Texas Building and Procurement Commission
Request for Proposal
The Texas Building and Procurement Commission (TBPC) announces the issuance
of Request for Proposal (RFP) #303-7-11208. TBPC seeks a 5 year lease of approximately
10,500 square feet of office space in the west Dallas County or east Tarrant
County area, Texas.
The deadline for questions is March 8, 2007 and the deadline for proposals
is March 16, 2007 at 3:00 P.M. The award date is March 23, 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 an 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
REQUEST FOR PROPOSAL http://esbd.tbpc.state.tx.us/docs/303/69364_1.doc.
TRD-200700885
Ingrid K. Hansen
General Counsel
Texas Building and Procurement Commission
Filed: March 7, 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 February 23, 2007,
through March 1, 2007. As required by federal law, the public is given an
opportunity to comment on the consistency of proposed activities in the coastal
zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25,
506.32, and 506.41, the public comment period for these activities extends
30 days from the date published on the Coastal Coordination Council web site.
The notice was published on the web site on March 7, 2007. The public comment
period for these projects will close at 5:00 p.m. on April 6, 2007.
FEDERAL AGENCY ACTIONS:
Applicant: Gulf Marine Fabricators
; Location:
The project is located in Corpus Christi Bay at the facility located at 248
Farm-to-Market Road 1069, in Ingleside, San Patricio County, Texas. The project
can be located on the U.S.G.S. quadrangle map entitled: Port Ingleside, Texas.
Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 677975;
Northing: 3078750. Project Description: The applicant proposes to amend Permit
21175(07) to excavate a graving dock facility to be used during the fabrication
of an offshore oil/gas platform hull component. The graving dock will be located
in the south yard of the applicant's facility behind an existing bulkhead
and will measure 600 feet in length and 250 feet in width. Approximately 335,000
cubic yards of material would be mechanically excavated/hydraulically dredged
from the dock area to achieve a final depth of -35 feet mean low tide (MLT).
The excavated/dredged material would be placed in the applicant's on-site
placement area. The dock would consist of steel sheet-piled walls, a concrete
slab floor, and driven pile relieving platforms on the sides. Once the fabrication
of the hull is complete, the existing bulkhead wall would be pulled and the
graving dock would be flooded. The hull structure would then be floated out
of the dock and into the existing deepwater area (-45 feet MLT) located in
front of the proposed graving dock facility. From there, the platform hull
component would be towed through the Corpus Christi Ship Channel and eventually
to an offshore location. CCC Project No. : 07-0121-F1; Type of Application:
U.S.A.C.E. permit application #SWG-2006-2562 is being evaluated under §10
of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).
Applicant: James A. Whitson, Jr.
; Location:
The project is located approximately 3 miles southeast of Cedar Point in Galveston
Bay, State Tract (ST) 127, in Chambers County, Texas. The project can be located
on the U.S.G.S. quadrangle map entitled: Morgans Point, Texas. Approximate
UTM Coordinates in NAD 27 (meters): Zone 15; Proposed pipeline begins: Easting:
312668.16; Northing: 3279157.25. Proposed pipeline ends: Easting: 312037.81;
Northing: 3279193.29. Project Description: The applicant proposes to lay and
maintain two pipelines up to 3 inches in diameter and approximately 2,100
feet in length in the same ditch from an existing well in ST 127 to an existing
Davis Petroleum Corporation Platform also located in ST 127. The proposed
pipelines would be buried at least 6 feet below the mud line. CCC Project
No.: 07-0124-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-142
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: Texas Gulf Coast Stewards
; Location:
The project is located in State of Texas Waters, approximately 8 miles offshore.
Project Description: The project consists of thousands of reefs in 5 reef
site corridors. The reefs will be made from both pre-fabricated designs and
fill materials, with approximately 1,649,778 cubic yards of construction materials
and rubble. The reefs will directly impact about 3,500 acres of bottom of
the Gulf of Mexico over the 191,400-acre footprint of the 5 reef site corridors.
The project purpose is to provide habitat enhancement through the construction
of artificial reefs. The Texas Great Barrier Reef Program will be utilizing
donated obsolete bridge and concrete road-bed material, and non-functional
preformed concrete structures like broken concrete culverts and other similar
materials in addition to the fabricated structures. To provide habitat for
juvenile fishes and encrusting/boring organisms, oyster shell, limestone rock
(approximately one foot or less in diameter) and similar size pieces of clean
concrete material (rubble) will be placed on approved sites, often near or
around larger fabricated structures (see inserts showing relative profiles
and position on the bottom on drawings for Sections A through E and Reef Density
Analysis Plan). Because of the size and shape of these materials, they will
be low profile (less than 3 feet), but will usually have more surface area
than the fabricated material because of the volume and shape. All material
will first be brought to staging areas where it will be inspected by TGBRP
personnel and Texas Parks and Wildlife Department (TPWD) personnel, if they
so desire, to ensure that it meets TPWD standards before it is put out. The
applicant proposes to build reefs in 5 sites of a reefing corridor described
on the charts for sections (sites) A through E. Acreage by site is as follows:
Section A - 29,760 acres; Section B - 20,390 acres; Section C - 39,760 acres;
Section D - 27,890 acres; and Section E - 73,600 acres. The total area in
acres for these sections (sites) is 191,400 acres. We envision deploying a
total of 391,113 reef units over the whole reefing corridor. We are defining
a reef unit as an individual unit of fabricated material (approximately 3
cubic yards) or a single unit of approximately 8 cubic yards of other than
fabricated materials such as rubble, limestone rock, or oyster shells. This
is shown on the Reef Density Analysis Plan as a 25' x 25' Rubble Area. A reef
unit is a subset of a reef on a reef site. There will be thousands of reefs
in the reefing corridor made up of a number of fabricated and other than fabricated
materials. If we divided the material evenly between the 5 sites (Sections
A through E), there would be approximately 78, 223 reef units at each site
at maximum build out. The exact number of units and reefs deployed in a given
area or site, however, will depend on favorable bottom available, type of
habitat needed, and the amount of fishing pressure expected. Low profile rubble
and other low profile materials will only be used where the bottom type is
appropriate (not on soft or shifting sand bottoms). The total area covered
by these 391,113 reef units on all sites would be approximately 3,500 acres.
The total bottom area covered by reef material would be approximately 01.83%
of the proposed reefing corridor (3,500/191,400). Therefore, there are 206,222
of these reef units at 8 cubic yards each included in our calculations for
a total of 1,649,778 cubic yards for the whole reefing area or about 330,000
cubic yards per site, assuming equal distribution among sites. There are 184,891
fabricated reef units included in our calculations at 3 cubic yards each for
a total of 554,673 cubic yards or about 111,000 cubic yards per site, assuming
equal distribution among sites. The total volume of all type of reef units
over the whole reefing area would be approximately 2,204,451 cubic yards (1,649,778
+ 554,673). This was rounded up to 2,204,500 in the Reef Density Analysis
Plan. We estimate the acreage (footprint) of the material used in the TGBRP
at potential build out to be about 3,500 acres. CCC Project No.: 07-0126-F1;
Type of Application: U.S.A.C.E. permit application #SWG-2006-2523 is being
evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972
(16 U.S.C.A. §§1451-1464), as amended, interested parties are invited
to submit comments on whether a proposed action is or is not consistent with
the Texas Coastal Management Program goals and policies and whether the action
should be referred to the Coastal Coordination Council for review.
Further information on the applications listed above may be obtained from
Ms. Tammy Brooks, Consistency Review Coordinator, Coastal Coordination Council,
P.O. Box 12873, Austin, Texas 78711-2873, or tammy.brooks@glo.state.tx.us.
Comments should be sent to Ms. Brooks at the above address or by fax at (512)
475-0680.
TRD-200700905
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: March 7, 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
and §303.009, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of 03/12/07 - 03/18/07 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 03/12/07 - 03/18/07 is 18% for Commercial over $250,000.
1
Credit for personal, family or household
use.
2
Credit for business, commercial, investment
or other similar purpose.
TRD-200700866
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: March 6, 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
April 16, 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 April 16, 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: Brazos Valley Petroleum Corporation dba In & Out 7; DOCKET
NUMBER: 2006-1872-PST-E; IDENTIFIER: RN102482346; LOCATION: Vidor, Orange
County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULE VIOLATED: 30 Texas Administrative Code (TAC) §334.72(2), by failing
to report a suspected release; 30 TAC §334.10(b), by failing to maintain
all underground storage tank (UST) records and make them available for inspection
to commission personnel upon request; and 30 TAC §334.74(3), by failing
to immediately investigate and confirm a suspected release of regulated substances;
PENALTY: $12,240; ENFORCEMENT COORDINATOR: Deana Holland, (512) 239-2504;
REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(2) COMPANY: Flying J Inc. dba Flying J C Store; DOCKET NUMBER: 2006-1813-PST-E;
IDENTIFIER: RN100814458; LOCATION: El Paso, El Paso County, Texas; TYPE OF
FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED:
30 TAC §334.8(c)(5)(C), by failing to ensure that a legible tag, label,
or marking with the tank number is permanently applied upon or affixed to
either the top of the fill tube or to a nonremovable point; 30 TAC §334.7(d)(3),
by failing to provide written notice of any change or additional information;
and 30 TAC §334.48(c), by failing to conduct effective manual or automatic
inventory control procedures for all USTs; PENALTY: $5,457; ENFORCEMENT COORDINATOR:
Jason Godeaux, (512) 239-2541; REGIONAL OFFICE: 401 East Franklin Avenue,
Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.
(3) COMPANY: Arthur D. Henricks, III; DOCKET NUMBER: 2007-0267-WOC-E; IDENTIFIER:
RN103698635; LOCATION: Stephenville, Erath County, Texas; TYPE OF FACILITY:
water operation; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain
a required occupational license; PENALTY: $210; ENFORCEMENT COORDINATOR: Melissa
Keller, (512) 239-1768; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas
76118-6951, (817) 588-5800.
(4) COMPANY: River Acres Water Supply Corporation; DOCKET NUMBER: 2006-2028-PWS-E;
IDENTIFIER: RN101222966; LOCATION: Nueces County, Texas; TYPE OF FACILITY:
public water supply; RULE VIOLATED: 30 TAC §290.110(b)(4) and Texas Health
& Safety Code (THSC), §341.0315(c), by failing to maintain the residual
disinfectant concentration; 30 TAC §290.42(d)(2)(F) and §290.44(d)(1),
by failing to install air release devices; 30 TAC §290.121(a), by failing
to maintain an up-to-date chemical and microbiological plan; and 30 TAC §290.45(f)(1),
by failing to secure a written contract, a signed document of specific terms,
or a memorandum or letter of understanding between the purchaser and wholesaler;
PENALTY: $735; ENFORCEMENT COORDINATOR: Andrea Linson-Mgbeoduru, (512) 239-1482;
REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503,
(361) 825-3100.
(5) COMPANY: Starrville Water Supply Corporation; DOCKET NUMBER: 2007-0098-PWS-E;
IDENTIFIER: RN101450237; LOCATION: Winona, Smith County, Texas; TYPE OF FACILITY:
public water supply; RULE VIOLATED: 30 TAC §290.113(f)(4), by exceeding
the maximum contaminant level for total trihalomethanes; PENALTY: $750; ENFORCEMENT
COORDINATOR: Andrea Linson-Mgbeoduru, (512) 239-1482; REGIONAL OFFICE: 2916
Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(6) COMPANY: The Dow Chemical Company; DOCKET NUMBER: 2006-2006-AIR-E;
IDENTIFIER: RN100225945; LOCATION: Brazoria County, Texas; TYPE OF FACILITY:
chemical manufacturing plant; RULE VIOLATED: 30 TAC §116.715(a), Flexible
Permit Number 20432, Special Condition Chapter III-1, and THSC, §382.085(b),
by failing to prevent unauthorized emissions; and 30 TAC §116.115(c),
New Source Review Permit Number 7836, Special Condition 1, and THSC, §382.085(b),
by failing to prevent unauthorized emissions; PENALTY: $20,000; ENFORCEMENT
COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(7) COMPANY: Ullah Brothers, Incorporated dba Sinton Travel Center; DOCKET
NUMBER: 2006-1916-PST-E; IDENTIFIER: RN101815546; LOCATION: Sinton, San Patricio
County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULE VIOLATED: 30 TAC §334.50(b)(2) and the Code, §26.3475(a), by
failing to provide release detection for the piping associated with the UST
system; 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475(a),
by failing to test the line leak detectors; 30 TAC §334.72(3)(A), by
failing to report a suspected release; and 30 TAC §334.74, by failing
to immediately investigate and confirm a suspected release of regulated substances;
PENALTY: $16,000; ENFORCEMENT COORDINATOR: Deana Holland, (512) 239-2504;
REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503,
(361) 825-3100.
(8) COMPANY: White Oak Utilities, Inc.; DOCKET NUMBER: 2006-1981-MWD-E;
IDENTIFIER: RN102335825; LOCATION: Montgomery County, Texas; TYPE OF FACILITY:
water reclamation plant; RULE VIOLATED: 30 TAC §305.125(1), Texas Pollutant
Discharge Elimination System Permit Number 14133001, Effluent Limitations
and Monitoring Requirements Numbers 1 and 2, Sludge Provisions, and the Code,
§26.121(a), by failing to comply with the permitted effluent limits and
by failing to submit the annual sludge report; PENALTY: $5,400; ENFORCEMENT
COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(9) COMPANY: City of Wilmer; DOCKET NUMBER: 2006-1884-PWS-E; IDENTIFIER:
RN101414332; LOCATION: Wilmer, Dallas County, Texas; TYPE OF FACILITY: public
water supply; RULE VIOLATED: 30 TAC §290.46(e)(4)(C), (m), (m)(4), and
THSC, §341.033(a), by failing to employ at least two operators holding
a Class "C" license or higher groundwater license, by failing to initiate
maintenance and housekeeping practices to ensure good working conditions and
general appearance, and by failing to maintain the water storage facilities;
30 TAC §290.45(b)(1)(D)(i) and THSC, §341.0315(c), by failing to
provide a well capacity of 0.6 gallons per minute per connection; and 30 TAC
§290.46(d)(2)(A) and §290.110(b)(4), by failing to maintain a minimum
chlorine residual of at least 0.2 milligrams per liter throughout the distribution
system; PENALTY: $2,087; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492;
REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
TRD-200700865
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: March 6, 2007
An agreed order was entered regarding City of Coleman, Docket No. 2003-0347-MLM-E
on February 26, 2007 assessing $9,115 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Laurencia Fasoyiro, Staff Attorney at (713) 422-8914, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Pharr, Docket No. 2003-0357-PST-E
on February 26, 2007 assessing $22,500 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Lena Roberts, Staff Attorney at (512) 239-0019, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Ricardo Ortega dba Ortega's Trees
& Landscaping, Docket No. 2003-0543-LII-E on February 26, 2007 assessing
$250 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Laurencia Fasoyiro, Staff Attorney at (713) 422-8914, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Will Harper, Docket No. 2004-0982-PST-E
on February 26, 2007 assessing $3,150 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
James Sallans, Staff Attorney at (512) 239-2053 , Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Imran Investments, Inc. dba Mainland
Texaco, Docket No. 2004-1114-PST-E on February 26, 2007 assessing $3,200 in
administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Justin Lannen, Staff Attorney at (817) 588-5927, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Teer Plating Co., Inc., Docket No.
2004-2109-IHW-E on February 26, 2007 assessing $35,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
James Sallans, Staff Attorney at (512) 239-2053, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Madat Hirani dba Circle J Food Store,
Docket No. 2005-0041-PST-E on February 26, 2007 assessing $4,500 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Rachael Gaines, Staff Attorney at (512) 239-0078, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding New Town Water Corporation, Docket
No. 2005-0135-PWS-E on February 26, 2007 assessing $1,500 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Shawn Slack, Staff Attorney at (512) 239-0063, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Port Arthur, Docket No. 2005-0884-MSW-E
on February 26, 2007 assessing $10,125 in administrative penalties with $2,025
deferred.
Information concerning any aspect of this order may be obtained by contacting
Tom Greimel, Enforcement Coordinator at (512) 239-5690, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Metroplex Lucky Star, LLC dba Coastal
1, Docket No. 2005-1189-PST-E on February 26, 2007 assessing $3,150 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Jacquelyn Boutwell, Staff Attorney at (512) 239-5846, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Alpine, Docket No. 2005-1242-MLM-E
on February 26, 2007 assessing $15,432 in administrative penalties with $3,086
deferred.
Information concerning any aspect of this order may be obtained by contacting
Brent Hurta, Enforcement Coordinator at (512) 239-6589, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Sadruddin & Sons, Inc. dba Churchill
Grocery, Docket No. 2005-1291-PWS-E on February 26, 2007 assessing $3,850
in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Mark Curnutt, Staff Attorney at (512) 239-0624, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding U.S. International Boundary and Water
Commission, Docket No. 2005-1298-PWS-E on February 26, 2007 assessing $665
in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Becky Combs, Staff Attorney at (512) 239-6939, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Texas Parks and Wildlife Department,
Docket No. 2005-1801-MWD-E on February 23, 2007 assessing $6,080 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Robert Mosley, Staff Attorney at (512) 239-0627, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding EAS Oil, LLC dba Stage Coach Stop,
Docket No. 2005-1990-PWS-E on February 26, 2007 assessing $2,500 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Cari-Michel La Caille, Enforcement Coordinator at (512) 239-1387, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Janice L. Wilson, Docket No. 2006-0271-LII-E
on February 26, 2007 assessing $250 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Lena Roberts, Staff Attorney at (512) 239-0019, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding ISP Synthetic Elastomers LP, Docket
No. 2006-0422-AIR-E on February 26, 2007 assessing $3,225 in administrative
penalties with $645 deferred.
Information concerning any aspect of this order may be obtained by contacting
Daniel Siringi, Enforcement Coordinator at (409) 899-8799, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Price Construction, Ltd., Docket
No. 2006-0537-AIR-E on February 26, 2007 assessing $6,000 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Rachael Gaines, Staff Attorney at (512) 239-0078, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding BFI Waste Services of Texas, LP dba
Allied Waste Services of Beaumont, Docket No. 2006-0742-MSW-E on February
26, 2007 assessing $500 in administrative penalties with $100 deferred.
Information concerning any aspect of this order may be obtained by contacting
Audra Ruble, Enforcement Coordinator at (361) 825-3126, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Tom Woodruff Signature Homes, L.L.C.,
Docket No. 2006-0757-WQ-E on February 26, 2007 assessing $3,600 in administrative
penalties with $720 deferred.
Information concerning any aspect of this order may be obtained by contacting
Clinton Sims, Enforcement Coordinator at (512) 239-6933, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Sunoco, Inc. (R&M), Docket No.
2006-0783-AIR-E on February 26, 2007 assessing $10,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
John Barry, Enforcement Coordinator at (409) 899-8781, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding C. Kun, Corp. dba One Hour Martinizing,
Docket No. 2006-0788-DCL-E on February 26, 2007 assessing $1,185 in administrative
penalties with $237 deferred.
Information concerning any aspect of this order may be obtained by contacting
Cheryl Thompson, Enforcement Coordinator at (817) 588-5886, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Texas Barge & Boat, Inc., Docket
No. 2006-0874-AIR-E on February 26, 2007 assessing $21,700 in administrative
penalties with $4,340 deferred.
Information concerning any aspect of this order may be obtained by contacting
Miriam Hall, Enforcement Coordinator at (512) 239-1044, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Cu Hoang, Docket No. 2006-0877-MSW-E
on February 26, 2007 assessing $2,500 in administrative penalties with $500
deferred.
Information concerning any aspect of this order may be obtained by contacting
Tom Greimel, Enforcement Coordinator at (512) 239-5690, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Cerrito Gas Processing, L.L.C., Docket
No. 2006-0947-AIR-E on February 26, 2007 assessing $1,090 in administrative
penalties with $218 deferred.
Information concerning any aspect of this order may be obtained by contacting
Jessica Rhodes, Enforcement Coordinator at (512) 239-2879, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Clarke Products, Inc., Docket No.
2006-0959-AIR-E on February 26, 2007 assessing $25,000 in administrative penalties
with $5,000 deferred.
Information concerning any aspect of this order may be obtained by contacting
John Barry, Enforcement Coordinator at (409) 899-8781, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Pflugerville, Docket No.
2006-0966-MWD-E on February 26, 2007 assessing $12,700 in administrative penalties
with $2,540 deferred.
Information concerning any aspect of this order may be obtained by contacting
Merrilee Hupp, Enforcement Coordinator at (512) 239-4490, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Jose I. Ortiz dba Quality First Cleaners,
Docket No. 2006-1007-DCL-E on February 26, 2007 assessing $1,185 in administrative
penalties with $237 deferred.
Information concerning any aspect of this order may be obtained by contacting
Rajesh Acharya, Enforcement Coordinator at (512) 239-0577, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Kerrville, Docket No. 2006-1021-MWD-E
on February 26, 2007 assessing $24,900 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Brent Hurta, Enforcement Coordinator at (512) 239-6589, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Tim O'Brien dba O'Brien's Restaurant,
Docket No. 2006-1033-PWS-E on February 26, 2007 assessing $2,840 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Colin Barth, Enforcement Coordinator at (512) 239-0086, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Chivly Kaing Pich dba Bernard Grocery,
Docket No. 2006-1061-PWS-E on February 26, 2007 assessing $950 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Epifanio Villareal, Enforcement Coordinator at (210) 403-4033, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Noorain, Inc. dba Country Cleaners,
Joy Cleaners, Professional Cleaners, Deluxe Cleaners, and Country Cleaners,
Docket No. 2006-1088-DCL-E on February 26, 2007 assessing $5,157 in administrative
penalties with $1,034 deferred.
Information concerning any aspect of this order may be obtained by contacting
Jorge Ibarra, Enforcement Coordinator at (817) 588-5890, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Ballinger, Docket No. 2006-1102-PWS-E
on February 26, 2007 assessing $765 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Amy Martin, Enforcement Coordinator at (512) 239-2540, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Hamid Enterprises Inc. dba Dilleys
Dry Cleaner, Docket No. 2006-1104-DCL-E on February 26, 2007 assessing $1,185
in administrative penalties with $237 deferred.
Information concerning any aspect of this order may be obtained by contacting
Craig Fleming, Enforcement Coordinator at (512) 239-5806, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Maverick County, Docket No. 2006-1129-PWS-E
on February 26, 2007 assessing $1,880 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Epifanio Villareal, Enforcement Coordinator at (210) 403-4033, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Al-Ameen, Inc. dba Plus Cleaners,
Docket No. 2006-1134-DCL-E on February 26, 2007 assessing $1,185 in administrative
penalties with $237 deferred.
Information concerning any aspect of this order may be obtained by contacting
Suzanne Walrath, Enforcement Coordinator at (512) 239-2134, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding James A. Buford dba Buford's Cleaning,
Docket No. 2006-1161-DCL-E on February 26, 2007 assessing $1,185 in administrative
penalties with $237 deferred.
Information concerning any aspect of this order may be obtained by contacting
Tom Greimel, Enforcement Coordinator at (512) 239-5690, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Henry Janer dba 1.35 Cleaners, Docket
No. 2006-1214-DCL-E on February 26, 2007 assessing $1,185 in administrative
penalties with $237 deferred.
Information concerning any aspect of this order may be obtained by contacting
Rajesh Acharya, Enforcement Coordinator at (512) 239-0577, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Roger Gomez dba Optimum Calves and
Optimum Calves, L.L.C., Docket No. 2006-1231-AGR-E on February 26, 2007 assessing
$7,350 in administrative penalties with $1,470 deferred.
Information concerning any aspect of this order may be obtained by contacting
Lynley Doyen, Enforcement Coordinator at (512) 239-1364, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding La Moderna, Inc., Docket No. 2006-1233-AIR-E
on February 26, 2007 assessing $1,490 in administrative penalties with $298
deferred.
Information concerning any aspect of this order may be obtained by contacting
Miriam Hall, Enforcement Coordinator at (512) 239-1044, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding PJ's Cleaners, Inc. dba US Cleaners,
Docket No. 2006-1239-DCL-E on February 26, 2007 assessing $2,370 in administrative
penalties with $474 deferred.
Information concerning any aspect of this order may be obtained by contacting
Epifanio Villareal, Enforcement Coordinator at (210) 403-4033, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Lufkin Industries, Inc., Docket No.
2006-1258-AIR-E on February 26, 2007 assessing $4,250 in administrative penalties
with $850 deferred.
Information concerning any aspect of this order may be obtained by contacting
John Barry, Enforcement Coordinator at (409) 899-8781, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Stepano Young Kim, Jr. dba Brookhaven
Cleaners, Docket No. 2006-1270-DCL-E on February 26, 2007 assessing $880 in
administrative penalties with $176 deferred.
Information concerning any aspect of this order may be obtained by contacting
Samuel Short, Enforcement Coordinator at (512) 239-5363, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Mikyung Lim dba Fountain Place Cleaners,
Docket No. 2006-1314-DCL-E on February 26, 2007 assessing $889 in administrative
penalties with $178 deferred.
Information concerning any aspect of this order may be obtained by contacting
Colin Barth, Enforcement Coordinator at (512) 239-0086, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Iturrino and Associates, Inc. dba
Dry Cleaner Super Center, Docket No. 2006-1321-DCL-E on February 26, 2007
assessing $889 in administrative penalties with $178 deferred.
Information concerning any aspect of this order may be obtained by contacting
Suzanne Walrath, Enforcement Coordinator at (512) 239-2134, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Abdourezak M. Oman dba Lincoln Centre
Cleaners, Docket No. 2006-1322-DCL-E on February 26, 2007 assessing $1,185
in administrative penalties with $237 deferred.
Information concerning any aspect of this order may be obtained by contacting
Colin Barth, Enforcement Coordinator at (512) 239-0086, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding MH Cleaners, Inc. dba Lone Star Cleaners
& Laundry, Docket No. 2006-1341-DCL-E on February 26, 2007 assessing $1,185
in administrative penalties with $237 deferred.
Information concerning any aspect of this order may be obtained by contacting
Alison Echlin, Enforcement Coordinator at (512) 239-3308, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Windemere Lakes, L.L.C. dba $1.25
Dry Clean World, Docket No. 2006-1357-DCL-E on February 26, 2007 assessing
$889 in administrative penalties with $178 deferred.
Information concerning any aspect of this order may be obtained by contacting
Samuel Short, Enforcement Coordinator at (512) 239-5363, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Jaime Granados dba McAllen Cleaners,
Docket No. 2006-1375-DCL-E on February 26, 2007 assessing $1,185 in administrative
penalties with $237 deferred.
Information concerning any aspect of this order may be obtained by contacting
Shontay Wilcher, Enforcement Coordinator at (512) 239-2136, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Royal Family Corporation dba A-1
Cleaners, Docket No. 2006-1377-DCL-E on February 26, 2007 assessing $912 in
administrative penalties with $182 deferred.
Information concerning any aspect of this order may be obtained by contacting
Tom Greimel, Enforcement Coordinator at (512) 239-5690, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Dung Van Le dba 1.19 Super Cleaners,
Docket No. 2006-1417-DCL-E on February 26, 2007 assessing $1,209 in administrative
penalties with $242 deferred.
Information concerning any aspect of this order may be obtained by contacting
Suzanne Walrath, Enforcement Coordinator at (512) 239-2134, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding 777 Enterprises, Inc. dba C Martinez
Tailors & Dry Cleaners, Docket No. 2006-1425-DCL-E on February 26, 2007
assessing $3,023 in administrative penalties with $606 deferred.
Information concerning any aspect of this order may be obtained by contacting
Jorge Ibarra, Enforcement Coordinator at (817) 588-5890, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Magellan Pipeline Company, L.P.,
Docket No. 2006-1439-AIR-E on February 26, 2007 assessing $2,000 in administrative
penalties with $400 deferred.
Information concerning any aspect of this order may be obtained by contacting
Bryan Elliott, Enforcement Coordinator at (512) 239-6162, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Rental Service Corporation, Docket
No. 2006-1441-AIR-E on February 26, 2007 assessing $1,200 in administrative
penalties with $240 deferred.
Information concerning any aspect of this order may be obtained by contacting
Jessica Rhodes, Enforcement Coordinator at (512) 239-2879, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Paul Martin Moore III dba D &
M Cleaners, Docket No. 2006-1477-DCL-E on February 26, 2007 assessing $889
in administrative penalties with $178 deferred.
Information concerning any aspect of this order may be obtained by contacting
Tom Greimel, Enforcement Coordinator at (512) 239-5690, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Heather Anne Jernigan dba Jernigan
Cleaners, Docket No. 2006-1501-DCL-E on February 26, 2007 assessing $889 in
administrative penalties with $178 deferred.
Information concerning any aspect of this order may be obtained by contacting
Jason Godeaux, Enforcement Coordinator at (512) 239-2541, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Tinh Nguyen dba Hi Quality Cleaners,
Docket No. 2006-1536-DCL-E on February 26, 2007 assessing $1,040 in administrative
penalties with $208 deferred.
Information concerning any aspect of this order may be obtained by contacting
Jason Godeaux, Enforcement Coordinator at (512) 239-2541, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Van Thi Pham dba NY Cleaners, Docket
No. 2006-1561-DCL-E on February 26, 2007 assessing $1,185 in administrative
penalties with $237 deferred.
Information concerning any aspect of this order may be obtained by contacting
Harvey Wilson, Enforcement Coordinator at (512) 239-0321, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Bill L. Dover Company, Inc. dba Wildwood
Country Store, Docket No. 2006-1567-PST-E on February 26, 2007 assessing $1,940
in administrative penalties with $388 deferred.
Information concerning any aspect of this order may be obtained by contacting
Judy Kluge, Enforcement Coordinator at (817) 588-5825, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding D & M Cleaners, Inc. dba D &
M Cleaners, Docket No. 2006-1580-DCL-E on February 26, 2007 assessing $889
in administrative penalties with $178 deferred.
Information concerning any aspect of this order may be obtained by contacting
Cari-Michel La Caille, Enforcement Coordinator at (512) 239-1387, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding 6914 M.L.K. Center, Inc. dba Pilgrim
Laundry & Dry Cleaners, Docket No. 2006-1607-DCL-E on February 26, 2007
assessing $1,067 in administrative penalties with $214 deferred.
Information concerning any aspect of this order may be obtained by contacting
Suzanne Walrath, Enforcement Coordinator at (512) 239-2134, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Rainbow $1.25 Cleaners, Inc. dba
Rainbow Cleaners IV, Docket No. 2006-1610-DCL-E on February 26, 2007 assessing
$285 in administrative penalties with $57 deferred.
Information concerning any aspect of this order may be obtained by contacting
Jorge Ibarra, Enforcement Coordinator at (817) 588-5890, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Raymond Goolsby dba Rainbow Cleaners,
Docket No. 2006-1612-DCL-E on February 26, 2007 assessing $2,134 in administrative
penalties with $426 deferred.
Information concerning any aspect of this order may be obtained by contacting
Jorge Ibarra, Enforcement Coordinator at (817) 588-5890, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Alvin G. Randolph dba Crown Cleaners,
Docket No. 2006-1620-DCL-E on February 26, 2007 assessing $1,185 in administrative
penalties with $237 deferred.
Information concerning any aspect of this order may be obtained by contacting
Libby Hogue, Enforcement Coordinator at (512) 239-1165, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Hye Yon Taylor dba Texas Cleaners,
Docket No. 2006-1648-DCL-E on February 26, 2007 assessing $1,185 in administrative
penalties with $237 deferred.
Information concerning any aspect of this order may be obtained by contacting
Samuel Short, Enforcement Coordinator at (512) 239-5363, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding John Thames Excavating, Ltd., Docket
No. 2006-1688-WQ-E on February 26, 2007 assessing $1,600 in administrative
penalties with $320 deferred.
Information concerning any aspect of this order may be obtained by contacting
Pam Campbell, Enforcement Coordinator at (512) 239-4493, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Kyung Hughes dba Jen's Cleaners,
Docket No. 2006-1707-DCL-E on February 26, 2007 assessing $1,185 in administrative
penalties with $237 deferred.
Information concerning any aspect of this order may be obtained by contacting
Craig Fleming, Enforcement Coordinator at (512) 239-5806, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A field citation was entered regarding Nash Trucking & Construction
Inc., Docket No. 2006-1913-WQ-E on February 26, 2007 assessing $875 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Steven Lopez, Enforcement Coordinator at (512) 239-1896, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Mylan Enterprises, Inc. dba Dry Clean
Super Center, Docket No. 2006-1435-DCL-E on February 26, 2007 assessing $889
in administrative penalties with $178 deferred.
Information concerning any aspect of this order may be obtained by contacting
Suzanne Walrath, Enforcement Coordinator at (512) 239-2134, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
TRD-200700897
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: March 7, 2007
The Texas Commission on Environmental Quality (TCEQ or commission) announces
the availability of the Draft 2006 Clean Water Act (CWA), §305(b) Water
Quality Inventory and the §303(d) List. The report is an overview of
the status of surface waters in the state, including concerns for public health,
fitness for use by aquatic species and other wildlife, and specific pollutants
and their possible sources. In addition, a draft summary is provided of water
bodies that do not support beneficial uses or water quality criteria and those
water bodies that demonstrate cause for concern. The report is used by TCEQ
for management decisions including monitoring, planning, implementing, and
funding best management practices to control pollution sources, and to develop
a list of impaired waters for selecting parameters for which total maximum
daily load analyses will be initiated.
For 2006, TCEQ will submit an integrated report to the United States Environmental
Protection Agency (EPA) following the format introduced in 2002. The report
was developed using the 2000 Texas Surface Water Quality Standards adopted
by TCEQ.
The report will be available March 19, 2007, on the TCEQ Web site at: http://www.tceq.state.tx.us/compliance/monitoring/water/quality/data/06twqi/twqi06.html. Information regarding the public comment period may also be found
on the Web site at:
http://www.tceq.state.tx.us/compliance/monitoring/water/quality/data/06twqi/public_comment.html
. Review and comment on individual water bodies and the summaries,
as described on the Web site, are encouraged in the period before April 18,
2007.
Any data and information provided to TCEQ to refute or substantiate current
assessments must be submitted in summary format, collected using approved
TCEQ methods and materials, and consistent with TCEQ quality assurance requirements.
After the public comment period, TCEQ will evaluate all additional data
or information received. If any additional data or information submitted influences
the draft inventory and list, this will be reflected in the final Draft 2006
Water Quality Inventory and the §303(d) List submitted to the EPA for
approval.
TCEQ will consider and respond to comments received on the draft during
the March 19 - April 18, 2007, comment period in the "Response to Comments"
document to be posted on the Web site with the Draft 2006 Water Quality Inventory
and the §303(d) List. TCEQ will not respond to comments regarding guidance
issues other than those that impact changes implemented in 2006.
Comments must be received by 5:00 p.m. on April 18, 2007. Information must
be submitted in writing and cannot be accepted by phone. Individuals unable
to access documents on the TCEQ Web site may contact M. Blair, Texas Commission
on Environmental Quality, Monitoring Operations Division, MC 165, P.O. Box
13087, Austin, Texas 78711-3087.
TRD-200700867
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: March 6, 2007
Notice issued March 6, 2007.
TCEQ Internal Control No. 09112006-D09; Santo Water Supply Corporation
(the "Petitioner") filed a petition with the Texas Commission on Environmental
Quality (TCEQ) to convert Santo Water Supply Corporation to Santo Special
Utility District (the "District") and to transfer Certificate of Convenience
and Necessity (CCN) No. 11388 from Santo Water Supply Corporation to Santo
Special Utility District. Santo Special Utility District's business address
will be: P.O. Box 248, Santo, TX 76472-0248. The petition was filed pursuant
to Chapters 49 and 65 of the Texas Water Code, 30 Texas Administrative Code
Chapters 291 and 293, and the procedural rules of the TCEQ. The proposed District
is located in Palo Pinto, Hood, and Parker counties and will contain approximately
84,725 acres. The territory to be included in the proposed District includes
all of the singularly certified service area covered by CCN No. 11388. CCN
No. 11388 will be transferred after a positive confirmation election.
INFORMATION SECTION
The TCEQ may grant a contested case hearing on this petition if a written
hearing request is filed within 30 days after the newspaper publication of
this notice. To request a contested case hearing, you must submit the following:
(1) your name (or for a group or association, an official representative),
mailing address, daytime phone number, and fax number, if any; (2) the name
of the Petitioner and the TCEQ Internal Control Number; (3) the statement
"I/we request a contested case hearing"; (4) a brief description of how you
would be affected by the petition in a way not common to the general public;
and (5) the location of your property relative to the proposed District's
boundaries. You may also submit your proposed adjustments to the petition.
Requests for a contested case hearing must be submitted in writing to the
Office of the Chief Clerk at the address provided in the information section
below. The Executive Director may approve the petition unless a written request
for a contested case hearing is filed within 30 days after the newspaper publication
of this notice. If a hearing request is filed, the Executive Director will
not approve the petition and will forward the petition and hearing request
to the TCEQ Commissioners for their consideration at a scheduled Commission
meeting. If a contested case hearing is held, it will be a legal proceeding
similar to a civil trial in state district court. Written hearing requests
should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box
13087, Austin, TX 78711-3087. For information concerning the hearing process,
please contact the Public Interest Counsel, MC 103, at the same address. For
additional information, individual members of the general public may contact
the Districts Review Team, at (512) 239-4691. Si desea información
en Español, puede llamar al (512) 239-0200. General information regarding
TCEQ can be found at our web site at www.tceq.state.tx.us.
TRD-200700896
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: March 7, 2007
Notice issued February 28, 2007.
APPLICATION NO. 12105; Stephen T. Brown, Dolores C. Brown, and Boston T.
Brown, P.O. Box 321, West Columbia, TX 77486, Applicant, have applied for
a Water Use Permit to divert and use not to exceed 250 acre-feet of water
from the San Bernard River, Brazos-Colorado River Basin for storage in an
off-channel reservoir and subsequent diversion for agricultural purposes in
Brazoria County. The application and fees were received on August 31, 2006.
Additional information was received on November 10 and December 7, 2006. The
application was accepted for filing and declared administratively complete
on December 27, 2006. Written public comments and requests for a public meeting
should be submitted to the Office of Chief Clerk, at the address provided
in the information section below, within 30 days of the date of newspaper
publication of the notice.
INFORMATION SECTION
To view the complete issued notices, view the notices on our web site at
www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call the Office of the
Chief Clerk at 512- 239-3300 to obtain a copy of the complete notice. When
searching the web site, type in the issued date range shown at the top of
this document to obtain search results.
A public meeting is intended for the taking of public comment, and is not
a contested case hearing.
The Executive Director can consider approval of an application unless a
written request for a contested case hearing is filed. To request a contested
case hearing, you must submit the following: (1) your name (or for a group
or association, an official representative), mailing address, daytime phone
number, and fax number, if any: (2) applicant's name and permit number; (3)
the statement "[I/we] request a contested case hearing;" and (4) a brief and
specific description of how you would be affected by the application in a
way not common to the general public. You may also submit any proposed conditions
to the requested application which would satisfy your concerns. Requests for
a contested case hearing must be submitted in writing to the TCEQ Office of
the Chief Clerk at the address provided in the information section below.
If a hearing request is filed, the Executive Director will not issue the
requested permit and may forward the application and hearing request to the
TCEQ Commissioners for their consideration at a scheduled Commission meeting.
Written hearing requests, public comments or requests for a public meeting
should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box
13087, Austin, TX 78711-3087. For information concerning the hearing process,
please contact the Public Interest Counsel, MC 103, at the same address. For
additional information, individual members of the general public may contact
the Office of Public Assistance at 1-800-687-4040. General information regarding
the TCEQ can be found at our web site at www.tceq.state.tx.us. Si desea información
en Español, puede llamar al 1-800-687-4040.
TRD-200700895
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: March 7, 2007
Request for Grant Applications (RFA) for the Safe and Drug-Free Schools and Communities (SDFSC) Act Program
The Criminal Justice Division (CJD) of the Governor's Office is soliciting
applications for projects that implement drug and violence prevention activities
which compliment or support local independent school district activities during
the state fiscal year 2008 grant cycle.
Purpose: The purpose of the SDFSC Act Fund Program is to support programs
that prevent violence in and around schools; prevent the illegal use of alcohol,
tobacco, and drugs; involve parents and communities; and are coordinated with
related federal, state, school, and community efforts and resources to foster
a safe and drug-free learning environment that supports student academic achievement.
Available Funding: Federal funding is authorized under the No Child Left
Behind Act of 2001, Public Law 107-110. As of the date of the issuance of
this RFA, the U.S. Congress has not finalized federal appropriations for federal
fiscal year 2007. All awards are subject to the availability of appropriated
funds and any modifications or additional requirements that may be imposed
by law.
Funding Levels: No minimum or maximum funding levels.
Required Match: None.
Standards: Grantees must comply with the standards applicable to this funding
source cited in the
Texas Administrative Code
(1
TAC Chapter 3) and all statutes, requirements, and guidelines applicable to
this funding.
Prohibitions: Grant funds may not be used to support the following services,
activities, or costs:
(1) proselytizing or sectarian worship;
(2) lobbying;
(3) any portion of the salary of, or any other compensation for, an elected
or appointed government official;
(4) vehicles or equipment for government agencies that are for general
agency use;
(5) weapons, ammunition, explosives or military vehicles;
(6) admission fees or tickets to any amusement park, recreational activity
or sporting event;
(7) promotional gifts;
(8) food, meals, beverages, or other refreshments unless the expense is
for a working event where full participation by participants mandates the
provision of food and beverages and the event is not related to amusement
and/or social activities in any way;
(9) membership dues for individuals;
(10) any expense or service that is readily available at no cost to the
grant project or that is provided by other federal, state or local funds (i.e.,
supplanting);
(11) fundraising;
(12) construction;
(13) medical services;
(14) transportation, lodging, per diem or any related costs for participants,
when grant funds are used to develop and conduct training;
(15) legal services for adult offenders; and
(16) overtime pay.
Eligible Applicants:
(1) State agencies;
(2) Cities;
(3) Counties;
(4) Independent school districts;
(5) Nonprofit corporations;
(6) Native American tribes;
(7) Crime Control and Prevention Districts;
(8) Universities;
(9) Colleges;
(10) Juvenile boards;
(11) Regional education service centers;
(12) Community supervision and corrections departments;
(13) Council of governments; and
(14) Faith-based organizations. Faith-based organizations must be tax-exempt
nonprofit entities as certified by the Internal Revenue Service.
Requirements:
(1) Projects must meet the following principles of effectiveness:
(a) be based on an assessment of objective data regarding the incidence
of violence and illegal drug use in the elementary schools and secondary schools
and communities to be served, including an objective analysis of the current
conditions and consequences regarding violence and illegal drug use, including
delinquency and serious discipline problems among students who attend such
schools (including private school students who participate in the drug and
violence prevention program) that is based on ongoing local assessment or
evaluation activities;
(b) be based on an established set of performance measures aimed at ensuring
that the elementary schools, secondary schools, and communities to be served
by the program have a safe, orderly, and drug-free learning environment;
(c) be based on scientifically-based research that provides evidence that
the program to be used will reduce violence and illegal drug use;
(d) be based on an analysis of the data reasonably available at the time
of the prevalence of risk factors, including high or increasing rates of reported
cases of child abuse and domestic violence; protective factors, buffers, assets;
or other variables in schools and communities in the state identified through
scientifically-based research; and
(e) include meaningful and ongoing consultation with and input from parents
in the development of the application and administration of the program or
activity.
(2) Grant activities must include:
(a) activities that complement and support local independent school district
activities including developing and implementing activities to prevent and
reduce violence associated with prejudice and intolerance;
(b) dissemination of information about drug and violence prevention; and
(c) development and implementation of community-wide drug and violence
prevention planning and organizing.
(3) All juvenile projects or applications for projects serving delinquent
or at-risk youth must address at least one of the following:
(a) Family Stability. Programs or other initiatives designed to strengthen
family support systems in an effort to positively impact the lives of youth
and divert them from a path of serious, violent, and chronic delinquency.
(b) Substance Abuse Early Intervention and Prevention. Programs or other
initiatives designed to address the use and abuse of illegal and other prescription
and nonprescription drugs and the use and abuse of alcohol. Programs, research,
or other initiatives include control, prevention, and treatment.
(c) Education. Programs or other initiatives designed to prevent truancy,
suspension, and expulsion. School safety programs may include support for
school resource officers and law-related education.
(d) Disproportionate Minority Contact. Programs or other initiatives designed
to address the disproportionate number of juvenile members of minority groups
who come into contact with the juvenile justice system.
(e) Justice System Impact. Programs or other initiatives designed to impact
offender accountability and/or improve the practice, policies, or procedures
within the juvenile justice system.
(f) Gang Prevention. Programs or other initiatives designed to address
issues related to juvenile gang activity, including prevention and intervention
efforts directed at reducing gang-related activities.
(g) Rural Access. Programs or other initiatives designed to provide prevention,
intervention, and treatment services located outside a metropolitan area.
(h) Training. Programs or other initiatives designed to offer specialized
training for staff working directly with at-risk youth or juvenile offenders
that can positively impact the quality of the services, staff turnover rates,
and program stability.
Project Period: Grant-funded projects must begin on or after September
1, 2007, and expire on or before August 31, 2008.
Application Process: Applicants must access CJD's grant management website
at https://cjdonline.governor.state.tx.us to register and apply for funding.
Preferences: Preference will be given to:
(1) programs or activities that prevent illegal drug use and violence for:
(a) children and youth who are not normally served by state educational
agencies or local educational agencies; and
(b) populations that need special services or additional resources (such
as youth in juvenile detention facilities, runaway or homeless children and
youth, pregnant and parenting teenagers, and school dropouts).
(2) programs that pursue a comprehensive approach to drug and violence
prevention that includes providing and incorporating mental health services
related to drug and violence prevention.
Closing Date for Receipt of Applications: All applications must be submitted
via CJD's grant management website on or before May 1, 2007.
Selection Process:
(1) For eligible local and regional projects:
(a) Applications are forwarded by CJD to the appropriate regional council
of governments (COG).
(b) The COG's criminal justice advisory committee will prioritize all eligible
applications based on identified community and/or comprehensive planning,
cost, and program effectiveness.
(c) CJD will accept priority listings that are approved by the COG's executive
committee.
(d) CJD will make all final funding decisions based on approved COG priorities,
reasonableness of the project, availability of funding, and cost-effectiveness.
(2) For state discretionary projects, applications will be reviewed by
CJD staff members or a group selected by the executive director of CJD. CJD
will make all final funding decisions based on eligibility, reasonableness,
availability of funding, and cost effectiveness.
Contact Person: If additional information is needed, contact Ryan Clinton
at ryan.clinton@governor.state.tx.us or at (512) 463-1919.
TRD-200700886
Christopher Burnett
Assistant General Counsel
Office of the Governor
Filed: March 7, 2007
The Criminal Justice Division (CJD) of the Governor's Office is soliciting
applications for projects that reduce crime and improve the criminal or juvenile
justice system during the state fiscal year 2008 grant cycle.
Purpose: The purpose of the Fund 421 Program is to reduce crime and improve
the criminal or juvenile justice system.
Available Funding: Section 102.056 of the Texas Code of Criminal Procedure
establishes state funding for this purpose, and §772.006 of the Texas
Government Code designates CJD as the administering agency. The source of
funding is a biennial appropriation by the Texas Legislature from funds collected
through court costs and fees.
Funding Levels: No minimum or maximum funding levels.
Required Match: None.
Standards: Grantees must comply with the standards applicable to this funding
source cited in the Texas Administrative Code (1 TAC Chapter 3), and all statutes,
requirements, and guidelines applicable to this funding.
Prohibitions: Grant funds may not be used to support the following services,
activities, and costs:
(1) proselytizing or sectarian worship;
(2) lobbying;
(3) any portion of the salary of, or any other compensation for, an elected
or appointed government official;
(4) vehicles or equipment for government agencies that are for general
agency use;
(5) weapons, ammunition, explosives, or military vehicles;
(6) admission fees or tickets to any amusement park, recreational activity,
or sporting event;
(7) promotional gifts;
(8) food, meals, beverages, or other refreshments unless the expense is
for a working event where full participation by participants mandates the
provision of food and beverages and the event is not related to amusement
and/or social activities in any way;
(9) membership dues for individuals;
(10) any expense or service that is readily available at no cost to the
grant project or that is provided by other federal, state, or local funds
(i.e., supplanting);
(11) fundraising;
(12) construction;
(13) medical services;
(14) transportation, lodging, per diem, or any related costs for participants
when grant funds are used to develop and conduct training; and
(15) legal services for adult offenders.
Eligible Applicants:
(1) State agencies;
(2) Units of local government;
(3) Independent school districts;
(4) Nonprofit corporations;
(5) Native American tribes;
(6) Crime control and prevention districts;
(7) Universities;
(8) Colleges;
(9) Hospital districts;
(10) Juvenile boards;
(11) Regional education service centers;
(12) Community supervision and corrections departments;
(13) Councils of governments; and
(14) Faith-based organizations that provide direct services. Faith-based
organizations must be tax-exempt nonprofit entities as certified by the Internal
Revenue Service.
Requirements:
(1) Projects must focus on reducing crime and improving the criminal or
juvenile justice system; and
(2) All juvenile projects or applications for projects serving delinquent
or at-risk youth must address at least one of the following:
(a) Family Stability. Programs or other initiatives designed to strengthen
family support systems in an effort to positively impact the lives of youth
and divert them from a path of serious, violent, and chronic delinquency.
(b) Substance Abuse Early Intervention and Prevention. Programs or other
initiatives designed to address the use and abuse of illegal and other prescription
and nonprescription drugs and the use and abuse of alcohol. Programs or other
initiatives include control, prevention, and treatment.
(c) Education. Programs or other initiatives designed to prevent truancy,
suspension, and expulsion. School safety programs may include support for
school resource officers and law-related education.
(d) Disproportionate Minority Contact. Programs or other initiatives designed
to address the disproportionate number of juvenile members of minority groups
who come into contact with the juvenile justice system.
(e) Justice System Impact. Programs or other initiatives designed to impact
offender accountability and/or improve the practices, policies, or procedures
within the juvenile justice system.
(f) Gang Prevention. Programs or other initiatives designed to address
issues related to juvenile gang activity, including prevention and intervention
efforts directed at reducing gang-related activities.
(g) Rural Access. Programs or other initiatives designed to provide prevention,
intervention, and treatment services located outside a metropolitan area.
(h) Training. Programs or other initiatives designed to offer specialized
training for staff working directly with at-risk youth or juvenile offenders
that can positively impact the quality of the services, staff turnover rates,
and program stability.
Project Period: Grant-funded projects must begin on or after September
1, 2007, and expire on or before August 31, 2008.
Application Process: Applicants must access CJD's grant management website
at https://cjdonline.governor.state.tx.us to register and apply for funding.
Preferences: Preference will be given to applicants who demonstrate cost
effective programs focused on a comprehensive and effective approach to services
that compliment the Governor's strategies.
Closing Date for Receipt of Applications: All applications must be submitted
via CJD's grant management website on or before May 1, 2007.
Selection Process:
(1) For eligible local and regional projects:
(a) Applications will be forwarded by CJD to the appropriate regional council
of governments (COG).
(b) The COG's criminal justice advisory committee prioritizes all eligible
applications based on identified community and/or comprehensive planning,
cost, and program effectiveness.
(c) CJD will accept priority listings that are approved by the COG's executive
committee.
(d) CJD will make all final funding decisions based on COG priorities,
reasonableness, availability of funding, and cost-effectiveness.
(2) For state discretionary projects, applications will be reviewed by
CJD staff members or a review group selected by the executive director. CJD
will make all final funding decisions based on eligibility, reasonableness,
availability of funding, and cost-effectiveness.
Contact person: If additional information is needed, contact Whitney Stark
at whitney.stark@governor.state.tx.us or (512) 463-1919.
TRD-200700888
Christopher Burnett
Assistant General Counsel
Office of the Governor
Filed: March 7, 2007
The Criminal Justice Division (CJD) of the Governor's Office is soliciting
applications for projects that reduce and prevent violence against women during
the state fiscal year 2008 grant cycle.
Purpose: The purpose of the VAWA Fund Program is to assist in developing
and strengthening effective law enforcement and prosecution strategies to
combat violent crimes against women and to develop and strengthen victim services
in such cases.
Available Funding: Federal funding is authorized for these project under
the Violence Against Women Act of 1994 (VAWA) and reauthorized and amended
by the Violence Against Women Act of 2000 (VAWA 2000) and by the Violence
Against Women Act of 2005 (VAWA 2005) as amended (U.S.C. §§3796gg
- 3796gg-5). As of the date of the issuance of this RFA, the U.S. Congress
has not finalized federal appropriations for federal fiscal year 2007. All
awards are subject to the availability of appropriated funds and any modifications
or additional requirements that may be imposed by law.
Funding Levels: Minimum grant award - $5,000.
Required Match: Grantees, other than Native American tribes and non-profit,
non-governmental victim service providers, must provide matching funds of
at least thirty-five percent (35%) of total project expenditures. This requirement
may be met through cash and/or in-kind contributions.
Standards: Grantees must comply with the standards applicable to this funding
source cited in the Texas Administrative Code (1 TAC Chapter 3) and all statutes,
requirements, and guidelines applicable to this funding.
Prohibitions: Grantees may not use grant funds or program income to support
the following services, activities, and costs:
(1) proselytizing or sectarian worship;
(2) lobbying;
(3) any portion of the salary of, or any other compensation for, an elected
or appointed government official;
(4) vehicles or equipment for governmental agencies that are for general
agency use;
(5) weapons, ammunition, explosives, or military vehicles;
(6) admission fees or tickets to any amusement park, recreational activity,
or sporting event;
(7) promotional gifts;
(8) food, meals, beverages, or other refreshments unless the expense is
for a working event where full participation by participants mandates the
provision of food and beverages and that event is not related to amusement
and/or social activities in any way;
(9) membership dues for individuals;
(10) any expense or service that is readily available at no cost to the
grant project or that is provided by other federal, state, or local funds
(e.g., supplanting), including the Texas Crime Victims Compensation Fund;
(11) fundraising;
(12) overtime;
(13) cash payments to victims;
(14) employment agency fees;
(15) legal assistance and representation in civil matters other than protective
orders;
(16) legal defense services for perpetrators of violence against women;
(17) liability insurance on buildings;
(18) major maintenance on buildings;
(19) property loss. Grant funds may not be used to reimburse victims for
expenses incurred as a result of a crime, such as insurance deductibles, replacement
of stolen property, funeral expenses, lost wages, and medical bills;
(20) services for programs that focus on children and/or men; and
(21) sexual assault or domestic violence prevention curricula developed
for schools.
Eligible Applicants:
(1) State agencies;
(2) Units of local government;
(3) Nonprofit corporations;
(4) Indian tribal governments;
(5) Crime control and prevention districts;
(6) Universities;
(7) Colleges;
(8) Community supervision and corrections departments;
(9) Councils of governments (COGs); and
(10) Faith-based organizations. Faith-based organizations must be tax-exempt
nonprofit entities as certified by the Internal Revenue Service.
Requirements:
(1) All applicants must meet at least one or more of the following statutory
program purpose areas established by the federal Office on Violence Against
Women and codified at 28 C.F.R. §90:
(a) Training law enforcement officers, judges, other court personnel, and
prosecutors to more effectively identify and respond to violent crimes against
women, including the crimes of sexual assault, domestic violence, and dating
violence;
(b) Developing, training, or expanding units of law enforcement officers,
judges, other court personnel, and prosecutors specifically targeting violent
crimes against women, including the crimes of sexual assault and domestic
violence;
(c) Developing and implementing more effective police, court, and prosecution
policies, protocols, orders, and services specifically devoted to preventing,
identifying, and responding to violent crimes against women, including the
crimes of sexual assault and domestic violence;
(d) Developing, installing, or expanding data collection and communication
systems, including computerized systems, linking police, prosecutors, and
courts or for the purpose of identifying and tracking arrests, protection
orders, violations of protection orders, prosecutions, and convictions for
violent crimes against women, including the crimes of sexual assault and domestic
violence;
(e) Developing, enlarging, or strengthening victim services programs, including
sexual assault, domestic violence, and dating violence programs, developing
or improving delivery of victim services to underserved populations, providing
specialized domestic violence court advocates in courts where a significant
number of protection orders are granted, and increasing reporting and reducing
attrition rates for cases involving violent crimes against women, including
crimes of sexual assault, domestic violence, and dating violence;
(f) Developing, enlarging, or strengthening programs addressing stalking;
(g) Developing, enlarging, or strengthening programs addressing the needs
and circumstances of Indian tribes in dealing with violent crimes against
women, including the crimes of sexual assault and domestic violence;
(h) Supporting formal and informal statewide, multidisciplinary efforts,
to the extent not supported by state funds, to coordinate the response of
state law enforcement agencies, prosecutors, courts, victim services agencies,
and other state agencies and departments, to violent crimes against women,
including the crimes of sexual assault, domestic violence, and dating violence;
(i) Training of sexual assault forensic medical personnel examiners in
the collection and preservation of evidence, analysis, prevention, and providing
expert testimony and treatment of trauma related to sexual assault;
(j) Developing, enlarging, or strengthening programs to assist law enforcement,
prosecutors, courts, and others to address the needs and circumstances of
older and disabled women who are victims of domestic violence or sexual assault,
including recognizing, investigating, and prosecuting instances of such violence
or assault and targeting outreach and support, counseling, and other victim
services to such older and disabled individuals;
(k) Providing assistance to victims of domestic violence and sexual assault
in immigration matters;
(l) Maintaining core victim services and criminal justice initiatives,
while supporting complementary new initiatives and emergency services for
victims and their families;
(m) Supporting the placement of special victim assistants (to be known
as "Jessica Gonzales Victim Assistants") in local law enforcement agencies
to serve as liaisons between victims of domestic violence, dating violence,
sexual assault, and stalking and personnel in local law enforcement agencies
in order to improve the enforcement of protection orders. Jessica Gonzales
Victim Assistants shall have expertise in domestic violence, dating violence,
sexual assault, or stalking and may undertake the following activities:
(i) Developing, in collaboration with prosecutors, courts, and victim service
providers, standardized response policies for local law enforcement agencies,
including triage protocols to ensure that dangerous or potentially lethal
cases are identified and prioritized;
(ii) Notifying persons seeking enforcement of protection orders as to what
responses will be provided by the relevant law enforcement agency;
(iii) Referring persons seeking enforcement of protection orders to supplementary
services (such as emergency shelter programs, hotlines, or legal assistance
services); and
(iv) Taking other appropriate action to assist or secure the safety of
the person seeking enforcement of a protection order; and
(n) To provide funding to law enforcement agencies, nonprofit nongovernmental
victim services providers, and State, tribal, territorial, and local governments,
(which funding stream shall be known as the Crystal Judson Domestic Violence
Protocol Program) to promote--
(i) The development and implementation of training for local victim domestic
violence service providers, and to fund victim services personnel, to be known
as "Crystal Judson Victim Advocates," to provide supportive services and advocacy
for victims of domestic violence committed by law enforcement personnel:
(ii) The implementation of protocols within law enforcement agencies to
ensure consistent and effective responses to the commission of domestic violence
by personnel within such agencies (such as the model policy promulgated by
the International Association of Chiefs of Police 'Domestic Violence by Police
Officers: A Policy of the IACP, Police Response to Violence Against Women
Project' July 2003);
(iii) The development of such protocols in collaboration with State, tribal,
territorial and local victim services providers and domestic violence.
Project Period: Grant-funded projects must begin on or after September
1, 2007, and will expire on or before August 31, 2008.
Application Process: Applicants must access CJD's grant management webste
at https://cjdonline.governor.state.tx.us to register and apply for funding.
Preferences: Preference will be given to applicants that demonstrate cost
effective programs that incorporate multiple disciplines into one comprehensive
approach to provide services. An example of this type of approach is advocacy,
law enforcement, prosecution, and other government and non-government services
working together under a single project to restore victims to full mental,
emotional and physical health in a professional environment of cooperation
and respect among the service providers. In an effort to streamline administrative
and reporting processes, grantees are encouraged to consolidate grant requests
whenever possible in lieu of submitting multiple applications.
Closing Date for Receipt of Applications: All applications must be submitted
via CJD's grant management website on or before May 1, 2007.
Selection Process:
(1) For eligible local and regional projects:
(a) Applications will be forwarded by CJD to the appropriate regional council
of governments (COG).
(b) The COG's criminal justice advisory committee will prioritize all eligible
applications based on identified community and/or comprehensive planning,
cost and program effectiveness.
(c) CJD will accept priority listings that are approved by the COG's executive
committee.
(d) CJD will make all final funding decisions based on approved COG priorities,
reasonableness of the project, availability of funding, and cost-effectiveness.
(2) For state discretionary projects, applications will be reviewed by
CJD staff members or a group selected by the executive director of CJD. CJD
will make all final funding decisions based on eligibility, reasonableness
of the project, availability of funding, and cost-effectiveness.
Contact person: If additional information is needed, contact Lori Melcher
at lmelcher@governor.state.tx.us or (512) 463-1919.
TRD-200700890
Christopher Burnett
Assistant General Counsel
Office of the Governor
Filed: March 7, 2007
Notice of Adopted Reimbursement Rate for Small, State-Operated Intermediate Care Facilities for Persons with Mental Retardation (ICF/MR)
Adopted Rate. As the single state agency for the state Medicaid program,
the Texas Health and Human Services Commission (HHSC) adopted the following
interim per diem reimbursement rate for small, state-operated Intermediate
Care Facilities for Persons with Mental Retardation (ICF/MR), including facilities
operated by the Texas Department of Aging and Disability Services (DADS):
$188.30. The adopted rate is effective September 1, 2006.
Hearing. HHSC conducted a hearing on February 14, 2007, to receive public
comment on the proposed reimbursement rate. The hearing was held in accordance
with Title 1 of the Texas Administrative Code (TAC) §355.105(g), which
requires that public hearings be held on proposed reimbursement rates before
such rates are approved by HHSC. Notice of the hearing was published in the
January 26, 2007, issue of the Texas Register (32
TexReg 418). No persons attended the hearing or provided written or oral comments.
Methodology and Justification. The adopted rate was determined in accordance
with the rate setting methodology codified at 1 TAC Chapter 355, Subchapter
D, Rule §355.456(f), relating to Reimbursement Rates.
TRD-200700892
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: March 7, 2007
Hearing.
The Texas Health and Human Services
Commission will conduct a public hearing on April 10, 2007, at 1:00 p.m. to
receive public comment on the proposed Medicaid payment rates for the following
specific procedure codes for positron emission tomography/computed tomography
(PET/CT). 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. 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 reimbursements. Persons requiring Americans
with Disability Act (ADA) accommodation or auxiliary aids or services should
contact Irene Cantu by calling (512) 491-1358, at least 72 hours prior to
the hearing so appropriate arrangements can be made.
Proposal. The proposed payment rates, which
will be effective June 18, 2007, are as follows:
Methodology and justification. The proposed
payment rates are calculated in accordance with 1 TAC §355.8081, which
addresses the reimbursement methodology for radiological providers, 1 TAC
§355.8085, which addresses the reimbursement methodology for physicians
and certain other practitioners, and the specific fee guidelines published
in Section 2.2.1.2 of the 2007 Texas Medicaid Provider Procedures Manual.
Rule §355.8085 requires HHSC to review the fees for individual services
at least every two years.
Briefing Package.
A briefing package describing
the proposed payment rates will be available on or after March 23, 2007. Interested
parties may obtain a copy of the briefing package prior to the hearing by
contacting Irene Cantu by telephone at (512) 491-1358; by fax at (512) 491-1998;
or by e-mail at Irene.Cantu@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 5:00 p.m. the day of the hearing. Written comments may
be sent by U.S. mail to the attention of Irene Cantu, Health and Human Services
Commission, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas
78708-5200; by fax to Irene Cantu at (512) 491-1998; or by e-mail to Irene.Cantu@hhsc.state.tx.us.
In addition, written comments may be sent by overnight mail or hand delivered
to Irene Cantu, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building
H, 11209 Metric Boulevard, Austin, Texas 78758-4021.
*Required Notice:
The five character codes
included in this notice are obtained from the Current Procedural Terminology
(CPT®), copyright 2006 by the American Medical Association (AMA). CPT
is developed by the AMA as a listing of descriptive terms and five character
identifying codes and modifiers for reporting medical services and procedures
performed by physicians. The responsibility for the content of this notice
is with HHSC and no endorsement by the AMA is intended or should be implied.
The AMA disclaims responsibility for any consequences or liability attributable
or related to any use, nonuse or interpretation of information contained in
this notice. Fee schedules, relative value units, conversion factors and/or
related components are not assigned by the AMA, are not part of CPT, and the
AMA is not recommending their use. The AMA does not directly or indirectly
practice medicine or dispense medical services. The AMA assumes no liability
for data contained or not contained herein. Any use of CPT outside of this
notice should refer to the most current Current Procedural Terminology, which
contains the complete and most current listing of CPT codes and descriptive
terms. Applicable FARS/DFARS apply. CPT is a registered trademark of the American
Medical Association.
TRD-200700908
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: March 7, 2007
Industrial Construction Crafts Overview Training Request for Proposals
The Houston-Galveston Area Council solicits qualified training providers
to assist The WorkSource in teaching short-term NCCER (National Center for
Construction Education and Research) construction overview training for specialty
industrial crafts trades. The WorkSource and industry partners are addressing
the critical workforce shortage facing construction in the Gulf Coast area.
A proposal package is available for download at http://theworksource.org/about/rfp.html
and http://h-gac.com. Hard copies of the proposal package are also available.
There is not a bidder's conference for this procurement.
Proposals are due at H-GAC offices on or before 5:00 p.m. Central Daylight
Time on Tuesday, March 20, 2007. H-GAC will not accept late proposals; we
will make no exceptions. Prospective bidders may contact Carol Kimmick at
(713) 627-3200 or ckimmick@theworksource.org or visit the web site to request
a proposal package.
TRD-200700877
Jack Steele
Executive Director
Houston-Galveston Area Council
Filed: March 6, 2007
Company Licensing
Application to change the name of JEFFERSON PILOT LIFE AMERICA INSURANCE
COMPANY to LINCOLN LIFE & ANNUITY COMPANY OF NEW YORK, a foreign life,
accident and/or health company. The home office is in Syracuse, New York.
Application to change the name of ULICO CASUALTY COMPANY to ULLICO CASUALTY
COMPANY, a foreign fire and/or casualty company. The home office is in Wilmington,
Delaware.
Application to change the name of RESIDENTIAL GUARANTY CO. to PMI INSURANCE
CO., a foreign fire and/or casualty company. The home office is in Phoenix,
Arizona.
Application to change the name of AXA RE AMERICA INSURANCE COMPANY to PARIS
RE AMERICA INSURANCE COMPANY, a foreign fire and/or casualty company. The
home office is in Wilmington, Delaware.
Application to change the name of QUADRANT INDEMNITY COMPANY to HARBOR
POINT REINSURANCE U.S., INC., a foreign fire and/or casualty company. The
home office is in Greenwich, Connecticut.
Application for admission to the State of Texas by ENVISION INSURANCE COMPANY,
a foreign life, accident and/or health company. The home office is in Twinsburg,
Ohio.
Application for admission to the State of Texas by DAKOTA HOMESTEAD TITLE
INSURANCE COMPANY, a foreign title company. The home office is in Sioux Falls,
South Dakota.
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-200700907
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: March 7, 2007
The following third party administrator (TPA) applications have been filed
with the Texas Department of Insurance and are under consideration.
Application of THE PROVIDENCE SERVICE CORPORATION, a foreign third party
administrator. The home office is WILMINGTON, DELAWARE.
Any objections must be filed within 20 days after this notice is published
in the
Texas Register
, addressed to the attention
of Matt Ray, MC 107-1A, 333 Guadalupe, Austin, Texas 78701.
TRD-200700906
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: March 7, 2007
Instant Game Number 793 "Cat Scratch Fever"
1.0 Name and Style of Game.
A. The name of Instant Game No. 793 is "CAT SCRATCH FEVER". The play style
is "key number match with doubler".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 793 shall be $1.00 per ticket.
1.2 Definitions in Instant Game No. 793.
A. Display Printing - That area of the instant game ticket outside of the
area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols
on the front of the ticket.
C. Play Symbol - The printed data under the latex on the front of the instant
ticket that is used to determine eligibility for a prize. Each Play Symbol
is printed in Symbol font in black ink in positive except for dual-image games.
The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,
13, 14, 15, 16, 17, 18, 19, 20, MONEY BAG SYMBOL, $1.00, $2.00, $4.00, $5.00,
$10.00, $20.00, $50.00, $100, $500, or $1,000.
D. Play Symbol Caption - The printed material appearing below each Play
Symbol which explains the Play Symbol. One caption appears under each Play
Symbol and is printed in caption font in black ink in positive. The Play Symbol
Caption which corresponds with and verifies each Play Symbol is as follows:
E. Retailer Validation Code - Three (3) letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. These three (3) small letters are for validation purposes
and cannot be used to play the game. The possible validation codes are:
Low-tier winning tickets use the required codes listed in Figure 2. Non-winning
tickets and high-tier tickets use a non-required combination of the required
codes listed in Figure 2 with the exception of ∅, which will only appear
on low-tier winners and will always have a slash through it.
F. Serial Number - A unique 13 (thirteen) digit number appearing under
the latex scratch-off covering on the front of the ticket. There is a boxed
four (4) digit Security Number placed randomly within the Serial Number. The
remaining nine (9) digits of the Serial Number are the Validation Number.
The Serial Number is positioned beneath the bottom row of play data in the
scratched-off play area. The Serial Number is for validation purposes and
cannot be used to play the game. The format will be: 0000000000000.
G. Low-Tier Prize - A prize of $1.00, $2.00, $4.00, $5.00, $10.00, or $20.00.
H. Mid-Tier Prize - A prize of $50.00, $100, or $500.
I. High-Tier Prize - A prize of $1,000.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5)
bar code which will include a three (3) digit game ID, the seven (7) digit
pack number, the three (3) digit ticket number, and the nine (9) digit Validation
Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the
three (3) digit game number (793), 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: 793-0000001-001.
L. Pack - A pack of "CAT SCRATCH FEVER" 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 "CAT
SCRATCH FEVER" Instant Game No. 793 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 "CAT SCRATCH
FEVER" Instant Game is determined once the latex on the ticket is scratched
off to expose 10 (ten) Play Symbols. If a player matches any of YOUR NUMBERS
play symbols to either WINNING NUMBER play symbol, the player wins prize shown.
If a player reveals a "moneybag" play symbol, the player wins DOUBLE the prize
shown. No portion of the display printing nor any extraneous matter whatsoever
shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 10 (ten) 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 10 (ten)
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 10 (ten) Play Symbols must be exactly one of those described
in Section 1.2.C of these Game Procedures;
17. Each of the 10 (ten) Play Symbols on the ticket must be printed in
the Symbol font and must correspond precisely to the artwork on file at the
Texas Lottery; the ticket Serial Numbers must be printed in the Serial font
and must correspond precisely to the artwork on file at the Texas Lottery;
and the Pack-Ticket Number must be printed in the Pack-Ticket Number font
and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot
for spot.
B. No duplicate non-winning prize symbols.
C. No duplicate non-winning play symbols.
D. A non-winning prize symbol will never be the same as the winning prize
symbol(s).
E. The doubler symbol will appear according to the prize structure and
will only appear once on a ticket.
F. No prize amount in a non-winning spot will correspond with the YOUR
NUMBER play symbol (i.e., 5 and $5).
2.3 Procedure for Claiming Prizes.
A. To claim a "CAT SCRATCH FEVER" Instant Game prize of $1.00, $2.00, $4.00,
$5.00, $10.00, $20.00, $50.00, $100, or $500, a claimant shall sign the back
of the ticket in the space designated on the ticket and present the winning
ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify
the claim and, if valid, and, upon presentation of proper identification,
make payment of the amount due the claimant and physically void the ticket;
provided that the Texas Lottery Retailer may, but is not, in some cases, required
to pay a $50.00, $100, or $500 ticket. In the event the Texas Lottery Retailer
cannot verify the claim, the Texas Lottery Retailer shall provide the claimant
with a claim form and instruct the claimant on how to file a claim with the
Texas Lottery. If the claim is validated by the Texas Lottery, a check shall
be forwarded to the claimant in the amount due. In the event the claim is
not validated, the claim shall be denied and the claimant shall be notified
promptly. A claimant may also claim any of the above prizes under the procedure
described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "CAT SCRATCH FEVER" Instant Game prize of $1,000, the claimant
must sign the winning ticket and present it at one of the Texas Lottery’s
Claim Centers. If the claim is validated by the Texas Lottery, payment will
be made to the bearer of the validated winning ticket for that prize upon
presentation of proper identification. When paying a prize of $600 or more,
the Texas Lottery shall file the appropriate income reporting form with the
Internal Revenue Service (IRS) and shall withhold federal income tax at a
rate set by the IRS if required. In the event that the claim is not validated
by the Texas Lottery, the claim shall be denied and the claimant shall be
notified promptly.
C. As an alternative method of claiming a "CAT SCRATCH FEVER" Instant Game
prize, the claimant must sign the winning ticket, thoroughly complete a claim
form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin,
Texas 78761-6600. The risk of sending a ticket remains with the claimant.
In the event that the claim is not validated by the Texas Lottery, the claim
shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery
shall deduct a sufficient amount from the winnings of a person who has been
finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller
of Public Accounts, the Texas Workforce Commission, or Texas Alcoholic Beverage
Commission;
2. delinquent in making child support payments administered or collected
by the Office of the Attorney General;
3. delinquent in reimbursing the Texas Health and Human Services Commission
for a benefit granted in error under the food stamp program or the program
of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other
than those specified in the preceding paragraph, the winnings of a person
shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment
of the prize pending a final determination by the Executive Director, under
any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur,
regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented
for payment; or
D. if the claim is subject to any deduction from the payment otherwise
due, as described in Section 2.3.D of these Game Procedures. No liability
for interest for any delay shall accrue to the benefit of the claimant pending
payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of
18 years is entitled to a cash prize of less than $600 from the "CAT SCRATCH
FEVER" 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 "CAT SCRATCH FEVER" Instant Game, the Texas Lottery
shall deposit the amount of the prize in a custodial bank account, with an
adult member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game or within the applicable
time period for certain eligible military personnel as set forth in Texas
Government Code, §466.408. Any prize not claimed within that period and
in the manner specified in these Game Procedures and on the back of each ticket,
shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on
the number of tickets ordered. The number of actual prizes available in a
game may vary based on number of tickets manufactured, testing, distribution,
sales, and number of prizes claimed. An Instant Game ticket may continue to
be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game ticket in the space designated, a ticket shall be owned by the
physical possessor of said ticket. When a signature is placed on the back
of the ticket in the space designated, the player whose signature appears
in that area shall be the owner of the ticket and shall be entitled to any
prize attributable thereto. Notwithstanding any name or names submitted on
a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated. If more
than one name appears on the back of the ticket, the Executive Director will
require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 10,080,000
tickets in the Instant Game No. 793. The approximate number and value of prizes
in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce
a closing date (end date) for the Instant Game No. 793 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. 793,
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-200700817
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: March 1, 2007
Notice of Consultant Contract Award
Pursuant to the provisions of Government Code, Chapter 2254, the North
Central Texas Council of Governments publishes this notice of consultant contract
award. The consultant proposal request appeared in the November 17, 2006 issue
of the
Texas Register
(31 TexReg 9539). The
selected consultant will perform technical and professional work to perform
a Tower 55 Rail Reliever Study.
The consultant selected for this project is Carter & Burgess, 7950
Elmbrook, Dallas, Texas 75247. The maximum amount of this contract is $1,475,000.00.
TRD-200700879
R. Michael Eastland
Executive Director
North Central Texas Council of Governments
Filed: March 7, 2007
Announcement of Application for an Amendment to a State-Issued Certificate of Franchise Authority
The Public Utility Commission of Texas received an application on February
28, 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 GTE Southwest, Incorporated, doing
business as Verizon Southwest, for an Amendment to its State-Issued Certificate
of Franchise Authority, Project Number 33915 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 33915.
TRD-200700872
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 6, 2007
The Public Utility Commission of Texas received an application on March
2, 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 Cebridge Acquisition, L.P., doing
business as Suddenlink Communications, for an Amendment to its State-Issued
Certificate of Franchise Authority, Project Number 33929 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 33929.
TRD-200700894
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 7, 2007
The Public Utility Commission of Texas (commission) received an application
on March 5, 2007, for an amendment to a state-issued certificate of franchise
authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility
Regulatory Act (PURA).
Project Title and Number: Application of Charter Communications VI, L.L.C.,
doing business as Charter Communications, for an Amendment to its State-Issued
Certificate of Franchise Authority, Project Number 33941, 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 33941.
TRD-200700875
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 6, 2007
The Public Utility Commission of Texas (commission) received an application
on March 5, 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 Etan Industries, Incorporated,
doing business as CMA Communications, for an Amendment to its State-Issued
Certificate of Franchise Authority, Project Number 33950 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 33950.
TRD-200700876
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 6, 2007
On March 2, 2007, Tex-Link Communications, Incorporated 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 60050. Applicant intends to reflect a change in ownership/control.
The Application: Application of Tex-Link Communications, Incorporated for
an Amendment to its Service Provider Certificate of Operating Authority, Docket
Number 33934.
Persons wishing to comment on the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
March 21, 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 33934.
TRD-200700873
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 6, 2007
Notice is given to the public of an application filed with the Public Utility
Commission of Texas (commission) on March 2, 2007, for designation as an eligible
telecommunications carrier and eligible telecommunications provider.
Project Title and Number: Application of NSN Wireless, L.P. for Designation
as an Eligible Telecommunications Carrier (ETC) and Eligible Telecommunications
Provider (ETP). Docket Number 33935.
The Application: The company is requesting ETC/ETP designation in order
to be eligible to receive federal and state universal service funding to assist
it in providing universal service in Texas. Pursuant to 47 U.S.C. §214(e),
the commission, either upon its own motion or upon request, shall designate
qualifying common carriers as ETCs and ETPs for service areas set forth by
the commission.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas by April 5, 2007. Requests for further information
should be mailed to the Public Utility Commission of Texas, P.O. Box 13326,
Austin, Texas 78711-3326, or you may call the Public Utility Commission's
Customer Protection Division at (512) 936-7120 or (888) 782-8477. Hearing
and speech-impaired individuals with text telephones (TTY) may contact the
commission at (512) 936-7136 or use Relay Texas (800) 735-2989 to reach the
commission's toll free number (888) 782-8477. All comments should reference
Docket Number 33935.
TRD-200700874
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 6, 2007
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on February 27, 2007, for an amendment to certificated
service area boundaries within Comal County, Texas.
Docket Style and Number: Joint Application of Pedernales Electric Cooperative,
Incorporated and New Braunfels Utilities to Amend a Certificate of Convenience
and Necessity for Service Area Boundaries within Comal County. Docket Number
33913.
The Application: Pedernales Electric Cooperative, Incorporated and New
Braunfels Utilities request a service area boundary amendment to provide service
to a new residential subdivision named Havenwood at Hunters Crossing. The
existing boundaries will traverse over the middle of lots in the newly platted
subdivision. The proposed service area boundary will permit both utilities
to construct their facilities without encroaching into each others certified
boundary areas. The amount of money expected to be expended on new facilities
if the application is granted is approximately $500,000.00.
Persons wishing to comment on the action sought or intervene should contact
the Public Utility Commission of Texas no later than March 23, 2007, by mail
at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120
or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with
text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay
Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number
33913.
TRD-200700870
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 6, 2007
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on February 27, 2007, for an amendment to certificated
service area boundaries within Medina County, Texas.
Docket Style and Number: Application of Medina Electric Cooperative, Incorporated
to Amend a Certificate of Convenience and Necessity for Service Area Boundaries
within Medina County. Docket Number 33914.
The Application: Medina Electric Cooperative, Incorporated (MEC) requests
a service area amendment to provide service to property that is located within
the service area of Bandera Electric Cooperative, Incorporated (BEC). MEC
received a letter from the relevant landowner requesting that the boundary
be changed so that all of the landowner's property is located within the service
territory of MEC. BEC is in full agreement with the territory amendment. The
amount of money expected to be expended on new facilities if the application
is granted is approximately $10,000.00.
Persons wishing to comment on the action sought or intervene should contact
the Public Utility Commission of Texas no later than March 23, 2007, by mail
at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120
or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with
text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay
Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number
33914.
TRD-200700871
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 6, 2007
Notice is given to the public of Verizon Southwest's application filed
with the Public Utility Commission of Texas (commission) on February 8, 2007,
to withdraw services pursuant to P.U.C. Substantive Rule §26.208.
Docket Title and Number: Application of Verizon Southwest Tariff Filing
to Withdraw Conference Connection Services (CCS) from the Long Distance Message
Telecommunications Service Tariff; Tariff Control Number 33857.
The Application: On February 8, 2007, pursuant to P.U.C. Substantive Rule
§26.208(h), Verizon Southwest (Verizon) filed an application to remove
Conference Connection Services (CCS) from its Texas Long Distance Message
Telecommunications Service Tariff as an active offering. Verizon will limit
CCS to current customers at existing locations. Comparable alternative conferencing
services are available at competitive rates through BT Conferencing, AT&T
Teleconference Services, Premiere Global Services Audio and Web Conferencing
Service, Intercall Global Conference Calling Solutions and Verizon Business
Audio Conference. Upon approval of this filing, CCS, based upon the present
tariff, will be made available to customers until June 1, 2007. After June
1, 2007, the service will no longer be available and will be removed from
the tariff. Verizon will waive any termination liability where applicable.
Existing customers will be notified via email.
Persons wishing to comment on this application should contact the Public
Utility Commission of Texas, by March 14, 2007, by mail at P.O. Box 13326,
Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477.
Hearing and speech-impaired individuals with text telephone (TTY) may contact
the commission at (512) 936-7136 or toll-free 1-800-735-2989. All correspondence
should refer to Tariff Control Number 33857.
TRD-200700869
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 6, 2007
The staff of the Public Utility Commission of Texas (commission) requests
comments regarding the development of a commission designated form for quantifying
a proposed surcharge for recovery of costs of deploying advanced meters. Comments
will be received until 3:00 p.m., Friday, March 23, 2007, by the Filing Clerk,
Public Utility Commission of Texas, 1701 North Congress Avenue, Austin, Texas
78711-3326. Project Number 33874,
Form for Transmission
and Distribution Utility Advanced Metering Infrastructure Surcharge
,
has been established for this proceeding. The commission intends for the form
to be a guide in identifying the costs and benefits of replacing existing
meter, which are located at the delivery points for retail electric service,
with meters that have increased capabilities, such as transmitting data to
remote locations or providing data at short intervals.
The commission proposes to modify a model developed by McKinsey & Company
for use as the form in this project. The model was developed for evaluating
advanced-metering infrastructure projects. The model and its user's guide
are available on the internet at:
http://www.puc.state.tx.us/electric/projects/33874/33874.cfm
The commission requests interested persons file general comments about
the model and answers to the following questions:
1. What modifications to the model would you suggest for it to estimate
the surcharge to each customer on a monthly basis?
2. What is the appropriate discount rate for the net present value (NPV)
calculations on the "Project Summary" sheet of the model?
3. What is an appropriate expected life of the new meters?
Responses may be filed by submitting 16 copies to the Filing Clerk within
seven days of the date of publication of this notice. All responses should
reference Project Number 33874.
Questions concerning this notice should be referred to Slade Cutter, Financial
Review, (512)936-7437. Hearing and speech-impaired individuals with text telephones
(TTY) may contact the commission at (512) 936-7136.
TRD-200700893
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 7, 2007
Request for Proposal
I. Introduction
The Texas A&M University System ("A&M System") is one of the largest
systems of higher education in the nation with a statewide network of nine
universities, seven state agencies, and a comprehensive health science center.
Each of the 17 members has its own mission, history and goals. Together, they
provide educational programs, research, outreach and community enhancement
services that improve the lives of people in Texas and around the world. With
more than 26,000 faculty and staff, the A&M System has a physical presence
in 248 of the State's 254 counties and a programmatic presence in every county.
The A&M System educates more than 103,000 students and makes more than
15 million additional educational contacts through service and outreach programs
each year.
Investments of the A&M System are pooled into two commingled investment
funds: the Cash Concentration Pool and the System Endowment Fund.
The Cash Concentration Pool ("Pool") was established in 1990, for the management
of institutional funds of the A&M System. The Pool is composed of six
asset classes with a total market value at January 31, 2007, of $1.68 billion.
The Pool's six asset classes are divided as follows:
Short-Term Portfolio: 6 - 10% plus debt proceeds
Liquidity Portfolio: 20 - 30%
Fixed Income: 20 - 30%
Domestic Equity: 17 - 23%
International Equity: 12 - 16%
Absolute Return: 7 - 9%
The System Endowment Fund ("SEF") consists of endowment funds donated to
the Members of the A&M System, with the exception of Texas A&M University
in College Station, which generally invests new endowment funds with the A&M
Foundation. The goal of the SEF is to support distributions for endowment
beneficiaries while maintaining the purchasing power of the endowment in perpetuity.
The asset allocation of the $752 million SEF is as follows:
Fixed Income: 13 - 17%
Domestic Equity: 26 - 34%
International Equity: 17 - 23%
Inflation Hedge: 6 - 8%
Absolute Return: 14 - 18%
Private Equity: 9-12%
The Board of Regents has granted to the Chancellor of the A&M System
authority for the purchase, sale, assignment, transfer, and management of
all investments of the A&M System or its Members. With approval of the
Board, the Chancellor has delegated this authority to the Office of Treasury
Services staff. The Office of Treasury Services handles the administration
of investments and implementation of Board policy.
II. Purpose of RFP
To solicit proposals to provide investment consultant services to the A&M
System Office of Treasury Services. This would include, but not be limited
to, performance reporting, asset allocation studies, investment manager searches,
and assistance in meeting the investment goals of the A&M System.
III. Scope of Services
The primary role of the investment consultant is to provide advice, consultation,
and other services, as necessary, to the Office of Treasury Services on all
matters related to investments.
The investment consultant will work under the direction of the Office of
Treasury Services, maintaining a working partnership relationship on all investment
matters.
Any special projects for which the investment consultant will require additional
compensation must be approved, in advance, by the Office of Treasury Services.
IV. Description of Services
The investment consultant will perform the following services:
1. Provide preliminary performance reports monthly by the tenth business
day of the following month for the Pool and SEF.
2. Provide performance measurement and evaluation reports quarterly for
both the Pool and SEF. These reports shall include return numbers, rankings
against similar funds, risk/return analysis, and a policy index comparison.
Reconciliation with manager reported returns is expected.
3. Review asset allocation and investment policy, at least annually, for
the Pool and SEF and make recommendations for revisions.
4. Investment manager searches as requested.
5. Assist with other value added programs such as cash equitization and
commission recapture programs as requested.
6. Provide assistance in meeting the A&M System investment goals.
7. Meet with A&M System personnel in College Station, or via teleconference
as requested.
8. Attend and/or present at meetings of the Board of Regents and other
meetings as requested.
V. RFP Submissions
Responses to the RFP should include answers to the following questions
and any other information relevant to your firm's qualifications for investment
consultant for the A&M System.
The proposal must
be manually signed by a person with authority to bind the firm under a contract.
1. Explain your firm's experience and credentials that will enable your
firm to assist the A&M System in meeting its investment goals.
2. What are the firm's total assets under advisement? What are the demographics
of the firm's client base; average account size; retention rate?
3. What percentage of your firm's total business function is solely consulting
to endowment funds?
4. Describe your firm's success with similar type funds and include three
references with similar type funds.
5. Name the individual(s) and provide resume(s) for the individual(s) who
would be assigned to act as investment consultant(s) to the A&M System.
Indicate the role(s) the individual(s) would assume in the consulting relationship
and how it would benefit the A&M System.
6. Describe your firm's experience, in the last year, with providing the
following services to clients and provide a brief explanation of the techniques
utilized.
A. Asset allocation studies
B. Manager Searches by investment type and client
7. Provide examples of the firm's ability to evaluate a variety of asset
classes. Describe the firm's process for evaluating asset classes and investment
managers.
8. Describe the resources available to advisors to provide investment information
to the Office of Treasury Services.
9. Provide examples of performance evaluation reports including available
indices. Include examples of monthly performance reports and quarterly performance
and evaluation reports.
10. Discuss your firm's availability/accessibility to the State of Texas.
11. In an effort to minimize potential conflicts of interest, please disclose
any investment management and/or brokerage services provided by your firm
or its affiliates.
12. Please include information on pricing including retainer based and
fee-for-service schedules.
VI. Subcontractors
It is the policy of the State of Texas and the A&M System to encourage
the use of Historically Underutilized Businesses ("HUBs") in our prime contracts,
subcontractors, and purchasing transactions. The goal of the HUB program is
to promote equal access and equal opportunity in A&M System contracting
and purchasing.
Subcontracting opportunities are not anticipated for this RFP and therefore
a HUB Subcontracting Plan ("HSP") is not required.
However, if a subcontractor will be used to provide any services, the Proposer
will be required to make a good faith effort and complete the State of Texas
HSP. In the event that you determine your firm will be using a subcontractor,
please contact Mr. Don Barwick from the A&M System's HUB Office at (979)
458-6410 or dbarwick@tamu.edu for assistance in determining available HUB
subcontractors and proper completion of the HSP.
VII. Submission Deadline and Address
Four (4) copies of the proposal must be submitted no later than 5 p.m.
on Friday, April 6, 2007, to the following address:
Maria L. Robinson
Director of Treasury Services
The Texas A&M University System
200 Technology Way, Suite 1120
College Station, Texas 77845-3424
VIII. Costs Incurred in Responding
All costs directly or indirectly related to preparation of a response to
this RFP, or any presentations required to supplement and/or clarify the RFP
which may be required by the A&M System, shall be the sole responsibility
of your firm.
IX. Selection Criteria
The Investment Consultant will be selected based on the following criteria:
1. Demonstrated competence and qualifications, including experience with
similar clients as well as reasonableness of the proposed fee for services;
and
2. References
The A&M System reserves the right to negotiate individual elements
of the Investment Consultant's proposal and to reject any and all proposals
at its discretion.
Once the most qualified firm is identified, the A&M System will negotiate
specific terms of the contract. If negotiations are unsuccessful, the A&M
System will negotiate with another qualified firm, if applicable.
X. Evaluation Information and Criteria
The A&M System will utilize an evaluation process for the assessment
of responses to this RFP. The evaluation will include the overall response
to the RFP and the general requirements defined in the RFP. The A&M System
will evaluate and make the award on the proposal that is determined to be
the best value to the State based on the criteria listed below.
All proposals must be complete and convey all of the information requested
to be considered responsive. If the proposal fails to conform to the essential
requirements of the RFP, the A&M System alone will determine whether the
variance is significant enough to consider the proposal susceptible to being
made acceptable and therefore a candidate for further consideration, or not
susceptible to being made acceptable and therefore not considered for award.
The following weights have been assigned for the evaluation process:
Demonstrated competence and qualifications 75%
References 25%
Total 100%
XI. Conflicts of Interest
Firms shall, in advance, disclose any conflicts of interest or potential
conflicts of interest under the laws of the State of Texas. If selected, the
firm will be required to submit to the State Auditor of Texas annual disclosure
statements related to conflicts of interest in the format prescribed by the
State.
XII. Open Records
All proposals shall be deemed, once submitted, to be the property of The
Texas A&M University System and subject to the Public Information Act,
Chapter 552 of the Texas Government Code.
XIII. Terms and Conditions
The following terms and conditions will be included in the contract language
used by The Texas A&M University System for engaging consultant services.
Prior to providing any services or incurring any costs, the successful consultant
will be required to execute a contract using the language as shown without
additions or deletions, save specific consultant identification, related scope
of work and agreed upon fee schedule. No changes to the agreement will be
considered and it is recommended proposed bidder find the contract terms acceptable
prior to submission of response to this RFP.
1. Default and Termination
A. In the event of substantial failure by a party hereunder to perform
in accordance with the terms hereof, the other party may terminate this Agreement
upon fifteen (15) days written notice of termination setting forth the nature
of the failure (the termination shall not be effective if the failure is fully
cured prior to the end of the fifteen-day period), provided that said failure
is through no fault of the terminating party.
B. The A&M System may, without cause, terminate this Agreement at any
time upon giving thirty (30) days advance notice to Consultant. Upon termination
pursuant to this paragraph, Consultant shall be entitled to payment of such
amount as shall compensate Consultant for the services satisfactorily performed
from the time of the last payment date to the termination date in accordance
with this Agreement, provided Consultant shall have delivered to the A&M
System a final report describing the work completed to the date of termination.
The A&M System shall not be required to reimburse Consultant for any services
performed or expenses incurred after the date of termination notice.
2. Public Information
A. Information provided to Consultant by the A&M System, including
but not limited to information from the members, officers, agents, or employees
of The Texas A&M University System or any of its members, and information
provided to Consultant by members of the public or any other third party shall
belong to the A&M System.
B. Information created, derived, or otherwise produced by Consultant shall
remain the exclusive property of Consultant. Consultant acknowledges any final
report or papers will be provided in accordance with this Agreement, and that
any information contained in any report or papers, which Consultant believes
is confidential under Texas law will be clearly designated as such by Consultant.
In the event the A&M System receives a request for public information
for any portion of any final report or papers that have been designated by
Consultant to be confidential, the A&M System will provide notice to Consultant
and Consultant may submit a brief to the Office of the Attorney General, as
provided by Chapter 552, Texas Government Code.
3. Alternative Dispute Resolution
State law requires that this Agreement include a provision stating that
the following dispute resolution process must be used to attempt to resolve
a dispute arising under this Agreement:
The dispute resolution process provided for in Chapter 2260 of the Texas
Government Code shall be used, as further described herein, by the A&M
System and Consultant to attempt to resolve any claim for breach of contract
made by the Consultant:
A. Consultant's claim for breach of this Agreement that the parties cannot
resolve in the ordinary course of business shall be submitted to the negotiation
process provided in Chapter 2260, subchapter B, of the Texas Government Code.
To initiate the process, Consultant shall submit written notice, as required
by subchapter B, to Mr. Gregory R. Anderson, Associate Vice Chancellor and
Treasurer. Said notice shall specifically state that the provisions of Chapter
2260, subchapter B, are being invoked, the date and nature of the event giving
rise to the claim, the specific contract provision that the A&M System
allegedly breached, the amount of damages Consultant seeks, and the method
used to calculate the damages. A copy of the notice shall also be given to
all other representatives of the A&M System and Consultant otherwise entitled
to notice under this Agreement. Compliance by Consultant with subchapter B
is a condition precedent to the filing of a contested case proceeding under
Chapter 2260, subchapter C, of the Texas Government Code.
B. The contested case process provided in Chapter 2260, subchapter C, of
the Texas Government Code is Consultant's sole and exclusive process for seeking
a remedy for any and all alleged breaches of contract by the A&M System
if the parties are unable to resolve their disputes under subparagraph (A)
of this paragraph.
C. Compliance with the contested case process provided in subchapter C
is a condition precedent to seeking consent to sue from the Legislature under
Chapter 107 of the Civil Practices and Remedies Code. Neither the execution
of this Agreement by the A&M System nor any other conduct of any representative
of the A&M System relating to this Agreement shall be considered a waiver
of sovereign immunity to suit.
D. The submission, processing and resolution of Consultant's claim is governed
by the published rules adopted by the Attorney General pursuant to Chapter
2260, as currently effective, hereafter enacted or subsequently amended.
E. Neither the occurrence of an event nor the pendency of a claim constitutes
grounds for the suspension of performance by Consultant, in whole or in part.
F. The designated individual responsible on behalf of the A&M System
for examining any claim or counterclaim and conducting any negotiations related
thereto as required under §2260.052 of the Texas Government Code shall
be Mr. Gregory R. Anderson, Associate Vice Chancellor and Treasurer.
4. Miscellaneous
Consultant agrees to indemnify and hold harmless the A&M System from
any claim, damage, liability, expense or loss arising out of Consultant's
performance under this Agreement.
Consultant shall neither assign its rights nor delegate its duties under
this Agreement without the prior written consent of the A&M System.
Consultant shall be an independent contractor, and neither Consultant nor
any employee of Consultant shall be deemed to be an agent or employee of the
A&M System. As an independent contractor, Consultant will be solely responsible
for determining the means and methods for performing the services described.
Consultant shall observe and abide by all applicable laws and regulations,
policies and procedures, including but not limited to, those of the A&M
System relative to conduct on its premises.
This Agreement constitutes the sole agreement of the parties and supersedes
any other oral or written understanding or agreement. This Agreement may not
be amended or otherwise altered except upon the written agreement of both
parties.
This Agreement shall be construed under the laws of the State of Texas,
and venue for any action brought hereunder shall be Brazos County, Texas.
5. Certifications. By agreeing to and signing this Agreement, the Consultant
hereby makes the following certifications and warranties:
A. Delinquent Child Support Obligations. A child support obligor who is
more than 30 days delinquent in paying child support and a business entity
in which the obligor is a sole proprietor, partner, shareholder, or owner
with an ownership interest of at least 25 percent is not eligible to receive
payments from state funds under a contract to provide property, materials,
or services until all arrearages have been paid or the obligor is in compliance
with a written repayment agreement or court order as to any existing delinquency.
The Family Code requires the following statement: Under §231.006, Family
Code, the vendor or applicant certifies that the individual or business entity
named in this contract, bid, or application is not ineligible to receive the
specified grant, loan, or payment and acknowledges that this contract may
be terminated and payment may be withheld if this certification is inaccurate.
B. Prohibited Bids and Agreements. A state agency may not accept a bid
or award a contract that includes proposed financial participation by a person
who received compensation from the agency to participate in preparing the
specifications or request for proposals on which the bid or contract is based.
The Government Code requires the following statement: Under §2155.004,
Government Code, the vendor certifies that the individual or business entity
named in this bid or contract is not ineligible to receive the specified contract
and acknowledges that this contract may be terminated and payment withheld
if this certification is inaccurate.
C. Previous Employment with the A&M System. Consultant acknowledges
and understands that §2252.901 (as amended) of the Texas Government Code
prohibits a state agency from using state appropriated funds to enter into
any employment, professional services or consulting services agreement with
any individual who has been previously employed, as an employee, by the agency
within the past twelve (12) months. If Consultant is an individual, by signing
this Agreement, Consultant certifies that §2252.901 (as amended) of the
Texas Government Code does not prohibit the use of state appropriated funds
for satisfying the payment obligations herein.
D. Franchise Tax. If Consultant is subject to the Texas franchise tax,
Consultant certifies that, upon the effective date of this Agreement, it is
either exempt from the obligation to pay franchise taxes or is not delinquent
in payment of franchise taxes. Consultant agrees that any false statement
with respect to franchise tax status shall be a material breach hereof, and
the A&M System shall be entitled to terminate this Agreement upon written
notice thereof to the Consultant.
E. Debt to State. Pursuant to §2107.008 and §2252.903, Texas
Government Code, Consultant agrees that any payments owing to Consultant under
this Agreement may be applied directly toward any debt or delinquency that
Consultant owes the State of Texas or any agency of the State of Texas regardless
of when it arises, until such debt or delinquency is paid in full. "Debt or
delinquency" means a debt, tax delinquency, student loan delinquency, or child
support delinquency that results in a payment law prohibiting the comptroller
from issuing a warrant or initiating an electronic funds transfer.
TRD-200700909
Vickie Burt Spillers
Executive Secretary to the Board
Texas A&M University, Board of Regents
Filed: March 7, 2007
Aviation Division - Request for Proposal for Aviation Engineering Services
The City of Hondo, through its agent the Texas Department of Transportation
(TxDOT), intends to engage an aviation professional engineering firm for services
pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT Aviation Division
will solicit and receive proposals for professional aviation architectural
and engineering design services described below:
Airport Sponsor: City of Hondo, Hondo Municipal Airport. TxDOT CSJ No.:
07TBHONDO. Scope: Provide architectural/engineering services to design and
construct terminal building and associated appurtenances at the Hondo Municipal
Airport.
The
HUB
goal is set at
5%
. TxDOT Project Manager is John Greer, P.E.
To assist in your proposal preparation, the most recent Airport Layout
Plan, 5010 drawing, and project narrative are available online at
www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm
by selecting
"Hondo Municipal Airport".
Interested firms shall utilize the latest version of Form AVN-550, titled
"Aviation Engineering Services Proposal". The form may be requested from TxDOT
Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, phone number,
1-800-68-PILOT (74568). The form may be e-mailed by request or downloaded
from the TxDOT web site, URL address
http://www.dot.state.tx.us/forms/aviation/550.doc
. The form may not be altered in any way. All printing must be in black
on white paper, except for the optional illustration page. Firms must carefully
follow the instructions provided on each page of the form. Proposals may not
exceed the number of pages in the proposal format. The proposal format consists
of seven pages of data plus two optional pages consisting of an illustration
page and a proposal summary page. Proposals shall be stapled but not bound
in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.
ATTENTION: To ensure utilization of the latest version of Form AVN-550, firms
are encouraged to download Form AVN-550 from the TxDOT website as addressed
above. Utilization of Form AVN-550 from a previous download may not be the
exact same format. Form AVN-550 is an MS Word Template.
Please note
:
Six completed, unfolded copies of Form AVN-550
must be received
by TxDOT Aviation Division at 150 E. Riverside Drive,
5th Floor, South Tower, Austin, Texas 78704 no later than April 3, 2007, 4:00
p.m. Electronic facsimiles or forms sent by e-mail will not be accepted. Please
mark the envelope of the forms to the attention of Edie Stimach.
The Consultant Selection Committee (committee) will be composed of Aviation
Division staff and local government members. The final selection by the committee
will generally be made following the completion of review of proposals. The
committee will review all proposals and rate and rank each. The criteria for
evaluating engineering proposals can be found at http://www.dot.state.tx.us/services/aviation/consultant.htm.
All firms will be notified and the top rated firm will be contacted to begin
fee negotiations. The committee does, however, reserve the right to conduct
interviews for the top rated firms if the committee deems it necessary. If
interviews are conducted, selection will be made following interviews.
If there are any procedural questions, please contact Edie Stimach, Grant
Manager, or John Greer, Project Manager for technical questions at 1-800-68-PILOT
(74568).
TRD-200700820
Bob Jackson
General Counsel
Texas Department of Transportation
Filed: March 2, 2007
Terry County, through its agent the Texas Department of Transportation
(TxDOT), intends to engage an aviation professional engineering firm for services
pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT Aviation Division
will solicit and receive proposals for professional aviation engineering design
services described below:
Airport Sponsor: Terry County, Terry County Airport. TxDOT CSJ No.: 0705BWNFL.
Scope: Provide engineering/design services to rehabilitate and mark taxiways
"A," "B," "C," "D," and "E"; rehabilitate and mark runway 2-20; rehabilitate
apron; and rehabilitate and mark runway 13-31.
The HUB goal is set at 5%. TxDOT Project Manager is Bijan Jamalabad, P.E.
To assist in your proposal preparation, the most recent Airport Layout
Plan, 5010 drawing, and project narrative are available online at
www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm
by selecting
"Terry County Airport."
Interested firms shall utilize the latest version of Form AVN-550, titled
"Aviation Engineering Services Proposal." The form may be requested from TxDOT
Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, phone number,
1-800-68-PILOT (74568). The form may be e-mailed by request or downloaded
from the TxDOT web site, URL address
http://www.dot.state.tx.us/forms/aviation/550.doc
. The form may not be altered in any way. All printing must be in black
on white paper, except for the optional illustration page. Firms must carefully
follow the instructions provided on each page of the form. Proposals may not
exceed the number of pages in the proposal format. The proposal format consists
of seven pages of data plus two optional pages consisting of an illustration
page and a proposal summary page. Proposals shall be stapled but not bound
in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.
ATTENTION: To ensure utilization of the latest version of Form AVN-550, firms
are encouraged to download Form AVN-550 from the TxDOT website as addressed
above. Utilization of Form AVN-550 from a previous download may not be the
exact same format. Form AVN-550 is an MS Word Template.
Please note
:
Five completed, unfolded copies of Form AVN-550
must be received
by TxDOT Aviation Division at 150 E. Riverside Drive,
5th Floor, South Tower, Austin, Texas 78704 no later than April 10, 2007,
4:00 p.m. Electronic facsimiles or forms sent by e-mail will not be accepted.
Please mark the envelope of the forms to the attention of Amy Slaughter.
The Consultant Selection Committee (committee) will be composed of local
government members. The final selection by the committee will generally be
made following the completion of review of proposals. The committee will review
all proposals and rate and rank each. The criteria for evaluating engineering
proposals can be found at
http://www.dot.state.tx.us/services/aviation/consultant.htm
. All firms will be notified and the top rated firm will be contacted
to begin fee negotiations. The committee does, however, reserve the right
to conduct interviews for the top rated firms if the committee deems it necessary.
If interviews are conducted, selection will be made following interviews.
If there are any procedural questions, please contact Amy Slaughter, Grant
Manager, or Bijan Jamalabad, Project Manager, for technical questions at 1-800-68-PILOT
(74568).
TRD-200700884
Bob Jackson
General Counsel
Texas Department of Transportation
Filed: March 7, 2007
Coastal Coordination Council
Office of Consumer Credit Commissioner
Texas Commission on Environmental Quality
Enforcement Orders
Notice of Availability of the Draft 2006 Clean Water Act, §305(b) Water Quality Inventory and the §303(d) List
Notice of District Petition
Notice of Water Rights Application
Office of the Governor
Request for Grant Applications (RFA) for the State Criminal Justice Planning (Fund 421) Program
Request for Grant Applications (RFA) for the S.T.O.P. Violence Against Women Act (VAWA) Fund Program
Texas Health and Human Services Commission
Notice of Public Hearing on Proposed Medicaid Payment Rates
Houston-Galveston Area Council
Texas Department of Insurance
Third Party Administrator Applications
Texas Lottery Commission
North Central Texas Council of Governments
Public Utility Commission of Texas
Announcement of Application for an Amendment to a State-Issued Certificate of Franchise Authority
Announcement of Application for an Amendment to a State-Issued Certificate of Franchise Authority
Announcement of Application for an Amendment to a State-Issued Certificate of Franchise Authority
Notice of Application for Amendment to Service Provider Certificate of Operating Authority
Notice of Application for Designation as an Eligible Telecommunications Carrier and Eligible Telecommunications Provider
Notice of Application to Amend Certificated Service Area Boundaries in Comal County, Texas
Notice of Application to Amend Certificated Service Area Boundaries in Medina County, Texas
Notice of Filing to Withdraw Services Pursuant to P.U.C. Substantive Rule §26.208
Request for Comments on a Form for the Quantification of a Surcharge for New Electric Meters
Texas A&M University, Board of Regents
Texas Department of Transportation
Aviation Division - Request for Proposal for Aviation Engineering Services
The University of Texas System