for low-income residential customers 65 and over; and (3) and prohibit the imposition of certain cancellation fees.

Comments on the petition may be submitted to the commission's Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. Sixteen copies of comments to the proposed emergency rule are required to be filed pursuant to P.U.C. Procedural Rule §22.71(c). All comments should refer to Project Number 34400.

To obtain further information interested persons may call the commission toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll-free at 1-800-735-2989.

TRD-200702552

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 20, 2007

Notice of Contract Execution

The Texas Building and Procurement Commission (TBPC), on behalf of the Texas Council on Purchasing from People with Disabilities (TCPPD) announces the execution of a contract for Central Non-Profit Agency Services as solicited in Request for Proposal #303-7-10740, which was awarded to TIBH Industries, Inc. by vote of the TCPPD at its quarterly meeting held on March 23, 2007 and which was executed by the TCPPD at its quarterly meeting held on June 15, 2007.

For further information contact TCPPD, Attention: Kelvin Moore, (telephone) (512) 463-3244, (fax) (512) 236-6184, or (e-mail) kelvin.moore@tbpc.state.tx.us.

TRD-200702470

Susan Maldonado

Acting General Counsel

Texas Council on Purchasing from People with Disabilities

Filed: June 15, 2007

Notice is hereby given that the Texas Council on Purchasing from People with Disabilities (Council) will review and approve the management fee rate charged by the central nonprofit agency, TIBH Industries Inc., for its services to the community rehabilitation programs (CRPs) for Fiscal Year 2008 as required by §122.019(e) of the Texas Human Resources Code. This review will be conducted at the Council's meeting on Friday, September 21, 2007. The Council's meeting will be held at 1400 North Congress Ave., Capitol Extension, Austin, Texas, Room E2.026. TIBH Industries Inc. has requested that the Council set the management fee rate at 6.25% of the sales price for products, 6% of the contract price for services and 5% for Temporary Services. The Council seeks public comment on TIBH Industries Inc. management fee rate request as required by §122.030(a) - (b) of the Texas Human Resources Code.

Comments should be submitted in writing on or before Friday, September 7, 2007 to Kelvin Moore of the Texas Council on Purchasing from People with Disabilities, 1711 San Jacinto Blvd., Austin, Texas 78711.

For all other questions or comments, contact the Texas Council on Purchasing from People with Disabilities at (512) 436-3244. In addition, hearing and speech impaired individuals with text telephones (TTY) may also contact the Council on Purchasing from People with Disabilities at (512) 463-3244.

TRD-200702530

Susan Maldonado

Acting General Counsel

Texas Council on Purchasing from People with Disabilities

Filed: June 19, 2007

Notice is hereby given that the Texas Council on Purchasing from People with Disabilities (Council) intends to review the services provided by the central nonprofit agency, TIBH Industries Inc., for Fiscal Year 2007 as required by §122.019(c) of the Texas Human Resources Code. This review will be considered at the next Council meeting on Friday, September 21, 2007. The Council's meeting will be held at 1400 North Congress Avenue, Capitol Extension, Austin, Texas, Room E2.026. The Council requests that interested parties submit comments regarding the services of TIBH Industries Inc. in its operation of the State Use Program, under §122.019(a) - (b) of the Texas Human Resources Code.

Comments should be submitted in writing on or before Friday, September 7, 2007 to Kelvin Moore of the Texas Council on Purchasing from People with Disabilities, 1711 San Jacinto Boulevard, Austin, Texas 78711.

For all other questions or comments, contact the Texas Council on Purchasing from People with Disabilities at (512) 436-3244. In addition, hearing and speech-impaired individuals with text telephones (TTY) may also contact the Council on Purchasing from People with Disabilities at (512) 463-3244.

TRD-200702469

Susan Maldonado

Acting General Counsel

Texas Council on Purchasing from People with Disabilities

Filed: June 15, 2007

Invitation for Bid - Private Consultant Services

The Texas Department of Transportation (department) announces an Invitation for Bid (IFB) for private consultant services pursuant to Government Code, Chapter 2254, Subchapter B. The term of the contract will be from project initiation to 6 months later. The Public Transportation Division (division) of the department will administer the contract. The IFB will be released on June 29, 2007 and is contingent upon the finding of fact from the Governor's Office.

Purpose: The intent of the division and this IFB is to procure the professional services of a consultant to conduct an on-site safety and security review of the Metropolitan Transit Authority of Harris County (METRORail) rail fixed guideway system in accordance with the Federal Transit Administration of 49 CFR Part 659.29 and the department’s System Safety and Security Program Standard. At the conclusion of the on-site review, the consultant must prepare and issue a report containing findings and recommendations resulting from that review which includes an analysis of the effectiveness of the System Safety Program Plan and the System Security Plan and a determination of whether either should be updated. The consultant must work with the METRORail to resolve all outstanding issues resulting from the review within 90 working days of the conclusion of the on-site review.

Eligible Applicants: Eligible applicants include, but are not limited to, organizations that provide private consulting services.

Program Goal: an on-site safety and security review of the METRORail guideway system.

Review and Award Criteria: Each application will first be screened for completeness and timeliness. Proposals that are deemed incomplete or arrive after the deadline will not be reviewed. A team of reviewers from the division will evaluate the proposals as to the private consultant's competence, knowledge, and qualifications and as to the reasonableness of the proposed fee for the services. The criteria and review process are further described in the IFB.

Deadlines: Proposals must be prepared according to instructions in the IFB package and received by the department before 3:00 p.m. on August 6, 2007.

To Obtain a Copy of the IFB: Requests for a copy of the IFB should be submitted to Susan Hausmann, Texas Department of Transportation, Public Transportation Division, 125 East 11th Street, Austin, Texas 78701-2483. Telephone (512) 416-2833.

Copies will also be available on the department's Public Transportation Division web page at

http://www.dot.state.tx.us/services/public_transportation/default.htm.

TRD-200702536

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: June 20, 2007

In accordance with 43 TAC §15.8(d), the Texas Department of Transportation (TxDOT) will hold a public hearing on Tuesday, July 31, 2007, at 11:00 a.m. at the Texas Department of Transportation, 200 East Riverside Drive, Room 1A-2, Austin, Texas to receive public comments on the Statewide Transportation Improvement Program (STIP) for FY 2008-2011. The STIP reflects the federally funded transportation projects in the FY 2008-2011 Transportation Improvement Programs (TIPs) for each Metropolitan Planning Organization (MPO) in the state. The STIP will include both state and federally funded projects for the nonattainment areas of Beaumont, Dallas-Fort Worth, El Paso, and Houston. The STIP also contains information on federally funded projects in rural areas that are not included in any MPO area, and other statewide programs as listed.

Title 23, United States Code, §134 and §135, as amended by the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), the Transportation Equity Act for the Twenty-first (21st) Century (TEA-21), and the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), require each designated MPO and the state, respectively, to develop a TIP as a condition to securing federal funds for the next four years for transportation projects under Title 23 or the Federal Transit Act (49 USC 5301, et seq.).

Section 134(h) requires an MPO to develop its TIP in cooperation with the state and affected public transit operators; to provide citizens, affected public agencies, representatives of transportation agency employees, freight shippers, providers of freight transportation services, private providers of transportation, representatives of users of public transit, and other interested parties with a reasonable opportunity to comment on the proposed TIP; and further requires the TIP to be updated at least once every four years and to be approved by the MPO and the Governor or Governor's designee. Section 135(f) requires the state to develop a STIP for all areas of the state in cooperation with those designated MPO's, and further requires that citizens, affected public agencies, representatives of transportation agency employees, freight shippers, private providers of transportation, providers of freight transportation services, representatives of users of public transit, and other interested parties, be provided with a reasonable opportunity to comment on the proposed STIP.

A copy of the proposed FY 2008-2011 STIP will be available for review, at the time the notice of hearing is published, at each of the department's district offices, at the department's Transportation Planning and Programming Division offices located in Building 118, Second Floor, 118 East Riverside Drive, Austin, Texas, and on TxDOT's website at:

www.dot.state.tx.us

Persons wishing to review the STIP may do so online or contact the Transportation Planning and Programming Division at (512) 486-5023.

Persons wishing to speak may register in advance of the hearing by notifying Michelle Conkle, Transportation Planning and Programming Division, at (512) 486-5023 not later than Friday, July 27, 2007, or they may register at the hearing location beginning at 10:00 a.m. on the day of the hearing. Speakers will be taken in the order registered. Any interested person may appear and offer comments or testimony, either orally or in writing, however, questioning of witnesses will be reserved exclusively to the presiding authority as may be necessary to ensure a complete record. While any persons with pertinent comments or testimony will be granted an opportunity to present them during the course of the hearing, the presiding authority reserves the right to restrict testimony in terms of time or repetitive content. Groups, organizations, or associations should be represented by only one speaker. Speakers are requested to refrain from repeating previously presented testimony. Persons with disabilities who have special communication or accommodation needs or who plan to attend the hearing may contact Randall Dillard, Public Information Office, at 125 East 11th Street, Austin, Texas 78701-2483, (512) 305-9137. Requests should be made no later than three days prior to the hearing. Every reasonable effort will be made to accommodate the needs.

Further information on the FY 2008-2011 STIP may be obtained from Michelle Conkle, Transportation Planning and Programming Division, 118 East Riverside Drive, Austin, Texas 78704, (512) 486-5023. Interested parties who are unable to attend the hearing may submit comments to James L. Randall, P.E., Transportation Planning and Programming Division, 118 East Riverside Drive, Austin, Texas 78703. In order to be considered, all written comments must be received at the Transportation Planning and Programming office by August 15, 2007, at 4:00 p.m.

TRD-200702507

Bob Jackson

General Counsel

Texas Department of Transportation

Filed: June 18, 2007

The Texas Department of Transportation (department) announces a Request for Proposal (RFP) for private consultant services pursuant to Government Code, Chapter 2254, Subchapter B. The term of the contract will be from project initiation to 36 months later. The Maintenance Division (division) of the department will administer the contract. The RFP will be released on July 2, 2007 and is contingent upon the finding of fact from the Governor's Office.

Purpose: The intent of the division and this RFP is to procure a consultant to support the Compass Project through the implementation of a new Maintenance Management System (MMS). The consultant will support the division during the pre-procurement and post-procurement phases and will provide expertise, advice, and recommendations to the project management team. The consultant will advise on vendor evaluation, assist with project plan monitoring, help clarify requirements, and work with project focus groups through the business process definition. The consultant will provide assistance to the division throughout the life cycle of the Compass Project.

Eligible Applicants: Eligible applicants include, but are not limited to, organizations that provide private consulting services.

Program Goal: The successful implementation of a new MMS.

Review and Award Criteria: Each application will first be screened for completeness and timeliness. Proposals that are deemed incomplete or arrive after the deadline will not be reviewed. A team of reviewers from the division will evaluate the proposals as to the private consultant's competence, knowledge, and qualifications, and as to the reasonableness of the proposed fee for the services. The criteria and review process are further described in the RFP.

Deadlines: Proposals must be prepared according to instructions in the RFP package and received by the department before 5:00 p.m. on July 31, 2007.

To Obtain a Copy of the RFP: Requests for a copy of the RFP should be submitted to Brandye Payne, Texas Department of Transportation, Maintenance Division, 125 East 11th Street, Austin, Texas 78701-2483. Telephone (512) 416-3191. Fax (512) 416-2941.

Copies will also be available on the department's Maintenance Division web page at

http://www.dot.state.tx.us/mnt/contract/rfp.htm

or

http://www.dot.state.tx.us, Select About Us, Organizational Chart, Divisions, Maintenance, Request for Proposals/Qualifications.

TRD-200702535

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: June 20, 2007

County Commissioners Court Notice of Intent

The Commissioners Court of Waller County, pursuant to the Texas Administrative Code, hereby gives notice of its intent to request a Department of Aging and Disability Services contract for additional nursing home beds under the state Medicaid program in Waller County with regards to Texas Administrative Code on rural county waiver.

The Commissioners Court hereby requests that interested parties submit comments on whether the request should be made. Further, the Commissioners Court requests proposals from persons interested in providing additional Medicaid beds in the County, including persons providing Medicaid beds in a nursing home facility with a high occupancy rate.

Interested parties must forward comments or proposals to be received no later than July 30, 2007, at 10:00 a.m. to the Waller County Auditor's Office, 836 Austin Street Room 221, Hempstead, Texas 77445. Proposals shall be discussed in open Commissioners Court on August 2, 2007, at 9:00 a.m. at the County Annex Building, Hempstead, Texas.

If the Commissioners Court determines to proceed with a request after considering all comments and proposals received, it may recommend that the Department of Aging and Disability Services contract with a specific nursing facility that submitted a proposal. In making its decisions, the Commissioners Court must consider:

1. The demographic and economic needs of the county;

2. The quality of existing nursing facility services under the state Medicaid program in the county;

3. The quality of the proposals submitted; and

4. The degree of community support for additional nursing facility services.

TRD-200702423

Owen Ralston

Waller County Judge

Waller County

Filed: June 14, 2007