Texas Building and Procurement Commission
The Texas Building and Procurement Commission (TBPC), on behalf of the Department of Family and Protective Services (DFPS), announces the issuance of Request for Proposals (RFP) #303-7-11284. TBPC seeks a 5 year lease of approximately 3,835 square feet of office space in Sweetwater, Colorado City, or Snyder, Texas.
The deadline for questions is March 27, 2007 and the deadline for proposals is April 6, 2007 at 3:00 p.m. The award date is May 1, 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 http://esbd.tbpc.state.tx.us/bid_show.cfm?bidid=69583.
TRD-200700978
Ingrid K. Hansen
General Counsel
Texas Building and Procurement Commission
Filed: March 13, 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 March 2, 2007, through March 8, 2007. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for these activities extends 30 days from the date published on the Coastal Coordination Council web site. The notice was published on the web site on March 14, 2007. The public comment period for these projects will close at 5:00 p.m. on April 13, 2007.
FEDERAL AGENCY ACTIONS:
Applicant: Sterling Exploration and Production Company; Location: The project is located in Matagorda Bay, approximately 9.8 miles southeast of Port Lavaca, near the Matagorda Ship Channel and within State Tract (ST) 65. The project can be located on the U.S.G.S. quadrangle map titled: Keller Bay, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 746335; Northing: 3160391. Project Description: The applicant proposes to install, operate and maintain structures and equipment necessary for oil and gas drilling, production and transportation activities of the ST 65 N/2 No. 1 Well. Such activities include installation of typical slotted drilling barge, production structures and attendant facilities. CCC Project No.: 07-0125-F1; Type of Application: U.S.A.C.E. permit application #24429 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: Franklin Jones III; Location: The project is located along West Galveston Bay, Mensell Bayou and the Spanish Grant Channel, at 12540 Stewart Road, in Galveston, Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Lake Como, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 313507; Northing: 3235388. Project Description: The applicant proposes revised plans for the amendment of existing Department of the Army (DA) permit 22590, issued in 2003, for the Anchor Bay Subdivision. A public notice dated August 15, 2005, proposed an amendment to the existing permit, which involved a new entrance channel that would connect the Anchor Bay Subdivision to West Bay via Mensell Bayou. Subsequent to this notice, a water quality study was conducted by LEAP Engineering, L.L.C. and verified by the Corps of Engineers Engineer Research and Development Center, which compared circulation patterns and dissolved oxygen levels resulting from the previously authorized subdivision connection to West Bay via the Spanish Grant Canal to that which was proposed in the August 15, 2005, public notice. The study showed that the applicant's proposed replacement of the existing culverted road crossing on Camino Real Street with a free-span bridge, as mandated by the City of Galveston, will produce greater water quality benefits and circulation within and around the Spanish Grant Subdivision and Canal utilizing the previously authorized design, compared to utilization of the new design proposed in the last public notice. Based on this new information, the application for DA Permit Amendment 22590(03) was withdrawn. Revised plans have been submitted which now propose a refined Anchor Bay design that is based on the previously authorized subdivision entrance via Spanish Grant Channel. Minor design changes in the footprint of the development have occurred since issuance of the original permit as a result of coordination with the City of Galveston. DA Permit 22590 authorized filling of 1 acre and excavation of 0.21 acre of adjacent fresh to brackish wetland, and the excavation of 1.25 acres of adjacent tidal sand flat for the construction of the circulation channels. As compensation for these impacts, the permit authorized the preservation of 10.11 acres (8.94 acres of prairie uplands and 1.17 acres of brackish wetlands) to be protected in perpetuity by conservation easement, creation of tidal fringe wetlands along the Spanish Grant Canal and interior Anchor Bay canals, and creation of tidal fringe wetlands along each side of the two circulation channels leading to Mensell and Oxen Bayous. Elements of the basic plat as discussed, including the previously authorized mitigation, are still authorized.
The following permit modifications, as previously publicized in the August 15, 2005, public notice, are still proposed and are discussed in detail below. These include widening Camino Real Road by 25 feet, converting an upland house lot along the Spanish Grant Canal into a boat basin, relocating a small inland pond, constructing three piers that extend into Mensell Bayou, replacing the type and location of the bridges to be constructed within the development, filling an additional 1.04 acres of wetland along the northern project boundary for roadway work (a result of the City of Galveston plat approval process) and modifying the previously authorized mitigation plan to include compensation for such impacts.
1. The widening of Camino Real Road will require filling approximately 625 square feet (0.01 acre) of wetland and 34,375 square feet (0.79 acre) of uplands that had been set aside as mitigation in the original permit. The culverted crossing on Camino Real will be replaced with a free-span bridge. The road-widening project is necessary to satisfy the traffic concerns and parking requirements for residents living along the road.
2. The new 130-foot-long, 75-foot-wide boat basin, constructed out of uplands located along the Spanish Grant Channel, will be excavated to a depth of minus 4 feet mean low water. It will contain a boat ramp and six 12-foot-wide boat slips with seven 2-foot-wide by 25-foot-long piers. Once completed, an 8-foot-wide by 130-foot long strip of cordgrass will be planted along the opposite side of the basin to improve local water quality. Articulated block mats will be placed along each side of the entrance to this basin to protect the adjacent wetland benches from erosion.
3. All dredged material from the Spanish Grant Canal and boat basin will be placed on the applicant's upland property at a newly designated 32,114-square-foot dredged material placement area.
4. Portions of a small inland pond will be filled and a new pond/wetland area will be created in another 22,000-square-foot open area within the project site to improve the prospects of wildlife use.
5. The proposed piers into Mensell Bayou will vary from 225 to 235 feet in length, have a 6-foot walkway, and have a 48-foot-wide by 12-foot-long T-head.
6. The revised subdivision plat has resulted in a roadway being built along the northern boundary of the development. This portion of the project will result in additional fill being placed into 1.04 acres of brackish marsh (regulated under Section 404 of the Clean Water Act).
7. In addition to the mitigation authorized with the original permit, the applicant proposes to compensate for the 0.80-acre tract of land taken during the widening of Camino Real Road by setting aside an additional 140-foot by 250-foot area (0.80 acre) of uplands and wetlands located south of and adjoining to the original mitigation tract. This tract fronts Stewart Road and adjoins the existing estuary. To offset the additional filling of wetlands for the roadway development along the northern border of the project area, the applicant proposes to create 2.75 acres of brackish wetland from uplands located along the southern boundary of the project area, adjacent to the existing estuary. Finally, a small brackish pond that exists on the property will be relocated to a location more suitable for wildlife usage.
8. Drainage along portions of lots not facing canals, as well as portions of lots facing roadways, will be into roadside ditches and eventually to five proposed detention ponds that will be excavated from uplands in the subdivision.
CCC Project No.: 07-0129-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-388 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality under §401 of the Clean Water Act (33 U.S.C.A. §1344).
Applicant: Louis Lupinacci; Location: The project is located in Caney Creek, at 155 Seagull Drive, in Sargent, Matagorda County, Texas. The project can be located on the U.S.G.S. quadrangle map titled: Sargent, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 242837; Northing: 3185486. Project Description: The applicant proposes to construct a 50-linear-foot bulkhead tied into existing bulkheads on adjoining properties and to place fill within approximately 866 square feet of intertidal estuarine wetlands for the purpose of halting the recently accelerated erosion rate and to restore property. No compensatory mitigation plan has been submitted. CCC Project No.: 07-0131-F1; Type of Application: U.S.A.C.E. permit application #24428 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344).
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Coastal Coordination Council for review.
Further information on the applications listed above may be obtained from 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-200700953
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: March 12, 2007
The Coastal Coordination Council (Council) is submitting its Coastal Management Program (CMP) changes to the Office of Ocean and Coastal Resource Management (OCRM) in the National Oceanic and Atmospheric Administration (NOAA) to obtain NOAA's approval. The Coastal Zone Management Act requires that the Council notify OCRM of any proposed change to Texas' approved CMP (16 U.S.C. §1455(e)(1)). This program change package identifies and summarizes amendments to the state statutes subject to the CMP since its approval by NOAA in December 1996. This package includes amendments to affected statutes adopted by the Texas Legislature through May 2005.
The Council considers these amendments to be routine program changes, and has requested the OCRM's concurrence in that determination. A routine program change is the further detailing of a state CMP that does not result in a substantial change to one or more of the following five program areas listed in 15 CFR §923.80(d): uses subject to management; special management areas; boundaries; authorities and organization; and coordination, public involvement and the national interest.
The Council solicits public comment regarding whether the program changes constitute routine program changes. Comments may be submitted to the OCRM within three weeks of the date of publication of this notice in the Texas Register . Please address comments to Ms. Carrie Hall, Coastal Program Specialist, National Oceanic and Atmospheric Administration, Office of Ocean and Coastal Resource Management, 1305 East-West Hwy., Silver Spring, MD 20910-3278, carrie.hall@noaa.gov.
The program change package and the FEIS, as well as information concerning the Council and its duties, may be found on the Texas General Land Office website at http://www.glo.state.tx.us/coastal/ccc.html. To receive a copy of the program change package, please send a written request to Ms. Deborah Cantu, Texas Register Liaison, Texas General Land Office, P.O. Box 12873, Austin, Texas, 78711-2873, deborah.cantu@glo.state.tx.us, facsimile (512) 463-6311.
TRD-200700994
Larry L. Laine
Chief Clerk/Deputy Land Commissioner
Coastal Coordination Council
Filed: March 13, 2007
Amended Notice of Request for Proposals
Pursuant to §1201.027, Texas Government Code; Chapter 2254, Subchapter A, Texas Government Code; and Chapter 404, Subchapter H, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces its Request for Proposals (RFP 178b) from qualified, independent law firms to serve as Bond Counsel to the Comptroller. The Comptroller desires to obtain the services of Bond Counsel in connection with a variety of issues related to the issuance, sale, and delivery of Tax and Revenue Anticipation Notes, including Commercial Paper Notes (Notes) as well as assisting in handling all disclosure issues relating to the Notes. The successful respondent will be expected to begin performance of the contract on or about May 1, 2007.
Contact: Parties interested in submitting a proposal should contact Thomas H. Hill, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., RM G-24, Austin, Texas 78774, telephone number: (512) 305-8673, to obtain a copy of the RFP. The Comptroller will mail copies of the RFP only to those specifically requesting a copy. The RFP will be available for pick-up at the above-referenced address on March 9, 2007, between 2:00 p.m. and 5:00 p.m., Central Zone Time (CZT), and during normal business hours thereafter. The Comptroller will also make the RFP available electronically on the Electronic State Business Daily after Friday, March 9, 2007, 2:00 p.m. (CZT).
Questions and Non-Mandatory Letters of Intent: All written inquiries, questions, and non-mandatory Letters of Intent to propose must be received at the above-referenced address not later than 2:00 p.m. (CZT) on Friday, March 23, 2007. Prospective respondents are encouraged to fax or e-mail non-mandatory Letters of Intent and Questions to (512) 475-0973 or contracts@cpa.state.tx.us to ensure timely receipt. The Letter of Intent must be addressed to Thomas H. Hill, Assistant General Counsel, Contracts, and must contain the information as stated in the corresponding Section of the RFP and be signed by an official of that entity. Non-mandatory Letters of Intent and Questions received after this time and date will not be considered. On or about Friday, March 30, 2007, the Comptroller expects to post responses to questions as a revision to the Electronic State Business Daily notice on the issuance of this RFP.
Closing Date: Proposals must be delivered to the Office of the Assistant General Counsel, Contracts, at the location specified above (ROOM G-24) no later than 2:00 p.m. (CZT), on Friday, April 13, 2007. Proposals received in ROOM G-24 after this time and date will not be considered regardless of the reason for the late delivery and receipt. Respondents are encouraged to and solely responsible for verifying timely receipt of proposals in that office (ROOM G24).
Evaluation Criteria: Proposals will be evaluated under the evaluation criteria outlined in the RFP.
The Comptroller reserves the right, in its sole discretion, to accept or reject any or all proposals submitted. The Comptroller is not obligated to award or execute any contracts on the basis of this notice or the distribution of any RFP. The Comptroller shall not pay for any costs incurred by any entity in responding to this notice or the RFP.
The anticipated schedule of events is as follows: Issuance of RFP - March 9, 2007, 2:00 p.m. CZT; Non-Mandatory Letter of Intent to propose and Questions Due - March 23, 2007, 2:00 p.m. CZT; Official Responses to Questions posted - March 30, 2007, or as soon thereafter as practical; Proposals Due - April 13, 2007, 2:00 p.m. CZT, Contract Execution - May 1, 2007, or as soon thereafter as practical; and Commencement of Project Activities - May 1, 2007.
TRD-200700946
Pamela G. Smith
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: March 12, 2007
Pursuant to §1201.027, Texas Government Code; Chapter 2254, Subchapter B, Texas Government Code; and Chapter 404, Subchapter H, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces its Request for Proposals (RFP #178a) from qualified, independent firms to serve as Financial Advisor to the Comptroller. The Comptroller desires to obtain the services of a Financial Advisor related to the document preparation, issuance, sale, and delivery of Tax and Revenue Anticipation Notes, including Commercial Paper Notes (Notes) as well as assistance in handling of disclosure issues relating to the Notes. The successful respondent will be expected to begin performance of the contract on or about May 1, 2007.
Contact: Parties interested in submitting a proposal should contact Thomas H. Hill, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., RM G-24, Austin, Texas 78774, telephone number: (512) 305-8673, to obtain a copy of the RFP. The Comptroller will mail copies of the RFP only to those specifically requesting a copy. The RFP will be available for pick-up at the above-referenced address on March 9, 2007, between 2:00 p.m. and 5:00 p.m., Central Zone Time (CZT), and during normal business hours thereafter. The Comptroller will also make the RFP available electronically on the Electronic State Business Daily after Friday, March 9, 2007, 2:00 p.m. (CZT).
Questions and Non-Mandatory Letters of Intent: All written inquiries, questions, and non-mandatory Letters of Intent to propose must be received at the above-referenced address not later than 2:00 p.m. (CZT) on Friday, March 23, 2007. Prospective respondents are encouraged to fax or e-mail non-mandatory Letters of Intent and Questions to (512) 475-0973 or contracts@cpa.state.tx.us to ensure timely receipt. The Letter of Intent must be addressed to Thomas H. Hill, Assistant General Counsel, Contracts, and must contain the information as stated in the corresponding Section of the RFP and be signed by an official of that entity. Non-mandatory Letters of Intent and Questions received after this time and date will not be considered. On or about Friday, March 30, 2007, the Comptroller expects to post responses to questions as a revision to the Electronic State Business Daily notice on the issuance of this RFP.
Closing Date: Proposals must be delivered to the Office of the Assistant General Counsel, Contracts, at the location specified above (ROOM G-24) no later than 2:00 p.m. (CZT), on Friday, April 13, 2007. Proposals received in ROOM G-24 after this time and date will not be considered regardless of the reason for the late delivery and receipt. Respondents are encouraged to verify and are solely responsible for verifying timely receipt of proposals in that office (ROOM G-24).
Evaluation Criteria: Proposals will be evaluated under the evaluation criteria outlined in the RFP.
The Comptroller reserves the right, in its sole discretion, to accept or reject any or all proposals submitted. The Comptroller is not obligated to award or execute any contracts on the basis of this notice or the distribution of any RFP. The Comptroller shall not pay for any costs incurred by any entity in responding to this notice or the RFP.
The anticipated schedule of events is as follows: Issuance of RFP - March 9, 2007, 2:00 p.m. CZT; Non-Mandatory Letter of Intent to propose and Questions Due - March 23, 2007, 2:00 p.m. CZT; Official Responses to Questions posted - March 30, 2007, or as soon thereafter as practical; Proposals Due - April 13, 2007, 2:00 p.m. CZT, Contract Execution - May 1, 2007, or as soon thereafter as practical; and Commencement of Project Activities - May 1, 2007.
TRD-200700947
Pamela G. Smith
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: March 12, 2007
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 03/19/07 - 03/25/07 is 18% for Consumer 1 /Agricultural/Commercial 2 /credit through $250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 03/19/07 - 03/25/07 is 18% for Commercial over $250,000.
1 Credit for personal, family or household use.
2Credit for business, commercial, investment or other similar purpose.
TRD-200700969
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: March 13, 2007
Public Notice of Workshop Regarding Collecting and Remitting the Wireless 9-1-1 Emergency Service Fee with Respect to Prepaid Wireless Services
The staff of the Commission on State Emergency Communications (''CSEC'') will hold a workshop regarding the collection and remittance of the wireless 9-1-1 emergency service fee (''9-1-1 Fee'') imposed on wireless telecommunications connections used by prepaid wireless subscribers. The workshop will be held on Thursday, April 5, 2007, from 10:00 p.m. to 4:00 p.m., Room 100, Hobby Building, 333 Guadalupe Street, Austin, Texas 78701. All interested persons are invited to attend.
Health and Safety Code §771.0711 obligates CSEC to impose upon each wireless telecommunications connection (''WTC'') the 9-1-1 Fee. A wireless service provider is required to collect the 9-1-1 Fee in an amount equal to 50 cents per month for each WTC from its subscribers and remit the collections to the Texas Comptroller of Public Accounts. For purposes of the workshop, a person using a WTC is deemed a subscriber. The workshop, therefore, is limited to a discussion of issues involving the collection and remittance of the 9-1-1 Fee.
CSEC staff is seeking input from interested persons to determine whether a rulemaking regarding the collection of the 9-1-1 Fee from prepaid wireless service subscribers is appropriate. This notice is not a formal notice of proposed rulemaking; however, the workshop may lead to the drafting of a rule for publication and comment.
Prior to the workshop, CSEC staff requests interested persons submit comments on the following:
1. Health and Safety Code §771.071(b) requires that the 9-1-1 Fee be collected in an ''amount equal to 50 cents.'' Please describe what could be considered an ''amount equal to 50 cents.''
2. Please define the term ''prepaid'' in the context of wireless service. Does the definition include charges a subscriber with a defined-term contract with a wireless services provider is charged for the following month's basic service?
3. Using your definition of ''prepaid,'' please describe the ways in which prepaid wireless services may by purchased by subscribers.
4. Please describe the means by which the 9-1-1 Fee is collected from subscribers of prepaid wireless services.
5. Do the means by which ''prepaid'' wireless services are purchased impact the ability of wireless service providers to collect the 9-1-1 Fee? If so, please specify the means of purchase and describe with particularity the difficulties.
6. For those means of purchase described in response to item 3, please propose a method(s) of collecting and remitting the 9-1-1 Fee.
7. Is a reseller of wireless services, a wireless services provider as defined in Health and Safety Code §771.001(12)? If not, please explain.
8. Are there any circumstances in which a reseller of wireless service could be deemed a subscriber for purposes of Health and Safety Code §771.071(b)? Please explain.
9. Are there any circumstances in which a retailer of WTCs could be deemed a subscriber for purposes of Health and Safety Code §771.071(b)? Please explain.
10. Are there any circumstances where the obligation to collect and remit the 9-1-1 Fee could be imposed upon a wireless service provider whose wireless network is used by the subscribers of a reseller of wireless services? Please explain.
11. Please describe the benefits and burdens of a rule authorizing prepaid wireless service providers to use a date certain each month to determine the number of ''active'' prepaid WTCs they have with Texas NPA-NXXs customers; and to deduct from such active WTCs an amount equal to 50 cents. (Note: As described, the rule is limited to those instances where the collection of 50 cents from subscribers each month is not feasible.)
12. Please describe the benefits and burdens of a rule incorporating the 9-1-1 Fee into the purchase price(s) for prepaid wireless services.
Comments may be filed electronically by submitting them to info@csec.state.tx.us or by mailing them to CSEC, c/o Hazel Van Cleave, 333 Guadalupe Street, Suite 2-212, Austin, Texas 78701-3942. Please include in the subject line ''Comments for Prepaid Wireless Workshop.'' The deadline for submitting comments is April 3, 2007.
An audio-conference bridge for the workshop will be made available, though participants are encouraged to attend in person. The bridge is limited to 50 lines and can be accessed by dialing 1-888-448-7101, and when prompted, 966451#. All comments, updates, and additional workshop information may be found at http://www.911.state.tx.us/browse.php/telco_remitt/.
Persons planning on participating in the workshop, please register by contacting Hazel Van Cleave at (512) 305-6928 or hazel.vancleave@csec.state.tx.us.
Questions concerning the workshop or this notice should be referred to Patrick Tyler, CSEC General Counsel, at (512) 305-6915. Hearing and speech-impaired individuals with a telecommunications device for the deaf may contact CSEC at (512) 305-6925.
TRD-200701019
Paul Mallett
Executive Director
Commission on State Emergency Communications
Filed: March 14, 2007
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 23, 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 23, 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: City of Arlington; DOCKET NUMBER: 2006-0720-WQ-E; IDENTIFIER: RN104950134; LOCATION: Arlington, Tarrant County, Texas; TYPE OF FACILITY: wastewater collection system line; RULE VIOLATED: the Code, §26.121(a)(1), by failing to prevent the unauthorized discharge of wastewater; PENALTY: $11,250; Supplemental Environmental Project (SEP) offset amount of $11,250 applied to 1st time sewer service to a low income household which is currently connected to a failing on-site septic system and to a one day city-wide household hazardous waste and pharmaceuticals collection event; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(2) COMPANY: Chet N Inc. dba Lakeside Cleaners; DOCKET NUMBER: 2006-0854-DCL-E; IDENTIFIER: RN104984950 and RN104988191; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: dry cleaning drop stations; RULE VIOLATED: 30 Texas Administrative Code (TAC) §337.10(a) and Texas Health & Safety Code (THSC), §374.102, by failing to complete and submit the required registration form; PENALTY: $2,370; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(3) COMPANY: Community Water Company dba Rolling Hills Water System; DOCKET NUMBER: 2006-2237-PWS-E; IDENTIFIER: RN102690310; LOCATION: Hunt County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.110(b)(4), by failing to maintain a free chlorine residual of 0.2 milligrams per liter (mg/L) or 0.5 mg/L of chloramine; and 30 TAC §290.46(m)(4), by failing to maintain all distribution system lines in a watertight condition; PENALTY: $2,640; ENFORCEMENT COORDINATOR: Andrea Linson-Mgbeoduru, (512) 239-1482; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(4) COMPANY: ConocoPhillips Company; DOCKET NUMBER: 2006-2030-AIR-E; IDENTIFIER: RN101619179; LOCATION: Old Ocean, Brazoria County, Texas; TYPE OF FACILITY: refinery; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 5920A, Special Condition 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $10,000; ENFORCEMENT COORDINATOR: Audra Ruble, (361) 825-3100; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(5) COMPANY: Crown Beverage Packaging Inc.; DOCKET NUMBER: 2006-1716-AIR-E; IDENTIFIER: RN100218072; LOCATION: Sugar Land, Fort Bend County, Texas; TYPE OF FACILITY: aluminum can manufacturing; RULE VIOLATED: 30 TAC §122.143(4) and §122.145(2)(B) and (C) and THSC, §382.085(b), by failing to submit the semi-annual deviation report; 30 TAC §101.20(1) and §122.143(4), Federal Operating Permit (FOP) O-01034, Special Condition Number 1, 40 Code of Federal Regulations §60.495(b), and THSC, §382.085(b), by failing to submit semi-annual reports; and 30 TAC §122.143(4) and §122.145(2)(A), FOP O-01034, Special Condition Number 1, and THSC, §382.085(b), by failing to report all emissions events on a deviation report; PENALTY: $7,920; ENFORCEMENT COORDINATOR: Sherronda Martin, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(6) COMPANY: Exxon Mobil Corporation; DOCKET NUMBER: 2006-0736-AIR-E; IDENTIFIER: RN102212925; LOCATION: Baytown, Harris County, Texas; TYPE OF FACILITY: chemical plant; RULE VIOLATED: 30 TAC §116.715(a), Flexible Air Permit Number 3452, Special Condition Number 1, and THSC, §382.085(b), by failing to prevent an avoidable emissions event; and 30 TAC §101.201(a)(1) and THSC, §382.085(b), by failing to submit the initial notification; PENALTY: $50,147; Supplemental Environmental Project (SEP) offset amount of $25,073 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: John Muennink, (361) 825-3100; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(7) COMPANY: Hagg, Inc. dba Speedy Mart; DOCKET NUMBER: 2006-1868-PST-E; IDENTIFIER: RN101832533; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for all underground storage tanks (USTs); and 30 TAC §334.50(b)(1)(A), (b)(2), (b)(2)(A)(i)(III), and (d)(1)(B)(ii), and the Code, §26.3475(a) and (c), by failing to provide proper release detection for the UST system; PENALTY: $6,600; ENFORCEMENT COORDINATOR: Colin Barth, (512) 239-0086; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(8) COMPANY: Insteel Wire Products Company; DOCKET NUMBER: 2006-2058-WQ-E; IDENTIFIER: RN103179339; LOCATION: Dayton, Liberty County, Texas; TYPE OF FACILITY: wire mesh manufacturing; RULE VIOLATED: 30 TAC §281.25(a)(4) and Texas Pollutant Discharge Elimination System (TPDES) General Permit Number TXR050000, Part III, Section A.5.(f), by failing to conduct annual employee training; 30 TAC §281.25(a)(4) and TPDES General Permit Number TXR050000, Part III.D.1., by failing to obtain a monitoring exclusion or conduct annual hazardous metals monitoring; 30 TAC §281.25(a)(4) and TPDES General Permit Number TXR050000, Parts III.A.5.(g) and (h), by failing to conduct periodic inspections once per quarter and to perform quarterly visual monitoring of the storm water discharge; 30 TAC §281.25(a)(4) and TPDES General Permit Number TXR050000, Part III.A.7., by failing to conduct an annual comprehensive site compliance evaluation; and 30 TAC §281.25(a)(4) and TPDES General Permit Number TXR050000, Part III.A.5., by failing to implement pollution prevention practices; PENALTY: $10,400; ENFORCEMENT COORDINATOR: Dana Shuler, (512) 239-2505; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(9) COMPANY: City of Kaufman; DOCKET NUMBER: 2007-0022-PWS-E; IDENTIFIER: RN101392728; LOCATION: Kaufman, Kaufman County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.110(c)(5)(B), by failing to conduct and record daily chlorine residual tests; 30 TAC §290.43(e), by failing to maintain an intruder resistant fence around the elevated storage tank; 30 TAC §290.42(j), by failing to demonstrate that the calcium hypochlorite used in the disinfection process is American National Standards Institute/National Sanitation Foundation approved; 30 TAC §290.46(m)(1) and (4), by failing to inspect the one ground storage tank and two elevated storage tanks and by failing to ensure all water treatment units, storage and pressure maintenance facilities, distribution system lines, and related appurtenances are maintained in a watertight condition; 30 TAC §290.44(h)(4), by failing to test backflow prevention assemblies; and 30 TAC §290.43(c)(4), by failing to provide an adequate water level indicator on the elevated storage tanks; PENALTY: $6,380; ENFORCEMENT COORDINATOR: Christopher Miller, (512) 239-6580; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(10) COMPANY: Millennium Petrochemicals Inc.; DOCKET NUMBER: 2006-1988-AIR-E; IDENTIFIER: RN100224450; LOCATION: La Porte, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 4571, Special Condition Number 5, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $10,000; Supplemental Environmental Project (SEP) offset amount of $5,000 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Roshondra Lowe, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(11) COMPANY: Port of Houston Authority dba APM Terminals; DOCKET NUMBER: 2007-0167-PST-E; IDENTIFIER: RN101742237; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: fleet refueling; RULE VIOLATED: 30 TAC §334.8(c)(5)(A)(i), by failing to possess a valid TCEQ delivery certificate prior to receiving fuel; PENALTY: $875; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(12) COMPANY: Rushing Paving Company, Ltd.; DOCKET NUMBER: 2006-2229-AIR-E; IDENTIFIER: RN102165974; LOCATION: Sherman, Grayson County, Texas; TYPE OF FACILITY: asphalt concrete plant; RULE VIOLATED: 30 TAC §111.111(a)(1)(B) and §116.115(b), Permit Number 18602, General Condition 9, and THSC, §382.085(b), by failing to properly maintain emission control equipment; PENALTY: $2,740; ENFORCEMENT COORDINATOR: Jessica Rhodes, (512) 239-2879; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(13) COMPANY: Shelbyville Independent School District; DOCKET NUMBER: 2006-1980-MWD-E; IDENTIFIER: RN101527224; LOCATION: Shelby County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §319.11(d), by failing to install flow measurement equipment; 30 TAC §305.125(1) and TPDES Permit Number WQ0013370001, Monitoring and Reporting Requirements Number 7.c., by failing to notify the TCEQ of effluent violations that deviated from the permitted limitations by more than 40%; 30 TAC §319.7(c) and TPDES Permit Number WQ0013370001, Monitoring and Reporting Requirements Number 3.b., by failing to maintain all records and information resulting from the required monitoring activities; and 30 TAC §305.125(1) and (5) and TPDES Permit Number WQ0013370001, Operational Requirements Number 1, by failing to ensure that the facility and all of its systems of treatment and control are properly operated and maintained; PENALTY: $3,927; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(14) COMPANY: Union Water Supply Corporation; DOCKET NUMBER: 2007-0031-MWD-E; IDENTIFIER: RN102915501; LOCATION: Starr County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0014313001, Effluent Limitations and Monitoring Requirements Numbers 1, 2, 3, and 6, and the Code, §26.121(a), by failing to comply with permitted limits; PENALTY: $8,550; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(15) COMPANY: Wingate Gin Corporation dba Big Spring Gin; DOCKET NUMBER: 2007-0079-AIR-E; IDENTIFIER: RN101973618; LOCATION: Big Spring, Howard County, Texas; TYPE OF FACILITY: cotton ginning plant; RULE VIOLATED: 30 TAC §116.115(b)(2)(F) and (c) and §116.116(b)(1)(C), New Source Review Permit Number 29009, Special Condition 1 and General Condition 8, and THSC, §382.085(b), by failing to obtain a permit amendment prior to increasing particulate matter emissions; PENALTY: $2,100; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.
TRD-200700977
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: March 13, 2007
The Texas Commission on Environmental Quality (TCEQ) proposed an amendment to 30 TAC §80.108, concerning Contested Case Hearings, in the February 23, 2007, issue of the Texas Register (32 TexReg 711). Due to errors in the submitted preamble text, TCEQ makes the following corrections.
On page 711 the first paragraph immediately after the subheading, "BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE PROPOSED RULE" is stricken. This paragraph should read as follows.
"The proposed amendment will provide the commission with the express authority to direct the executive director to participate as a party in contested case hearings regarding certain permit applications. The amendment would add subsection (m) which provides an option for the commission to direct the executive director to participate as a party in the types of hearings listed in subsections (a) and (c). Subsection (a) provides that the executive director shall not participate as a party in contested case hearings regarding permit applications for seven types of applications. Subsection (c) applies to matters not included in subsections (a) or (b) and provides that the executive director shall consider certain criteria in determining whether to participate as a party. This change will afford the commission the opportunity to benefit from the executive director's specialized knowledge by his participation in selected contested case hearings. The types of applications in subsection (a) were included in the initial rulemaking because they were identified as less complex or not having unique conditions; however, experience has shown that technical and policy issues in these types of cases may warrant participation by the executive director as a party. It will also ensure that the administrative record is complete."
On page 711, the second paragraph after the subheading, "FISCAL NOTE: COSTS TO STATE AND LOCAL GOVERNMENT" contains errors. The first sentence of the paragraph should read as follows.
"The proposed rule would add subsection (m) which would provide an option for the commission to direct the executive director to participate as a party in the types of hearings listed in subsections (a) and (c)."
On page 712, first column, first paragraph, the following language was omitted, and should be inserted before the last sentence.
"In addition, experience has shown that this knowledge may be helpful and warranted in contested case hearings where one or more of the issues to be presented in the hearing are new, unique, or complex, including consideration of whether an issue relates to more than one medium, and whether it is likely that construction of prior agency policy or practice will be involved; it is likely that the decision on any of the issues to be presented in the hearing will have significant implications for other agency actions or policies; it is likely that changes to proposed permit conditions could adversely affect human health or the environment; or any issue to be considered is likely to affect federal program approval or authorization. Further, participation may be warranted when the commission determines there is a significant disparity in the experience and resources of the parties, and in cases in which the draft permit contains any provision that has been included by the executive director to address an applicant's compliance history."
On page 712, under the subheading, "PUBLIC BENEFITS AND COSTS," text is now deleted from the first paragraph. It should read as follows.
"Ms. Chamness also determined that for each year of the first five years the proposed rule is in effect, the public benefit anticipated from the changes seen in the proposed rule will be the benefit of having more complete information being presented to SOAH and the commission for decisions regarding contested cases."
TRD-200700961
The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075 this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is April 23, 2007. The commission will consider any written comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.
A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on April 23, 2007. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the DOs shall be submitted to the commission in writing.
(1) COMPANY: A&B, Inc. dba The Corner Stop 3; DOCKET NUMBER: 2006-0306-PST-E; TCEQ ID NUMBER: RN102438389; LOCATION: 1536 Pulliam Street, San Angelo, Tom Green County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.49(c)(2)(C), and Texas Water Code (TWC), §26.3475(d), by failing to inspect the impressed current cathodic protection system at least once every 60 days to ensure that the rectifier and other system components were operating properly; 30 TAC §334.50(b)(1)(A) and (d)(1)(B)(ii), and TWC, §26.3475(c)(1), by failing to monitor Underground Storage Tanks (USTs) for releases at a frequency of at least once per month (not to exceed 35 days between each monitoring) and by failing to conduct reconciliation of detailed inventory control records at least once each month, sufficiently accurate to detect a release as small as the sum of 1.0% of the total substance flow-through for the month plus 130 gallons; 30 TAC §334.8(c)(5)(B)(ii), by failing to timely renew a previously issued TCEQ delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date of the delivery certificate. PENALTY: $6,240; STAFF ATTORNEY: Robert Mosley, Litigation Division, MC 175, (512) 239-0627; REGIONAL OFFICE: San Angelo Regional Office, 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.
(2) COMPANY: Al-Tahir U.S.A., Inc. dba Main Street Shell; DOCKET NUMBER: 2005-0292-PST-E; TCEQ ID NUMBER: RN101821742; LOCATION: 2220 Main Street, Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to provide acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases from the operation of petroleum USTs; PENALTY: $3,210; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(3) COMPANY: Alther Tyson dba AFP Tires; DOCKET NUMBER: 2005-0464-MSW-E; TCEQ ID NUMBER: RN1042933857; LOCATION: 3475 College Street, Beaumont, Jefferson County, Texas; TYPE OF FACILITY: tire shop and scrap tire storage facility; RULES VIOLATED: 30 TAC §328.56(a)(1), and (d)(2), and §328.60(a), by failing to obtain a registration as a scrap tire generator and storage site while storing in excess of 500 used or scrap tires; and 30 TAC §328.56(d)(4), by failing to monitor vectors and utilize vector control measures at least once every two weeks for the storage of over 500 tires outside; PENALTY: $6,300; STAFF ATTORNEY: Shannon Strong, Litigation Division, MC 175, (512) 239-0972; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(4) COMPANY: Carol D. Shumaker dba Annex Cleaners 2; DOCKET NUMBER: 2006-1272-DCL-E; TCEQ ID NUMBER: RN102913936; LOCATION: 1620 Martin Luther King Jr. Boulevard, Dallas, Dallas County, Texas; TYPE OF FACILITY: retail commercial establishment/dry cleaning drop station; RULES VIOLATED: 30 TAC §337.10(a) and Texas Health and Safety Code (THSC), §374.102, by failing to complete and submit the required registration form to TCEQ for a dry cleaning and/or drop station facility; PENALTY: $1,185; STAFF ATTORNEY: Deanna Sigman, Litigation Division, MC 175, (512) 239-0619; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(5) COMPANY: Lee Landers dba Acorn Mobile Home Park; DOCKET NUMBER: 2006-0246-PWS-E; TCEQ ID NUMBER: RN101266922; LOCATION: 10100 Jacksboro Highway, Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: public water supply system; RULES VIOLATED: 30 TAC §290.109(f)(3), and §290.122(b)(2)(A), and THSC, §341.0315(c), by failing and exceeding the Maximum Contaminant Level for total coliform in June and July 2005, and by failing to provide public notice of those total coliform exceedances; 30 TAC §290.109(c)(3)(A)(ii), and §290.122(c)(2)(A), by failing to collect all required repeat samples within 24 hours of being notified of a total coliform-positive result on a routine sample from June 2005, and by failing to provide public notice of the failure to collect all required repeat samples within 24 hours of notification of the total coliform-positive result; 30 TAC §290.109(c)(2)(F), and §290.122(c)(2)(A), by failing to collect at least five routine bacteriological samples in August 2005 following total coliform-positive results the preceding month, and by failing to provide public notice of the failure to collect the five routine bacteriological samples; 30 TAC §290.109(c)(2)(A)(ii) and §290.122(c)(2)(A), and THSC, §341.033(d), by failing to conduct routine bacteriological monitoring of the public water supply in October and November 2005, and by failing to provide public notice of the failure to conduct the routine bacteriological monitoring; and 30 TAC §290.51(a)(3), and TWC, §5.702, by failing to pay all annual and late Public Health Services fees for TCEQ Financial Administration Account No. 9220146 for Fiscal Years 2000 through 2006; PENALTY: $1,950; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
TRD-200700981
Mary Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: March 13, 2007
The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is April 23, 2007. Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.
A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on April 23, 2007. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, §7.075 provides that comments on an AO shall be submitted to the commission in writing.
(1) COMPANY: City of Crowell; DOCKET NUMBER: 2006-1101-PWS-E; TCEQ ID NUMBER: RN101383636; LOCATION: 101 East California Street, Crowell, Foard County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.109(f)(3), and Texas Health and Safety Code (THSC), §341.0315(c), by exceeding the maximum contaminant level (MCL) for total coliform bacteria in October 2005; 30 TAC §290.109(f)(1)(A), and THSC, §341.0315(c); by exceeding the acute maximum contaminant level (AMCL) for fecal coliform and Escherichia coli bacteria in November 2005; and 30 TAC §290.109(f)(3), and THSC, §341.0315(c), by exceeding the MCL for total coliform bacteria in July 2006; PENALTY: $1,370; STAFF ATTORNEY: Dinniah Chahin, Litigation Division, MC 175, (512) 239-0617; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.
(2) COMPANY: City of Jacinto City; DOCKET NUMBER: 2005-1937-MWD-E; TCEQ ID NUMBERS: RN101919884; LOCATION: southeast of the Market Street Bridge over Hunting Bayou, Jacinto City, Harris County, Texas; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(1); Texas Pollutant Discharge Elimination System Permit No. 10195001, Effluent Limitations and Monitoring Requirements No. 1; and Texas Water Code (TWC), §26.121(a), by failing to maintain compliance with the permitted effluent limitations during February, March, April, and May, 2005; PENALTY: $6,823; STAFF ATTORNEY: Mark Curnutt, Litigation Division, MC 175, (512) 239-0624; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(3) COMPANY: Daegu Corp. dba Lebon Cleaners; DOCKET NUMBER: 2006-1554-DCL-E; TCEQ ID NUMBER: RN102162468; LOCATION: 3308 Preston Road, Suite 320, Plano, Collin County, Texas; TYPE OF FACILITY: dry cleaner drop station; RULES VIOLATED: 30 TAC §337.11(e), and THSC, §374.102, by failing to renew the Facility's registration by completing and submitting the required registration form to the TCEQ for a dry cleaning and/or drop station; PENALTY: $1,185; STAFF ATTORNEY: Deanna Sigman, Litigation Division, MC 175, (512) 239-0619; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(4) COMPANY: Danny Crump dba Southend Grocery; DOCKET NUMBER: 2005-0784-PST-E; TCEQ ID NUMBER: RN102026465; LOCATION: 1101 S. Jefferson Avenue, Mt. Pleasant, Titus County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance, for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum storage tanks; PENALTY: $1,200; STAFF ATTORNEY: Becky Combs, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(5) COMPANY: Diamond Shamrock Refining Company, L.P; DOCKET NUMBER: 2006-1774-AIR-E; TCEQ ID NUMBER: RN100210517; LOCATION: 6701 FM 119, Sunray, Moore County, Texas; TYPE OF FACILITY: petroleum refinery; RULES VIOLATED: 30 TAC §101.20(3), and §116.715(a); Flexible New Source Review (NSR) Permit No. 9708/PSD-TX-861M2, Special Condition No. 1; and THSC, §382.085(b), by failing to comply with permitted emissions limits for an emissions event that occurred on May 8, 2006 through May 10, 2006; 30 TAC §101.20(3) and §116.715(a); Flexible NSR Permit No. 9708/PSD-TX-861M2, Special Condition No. 1; and TSHC, §382.085(b), by failing to comply with permitted emissions limits for an emissions event that occurred on May 9, 2006; and 30 TAC §101.201(c) and TSHC, §382.085(b), by failing to submit a final report within two weeks after the end of an emissions event; PENALTY: $15,912; STAFF ATTORNEY: Robert Mosley, Litigation Division, MC 175, (512) 239-0627; REGIONAL OFFICE: Amarillo Regional Office, 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.
(6) COMPANY: Joe K. Hopper; DOCKET NUMBER: 2006-1065-LII-E; TCEQ ID NUMBER: RN104611603; LOCATION: 5512 8th Place, Lubbock, Lubbock County, Texas; TYPE OF FACILITY: landscape irrigation business, Ace Sprinkler Systems; RULES VIOLATED: 30 TAC §30.5(b) and §344.58(b), TWC, §37.003, and Texas Occupational Code (TOC), §1903.251, by failing to have a valid irrigator license but was representing himself to the public as a holder of a license or registration; PENALTY: $2,500; STAFF ATTORNEY: Deanna Sigman, Litigation Division, MC 175, (512) 239-0619; REGIONAL OFFICE: Lubbock Regional Office, 5012 50th Street, Suite 100, Lubbock, Texas 79414-3520, (806) 796-7092.
(7) COMPANY: Jorge Tangarife dba Diamond Xpress Cleaners; DOCKET NUMBER: 2006-1725-DCL-E; TCEQ ID NUMBER: RN104490131; LOCATION: 14607 Hillcroft Street, Suite C, Missouri City, Fort Bend County, Texas; TYPE OF FACILITY: dry cleaning facility; RULES VIOLATED: 30 TAC §337.10(a), and THSC, §374.102, by failing to complete and submit the required registration form to the TCEQ for the Facility; PENALTY: $270; STAFF ATTORNEY: Ben Thompson, Litigation Division, MC 175, (512) 239-1297; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(8) COMPANY: Lynn Turney; DOCKET NUMBER: 2006-0121-MLM-E; TCEQ ID NUMBER: RN104812334; LOCATION: 3102 West Highway 377, Grandbury, Hood County, Texas; TYPE OF FACILITY: waste disposal site; RULES VIOLATED: 30 TAC §330.5(a), and §335.2(a), by failing to prevent the disposal of municipal solid waste and industrial solid waste at the Site, and 30 TAC §111.201, and THSC, §382.085(b), by failing to prevent any outdoor burning; PENALTY: $3,000; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(9) COMPANY: Manir Bata dba Addison Circle Cleaners II; DOCKET NUMBER: 2006-1298-DCL-E; TCEQ ID NUMBER: RN105000541; LOCATION: 15655 Spectrum Drive, Addison, Dallas County, Texas; TYPE OF FACILITY: dry cleaning drop station; RULES VIOLATED: 30 TAC §337.10(a), and THSC, §374.102, by failing to complete and submit the required documentation form to TCEQ for a dry cleaning drop station; PENALTY: $1,185; STAFF ATTORNEY: Deanna Sigman, Litigation Division, MC 175, (512) 239-0619; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(10) COMPANY: Quick Shop #2, Inc. dba I 10 Fuelmart Etc; DOCKET NUMBER: 2005-1559-PST-E; TCEQ ID NUMBER: RN101875862; LOCATION: 800 Freeway Boulevard, Rose City, Orange County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.246(1), and THSC, §382.085(b), by failing to maintain a copy of the California Air Resources Board (CARB) Executive Order(s) for the Stage II vapor recovery system; 30 TAC §115.246(5), and THSC, §382.085(b), by failing to maintain Stage II vapor recovery annual and triennial tests; 30 TAC §115.246(6) and THSC, §382.085(b), by failing to maintain daily/monthly inspection logs; 30 TAC §115.248(1), and THSC, §382.085(b), by failing to ensure that one representative receives training and instruction in the operation and maintenance of the Stage II vapor recovery system; 30 TAC §334.50(b)(1)(A), and TWC, §26.3475(c)(1), by failing to ensure that all tanks are monitored for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for the Underground Storage Tank (UST) system; PENALTY: $12,000; STAFF ATTORNEY: Mark Curnutt, Litigation Division, MC 175, (512) 239-0624; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(11) COMPANY: Silwad, Inc. dba Circle M Food Store; DOCKET NUMBER: 2004-1405-PST-E; TCEQ ID NUMBER: RN102452463; LOCATION: 1025 South 18th Street, Waco, McLennan County, Texas; TYPE OF FACILITY: store with retail sales of gasoline; RULES VIOLATED: 30 TAC §§334.50(a)(1)(A), 334.50(b)(2) and 334.50(b)(2)(A)(i)(III) and TWC, §26.3475(a) and (c)(1), by failing to have a release detection method capable of detecting a release from any portion of the UST system which contains regulated substances including the tanks, piping and other ancillary equipment. Also, by failing to perform a piping tightness test for the pressurized line at least once per year for the UST system and by failing to test the line leak detectors at least once per year for performance and operational reliability; 30 TAC §334.49(a) and TWC, §26.3475(d), by failing to have corrosion protection on the UST system; 30 TAC §334.48(c), by failing to conduct inventory control on all USTs; 30 TAC §334.8(c)(5)(C), by failing to number all tanks according to the registration self-certification form; and 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking correction action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; PENALTY: $13,375; STAFF ATTORNEY: Becky Combs, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(12) COMPANY: Valero Refining-Texas, L.P.; DOCKET NUMBER: 2006-1067-AIR-E; TCEQ ID NUMBER: RN100238385; LOCATION: 1301 Loop 197 South, Texas City, Galveston County, Texas; TYPE OF FACILITY: petroleum refinery; RULES VIOLATED: 30 TAC §101.20(3) and §116.715(a); Flexible Permit No. 39142/PSD-TX822M2, Special Condition No. 1; and THSC, §382.085(b), by failing to comply with permitted emissions limits during an emissions event which occurred on February 15, 2006. Since this emission event could have been avoided by good operation practices, it failed to meet the demonstrations for an affirmative defense; 30 TAC §101.20(3) and §116.715(a); Flexible Permit No. 39142/PSD-TX-822M2, Special Condition No. 1; and THSC, §382.085(b), by failing to comply with permitted emissions limits during an emissions event which occurred on March 11, 2006. Since this emissions event could have been avoided by good operation practices, it failed to meet the demonstrations for an affirmative defense; 30 TAC §101.20(3) and §116.715(a); Flexible Permit No. 39142/PSD-TX-822M2, Special Condition No. 1; and THSC, §382.085(b), by failing to comply with permitted emissions limits during an emissions event which occurred on March 22, 2006. Since this emissions event could have been avoided by good operation practices, it failed to meet the demonstrations for an affirmative defense; 30 TAC §101.20(3), and §116.715(a); Flexible Permit No. 39142/PSD-TX-822M2, Special Condition No. 1; and THSC, §382.085(b), by failing to comply with permitted emissions limits during an emissions event which occurred on February 12, 2006. Since this emissions event could have been avoided by good operation practices, it failed to meet the demonstrations for an affirmative defense; 30 TAC §101.20(3) and §116.715(a); Flexible Permit No. 39142/PSD-TX-822M2, Special Condition No. 1; and THSC, §382.085(b), by failing to comply with permitted emissions limits during an emissions event which occurred on March 30, 2006. Since this emissions event could have been avoided by good operation practices, it failed to meet the demonstration for an affirmative defense; 30 TAC §101.20(3) and §116.715(a); Flexible Permit No. 39142/PSD-TX-822M2, Special Condition No. 1; and THSC, §382.085(b), by failing to comply with permitted emissions limits during an emissions event which occurred on May 19, 2006. Since this emissions event could have been avoided by good operation practices, it failed to meet the demonstrations for an affirmative defense; 30 TAC §101.201(3) and THSC, §382.085(b), by failing to submit a copy of the final record for a reportable emissions event which occurred on March 11, 2006 no later than two weeks after the end of the emissions event; 30 TAC §101.201(c) and THSC, §382.085(b), by failing to submit a copy of the final record for a reportable emissions event which occurred on February 12, 2006 no later than two weeks after the end of the emissions event; 30 TAC §101.201(b)(1)(H) and THSC, §382.085(b), by failing to provide the preconstruction authorization number on the final report for a reportable emissions event (Incident No. 76064) which occurred on May 19, 2006; 30 TAC §112.31 and §116.715(a); Flexible Permit No. 39142/PSD-TX-822M2, Special Condition No. 1; and THSC, §382.085(b), by failing to prevent unauthorized emissions that exceeded the fence line hydrogen sulfide (H2S) concentration limit during an emission event that started on October 4, 2004; 30 TAC §116.715(a); Flexible Permit No. 39142/PSD-TX-822M2, Special Condition No. 1; and THSC, §382.085(b), by failing to comply with permitted emissions limits during an emissions event which occurred on July 9, 2006. Since this emissions event was avoidable, it failed to meet the demonstrations for an affirmative defense; and 30 TAC §116.715(c); Flexible Permit No. 39142/PSD-TX-822M2, Special Condition No. 1; and THSC, §382.085(b), by failing to comply with permitted emissions limits during an emissions event which occurred on July 18, 2006. Since this emissions event was avoidable, it failed to meet the demonstrations for an affirmative defense; PENALTY: $119,149; STAFF ATTORNEY: Robert Mosley, Litigation Division, MC 175, (512) 239-0627; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(13) COMPANY: Westlake JV, Inc. dba Renissance Builders; DOCKET NUMBER: 2006-0511-WQ-E; TCEQ ID NUMBER: RN104921804; LOCATION: 4900, 4901, and 4924 Rockrimmon Court, Colleyville, Tarrant County, Texas; TYPE OF FACILITY: home construction sites; RULES VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations (CFR) §122.26(c), by failing to obtain authorization to discharge storm water associated with construction activities; PENALTY: $5,000; STAFF ATTORNEY: Mary Hammer, Litigation Division, MC 175, (512) 239-2496; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(14) COMPANY: Zulfiqar Noorani dba County Cleaners; DOCKET NUMBER: 2006-1201-DCL-E; TCEQ ID NUMBER: RN104989959; LOCATION: 9641A Cypresswood Drive, Houston, Harris County, Texas; TYPE OF FACILITY: dry cleaner drop station; RULES VIOLATED: 30 TAC §337.10(a), and THSC, §374.102, by failing to complete and submit the required registration form to the TCEQ for a dry cleaning drop station facility; PENALTY: $1,185; STAFF ATTORNEY: Mary Hammer, Litigation Division MC 175, (512) 239-2496; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
TRD-200700980
Mary Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: March 13, 2007
The Texas Commission on Environmental Quality (commission) staff is providing an opportunity for written public comment on the listed Shutdown/Default Orders (S/DOs). Texas Water Code (TWC), §26.3475, authorizes the commission to order the shutdown of any underground storage tank (UST) system found to be noncompliant with release detection, spill and overfill prevention, and/or, after December 22, 1998, cathodic protection regulations of the commission, until such time as the owner/operator brings the UST system into compliance with those regulations. The commission proposes a Shutdown Order after the owner or operator of a UST facility fails to perform required corrective actions within 30 days after receiving notice of the release detection, spill and overfill prevention, and/or, after December 22, 1998, cathodic protection violations documented at the facility. The commission proposes a Default Order when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations, the proposed penalty, and the proposed technical requirements necessary to bring the entity back into compliance and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. In accordance with TWC, §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is April 23, 2007. The commission will consider any written comments received; and the commission may withdraw or withhold approval of a S/DO if a comment discloses facts or considerations that indicate that consent to the proposed S/DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed S/DO is not required to be published if those changes are made in response to written comments.
Copies of each of the proposed S/DOs is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the S/DO shall be sent to the attorney designated for the S/DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. April 23, 2007. Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission attorneys are available to discuss the S/DOs and/or the comment procedure at the listed phone numbers; however, comments on the S/DOs shall be submitted to the commission in writing.
(1) COMPANY: SSMA Corporation, Inc. dba Stop N Drive 30; DOCKET NUMBER: 2004-1281-PST-E; TCEQ ID NUMBER: RN101818201; LOCATION: 716 Magnolia Avenue, Port Neches, Jefferson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.72(2), by failing to report to the Agency, within 24 hours, unusual operating conditions observed such as unexplained presence of water in the diesel tank; 30 TAC §334.74, by failing to investigate a suspected release; 30 TAC §334.50(b)(1)(A), and Texas Water Code (TWC), §26.3475(c)(1), by failing to provide proper release detection for underground storage tank (UST) systems; 30 TAC §334.50(b)(2), and TWC, §26.3475(a), by failing to provide proper release detection for the product piping associated with the diesel underground storage tank; 30 TAC §334.50(d)(1)(B)(ii), and TWC, §26.3475(c)(1), by failing to reconcile inventory control records at least once each month, sufficiently accurate to detect a release which equals or exceeds the sum of 1.0 percent of the total substance flowthrough for the month plus 130 gallons; 30 TAC §334.50(d)(1)(B)(iii)(I), and TWC, §26.3475(c)(1), by failing to conduct inventory volume measurements for regulated substance inputs, withdrawals, and amount still remaining in the tank each operating day; 30 TAC §334.8(c)(5)(A)(iii), by failing to ensure a valid delivery certificate was posted at the Station and was visible at all times; 30 TAC §115.244(3), and §115.246(7), and Texas Health and Safety Code (THSC), §382.085(b), by failing to maintain on site a record of the Stage II monthly inspection; 30 TAC §115.246(1), and THSC, §382.085(b), by failing to maintain a copy of the applicable California Air Resources Board (CARB) Executive Order; 30 TAC §115.246(4) and (7), and THSC, §382.085(b), by failing to maintain documentation of attendance and completion of Stage II training of Station employees; 30 TAC §115.246(6) and (7), and THSC, §382.085(b), by failing to maintain a record of the Stage II daily inspections; 30 TAC §115.245(2), and THSC, §382.085(b), by failing to conduct an annual Stage II test within the previous 12 months; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to conduct a triennial Stage II test within the previous 36 months; 30 TAC §115.242(3)(J), and THSC, §382.085(b), by failing to repair or replace damaged or inoperative Stage I dry break; 30 TAC §334.51(b)(2)(C), and TWC, §26.3475(c)(2), by failing to install overfill prevention equipment; 30 TAC §334.8(c)(4)(B), by failing to ensure that the UST registration and self-certification form was fully and accurately completed, and was submitted to the agency in a timely manner; 30 TAC §334.8(c)(5)(A)(i), and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current delivery certificate before delivery of a regulated substance into the USTs was accepted; and 30 TAC §37.815(a) and (b), by failing to provide a properly worded insurance policy for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases from the operation of petroleum USTs; PENALTY: $34,650; STAFF ATTORNEY: Kathleen Decker, Litigation Division, MC 175, (512) 239-6500; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
TRD-200700982
Mary Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: March 13, 2007
The Texas Commission on Environmental Quality (TCEQ or commission) has made available for public comment one draft Total Maximum Daily Load (TMDL) for bacteria in Guadalupe River Above Canyon Lake (Segment 1806) of the Guadalupe River Basin, located in Kerr, Kendall, and Comal Counties. The TCEQ will conduct a public meeting to receive comments on the draft TMDL. This announcement also constitutes notice that the TMDL will become part of the State Water Quality Management Plan upon approval by the United States Environmental Protection Agency (EPA).
Texas is required to develop TMDLs for impaired water bodies included in the state of Texas Clean Water Act, §303(d) list of impaired water bodies. A TMDL is a detailed water quality assessment that provides the scientific foundation to allocate pollutant loads in a certain body of water in order to restore and maintain designated uses.
The TCEQ will conduct a public meeting on the draft TMDL for bacteria in Guadalupe River (Segment 1806). The purpose of the public meeting is to provide the public an opportunity to comment on the draft TMDL. The commission requests comment on each of the six major components of the TMDL: problem definition, endpoint identification, source analysis, linkage between sources and receiving waters, margin of safety, and pollutant loading allocation. After the public comment period, TCEQ staff may revise the TMDL, if appropriate. The final TMDL will then be considered by the commission for adoption. Upon adoption of the TMDL by the commission, the final TMDL and a response to all comments will be made available on the TCEQ Web site referenced below. The TMDL will then be submitted to EPA Region 6 for approval. Upon approval, the TMDL will be certified as an update to the State of Texas Water Quality Management Plan.
The public comment meeting will be held on April 10, 2007, at 7:00 p.m., at the Upper Guadalupe River Authority; 125 Lehmann Drive, Suite 100; Kerrville, Texas 78028. At this meeting, individuals have the opportunity to present oral statements when called upon in order of registration. There will be no agenda or presentations given, open discussion will not occur during the meeting. However, an agency staff member will be available to discuss the matter 30 minutes prior to the meeting and will answer questions before and after all public comments have been received.
Written comments should be submitted to Kerry Niemann, TCEQ Water Programs Division, MC 203, P.O. Box 13087, Austin, TX 78711-3087 or faxed to (512) 239-1414. All comments must be received by 5:00 p.m., April 23, 2007, and should reference, One Total Maximum Daily Load for Bacteria in Guadalupe River, For Segment Number 1806. For further information regarding the draft TMDL, please contact Kerry Niemann, Water Programs Division, at (512) 239-0483 or kniemann@tceq.state.tx.us. Copies of the draft TMDL document will be available and can be obtained via the commission's Web site at: http://www.tceq.state.tx.us/implementation/water/tmdl/tmdlcalendar.html or by calling (512) 239-6682.
Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact the commission at (512) 239-6682. Requests should be made as far in advance as possible.
TRD-200700976
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: March 13, 2007
The Texas Commission on Environmental Quality (TCEQ or commission) has made available for public comment three draft Total Maximum Daily Loads (TMDLs) for bacteria in Salado Creek (Segment 1910), Walzem Creek (Segment 1910A), and Upper San Antonio River (Segment 1911) of the San Antonio River Basin, located in Bexar, Wilson, and Karnes Counties. The TCEQ will conduct a public meeting to receive comments on the draft TMDLs. This announcement also constitutes notice that the TMDLs will become part of the State Water Quality Management Plan upon approval by the United States Environmental Protection Agency (EPA).
Texas is required to develop TMDLs for impaired water bodies included in the state of Texas Clean Water Act, §303(d) list of impaired water bodies. A TMDL is a detailed water quality assessment that provides the scientific foundation to allocate pollutant loads in a certain body of water in order to restore and maintain designated uses.
The TCEQ will conduct a public meeting on the draft TMDLs for bacteria in Salado Creek (Segment 1910), Walzem Creek (Segment 1910A), and Upper San Antonio River (Segment 1911). The purpose of the public meeting is to provide the public an opportunity to comment on the draft TMDLs. The commission requests comment on each of the six major components of the TMDL: problem definition, endpoint identification, source analysis, linkage between sources and receiving waters, margin of safety, and pollutant loading allocation. After the public comment period, TCEQ staff may revise the TMDLs, if appropriate. The final TMDLs will then be considered by the commission for adoption. Upon adoption of the TMDLs by the commission, the final TMDLs and a response to all comments will be made available on the TCEQ Web site referenced below. The TMDLs will then be submitted to EPA Region 6 for approval. Upon approval, the TMDLs will be certified as updates to the State of Texas Water Quality Management Plan.
The public comment meeting will be held on April 3, 2007, at 7:00 p.m., at the San Antonio River Authority, 100 E. Guenther Street, San Antonio, Texas 78204. At this meeting individuals have the opportunity to present oral statements when called upon in order of registration. There will be no agenda or presentations given, open discussion will not occur during the meeting. However, an agency staff member will be available to discuss the matter 30 minutes prior to the meeting and will answer questions before and after all public comments have been received.
Written comments should be submitted to Kerry Niemann, TCEQ Water Programs Division, MC 203, P.O. Box 13087, Austin, TX 78711-3087 or faxed to (512) 239-1414. All comments must be received by 5:00 p.m., April 23, 2007, and should reference, Three Total Maximum Daily Loads for Bacteria in the San Antonio Area, For Segment Numbers 1910, 1910A, and 1911. For further information regarding the draft TMDLs, please contact Kerry Niemann, Water Programs Division, at (512) 239-0483 or kniemann@tceq.state.tx.us. Copies of the draft TMDL document will be available and can be obtained via the commission's Web site at: http://www.tceq.state.tx.us/implementation/water/tmdl/tmdlcalendar.html or by calling (512) 239-6682.
Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact the commission at (512) 239-6682. Requests should be made as far in advance as possible.
TRD-200700975
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: March 13, 2007
The following notices were issued during the period of August 1, 2007 through August 8, 2007.
The following require the applicants to publish notice in a newspaper. Public comments, requests for public meetings, or requests for a contested case hearing may be submitted to the Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THE NOTICE.
AES DEEPWATER, INC. which operates a steam electric generating facility, has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0004795000, to authorize the discharge of low volume waste sources, previously monitored effluents (PMEs), and storm water at a daily average flow not to exceed 1,000,000 gallons per day via Outfall 001, and cooling tower blowdown at a daily average flow not to exceed 432,000 gallon per day via Internal Outfall 101. The facility is located at 701 Light Company Road in Pasadena, Harris County, Texas.
AQUA DEVELOPMENT, INC. has applied for a renewal of TPDES Permit No. 14357-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 300,000 gallons per day. The facility is located approximately 2.25 miles west of the Lake Conroe spillway and 1,000 feet south of State Highway 105 in Montgomery County, Texas.
AQUA UTILITIES, INC. has applied for a renewal of TPDES Permit No. WQ0011193001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 800,000 gallons per day. The facility is located approximately 2,000 feet southeast of the intersection of Fisher and Brittmore Roads in Harris County, Texas.
AVALON WATER SUPPLY AND SEWER SERVICE CORPORATION has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. WQ0013981001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 25,000 gallons per day. The facility is located approximately 1,100 feet west of State Highway 55 and approximately 1,900 feet south of the intersection of State Highway 34 and State Highway 55 in the community of Avalon in Ellis County, Texas.
CITY OF COLMESNEIL has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. WQ0011295001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 150,000 gallons per day. The facility is located approximately 0.8 mile northwest of the intersection of U.S. Highway 69 and Farm-to-Market Road 256 in the northwest part of the City of Colmesneil in Tyler County, Texas.
CONROE INDEPENDENT SCHOOL DISTRICT has applied for a renewal of TPDES Permit No. 12205-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 15,000 gallons per day. The facility is located 2,000 feet northwest of the intersection of Farm-to-Market Road 1314 and Bennette Estates Road in Montgomery County, Texas.
FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 5 has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014757001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 500,000 gallons per day. The facility will be located approximately 400 feet west of the intersection of State Highway 36 and Ustinik Road in Fort Bend County, Texas.
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 70 has applied for a renewal of TPDES Permit No. WQ0011486001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,500,000 gallons per day. The facility is located on the north bank of Langham Creek, 1,800 feet west and 500 feet north of the intersection of Farm-to-Market Road 529 and Barker-Cypress Road in Harris County, Texas.
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 208 has applied for a renewal of TPDES Permit No. 11947-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 6,700,000 gallons per day. The facility is located at 7926 State Highway 6, approximately .75 mile northeast of the intersection of State Highway 6 and Farm-to-Market Road 529 (Spencer Road) in Harris County, Texas.
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 216 has applied for a renewal of TPDES Permit No. 12682-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 400,000 gallons per day. The facility is located adjacent to and south of the feeder road for Interstate Highway 10, approximately 0.6 mile east of Barker Cypress Road and approximately 2.0 miles west of State Highway 6 in Harris County, Texas.
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 287 has applied for a renewal of TPDES Permit No. 14362-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 900,000 gallons per day. The facility is located on the West side of Elrod Road, 2,500 feet north of the intersection of Elrod Road and Morton Road in Harris County, Texas.
CITY OF HOUSTON has applied for a renewal of TPDES Permit No. 10495-030, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 26,400,000 gallons per day. The facility is located adjacent to the confluence of Rummel Creek and Buffalo Bayou at 12901 Hermitage Street in the City of Houston in Harris County, Texas.
LIBERTY HILL INDEPENDENT SCHOOL DISTRICT has applied for a renewal of Permit No. WQ0013278001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 8,000 gallons per day via subsurface drip irrigation of non-public access evapotranspiration/absorption beds with a minimum area of 27,000 square feet. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located adjacent to and south of the intersection of State Highway 29 and State Highway Loop 332 in Williamson County, Texas. p> CITY OF MADISONVILLE has applied for a renewal of TPDES Permit No. 10215-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 940,000 gallons per day. The facility is located 550 feet east of South Martin Luther King Street and 750 feet south of the intersection of South Martin Luther King Street and 4th Street in Madison County, Texas.
CITY OF MINEOLA has applied for a renewal of TPDES Permit No. 10349-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,000,000 gallons per day. The facility is located approximately two miles southeast of the intersection of U.S. Highway 69 and U.S. Highway 80 in Wood County, Texas.
MONTGOMERY COUNTY UTILITY DISTRICT NO. 3 has applied for a renewal of TPDES Permit No. WQ0011203001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 950,000 gallons per day. The facility is located south of State Highway 105, approximately 8.5 miles west of the intersection of State Highway 105 and Interstate Highway 45 in Montgomery County, Texas.
CITY OF NEW SUMMERFIELD has applied for a renewal of TPDES Permit No. WQ0013585001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 60,000 gallons per day. The facility is located on the west side of Haws Road, 1 mile north of U.S. Highway 79 near New Summerfield in Cherokee County, Texas.
CITY OF NEW WAVERLY has applied for a renewal of TPDES Permit No. 11020-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 88,000 gallons per day. The facility is located on the west bank of the Chicken Creek, approximately 1,600 feet south of the intersection of the Chicken Creek to State Highway 150 in Walker County, Texas.
CITY OF NEW WAVERLY has applied for a renewal of TPDES Permit No. 11020-002 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 100,000 gallons per day. The facility is located approximately 0.6 mile west of the junction of Farm-to-Market Road 1375 and U.S. Highway 75 in Walker County, Texas.
QUALITY PRODUCT FINISHING, INC. which operates a prepaint cleaning and coating job shop, has applied for a renewal of TPDES Permit No. WQ0004627000, which authorizes the discharge of treated process wastewater at a daily average flow not to exceed 25,000 gallons per day via Outfall 001. The facility is located at 9610 Fairbanks North Houston Road, approximately 17 miles northwest of the City of Houston, Harris County, Texas.
SAN ISIDRO INDEPENDENT SCHOOL DISTRICT has applied for a new permit, Proposed Permit No. WQ0014701001, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 9,500 gallons per day via evaporation. The draft permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 8,000 gallons per day via evaporation. This facility was previously permitted under TCEQ Permit No. 12228-001 which expired June 1, 2005. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located immediately north of Farm-to-Market Road 1017, approximately one mile west of the intersection of Farm-to-Market Road 1017 and Farm-to-Market Road 2294 in Starr County, Texas.
CITY OF SANGER has applied for a new permit, proposed TPDES Permit No. WQ0014372003, to authorize the discharge of treated domestic wastewater at an annual average flow not to exceed 2,000,000 gallons per day. The facility will be located approximately 8,500 feet south of the intersection of East Willow Street and Railroad Avenue, and south of the intersection of Railroad Avenue and Rector Road in Denton County, Texas.
CITY OF SPRINGTOWN has applied for a renewal of TPDES Permit No. 10649-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 480,000 gallons per day. The facility is located east of the City of Springtown approximately 4,600 feet east of the intersection of Spring Branch Trail and 3rd Street in Parker County, Texas.
TRINITY BAY CONSERVATION DISTRICT has applied for a renewal of TPDES Permit No. 14105-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 100,000 gallons per day. The facility is located adjacent to the intersection of Spring Branch and White's Bayou, approximately 5,200 feet northwest of the intersection of Interstate Highway 10 and State Highway 61 in Chambers County, Texas.
WEST HARDIN COUNTY CONSOLIDATED INDEPENDENT SCHOOL DISTRICT has applied for a renewal of TPDES Permit No. WQ0011274001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 8,000 gallons per day. The facility is located immediately south of the intersection of State Highway 105 and Farm-to-Market Road 770 and approximately 1,000 feet east of Pine Island Bayou in Hardin County, Texas.
CITY OF WICHITA FALLS has applied for a renewal of TPDES Permit No. WQ0010509001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 19,910,000 gallons per day. The facility is located immediately south of River Road and approximately 1,000 feet northeast of the intersection of River Road and Rosewood Street in the City of Wichita Falls in Wichita County, Texas.
Xiu Hui Li McCulloch has applied for a renewal of TPDES Permit No. 13084-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 25,000 gallons per day. The facility is located approximately 1600 feet northwest of the intersection of Aldine-Westfield Road and Hartwick Road and approximately 2300 feet south of Halls Bayou in Harris County, Texas.
INFORMATION SECTION
To view the complete issued notices, view the notices on our web site at www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call the Office of the Chief Clerk at 512-239-3300 to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results.
If you need more information about these permit applications or the permitting process, please call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TCEQ can be found at our web site at www.TCEQ.state.tx.us. Si desea información en Español, puede llamar al 1-800-687-4040.
TRD-200701012
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: March 14, 2007
The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on February 12, 2007, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Al Jabour dba Rivers Country Villas and RV Park; SOAH Docket No. 582-06-2366; TCEQ Docket No. 2005-1177-PWS-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Al Jabour dba Rivers Country Villas and RV Park on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Paul Munguía, Office of the Chief Clerk, (512) 239-3300.
TRD-200701013
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: March 14, 2007
Title IV-B Child and Family Services Plan
The Texas Department of Family and Protective Services (DFPS), as the designated agency to administer Title IV-B programs in the state of Texas, is developing the annual update of the Title IV-B Child and Family Services Plan (CFSP) for Texas. Under guidelines issued by the U.S. Department of Health and Human Services, Administration for Children and Families, DFPS is required to review the progress made in the previous year toward accomplishing the goals and objectives identified in the state's five-year CFSP for the period from October 1, 2004, through September 30, 2009.
The CFSP Annual Progress and Services Report (APSR) is required for the state to receive its federal allocation for Fiscal Year 2008 authorized under Title IV-B of the Social Security Act, Subparts 1 and 2, and the Child Abuse Prevention and Treatment Act (CAPTA). The APSR also gives states an opportunity to apply for Fiscal Year 2007 funds for the Chafee Foster Care Independence Program. The annual report referenced above must be submitted by June 29, 2007.
The purpose of this notice is to solicit input in the development of the APSR. This input will enable the agency to consider and include any changes in our state plan in order to best meet the needs of the children and families the agency serves. Members of the public can obtain more detailed information regarding the CFSP from the DFPS web site at: http://www.dfps.state.tx.us. The web site includes a copy of last year's APSR and a copy of the 2004-2009 CFSP.
Written comments regarding the annual update or the five-year plan may be faxed or mailed to: Texas Department of Family and Protective Services, Attention: Henry Darrington; P.O. Box 149030, MC W-157; Austin, Texas 78714- 9030; telephone (512) 438-3412; fax (512) 438-3782. The comments must be received no later than May 1, 2007.
TRD-200700963
Gerry Williams
General Counsel
Department of Family and Protective Services
Filed: March 13, 2007
Licensing Actions for Radioactive Materials
TRD-200701007
Cathy Campbell
General Counsel
Department of State Health Services
Filed: March 14, 2007
Notice is hereby given that the Department of State Health Services issued Agreed Orders to the following registrants:
AITEC USA, Inc. (License #L05718) of Houston. A total penalty of $7,000 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.
JV Industrial Company, LTD. (License #L05785) of La Porte. A total penalty of $3,000 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.
J. Hawkins Chiropractic, P.A. (Registration #R20673) of Allen. A total penalty of $3,000 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.
A copy of all relevant material is available, by appointment, for public inspection at the Department of State Health Services, Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688, press "1" then press "0", Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200701005
Cathy Campbell
General Counsel
Department of State Health Services
Filed: March 14, 2007
Notice is hereby given that the Department of State Health Services ordered Community Medical Clinic, PA (registrant-R14776-001) of El Paso to cease and desist from using the Fischer x-ray unit, Model Number unmarked, Serial Number unmarked, located in X-Ray at 2900 Pershing, Suite A, El Paso, until the x-ray unit has the minimum required amount of filtration. The Fischer unit needs to have a mechanical filtration control located on the collimator which prevents an exposure when the filter is removed from the beam.
A copy of all relevant material is available, by appointment, for public inspection at the Department of State Health Services, Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200701006
Cathy Campbell
General Counsel
Department of State Health Services
Filed: March 14, 2007
Notice of Public Hearing on Proposed Medicaid Payment Rates
Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on April 9, 2007, at 1:00 p.m. to receive public comment on the proposed Medicaid payment rates for the following specific procedure codes for powered mobility devices and wheelchair cushions. 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 are as follows:
Figure: Proposed Medicaid Payment Rates
Methodology and justification. The proposed payment rates are calculated in accordance with 1 TAC §355.8021(c), which addresses the reimbursement methodology for DME provided by enrolled home health agencies and DME providers/suppliers; 1 TAC §355.8441(3), which addresses the reimbursement methodology for DME under the Texas Health Steps program; and the specific fee guidelines published in Section 2.2.1 of the 2007 Texas Medicaid Provider Procedures Manual.
Briefing Package. A briefing package describing the proposed payment rates will be available on or after March 26, 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-200701011
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: March 14, 2007
Application for admission to the State of Texas by ELDER HEALTH INSURANCE COMPANY, INC., a foreign life, accident and/or health company. The home office is in Wilmington, Delaware.
Application for admission to the State of Texas by MERIDIAN SECURITY INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Indianapolis, Indiana.
Application for admission to the State of Texas by MERIDIAN CITIZENS MUTUAL INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Indianapolis, Indiana.
Application for admission to the State of Texas by SEMINOLE CASUALTY INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Tamarac, Florida.
Application for admission to the State of Texas by SOUTHWEST MARINE AND GENERAL INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Phoenix, Arizona.
Application for admission to the State of Texas by STATE AUTO PROPERTY AND CASUALTY INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in West Des Moines, Iowa.
Application for admission to the State of Texas by SHA, L.L.C., under the assumed name of FIRSTCARE HEALTH PLANS, a domestic health maintenance organization (HMO). The home office is in Austin, Texas.
Any objections must be filed with the Texas Department of Insurance, within twenty (20) calendar days from the date of the Texas Register publication, addressed to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.
TRD-200701015
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: March 14, 2007
The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration.
Application of PARTNERS ALLIANCE CORPORATION (using the assumed name PARTNERS ALLIANCE INSURANCE SERVICES), a foreign third party administrator. The home office is RAMONA, CALIFORNIA.
Application to change the name of INGENIUM BENEFITS, INC. to OMAHA INFORMATION SERVICES COMPANY, a foreign third party administrator. The home office is OMAHA, NEBRASKA.
Application to change the name of MEDICAL EYE SERVICES, INC. to MEDICAL EYE SERVICES, INC. (using the assumed name MESVISION), a foreign third party administrator. The home office is SAN FRANCISCO, CALIFORNIA.
Application to change the name of SYNERTECH HEALTH SYSTEM SOLUTIONS, LLC to DST HEALTH SOLUTIONS SERVICES, LLC, a foreign third party administrator. The home office is WILMINGTON, DELAWARE.
Application to change the name of ACORDIA NATIONAL, INC. to WELLS FARGO THIRD PARTY ADMINISTRATORS, INC., a foreign third party administrator. The home office is CHARLESTON, WEST VIRGINIA.
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-200701016
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: March 14, 2007
Instant Game Number 788 "Texas Major League Baseball Series"
1.0 Name and Style of Game.
A. The name of Instant Game No. 788 is "TEXAS MAJOR LEAGUE BASEBALL SERIES". The play style is "key number match with auto win".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 788 shall be $5.00 per ticket.
1.2 Definitions in Instant Game No. 788.
A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.
C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, BASEBALL SYMBOL, HOMERUN SYMBOL, $5.00, $10.00, $15.00, $20.00, $50.00, $100, $1,000, $50,000, MLB SYMBOL.
D. Play Symbol Caption- The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: 16 TAC GAME NO. 788 - 1.2D
E. Retailer Validation Code - Three (3) letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. These three (3) small letters are for validation purposes and cannot be used to play the game. The possible validation codes are:
Figure 2: 16 TAC GAME NO. 788 - 1.2E
Low-tier winning tickets use the required codes listed in Figure 2. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.
F. Serial Number - A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There is a boxed four (4) digit Security Number placed randomly within the Serial Number. The remaining nine (9) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000.
G. Low-Tier Prize - A prize of $5.00, $10.00, $15.00 or $20.00.
H. Mid-Tier Prize - A prize of $50.00, $100 or PRIZE PACK.
I. High-Tier Prize - A prize of $1,000 $5,000 or $50,000.
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 (788), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 075 within each pack. The format will be: 788-0000001-001.
L. Pack - A pack of "TEXAS MAJOR LEAGUE BASEBALL SERIES" Instant Game tickets contains 75 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 001 and back of 075 while the other fold will show the back of ticket 001 and front of 075.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "TEXAS MAJOR LEAGUE BASEBALL SERIES" Instant Game No. 788 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 "TEXAS MAJOR LEAGUE BASEBALL SERIES" Instant Game is determined once the latex on the ticket is scratched off to expose 45 (forty-five) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to any of the WINNING NUMBERS play symbols, the player wins prize shown for that number. If a player reveals a "BASEBALL" play symbol, the player wins the prize shown instantly. If a player reveals a "HOMERUN" play symbol, the player wins all twenty prizes instantly. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements must be met:
1. Exactly 45 (forty-five) 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 45 (forty-five) 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 45 (forty-five) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 45 (forty-five) 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 four or more like non-winning prize symbols on a ticket.
C. No duplicate WINNING NUMBERS play symbols on a ticket.
D. No duplicate non-winning YOUR NUMBERS play symbols on a ticket.
E. The HR (win all) play symbol will only appear on intended winning tickets as dictated by the prize structure.
F. Non-winning prize symbols will never be the same as the winning prize symbol(s).
G. No prize amount in a non-winning spot will correspond with the YOUR NUMBERS play symbol (i.e. 5 and $5).
H. The MLB Prize Pack, $1,000 and $50,000 prize symbols will appear at least once on every ticket unless otherwise restricted by the prize structure.
2.3 Procedure for Claiming Prizes.
A. To claim a "TEXAS MAJOR LEAGUE BASEBALL SERIES" Instant Game prize of $5.00, $10.00, $15.00, $20.00, $50.00, $100 or PRIZE PACK 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 PRIZE PACK 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 "TEXAS MAJOR LEAGUE BASEBALL SERIES" Instant Game prize of $1,000, $5,000 or $50,000, 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 "TEXAS MAJOR LEAGUE BASEBALL SERIES" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected by the Attorney General;
3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented for payment; or
D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "TEXAS MAJOR LEAGUE BASEBALL SERIES" 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 "TEXAS MAJOR LEAGUE BASEBALL SERIES" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 6,000,000 tickets in the Instant Game No. 788. The approximate number and value of prizes in the game are as follows:
Figure 3: 16 TAC GAME NO. 788- 4.0
A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 788 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. 788, 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-200701010
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: March 14, 2007
Notice of Proposed Real Estate Transaction and Opportunity for Comment
Transmission Line Easement - Nueces County
In addition to the items listed in the March 2, 2007, Texas Register (32 TexReg 1154), in a meeting on April 5, 2007, the Texas Parks and Wildlife Commission (the Commission) will consider a request from American Electric Power (AEP) for a modified easement to move a transmission line at Mustang Island State Park. The meeting will start at 9:00 a.m. at 4200 Smith School Road, Austin, Texas. Before taking action, the Commission will take public comment regarding the proposed transaction. Prior to the date of the meeting, public comment may be submitted to Ted Hollingsworth, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744 or by email at ted.hollingsworth@tpwd.state.tx.us or in person at time of meeting.
TRD-200700993
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Filed: March 13, 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 March 6, 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 En-Touch Systems for an Amendment to its State- Issued Certificate of Franchise Authority, Project Number 33955 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 33955.
TRD-200700914
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 7, 2007
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on March 9, 2007, for retail electric provider (REP) certification, pursuant to §§39.101 - 39.109 of the Public Utility Regulatory Act (PURA).
Docket Title and Number: Application of Kinetic Energy LLC for Retail Electric Provider (REP) Certification, Docket Number 33968 before the Public Utility Commission of Texas.
Applicant's requested service area by geography includes the geographic area of the Electric Reliability Council of Texas.
Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than March 30, 2007. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket No. 33968.
TRD-200700999
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 13, 2007
On March 6, 2007, ETS Telephone Company, Inc. filed an application with the Public Utility Commission of Texas (commission) to amend its certificate of operating authority (COA) granted in COA Certificate Number 50001. Applicant intends to reflect a change in its service area and a name change.
The Application: Application of ETS Telephone Company, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 33956.
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 28, 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 33956.
TRD-200700924
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 9, 2007
On March 6, 2007, InfoHighway 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 60293. Applicant intends to reflect a change in ownership/control.
The Application: Application of InfoHighway for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 33954.
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 28, 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 33954.
TRD-200700923
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 9, 2007
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on March 5, 2007, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.
Docket Title and Number: Application of Transtelco, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 33953 before the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service, T1-Private Line, Switch 56 KBPS, Fractional T1, and long distance services.
Applicant's requested SPCOA geographic area includes the geographic area of Texas served by AT&T Texas, Verizon, and Embarq.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than March 28, 2007. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 33953.
TRD-200700921
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 8, 2007
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on March 6, 2007, for an amendment to certificated service area boundaries within Gray County, Texas.
Docket Style and Number: Application of Southwestern Public Service Company, an Xcel Energy Company, to Amend a Certificate of Convenience and Necessity for Electric Service Area Exception within Gray County. Docket Number 33945.
The Application: Southwestern Public Service Company seeks to provide service to a specific customer located within the certificated service area of Greenbelt Electric Cooperative, Inc. (GEC). GEC is in full agreement with the service area exception. The amount of money expected to be expended on new facilities if the application is granted is approximately $9,871.
Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas no later than March 30, 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 33945.
TRD-200700920
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 8, 2007
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on March 7, 2007, for an amendment to certificated service area boundaries within Kendall County, Texas.
Docket Style and Number: Joint Application of Central Texas Electric Cooperative, Inc. and Bandera Electric Cooperative, Inc. to Amend a Certificate of Convenience and Necessity for Service Area Boundaries within Kendall County. Docket Number 33957.
The Application: Central Texas Electric Cooperative, Inc. and Bandera Electric Cooperative, Inc. (Applicants) seek to realign their existing service area boundaries to accommodate a new planned subdivision. The developer of the new subdivision has requested realignment of the existing service area boundaries along the proposed lot lines and streets to avoid confusion with service providers.
Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas no later than March 30, 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 33957.
TRD-200700931
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 9, 2007
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on March 9, 2007, for an amendment to certificated service area boundaries within Wheeler County, Texas.
Docket Style and Number: Application of Greenbelt Electric Coop., Inc. for a Certificate of Convenience and Necessity for an Electric Service Area Exception within Wheeler County. Docket Number 33969.
The Application: Greenbelt Electric Cooperative, Inc. (GBEC) filed an application for a service area exception to amend certificated service area boundaries within Wheeler County, Texas. GBEC seeks to provide electric service to a specific customer for a compressor station located within the certificated service area of Southwestern Public Service Company (SPS). SPS 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 $1,500.
Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas no later than March 30, 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 33969.
TRD-200700997
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 13, 2007
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on March 9, 2007, for an amendment to certificated service area boundaries within Wheeler County, Texas.
Docket Style and Number: Application of Greenbelt Electric Coop., Inc. for a Certificate of Convenience and Necessity for an Electric Service Area Exception within Wheeler County. Docket Number 33970.
The Application: Greenbelt Electric Cooperative, Inc. (GBEC) filed an application for a service area exception to amend certificated service area boundaries within Wheeler County, Texas. GBEC seeks to provide service to a specific customer for a water well located within the certificated service area of Southwestern Public Service Company (SPS). SPS 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 $1,500.
Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas no later than March 30, 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 33970.
TRD-200700998
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 13, 2007
Notice is given to the public of the filing on March 12, 2007, with the Public Utility Commission of Texas (commission), a notice of intent to file a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.214. The Applicant will file the LRIC study on March 22, 2007.
Docket Title and Number: Application of Windstream Communications Kerrville, LP for Approval of LRIC Study for Second Access Line Bundle Pursuant to P.U.C. Substantive Rule §26.214, Docket Number 33984.
Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 33984. Written comments or recommendations should be filed no later than forty-five (45) days after the date of a sufficient study and should be filed at the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free 1-800-735-2989. All comments should reference Docket Number 33984.
TRD-200701000
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 13, 2007
Notice is given to the public of the filing on March 12, 2007, with the Public Utility Commission of Texas (commission), a notice of intent to file a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.214. The Applicant will file the LRIC study on March 22, 2007.
Docket Title and Number: Application of Texas Windstream, Inc. for Approval of LRIC Study for Second Access Line Bundle Pursuant to P.U.C. Substantive Rule §26.214, Docket Number 33981.
Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 33981. Written comments or recommendations should be filed no later than forty-five (45) days after the date of a sufficient study and should be filed at the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free 1-800-735-2989. All comments should reference Docket Number 33981.
TRD-200701001
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 13, 2007
Notice is given to the public of the filing on March 12, 2007, with the Public Utility Commission of Texas (commission), a notice of intent to file a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.214. The Applicant will file the LRIC study on March 22, 2007.
Docket Title and Number: Application of Windstream Sugar Land, Inc. for Approval of LRIC Study for Second Access Line Bundle Pursuant to P.U.C. Substantive Rule §26.214, Docket Number 33982.
Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 33982. Written comments or recommendations should be filed no later than forty-five (45) days after the date of a sufficient study and should be filed at the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free 1-800-735-2989. All comments should reference Docket Number 33982.
TRD-200701002
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 13, 2007
Notice is given to the public of the filing on March 12, 2007, with the Public Utility Commission of Texas (commission), a notice of intent to file a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.214. The Applicant will file the LRIC study on March 22, 2007.
Docket Title and Number: Application of Windstream Communications Southwest, Inc. for Approval of LRIC Study for Second Access Line Bundle Pursuant to P.U.C. Substantive Rule §26.214, Docket Number 33983.
Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 33983. Written comments or recommendations should be filed no later than forty-five (45) days after the date of a sufficient study and should be filed at the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free 1-800-735-2989. All comments should reference Docket Number 33983.
TRD-200701003
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 13, 2007
Notice is given to the public of a petition for declaratory order with the Public Utility Commission of Texas on March 7, 2007.
Docket Style and Number: Joint Petition of Electric Utilities for Declaratory Order, Docket Number 33959.
The Application: AEP Texas Central Company, AEP Texas North Company, CenterPoint Energy Houston Electric, LLC and Southwestern Electric Power Company (collectively Petitioners or Electric Utilities) filed a joint petition for declaratory order regarding the standards that are applicable to the construction of street lighting facilities in the rights-of-way controlled by the Texas Department of Transportation.
Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the Commission's Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing-and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All correspondence should refer to Docket Number 33959.
TRD-200700996
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 13, 2007
Notice of Applications for Designation as a "Texas Star Builder"
The Texas Residential Construction Commission (commission) adopted rules regarding the procedures for designation as a "Texas Star Builder" at 10 TAC §303.300. The rules were adopted pursuant to §416.011, Property Code (Act effective September 1, 2003), which provides that the commission shall establish rules and procedures through which a builder can be designated as a "Texas Star Builder." The commission's rules for application for designation can be found on the commission's website at www.trcc.state.tx.us.
10 TAC §303.300(i)(2) requires the commission to publish in the Texas Register notice of the application of each person seeking to become designated as a "Texas Star Builder" registered under this subchapter. The commission will accept public comment on each application for 21 days after the date of publication of the notice. Information provided in response to this notice will be utilized in evaluating the applicants for approval. The Texas Star Builder designation requires that a builder or remodeler demonstrate that its education, experience and commitment to professionalism sets the builder or remodeler apart from its peers and offers some assurance to its customers that its quality of service and construction will be above average.
Pursuant to 10 TAC §303.300(i)(2) the commission hereby notices the application for designation as a "Texas Star Builder" of:
Presentation Builders, dba Vanguard Design Build, 401 E. 53rd Street, Suite 101, Austin, Texas 78751; TRCC builder registration certificate #23820; and the registered agent is Andrew Mitchell.
Interested persons may send written comments regarding this application to Susan K. Durso, General Counsel, Texas Residential Construction Commission, P.O. Box 13144, Austin, Texas 78711-3144. Comments regarding this application will be accepted for 21 days following the date of publication of this notice in the Texas Register. Thereafter, the comments will not be considered as timely filed.
TRD-200700916
Susan K. Durso
General Counsel
Texas Residential Construction Commission
Filed: March 8, 2007
Notice of Application of Change of Control of a State Savings Bank
Notice is hereby given that, on March 2, 2007, an application was filed with the Department of Savings and Mortgage Lending Commissioner of Texas for a change of control of a state savings bank, Olympic Savings, ssb, ("Olympic"), Refugio, Refugio County, Texas, by Woodforest Financial Group, Inc., ("Woodforest"), a Texas corporation and financial holding company, The Woodlands, Montgomery County, Texas, to facilitate the conversion of Olympic to a federal savings bank to be known as Woodforest Bank, FSB.
This application is filed pursuant to 7 TAC §§75.121 - 75.127 of the Rules and Regulations Applicable to Texas Savings Banks. These Rules are on file with the Secretary of State, Texas Register Section, or may be seen at the Department's offices in the Finance Commission Building, 2601 North Lamar, Suite 201, Austin, Texas 78705.
TRD-200700935
Danny Payne
Commissioner
Texas Department of Savings and Mortgage Lending
Filed: March 9, 2007
Amended Order on Final Approval of Texas Rule of Judicial Administration 14
Misc. Docket No. 07-9036
It is hereby ORDERED that:
1. Pursuant to the Texas Constitution, article V, section 31(a), and Texas Government Code §74.024, the Texas Rules of Judicial Administration are amended by adding Rule 14, which addresses statewide certification to serve civil process, as follows.
2. As ordered in Misc. Docket No. 06-9141 (Oct. 19, 2006), Rule 14 was published for comment on the Court's website and in the December 2006 edition of the Texas Bar Journal. After considering the public comments received, the Court made revisions to Rule 14 as published for comment, which revisions were appended, in both a clean version and a redline version reflecting the changes, to the order in Misc. Docket No. 07-9032 (Feb. 27, 2007).
3. As published in Misc. Docket No. 07-9032, Rule 14.5(b)(3) contained an erroneous provision requiring that the notice to be sent to a process server who is the subject of a filed complaint state that no oral testimony will be received at the hearing on the complaint. As originally published for comment, Rule 14.5(d)(2) did not provide for oral testimony at the complaint hearing. Although this provision was subsequently revised in Misc. Docket No. 07-9032 to authorize such oral testimony, no corresponding revision was made to Rule 14.5(b)(3). Rule 14.5(b)(3) is now hereby amended to correspond with revised Rule 14.5(d)(2). This change, along with the changes previously published in Misc. Docket No. 07-9032, is reflected in two versions of Rule 14 appended to this order: a clean copy followed by a redline version that highlights all revisions made to the version originally published for comment.
4. This rule, as revised, takes effect April 2, 2007.
5. With respect to this order, in place of Misc. Docket No. 07-9032, the Clerk is directed to:
a. file a copy of this Order with the Secretary of State;
b. cause a copy of this Order to be mailed to each registered member of the State Bar of Texas by publication in the Texas Bar Journal;
c. send a copy of this Order to each elected member of the Legislature; and
d. submit a copy of this Order for publication in the Texas Register.
SIGNED AND ENTERED, this 5th day of March, 2007.
_____________________________________
Wallace B. Jefferson, Chief Justice
_____________________________________
Nathan L. Hecht, Justice
_____________________________________
J. Dale Wainwright, Justice
_____________________________________
Scott Brister, Justice
_____________________________________
David M. Medina, Justice
_____________________________________
Paul W. Green, Justice
_____________________________________
Phil Johnson, Justice
_____________________________________
Don R. Willett, Justice
Rule 14. Statewide Certification to Serve Civil Process
14.1 Purpose
Under Rules 103 and 536 of the Texas Rules of Civil Procedure, as amended effective July 1, 2005, civil process may be served by--in addition to sheriffs and constables and other persons authorized by law, and persons at least 18 years of age authorized by written order of court--"any person certified under order of the Supreme Court." To improve the standards of practice for private service of process, and to provide a list of persons eligible to serve process in trial courts statewide, the Court--simultaneous with amending Rules 103 and 536--also issued companion orders creating the Process Server Review Board and establishing the basic framework for certification and revocation thereof by the Board. This Rule is intended to build upon that framework by implementing specific procedures to guide the Board's actions in processing applications, investigating complaints regarding certified process servers, and determining disciplinary action under appropriate circumstances.
14.2 Definitions
(a) Board means the Process Server Review Board.
(b) Chair means the Chair of the Board, as appointed by the Supreme Court.
14.3 General Provisions
(a) Membership of Board. Members of the Board are appointed by the Supreme Court of Texas. Unless an appointment order specifies otherwise, members are appointed to a three-year term.
(b) General Procedure.
(1) A majority of members of the Board shall constitute a quorum.
(2) After a quorum has been established at a Board meeting, the Board may decide, upon a majority vote of those present, any matter properly before it.
(3) The Chair or his/her designee shall preside at Board meetings.
(4) The Board may, in its discretion, grant continuances with regard to hearings and other matters before the Board.
(5) The Office of Court Administration shall provide clerical assistance to the Board.
(c) Methods of Service.
(1) Service of any written notice or other document required to be served under this Rule may be accomplished:
(A) by delivering a copy to the person to be served, or their attorney, either in person or by agent or by courier receipted delivery or by registered or certified mail, to the person's last known address; or
(B) by fax, to the person's current fax number.
(2) Service by mail shall be complete upon deposit of the notice or other paper, enclosed in a postage-paid, properly addressed envelope, in a post office or official depository under the care and custody of the United States Post Office. Service by fax shall be complete upon confirmation of receipt. Service by fax after 5:00 p.m. local time of the recipient shall be deemed served on the following day.
(d) Counting Time.
In computing any period of time prescribed or allowed by this Rule, the day of the act, event, or default after which the designated period of time begins to run is not included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday. Saturdays, Sundays, and legal holidays shall otherwise be counted for purposes of calculating time periods under this Rule, unless the time period is for five days or less, in which case Saturdays, Sundays, and legal holidays shall not be counted for any purpose.
14.4 Certification
(a) Application.
(1) A person seeking statewide certification must file with the Clerk of the Supreme Court a sworn application in the form prescribed by the Supreme Court, available from the Clerk of the Court or on the Court's website.
(2) The application must contain a statement indicating whether the applicant has ever been convicted of a felony or of a misdemeanor involving moral turpitude. The application must include a criminal history record obtained within the preceding 90 days from the Texas Department of Public Safety in Austin, Texas. If an applicant's criminal history reflects legal proceedings for which a final disposition is not clearly shown, the applicant bears the burden of establishing that he or she has not been convicted of a felony or of a misdemeanor involving moral turpitude. The Board may deny certification to an applicant convicted of a felony or of a misdemeanor involving moral turpitude. If an applicant's criminal history reflects that the applicant was charged with a felony or a misdemeanor involving moral turpitude and the charges resulted in an outcome other than acquittal or conviction (such as pretrial diversion, probation, deferred adjudication, community supervision, or similar result), the Board may consider such history in determining whether the application should be granted.
(3) The application must include a certificate from the director of a civil process service course, approved for certification in every state court pursuant to Supreme Court order, stating that the applicant has completed the approved course within the prior year. The applicant bears the burden of establishing that he or she has completed within the prior year a course approved for certification in every state court pursuant to Supreme Court order.
(b) Review of Application; Rejection; Approval.
(1) Applications shall be reviewed and either approved by the Board or rejected for good cause stated. In appropriate circumstances, the Board may approve applications on a conditional or probationary basis.
(2) The Board may, upon request, allow an applicant with criminal history to appear before the Board and provide oral testimony, documentation, or other information pertinent to the applicant's criminal history. Testimony must be given under penalty of perjury. The Board may limit the number of witnesses appearing and the time allotted for a witness's testimony.
(3) The Board shall promptly notify each applicant in writing of its decision. For applicants rejected, and for applicants approved on a conditional or probationary basis, the Board shall specify the good cause for its decision.
(4) An applicant who is dissatisfied with the Board's decision regarding his or her application may appeal the Board's decision as provided in Rule 14.7, but must first request reconsideration of the decision as provided in Rule 14.6.
(5) For each person certified, the Board shall post on a list maintained on the Supreme Court website the person's name and an assigned identification number.
(6) Certification is effective for three years from the last day of the month it issues, unless revoked or suspended under this Rule.
(c) Renewal of Certification.
(1) A certified process server desiring to renew an existing certification must file with the Board a new application, including a current criminal history statement, criminal history record, and course certificate as specified under Rule 14.4(a).
(2) A certified process server who desires to avoid any lapse in certification during renewal should submit a completed application no sooner than ninety days before the expiration date defined under Rule 14.4(b)(6), and no later than forty-five days before the expiration date. Renewal applications filed more than ninety days before the expiration date will not be processed. However, this provision does not guarantee that a timely filed renewal application will be approved prior to expiration of an existing certification, and it is the responsibility of each process server to ensure, prior to serving any process under statewide certification, that his or her statewide certification remains in effect.
14.5 Disciplinary Actions
(a) Conduct Subject to Disciplinary Action. The Board may revoke or suspend any certification issued under this Rule, or issue a letter of reprimand to a certified process server, on a verified complaint after notice and opportunity to respond, for:
(1) conviction of a felony offense, or of a misdemeanor offense involving moral turpitude; or
(2) other good cause as determined by the Board.
A certified process server who, after obtaining statewide certification, is convicted of a felony offense or of a misdemeanor offense involving moral turpitude shall immediately notify the Clerk of the Supreme Court and cease to serve process pursuant to his or her statewide certification.
(b) Filing of Complaint Against Certified Process Server.
(1) A person desiring to make a complaint against a certified process server shall use the official complaint form approved by the Board and provided on the Court's website.
(2) The complaint shall be completed and signed under oath, with all pertinent documentary evidence attached thereto, and submitted to the Board's mailing address provided on the Court's website.
(3) Upon receipt of a properly executed complaint, the Board shall furnish to the certified process server against whom the complaint was filed copies of the complaint and any original attachments thereto, as well as notice stating: (1) the date the Board is scheduled to consider the complaint; (2) that the Board may revoke the process server's statewide certification or impose other disciplinary action after investigation and consideration of the complaint and any written response submitted by the process server and received by the Board at least three business days prior to the meeting at which the complaint will be considered; and (3) that the Board may allow the complainant, the process server, and any fact or character witnesses to appear at the meeting and present oral testimony.
(4) The Board may undertake an investigation on its own initiative based upon a credible report or findings of a judicial officer describing conduct that could be subject to disciplinary action under this Rule.
(c) Investigation of Complaints.
(1) A complaint committee consisting of three or more Board members named by the Chair, or any Board members designated by the Chair to perform this duty ad hoc, shall investigate properly executed complaints and determine if they are supported by credible evidence.
(2) Following investigation, the status of a complaint shall be reported to the Board at its next regularly scheduled meeting, or as soon as practicable thereafter, by the head of the complaint committee or any other member designated by the Chair to investigate the complaint.
(d) Hearing of Complaints.
(1) Any written response submitted by the process server, including any additional documentary evidence, must be received by the Board at least three business days prior to the meeting at which the complaint will be considered.
(2) In addition to any written response submitted under subsection (1), the Board may allow the complainant, the process server, and any fact or character witnesses to appear at the meeting and present oral testimony. Testimony must be given under penalty of perjury. The Board may limit the number of witnesses appearing and the time allotted for a witness's testimony.
(3) After hearing a report on a complaint, and considering any written response timely submitted by the process server against whom the complaint was filed, and any testimony, the Board shall vote on the status of the complaint, unless such determination is continued until another Board meeting for good cause.
(4) The Board shall serve upon the affected process server notice of the Board's determination regarding the complaint and any disciplinary action imposed. In its written statement, the Board must specify the good cause for disciplinary action.
(5) A process server who is dissatisfied with a Board decision imposing disciplinary action may appeal the Board's decision as provided in Rule 14.7, but must first request reconsideration of the decision as provided in Rule 14.6.
(6) Unless the Board directs otherwise, imposition of any disciplinary action is effective immediately following a majority vote to impose that action and is not stayed pending appeal.
(7) Complaints determined by the Board to be unsubstantiated or unfounded shall be dismissed.
(8) Nothing in this provision shall preclude negotiation of an agreed disciplinary resolution either before or after a complaint is considered by the Board. An agreed disciplinary resolution shall not be effective until approved by the Board.
14.6 Reconsideration of Board Decisions
(a) Request for Reconsideration.
(1) Any certified process server may request reconsideration of a decision by the Board pertaining to an application for certification or a disciplinary action.
(2) A reconsideration request must be in writing and must be received by the Board within thirty (30) days after the date the Board serves notice of the decision for which reconsideration is requested.
(3) The request must identify the process server and the decision of the Board for which reconsideration is requested, and must succinctly state the reason for reconsideration.
(b) Reconsideration Procedure.
(1) After receiving a request for reconsideration, the Chair will place the matter on the agenda for the next scheduled meeting of the Board.
(2) The Board may allow the process server seeking reconsideration to appear at the meeting and present additional testimony. Testimony must be given under penalty of perjury. The Board may limit the number of witnesses appearing and the time allotted for a witness's testimony.
(3) After reconsidering a decision, the Board shall vote on the matter unless such determination is continued until another Board meeting for good cause.
(4) The Board must send the process server written notice stating its decision on reconsideration.
(c) Request for Reconsideration Is Necessary Prerequisite for Appeal. A request for reconsideration is a necessary prerequisite to filing an appeal of a Board decision under Rule 14.7.
14.7 Appeal of Board Decisions
(a) Procedure for Appealing.
(1) Any certified process server seeking to appeal a Board decision pertaining to an application for certification or a disciplinary action shall submit a written appeal of such decision to the General Counsel for the Office of Court Administration within thirty (30) days after the date the written decision is served upon the process server. The appeal should be addressed to the General Counsel at the mailing address listed on the "Contact Information" page of OCA's website, currently located at http://www.courts.state.tx.us/contact.asp.
(2) The General Counsel shall promptly forward the appeal to a special committee of three Administrative Regional Presiding Judges, see Tex. Gov't Code §74.041. The committee shall be chosen on a basis pre-determined by the Presiding Judges, but shall not include the Presiding Judge for the Administrative Region in which the appellant resided at the time of the Board's decision.
(3) The General Counsel shall notify the Board of the filing of an appeal and, upon request, shall make the appeal materials available to the Board or its legal representative.
(4) The appeal must be in a form, or pursuant to a policy, approved by the Regional Presiding Judges, if an appellate form or a policy has been approved by the Regional Presiding Judges. If no appellate form or policy has been approved, the appeal need not be in any particular form, but it must contain (1) a copy of the notice of the Board's decision with which the process server is dissatisfied; (2) a statement succinctly explaining why the process server is dissatisfied with the Board's decision; and (3) a copy of the Board's notice reflecting its decision on reconsideration.
(5) The Office of Court Administration shall adopt rules or policies to ensure that any OCA employee who provides clerical, administrative, or other direct support to the Board does not communicate regarding the substance of any appeal under this Rule with any other OCA employee who facilitates the appeal process under this Rule. The rules or policies shall also provide that OCA employees may communicate regarding non-substantive aspects of appeals, such as to ensure the completeness and accuracy of appeal materials to be forwarded to the special committee.
(b) Consideration of Appeal.
(1) Upon receiving notice of an appeal of a disciplinary action, the Board shall provide to the General Counsel, and the General Counsel shall submit to the special committee, electronic or paper copies of (1) the complaint and any original attachments; (2) any written response timely submitted by the process server; (3) notice of the Board's decision imposing disciplinary action; (4) the Board's notice reflecting its decision on reconsideration; and (5) any other documents or written evidence considered by the Board pertaining to the decision complained of on appeal. The Board shall provide a copy of any of the above items (1) - (5) to an appellant upon request, and may charge costs for such copies as set forth in Rule 12.7 of the Rules of Judicial Administration.
(2) Upon receiving notice of an appeal of a decision denying application for certification, the Board shall provide to the General Counsel, and the General Counsel shall submit to the special committee, electronic or paper copies of (1) the process server's application for statewide certification, including a record of the applicant's criminal history from the Department of Public Safety; (2) a written statement of the Board's decision denying the application; (3) any additional documentation considered by the Board related to the applicant's criminal history; (4) the Board's notice reflecting its decision on reconsideration; and (5) any other documents or written evidence considered by the Board pertaining to the decision complained of on appeal. The Board shall provide a copy of any of the above items (1)-(5) to an appellant upon request, and may charge costs for such copies as set forth in Rule 12.7 of the Rules of Judicial Administration.
(3) The special committee shall consider the appeal under an abuse of discretion standard for all issues except those involving pure questions of law, for which the standard of review shall be de novo. Under either standard, the burden is on the appellant to establish that the Board's decision was erroneous.
(4) Absent approval by the special committee, submission of materials other than those described under Rule 14.7(b)(1)-(2) is prohibited. The special committee may, in its sole discretion, allow a process server to submit additional written materials relating to the appeal. Otherwise, only the written materials described under Rule 14.7(b)(1)-(2) will be considered. A request to submit additional materials must clearly identify the additional materials for which inclusion is requested.
(5) The special committee may consider the appeal without a hearing, and may conduct its deliberations by any appropriate means. The special committee may, in its sole discretion, conduct a hearing and allow testimony from the affected process server or any other person with knowledge of the underlying facts relating to the application or the disciplinary action complained of.
(6) After consideration of the appeal, the special committee shall notify the Board and the process server in writing of its decision either affirming or reversing the Board's decision. No rehearing or further appeal shall be allowed.
Rule 14. Statewide Certification to Serve Civil Process
14.1 Purpose
Under Rules 103 and 536 of the Texas Rules of Civil Procedure, as amended
effective July 1, 2005, civil process may be served by--in addition to sheriffs
and constables and other persons authorized by law, and persons at least 18
years of age authorized by written order of court--"any person certified under
order of the Supreme Court." To improve the standards of practice for private
service of process, and to provide a list of persons eligible to serve process
in trial courts statewide, the Court--simultaneous with amending Rules 103
and 536--also issued companion orders creating the Process
Service
Server
Review Board and establishing the basic framework for certification
and revocation thereof by the Board. This Rule is intended to build upon that
framework by implementing specific procedures to guide the Board's actions
in processing applications, investigating complaints regarding certified process
servers, and determining disciplinary action under appropriate circumstances.
14.2 Definitions
(a) Board means the Process Service
Server
Review Board.
(b) Chair means the Chair of the Board, as appointed by the Supreme Court.
14.3 General Provisions
(a) Membership of Board. Members of the Board are appointed by the Supreme Court of Texas. Unless an appointment order specifies otherwise, members are appointed to a three-year term.
(b) General Procedure.
(1) A majority of members of the Board shall constitute a quorum.
(2) After a quorum has been established at a Board meeting, the Board may decide, upon a majority vote of those present, any matter properly before it.
(3) The Chair or his/her designee shall preside at Board meetings.
(4) The Board may, in its discretion, grant continuances with regard to hearings and other matters before the Board.
(5) The Office of Court Administration shall provide clerical assistance to the Board.
(c) Methods of Service.
(1) Service of any written notice or other document required to be served under this Rule may be accomplished:
(A) by delivering a copy to the person to be served, or their attorney, either in person or by agent or by courier receipted delivery or by registered or certified mail, to the person's last known address; or
(B) by fax, to the person's current fax number.
(2) Service by mail shall be complete upon deposit of the notice or other paper, enclosed in a postage-paid, properly addressed envelope, in a post office or official depository under the care and custody of the United States Post Office. Service by fax shall be complete upon confirmation of receipt. Service by fax after 5:00 p.m. local time of the recipient shall be deemed served on the following day.
(d) Counting Time.
In computing any period of time prescribed or allowed by this Rule, the day of the act, event, or default after which the designated period of time begins to run is not included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday. Saturdays, Sundays, and legal holidays shall otherwise be counted for purposes of calculating time periods under this Rule, unless the time period is for five days or less, in which case Saturdays, Sundays, and legal holidays shall not be counted for any purpose.
14.4 Certification
(a) Application.
(1) A person seeking statewide certification must file with the Clerk of the Supreme Court a sworn application in the form prescribed by the Supreme Court, available from the Clerk of the Court or on the Court's website.
(2) The application must contain a statement that
indicating
whether
the applicant has
not ever been convicted
of a felony or of a misdemeanor involving moral turpitude. The application
must include a criminal history record obtained within the preceding 90 days
from the Texas Department of Public Safety in Austin, Texas.
T If an applicant's criminal history reflects legal proceedings for which a
final disposition is not clearly shown, t
he applicant bears the burden
of establishing that he or she has not been convicted of a felony or of a
misdemeanor involving moral turpitude.
The Board may deny certification
to an applicant convicted of a felony or of a misdemeanor involving moral
turpitude. If an applicant's criminal history reflects that the applicant
was charged with a felony or a misdemeanor involving moral turpitude and the
charges resulted in an outcome other than acquittal or conviction (such as
pretrial diversion, probation, deferred adjudication, community supervision,
or similar result), the Board may consider such history in determining whether
the application should be granted.
(3) The application must include a certificate from the director of a civil process service course, approved for certification in every state court pursuant to Supreme Court order, stating that the applicant has completed the approved course within the prior year. The applicant bears the burden of establishing that he or she has completed within the prior year a course approved for certification in every state court pursuant to Supreme Court order.
(b) Review of Application; Rejection; Approval.
(1) Applications shall be reviewed and either approved by the Board or rejected for good cause stated. In appropriate circumstances, the Board may approve applications on a conditional or probationary basis.
(2) The Board may, upon request, allow an applicant with criminal history to appear before the Board and provide oral testimony, documentation, or other information pertinent to the applicant's criminal history. Testimony must be given under penalty of perjury. The Board may limit the number of witnesses appearing and the time allotted for a witness's testimony.
(
2
3
) The Board shall promptly notify each applicant
in writing of its decision. For applicants rejected, and for applicants approved
on a conditional or probationary basis, the Board shall specify the good cause
for its decision.
(
3
4
) An applicant who is dissatisfied with the Board's
decision regarding his or her application may appeal the Board's decision
as provided in Rule 14.7, but must first request reconsideration of the decision
as provided in Rule 14.6.
(
4
5
) For each person certified, the Board shall post
on a list maintained on the Supreme Court website the person's name and an
assigned identification number.
(
5
6
) Certification is effective for three years from
the last day of the month it issues, unless revoked or suspended under this
Rule.
(c) Renewal of Certification.
(1) A certified process server desiring to renew an existing certification must file with the Board a new application, including a current criminal history statement, criminal history record, and course certificate as specified under Rule 14.4(a).
(2) A certified process server who desires to avoid any lapse in certification
during renewal should submit a completed application no sooner than ninety
days before the expiration date defined under Rule 14.4(b)(
5
6
), and no later than forty-five days before the expiration date. Renewal
applications filed more than ninety days before the expiration date will not
be processed. However, this provision does not guarantee that a timely filed
renewal application will be approved prior to expiration of an existing certification,
and it is the responsibility of each process server to ensure, prior to serving
any process under statewide certification, that his or her statewide certification
remains in effect.
14.5 Disciplinary Actions
(a) Conduct Subject to Disciplinary Action. The Board may revoke or suspend any certification issued under this Rule, or issue a letter of reprimand to a certified process server, on a verified complaint after notice and opportunity to respond, for:
(1) conviction of a felony offense, or of a misdemeanor offense involving moral turpitude; or
(2) other good cause as determined by the Board.
A certified process server who, after obtaining statewide certification, is convicted of a felony offense or of a misdemeanor offense involving moral turpitude shall immediately notify the Clerk of the Supreme Court and cease to serve process pursuant to his or her statewide certification.
(b) Filing of Complaint Against Certified Process Server.
(1) A person desiring to make a complaint against a certified process server shall use the official complaint form approved by the Board and provided on the Court's website.
(2) The complaint shall be completed and signed under oath, with all pertinent documentary evidence attached thereto, and submitted to the Board's mailing address provided on the Court's website.
(3) Upon receipt of a properly executed complaint, the Board shall furnish
to the certified process server against whom the complaint was filed copies
of the complaint and any original attachments thereto, as well as notice stating:
(1) the date the Board is scheduled to consider the complaint; (2) that the
Board may revoke the process server's statewide certification or impose other
disciplinary action after investigation and consideration of the complaint
and any written response submitted by the process server and received by the
Board at least three business days prior to the meeting at which the complaint
will be considered; and (3) that
no live testimony regarding the complaint
or presentation by the affected process server will be permitted at the meeting
the Board may allow the complainant, the process server, and any
fact or character witnesses to appear at the meeting and present oral testimony
.
(4) The Board may undertake an investigation on its own initiative based upon a credible report or findings of a judicial officer describing conduct that could be subject to disciplinary action under this Rule.
(c) Investigation of Complaints.
(1) A complaint committee consisting of three or more Board members named by the Chair, or any Board members designated by the Chair to perform this duty ad hoc, shall investigate properly executed complaints and determine if they are supported by credible evidence.
(2) Following investigation, the status of a complaint shall be reported to the Board at its next regularly scheduled meeting, or as soon as practicable thereafter, by the head of the complaint committee or any other member designated by the Chair to investigate the complaint.
(d) Hearing of Complaints.
(1) Any written response submitted by the process server, including any additional documentary evidence, must be received by the Board at least three business days prior to the meeting at which the complaint will be considered.
(2)
No live testimony relating to the actions complained of will be
permitted at the meeting.
In addition to any written response submitted
under subsection (1), the Board may allow the complainant, the process server,
and any fact or character witnesses to appear at the meeting and present oral
testimony. Testimony must be given under penalty of perjury. The Board may
limit the number of witnesses appearing and the time allotted for a witness's
testimony.
(3) After hearing a report on a complaint, and considering any written response timely submitted by the process server against whom the complaint was filed, and any testimony, the Board shall vote on the status of the complaint, unless such determination is continued until another Board meeting for good cause.
(4) The Board shall serve upon the affected process server notice of the Board's determination regarding the complaint and any disciplinary action imposed. In its written statement, the Board must specify the good cause for disciplinary action.
(5) A process server who is dissatisfied with a Board decision imposing disciplinary action may appeal the Board's decision as provided in Rule 14.7, but must first request reconsideration of the decision as provided in Rule 14.6.
(6) Unless the Board directs otherwise, imposition of any disciplinary action is effective immediately following a majority vote to impose that action and is not stayed pending appeal.
(7) Complaints determined by the Board to be unsubstantiated or unfounded shall be dismissed.
(8) Nothing in this provision shall preclude negotiation of an agreed disciplinary resolution either before or after a complaint is considered by the Board. An agreed disciplinary resolution shall not be effective until approved by the Board.
14.6 Reconsideration of Board Decisions
(a) Request for Reconsideration.
(1) Any certified process server may request reconsideration of a decision by the Board pertaining to an application for certification or a disciplinary action.
(2) A reconsideration request must be in writing and must be received by the Board within thirty (30) days after the date the Board serves notice of the decision for which reconsideration is requested.
(3) The request must identify the process server and the decision of the Board for which reconsideration is requested, and must succinctly state the reason for reconsideration.
(b) Reconsideration Procedure.
(1) After receiving a request for reconsideration, the Chair will place the matter on the agenda for the next scheduled meeting of the Board.
(2) The Board may allow the process server seeking reconsideration to appear at the meeting and present additional testimony. Testimony must be given under penalty of perjury. The Board may limit the number of witnesses appearing and the time allotted for a witness's testimony.
(
2
3
) After reconsidering a decision, the Board shall
vote on the matter unless such determination is continued until another Board
meeting for good cause.
(
3
4
) The Board must send the process server written
notice stating its decision on reconsideration.
(c) Request for Reconsideration Is Necessary Prerequisite for Appeal. A request for reconsideration is a necessary prerequisite to filing an appeal of a Board decision under Rule 14.7.
14.7 Appeal of Board Decisions
(a) Procedure for Appealing.
(1) Any certified process server seeking to appeal a Board decision pertaining to an application for certification or a disciplinary action shall submit a written appeal of such decision to the General Counsel for the Office of Court Administration within thirty (30) days after the date the written decision is served upon the process server. The appeal should be addressed to the General Counsel at the mailing address listed on the "Contact Information" page of OCA's website, currently located at http://www.courts.state.tx.us/contact.asp.
(2) The General Counsel shall promptly forward the appeal to a special committee of three Administrative Regional Presiding Judges, see Tex. Gov't Code §74.041. The committee shall be chosen on a basis pre-determined by the Presiding Judges, but shall not include the Presiding Judge for the Administrative Region in which the appellant resided at the time of the Board's decision.
(3) The General Counsel shall notify the Board of the filing of an appeal and, upon request, shall make the appeal materials available to the Board or its legal representative.
(4) The appeal must be in a form, or pursuant to a policy, approved by the Regional Presiding Judges, if an appellate form or a policy has been approved by the Regional Presiding Judges. If no appellate form or policy has been approved, the appeal need not be in any particular form, but it must contain (1) a copy of the notice of the Board's decision with which the process server is dissatisfied; (2) a statement succinctly explaining why the process server is dissatisfied with the Board's decision; and (3) a copy of the Board's notice reflecting its decision on reconsideration.
(5) The Office of Court Administration shall adopt rules or policies to ensure that any OCA employee who provides clerical, administrative, or other direct support to the Board does not communicate regarding the substance of any appeal under this Rule with any other OCA employee who facilitates the appeal process under this Rule. The rules or policies shall also provide that OCA employees may communicate regarding non-substantive aspects of appeals, such as to ensure the completeness and accuracy of appeal materials to be forwarded to the special committee.
(b) Consideration of Appeal.
(1) Upon receiving notice of an appeal of a disciplinary action, the Board shall provide to the General Counsel, and the General Counsel shall submit to the special committee, electronic or paper copies of (1) the complaint and any original attachments; (2) any written response timely submitted by the process server; (3) notice of the Board's decision imposing disciplinary action; (4) the Board's notice reflecting its decision on reconsideration; and (5) any other documents or written evidence considered by the Board pertaining to the decision complained of on appeal. The Board shall provide a copy of any of the above items (1)-(5) to an appellant upon request, and may charge costs for such copies as set forth in Rule 12.7 of the Rules of Judicial Administration.
(2) Upon receiving notice of an appeal of a decision denying application for certification, the Board shall provide to the General Counsel, and the General Counsel shall submit to the special committee, electronic or paper copies of (1) the process server's application for statewide certification, including a record of the applicant's criminal history from the Department of Public Safety; (2) a written statement of the Board's decision denying the application; (3) any additional documentation considered by the Board related to the applicant's criminal history; (4) the Board's notice reflecting its decision on reconsideration; and (5) any other documents or written evidence considered by the Board pertaining to the decision complained of on appeal. The Board shall provide a copy of any of the above items (1)-(5) to an appellant upon request, and may charge costs for such copies as set forth in Rule 12.7 of the Rules of Judicial Administration.
(3) The special committee shall consider the appeal under an abuse of discretion standard for all issues except those involving pure questions of law, for which the standard of review shall be de novo. Under either standard, the burden is on the appellant to establish that the Board's decision was erroneous.
(4) Absent approval by the special committee, submission of materials other than those described under Rule 14.7(b)(1)-(2) is prohibited. The special committee may, in its sole discretion, allow a process server to submit additional written materials relating to the appeal. Otherwise, only the written materials described under Rule 14.7(b)(1)-(2) will be considered. A request to submit additional materials must clearly identify the additional materials for which inclusion is requested.
(5) The special committee may consider the appeal without a hearing, and may conduct its deliberations by any appropriate means. The special committee may, in its sole discretion, conduct a hearing and allow testimony from the affected process server or any other person with knowledge of the underlying facts relating to the application or the disciplinary action complained of.
(6) After consideration of the appeal, the special committee shall notify the Board and the process server in writing of its decision either affirming or reversing the Board's decision. No rehearing or further appeal shall be allowed.
TRD-200700972
Jody Hughes
Rules Attorney
Supreme Court of Texas
Filed: March 13, 2007
Misc. Docket No. 07-9035
ORDERED that:
1. The Texas Parental Notification Rules, adopted by Order of Misc. Docket No. 99-9247 (Dec. 22, 1999) and amended by Order of Misc. Docket No. 00-9171 (Nov. 8, 2000), are revised by amending the Explanatory Statement that prefaces the Rules, and Rules 1.1, 1.3(c), 1.10, 2.2(f), 2.3(a), and 2.4(d), as follows.
2. The Texas Parental Notification Forms, adopted by Order of Misc. Docket No. 99-9243 (Dec. 15, 1999) and amended by Order of Misc. Docket No. 00-9171 (Nov. 8, 2000), are revised by adding Forms 2I and 2J as follows.
3. As ordered in Misc. Docket No. 06-9143, these changes take effect March 1, 2007.
4. The Clerk is directed to:
a. post a copy of this Order on the Court's Internet website at www.courts.state.tx.us
b. file a copy of this Order with the Secretary of State;
c. cause a copy of this Order to be mailed to each registered member of the State Bar of Texas by publication in the Texas Bar Journal;
d. send a copy of this Order to each member of the Legislature; and
e. submit a copy of the Order for publication in the Texas Register.
SIGNED AND ENTERED this 27th day of February, 2007.
_____________________________________
Wallace B. Jefferson, Chief Justice
_____________________________________
Nathan L. Hecht, Justice
_____________________________________
Harriet O'Neill, Justice
_____________________________________
Scott Brister, Justice
_____________________________________
Paul W. Green, Justice
_____________________________________
Phil Johnson, Justice
_____________________________________
Don R. Willett, Justice
Explanatory Statement
Chapter 33 of the Texas Family Code, adopted by Act of May 25, 1999, 76th Leg., R.S., ch. 395, 1999 Tex. Gen. Laws 2466 (S.B. 30), provides for judicial authorization of an unemancipated minor to consent to an abortion in Texas without notice to her parents, managing conservator, or guardian. Section 2 of the Act states: "The Supreme Court of Texas shall issue promptly such rules as may be necessary in order that the process established by Sections 33.003 and 33.004, Family Code, as added by this Act, may be conducted in a manner that will ensure confidentiality and sufficient precedence over all other pending matters to ensure promptness of disposition." See also Tex. Fam. Code §§33.003(l), 33.004(c). Section 6 of the Act adds: "The clerk of the Supreme Court of Texas shall adopt the application form and notice of appeal form to be used under Sections 33.003 and 33.004, Family Code, as added by this Act, not later than December 15, 1999." See also Tex. Fam. Code §§33.003(m), 33.004(d).
The following rules and forms are promulgated as directed by the Act without any determination that the Act or any part of it comports with the United States Constitution or the Texas Constitution. During the public hearings and debates on the rules and forms, questions were raised concerning the constitutionality of Chapter 33, among which were whether the statute can make court rulings secret, and whether the statute can require courts to act within the specified, short deadlines it imposes. Because such issues should not be resolved outside an adversarial proceeding with full briefing and argument, the rules and forms merely track statutory requirements of the Legislature. Adoption of these rules does not, of course, imply that abortion is or is not permitted in any specific situation. See, e.g., Roe v. Wade, 410 U.S. 113 (1973); Tex. Rev. Civ. Stat. Ann. art. 4495b, §4.011 (restrictions on third trimester abortions of viable fetuses).
In 2005, the Legislature amended the Texas Occupations Code to prohibit a physician from performing an abortion on an unemancipated minor
without the written consent of the child's parent, managing conservator, or legal guardian or without a court order, as provided by Section 33.003 or 33.004, Family Code, authorizing the minor to consent to the abortion, unless the physician concludes that on the basis of the physician's good faith clinical judgment, a condition exists that complicates the medical condition of the pregnant minor and necessitates the immediate abortion of her pregnancy to avert her death or to avoid a serious risk of substantial impairment of a major bodily function and that there is insufficient time to obtain the consent of the child's parent, managing conservator, or legal guardian.
Act of May 27, 2005, 79th Leg., R.S., ch. 269, §1.42, 2005 Tex. Gen. Laws 734 (S.B. 419) (codified at Tex. Occ. Code §164.052(a)(19)). The parental consent law does not direct the Supreme Court to provide procedural rules implementing its provisions but instead expressly references the judicial bypass provisions in the parental notification law as providing an exception to the parental consent requirement. The procedures governing application for a judicial bypass to the parental notification requirement are set forth in the existing Parental Notification Rules. In addition, the parental consent law requires the Texas Medical Board to adopt the forms necessary for physicians to obtain the consent required by law to perform an abortion upon an unemancipated minor. See id. (codified at Tex. Occ. Code §164.052(c)). Those forms are published at 22 Tex. Admin. Code §165.6(f) and are available on the Texas Medical Board's website, at www.tmb.state.tx.us/rules/docs/Current%20Rules%20-%20%201-4-07.doc.
The notes and comments appended to the rules are intended to inform their construction and application by courts and practitioners.
1.1 Applicability of These Rules. These rules govern proceedings for obtaining a court order authorizing a minor to consent to an abortion without notice to either of her parents or a managing conservator or guardian under Chapter 33, Family Code (or as amended). All references in these rules to "minor" refer to the minor applicant. Other Texas court rules--including the Rules of Civil Procedure, Rules of Evidence, Rules of Appellate Procedure, Rules of Judicial Administration, and local rules approved by the Supreme Court--also apply, but when the application of another rule would be inconsistent with the general framework or policy of Chapter 33, Family Code, or these rules, these rules control.
1.3 Anonymity of Minor Protected.
(c) Notice Required to Minor's Attorney.
With the exception of orders and
rulings released under Rule 1.4(b), all service and communications from the
court to the minor must be directed to the minor's attorney
with a copy
to the guardian ad litem. A minor's attorney must serve on the guardian ad
litem instanter a copy of any document filed with the court. A guardian ad
litem must serve on a minor's attorney instanter a copy of any document filed
with the court
.
This
These
requirement
s
take
s
effect when an attorney appears for the minor, or when the clerk has
notified the minor of the appointment of an attorney
or guardian ad litem.
1.10 Amicus Briefs. Amicus briefs may be submitted and received by a court--but not filed--under either of the following procedures.
(a) Confidential, Case-Specific Briefs. A non-party who is authorized to attend or participate in a particular proceeding under Chapter 33, Family Code may submit an amicus brief addressing matters, including confidential matters, specific to the proceeding. The brief and the manner in which it is submitted must comply with Rules 1.3 and 1.4 and be directed to the court in which the proceeding is pending. The person must submit the original brief and the same number of copies required for other submissions to the court, and must serve a copy of the brief on the minor's attorney and guardian ad litem. The court to which the brief is submitted must maintain the brief as part of the confidential case file in accordance with Rule 1.4.
(b) Public or General Briefs.
Any person may submit a brief addressing any matter relating
to proceedings under Chapter 33, Family Code. Such a brief must not contain
any information in violation of Rules 1.3 and 1.4. The person must submit
the original brief and the same number of copies required for other submissions
to the court. If the brief is submitted to a court of appeals, the original
and eleven copies of the brief, plus a computer disk containing
an electronic
copy of
the brief, must also be submitted to the Supreme Court of Texas.
When an appeal of a proceeding is filed, the clerk of the court of appeals
or the Supreme Court must notify the
parties to the appeal
minor's attorney and guardian ad litem
of the existence of any brief
filed
submitted
under this subsection and must make the brief
available for inspection and copying. Upon
submission
receipt
of an electronic copy of an amicus brief submitted under this subsection
,
the Clerk of the Supreme Court must, as soon as practicable, have the brief
posted on the Texas Judiciary Internet site and make it available to the public
for inspection and copying.
2.2 Clerk's Duties.
(f) Orders. The clerk must provide the minor's
and the
attorney
and the guardian
ad litem with copies of all court orders, including
findings of fact and conclusions of law.
2.3 Court's Duties. Upon receipt of an application from the clerk, the court must promptly:
(a) appoint a qualified person to serve as guardian ad litem for the minor applicant ;
2.4 Hearing.
(d) Record.
If the minor appeals, or if there is evidence of past or potential abuse of
the minor, the hearing must be transcribed instanter.
The court,
the minor's attorney, or the guardian ad litem may request that the record--the
clerk's record and reporter's record--be prepared. A request by the minor's
attorney or guardian ad litem must be in writing and may be, but is not required
to be, on Form 2I (if an appeal will be taken) or 2J (if an appeal will not
be taken). The court reporter must provide an original and two copies of the
reporter's record to the clerk. When the record has been prepared, the clerk
must contact the minor's attorney and the guardian ad litem at the telephone
numbers shown on Form 2I or 2J and make it available to them. The record must
be prepared and made available instanter if it has been requested for appeal
or if a belief that there is evidence of past or potential abuse of the minor
is stated on the record or submitted to the court in writing. When a notice
of appeal is filed, the clerk must forward the record to the court of appeals
in accordance with Rule 3.2(b).
Form 2I (.pdf)
Form 2J (.pdf)
TRD-200700971
Jody Hughes
Rules Attorney
Supreme Court of Texas
Filed: March 13, 2007
Misc. Docket No. 07-9033
ORDERED that:
To test whether and how a video recording of proceedings before the Supreme Court of Texas should be produced and made available on the Internet, the following interim procedures are adopted:
1. All Proceedings to be Recorded. Except as ordered by the Court on motion as provided herein or on its own initiative, a video recording of all oral arguments and other public proceedings of the Supreme Court of Texas will be produced and made available on the Internet at the website of the Saint Mary's University School of Law, http://www.stmarytx.edu/law/, linked through the Court's website, http://www.supreme.courts.state.tx.us/, as technical operations allow.
2. Motion for Exemption. A party or other interested person may move the Court to exempt a particular proceeding from video recording or webcasting. The motion must be filed at least ten days before the scheduled date of the proceeding and served on all parties. The motion must state the scheduled date and time of the proceeding and otherwise comply with Rule 10.1 of the Texas Rules of Appellate Procedure.
3. Response. Any party or interested person may file a response to the motion. The response must be filed at least three days before the scheduled date of the proceeding and served on the movant and all parties.
4. Court May Shorten Times. The Court may, for good cause, shorten the time for filing a motion or response.
5. Options If Motion Granted. If the Court grants the motion, it may withhold or delay webcasting, produce only an audio recording, produce no recording, or take other appropriate measures to protect the parties' rights, preserve the dignity of the court, and ensure the orderly conduct of the proceedings.
6. Other Recording and Broadcasting. A person may request to record or broadcast a proceeding in accordance with Rule 14 of the Texas Rules of Appellate Procedure. Existing video, audio, and lighting systems should be used unless otherwise ordered by the Court.
The Clerk is directed to post a copy of this Order on the Court's internet website at www.courts.state.tx.us, cause a copy of this Order to be mailed to each registered member of the State Bar of Texas by publication in the Texas Bar Journal , and submit a copy of the Order for publication in the Texas Register .
SIGNED AND ENTERED this 27th day of February, 2007.
_____________________________________
Wallace B. Jefferson, Chief Justice
_____________________________________
Nathan L. Hecht, Justice
_____________________________________
Harriet O'Neill, Justice
_____________________________________
Scott Brister, Justice
_____________________________________
Paul W. Green, Justice
_____________________________________
Phil Johnson, Justice
_____________________________________
Don R. Willett, Justice
TRD-200700970
Jody Hughes
Rules Attorney
Supreme Court of Texas
Filed: March 13, 2007
Misc. Docket No. 06-9168
ORDERED that:
1. The following amendments to the Texas Rules of Disciplinary Procedure are hereby adopted by the Court.
2. These changes, with any modifications made after public comments are received, take effect March 31, 2007. Comments may be submitted to the Court in writing on or before March 1, 2007, and should be directed to: Jody Hughes, Rules Attorney, P.O. Box 12248, Austin TX 78711, or may be emailed to him at jody.hughes@courts.state.tx.us.
3. The Clerk is directed to:
a. file a copy of this Order with the Secretary of State;
b. cause a copy of this Order to be mailed to each registered member of the State Bar of Texas by publication in the Texas Bar Journal;
c. send a copy of this Order to each elected member of the Legislature; and
d. cause a copy of this Order to be posted on the website of the Supreme Court of Texas at http://www.supreme.courts.state.tx.us.
In Chambers, this 18th day of December, 2006.
_____________________________________
Wallace B. Jefferson, Chief Justice
_____________________________________
Nathan L. Hecht, Justice
_____________________________________
Harriet O'Neill, Justice
_____________________________________
J. Dale Wainwright, Justice
_____________________________________
Scott Brister, Justice
_____________________________________
David M. Medina, Justice
_____________________________________
Paul W. Green, Justice
_____________________________________
Phil Johnson, Justice
_____________________________________
Don R. Willett, Justice
Amendments to the Texas Rules of Disciplinary Procedure
* * *
Part II. The District Grievance Committees
* * *
2.03 Time for Appointment and Terms
All persons serving on a Committee at the time these rules become effective shall continue to serve for their then unexpired terms, subject to resignation or removal as herein provided. Nominations to Committees shall be made annually at the spring meeting of the Board; all appointments shall be made by the President no later than June 1 of each year , provided, however, that if a vacancy on a Committee arises after June 1, the Director(s) shall nominate and the President shall appoint an eligible person to serve for the remaining period of the unexpired term . If any Director fails or refuses to make nominations in a timely manner, or the President fails or refuses to make appointments in a timely manner, the existing members of the Committees shall continue to hold office until the nominations and appointments are made and the successor member is qualified. One-third of each new Committee will be appointed for initial terms of one year, one-third for an initial term of two years, and one-third for an initial term of three years. Thereafter, all terms will be for a period of three years, except for appointments to fill unexpired terms, which will be for the remaining period of the unexpired term. Any member of a Committee who has served two consecutive terms, whether full or partial terms, is not eligible for reappointment until at least three years have passed since his or her last prior service. No member may serve as chair for more than two consecutive terms of one year each. All members are eligible for election to the position of chair.
Part XIII. Cessation of Practice
13.01 Notice of Attorney's Cessation of Practice
When an attorney licensed to practice law in Texas dies, resigns, becomes
inactive, is disbarred, or is suspended, leaving an active client matter for
which no other attorney licensed to practice in Texas, with the consent of
the client, has agreed to assume responsibility, written notice of such cessation
of practice (together with information identifying the matter)
shall
be mailed to all
those
clients,
former clients
, opposing counsel, courts, agencies with which the attorney has matters
pending, malpractice insurers, and any other person or entity having reason
to be informed of the cessation of practice. If the attorney
has died
dies, or has a mental or emotional disability
, the notice
shall
may
be given by the personal representative of the
estate of the
attorney or by any person having lawful custody of the
files and records of the attorney
, including those persons who have been
employed by the deceased attorney
. In all other cases, notice shall
be given by the attorney, a person authorized by the attorney, a person having
lawful custody of the files of the attorney, or by Chief Disciplinary Counsel.
If the client has consented to the assumption of responsibility for the matter
by another attorney licensed to practice law in Texas, then the above notification
requirements are not necessary and no further action is required.
13.02 Assumption of Jurisdiction
A client of the attorney, Chief Disciplinary Counsel, or any other interested person may petition a district court in the county of the attorney's residence to assume jurisdiction over the attorney's law practice. If the attorney has died, such petition may be filed in a statutory probate court. The petition must be verified and must state the facts necessary to show cause to believe that notice of cessation is required under this part. It must state the following:
A. That an attorney licensed to practice law in Texas has died, disappeared, resigned, become inactive, been disbarred or suspended, or become physically, mentally or emotionally disabled and cannot provide legal services necessary to protect the interests of clients.
B. That cause exists to believe that court supervision is necessary because the attorney has left client matters for which no other attorney licensed to practice law in Texas has, with the consent of the client, agreed to assume responsibility.
C. That there is cause to believe that the interests of one or more clients of the attorney or one or more interested persons or entities will be prejudiced if these proceedings are not maintained.
13.03 Hearing and Order on Application to Assume Jurisdiction
The court shall set the petition for hearing and may issue an
order to show cause, directing the attorney or his or her personal representative,
or if none exists, the person having custody of the attorney's files, to show
cause why the court should not assume jurisdiction of the attorney's law practice.
If the court finds that one or more of the events stated in Rule 13.02 has
occurred and that the supervision of the court is required, the court shall
assume jurisdiction and appoint one or more attorneys licensed to practice
law in Texas do one or more of the following as specified in the court's
written order
to take such action as set out in the written order
of the court including, but not limited to, one or more of the following
:
* * *
TRD-200700974
Jody Hughes
Rules Attorney
Supreme Court of Texas
Filed: March 13, 2007
Misc. Docket No. 06-9167
It is ORDERED that:
1. The following amendments to the State Bar Rules, which were approved by the State Bar Board at a regularly called and posted meeting on June 22, 2005, are hereby approved by the Court.
2. These changes, with any modifications made after public comments are received, take effect March 31, 2007. Comments may be submitted to the Court in writing on or before March 1, 2007, and should be directed to: Jody Hughes, Rules Attorney, P.O. Box 12248, Austin TX 78711, or may be emailed to him at jody.hughes@courts.state.tx.us.
3. The Clerk is directed to:
a. file a copy of this Order with the Secretary of State;
b. cause a copy of this Order to be mailed to each registered member of the State Bar of Texas by publication in the Texas Bar Journal;
c. send a copy of this Order to each elected member of the Legislature; and
d. cause a copy of this Order to be posted on the website of the Supreme Court of Texas at http://www.supreme.courts.state.tx.us.
In Chambers, this 18th day of December, 2006.
_____________________________________
Wallace B. Jefferson, Chief Justice
_____________________________________
Nathan L. Hecht, Justice
_____________________________________
Harriet O'Neill, Justice
_____________________________________
J. Dale Wainwright, Justice
_____________________________________
Scott Brister, Justice
_____________________________________
David M. Medina, Justice
_____________________________________
Paul W. Green, Justice
_____________________________________
Phil Johnson, Justice
_____________________________________
Don R. Willett, Justice
Article I--Definitions
...
4. "Act" means the State Bar Act, Chapter 510, Acts of the 66th Legislature
of Texas, Regular Session, 1979, being also Senate Bill No. 287 as passed
by the 66th Legislature of Texas, Regular Session, 1979, and signed by the
Governor on June 11, 1979,
currently codified at Title 2, Subtitle G,
Chapter 81 of the Texas Government Code
and being also Article
320a-1, Vernon's Texas Civil Statutes as revised
and as it may be amended.
Article II--General Provisions
...
Section 14. Procedures for Meetings
(A) All proceedings at meetings of the State Bar, of the board, of the executive committee and of all other committees and sections shall be governed by the most recent edition of Robert's Rules of Order Newly Revised .
...
Article IV--Administration
Section 1. Board of Directors; Duties
(A) The State Bar shall be governed by a board which shall enforce the Act and these Rules.
(B) The term of office for each elected
,
and
public,
and minority
director shall be three (3) years. The terms of
such
elected and public
directors shall be staggered with one-third
(1/3) of such directors elected or appointed each year.
The terms of
minority directors shall be staggered with as near to one-third (1/3) as possible
appointed each year.
(C) The regular term of office of an elected
,
or
public
, or minority
director shall commence on adjournment of the annual meeting
of the State Bar next following election or appointment and continue until
the adjournment of the third annual meeting next following election or appointment.
...
Section 3. Composition of the Board
The board shall be composed of the officers of the State Bar, the president, president-elect, and immediate past president of the Texas Young Lawyers Association, not more than thirty (30) members of the State Bar elected by the membership from their district as may be determined by the board, six (6) persons who are not licensed attorneys, known as public directors, who do not have, other than as consumers, a financial interest in the practice of law , and four (4) minority directors appointed by the president and confirmed by the Board. The Board may, in its discretion, also include other members who shall be non-voting board members .
...
Section 5. Qualification of Officers and Directors
(A) No person may serve as an officer or director who,
...
(5) ... as to an elected director, has his principal place of practice in the same county as the last preceding director from that district, except for an elected director in a Metropolitan County or in El Paso County, and except as necessary to achieve a rebalancing of the sizes of the Board classes in accordance with the provisions of Art. IV, §8(C) .
...
(8) ... as to a director,
fails to attend without good cause, any
two (2) consecutive regular meetings of the board or any four (4) meetings
of the board
is absent from more than half of the regularly scheduled
board meetings that the director is eligible to attend during a calendar year
without an excuse approved by a majority vote of the board
.
...
(11) ... as to a director or a director's spouse, is an officer, employee, or paid consultant of a Texas trade association in the field of board interest as defined in State Bar Act §81.028 .
...
(C) The board shall provide a training program for board members that meets the requirements of §81.0201 of the State Bar Act. No person who is elected or appointed to and qualifies for office as a member of the board of directors may vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program that complies with the requirements of §81.0201 of the State Bar Act.
...
Section 8. Director Vacancies and How Filled
(A) Death of a board member, judgment of incompetency, a board member's
resignation or any failure to qualify shall create a vacancy. In case of a
vacancy
in
as to
an elected director
ship
,
the president, shall appoint a member whose principal place of practice is
within the district within which the vacancy has occurred
to serve until
the next annual election of directors
. Vacancies in ex officio directorships
shall be filled by the person who succeeds to the office in the State Bar
or in the Texas Young Lawyers Association to which such directorship is incident,
except that the directorship incident to the office of immediate past president
of the State Bar or Texas Young Lawyers Association or immediate past chairperson
of the board of the State Bar shall be filled by the most recent holder of
such offices respectively who is willing to serve. Vacancies in public
and minority
directorships shall be filled in the same manner and by
the same authority designated by statute to fill such positions.
(B) Persons filling such vacancies shall meet the same requirements and
shall qualify in the same manner as those assuming the office of director
for the full term.
A person succeeding to an ex officio or public director
vacancy shall serve the balance of the term of the particular directorship
vacated.
(C) The board may adopt appropriate procedures for the purpose of equalizing the size of the classes of the board of directors. Once such equalization is accomplished, then those appointed to fill a vacancy shall serve the balance of the term of the particular position vacated.
(D) The board of directors may remove a director from the board at any regular meeting by resolution declaring the director's position vacant, pursuant to §81.027(a) of the State Bar Act or Article IV, §5 of these Rules.
Section 9. Executive Committee
(A) The executive committee of the board shall consist of the president,
president-elect, the chair
person
of the board, the immediate past
president of the State Bar, president of the Texas Young Lawyers Association
and such other persons as the
board
president
may
designate
appoint
. The president shall be chair
person
, and the board chair
person
shall be the vice-chair
person
of the executive committee and
he
shall
preside in the chair
person
's absence.
TRD-200700973
Jody Hughes
Rules Attorney
Supreme Court of Texas
Filed: March 13, 2007
Public Notice - Creation of Specialty License Plates
Under Title 43, Texas Administrative Code, §17.28(i)(1)(D), the Texas Department of Transportation is required to publish notice of all tentatively approved specialty license plates for public comment. The department will accept comments on these specialty license plates until April 2, 2007.
The specialty license plate tentatively approved and open for comment is: Adopt-A-Beach. This plate will be available to the general public and will not have qualifying restrictions. The license plate image may be viewed at: www.txdot.gov, keyword: plate vote. All comments will be considered prior to the final decision.
Please e-mail comments to cflores@dot.state.tx.us or write to Christina Flores, Texas Department of Transportation, Vehicle Titles and Registration Division, 4000 Jackson Avenue, Austin, Texas 78779-0001. For more information go to www.txdot.gov.
TRD-200701004
Bob Jackson
General Counsel
Texas Department of Transportation
Filed: March 14, 2007
Notice of Request for Proposal
In compliance with Chapter 2254, Texas Government Code, the University of Houston System for and in behalf of the University of Houston-Victoria, furnishes this notice of Request for Proposal. The University of Houston-Victoria (UHV) is seeking to hire a marketing consultant to recommend organizational structure for optimal operation of the communications, marketing and web functions; to assist the university in developing, implementing, and conducting ongoing evaluation of an integrated marketing and communication plan; to help develop a marketing campaign for UHV's new athletic program consistent with university goals. This advice and consultation is authorized and supported by the UHV President as being of substantial need and necessary in performing the needed evaluation.
UHV's preference is to have an organizational structure recommendation by July 1, 2007. The consultant will work closely with key UHV personnel to develop marketing plans which promote the university's image and brand (both traditional and electronic); increase enrollment; support development efforts; and roll out athletics, with continued assessment and adjustment as deemed necessary for the remaining term of the contract.
The term of this contract is to be for one year period beginning on or about May 1, 2007, and ending April 30, 2008, and subject to a one (1) year renewal at the option of the University. Further assistance can be obtained from Lydia Huber, Purchasing Agent at (361) 570-4823, email huberl@uhv.edu. All proposals must be specific and responsive to the criteria set forth in this request. Successful Proposer will be required to execute a UHV Consulting Agreement.
SCOPE OF WORK: The consultant will be expected to have in place at the conclusion of this project the following: (A) Evaluate the university's current organizational structure with respect to marketing, communication, web and, if possible, information management, and make recommendations regarding a flexible, effective structure, with consideration of reporting structure, staffing needs, committee participation, and budget. The recommended structure should address UHV's priorities of increasing enrollment and financial support. (B) Assist key personnel in marketing UHV's nascent athletic programs, and in developing a long-term marketing plan for athletics which complements UHV's overall mission and vision. (C) Assist key personnel in developing, implementing, and evaluating an integrated marketing communication plan to promote the university's image with diverse constituents in multiple markets in order to increase enrollment and financial support of the institution. (D) Assist key personnel in developing a web strategy which supports a cohesive university image consistent with the integrated marketing communication plan; offers students a user-friendly interface with university resources; respects the unique identities of individual schools and programs; simplifies web management; and effectively communicates with all constituents.
INFORMATION ABOUT THE UNIVERSITY OF HOUSTON-VICTORIA: The University of Houston-Victoria is an upper-level and graduate institution with selected bachelor's and master's degree programs in arts and sciences, business administration, and education. Although the University primarily serves commuting students from Victoria and surrounding counties, UHV also offers degree programs, in collaboration with other UH System institutions, at off-campus centers at Sugar Land and Cinco Ranch in Fort Bend County, and offers courses at a number of other off-campus sites in the region. The current student enrollment is approximately 2,600 students. Of the 2,600 students about 40% of them are from Victoria and the thirteen surrounding counties; about 49% are from Fort Bend and Harris County, 9% from all other counties in Texas and the remaining 2% are either out of state or foreign students.
DEADLINE FOR PROPOSALS: Submit one original and three (3) copies of your proposal in a sealed envelope to: Purchasing Office, University of Houston-Victoria, 3007 North Ben Wilson, University West, Room 107D, Victoria, Texas 77901 before 3:00 PM CST on April 23, 2007. The original shall be prepared on a word processor and shall be of good, readable quality.
COMPLIANCE WITH RFP REQUIREMENTS: By submission of a Proposal, a Proposer agrees to be bound by the requirements set forth in this RFP. UHV, at its sole discretion, may disqualify a Proposal from consideration, if it determines a Proposal is non-responsive, incomplete, not properly certified and signed, not readable or otherwise non-compliant in whole or in part, with the requirements set forth in this RFP.
SIGNATURE, CERTIFICATION OF PROPOSER: The Proposal must be signed and dated by a representative of the Proposer who is authorized to bind the Proposer to the terms and conditions contained in this RFP and to compliance with the information submitted in the proposal. Each Proposer submitting a Proposal certifies to both (i) the completeness, veracity, and accuracy of the information provided in the proposal and (ii) the authority of the individual whose signature appears on the Proposal to bind the Proposer to the terms and conditions set forth in this RFP. Proposals submitted without the required signature shall be disqualified.
USE, DISCLOSURE OF INFORMATION: Proposers acknowledge that UHV is an agency of the State of Texas and is, therefore, required to comply with the Texas Public Information Act. If a Proposal includes propriety data, trade secrets, or information that Proposer wishes to except from public disclosure, then the Proposer must specifically and clearly label each section or page of such data, secrets, or information as follows: "PRIVILEGED AND CONFIDENTIAL-PROPRIETARY INFORMATION". To the extent permitted by law, information labeled by the Proposer as proprietary will be used by UHV only for purposes related to or arising out of the (i) evaluation of Proposals, (ii) selection of a Proposer pursuant to the RFP process, and (iii) negotiation and execution of a Contract, if any, with the Proposer selected.
RECESSION OF PROPOSAL: A Proposal can be withdrawn from consideration at any time prior to expiration of the Deadline for Proposals by sending a written or email request to the Purchasing Office.
REQUEST FOR CLARIFICATION: UHV reserves the right to request clarification of any information contained in a Proposal and to ask for and consider any additional information deemed beneficial in evaluation of the Proposals.
ADDENDA TO THE RFP: Addenda, if any, will be posted to the Texas Register. If necessary, as determined by UHV, Proposers will be allowed time to revise and supply additional information in response to such addenda.
EVALUATION OF PROPOSALS: The Proposals will be reviewed in accordance with the criteria set forth in this RFP. Each Proposer must provide current, accurate, complete information about all of the following in support of its Proposal (please provide your response in the format below): (A) Business, Financial information (i) Name, address, telephone number and title of the person(s) whom UHV can contact about the proposal; (ii) Provide an overview of your firm, including whether you would be considered a local, regional, or national firm and the demographics of your client base; (iii) Provide the total number of personnel employed by your firm; (iv) State of Texas Historically Underutilized Business (HUB) status or other minority certification, if any; (v) Billing frequency proposed. (B) Services and Consulting Methodology: (i) Description of Services the Proposer is able to provide; (ii) Describe in sufficient detail the methodology you will employ and tasks you will perform to achieve the goals of the project as set forth in this RFP; (C) Experience: (i) Describe your firm's experience as a marketing consultant for organizations of similar size, structure, and scope of work required. Successful examples of your innovations, strategies or ideas should be included. (ii) Length of time and years during which the Proposer has provided the type of services contemplated by this RFP; (iii) Provide name, title, telephone number and resume of each person who will be assigned to our account; (iv) Disclose if you intend to subcontract any service and if so, identify the service and vendor. (D) References: Provide a list of three clients, preferably colleges/universities, for whom the Proposer has provided Marketing Consultant services within the last three years, including name of firm, contact person's name, title, address, telephone number, and brief scope of project; (E) Performance Timetable: Indicate the number of hours that you believe is necessary and appropriate for your firm to complete each of the tasks described in the Scope of Work. Also indicate the number of meetings with the UHV Personnel and method of contact (i.e.: telephone, on-site face-to-face, ITV). Recommended time should be identified for each role identified in this RFP and totaled for all aspects of the project. The University envisions an initial meeting between UHV Personnel and the Successful Proposer; interim contact, as necessary; and a final on-site meeting for delivery and presentation of the final written report. (F) Fees: Provide a fee schedule for the consulting services you will provide. Identify by type and amount any reimbursable expenses over and above the quoted consulting fee.
DISCUSSIONS WITH PROPOSERS: In its evaluation, UHV may conduct discussions and/or negotiations with any Proposer that appears to be eligible for award ("Eligible Proposer") pursuant to the selection criteria ser forth in this RFP.
MODIFICATION OF PROPOSALS: All Eligible Proposals will be afforded the opportunity to submit best and final Proposals if (a) negotiations with any other Proposer result in material alteration of the RFP and (b) such material alteration has a cost consequence that could alter the Proposer's quotations regarding rates for services.
SELECTION AND EVALUATION OF PROPOSER: The Proposer selected will be determined in accordance with the evaluation criteria set forth in this RFP, to be most advantageous to UHV. Proposers acknowledge that UHV is not bound to accept the lowest-priced Proposal and that is subjective judgments must be made in regard to the evaluation process.
CRITERIA FOR EVALUATION: Evaluation of Proposals and award to the Selected Proposer will be based on the following factors, as weighted and listed as follows: (i) Demonstrated ability of the Proposer to meet all the requirements of this RFP as described in the Scope of Work (50%); (ii) Qualifications: References, experience and demonstrated management experience (30%); (iii) Fee Schedule: Rate for Services quoted (20%)
TERMINATION: This RFP in no manner obligates UHV to the eventual purchase of any consulting services described, implied or which may be proposed until confirmed by a written consultant contract. Progress towards this end is solely at the discretion of UHV and may be terminated without penalty or obligation at any time prior to the signing of a contract. UHV reserves the right to cancel this RFP at any time, for any reason and to reject any or all proposals.
TRD-200701018
Brian S. Nelson
Executive Director and Associate General Counsel
University of Houston System
Filed: March 14, 2007
Award of Consultant Contract Notification
The University of Texas System Administration ("University"), in accordance with the provisions of Texas Government Code, Chapter 2254, entered into a contract for consulting services (the "Contract") with Strategic Management Systems, Inc. ("Consultant") as more particularly described in the invitation to consultants to provide offers of consulting services (the "Invitation"), published in the December 1, 2006, issue of the Texas Register (31 TexReg 9769).
Project Description:
In accordance with the Invitation and Consultant's response thereto, Consultant shall conduct evaluations of the compliance functions at each of the institutions of the U.T. System.
Name and Address of Consultant:
Strategic Management Systems, Inc.; 5911 Kingstowne Village Parkway, Suite 210; Alexandria, Virginia 22315
Total Value of the Contract:
$775,000
Contract Dates:
The Contract was executed by Consultant on February 27, 2007 and by University on March 6, 2007, and dated effective February 26, 2007.
Due Dates for Contract Products:
Each evaluation shall be concluded 90 days after initiation of the review.
The term of the Contract shall terminate on December 31, 2010.
TRD-200700962
Francie A. Frederick
General Counsel to the Board of Regents
The University of Texas System
Filed: March 13, 2007