Office of the Attorney General
Notice of Settlement of a Texas Solid Waste Disposal Enforcement Action
Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Solid Waste Disposal Act and the Texas Clean Water Act. Before the State may settle a judicial enforcement action, pursuant to the Texas Water Code, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Acts.
Case Title and Court: Settlement Agreement in State of Texas v. Thomas P. Wood, d/b/a Wood Industries, et al., Cause No. 9216194, 345th Judicial District of Travis County, Texas.
Background: This suit alleges violations of the Texas Solid Waste Disposal and Clean Water Acts at a property outside of San Antonio, Bexar County, Texas. The defendant is Thomas P. Wood, doing business as Wood Industries. The suit seeks injunctive relief, civil penalties, attorney's fees and court costs. The Solid Waste Disposal Act violations are for storage and disposal of solid waste without a permit. The Clean Water Act violations are for storing solid waste in a manner that threatened discharge of waste into waters in the State.
Nature of Settlement: The settlement awards the State a $250,000 civil penalty, which is deferred until Wood completes the injunctive relief, but only so long as he is complying with the injunction. If Wood fully complies with the injunctive relief, $200,000 of the civil penalty is forgiven. The settlement also awards $15,000 in attorney's fees, and payment of this award is deferred until Wood completes the injunctive relief, so long as he is complying with the injunction. Finally, the settlement also awards extensive injunctive relief.
For a complete description of the proposed settlement, the proposed Agreed Final Judgment should be reviewed. Requests for copies of the judgments and written comments on the proposed settlement should be directed to Mary Smith, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0052. Written comments must be received within 30 days of publication of this notice to be considered.
For more information regarding this publication, contact Lauri Saathoff, Agency Liaison, at (512) 463-2096.
TRD-200701757
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: May 7, 2007
Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program
On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of April 27, 2007, through May 3, 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 May 9, 2007. The public comment period for these projects will close at 5:00 p.m. on June 8, 2007.
FEDERAL AGENCY ACTIONS:
Applicant: City of Freeport; Location: The project is located on the Old Brazos River in Downtown Freeport, Brazoria County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Old Brazos River, USGS Freeport, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 271930; Northing: 3204437. Project Description: The applicant proposes to install a 6-foot-wide dock perpendicular to the shoreline and extending into the waterway for 140 feet. Dredging would be required along 200 feet of the shoreline and extending 20 feet into the waterway. Approximately 1,000 cubic yards of dredge material would be removed. The dredged material would be hauled to an approved dredge material placement area within the city limits of Freeport. CCC Project No.: 07-0183-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-231 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Coastal Coordination Council for review.
Further information on the applications listed above may be obtained from Ms. Tammy Brooks, Consistency Review Coordinator, Coastal Coordination Council, P.O. Box 12873, Austin, Texas 78711-2873, or tammy.brooks@glo.state.tx.us. Comments should be sent to Ms. Brooks at the above address or by fax at (512) 475-0680.
TRD-200701769
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: May 8, 2007
On July 6, 2006, the Coastal Coordination Council (Council) submitted a comprehensive package of routine program changes to the state Coastal Management Program (CMP) 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 addressed changes to the CMP since its approval by NOAA in December 1996.
On November 2, 2007, the Council received a letter from NOAA informing it that the changes to 31 Texas Administrative Code (TAC) Part 16 Chapters 501, 503, 504, and 505 were routine program changes and approved the incorporation of those changes as enforceable policies of the Texas CMP. The General Land Office withdrew its submission of program changes for Chapter 506 because of changes to the federal regulations, 15 C.F.R. part 930, adopted in 2006. A separate submission of the Chapter 506 amendments will be made in the future.
The changes to Council rules approved by NOAA covered the period of January 1997 through October 2004. These rule changes may be found in 31 TAC Chapters 501, 503, 504, 505, & 506. The program change package also included an amended Memorandum of Agreement between the Council and the U.S. Army Corps of Engineers, which was part of the CMP approved by NOAA, in Appendix E1 of the Texas CMP Final Environmental Impact Statement, August 1996.
The program changes addressed several categories: Program Administration and Council Procedures (various sections in 31 TAC Chapters 501, 505 and 506); CMP Boundary (§§501.3(b)(5) and 503.1); Permitting Assistance Program (Chapter 504); Natural Resource Damage Assessment Restoration Plans (§§506.12(a)(1)(F)(ii) and 506.20(c)); Total Maximum Daily Loads (§501.21(a)(4) & §506.12(a)(2)(A)(iv)); Shore Protection Projects (§501.26); and Federal Consistency Requirements (various sections in Chapter 506).
No new enforceable policies were added to the CMP with these program changes. However, the following two policies were amended: Discharge of Municipal and Industrial Wastewater to Coastal Waters (31 TAC §501.21) and Construction in the Beach/Dune System (31 TAC §501.26).
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. A copy of the OCRM letter informing the Council of approval of the TAC amendments as routine program changes may be obtained by contacting Mr. Ben Rhame, Coastal Resources Division, Texas General Land Office, P.O. Box 12873, Austin, Texas 78711-2873, ben.rhame@glo.state.tx.us.
TRD-200701768
Larry L. Laine
Chief Clerk/Deputy Commissioner
Coastal Coordination Council
Filed: May 8, 2007
Request for Qualifications - #178c - Independent Examining Services
Pursuant to Senate Bill 1458, 77th Texas Legislature codified in Subchapter A, Chapter 111, §111.0045, Texas Tax Code, the Comptroller of Public Accounts (the Comptroller) issues this Request for Qualifications (RFQ #178c) from qualified independent persons or firms to perform certain services. As a clarification, as used in this RFQ #178c and the Comptroller's rules codified at 34 TAC §3.3, the services under any contracts resulting from this RFQ mean tax compliance examination services; such services do not include any attestation services or rendition of an opinion of any nature by any such contractors.
The Comptroller issued this RFQ #178c by posting it on the Electronic State Business Daily on May 18, 2007, and, by publishing this RFQ #178c in the May 18, 2007, issue of the Texas Register. The Comptroller solicits a Statement of Qualifications pursuant to Chapter 2254, Subchapter A, of the Texas Government Code from persons or firms that are interested in contracting with the Comptroller to perform examinations that meet the requirements of Section 111.0045, Texas Tax Code, administrative rules adopted and procedures established by the Comptroller under that statute, and other applicable law. The Comptroller has adopted a rule governing contract examiners as codified at 34 TAC §3.3. Under this RFQ, the Comptroller reserves the right to select and contract with one or more persons or firms to conduct these examinations on an as-needed basis. No minimum amount of examinations or compensation is guaranteed to any selected contractor. This RFQ is subject to and contingent upon appropriations for the contract examination program from the Texas Legislature and the extent thereof for the state biennium beginning September 1, 2007 and ending August 31, 2009.
The Comptroller solicits Statements of Qualifications in response to this RFQ from existing contract examiners as well as qualified persons or firms not currently or previously under contract with the Comptroller. All respondents, including contract examiners selected under previous RFQs must attend Mandatory Orientation conducted by the Comptroller prior to receipt of any examination packages under any contract awarded under this RFQ. The contract term shall be for one year ending August 31, 2008 with (2) two renewal options of (1) one year each exercised (1) one year at a time.
By this contract examination program, the Comptroller intends to increase the number of examinations of taxpayers. The Comptroller has implemented a program to contract with interested persons and firms that meet the following minimum qualifications and other reasonable qualifications established by the Comptroller consistent with Section 111.0045, Texas Tax Code the Comptroller's administrative rules and procedures and other applicable law.
The Comptroller will accept Statements of Qualifications in response to this RFQ from firms and individuals that have the following minimum qualifications:
(i) a bachelor's degree from an accredited senior college or university with a minimum of twenty-four (24) hours of accounting, including six (6) hours of intermediate accounting and three hours of auditing; and
(ii) one (1) year of experience in Texas tax auditing, accounting, or other Texas tax services.
For state fiscal year 2008 beginning September 1, 2007, the Comptroller will select, in its sole discretion, those qualified contract examiners to perform examinations on an as-needed and as-assigned basis that the Comptroller identifies as appropriate for inclusion in such contracts. At the time of assignment, the Comptroller will provide selected contract examiners with a preliminary examination package containing the identity and requisite information for each taxpayer that will be examined under the contract. The contracts will provide for one or more awards of not to exceed $180,000 firm fixed price payment to the examiner upon successful completion of the assigned examinations (final examination package) and the Comptroller's written acceptance of the examination report and other contract deliverables, including workpapers. Awards shall be based on the qualifications of the examiners proposed in the Statement of Qualifications submitted. Individual examiners submitting Statements of Qualification who have no other examiner employees shall be considered, in the Comptroller's sole discretion, for one (1) $60,000, $75,000, $90,000, or $120,000 award and individual examiners with at least one (1) employee examiner. Firms in the form of any business entity that may lawfully perform examinations and which have two (2) or more examiners may be considered, in the Comptroller's sole discretion, for multiple awards per firm of $60,000, $75,000 or $90,000 not to exceed $180,000 per fiscal year during the Contract term. Barring unforeseen circumstances only one (1) round of awards will be made at the beginning of the one (1) year initial contract term; however, the Comptroller reserves the right, in its sole discretion, to make additional awards during the one (1) year initial contract term. The Comptroller reserves the right, in its sole discretion, to reallocate, after their initial assignment, examination packages among contract examiners based on the Contractor's substantial performance or non-performance under the Contract terms so as to increase or decrease the number of examinations assigned to a particular contract examiner. Payment will be made in accordance with the terms of the Contract. Each Contract will require the examiner to perform and complete the examinations, including the examination reports, for a group of taxpayers that, based on historical examination completion data, should require about 1280 person hours of work for each $60,000 amount to complete at the rate of $46.88 per hour. Examiners will be paid for assigned work completed to date in $10,000 increments (except the last payment, if applicable) upon completion of a set number of the examinations assigned as determined by the Comptroller and, upon submission to and acceptance by the Comptroller as provided in the Agreement.
In performing assigned examinations and for the contracted lump sum payments, selected contract examiners will complete all work necessary to identify the correct amount of tax that should have been reported by each taxpayer and provide the Comptroller with the data and other information necessary to support any assessment of tax or refund of tax that results from the examination report. Selected contract examiners will also provide any time reports and other written documentation required by the Comptroller. The Comptroller will not make any payments in advance.
Under this RFQ, the maximum contract amount paid to any individual examiner without additional examiner employees, an individual examiner with additional examiner employees or a firm with multiple examiners will not exceed $180,000.00 for the FY 2008.
Selected contract examiners must complete all work and submit all examination reports, workpapers and other deliverables no later than required under the terms of the proposed Agreement.
Selected contract examiners must meet professional conflict of interest standards and other standards established by the Comptroller to ensure the independence of each assigned examination.
Regarding prior employment with the Comptroller, the following provisions shall apply in determining eligibility for contract awards, if any, resulting from this RFQ:
Section 2252.901, Texas Government Code reads as follows: "(a) A state agency may not enter into an employment contract, a professional services contract under Chapter 2254, or a consulting services contract under Chapter 2254 with a former or retired employee of the agency before the first anniversary of the last date on which the individual was employed by the agency, if appropriated money will be used to make payments under the Agreement. This section does not prohibit an agency from entering into a professional services contract with a corporation, firm, or other business entity that employs a former or retired employee of the agency within one year of the employee's leaving the agency, provided that the former or retired employee does not perform services on projects for the corporation, firm, or other business entity that the employee worked on while employed by the agency."
It is the Comptroller's policy that an individual employed by the Comptroller during the last twelve (12) months may not provide services under the Contract as individual or employee of Contractor or another Contractor and may not receive any compensation under the Contract. The twelve (12) month period is measured from the date of separation from Comptroller employment until the date responses to this RFQ are due as stated on Page 4 of the RFQ.
Section 572.054, Texas Govt Code, reads in pertinent part as follows: "b) A former state officer or employee of a regulatory agency who ceases service or employment with that agency on or after January 1, 1992, may not represent any person or receive compensation for services rendered on behalf of any person regarding a particular matter in which the former officer or employee participated during the period of state service or employment, either through personal involvement or because the case or proceeding was a matter within the officer's or employee's official responsibility. (c) Subsection (b) applies only to: (1) a state officer of a regulatory agency; or (2) a state employee of a regulatory agency who is compensated, as of the last date of state employment, at or above the amount prescribed by the General Appropriations Act for step 1, salary group 17, of the position classification salary schedule, including an employee who is exempt from the state's position classification plan."
This §572.054(b) prohibition against working on matters that the former employee participated in while employed by the Comptroller applies without limitation to any such past actions by the employee even if longer than twelve (12) months, if the employee's compensation exceeded $33,000 annually while employed by the Comptroller at any time during that employee's employment with the Comptroller. Again, it is the Comptroller's policy interpretation that "matter" includes specific examinations of taxpayers.
Time is of the essence in implementation of this program. Respondents to this RFQ must be available to begin accepting assignments no later than September 4, 2007 upon completion of orientation or other timelines established by the Comptroller for such implementation. The Comptroller anticipates awarding multiple master Agreements as a result of this RFQ and will not entertain negotiation of the basic terms and conditions. All respondents will be offered the same master contract terms and conditions. Respondents should not respond to this RFQ if they cannot agree to the terms and conditions of the sample Agreement. Any resulting Agreements are non-exclusive and the Comptroller may issue additional solicitations for the contracted services at any time. The Comptroller is not obligated to assign any examinations to recipients of master contract awards.
Questions; Proposed Contract: Questions concerning this RFQ must be in writing and submitted via hand delivery, facsimile, or E-mail no later than June 1, 2007, 2:00 pm, Central Zone Time (CZT) to Thomas H. Hill, Assistant General Counsel, Contracts, General Counsel Division, Comptroller of Public Accounts, 111 E. 17th St., ROOM G-24, Austin, Texas 78774, telephone number: (512) 305-8673, facsimile (512) 475-0973, (512) 463-3669 or E-mail at contracts@cpa.state.tx.us. The Comptroller's official response to questions received by this deadline will be posted as an addendum to the Electronic State Business Daily notice as soon as possible after receipt; the Comptroller expects to post these official responses no later than June 8, 2007 or as soon thereafter as practicable. Respondents should note that the Official Response to Questions may contain information modifying the terms and conditions of the RFQ, revising or amending the RFQ and/or other documents attached to the RFQ. For these reasons, respondents should carefully review and consider the Official Response to Questions, amendments or modifications before submitting their Statements of Qualification. A copy of the sample master contract, the standard form Respondent Questionnaire described below, mandatory Execution of Statement of Qualifications Form, Required Checklist for Statements of Qualification, and other required documents are all attached to this RFQ for reference and use by respondents.
Closing Date: An original with original ink signatures on each document within the Statement of Qualifications requiring signatures and ten (10) hard copies of each Statement of Qualifications clearly marked as copies must be overnighted or hand delivered to and received in the Office of the Assistant General Counsel, Contracts, at the address specified above no later than 2:00 p.m. (CZT), on Friday, June 22, 2007. Statements of Qualifications received after this time and date will not be considered. No Statements of Qualification will be accepted in any other format or media other than hard copy. Respondents shall be solely responsible for confirming the timely receipt of Statements of Qualifications.
Content: Statements of Qualifications must include all of the following information in order to be considered:
1. Checklist in format of Exhibit G to this RFQ as posted on the addenda to the Electronic State Business Daily notice of issuance of this RFQ;
2. Transmittal letter that
(a) describes specific experience and qualifications of both the firm and each individual in the conduct of state tax examinations; and
(b) outlines the respondent's understanding of §111.0045, Texas Tax Code, other relevant provisions of the Texas Tax Code and other related enabling legislation related to conduct of these examinations on an as needed basis;
3. Respondent Identifying Information. The respondent must provide the following identifying information: a. name and address of the individual or business entity submitting the proposal; b. names of all principals; c. type of business entity (i.e. sole proprietorship, corporation, partnership, limited liability company, etc); d. state of incorporation or organization and principal place of business (attach copies of articles or other certificates showing official approval by the pertinent governmental entity); e. name and location of each local examination facility that relates to the respondent's performance under this RFQ; f. name, address, business and home telephone number, fax number, cell phone number, and e-mail address of the respondent's principal contact person regarding the Contract; g. the respondent's Federal Employer Identification Number and Texas Tax Identification/Registration Number, if any; h. full name and address, telephone number, fax number, cell phone number and e-mail address for each shareholder, member, partner, and employee of the respondent who will perform services on the Contract; i. detail any firm ownership changes which have occurred in the last three years. Are any changes pending? j. detail any joint ventures or affiliations.
4. Respondent Questionnaire Exhibit A to the RFQ for each individual who will be involved in the project. The Respondent Questionnaire must be on the form contained on the addenda to the Electronic State Business Daily notice of issuance of this RFQ. This response to the RFQ must disclose all personnel who will perform professional services under the terms of the Master Agreement. Respondent understands only those persons disclosed by the Respondent Questionnaire will be admitted to the required orientation classes. This provision will be strictly enforced. All information on the Respondent Questionnaire form must be fully filled out and complete in all respects. Evaluation of respondents will be based in part on the information on this form and it is vitally important that the information be fully complete and accurate. Failure to submit a complete, separate, and signed Respondent Questionnaire detailing all courses, dates, and subject of courses by each person who applies to perform examination services may result in disqualification of the Statement of Qualifications;
5. A sample Examination Plan providing a list of the examination procedures and resources that will be utilized to conduct these examinations on an as needed basis if selected by the Comptroller. The Examination plan should list or describe the actual procedures to be used in sufficient detail so as to demonstrate an understanding of internal control, record keeping, and taxpayer reporting responsibilities for sales tax and the appropriate examination procedures necessary for verification of correct amounts of tax. The sample Examination Plan must include all items contained in the General Audit Checklist section of the Comptroller's Auditing Fundamentals Manual, Chapter 3, and all items contained in the Audit Plan published in Chapter 4 of the Comptroller's Sales Tax Audit Policy/Procedures Manual. The sample examination plan should include all necessary procedures and instructions for completing those procedures in sufficient detail to allow any person who meets the one year experience requirement in 34 TAC §3.3 to properly perform a sales and use tax examination with minimal supervision. If portions of any Comptroller publication, manual, or other document are used to prepare the examination plan or incorporated into the plan, the most current version must be used. The Comptroller's audit manuals may be found at the following internet location:
http://www.window.state.tx.us/taxinfo/audit/auditman.htm. Also see the Comptroller's Auditing Fundamentals Manual, Chapter 3 and 4 at http://www.window.state.tx.us/taxinfo/audit/auditfun/3aplan.htm and http://www.window.state.tx.us/taxinfo/audit/auditfun/4entranc.htm, respectively. Chapter 3 and 4 of the Sales Tax Policy/Procedure Manual are at http://www.window.state.tx.us/taxinfo/audit/salestax/3a.htm and http://www.window.state.tx.us/taxinfo/audit/salestax/4a.htm, respectively;
6. Proposed sample Workplan (including Timeline, Tasks and Deliverables) to implement each of the examinations after assignment, including
(a) methods for deploying personnel and equipment to perform the examinations timely and otherwise in accordance with each contractual requirement;
(b) methods for making personnel available for orientation and examination;
(c) date availability for each of the personnel to perform assigned examinations;
(d) methods for conducting preliminary (prior to receipt of taxpayer questionnaire) and final (after receipt of taxpayer questionnaire) conflicts checks regarding actual or potential conflicts of interest and notifying the Comptroller prior to accepting or beginning an assignment, and
(e) an understanding of the Audit Flowchart Timelines contained in the appendix of the Comptroller's Audit Fundamentals Manual;
7. Statement of whether or not the respondent is a Historically Underutilized Business (HUB) and its efforts and willingness of the respondent to comply with the HUB requirements of Texas law and administrative rules and regulations. In order to be a Historically Underutilized Business, a respondent must be registered as such with the Texas Building and Procurement Commission according to its rules and regulations concerning the same. You may check their website at www.tbpc.state.tx.us and choose Historically Underutilized Businesses or call the Comptroller's HUB Coordinator, Hilda Galaviz at (512) 463-3911;
8. Confirmation of understanding of and willingness to comply with the policies, directives, rules, procedures and guidelines of the Comptroller and other Standards of Performance established by the Comptroller for the conduct of the assigned examinations;
9. Confirmation of understanding of and willingness to adhere to all provisions of the sample Agreement, including, without limitation, the proposed fee arrangements, as posted on the addenda to the Electronic State Business Daily notice of issuance of this RFQ;
10. Completed, initialed where applicable, and signed Execution of Statement of Qualifications Form on Exhibit B as posted on the addenda to the Electronic State Business Daily notice of issuance of this RFQ;
11. Completed and signed Nondisclosure Agreement on the form set out on Exhibit D to this RFQ as posted on the addenda to the Electronic State Business Daily notice of issuance of this RFQ;
12. Signed letter or letters from a qualified insurance agent or agents containing quotations for ALL OF the required insurance coverages set out in Section VIII of the Master Agreement for Professional Services and stating that the coverages are available to the respondent upon selection, if any, of the contract examiner pursuant to this RFQ. In the alternative, respondents may submit current certificates of insurance showing the required coverage is already in force and in effect. Failure to provide information on EACH of the required coverages may result in disqualification of the Respondent's Statement of Qualifications. Respondent's insurance agents shall be ready to immediately issue policies and certificates upon notification of the Respondent's selection. Time is of the essence and no Agreements will be executed without the coverage required. A successful Respondent's preliminary selection may be rescinded due to failure to have the required insurance coverage by the time set by the Comptroller;
13. Completed, signed, and initialed where applicable Criminal History Certification on the form set out on Exhibit E to this RFQ as posted on the addenda to the Electronic State Business Daily notice of issuance of this RFQ;
14. Completed and signed Family Code Certification on the form set out on Exhibit F to this RFQ as posted on the addenda to the Electronic State Business Daily notice of issuance of this RFQ;
15. Signed Statement of representation that the respondent and any persons holding equity interests in respondent and all persons listed as examiners in its Statement of Qualifications are neither respondents under any other Statement of Qualifications responding to this RFQ, nor are employed by, contracted with, and do not own any equity or debt interest in any other respondent to this RFQ; and
16. Compliance with any amendments, modifications, or other requirements and changes to the RFQ set out in the Official Response to Questions in connection with this RFQ and posted by the Comptroller on the Electronic State Business Daily prior to the Closing Date for this RFQ. The above 16 items shall be submitted in the respondent's Statement of Qualification as separate and independent numbered sections corresponding to the above items. Failure to properly label and fully respond to each of the 16 items above may result in disqualification of the respondent but the Comptroller reserves the right to waive minor variations in responses in the best interests of the Comptroller and of the State of Texas.
Mandatory Orientation Session: Respondents must attend, at their sole cost and expense, mandatory orientation session to be conducted by the Comptroller in Austin on August 14, 2007 through August 16, 2007 or as soon thereafter as possible. Questions regarding this mandatory session should be submitted prior to the deadline for submission of other written questions on this RFQ.
Evaluation and Award Procedure: All qualifying Statements of Qualifications received by the deadline above will be evaluated based on the evaluation criteria set out on Exhibit H attached to and made a part of this RFQ. The Comptroller will make the final selections in accordance with Chapter 2254, Subchapter A, Texas Government Code in its sole discretion in the best interests of the Comptroller and the State of Texas. Successful Respondents will be notified by e-mail of their preliminary selection prior to the Mandatory Orientation Session. Notice of contract awards will be published in the Electronic State Business Daily and the Texas Register as soon as possible after all Agreements , if any, resulting from this Statement of Qualifications, are fully executed. Respondents who do not receive a preliminary selection e-mail notice before the Orientation Session should assume that they were not selected although the official notice of award will be not be published at the time of the Mandatory Orientation Session but will be posted at the time stated in the Summary of Schedule in the last paragraph of this RFQ or as soon as practical thereafter. The Electronic State Business Daily may be accessed online at: http://esbd.tbpc.state.tx.us/.
Protests. Protests regarding this RFQ or actions taken under it shall be governed by the Comptroller's rule located at 34 Texas Administrative Code Section 1.72, Protests of Agency Purchases.
Limitations: The Comptroller reserves the right to accept or reject any or all Statements of Qualifications submitted in response to this RFQ. The Comptroller reserves the further right to evaluate individual examiners employed by a firm or who are employees of a respondent and approve of contract examiners on an individual basis based on the evaluation criteria. The Comptroller is not obligated to execute any contract or contracts or any specific number of contracts as a result of issuing this RFQ. The Comptroller further reserves the right to issue additional RFQs or other solicitations for the contracted or similar services at any time as the Comptroller determines are necessary to ensure an adequate number of examiners for any assigned examination under this program or any similar program. The Comptroller shall pay no costs or any other amounts incurred by any entity in responding to this RFQ. The Comptroller reserves the right to award contracts on the basis of the need to achieve appropriate examination coverage in all geographical areas of the State of Texas and/or nationwide and to evaluate respondents in a manner that will best achieve this need.
Upon written request by the Comptroller after notice of tentative contract award and prior to contract signature, the Successful Respondents (and no other respondents) must provide to the Comptroller electronic copies of its complete Statement of Qualification as submitted in response to this RFQ. No later than the deadline established by the Comptroller for its receipt of such electronic copies, the Successful Respondents shall deliver to the Comptroller a total of four (4) CDs with the following material prior to its signature on the contract, if any, resulting from this RFQ: * Four CDs, each containing a complete copy of the Successful Respondent's Statement of Qualifications in pdf format. A complete copy of the Statement of Qualifications includes all documents contained in the Statement of Qualifications submitted in response to this RFQ including those documents with the Successful Respondent's signature. These four identical CDs should each be titled: "Complete copy of [Name of the Successful Respondent]'s Statement of Qualifications Comptroller's RFQ#178c."
Summary of Schedule: The anticipated schedule is as follows: Issuance of RFQ by publication in the May 18, 2007, issue of the Texas Register and issuance of RFQ, including sample contract, on Electronic State Business Daily - May 18, 2007, 10:00 a.m. CZT; Questions Due - June 1, 2007, 2:00 p.m. CZT; Posting of Official Responses to Questions - June 8, 2007, 5:00 p.m. CZT or as soon thereafter as practical; Statements of Qualifications Due - Friday, June 22, 2007, 2:00 p.m. CZT; Contract Execution - July 12, 2007, or as soon thereafter as practical; Notice of Contract Awards posted on Electronic State Business Daily and Texas Register - July 16, 2007 or as soon thereafter as practical; Mandatory Orientation - August 14, 2007 through August 16, 2007; and Beginning of Examinations - September 4, 2007 upon completion of Orientation, or as soon thereafter as practical.
TRD-200701788
Pamela G. Smith
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: May 9, 2007
Notice of Rate Bracket Adjustment
The Consumer Credit Commissioner of Texas has ascertained the following brackets and ceilings by use of the formula and method described in TEX. FIN. CODE §341.203. 1
The amounts of brackets in TEX. FIN. CODE §342.201(a) are changed to $1,710.00 and $14,250.00, respectively.
The amounts of brackets in TEX. FIN. CODE §342.201(e) are changed at $2,850.00, $5,985.00, and $14,250.00, respectively.
The ceiling amount in TEX. FIN. CODE §342.251 is changed to $570.00 and $1,140.00, respectively.
The amounts of the brackets in TEX. FIN. CODE §345.055 are changed to $2,850.00 and $5,700.00, respectively.
The amounts of the bracket in TEX. FIN. CODE §345.103 is changed to $2,850.00.
The ceiling amount of TEX. FIN. CODE §371.158 is changed to $14,250.00.
The amounts of the brackets in TEX. FIN. CODE §371.159 are changed to $171.00, $1,140.00, and $1,710.00, respectively.
The above dollar amounts of the brackets and ceilings shall govern all applicable credit transactions and loans made on or after July 1, 2007, and extending through June 30, 2008.
1 Computation method: The Reference Base Index (the Index for December 1967) = 101.6. The December 2006 Index = 587.3. The percentage of change is 578.05%. This equates to an increase of 570% after disregarding the percentage of change in excess of multiples of 10%.
TRD-200701772
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: May 8, 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 05/14/07 - 05/20/07 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 05/14/07 - 05/20/07 is 18% for Commercial over $250,000.
1Credit for personal, family, or household use.
2Credit for business, commercial, investment, or other similar purpose.
TRD-200701771
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: May 8, 2007
Notice of Correction: Request for Applications (RFA) Concerning the AchieveTexas College and Career Redesign Grant
The Texas Education Agency (TEA) published Request for Application (RFA) #701-07-110 concerning the AchieveTexas College and Career Redesign Grant in the March 30, 2007, issue of the Texas Register (32 TexReg 1925).
The TEA is amending the Deadline for Receipt of Applications paragraph in the Texas Register notice to read, "Applications must be received in the Document Control Center of the TEA by 5:00 p.m. (Central Time), Thursday, June 14, 2007, to be considered for funding." This correction reflects a change from the original deadline date of Tuesday, May 22, 2007.
Further Information. For clarifying information about the RFA, contact Kathy Mihalik, Division of Discretionary Grants, TEA, (512) 463-9269.
TRD-200701783
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: May 9, 2007
The Texas Education Agency (TEA) published Request for Application (RFA) #701-07-111 concerning the Texas Accelerated Science Achievement Program (Texas ASAP), Cycle 2, 2007-2009 in the April 6, 2007, issue of the Texas Register (32 TexReg 2034).
The TEA is amending the Deadline for Receipt of Applications paragraph in the Texas Register notice to read, "Applications must be received in the Document Control Center of the TEA by 5:00 p.m. (Central Time), Tuesday, June 12, 2007, to be considered for funding." This correction reflects a change from the original deadline date of Tuesday, June 5, 2007.
Further Information. For clarifying information about the RFA, contact Amy Werst, Division of Discretionary Grants, TEA, (512) 936-7238.
TRD-200701782
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: May 9, 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 June 18, 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 June 18, 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: Andrew Pena dba A-One Aircraft Paint; DOCKET NUMBER: 2007-0398-IHW-E; IDENTIFIER: RN105121891; LOCATION: Midlothian, Ellis County, Texas; TYPE OF FACILITY: aircraft painting service; RULE VIOLATED: 30 Texas Administrative Code (TAC) §335.2(b), by failing to prevent the transportation and processing of industrial hazardous waste to an unauthorized facility; PENALTY: $5,000; ENFORCEMENT COORDINATOR: Alison Echlin, (512) 239-3308; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(2) COMPANY: Akzo Nobel Polymer Chemicals LLC; DOCKET NUMBER: 2006-2039-IHW-E; IDENTIFIER: RN102177391; LOCATION: Deer Park, Harris County, Texas; TYPE OF FACILITY: organic chemical manufacturing; RULE VIOLATED: 30 TAC §335.2(a) and §335.69(a) and (a)(1)(B) and 40 Code of Federal Regulations (CFR) §262.34(a) and §265.195(b), by failing to conduct daily hazardous waste tank inspections and to prevent the unauthorized storage of hazardous waste; 30 TAC §335.69(a)(1)(B) and 40 CFR §265.192(g), by failing to keep on file the certified written assessment for tank systems used to store or treat hazardous waste; 30 TAC §334.431(c) and 40 CFR §268.7(a)(2), by failing to indicate the category of waste on the land disposal restriction form; 30 TAC §335.9(a)(2), by failing to submit a complete and correct annual waste summary; 30 TAC §335.10(b)(17) and (22), by failing to properly complete the Texas uniform hazardous waste manifest; and 30 TAC §335.6(c), by failing to update the facility's notice of registration; PENALTY: $112,770; Supplemental Environmental Project (SEP) offset amount of $45,108 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(3) COMPANY: City of Avinger; DOCKET NUMBER: 2006-1589-MWD-E; IDENTIFIER: RN102181963; LOCATION: Avinger, Cass County, Texas; TYPE OF FACILITY: domestic wastewater system; RULE VIOLATED: 30 TAC §305.125(1), Texas Pollutant Discharge Elimination System (TPDES) Permit Number 14399001, Effluent Limitations and Monitoring Requirements Numbers 1, 2, and 3, and the Code, §26.121(a), by failing to comply with permitted effluent limits; 30 TAC §305.125(17) and TPDES Permit Number 14399001, Monitoring and Reporting Requirements Number 1, by failing to timely submit the monthly discharge monitoring report; and 30 TAC §305.125(17) and TPDES Permit Number 14399001, Sludge Provisions, by failing to timely submit the annual sludge report; PENALTY: $13,766; ENFORCEMENT COORDINATOR: Ruben Soto, (512) 239-4571; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(4) COMPANY: Jackie Brister dba Barefoot Fishing Camp; DOCKET NUMBER: 2007-0030-PWS-E; IDENTIFIER: RN101251924; LOCATION: San Saba County, Texas; TYPE OF FACILITY: campground with a public water supply; RULE VIOLATED: 30 TAC §290.42(l), by failing to develop and maintain a plant operations manual; 30 TAC §290.46(f)(2), by failing to provide public water system operating records at the time of the investigation; 30 TAC §290.45(c)(1)(A)(ii) and Texas Health & Safety Code (THSC), §341.0315(c), by failing to provide a pressure tank capacity of ten gallons per unit with a minimum of 220 gallons for the system; and 30 TAC §290.45(c)(1)(A)(i) and THSC, §341.0315(c), by failing to provide a well capacity of one gallon per minute per unit; PENALTY: $1,150; ENFORCEMENT COORDINATOR: Amy Martin, (512) 239-2540; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(5) COMPANY: Bastrop County; DOCKET NUMBER: 2007-0143-MLM-E; IDENTIFIER: RN100529296; LOCATION: Bastrop, Bastrop County, Texas; TYPE OF FACILITY: recycling center and transfer station; RULE VIOLATED: 30 TAC §335.4, by failing to properly dispose of municipal hazardous waste; and 30 TAC §324.1 and 40 CFR §279.22(c)(1) and §279.31(b)(1), by failing to label or clearly mark a container storing used oil with the words "Used Oil"; PENALTY: $10,250; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.
(6) COMPANY: Steven Benke; DOCKET NUMBER: 2007-0636-PST-E; IDENTIFIER: RN105128516; LOCATION: Castroville, Medina County, Texas; TYPE OF FACILITY: individual; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $210; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(7) COMPANY: City of Big Lake; DOCKET NUMBER: 2007-0018-MWD-E; IDENTIFIER: RN101611820; LOCATION: Reagan County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §210.34 and Authorization Number R10038001 for Reclaimed Water, General Requirements IV, by failing to monitor fecal coliform at least once per week; 30 TAC §210.36(2) and Authorization Number R10038001 for Reclaimed Water, General Requirements V.(a)(2), by failing to timely submit monthly effluent reports; 30 TAC §305.125(17) and TPDES Permit Number WQ0010038001, Sludge Provisions, by failing to timely submit annual sludge report; 30 TAC §305.125(1) and TPDES Permit Number WQ0010038001, Monitoring and Reporting Requirements Number 7.a., by failing to submit noncompliance notifications; and 30 TAC §210.33 and Authorization Number R10038001 for Reclaimed Water, General Requirements III, by failing to only transfer water meeting the limits described for Type II reclaimed water use; PENALTY: $24,850; Supplemental Environmental Project (SEP) offset amount of $19,880 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Plugging Abandoned Water Wells; ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.
(8) COMPANY: Brandom Southwest, Ltd. dba Brandom Cabinets; DOCKET NUMBER: 2007-0276-AIR-E; IDENTIFIER: RN100621002; LOCATION: Hillsboro, Hill County, Texas; TYPE OF FACILITY: cabinet production; RULE VIOLATED: 30 TAC §116.115(b)(2)(F) and (c), Air Permit Number 20883, Special Condition Number 4D, and THSC, §382.085(b), by failing to comply with the total annual emission rate limits; 30 TAC §116.116(a)(1), Air Permit Number 20883, and THSC, §382.085(b), by failing to meet the representations and conditions of Air Permit Number 20883; 30 TAC §116.115(c), Air Permit Number 20883, Special Condition Number 6(C)(2) and (D), and THSC, §382.085(b), by failing to comply with record keeping requirements of Air Permit Number 20883; 30 TAC §122.121 and THSC, §382.054 and §382.085(b), by failing to obtain a federal operating permit; PENALTY: $6,300; ENFORCEMENT COORDINATOR: Audra Ruble, (361) 825-3100; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(9) COMPANY: Stanley Burse; DOCKET NUMBER: 2007-0263-LII-E; IDENTIFIER: RN105068274; LOCATION: Cedar Park and Austin; Williamson and Travis Counties, Texas; TYPE OF FACILITY: landscape business; RULE VIOLATED: 30 TAC §30.5(a) and §344.4, Texas Occupations Code, §1903.251, and the Code, §37.003, by failing to possess an irrigator license; PENALTY: $625; ENFORCEMENT COORDINATOR: Libby Hogue, (512) 239-1165; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.
(10) COMPANY: City of Charlotte; DOCKET NUMBER: 2007-0122-MWD-E; IDENTIFIER: RN101721033; LOCATION: Atascosa County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0010142001, Effluent Limitations and Monitoring Requirements Numbers 1, 3, and 6, and the Code, §26.121(a), by failing to comply with permit effluent limits; and 30 TAC §305.125(17) and TPDES Permit Number WQ0010142001, Sludge Provisions, by failing to submit the annual sludge report; PENALTY: $8,122; Supplemental Environmental Project (SEP) offset amount of $6,498 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Unauthorized Trash Dump Clean-Up; ENFORCEMENT COORDINATOR: Heather Brister, (512) 239-1203; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(11) COMPANY: City of Crockett; DOCKET NUMBER: 2007-0303-MWD-E; IDENTIFIER: RN101609741; LOCATION: Houston County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10154001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations; PENALTY: $4,350; ENFORCEMENT COORDINATOR: Libby Hogue, (512) 239-1165; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(12) COMPANY: Diamond Shamrock Refining Company, L.P.; DOCKET NUMBER: 2005-1948-AIR-E; IDENTIFIER: RN100542802; LOCATION: Three Rivers, Live Oak County, Texas; TYPE OF FACILITY: oil refinery; RULE VIOLATED: 30 TAC §101.20(3) and §116.115(c), Air New Source Permit Numbers 50607 and PSD-TX-331M1, Special Condition 1, and THSC, §382.085(b), by failing to comply with permitted emissions limits; and 30 TAC §101.201(b) and THSC, §382.085(b), by failing to timely submit a complete and accurate final report; PENALTY: $10,228; ENFORCEMENT COORDINATOR: Jessica Rhodes, (512) 239-2879; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(13) COMPANY: City of Eden; DOCKET NUMBER: 2007-0195-MWD-E; IDENTIFIER: RN101920924; LOCATION: Eden, Concho County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0010081001, Final Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations; 30 TAC §305.125(17) and TPDES Permit Number WQ0010081001, Sludge Provisions, by failing to timely submit the annual sludge report; and 30 TAC §305.125(17) and TPDES Permit Number WQ0010081001, Monitoring and Reporting Requirements Number 1, by failing to report the value for maximum single grab concentration for ammonia nitrogen on the discharge monitoring report (DMR); PENALTY: $8,544; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.
(14) COMPANY: Erath County; DOCKET NUMBER: 2007-0117-WQ-E; IDENTIFIER: RN104549969; LOCATION: Erath County, Texas; TYPE OF FACILITY: limestone mining pit; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 CFR §122.26(c), by failing to obtain authorization to discharge storm water associated with an industrial activity; PENALTY: $2,100; ENFORCEMENT COORDINATOR: Ruben Soto, (512) 239-4571; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(15) COMPANY: Exxon Mobil Corporation; DOCKET NUMBER: 2007-0077-AIR-E; IDENTIFIER: RN102579307; LOCATION: Baytown, Harris County, Texas; TYPE OF FACILITY: refinery; RULE VIOLATED: 30 TAC §116.715(a), Flexible Air Permit Numbers 18287 and PSD-TX-730M4/PAL, Special Condition Number 1, and THSC, §382.085(b), by failing to prevent the unauthorized release of air contaminants into the atmosphere; PENALTY: $20,000; Supplemental Environmental Project (SEP) offset amount of $10,000 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(16) COMPANY: Groendyke Transport, Inc.; DOCKET NUMBER: 2007-0634-WQ-E; IDENTIFIER: RN100557990; LOCATION: Borger, Hutchinson County, Texas; TYPE OF FACILITY: transporter; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a multi-sector general permit; PENALTY: $875; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.
(17) COMPANY: Anthony John Riedel dba Hickory Hollow Inn; DOCKET NUMBER: 2007-0278-MWD-E; IDENTIFIER: RN101700201; LOCATION: Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 13939001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with the permitted effluent limits; 30 TAC §305.125(1) and §319.1 and TPDES Permit Number 13939001, Monitoring and Reporting Requirements Number 1, by failing to timely submit monthly DMRs; and 30 TAC §305.125(1) and TPDES Permit Number 13939001, Monitoring and Reporting Requirements Number 1 and Sludge Provisions, by failing to timely submit the annual sludge report; PENALTY: $6,370; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(18) COMPANY: City of Hudson; DOCKET NUMBER: 2006-2011-MWD-E; IDENTIFIER: RN101517878; LOCATION: Angelina County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0011826001, Effluent Limitations and Monitoring Requirements Numbers 2 and 6, and the Code, §26.121(a), by failing to comply with permit effluent limits; PENALTY: $3,060; Supplemental Environmental Project (SEP) offset amount of $2,448 applied to holding a three-day event for the collection and recycling of tires, batteries, electronics, and household appliances; ENFORCEMENT COORDINATOR: Heather Brister, (512) 239-1203; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(19) COMPANY: Hussain Lakhani dba Hulen Stop; DOCKET NUMBER: 2007-0088-PST-E; IDENTIFIER: RN101443059; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; PENALTY: $2,050; ENFORCEMENT COORDINATOR: Philip DeFrancesco, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(20) COMPANY: Marwan Hweidi dba Hicks Country Store; DOCKET NUMBER: 2006-0443-PST-E; IDENTIFIER: RN101433712; LOCATION: Southlake, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A), by failing to provide release detection; PENALTY: $1,750; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(21) COMPANY: Hydro Conduit of Texas, LP dba Rinker Materials Moor-Tex; DOCKET NUMBER: 2007-0264-PWS-E; IDENTIFIER: RN101227676; LOCATION: Sealy, Austin County, Texas; TYPE OF FACILITY: concrete pipe manufacturing plant with a public water supply; RULE VIOLATED: 30 TAC §290.46(e)(4)(A) and THSC, §341.033(a), by failing to employ a water works operator that holds a Class D or higher license; 30 TAC §290.121(a) and (b), by failing to maintain an up-to-date chemical and microbiological monitoring plan; and 30 TAC §290.110(e)(4), by failing to submit a disinfectant level operating report; PENALTY: $1,552; ENFORCEMENT COORDINATOR: Epifanio Villarreal, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(22) COMPANY: INEOS USA LLC; DOCKET NUMBER: 2007-0175-AIR-E; IDENTIFIER: RN100238708; LOCATION: Alvin, Brazoria County, Texas; TYPE OF FACILITY: petrochemical manufacturing plant; RULE VIOLATED: 30 TAC §101.20(3) and §116.715(a), Flexible Permit Number 95/PSD-TX-854, Special Condition Number 1, and THSC, §382.085(b), by failing to comply with permitted emissions limits; PENALTY: $5,225; ENFORCEMENT COORDINATOR: Bryan Elliott, (512) 239-6162; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(23) COMPANY: Irwin Co. Inc. dba I & I Plumbing Inc.; DOCKET NUMBER: 2007-0635-PST-E; IDENTIFIER: RN101732246; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: plumbing with fleet refueling; RULE VIOLATED: 30 TAC §334.51(b)(2), by failing to provide spill containment and overfill prevention; PENALTY: $1,750; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(24) COMPANY: Linda Jarrel; DOCKET NUMBER: 2007-0632-PWS-E; IDENTIFIER: RN105148845; LOCATION: Amarillo, Randall County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $210; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.
(25) COMPANY: Mohammad Saeed Akhtar dba K & P 1 Food Store; DOCKET NUMBER: 2007-0107-PST-E; IDENTIFIER: RN101888543; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.49(a) and the Code, §26.3475(d), by failing to provide proper corrosion protection for the underground storage tank (UST) system; 30 TAC §334.50(a)(1)(A) and the Code, §26.3475(c)(1), by failing to have a release detection method capable of detecting a release from any portion of the UST system; 30 TAC §334.50(d)(1)(B)(ii) and the Code, §26.3475(c)(1), by failing to conduct reconciliation of detailed inventory control records; 30 TAC §334.10(b), by failing to maintain UST records and immediately make available for inspection; and 30 TAC §334.7(d)(3), by failing to provide an amended registration for any change or additional information regarding USTs; PENALTY: $8,400; ENFORCEMENT COORDINATOR: Shontay Wilcher, (512) 239-2136; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(26) COMPANY: La Marque Independent School District; DOCKET NUMBER: 2007-0120-PST-E; IDENTIFIER: RN102827458; LOCATION: La Marque, Galveston County, Texas; TYPE OF FACILITY: transportation facility with non-retail fueling; RULE VIOLATED: 30 TAC §37.815(a) and (b) and TCEQ Agreed Order Docket No. 2003-0804-PST-E, Ordering Provision Number 2, by failing to demonstrate the required financial responsibility; 30 TAC §334.8(c)(5) and the Code, §26.346(a), by failing to ensure the timely renewal of a previously issued UST delivery certificate; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to perform an automatic test for substance loss for each UST; 30 TAC §334.50(b)(2) and the Code, §26.3475(a), by failing to monitor or test each pressurized line for releases; 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475(a), by failing to test the line leak detectors for performance and operational reliability; 30 TAC §334.50(d)(1)(B)(ii) and the Code, §26.3475(a) and (c), by failing to conduct daily and monthly inventory control; 30 TAC §334.49(c)(4) and the Code, §26.3475(d), by failing to have the cathodic protection system tested; 30 TAC §334.49(c)(2)(C) and the Code, §26.3475(d), by failing to inspect the rectifier; and 30 TAC §334.51(b)(2)(C) and the Code, §26.3475(c)(2), by failing to provide proper overfill protection equipment; PENALTY: $30,000; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(27) COMPANY: Jerry Long; DOCKET NUMBER: 2007-0350-SLG-E; IDENTIFIER: RN103099297; LOCATION: Palo Pinto County, Texas; TYPE OF FACILITY: beneficial land use site; RULE VIOLATED: 30 TAC §312.4(a), by failing to obtain authorization from the TCEQ prior to disposing of wastewater treatment plant sludge; and 30 TAC §312.44(c)(2), by failing to meet setback distances from newly constructed, occupied residence; PENALTY: $1,590; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(28) COMPANY: John E. Mitchell; DOCKET NUMBER: 2007-0211-LII-E; IDENTIFIER: RN105132468; LOCATION: Spring, Harris County, Texas; TYPE OF FACILITY: landscape business; RULE VIOLATED: 30 TAC §30.5(a) and §344.4, Texas Occupations Code, §1903.251, and the Code, §37.003, by failing to possess a valid irrigator license; PENALTY: $625; ENFORCEMENT COORDINATOR: Libby Hogue, (512) 239-1165; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(29) COMPANY: Montgomery County Municipal Utility District No. 56; DOCKET NUMBER: 2006-2236-MWD-E; IDENTIFIER: RN102916905; LOCATION: Montgomery County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and (4), TPDES Permit Number 13760001, Permit Condition Number 2.g., and the Code, §26.121(a), by failing to prevent the unauthorized discharges of wastewater from the collection system; 30 TAC §305.125(1) and (9) and TPDES Permit Number 13760001, Monitoring and Reporting Requirement Number 7.b.iv., by failing to timely report the unauthorized discharge of wastewater from the collection system; 30 TAC §305.125(1), TPDES Permit Number 13760001, Effluent Limitations and Monitoring Requirements Numbers 1 and 6, and the Code, §26.121(a), by failing to maintain compliance with permit limits; and 30 TAC §305.125(1) and (9) and TPDES Permit Number 13760001, Monitoring and Reporting Requirement Number 7.c., by failing to consistently provide effluent noncompliance notification reports; PENALTY: $12,116; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(30) COMPANY: Moore County Hospital District; DOCKET NUMBER: 2007-0633-PST-E; IDENTIFIER: RN101890739; LOCATION: Moore County, Texas; TYPE OF FACILITY: hospital with fleet refueling; RULE VIOLATED: 30 TAC §334.8(c)(5)(A)(i), by failing to possess a valid TCEQ delivery certificate prior to receiving fuel; PENALTY: $875; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.
(31) COMPANY: Murphy Oil USA, Inc. dba Murphy USA 5708; DOCKET NUMBER: 2007-0287-PST-E; IDENTIFIER: RN102264322; LOCATION: West Orange, Orange County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.246(6) and THSC, §382.085(b), by failing to maintain records for the Stage II vapor recovery system; PENALTY: $1,050; ENFORCEMENT COORDINATOR: Philip DeFrancesco, (817) 588-5800; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(32) COMPANY: City of Navasota; DOCKET NUMBER: 2006-1412-MWD-E; IDENTIFIER: RN101608131; LOCATION: Navasota, Grimes County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: the Code, §26.121(a) and TPDES Permit Number WQ0010231001, Permit Conditions Number 2(g), by failing to prevent the unauthorized discharge of untreated wastewater; PENALTY: $8,700; Supplemental Environmental Project (SEP) offset amount of $8,700 applied to holding a city-wide illegal dump site clean up to remove illegally dumped tires, lumber, brush, and other debris from rights-of-way areas within the city limits and at one private property; ENFORCEMENT COORDINATOR: Ruben Soto, (512) 239-4571; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 7510335.
(33) COMPANY: NDV Enterprises, Inc. dba Chubbys 3; DOCKET NUMBER: 2007-0147-PST-E; IDENTIFIER: RN101431708; LOCATION: Liberty, Liberty County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.49(c)(4)(C) and the Code, §26.3475(d), by failing to have the cathodic protection system inspected and tested for operability and adequacy of protection; and 30 TAC §334.22(a) and the Code, §5.702, by failing to pay outstanding UST fees and associated late fees; PENALTY: $2,675; ENFORCEMENT COORDINATOR: Philip DeFrancesco, (817) 588-5800; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(34) COMPANY: PDLA Partners, LP; DOCKET NUMBER: 2007-0083-MLM-E; IDENTIFIER: RN104567961; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: waste generator which owns and operates a former foundry; RULE VIOLATED: 30 TAC §330.15(c) and §335.4, by failing to prevent the disposal of industrial and municipal solid wastes at the site; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(35) COMPANY: John W. Cooke dba Pippen Motor; DOCKET NUMBER: 2007-0319-PST-E; IDENTIFIER: RN104747167; LOCATION: Carthage, Panola County, Texas; TYPE OF FACILITY: car dealership and automotive repair shop; RULE VIOLATED: 30 TAC §334.50(a)(1)(A) and the Code, §26.3475(c)(1), by failing to provide a method of release detection capable of detecting a release from any portion of the UST system; PENALTY: $2,250; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(36) COMPANY: City of Queen City; DOCKET NUMBER: 2005-0658-MLM-E; IDENTIFIER: RN101918910 and RN101388858; LOCATION: Queen City, Cass County, Texas; TYPE OF FACILITY: wastewater treatment and public water supply; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 11225001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with permit effluent limitations; 30 TAC §305.125(17) and TPDES Permit Number 11225001, Sludge Requirements, by failing to submit the annual sewage sludge DMR; 30 TAC §305.125(1) and TPDES Permit Number 11225001, Other Requirements Number 4, by failing to meet the 36-month schedule for construction and completion of the wastewater treatment facilities; 30 TAC §305.125(1) and TPDES Permit Number 11225001, Monitoring and Reporting Requirements Number 7, by failing to report the ammonia daily average effluent exceedances of greater than 40% of the permit limit; and 30 TAC §290.113(b)(1) and (f)(4) and THSC, §341.0315(c), by exceeding the maximum contaminant level for total trihalomethanes; PENALTY: $22,653; ENFORCEMENT COORDINATOR: Michael Limos, (512) 239-4492; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(37) COMPANY: reddy&family inc. dba Turbo Gas; DOCKET NUMBER: 2007-0628-PST-E; IDENTIFIER: RN102859345; LOCATION: Hale County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A), by failing to provide release detection; and 30 TAC §334.50(d)(1)(B), by failing to implement inventory control methods; PENALTY: $3,500; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.
(38) COMPANY: reddy&family inc. dba Kwick Food Mart Turbo Gas; DOCKET NUMBER: 2007-0629-PST-E; IDENTIFIER: RN101831071; LOCATION: Lubbock County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A), by failing to provide release detection; and 30 TAC §334.50(d)(1)(B), by failing to implement inventory control methods; PENALTY: $3,500; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.
(39) COMPANY: City of Shepherd; DOCKET NUMBER: 2006-1877-MWD-E; IDENTIFIER: RN101916666; LOCATION: San Jacinto County, Texas; TYPE OF FACILITY: wastewater system; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 11380001, Final Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with permitted effluent limits; PENALTY: $3,840; Supplemental Environmental Project (SEP) offset amount of $3,072 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RD&D") - Unauthorized Trash Dump Clean-Up; ENFORCEMENT COORDINATOR: Ruben Soto, (512) 239-4571; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(40) COMPANY: Greg Edward Stovall; DOCKET NUMBER: 2007-0125-MSW-E; IDENTIFIER: RN105137327; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: rental property; RULE VIOLATED: 30 TAC §330.7(a), by failing to obtain the required authorization and/or permit from the TCEQ to store municipal solid waste (MSW) and failed to prevent a nuisance; and 30 TAC §330.15(c), by failing to prevent or allow the dumping or disposal of MSW without the written authorization of the commission; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Libby Hogue, (512) 239-1165; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(41) COMPANY: Charles Taylor; DOCKET NUMBER: 2007-0255-PST-E; IDENTIFIER: RN101803864; LOCATION: Coleman, Coleman County, Texas; TYPE OF FACILITY: property with USTs; RULE VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, two USTs; and 30 TAC §334.22(a) and the Code, §5.702, by failing to pay outstanding UST fees and associated late fees; PENALTY: $5,250; ENFORCEMENT COORDINATOR: Deana Holland, (512) 239-2504; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.
(42) COMPANY: Texas Parks & Wildlife Department; DOCKET NUMBER: 2007-0110-MWD-E; IDENTIFIER: RN102455045; LOCATION: Tyler, Smith County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 11738001, Effluent Limitations and Monitoring Requirements Numbers 1, 2, and 3, and the Code, §26.121(a), by failing to comply with the permitted effluent limits; PENALTY: $3,810; ENFORCEMENT COORDINATOR: Kimberly Morales, (713) 767-3500; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(43) COMPANY: The Goodyear Tire & Rubber Company; DOCKET NUMBER: 2007-0337-AIR-E; IDENTIFIER: RN100870898; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: synthetic rubber manufacturing; RULE VIOLATED: 30 TAC §116.715(a), Flexible Air Permit Number 6618, Special Condition 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §101.201(a) and THSC, §382.085(b), by failing to properly notify the TCEQ of an emissions event; PENALTY: $11,856; ENFORCEMENT COORDINATOR: Kimberly Morales, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(44) COMPANY: The Trinity Company dba Lockney Warehouse; DOCKET NUMBER: 2007-0631-WQ-E; IDENTIFIER: RN105148118; LOCATION: Lockney, Floyd County, Texas; TYPE OF FACILITY: warehouse; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a multi-sector general permit; PENALTY: $875; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.
(45) COMPANY: The Trinity Company dba Hale County Compress Bldg. 1 Main; DOCKET NUMBER: 2007-0630-WQ-E; IDENTIFIER: RN105148076; LOCATION: Plainview, Hale County, Texas; TYPE OF FACILITY: warehouse; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a multi-sector general permit; PENALTY: $875; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 3530-9251.
(46) COMPANY: Transit Mix Concrete & Materials Company; DOCKET NUMBER: 2007-0361-AIR-E; IDENTIFIER: RN100805613; LOCATION: Weatherford, Parker County, Texas; TYPE OF FACILITY: concrete batch plant; RULE VIOLATED: 30 TAC §101.4 and THSC, §382.085(a) and (b), by failing to prevent particulate emissions from causing a nuisance condition; and 30 TAC §106.201(1) and THSC, §382.085(b), by failing to maintain a sprinkler system operable at all times; PENALTY: $3,220; ENFORCEMENT COORDINATOR: Jessica Rhodes, (512) 239-2879; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(47) COMPANY: Valero Refining-Texas, L.P.; DOCKET NUMBER: 2006-0468-MLM-E; IDENTIFIER: RN100211663 and RN100238385; LOCATION: Texas City, Galveston County, Texas; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §116.715(a) and §101.20(1), Flexible Air Permit Number 39142, Special Condition Number 1, 40 CFR §60.18(c)(2), and THSC, §382.085(b), by failing to prevent unauthorized emissions and by failure to operate a flare with a flame present; 30 TAC §335.4 and the Code, §26.121(a), by failing to prevent the discharge of slop oil and wastewater to the environment; and 30 TAC §305.125(9) and TCEQ Water Quality Permit Number 00465, Monitoring and Reporting Requirements 7.a., by failing to report any noncompliance which may endanger human health, safety, or the environment; PENALTY: $58,525; ENFORCEMENT COORDINATOR: Jessica Rhodes, (512) 239-2879; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(48) COMPANY: Jimmy L. West; DOCKET NUMBER: 2007-0388-LII-E; IDENTIFIER: RN104787239; LOCATION: Stockdale, Wilson County, Texas; TYPE OF FACILITY: business for selling grass sod; RULE VIOLATED: 30 TAC §30.5(a) and §344.4(a), Texas Occupations Code, §1903.251, and the Code, §37.003, by failing to hold an irrigator license; PENALTY: $625; ENFORCEMENT COORDINATOR: Chris Holcomb, (512) 239-2541; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
TRD-200701784
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: May 9, 2007
An agreed order was entered regarding Southwest Tire Disposal, L.L.C., Docket No. 2001-0725-MSW-E on April 30, 2007 assessing $12,140 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Shannon Strong, Staff Attorney at (512) 239-0972, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Lake Livingston Water Supply & Sewer Service Corporation, Docket No. 2003-0639-PWS-E on May 1, 2007 assessing $63,456 in administrative penalties with $12,692 deferred.
Information concerning any aspect of this order may be obtained by contacting Audra Ruble, Enforcement Coordinator at (361) 825-3126, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Abdul H. Aziz Al-Surmi aka Aziz Al-Surmi dba Yemco Petroleum, Docket No. 2003-0953-PST-E on May 1, 2007 assessing $4,750 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Mark Curnutt, Staff Attorney at (512) 239-0624, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Uppal Bros., Inc. dba Save Way Food Mart, Docket No. 2003-1165-PST-E on May 1, 2007 assessing $35,100 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Shawn Slack, Staff Attorney at (512) 239-0063, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Lakeport Development, Inc., Docket No. 2003-0971-PST-E on May 1, 2007 assessing $9,900 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Kathleen Decker, Staff Attorney at (512) 239-6500, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Yari Enterprises, Inc. dba Git N Go, Docket No. 2004-0445-PST-E on April 30, 2007 assessing $17,100 in administrative penalties with $8,793 deferred.
Information concerning any aspect of this order may be obtained by contacting Kathleen Decker, Staff Attorney at (512) 239-6500, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Algonquin Water Resources of America, Inc. dba Woodmark Utilities and dba Tall Timbers STP, Docket No. 2004-0677-MWD-E on May 1, 2007 assessing $17,895 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Laurencia Fasoyiro, Staff Attorney at (713) 422-8914, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Domino, Docket No. 2004-1457-PWS-E on May 1, 2007 assessing $7,146 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Shannon Strong, Staff Attorney at (512) 239-0907, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding R. Master & Sons, Inc. dba Get & Go, Docket No. 2004-1809-PST-E on May 1, 2007 assessing $1,600 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Rachael Gaines, Staff Attorney at (512) 239-0078, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Mexia, Docket No. 2005-0431-PWS-E on May 1, 2007 assessing $935 in administrative penalties with $187 deferred.
Information concerning any aspect of this order may be obtained by contacting Craig Fleming, Enforcement Coordinator at (512) 239-5806, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding William B. Colwell dba Star Mart 3, Docket No. 2005-1207-PST-E on May 1, 2007 assessing $1,875 in administrative penalties with $375 deferred.
Information concerning any aspect of this order may be obtained by contacting Deana Holland, Enforcement Coordinator at (512) 239-2504, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding AT Systems Southwest, Inc., Docket No. 2005-1402-PST-E on May 1, 2007 assessing $2,100 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Jacquelyn Boutwell, Staff Attorney at (512) 239-5846, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Mike Oda dba Riverbend RV Park and Resort, Docket No. 2005-1495-PWS-E on May 1, 2007 assessing $788 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Libby Hogue, Enforcement Coordinator at (512) 239-1165, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Emory, Docket No. 2005-1535-MWD-E on May 1, 2007 assessing $4,840 in administrative penalties with $968 deferred.
Information concerning any aspect of this order may be obtained by contacting Elvia Maske, Enforcement Coordinator at (512) 239-0789, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Angleton Danbury Hospital District dba Angleton Danbury Medical Center, Docket No. 2005-1775-AIR-E on April 30, 2007 assessing $10,400 in administrative penalties with $2,080 deferred.
Information concerning any aspect of this order may be obtained by contacting Suzanne Walrath, Enforcement Coordinator at (512) 239-2134, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Uvalde, Docket No. 2005-1837-MSW-E on April 30, 2007 assessing $1,050 in administrative penalties with $210 deferred.
Information concerning any aspect of this order may be obtained by contacting Audra Ruble, Enforcement Coordinator at (361) 825-3126, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding BP Products North America Inc., Docket No. 2005-1839-AIR-E on April 30, 2007 assessing $130,625 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Suzanne Walrath, Enforcement Coordinator at (512) 239-2134, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Laredo, Docket No. 2005-1996-MLM-E on April 30, 2007 assessing $45,300 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Anita Keese, Enforcement Coordinator at (956) 430-6034, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Valero Refining-Texas, L.P., Docket No. 2006-0012-AIR-E on April 30, 2007 assessing $35,550 in administrative penalties with $7,110 deferred.
Information concerning any aspect of this order may be obtained by contacting Kimberly Morales, Enforcement Coordinator at (713) 422-8938, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding D & K Development Corp., Docket No. 2006-0143-MWD-E on May 1, 2007 assessing $60,300 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Jorge Ibarra, Enforcement Coordinator at (817) 588-5890, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Wildwood Circle Property Owners Association, Inc., Docket No. 2006-0183-PWS-E on May 1, 2007 assessing $1,150 in administrative penalties with $230 deferred.
Information concerning any aspect of this order may be obtained by contacting Craig Fleming, Enforcement Coordinator at (512) 239-5806, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Amistad Ready Mix, Inc., Docket No. 2006-0414-WR-E on May 1, 2007 assessing $5,675 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Anita Keese, Enforcement Coordinator at (956) 430-6034, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Jackson County Water Control & Improvement District No. 1, Docket No. 2006-0461-MWD-E on May 1, 2007 assessing $12,680 in administrative penalties with $2,536 deferred.
Information concerning any aspect of this order may be obtained by contacting Laurie Eaves, Enforcement Coordinator at (512) 239-4495, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Kriewaldt Tree Care, Inc., Docket No. 2006-0488-MSW-E on April 30, 2007 assessing $1,400 in administrative penalties with $280 deferred.
Information concerning any aspect of this order may be obtained by contacting Alison Echlin, Enforcement Coordinator at (512) 239-3308, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Oxy Vinyls, LP, Docket No. 2006-0573-AIR-E on April 30, 2007 assessing $19,425 in administrative penalties with $3,885 deferred.
Information concerning any aspect of this order may be obtained by contacting Nadia Hameed, Enforcement Coordinator at (713) 767-3629, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Kelly House dba House Water System, Docket No. 2006-0611-PWS-E on May 1, 2007 assessing $788 in administrative penalties with $158 deferred.
Information concerning any aspect of this order may be obtained by contacting Amy Martin, Enforcement Coordinator at (512) 239-2540, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Texas Department of Transportation, Docket No. 2006-0663-WQ-E on April 30, 2007 assessing $11,800 in administrative penalties with $2,360 deferred.
Information concerning any aspect of this order may be obtained by contacting Sherronda Martin, Enforcement Coordinator at (713) 767-3680, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding A.D. Wallace dba A.D. Wallace Custom Fence, Docket No. 2006-0745-MLM-E on April 30, 2007 assessing $7,500 in administrative penalties with $1,500 deferred.
Information concerning any aspect of this order may be obtained by contacting Alison Echlin, Enforcement Coordinator at (512) 239-3308, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Town of Marshall Creek, Docket No. 2006-0748-PWS-E on May 1, 2007 assessing $13,313 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Sandy VanCleave, Enforcement Coordinator at (512) 239-2670, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding John Nichols dba Best Cleaners, Docket No. 2006-0820-DCL-E on April 30, 2007 assessing $105 in administrative penalties with $21 deferred.
Information concerning any aspect of this order may be obtained by contacting Shontay Wilcher, Enforcement Coordinator at (512) 239-2136, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Ben E. Keith Company dba Ben E. Keith Beers, Docket No. 2006-0830-PST-E on May 1, 2007 assessing $4,050 in administrative penalties with $810 deferred.
Information concerning any aspect of this order may be obtained by contacting Rajesh Acharya, Enforcement Coordinator at (512) 239-0577, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Ohmstede Ltd., Docket No. 2006-0863-IWD-E on April 30, 2007 assessing $6,000 in administrative penalties with $1,200 deferred.
Information concerning any aspect of this order may be obtained by contacting John Muennink, Enforcement Coordinator at (361) 825-3423, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding M7 Aerospace LP, Docket No. 2006-0920-IHW-E on April 30, 2007 assessing $5,712 in administrative penalties with $1,142 deferred.
Information concerning any aspect of this order may be obtained by contacting Harvey Wilson, Enforcement Coordinator at (512) 239-0321, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding F. Basra Inc dba Mr & Mrs Cleaners, Docket No. 2006-0952-DCL-E on April 30, 2007 assessing $308 in administrative penalties with $62 deferred.
Information concerning any aspect of this order may be obtained by contacting Harvey Wilson, Enforcement Coordinator at (512) 239-0321, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Chedid, Inc. dba Conoco Mart 1, Docket No. 2006-0987-PST-E on May 1, 2007 assessing $2,100 in administrative penalties with $420 deferred.
Information concerning any aspect of this order may be obtained by contacting Shontay Wilcher, Enforcement Coordinator at (512) 239-2136, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Praxair, Inc., Docket No. 2006-1062-PWS-E on May 1, 2007 assessing $2,050 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Amy Martin, Enforcement Coordinator at (512) 239-2540, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Jose F. Dallo dba Randolph Laundry & Cleaners, Docket No. 2006-1165-DCL-E on April 30, 2007 assessing $889 in administrative penalties with $178 deferred.
Information concerning any aspect of this order may be obtained by contacting Shontay Wilcher, Enforcement Coordinator at (512) 239-2136, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Texas Department of Transportation, Docket No. 2006-1220-WQ-E on May 1, 2007 assessing $1,050 in administrative penalties with $210 deferred.
Information concerning any aspect of this order may be obtained by contacting Ruben Soto, Enforcement Coordinator at (512) 239-4571, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Husaini, Inc. dba Memorial Village Cleaners and dba Prince Cleaners, Docket No. 2006-1297-DCL-E on April 30, 2007 assessing $3,201 in administrative penalties with $639 deferred.
Information concerning any aspect of this order may be obtained by contacting Audra Ruble, Enforcement Coordinator at (361) 825-3126, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Dolores M. Valdez and Ingilberto Rivera dba Rivas Super Store, Docket No. 2006-1310-AIR-E on April 30, 2007 assessing $1,240 in administrative penalties with $248 deferred.
Information concerning any aspect of this order may be obtained by contacting Jessica Rhodes, Enforcement Coordinator at (512) 239-2879, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Gloria Saldana dba Rex Cleaners, Docket No. 2006-1317-DCL-E on April 30, 2007 assessing $1,185 in administrative penalties with $237 deferred.
Information concerning any aspect of this order may be obtained by contacting Colin Barth, Enforcement Coordinator at (512) 239-0086, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Vopak Logistics Services USA Inc., Docket No. 2006-1347-AIR-E on April 30, 2007 assessing $55,328 in administrative penalties with $11,066 deferred.
Information concerning any aspect of this order may be obtained by contacting Rebecca Johnson, Enforcement Coordinator at (713) 422-8931, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Deluxe Enterprises, Inc. dba Zip Cleaners, Docket No. 2006-1465-DCL-E on April 30, 2007 assessing $3,555 in administrative penalties with $711 deferred.
Information concerning any aspect of this order may be obtained by contacting Shontay Wilcher, Enforcement Coordinator at (512) 239-2136, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Sun Ha dba College Station Cleaners and dba Discount Cleaners, Docket No. 2006-1474-DCL-E on April 30, 2007 assessing $4,740 in administrative penalties with $948 deferred.
Information concerning any aspect of this order may be obtained by contacting Tom Greimel, Enforcement Coordinator at (512) 239-5690, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Ok Hui Choi Kim dba Stars Cleaners, Docket No. 2006-1534-DCL-E on April 30, 2007 assessing $1,185 in administrative penalties with $237 deferred.
Information concerning any aspect of this order may be obtained by contacting Colin Barth, Enforcement Coordinator at (512) 239-0086, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding EZ Pickens Auto Ranch, Inc., Docket No. 2006-1596-WQ-E on May 1, 2007 assessing $8,925 in administrative penalties with $1,785 deferred.
Information concerning any aspect of this order may be obtained by contacting Libby Hogue, Enforcement Coordinator at (512) 239-1165, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding US of True Corporation dba USA Cleaners, Docket No. 2006-1605-DCL-E on April 30, 2007 assessing $1,185 in administrative penalties with $237 deferred.
Information concerning any aspect of this order may be obtained by contacting Suzanne Walrath, Enforcement Coordinator at (512) 239-2134, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Baha Capital Enterprises, Inc. dba Dry Clean Super Center, Docket No. 2006-1611-DCL-E on April 30, 2007 assessing $1,185 in administrative penalties with $237 deferred.
Information concerning any aspect of this order may be obtained by contacting Cari-Michel La Caille, Enforcement Coordinator at (512) 239-1387, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Naail Investments, Inc. dba Super Cleaners 1 and dba Super Cleaners 2, Docket No. 2006-1641-DCL-E on April 30, 2007 assessing $1,778 in administrative penalties with $356 deferred.
Information concerning any aspect of this order may be obtained by contacting Samuel Short, Enforcement Coordinator at (512) 239-5363, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Milano Independent School District, Docket No. 2006-1660-MSW-E on April 30, 2007 assessing $1,050 in administrative penalties with $210 deferred.
Information concerning any aspect of this order may be obtained by contacting Dana Shuler, Enforcement Coordinator at (512) 239-2505, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Trinity Industries, Inc., Docket No. 2006-1666-AIR-E on April 30, 2007 assessing $3,500 in administrative penalties with $700 deferred.
Information concerning any aspect of this order may be obtained by contacting Bryan Elliott, Enforcement Coordinator at (512) 239-6162, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Betty J. Starling dba Betty's Cleaners, Docket No. 2006-1674-DCL-E on April 30, 2007 assessing $1,067 in administrative penalties with $214 deferred.
Information concerning any aspect of this order may be obtained by contacting Cheryl Thompson, Enforcement Coordinator at (817) 588-5886, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Lake Somerville Marina and Campground Incorporated, Docket No. 2006-1686-PWS-E on May 1, 2007 assessing $2,000 in administrative penalties with $400 deferred.
Information concerning any aspect of this order may be obtained by contacting Epifanio Villareal, Enforcement Coordinator at (210) 403-4033, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Robinson, Docket No. 2006-1741-PWS-E on May 1, 2007 assessing $1,994 in administrative penalties with $399 deferred.
Information concerning any aspect of this order may be obtained by contacting Epifanio Villareal, Enforcement Coordinator at (210) 403-4033, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Southwest Convenience Stores, LLC dba 7 Eleven 57409, Docket No. 2006-1749-PST-E on May 1, 2007 assessing $4,500 in administrative penalties with $900 deferred.
Information concerning any aspect of this order may be obtained by contacting Tom Greimel, Enforcement Coordinator at (512) 239-5690, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Timms Trucking and Excavating, Ltd., Docket No. 2006-1795-WQ-E on May 1, 2007 assessing $3,000 in administrative penalties with $600 deferred.
Information concerning any aspect of this order may be obtained by contacting Cari-Michel La Caille, Enforcement Coordinator at (512) 239-1387, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Valero Refining-Texas, L.P., Docket No. 2006-1824-PST-E on May 1, 2007 assessing $10,000 in administrative penalties with $2,000 deferred.
Information concerning any aspect of this order may be obtained by contacting Rajesh Acharya, Enforcement Coordinator at (512) 239-0577, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Aransas County Municipal Utility District No. 1, Docket No. 2006-1828-PWS-E on May 1, 2007 assessing $750 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Amy Martin, Enforcement Coordinator at (512) 239-2540, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Esteem Enterprises, Inc. dba Speedy Mart 1, Docket No. 2006-1861-PST-E on May 1, 2007 assessing $4,000 in administrative penalties with $800 deferred.
Information concerning any aspect of this order may be obtained by contacting Tom Greimel, Enforcement Coordinator at (512) 239-5690, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding K & S Mart, Inc. dba Glad Mart, Docket No. 2006-1873-PST-E on May 1, 2007 assessing $3,825 in administrative penalties with $765 deferred.
Information concerning any aspect of this order may be obtained by contacting Patricia Chawla, Enforcement Coordinator at (512) 239-0739, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of White Oak, Docket No. 2006-1879-MWD-E on May 1, 2007 assessing $2,600 in administrative penalties with $520 deferred.
Information concerning any aspect of this order may be obtained by contacting Lynley Doyen, Enforcement Coordinator at (512) 239-1364, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Don French dba Riviera Mobile Home Park, Docket No. 2006-1882-PWS-E on May 1, 2007 assessing $1,092 in administrative penalties with $218 deferred.
Information concerning any aspect of this order may be obtained by contacting Christopher Miller, Enforcement Coordinator at (512) 239-6580, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Raymond Huff dba Detail Masters, Docket No. 2006-1914-PST-E on May 1, 2007 assessing $3,000 in administrative penalties with $600 deferred.
Information concerning any aspect of this order may be obtained by contacting Tom Greimel, Enforcement Coordinator at (512) 239-5690, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding GWG Wood Group, Inc., Docket No. 2006-1949-MSW-E on April 30, 2007 assessing $1,000 in administrative penalties with $200 deferred.
Information concerning any aspect of this order may be obtained by contacting Clinton Sims, Enforcement Coordinator at (512) 239-6933, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A field citation was entered regarding Port of Houston Authority dba APM Terminals, Docket No. 2007-0167-PST-E on April 30, 2007 assessing $875 in administrative penalties.
Information concerning any aspect of this citation may be obtained by contacting Steven Lopez, Enforcement Coordinator at (512) 239-1896, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A field citation was entered regarding City of Rio Grande City, Docket No. 2007-0171-WQ-E on April 30, 2007 assessing $875 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Steven Lopez, Enforcement Coordinator at (512) 239-1896, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A field citation was entered regarding Jose Herrera Jr., Docket No. 2007-0243-PWS-E on April 30, 2007 assessing $210 in administrative penalties.
Information concerning any aspect of this citation may be obtained by contacting Steven Lopez, Enforcement Coordinator at (512) 239-1896, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A field citation was entered regarding McLane Company, Inc. dba McLane High Plains, Docket No. 2007-0244-PST-E on April 30, 2007 assessing $875 in administrative penalties.
Information concerning any aspect of this citation may be obtained by contacting Steven Lopez, Enforcement Coordinator at (512) 239-1896, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A field citation was entered regarding Wholesale Electric Supply Company, Inc., Docket No. 2007-0245-PST-E on April 30, 2007 assessing $875 in administrative penalties.
Information concerning any aspect of this citation may be obtained by contacting Steven Lopez, Enforcement Coordinator at (512) 239-1896, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A field citation was entered regarding Arthur D. Hendricks III, Docket No. 2007-0267-WOC-E on April 30, 2007 assessing $210 in administrative penalties.
Information concerning any aspect of this citation may be obtained by contacting Steven Lopez, Enforcement Coordinator at (512) 239-1896, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
TRD-200701792
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 9, 2007
The Texas Commission on Environmental Quality (TCEQ) proposes to amend and renew a general permit (Texas Pollutant Discharge Elimination System Permit No. TXG830000) authorizing the discharge of water contaminated by petroleum fuel or petroleum substances into or adjacent to water in the state. The proposed general permit applies to the entire state of Texas. General permits are authorized by Section 26.040 of the Texas Water Code.
PROPOSED GENERAL PERMIT. The Executive Director has prepared a draft amendment with renewal of an existing general permit that authorizes the discharge of water contaminated by petroleum fuel or petroleum substances. The permit amendment is for a reduction in the pH monitoring frequency to be consistent with monitoring frequencies for other parameters. No significant degradation of high quality waters is expected and existing uses will be maintained and protected. The Executive Director proposes to require regulated dischargers to submit a Notice of Intent (NOI) to obtain authorization for some discharges.
The Executive Director has reviewed this action for consistency with the goals and policies of the Texas Coastal Management Program (CMP) according to Coastal Coordination Council (CCC) regulations, and has determined that the action is consistent with applicable CMP goals and policies.
A copy of the proposed general permit and fact sheet are available for viewing and copying at the Office of the Chief Clerk located at TCEQ's Austin office, at 12100 Park 35 Circle, Building F. These documents are also available at the TCEQ's sixteen (16) regional offices and on the TCEQ website at http://www.tceq.state.tx.us/nav/permits/wq_general.html.
PUBLIC COMMENT / PUBLIC MEETING. You may submit public comments or request a public meeting about this proposed general permit. The purpose of a public meeting is to provide the opportunity to submit written or oral comment or to ask questions about the proposed general permit. Generally, the TCEQ will hold a public meeting if the executive director determines that there is a significant degree of public interest in the proposed general permit or if requested by a local legislator. A public meeting is not a contested case hearing.
Written public comments must be submitted to TCEQ, Office of the Chief Clerk, MC 105, P.O. Box 13087, Austin, TX 78711-3087 within 30 days from the date this notice is published in the Texas Register.
APPROVAL PROCESS. After the comment period, the Executive Director will consider all the public comments and prepare a written response. The response will be filed with the TCEQ Office of the Chief Clerk at least 10 days before the scheduled Commission meeting when the commission will consider approval of the general permit. The commission will consider all public comment in making its decision and will either adopt the Executive Director's response or prepare its own response. The Commission will issue its written response on the general permit at the same time the Commission issues or denies the general permit. A copy of any issued general permit and response to comments will be made available to the public for inspection at the agency's Austin and regional offices. A notice of the Commissioner's action on the proposed general permit and a copy of its response to comments will be mailed to each person who made a comment. Also, a notice of the Commission's action on the proposed general permit and the text of its response to comments will be published in the Texas Register.
MAILING LISTS. In addition to submitting public comments, you may ask to be placed on a mailing list to receive future public notices mailed by the Office of the Chief Clerk. You may request to be added to: (1) the mailing list for this specific general permit; (2) the permanent mailing list for a specific applicant name and permit number; and/or (3) the permanent mailing list for a specific county. Clearly specify the mailing lists to which you wish to be added and send your request to the TCEQ Office of the Chief Clerk at the address above. Unless you otherwise specify, you will be included only on the mailing list for this specific general permit.
INFORMATION. If you need more information about this permit application 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.
Further information may also be obtained by calling the TCEQ's Water Quality Division, Industrial Permits Team, at (512) 239-4671.
Si desea información en Español, puede llamar 1-800-687-4040.
TRD-200701791
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 9, 2007
The following notices were issued during the period of April 24, 2007 through May 3, 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 TCEQ, 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.
Aqua Utilities, Inc. has applied for a renewal of TPDES Permit No. WQ0011974001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 200,000 gallons per day. The facility is located approximately 400 feet south of Rockwall Lake Dam and approximately 400 feet northwest of the point where Farm-to-Market Road 3097 crosses Buffalo Creek in Rockwall County, Texas.
Chireno Independent School District has applied for a renewal of TPDES Permit No. 13917-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 10,000 gallons per day. The facility is located on the north side of Farm-to-Market Road 95 approximately 0.5 mile south of the junction of Highway 21 and Farm-to-Market Road 95 in Nacogdoches County, Texas.
Cole Creek Business Park Association, Inc. has applied for a renewal of TPDES Permit No. 13996-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 49,800 gallons per day. The facility is located approximately 0.2 mile northwest of the intersection of Fairbanks-North Houston Road and West Little York Road and approximately 0.65 mile northwest of the intersection of U.S. Highway 290 and Fairbanks-North Houston Road in Harris County, Texas.
Fort Bend County MUD No. 50 has applied for a new permit, proposed TPDES Permit No. WQ0014763001, to authorize the discharge of treated domestic wastewater at an annual average flow not to exceed 1,500,000 gallons per day. The facility will be located approximately 1,700 feet northeast of the intersection of the Grand Parkway (SH 99) and Bellaire Boulevard in Fort Bend County, Texas.
Green Trails Municipal Utility District has applied for a renewal of TPDES Permit No. 12289-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 990,000 gallons per day. The facility is located on the north bank of Mason Creek, approximately 2 miles south of Interstate Highway 10, between Baker Road and Fry Road in Harris County, Texas.
H-M-W Special Utility District has applied for a renewal of TPDES Permit No. 14266001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 51,000 gallons per day. The facility is located approximately 1-1/2 miles southwest of the intersection of Farm-to-Market Road 149 and Farm-to-Market Road 2978 in Montgomery County, Texas.
Jackrabbit Road Public Utility District has applied to the TCEQ for a renewal of TPDES Permit No. WQ0011290001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 5,100,000 gallons per day. The facility is located approximately 3 miles north of the intersection of Interstate Highway 10 and State Highway 6 and 0.8 miles west of the intersection of State Highway 6 (Addicks - Satsuma Road) and Clay Road, adjacent to the intersection of Pine Forest Lane and Trey Lane in Harris County, Texas.
Livingston Care Associates, Inc. and Polk Health Holdings LLC, have applied for a renewal of TPDES Permit No. 13388-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 12,000 gallons per day. The facility is located on the west side of U.S. Highway 59 approximately 3.5 miles northeast of the City of Livingston and south of the town of Marston in Polk County, Texas.
City of Montgomery has applied for a renewal of TPDES Permit No. 11521-001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 250,000 gallons per day. The facility is located north of the City of Montgomery, approximately 4000 feet north of the intersection of Farm-to-Market Road 149 and State Highway 105, just west of the point where Farm-to-Market Road crosses Town Creek in Montgomery County, Texas.
Montgomery County Municipal Utility District No. 99 has applied to the Texas Commission on Environmental Quality (TCEQ) for a major amendment to TPDES Permit No. WQ0014604001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 580,000 gallons per day to an annual average flow not to exceed 1,500,000 gallons per day. The facility is located approximately 2,000 feet east of the centerline of Aldine Westfield Road and approximately 1,700 feet north of the intersection of Fountain Brook Park Lane and Trinity Park Lane in Montgomery County, Texas.
North Texas Municipal Water District has applied for a renewal of TPDES Permit No. WQ0010257001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 4,750,000 gallons per day. The facility is located approximately 2,310 feet southwest of the intersection of Spring Valley Road and State Highway 75 in the City of Richardson in Dallas County, Texas.
Remington Municipal Utility District No. 1 has applied to the TCEQ for a major amendment to TPDES Permit No. 13328-001 to authorize a decrease in the effluent monitoring frequency to match the requirements of 30 TAC §319.9 (Table 1). The current permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,100,000 gallons per day. The facility is located approximately 2.3 miles due south of the intersection of U.S. Highway 290 and Barker Cypress Road in Harris County, Texas.
William Donald Smith has applied for a renewal of TPDES Permit No. WQ0013770001, 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 approximately 0.75 mile west of the intersection of State Highway 289 and Veteran Memorial Parkway in Harris County, Texas.
Spring-Lake Earth Independent School District has applied to the TCEQ for a major amendment to Permit No. WQ0013385001 to authorize an increase in the daily average flow from 1,000 gallons per day to 10,000 gallons per day and to change the method of disposal from evaporation to a non-public access subsurface drip irrigation system with a minimum area of 100,000 square feet. The existing permit authorizes the disposal of treated domestic wastewater at a daily average flow of 1,000 gallons per day via evaporation. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility is located on the school property just south of the intersection of Farm-to-Market Roads 302 and 2901, the existing evaporation ponds are located about 0.25 miles north of this intersection, and the proposed subsurface drip irrigation system will be located about 0.5 miles south of this intersection, in Lamb County, Texas.
Texas Department of Criminal Justice has applied for a renewal of TPDES Permit No. 11176-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 975,000 gallons per day. The facility is located within the Texas Department of Criminal Justice Ferguson Unit property, approximately four-tenths of a mile northeast of the intersection of Farm-to-Market Road 247 and Farm-to-Market Road 1428, approximately 20 miles north/northwest of the City of Huntsville in Madison County, Texas
Thirty-Two Real Estate Investment, Ltd. has applied for a renewal of TPDES Permit No. 13395-001, 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 100 feet south of Farm-to-Market Road 1097 and 0.25 mile east of Lake Conroe in Montgomery County, Texas.
City of Throckmorton has applied for a renewal of TPDES Permit No. WQ0010469002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 120,000 gallons per day. The facility is located approximately 1,500 feet east of U.S. Highway 183 and 2,500 feet south of U.S. Highway 380 in Throckmorton County, Texas.
Val Verde Development Co. has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014777001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 990,000 gallons per day. The facility will be located between the City of Del Rio and Laughlin Air Force Base, approximately 1,000 feet northwest of U.S. Highway 277 and approximately 500 feet west of Spur 317 in Val Verde County, Texas.
City of Weatherford has applied for a renewal of TPDES Permit No. WQ0010380002, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 4,500,000 gallons per day. The application includes a request for a temporary variance to the existing water quality standard for dissolved oxygen in accordance with 30 TAC §307.2(d)(5). The receiving waters, Town Creek and the South Fork Trinity River, have both been determined to be perennial streams supporting an intermediate aquatic life use with a 4.0 mg/l dissolved oxygen criterion; however, without a variance, the final effluent limits must meet at least a high aquatic life use (5.0 mg/l DO) in both streams in accordance with 30 TAC §307.4(h)(1). The temporary variance would allow time for consideration of a site specific standard which would be adopted in 30 TAC §307.10 Appendix D. The facility is located at 1327 Eureka Street approximately 4,000 feet north-northwest of the intersection of Interstate Highway 20 and Farm-to-Market Road 2552 in Parker County, Texas.
West Harris County Municipal Utility District No. 4 has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. 12119-001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 280,000 gallons per day. The facility is located at 4127 Westheimer Place on the south bank of Brays Bayou, approximately 1 mile east of the intersection of Farm-to-Market Road 1093 and Farm-to-Market Road 1464 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 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-200701790
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 9, 2007
The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on May 1, 2007, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. GB's Self Serve, Inc.; SOAH Docket No. 582-07-0102; TCEQ Docket No. 2005-1744-PST-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against GB's Self Serve, Inc. 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 Munguia, Office of the Chief Clerk, (512) 239-3300.
TRD-200701793
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 9, 2007
The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality (commission) on April 30, 2007, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Touche International, Inc.; SOAH Docket No. 582-05-9439; TCEQ Docket No. 2004-1649-MSW-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Touche International, Inc. 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 Munguia, Office of the Chief Clerk, (512) 239-3300.
TRD-200701794
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 9, 2007
The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality (commission) on April 27, 2007, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Chico Auto Parts & Service, Inc.; SOAH Docket No. 582-07-1469; TCEQ Docket No. 2006-0901-MLM-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Chico Auto Parts & Service, Inc. 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 Munguia, Office of the Chief Clerk, (512) 239-3300.
TRD-200701795
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 9, 2007
The Texas Health and Human Services Commission (HHSC) announces its intent to submit the State's application for a renewal of the NorthSTAR Program §1915(b) waiver to the Texas State Plan for Medical Assistance under Title XIX of the Social Security Act. The current waiver is scheduled to expire September 30, 2007.
The NorthSTAR Program ("NorthSTAR") is a behavioral health service managed care program, through which mental and emotional health and substance abuse services are provided to eligible consumers. NorthSTAR serves seven counties in Texas: Collin, Dallas, Ellis, Hunt, Kaufman, Navarro and Rockwall.
NorthSTAR is administered through a contract with a behavioral health organization (BHO). The BHO contract includes outcome and performance measures specifically designed for behavioral health. The BHO is required to subcontract with a specialty provider network for the provision of a set of specialty treatment services and service coordination services for enrollees with serious mental illness and serious emotional disturbance. The BHO is also contractually required to maintain an adequate network for other provider specialties for behavioral health. These include psychiatrists, psychologists, licensed therapists, substance abuse treatment facilities, and hospitals.
HHSC is requesting that the waiver renewal be approved for a two-year period beginning October 1, 2007. This waiver maintains cost neutrality of service costs for federal fiscal years 2007 through 2009.
To obtain additional information or copies of the waiver renewal, interested parties may contact Carmen Capetillo by mail at Health and Human Services Commission, P.O. Box 85200, H-620, Austin, Texas 78708-5200; by telephone at (512) 491-1128; by facsimile at (512) 491-1953; or by e-mail at carmen.capetillo@hhsc.state.tx.us.
TRD-200701739
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: May 3, 2007
Licensing Actions for Radioactive Materials
TRD-200701770
Cathy Campbell
General Counsel
Department of State Health Services
Filed: May 8, 2007
Notice of Request for Proposal
In compliance with Chapter 2254, Texas Government Code, and the University of Houston System for and in behalf of the University of Houston - Clear Lake (UHCL) furnishes this notice of request for proposal. The University of Houston - Clear Lake is seeking to hire a nationally recognized enrollment management firm that will assist in the continued development of a comprehensive enrollment plan in order to increase UHCL's enrollment by improving the infrastructure necessary to improve retention and student success via the development (setup) of the academic advising module. The academic advising module will allow the University to come into compliance with the State of Texas mandate that requires students to have access to an online progress reporting system to track their progress towards graduation. This advice and consultation is authorized and supported by the UHCL President as being of substantial need and necessary in performing the needed evaluation. Interested parties are invited to express their interest and describe their capabilities on or before June 18, 2007.
The term of the contract is to be for a two (2) year period beginning on or about July 1, 2007 and ending June 30, 2009, subject to one (1) year renewal option. Further technical information can be obtained from Mike Schurwon at (281) 283-2154. All proposals must be specific and must be responsive to the criteria set forth in this request.
SCOPE OF WORK: The Consultant will be expected to have in place at the conclusion of this project the following: (i) A strategic infrastructure necessary to improve retention and student success via the development (setup) of the academic advising module in PeopleSoft 8.9, ii) an established higher education best practice for enrollment management that will lead to improved operational efficiencies in the academic advising function, and (iii) improved operational processes to allow students to have access to an online progress reporting system to track their progress towards graduation. UHCL anticipates the Contractor to provide approximately six (6) two-day on-site retention and enrollment operations consultations to complete the required scope of work. UHCL reserves the right to request additional on-site visits during the term of the contract.
INFORMATION ABOUT THE UNIVERSITY OF HOUSTON - CLEAR LAKE: The University of Houston - Clear Lake is the largest upper-division university in the nation, offering junior and senior coursework and graduate programs. Its current enrollment stands at 7,700 students of which approximately 47% are graduate students. UHCL is a commuter campus and thus has a large percentage of non-traditional students. Our full-time/part-time mix is 42%/58%, respectively. The average age of our student body is 32 years.
GENERAL INSTRUCTIONS: Submit one (1) original and four (4) copies of your proposal in a sealed envelope to: Purchasing Office, University of Houston - Clear Lake, 2700 Bay Area Boulevard, Bayou Building, Room 2123, Houston, Texas 77058-1098 before 3:00 P.M. June 18, 2007. The original shall be prepared on a word processor and formatted in at least 10-point-font that is clearly readable. The copies 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. The UHCL, at its sole discretion, may disqualify a Proposal from consideration, if the UHCL determines a Proposal is non-responsive and/or 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 for in this RFP. Proposals submitted without the required signature shall be disqualified.
OWNERSHIP OF PROPOSALS: All Proposals become the physical property of the UHCL upon receipt.
USE, DISCLOSURE OF INFORMATION: Proposers acknowledge that the UHCL is an agency of the State of Texas and is, therefore, required to comply with the Texas Public Information Act. If a Proposal includes proprietary data, trade secrets, or information the Proposer wishes to except from public disclosure, then the Proposer must specifically label 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 the UHCL 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.
RESCISSION OF PROPOSAL: A Proposal can be withdrawn from consideration at any time prior to expiration of the Deadline for Proposals pursuant to a written request sent to the UHCL.
REQUEST FOR CLARIFICATION: The UHCL reserves the right to request clarification of any information contained in a Proposal.
QUESTIONS BY PROPOSERS: The deadline for questions submitted by Proposers is 4:00 PM CST on May 29, 2007. UHCL will accept no questions after this date. Questions must be submitted in writing; the question, written UHCL response, and addenda, if any, related to the RFP will be distributed no later than June 7, 2007 to all Proposers who have sent the Proposer's email contact information to UHCL's Contract Administration Specialist by 4:00 PM CST on May 29, 2007. If UHCL determines a question has been sufficiently answered in the RFP, the inquiring Proposer will be referred to the relevant section of the RFP with all other Proposers receiving notice. Questions must be emailed to the Contract Administration Specialist, Mike Schurwon, CTPM, CPPB, at schurwon@uhcl.edu
ADDENDA TO THE RFP: Each Proposer will be provided with copies of UHCL-approved addenda, including amendments, if any, to the RFP. If and as necessary, as determined by UHCL, Proposers will, in turn, be allowed time to revise or supply additional information in response to such addenda.
PRE-PROPOSAL CONFERENCE: There will not be a pre-proposal conference.
COMMUNICATIONS WITH UHCL PERSONNEL: Except as provided in this RFP and as is otherwise necessary for the conduct of ongoing UHCL business operations, Proposers are expressly and absolutely prohibited from engaging in communications with UHCL personnel who are involved in any manner in the review and/or evaluation of the Proposals; selection of a Proposer; and/or negotiations or formalization of a Contract. If any Proposer engages in conduct or communications that UHCL determines are contrary to the prohibitions set forth in this section, UHCL may, at its sole discretion, disqualify the Proposer and withdraw the Proposer's Proposal from consideration.
EVALUATION OF PROPOSALS: The Proposals will be reviewed in accordance with the criteria set forth in this RFP. Proposals that are (i) incomplete, (ii) not properly certified and signed, (iii) not in the required format, or (iv) otherwise non-compliant, in whole or in part, with any of the requirements set forth in this RFP may be disqualified by the UHCL.
PROVISION OF INFORMATION: Each Proposer must provide current, accurate, complete information about all of the following in support of its Proposal (please coordinate numbers with responses): (A) Business, Financial Information: (i) Name, address, telephone number, and title of the person(s) whom UHCL can contact about the Proposal; (ii) State of Texas corporate filings, DBA name, registration and tax identification number; (iii) Name(s) of owner(s) or partners or directors, as applicable; (iv) Length of time and years during which the Proposer has provided the Services contemplated by this RFP; (v) Insurance carrier(s), types, and amounts of coverage currently maintained by the Proposer; (B) Services, Reports, and Billing: (i) Description of Services the Proposer is able to provide; (ii) Sample or prototypical reports that would be furnished to the UHCL; (iii) Historically Underutilized Business (HUB) status, if any, of the Proposer; (iv) Methods, procedures, and processes to ensure quality control; (v) Billing frequency to be utilized by the Proposer; (C) Experience: (i) 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; (ii) Provide the total number of personnel employed by your firm, to include categorization by function. (iii) Provide name, title, and telephone number of each person who will be assigned to our account. The resumes of each of these employees must be included. Credentials illustrating the education, training, experience working with PeopleSoft's Student Administration product, and professional certification(s) of these personnel are also required; (iv) Provide a description of the current consulting load of the personnel to be assigned to our account; (v) Briefly discuss your firm's experience as a treasury consultant for organizations of similar size, structure, and scope of work required. Three examples of your innovation (not to exceed one-half [1/2] page per example) must be included. One example must illustrate how you were able to significantly improve operational efficiency within the department, another example must demonstrate how your recommendations were able to significantly reduce bank service charges, and the last example must address your demonstrated ability to improve control measures for the client; (vi) Disclose if you intend to subcontract any service. The service and vendor must be identified; (vii) Describe the resources available to your firm from which you will compare our current business processes and bank fees to "best practices"; (D) References: Provide a list of three clients, preferably colleges/universities, for whom the Proposer has provided Comprehensive Enrollment Services within the last ten (10) years, including name of firm, contact person's name, title, address, telephone number, and scope of project; (E) Consulting Methodology: 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 the RFP; (F) Performance Timetable: Indicate the number of hours that you believe is necessary and appropriate for your firm to complete each of the roles as described in the RFP. Recommended time should be identified for each role identified in this RFP and totaled for all aspects of the project; (G) Fees: Provide a fee schedule for the various consulting services you will provide. Identify by title and amount any reimbursable expenses (e.g. travel costs); (H) Legal Information: Is your firm, or any professionals employed by your firm, currently a defendant in any criminal proceedings or under criminal investigation, or being subject to any proceedings involving alleged securities violations; or any administrative action, including state and or federal regulatory agency proceedings, which resulted in censure or the suspension or revocation of any licenses? If yes, please describe.
DISCUSSIONS WITH PROPOSERS: UHCL may conduct discussions and/or negotiations with any Proposer that appears to be eligible for award ("Eligible Proposer") pursuant to the selection criteria set forth in this RFP. In conducting discussions and/or negotiations, UHCL will not disclose information derived from Proposals submitted by competing Proposers, except as and if law requires disclosure.
MODIFICATION OF PROPOSALS: All Eligible Proposers will be afforded the opportunity to submit best and final Proposals if (a) negotiations with any other Proposer result in a material alteration to the RFP and (b) such material alteration has a cost consequence that could alter the Proposer's quotations regarding rates for Services.
SELECTION OF PROPOSER: The Proposer selected for award will be the Proposer whose Proposal, as presented in response to this RFP and as determined by UHCL in accordance with the evaluation criteria set forth in this RFP, to be the most advantageous to UHCL. Proposers acknowledge that UHCL is not bound to accept the lowest-priced Proposal.
EVALUATION OF PROPOSALS: Submission of a Proposal indicates the Proposer's acceptance of the evaluation process set forth in this RFP and the Proposer's acknowledgement that subjective judgments must be made by the UHCL 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 fulfill current and predicted UHCL needs (50%); (ii) Stability and success of the Proposer's business profile (40%); and Rates for Services quoted (10%).
CONSIDERATION OF ADDITIONAL INFORMATION: UHCL reserves the right to ask for and consider any additional information deemed beneficial to UHCL in evaluation of the Proposals.
TERMINATION: This Request for Proposal (RFP) in no manner obligates UHCL to the eventual purchase of any 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 UHCL and may be terminated without penalty or obligation at any time prior to the signing of a contract. UHCL reserves the right to cancel this RFP at any time, for any reason and to reject any or all proposals.
TRD-200701775
Brian S. Nelson
Executive Director and Associate General Counsel
University of Houston System
Filed: May 8, 2007
Application for admission to the State of Texas by UNIQUE INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Chicago, Illinois.
Application for admission to the State of Texas by SEQUOIA INDEMNITY COMPANY, a foreign fire and/or casualty company. The home office is in Las Vegas, Nevada.
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-200701789
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: May 9, 2007
The following third party administrator (TPA) application has been filed with the Texas Department of Insurance and is under consideration.
Application of ACCLAIM BENEFITS, INC., a foreign third party administrator. The home office is PLYMOUTH, MINNESOTA.
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-200701774
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: May 8, 2007
Instant Game Number 836 "Millions & Millions"
1.0 Name and Style of Game.
A. The name of Instant Game No. 836 is "MILLIONS & MILLIONS". The play style for Game 1 is "key number match". The play style for Game 2 is "match 3 of 6 with doubler". The play style for Game 3 is "key symbol match". The play style for Game 4 is "match 3 of 9".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 836 shall be $30.00 per ticket.
1.2 Definitions in Instant Game No. 836.
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, $30.00, $40.00, $50.00, $70.00, $100, $200, $500, $2,000, $20,000, $THR MILL SYMBOL, STAR SYMBOL, BAR SYMBOL, CROWN SYMBOL, CLOVER SYMBOL, GOLD BAR SYMBOL, STACK OF BILLS SYMBOL, DOLLAR SIGN SYMBOL, HORSESHOE SYMBOL, DOLLAR BILL SYMBOL, CHERRY SYMBOL, APPLE SYMBOL, ORANGE SYMBOL, SUN SYMBOL, PIGGY BANK SYMBOL, KEY SYMBOL, RAINBOW SYMBOL, MOON SYMBOL, 5 TIMES SYMBOL and 1 TIMES 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. 836 - 1.2D
E. 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.
F. Mid-Tier Prize - A prize of $30.00, $40.00, $70.00, $100, $300 or $500.
G. High-Tier Prize - A prize of $2,000, $20,000 or $3,000,000.
H. 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.
I. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (836), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 025 within each pack. The format will be: 836-0000001-001.
J. Pack - A pack of "MILLIONS & MILLIONS" Instant Game tickets contains 25 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 025 while the other fold will show the back of ticket 001 and front of 025.
K. 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.
L. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "MILLIONS & MILLIONS" Instant Game No. 836 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 "MILLIONS & MILLIONS" Instant Game is determined once the latex on the ticket is scratched off to expose 63 (sixty-three) play symbols. For GAME 1, if a player matches any of YOUR NUMBERS play symbols to either of the WINNING NUMBERS play symbol, the player wins the PRIZE shown for that number. If a player reveals a DOLLAR BILL SYMBOL, the player wins 10 TIMES the PRIZE shown. For GAME 2, if a player reveals three (3) matching amounts, the player wins that amount. If the player reveals two (2) matching amounts and a STAR SYMBOL, the player wins DOUBLE that amount. For GAME 3, if the player matches YOUR SYMBOLS within the same PLAY, the player wins the PRIZE shown for that PLAY. For GAME 4, if a player reveals three (3) MONEYBAG SYMBOLS in any one row, column or diagonal, the player wins the prize in the PRIZE box. The player scratches the BONUS BOX for a chance to win FIVE (5) TIMES the prize won. 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 63 (sixty-three) 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 63 (sixty-three) 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 63 (sixty-three) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.
17. Each of the 63 (sixty-three) 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. The $THR MILL and $20,000 prize symbols will always appear on non-winning tickets and will each appear on $2,000 and lower winning tickets when prize structure permits.
C. GAME 1: No duplicate WINNING NUMBERS play symbols.
D. GAME 1: No duplicate non-winning YOUR NUMBERS play symbols.
E. GAME 1: The "dollar bill" symbol (win x 10) will only appear as dictated by the prize structure.
F. GAME 1: No more than 2 matching non-winning prize symbols in this game.
G. GAME 1: Non-winning prize symbols will never be the same as the winning prize symbol(s) in this game.
H. GAME 2: No four or more matching play symbols.
I. GAME 2: No three matching play symbols on games where the "star" symbol (doubler) appears.
J. GAME 2: No three or four pairs.
K. GAME 3: No duplicate non-winning rows.
L. GAME 3: No more than 3 matching non-winning play symbols.
M. GAME 3: No duplicate non-winning prize symbols.
N. GAME 3: Non-winning prize symbols will never be the same as the winning prize symbol(s).
O. GAME 3: No adjacent row will contain two matching non-winning play symbols.
P. GAME 4: Only the "money bag" play symbol will appear 3 times in a row, column or diagonal.
Q. GAME 4: There will be a minimum of 4 "money bag" play symbols.
2.3 Procedure for Claiming Prizes.
A. To claim a "MILLIONS & MILLIONS" Instant Game prize of $30.00, $40.00, $70.00, $100, $300 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $30.00, $40.00, $70.00, $100, $300 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "MILLIONS & MILLIONS" Instant Game prize of $2,000 or $20,000, 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. To claim a "MILLIONS & MILLIONS" top level prize of $3,000,000, the claimant must sign the winning ticket and present it at Texas Lottery Commission headquarters in Austin, Texas. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. As an alternative method of claiming a "MILLIONS & MILLIONS" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
E. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected by the Attorney General; or
3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
F. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented for payment; or
D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "MILLIONS & MILLIONS" 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 "MILLIONS & MILLIONS" 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 3,600,000 tickets in the Instant Game No. 836. The approximate number and value of prizes in the game are as follows:
Figure 2: 16 TAC GAME NO. 836 - 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. 836 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. 836, 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-200701741
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: May 4, 2007
Notice of Availability and Request for Comments
Draft Damage Assessment and Restoration Plan
AGENCIES: Texas Parks and Wildlife Department (TPWD), Texas Commission on Environmental Quality (TCEQ), and the Texas General Land Office (TGLO) (hereafter, Natural Resource Trustees).
ACTION: Notice of availability of a Draft Damage Assessment and Restoration Plan (DARP) for natural resource damages resulting from the impacts of the November 15, 2004 crude oil discharge from an Energytec, Inc. facility into an unnamed tributary of Oliver Lake and Sulphur River in Titus County, Texas and of a 30-day period for public comment on the Draft DARP beginning the date of publication of this notice.
SUMMARY: This notice serves to inform the public that the Natural Resource Trustees have developed a Draft DARP to resolve Natural Resource Damages associated with this incident. The Draft DARP outlines the injuries resulting from the unauthorized discharge of oil and oily products into waters of the State of Texas and the adjacent habitats, as well as the proposed restoration project selected to compensate for those injuries. The opportunity for public review and comment on the Draft DARP announced in this notice is required under the Oil Pollution Act 33 U.S.C. 2706(c)(5), and parallels provisions of 15 CFR 990.14(d) and 990.55 of the federal Natural Resource Damage Assessment regulations.
ADDRESSES: A copy of this Draft DARP may be obtained by contacting: Johanna Gregory, Trustee Program, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744, Phone: (512) 912-7103, e-mail: johanna.gregory@tpwd.state.tx.us.
DATES: Comments must be submitted in writing within 30 days of the publication of this notice to Johanna Gregory of the Texas Parks and Wildlife Department at the address listed in the previous paragraph. The Natural Resource Trustees will consider all written comments received during the 30-day comment period prior to finalizing the Draft DARP.
SUPPLEMENTARY INFORMATION: On or about November 15, 2004 a transfer line(s) leading to an injection well and storage tank(s) in the Hoffman-Bankhead Unit located on the Hearts Bluff Game Ranch northeast of the city of Talco, Titus County, Texas, ruptured, resulting in an unauthorized discharge of crude oil into an unnamed tributary of Oliver Lake and Sulphur River. Approximately 8,400 gallons of crude oil were discharged into the creek and adjacent riparian habitat. Oil was observed at the discharge point and extended 0.50 miles downstream in the unnamed tributary to Oliver Lake and Sulphur River. After the initial discharge, oil spread further downstream in the unnamed tributary to Oliver Lake and adjacent bottomland hardwoods due to heavy rains and localized flooding. The oiling of habitat ranged from light to very heavy bands of oil on the banks, snags, and vegetation adjacent to and in the creek. Oil bands were observed as high as 4 feet on some trees.
Initial response actions by Energytec, Inc. included the use of heavy equipment to clear and remove oiled vegetation as well as bury standing oil in upland and aquatic environments. Secondary response actions initiated by the environmental contractors included herding oil to collection points where it was removed using vacuum trucks and absorbent pads. Further remedial actions were undertaken, including the chipping and land farming of oiled vegetation and oily debris. Oily debris and oiled trees and soil were buried in and along the banks of the unnamed tributary to Lake Oliver and Sulphur River. These further remedial actions required extensive grading, removal, and redistribution of sediments and soils in and along the unnamed tributary. Response and remedial actions resulted in natural resource injuries in addition to those caused by the discharge of crude oil. The response actions described have not adequately addressed, or are not expected to address, the potential injuries from the incident. Natural resources or their services impacted as a result of the spill and spill response included riparian/bottomland hardwood habitat, upland habitat, and aquatic habitat of the unnamed tributary to Lake Oliver and Sulphur River. Biota impacted by the spill included fish, birds, other wildlife species, and benthic communities.
Natural Resource Trustees (Trustees) have the authority under OPA (33 U.S.C. Section 2701 et seq.) to assess natural resource injuries resulting from this incident. TPWD, TCEQ, and TGLO are Trustees of the natural resources injured by the Energytec discharge.
The Natural Resource Trustees have determined that resources subject to their trust authority under this Act were exposed to crude oil as a result of the discharge. The quantity and concentration of the material discharged was sufficient to result in the impairment of exposed habitats. Energytec, Inc. as the designated responsible party declined the opportunity to work in a formal cooperative process with the Trustees to perform a restoration-based assessment addressing injuries to natural resource services resulting from the spill. The Trustees undertook this action on their own and performed several site investigations to assess the extent of injuries resulting from the discharge of oil and the associated response actions. Results from site investigations and Habitat Equivalency Analysis were used to determine the scale of restoration necessary to compensate for injuries to natural resource services.
In accordance with the Oil Pollution Act of 1990 regulations, the Trustees evaluated a reasonable range of restoration alternatives to compensate for injuries to natural resource services. After examining restoration alternatives and potential restoration sites, the Trustees have identified the preservation of existing high quality habitat located on Hearts Bluff Game Ranch as the preferred restoration alternative. The Trustees' proposed restoration project would preserve all or portions of a 79 acre tract of wet riparian habitat in Titus County. For further information contact: Johanna Gregory at (512) 912-7103, fax: (512) 912-7160, e-mail: johanna.gregory@tpwd.state.tx.us.
TRD-200701763
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Filed: May 7, 2007
The State Pension Review Board adopted 40 TAC §605.1, concerning Adoption of Standard Forms, in the May 4, 2007, issue of the Texas Register (32 TexReg 2480). Due to a typographical error by the agency the text for subsection (b)(4) was incorrectly submitted as: "Actuarial Report--Form Series PRB-500." The text of subsection (b)(4) is being corrected to read: "Actuarial Report--Form Series PRB-400."
TRD-200701753
Announcement of Application for an Amendment to a State-Issued Certificate of Franchise Authority
The Public Utility Commission of Texas received an application on May 4, 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 Universal Cable Holdings, Inc. d/b/a Suddenlink Communications for an Amendment to its State-Issued Certificate of Franchise Authority, Project Number 34246 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 34246.
TRD-200701780
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 8, 2007
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on May 4, 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 Javed Meghani for Retail Electric Provider (REP) Certification, Docket Number 34247 before the Public Utility Commission of Texas.
Applicant's requested service area by geography includes the entire State 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 May 25, 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 34247.
TRD-200701779
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 8, 2007
Notice is given to the public of an application filed on May 3, 2007 with the Public Utility Commission of Texas, for an amendment to certificated service area boundaries in Collin County, Texas.
Docket Style and Number: Application of AT&T Texas to amend a Certificate of Convenience and Necessity for a Minor Boundary Amendment between the Prosper, McKinney, and Frisco Exchanges. Docket Number 34245.
The Application: The minor boundary amendment is being filed to realign the service boundaries of the Prosper, McKinney, and Frisco exchanges of AT&T. AT&T is requesting two minor boundary amendments. The first proposed boundary amendment will transfer a small portion of service area from the Prosper exchange to the McKinney exchange; the second minor boundary change is between the Prosper and Frisco exchanges to accommodate a new subdivision so that the entire subdivision is in the Frisco exchange.
Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas by May 25, 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 34245.
TRD-200701781
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 8, 2007
Notice is given to the public of an application for sale, transfer, or merger filed with the Public Utility Commission of Texas on May 4, 2007, pursuant to the Public Utility Regulatory Act, TEXAS UTILITY CODE ANNOTATED §§14.101, 36.001, and 37.154 (Vernon 1998 & Supplement 2006) (PURA).
Docket Style and Number: Application to Transfer Certificates of Convenience and Necessity of McLennan County Electric Cooperative, Inc. and Belfalls Electric Cooperative, Inc. to Heart of Texas Electric Cooperative, Inc. Docket Number 34258.
The Application: McLennan County Electric Cooperative, Inc. and Belfalls Electric Cooperative, Inc. have agreed to consolidate into Heart of Texas Electric Cooperative, Inc. McLennan County Electric Cooperative, Inc. and Belfalls Electric Cooperative, Inc. stated that its members have approved the consolidation and the only remaining actions necessary to effect the consolidation are the filing of the articles of incorporation, the issuance of a certificate of consolidation by the Secretary of State, and the transfer of certificates of convenience and necessity to the new Heart of Texas Electric Cooperative, Inc. McLennan County Electric Cooperative, Inc. and Belfalls Electric Cooperative, Inc. also stated that a board of directors, which will consist of all existing board members from both cooperatives will manage the new cooperative and all staff will remain in place. No rates to members will change as a result of this consolidation and transfer. McLennan County Electric Cooperative, Inc. holds Certificate of Convenience and Necessity Number 30119 and Belfalls Electric Cooperative, Inc. holds Certificate of Convenience and Necessity Number 30009.
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 34258.
TRD-200701778
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 8, 2007
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on May 3, 2007, for an amendment to certificated service area boundaries within Martin County, Texas.
Docket Style and Number: Application of Oncor Electric Delivery Company to Amend a Certificate of Convenience and Necessity for a Service Area Exception within Martin County, Texas. Docket Number 34238.
The Application: Oncor Electric Delivery Company (Oncor) requests a service area exception to serve a single customer Invenergy, L.L.C. located within the certificated service area of Cap Rock Energy Company (Cap Rock). The Invenergy Stanton Wind Project is a 111 MW wind-powered electric generation station with turbines located throughout 17,000 acres of Martin County. Electric service resources are not currently available to the area. Oncor received a request for service to the affected area. Cap Rock is in full agreement with the territory amendment.
Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas no later than May 25, 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 34238.
TRD-200701742
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 4, 2007
On May 1, 2007, UAI of Texas, Inc. filed an application with the Public Utility Commission of Texas (commission) to relinquish its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60297. Applicant intends to relinquish its certificate.
The Application: Application of UAI of Texas, Inc. to Relinquish its Service Provider Certificate of Operating Authority, Docket Number 34231.
Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than May 23, 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 34231.
TRD-200701743
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 4, 2007
Notice is given to the public of the filing on May 3, 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 or about May 14, 2007.
Docket Title and Number: Application of United Telephone Company of Texas, Inc. d/b/a Embarq for Approval of LRIC Study to Introduce Voice Business Continuity Pursuant to P.U.C. Substantive Rule §26.214, Docket Number 34241.
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 34241. 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 34241.
TRD-200701777
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 8, 2007
Notice is given to the public of the filing on May 3, 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 or about May 14, 2007.
Docket Title and Number: Application of Central Telephone Company of Texas d/b/a Embarq for Approval of LRIC Study to Introduce Voice Business Continuity Pursuant to P.U.C. Substantive Rule §26.214, Docket Number 34242.
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 34242. 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 34242.
TRD-200701776
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 8, 2007
Notice is given to the public of the filing with the Public Utility Commission of Texas of a petition on May 1, 2007, for waiver of denial by the Pooling Administrator (PA) of Southwestern Bell Telephone, LP, doing business as AT&T Texas' (AT&T) request for the assignment of one growth block in the Plano rate center.
Docket Title and Number: Petition of Southwestern Bell Telephone, LP doing business as AT&T Texas for Waiver of Denial of Numbering Resources in the Plano Rate Center. Docket Number 34232.
The Application: AT&T requires additional non-EAS numbering resources to meet the customers' demand for basic local telecommunications service.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than May 23, 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 34232.
TRD-200701744
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 4, 2007
Notice of Application for Designation as a "Texas Star Builder"
The 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 Sept. 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 rules for application for designation can be found on the commission’s website at www.trcc.state.tx.us
Pursuant to 10 TAC §303.300(i)(2) the commission is required 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 twenty-one (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(s) for designation as a "Texas Star Builder" of:
Durrett Interests, L.L.C., 1612 West 5th Street, 2nd Floor, Austin, TX 78703; TRCC builder registration certificate # 1428; and the registered agent is Marshall Durrett.
Interested persons may send written comments regarding this application to Susan K. Durso, General Counsel, The Texas Residential Construction Commission, P.O. Box 13144, Austin, TX 78711-3144. Comments regarding this application will be accepted for twenty-one days following the date of publication of this notice in the Texas Register. Thereafter, the comments will not be considered as timely filed.
TRD-200701740
Susan K. Durso
General Counsel
Texas Residential Construction Commission
Filed: May 3, 2007
Public Notice for Application Workshops
Application Workshops for Texas Community Development Block Grant (CDBG) Disaster Recovery Funds Infrastructure
The Office of Rural Community Affairs (ORCA) will be holding application workshops regarding the second funding of Texas CDBG Disaster Recovery Funds provided for those areas most impacted by Hurricane Rita. This application process will be related to a competitive process awarding $22,200,000 in federal funding from the CDBG Disaster Recovery Program to be used for the restoration of critical infrastructure damaged by Hurricane Rita in the 29 counties directly affected by Hurricane Rita and designated in the State of Texas Action Plan for CDBG Disaster Recovery. Eligible local and county governments interested in receiving funds from this allocation are encouraged to attend a workshop. The Notice of Funding Availability, Application Guide, and Application for these funds can be found on the ORCA website at: www.orca.state.tx.us.
Date: May 22, 2007
10:00 a.m. - 1:00 p.m.
Deep East Texas Council of Governments
210 Premier Drive, Conference Room
Jasper, Texas 75951
Date: May 23, 2007
10:00 a.m. - 1:00 p.m.
Beaumont Housing Authority
1890 Laurel Street, 1st Floor
Beaumont, Texas 77701
Date: May 24, 2007
2:00 p.m. - 5:00 p.m.
Hardin County Courthouse
300 Monroe Street, Commissioner's Courtroom
Kountze, Texas 77625
For more information, please call Heather Lagrone at (512) 936-6727 or via e-mail at hlagrone@orca.state.tx.us.
TRD-200701750
Mark Wyatt
Manager, Program Development
Office of Rural Community Affairs
Filed: May 7, 2007
Aviation Division - Request for Proposal for Aviation Engineering Services
The City of Eastland, through its agent the Texas Department of Transportation (TxDOT), intends to engage an aviation professional engineering firm for services pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT Aviation Division will solicit and receive proposals for professional aviation engineering design services described below:
Airport Sponsor: City of Eastland, Eastland Municipal Airport. TxDOT CSJ No.:0623ESTLD. Scope: Provide engineering/design services to construct 1,000 LF Runway 17 extension with turnaround; construct T-hangar apron area; rehabilitate Runway 17-35 (NPI with displaced threshold) and mark; rehabilitate apron and taxiway areas and restripe; extend MIRLs; relocate PAPI on Runway 35; install obstruction lights on north transmission line poles; pave access taxiways to new T-Hangars; and construct south access road.
The DBE goal is set at 6%. TxDOT Project Manager is Steve Roth.
To assist in your proposal preparation the most recent Airport Layout Plan, 5010 drawing, and project narrative are available online at www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm by selecting "Eastland Municipal Airport".
Interested firms shall utilize the latest version of Form AVN-550, titled "Aviation Engineering Services Proposal". The form may be requested from TxDOT Aviation Division, 125 East 11th Street, Austin, Texas 78701-2483, phone number, 1-800-68-PILOT (74568). The form may be emailed by request or downloaded from the TxDOT web site, URL address http://www.dot.state.tx.us/avn/avn550.doc . The form may not be altered in any way. All printing must be in black on white paper, except for the optional illustration page. Firms must carefully follow the instructions provided on each page of the form. Proposals may not exceed the number of pages in the proposal format. The proposal format consists of seven pages of data plus two optional pages consisting of an illustration page and a proposal summary page. Proposals shall be stapled but not bound in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT. ATTENTION: To ensure utilization of the latest version of Form AVN-550, firms are encouraged to download Form AVN-550 from the TxDOT website as addressed above. Utilization of Form AVN-550 from a previous download may not be the exact same format. Form AVN-550 is an MS Word Template.
Six completed, unfolded copies of Form AVN-550 must be received by TxDOT Aviation Division at 150 East Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704 no later than June 8, 2007, 4:00 p.m. Electronic facsimiles or forms sent by email will not be accepted. Please mark the envelope of the forms to the attention of Edie Stimach.
The consultant selection committee will be composed of local government members. The final selection by the committee will generally be made following the completion of review of proposals. The committee will review all proposals and rate and rank each. The criteria for evaluating engineering proposals can be found at www.dot.state.tx.us/business/avnconsultinfo.htm . All firms will be notified and the top rated firm will be contacted to begin fee negotiations. The selection committee does, however, reserve the right to conduct interviews of the top rated firms if the committee deems it necessary. If interviews are conducted, selection will be made following the interviews.
If there are any procedural questions, please contact Edie Stimach, Grant Manager, or Steve Roth, Project Manager, for technical questions at 1-800-68-PILOT (74568).
TRD-200701767
Bob Jackson
General Counsel
Texas Department of Transportation
Filed: May 8, 2007
The Aviation Division of the Texas Department of Transportation (TxDOT) intends to enter into contracts with prime provider(s) pursuant to Government Code, Chapter 2254, Subchapter A, for professional surveying services including fee acquisition and avigation easement.
TxDOT CSJ No.: 07AVSURVY
Project Description and Work to be Performed:
The Aviation Division of TxDOT intends to enter into two or three contracts with prime providers to perform professional surveying services. The work to be performed consists of surveying airport runway protection zones, threshold sighting surfaces, preparation of airport property maps, field notes, parcel plats, metes and bounds, avigation easement surveys, and plan profile plats of approach surfaces with elevations.
Work will be performed at various locations within the 254 counties of the state of Texas.
Contracted firms will be required to provide on-demand surveying services throughout the state with up to five days advance notification.
Services to be Provided by the Surveyor-Fee Acquisition:
1. Surveyor will obtain Right of Entry from the property owner prior to entering the property.
2. Applicable Texas Board of Professional Land Surveying (TBPLS), Texas Society of Professional Surveyors (TSPS), and TxDOT standards shall be followed for the type of survey being preformed.
3. Acquisition areas will be monumented with materials that will remain relatively permanent and stable for the area. The property description will reference monuments set or found per current TBPLS regulations. Taking lines will be marked with a stake and lathe every 150 linear feet.
4. Property descriptions and parcel plats shall include the size of any remainder tract created when surveying a partial acquisition. This area may be calculated using deed information. An additional sketch will depict the physical relationship of the partial acquisition to the parent tract.
5. Scale selected should allow presentation on 8 x 11 inch paper, unless another size is required for legibility. Only the scales from an engineer's scale (10, 20, 30, 40, 50, 60 and multiples of 10) may be used.
6. Project units should be US Survey Feet, Horizontal; North American Datum (NAD) 1983 (1993 Adjustment), Vertical; and North American Vertical Datum (NAVD) 1988, unless the project site dictates another system for data compatibility.
7. Each Parcel Plat should note owner's name and area of the whole property. On partial acquisitions, the area to be acquired and remaining acreage should also be noted.
8. On a separate sketch, show bearing and distances from the threshold along the centerline to the points where the centerline crosses the airport property and the subject property and tie these points to the nearest property corner. Also show bearing and distance of runway centerline extending through the subject property and tie to nearest corner. This sketch does not need to be signed and sealed.
9. Furnish four original signed/sealed field note descriptions and plats for each parcel.
Services to be Provided by the Surveyor-Avigation Easement:
1. Surveyor will obtain permission from the property owner prior to entering the property.
2. Applicable TBPLS, TSPS, and TxDOT standards shall be followed for the type of survey being preformed.
3. Acquisition areas will be monumented with materials that will remain relatively permanent and stable for the area. The property description will reference monuments set or found per current TBPLS regulations.
4. Elevations of approach surface will be determined and shown on plat and plan profile view for each parcel. Elevations will be shown for the runway end (threshold) point where the approach surface comes into contact with the subject property at the nearest point to the threshold and the point the approach surface departs the subject property at the furthest point from the threshold.
5. Determine elevations of all improvements and vegetation penetrations in part taken. Show height of all improvements and vegetation penetrations on profile. Show ground contour along extended runway centerline every 100 feet.
6. Determine elevations on all property corners.
7. Property descriptions and parcel plats shall include the size of any remainder tract created when surveying a partial acquisition. This area may be calculated using deed information. An additional sketch will depict the physical relationship of the partial acquisition to the parent tract.
8. Scale selected should allow presentation on 8 x 11 inch paper, unless another size is required for legibility. Only the scales from an engineer's scale (10, 20, 30, 40, 50, 60 and multiples of 10) may be used.
9. Project units should be US Survey Feet, Horizontal; North American Datum (NAD) 1983 (1993 Adjustment), Vertical; and North American Vertical Datum (NAVD) 1988, unless the project site dictates another system for data compatibility.
10. Each Parcel Plat should note owner's name and area of the whole property. On partial acquisitions, the area to be acquired and remaining acreage should also be noted.
11. On a separate sketch, show bearing and distances from the threshold along the centerline to the points where the centerline crosses the airport property and the subject property and tie these points to the nearest property corner. Also show bearing and distance of runway centerline extending thru the subject property and tie to nearest corner. This sketch does not need to be signed and sealed.
12. Furnish four original certified field note descriptions and plats for each parcel.
Selection Requirements:
The proposed team must demonstrate that a professional land surveyor registered or licensed in Texas will sign and/or seal the work performed on the contract. For purposes of executing a contract and doing work with TxDOT, the prime provider must be registered with the Texas Board of Professional Land Surveying for surveying contracts. The proposing firm must demonstrate a familiarity with the Texas Department of Transportation Surveying Manual, Chapter 6. The selected firm must perform 30% of the actual contract work.
Historically Underutilized Business (HUB) Goal/Disadvantaged Business Enterprise (DBE):
The assigned HUB/DBE goal for participation in the work to be performed under this contract will be race neutral. Services for HUB or DBE will be reported dependent upon the funding utilized for each project.
Selection Criteria:
TxDOT will evaluate proposals using the following criteria:
1. Working knowledge of TxDOT's Surveying Manual, Chapter 6. 20 points
2. The project manager's experience with airports, airport property maps and aviation related surveying. 30 points
3. The project manager's experience with approach surfaces for avigation easements. 30 points
4. Ability to perform on-demand services and ability to adhere to schedules and deadlines. 20 points
Proposal Procedure:
The successful firms will be selected on the basis of a proposal of no more than five (5) typed, 8 x 11 inch single sided pages, using no smaller than a 12 pitch font size. In addition to the five (5) aforementioned pages, please include one (1) sketch of previous work showing a plat sketch depicting fee simple interest and one (1) plat sketch of previous work showing the plan profile of an avigation easement. The proposal will systematically address the four criteria listed above and data provided below, and will be scored accordingly.
At a minimum, the proposal must include:
1. The RFP number, name of firm, address, email address, telephone number and contact information for key personnel.
2. Information showing the team's project understanding and approach, the project manager's experience with similar projects, similar project-related experience of the task leaders responsible for the major work categories and other pertinent information addressed in this notice. For each similar project referenced, identify either the project manager's or the task leader's specific role(s) and work contributed.
3. List of ten recent relevant projects within the last five years.
4. Name and contact information (mailing address, email address, telephone number) for at least three prime provider client references for similar related projects. Members of the consultant selection committee consisting of Scott Bryan, Darryl Zercher, and Marty Coston may not be used as references.
5. Insert two illustration pages no larger than 8 x 11 inches in size of a plat sketch depicting a fee simple interest and a plat sketch depicting the plan profile of an avigation easement.
Contract Terms:
Each total contract, whether executed with two or three firms, shall not exceed $300,000. For each individual project, the selected firm will submit a proposed schedule and price for surveying based on the scope provided by the TxDOT Aviation Project Manager for approval. The TxDOT Project Manager may add or delete specific requirements based on the complexity and/or budget constraints of each individual project.
Compensation for individual projects shall be based on costs for required surveys that are commensurate with industry standards, plus travel expenses, and per diem when appropriate. On occasion, if mutually beneficial, a lump sum fee for a project may be allowed.
This contract shall be in effect for 24 months after execution and can be extended by written amendment agreed to by both parties for an additional 24 months.
Deadline:
Five unfolded copies of the proposal must be received by TxDOT Aviation Division at 150 East Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704 no later than June 20, 2007, 4:00 p.m. Electronic facsimiles or forms sent by email will not be accepted. Please mark the envelope of the forms to the attention of Amy Slaughter.
The consultant selection committee will be composed of TxDOT staff members. The final selection by the committee will generally be made following the completion of review of proposals. The committee will review all proposals and rate and rank each. All firms will be notified and the top rated firms will be contacted to begin fee negotiations. The selection committee does, however, reserve the right to conduct interviews of the top rated firms if the committee deems it necessary. If interviews are conducted, selection will be made following interviews.
If there are any procedural questions, please contact Amy Slaughter, Grant Manager at 1-800-68-PILOT (74568). Please contact Scott Bryan, Project Manager for technical questions at 1-800-68-PILOT (74568).
TRD-200701766
Bob Jackson
General Counsel
Texas Department of Transportation
Filed: May 8, 2007
Notice of Request for Application
Texas Regional Collaboratives for Excellence in Science and Mathematics Teaching
Title II Part B - Mathematics and Science Partnerships
The University of Texas at Austin, Center for Mathematics and Science Education, Texas Regional Collaboratives for Excellence in Science Teaching announces a competitive Request for Applications.
Purpose: Applicant programs are to improve the academic achievement of students in science and math through forming partnerships among institutions of higher education, local education agencies, elementary schools, and secondary schools. These partnerships will provide high quality, sustained, and high intensity professional development focused on the education of science teachers as a career-long process. Such process should continuously stimulate teachers' intellectual growth and upgrade teachers' knowledge and skills through activities that are founded on scientifically based research and aligned with the Texas Essential Knowledge and Skills for Science and Math.
Estimated Range of Awards: Math ($150,000 - $200,000) Science ($85,000 - $150,000)
Program Period: August 1, 2007 through July 31, 2008
Application for Transmittal Deadline: June 11, 2007
Parties interested in a copy of the Request for Application can visit our website at www.theTRC.org or contact:
Dr. Carol Fletcher
Assistant Director, Texas Regional Collaboratives
(512) 232-5690
Carol.Fletcher@mail.utexas.edu
TRD-200701732
Francie A. Frederick
General Counsel to the Board of Regents
The University of Texas System
Filed: May 2, 2007
Request for Information (RFI) (Outside Counsel - September 1, 2007 to August 31, 2009)
The Texas A&M University System (the "A&M System") requests information from law firms interested in representing the A&M System and its members in the areas of law described below. The A&M System, located in College Station, consists of nine universities (located in College Station, Prairie View, Stephenville, Kingsville, Commerce, Corpus Christi, Laredo, Texarkana, and Canyon), a health science center (located in College Station), seven state agencies (located statewide), and a System Administrative and General Office (located in College Station). This RFI is issued to establish a referral list from which the A&M System, by and through its Office of General Counsel, will select appropriate counsel for representation of the A&M System and its institutions and agencies on specific matters as the need arises during the timeframe beginning September 1, 2007 to August 31, 2009. The A&M System invites responses to this RFI from qualified firms for the provision of legal services under the direction and supervision of the A&M System Office of General Counsel. Subject to approval by the Texas Attorney General, the A&M System will engage outside counsel with experience in the following areas of law:
Communications (FCC): Representation and advice regarding communications law, noncommercial broadcast issues, First Amendment, and broadcast journalism legal issues, including but not limited to preparing, filing, prosecuting, maintaining, and renewing various permits, licenses and license applications with the Federal Communications Commission (FCC).
Corporate and Business Law: Representation and advice regarding corporate and securities transactions and regulations, including but not limited to entity formation, such as corporations, joint ventures, limited partnerships, limited liability companies, 501(c)(3) corporations, and public-private partnerships, with emphasis on the unique exposure of an agency of the State of Texas and its officers and employees in public-private activities and relationships; drafting and filing entity documents; filing for certificates of authority to transact business in other states; private equity investing; and complex business and commercial transactions.
Foundations: Representation and advice regarding the design, formation, and operation of foundations and other types of organizations created to support the mission of the A&M System and its member institutions and agencies in support of their missions of teaching, support, and extension, including filing appropriate documents with state and federal agencies including The Texas Secretary of State and the U. S. Internal Revenue Service, and other ancillary matters.
Employment Law: Representation and advice regarding complex employment law issues.
Health Law: Representation and advice regarding billing; clinical research contracting, Health Insurance Portability and Accountability Act (HIPAA), regulatory compliance, and other general health law matters.
Immigration Law: Representation and advice from qualified law firms specializing in immigration law regarding immigration law matters, including but not limited to petitioning for nonimmigrant visas (including H-1Bs); petitioning for employer sponsored permanent residence; representation before the Department of Labor, including but not limited to labor condition applications, labor certifications Program Electronic Review Management (PERM); complying with the Student and Exchange Visitor Information System (SEVIS) requirements; impact of homeland security issues on immigration law; and representation before U.S. courts and appropriate governmental agencies, including the Department of Homeland Security, the Department of State, and the Department of Labor, as well as interaction with A&M System institutions' international offices and human resources offices, under the direction and supervision of the A&M System Office of General Counsel.
Intellectual Property (IP) Matters: Representation and advice regarding intellectual property matters, including but not limited to preparing, filing, prosecuting, and maintaining patent applications in the United States and other countries; securing copyright protection for computer software; preparing, filing, and prosecuting applications to register software; preparing, filing, and prosecuting applications to register trademarks and service marks in the United States and other countries; complex licensing transactions; and all other related matters.
Investments: Representation and advice to the A&M System Board of Regents regarding the discharge of its fiduciary duties in managing the investment funds under its control by responding to the more complex legal questions that arise in investment management areas, including questions regarding compliance with the intent of Sarbanes-Oxley duties and responsibilities and representation and advice to the Office of the Treasurer regarding strategies and management practices in the conduct of the A&M System's investment programs, including review of investment documents, policies, tax implications, and all matters related to the investment of institutional and endowment funds. Investments are accomplished through several investment types including, but not limited to, direct investments, securities lending, commingled funds, fund of funds, swap arrangements, and limited partnerships.
Litigation - General: Representation and advice regarding complex litigation matters, including but not limited to employment litigation, real estate litigation, wills and estate litigation, Texas Public Information Act litigation, and commercial and creditors' rights litigation.
Litigation - IP: Representation and advice regarding all intellectual property matters, including but not limited to pursuit of litigation against infringers of A&M System intellectual property rights and defense of any intellectual property related claims.
Real Estate and Finance Transactions: Representation and advice regarding acquisitions, dispositions, eminent domain, financings, entity formation (joint ventures, limited partnerships, limited liability companies, real estate investment trusts, business trusts), securitization, leasing, construction contracting, and workouts and restructurings.
Real Estate and Oil & Gas Transactions Outside the State of Texas: Representation and advice regarding real estate and oil and gas transactions, including but not limited to litigation or hearings related to oil, gas, or other mineral interests that are located outside the State of Texas and that are either owned by or proposed to be given to the A&M System or one of its members and litigation or hearings related to real estate interests and trust, estate, and probate matters that are located outside the State of Texas and that are either owned by or proposed to be given to the A&M System or one of its members.
Tax-Exempt Bond Matters: Public, tax-exempt bond issuance is conducted under two major programs and is rated by at least two major rating agencies. Bonds are issued under authority granted the A&M System in Article VII, Sec. 18 of the Texas Constitution (Permanent University Fund). A flexible rate note program with an authorized limit of $125 million is frequently used to finance capital improvement needs of the program. Note sales are normally conducted once or twice each year. As of March 15, 2007, $5 million is issued and outstanding. Current and advance refunding of Permanent University Fund bonds are conducted periodically based on potential savings opportunities. Under authority granted in Chapter 55, Texas Education Code, and Chapters 1207 and 1371, Texas Government Code, and other applicable laws, the A&M System also issues revenue bonds for capital improvements. The A&M System employs a revenue bond program, which offers a combined pledge of all legally available revenues with certain exceptions (the Revenue Financing System). A commercial paper program is used for interim financing with long-term bonds sold to provide more permanent financing. The commercial paper program is presently authorized up to $200 million. As of March 15, 2007, the amount of issued and outstanding commercial paper is $153 million. Current and advance refunding of bonds and escrow restructures of previously defeased bonds, based on market opportunities, may be expected. Federal tax-related matters regarding bonds issued by the A&M System, including strategies and management practices in the conduct of a debt program, requires a close working relationship with bond counsel. Contact is frequent due to the significant level of capital improvements anticipated throughout the A&M System.
Tax Matters: Representation and advice regarding state taxes, state pension issues and plans available only to universities, and regarding federal income, estate, gift, employment, and excise taxes, including but not limited to matters regarding: taxation of any kind, including tax liens, tax garnishments, tax levies, tax assessments, tax valuations, as well as summonses, subpoenas, and discovery relating to tax matters; tax audits; appeals of tax issues; tax hearings before administrative law judges and magistrates; appeals to Internal Revenue Service (IRS) appeals officers, district court, U.S. Tax Court, U.S. District Court, U.S. Court of Claims, and other venues on tax matters; employee benefits such as Internal Revenue Code (I.R.C.) Sec. 125 cafeteria plans, the Texas Optional Retirement Program, Internal Revenue Code (I.R.C.) Secs. 403(b), 415(m), 457(a), 457(b), and 457(f) plans; income tax matters, including unrelated business income tax as it relates to universities; federal tax matters regarding compensation issues and deferred compensation; non-resident alien and expatriate tax issues; interaction with and representation before the IRS and other tax authorities in any tax controversy; and charitable fundraising activities. Although outside counsel will not be required to prepare the A&M System tax return, it will be required to give legal advice on issues relating to the filing of tax returns and the appropriate treatment of tax matters on such returns. Outside counsel should be admitted to practice before the Texas state courts, the U.S. Tax Court, the U.S. District Court, and the U.S. Court of Claims.
Sports Law: Representation and advice regarding compliance with the rules and eligibility regulations of the National Collegiate Athletic Association.
Utility Matters: Representation and advice in utility matters, including but not limited to natural gas, electric, and telecommunications matters, including reviewing contracts, conducting research, rendering legal opinions, pursuing litigation (if approved by the Texas Attorney General), reviewing policies, strategies, tactics and practices concerning the competitive procurement and delivery of natural gas and electricity, and handling other utility related legal matters; participate in periodic meetings of an energy advisory committee.
Volunteer Fire Department Self Insurance Defense: Representation and advice relating to volunteer fire departments and officials, employees, members, and volunteers of a volunteer fire department, in a liability action for which insurance coverage is provided under Article 21.61 of the Insurance Code.
Responses: Responses to this RFI should include at least the following information: (1) a description of the firm's or attorney's qualifications for performing the legal services, including the firm's prior experiences in the specific area of law for which the firm is responding; (2) the expertise, including scientific or technical, of the attorneys that would be assigned to work on such matters; (3) the submission of the information in the form of a range of hourly rates (not to exceed $500 per hour) for each billing class of personnel who may be assigned to perform services in relation to the A&M System's matter and/or a proposed flat fee or other fee arrangement directly related to the achievement of specific goals and cost controls; (4) a description of the efforts made by the firm to encourage and develop the participation of minorities and women in the provision both of the firm's legal services generally and the specific areas of law in particular; (5) disclosures of conflicts of interest (identifying each and every matter in which the firm has, within the past calendar year, represented any entity or individual with an interest adverse to the A&M System or to the State of Texas, or any of its boards, agencies, commissions, universities, or elected or appointed officials; (6) confirmation of willingness to comply with policies, directives, and guidelines of the A&M System and the Attorney General of the State of Texas; and (7) whether the firm is willing and able to generate electronic invoices.
Responses to the request for intellectual property counsel shall also include: (i) whether the firm is willing to file provisional patent applications for a flat fee, and if so, the amount of the fee; (ii) whether the firm has any special expertise in plant genetics and plant biochemistry; (iii) whether the firm is willing to consider being paid directly by third parties (licensees), without affecting the attorney/client relationship between the firm and the A&M System; and (iv) whether the firm is willing to pursue patent infringement litigation on a contingency fee basis.
Responses to the request for immigration counsel shall also include a proposed flat fee or other fee arrangement directly related to the preparation and filing of the following specific nonimmigrant and immigrant categories: H-1B initial and extensions, TN initial and extensions, O-1 initial and extensions, E-3 initial and extensions, EB-1.2, EB-2 Regular Labor Certification, EB-2 Special Handling Labor Certification, EB-2 Hybrid Labor Certification, EB-3 Labor Certification and group services such as Labor Certification, I-140 and Adjustment of Status.
The law firm(s) or attorney(s) will be selected based on demonstrated knowledge and experience, quality of staff assigned to perform services under the contract, compatibility with the goals and objectives of the A&M System, and reasonableness of proposed fees. The successful firm(s) or attorney(s) will be required to sign the Outside Counsel Agreement approved by the Texas Attorney General, and execution of a contract with the A&M System is subject to approval by the Texas Attorney General. The A&M System reserves the right to accept or reject any or all responses submitted. The A&M System is not responsible for and will not reimburse any costs incurred in developing and submitting a response.
You will be contacted if the A&M System or an A&M System member chooses to contract with your firm for outside counsel services.
Format and Person to Contact: Two copies of each response should be sent by mail or delivered in person, marked "Response to Request for Information-Outside Counsel 2007". Address all responses to Mr. Cullen M. Godfrey, General Counsel, The Texas A&M University System, 200 Technology Way, Suite 2079, College Station, Texas 77845-3424. Firms interested in responding to more than one area of law must separate each area by tabs or must provide separate responses for each area of law. Responses should be typed on 8.5 by 11 inch paper.
Deadline for Submission of Response: All responses must be complete and submitted to the Office of General Counsel of the A&M System no later than 5:00 p.m., June 18, 2007.
TRD-200701787
Vickie Burt Spillers
Executive Secretary to the Board
The Texas A&M University System
Filed: May 9, 2007
RFP#2007-31 To Provide for a Residential Program for Younger Offenders.
The Texas Youth Commission (TYC) is seeking proposals for a safe residential setting for male or female younger juvenile offenders who are between the ages of 10 through 13. The program should reflect as nearly as possible an environment that is developmentally appropriate to this age group. The program should be conducive to promoting positive behavioral changes in young juveniles. The program can be 48 beds or smaller located within the State of Texas.
Eligible applicants include corporations, private non-profit agencies, private for-profit agencies, or individuals. The TYC encourages historically underutilized businesses (HUBs) to respond to this request for proposal. Proposals must be received no later than 5:00 p.m. Central Daylight Time on June 4, 2007.
Proposals will be evaluated and selected based on the description of services, applicant's qualifications and past experience, reasonableness and competitiveness of cost and resources, and applicant's demonstrated ability to commence services on or after July 1, 2007 and before October 31, 2007.
More than one contract may be awarded.
Request for Proposal packets and information may be obtained from Mark Higdon, Business Manager for Contract Programs, Texas Youth Commission, P.O. Box 4260, Austin, Texas 78765; mark.higdon@tyc.state.tx.us; (512) 424-6031.
The closing date for receipt of proposals is 5:00 p.m. Central Daylight Time on June 4, 2007.
TRD-200701754
Deanna Lloyd
Chief of Policy Administration
Texas Youth Commission
Filed: May 7, 2007
RFP#2007-32 To Provide for a Secure Residential Program for Male Offenders.
The Texas Youth Commission (TYC) is seeking proposals for a secure residential setting for male juvenile offenders who are 15 years of age and older. The program should reflect an environment that is developmentally appropriate to juveniles. The program should be conducive to promoting positive behavioral changes in juveniles. The program can be 48 beds or smaller located within the State of Texas.
Eligible applicants include corporations, private non-profit agencies, private for-profit agencies, or individuals. The TYC encourages historically underutilized businesses (HUBs) to respond to this request for proposal. Proposals must be received no later than 5:00 p.m. Central Daylight Time on June 4, 2007.
Proposals will be evaluated and selected based on the description of services, applicant's qualifications and past experience, reasonableness and competitiveness of cost and resources, and applicant's demonstrated ability to commence services on or after July 1, 2007 and before October 31, 2007.
More than one contract may be awarded.
Request for Proposal packets and information may be obtained from Mark Higdon, Business Manager for Contract Programs, Texas Youth Commission, P.O. Box 4260, Austin, Texas 78765; mark.higdon@tyc.state.tx.us; (512) 424-6031.
The closing date for receipt of proposals is 5:00 p.m. Central Daylight Time on June 4, 2007.
TRD-200701755
Deanna Lloyd
Chief of Policy Administration
Texas Youth Commission
Filed: May 7, 2007
RFP#2007-33 To Provide for a Non-Secure Residential Program for Male Offenders.
The Texas Youth Commission (TYC) is seeking proposals for a non-secure residential setting for male juvenile offenders who are 15 years of age and older. The program should reflect an environment that is developmentally appropriate to juveniles. The program should be conducive to promoting positive behavioral changes in juveniles. The program can be 48 beds or smaller located within the State of Texas.
Eligible applicants include corporations, private non-profit agencies, private for-profit agencies, or individuals. The TYC encourages historically underutilized businesses (HUBs) to respond to this request for proposal. Proposals must be received no later than 5:00 p.m. Central Daylight Time on June 4, 2007.
Proposals will be evaluated and selected based on the description of services, applicant's qualifications and past experience, reasonableness and competitiveness of cost and resources, and applicant's demonstrated ability to commence services on or after July 1, 2007 and before October 31, 2007.
More than one contract may be awarded.
Request for Proposal packets and information may be obtained from Mark Higdon, Business Manager for Contract Programs, Texas Youth Commission, P.O. Box 4260, Austin, Texas 78765; mark.higdon@tyc.state.tx.us; (512) 424-6031.
The closing date for receipt of proposals is 5:00 p.m. Central Daylight Time on June 4, 2007.
TRD-200701756
Deanna Lloyd
Chief of Policy Administration
Texas Youth Commission
Filed: May 7, 2007