In Addition

In Addition

Texas Commission on Environmental Quality

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is February 4, 2008 . 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 February 4, 2008. 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: Alexander Moulding Mill Company; DOCKET NUMBER: 2007-1381-PWS-E; IDENTIFIER: RN100828805; LOCATION: Hamilton, Hamilton County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 Texas Administrative Code (TAC) §290.41(c)(3)(B) and TCEQ Agreed Order Docket Number 2005-0762-PWS-E, Ordering Provision 2.a.i., by failing to provide a well casing 18 inches above the ground surface; 30 TAC §290.46(f)(3)(E)(i), by failing to keep in file and make available for commission review the water system's monthly operation reports; 30 TAC §290.39(j)(1)(A), by failing to notify the TCEQ prior to making any significant change or addition to the system's pressure maintenance facilities; 30 TAC §290.41(c)(1)(F) and TCEQ Agreed Order Docket Number 2005-0762-PWS-E, Ordering Provision 2.b.ii., by failing to secure a sanitary control easement covering land within 150 feet of the well; 30 TAC §290.46(f)(3)(D)(i) and (n)(2) and §290.121(a), by failing to keep on file and make available for commission review water system bacteriological analysis results; 30 TAC §290.46(f)(3)(D)(ii), by failing to keep on file and make available for commission review annual inspection reports for the water system's ground storage tanks and two pressure tanks; 30 TAC §290.42(j), by failing to keep on file and make available for commission review documentation to demonstrate the use of American National Standards Institute/National Sanitation Foundation Standard 60 for chemical additives used for disinfection; and 30 TAC §290.46(n)(3), by failing to keep on file and make available for commission review the water system's well completion data; PENALTY: $2,625; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254)751-0335.

(2) COMPANY: Franklin Bain; DOCKET NUMBER: 2007-1968-WOC-E; IDENTIFIER: RN103420550; LOCATION: Edmonson, Hale County, Texas; TYPE OF FACILITY: licensing; 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: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806)796-7092.

(3) COMPANY: Boyett Construction, L.L.C.; DOCKET NUMBER: 2007-1666-WQ-E; IDENTIFIER: RN105205942; LOCATION: Bridge City, Orange County, Texas; TYPE OF FACILITY: hotel construction site; RULE VIOLATED: 30 TAC §281.25(a)(4) and Texas Pollutant Discharge Elimination System (TPDES) General Permit Number TXR150000, Part III, Section F.1(a), (b), (d), (e), (f)(i), (f)(iii), and F.5(b), by failing to develop a storm water pollution prevention plan; 30 TAC §281.25(a)(4) and TPDES General Permit Number TXR150000, Part III, Section F.8(a), by failing to conduct an inspection of the controls at the site; and 30 TAC §281.25(a)(4), TPDES General Permit Number TXR150000, Part III, Section F.2(a) and F.7, and the Code, §26.121(a), by failing to properly design and maintain sediment controls to retain sediment on-site and prevent the discharge of sediment to any water in the state; PENALTY: $1,680; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(4) COMPANY: Custom Building Products, Inc.; DOCKET NUMBER: 2007-1466-AIR-E; IDENTIFIER: RN100614809; LOCATION: Grand Prairie, Dallas County, Texas; TYPE OF FACILITY: concrete products plant; RULE VIOLATED: 30 TAC §116.116(b)(2) and Texas Health and Safety Code (THSC), §382.085(b) and §382.0518(a), by failing to obtain a permit amendment; PENALTY: $800; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: Delta Tubular Processing, L.P.; DOCKET NUMBER: 2007-1767-IWD-E; IDENTIFIER: RN102180395; LOCATION: Channelview, Harris County, Texas; TYPE OF FACILITY: industrial wastewater treatment system; RULE VIOLATED: 30 TAC §305.125(1) and TPDES Permit Number WQ0003540000, Effluent Limitations and Monitoring Requirements, by failing to comply with the permitted effluent limitations for chemical oxygen demand, ammonia nitrogen, oil and grease, flow, and total suspended solids; PENALTY: $18,200; ENFORCEMENT COORDINATOR: Andrew Hunt, (512) 239-1203; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(6) COMPANY: Diocese of Galveston-Houston; DOCKET NUMBER: 2007-1499-MWD-E; IDENTIFIER: RN101523215; LOCATION: Montgomery County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §319.11(b) and TPDES Permit Number WQ0014218001, Monitoring and Reporting Requirements Number 2, by failing to properly preserve effluent samples and meet the required holding times; 30 TAC §305.125(1) and TPDES Permit Number WQ0014218001, Monitoring and Reporting Requirements Number 7.c., by failing to report in writing to the TCEQ any effluent violation which deviates from the permitted effluent limitations by more than 40%; 30 TAC §319.5(b) and TPDES Permit Number WQ0014218001, Interim Effluent Limitations and Monitoring Requirements Number 1, by failing to collect and analyze samples for each parameter at the minimum frequency specified in the permit; and 30 TAC §305.125(1) and TPDES Permit Number WQ0014218001, Definitions and Standard Permit Conditions Number 2.e., by failing to accurately calculate and report the monthly average concentration for fecal coliform; PENALTY: $11,626; Supplemental Environmental Project (SEP) offset amount of $9,301 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Unauthorized Trash Dump Clean-Up; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(7) COMPANY: Griffin Industries, Inc.; DOCKET NUMBER: 2007-1235-AIR-E; IDENTIFIER: RN101638641; LOCATION: Bastrop County, Texas; TYPE OF FACILITY: rendering plant; RULE VIOLATED: 30 TAC §112.32 and THSC, §382.085(b), by failing to operate plant processes within TCEQ regulatory limits for hydrogen sulfide; PENALTY: $5,250; ENFORCEMENT COORDINATOR: Nadia Hameed, (713) 767-3500; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.

(8) COMPANY: Kiewit Texas Construction L.P.; DOCKET NUMBER: 2007-1297-AIR-E; IDENTIFIER: RN102816618; LOCATION: Webb County, Texas; TYPE OF FACILITY: hot mix asphalt plant; RULE VIOLATED: 30 TAC §116.615(2), Standard Permit Number 77586, General Requirement (1)(L), and THSC, §382.085(b), by failing to prevent visible emissions and opacity of 5% or less averaged over a six-minute period; 30 TAC §101.201(e) and THSC, §382.085(b), by failing to notify the agency within 24 hours of the discovery of an emissions event; and 30 TAC §116.516(2), Standard Permit Number 77586, General Requirement (4)(B), and THSC, §382.085(b), by failing to minimize emissions from all in-plant roads; PENALTY: $3,120; ENFORCEMENT COORDINATOR: Daniel Siringi, (409) 898-3838; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78559-5247, (956) 425-6010.

(9) COMPANY: City of Pharr; DOCKET NUMBER: 2007-1623-MWD-E; IDENTIFIER: RN102928041; LOCATION: Hidalgo, County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0010596001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for ammonia nitrogen; PENALTY: $2,275; ENFORCEMENT COORDINATOR: Andrew Hunt, (512) 239-1203; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78559-5247, (956) 425-6010.

(10) COMPANY: SOHO Retail, Ltd.; DOCKET NUMBER: 2007-1505-EAQ-E; IDENTIFIER: RN104347141; LOCATION: Bexar County, Texas; TYPE OF FACILITY: construction site; RULE VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain approval of an Edwards Aquifer protection plan; PENALTY: $3,900; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(11) COMPANY: Jared Morris dba Sportsman Center; DOCKET NUMBER: 2007-1975-PST-E; IDENTIFIER: RN101828127; LOCATION: Brownwood, Brown County, Texas; TYPE OF FACILITY: retail store 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: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(12) COMPANY: City of Strawn; DOCKET NUMBER: 2007-1060-MWD-E; IDENTIFIER: RN102896024; LOCATION: Palo Pinto County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and TPDES Permit Number WQ0010326001, Effluent Limitations and Monitoring Requirements Numbers 1, 3, and 6, by failing to comply with permit effluent limits for biochemical oxygen demand, pH, dissolved oxygen, and flow; PENALTY: $7,680; Supplemental Environmental Project (SEP) offset amount of $6,144 applied to having the Respondent perform an erosion control project at the Lake Tucker dam in Palo Pinto County; ENFORCEMENT COORDINATOR: Heather Brister, (254) 761-3048; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(13) COMPANY: Valero Refining-Texas, L.P.; DOCKET NUMBER: 2007-1483-AIR-E; IDENTIFIER: RN100214386; LOCATION: Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: petroleum refining company; RULE VIOLATED: 30 TAC §116.715(a), Permit Number 38754, SC Number 48, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $34,125; Supplemental Environmental Project (SEP) offset amount of $8,531 applied to Texas A&M Corpus Christi-AutoCheck Program; Supplemental Environmental Project (SEP) offset amount of $8,531 applied to Texas A&M University at Kingsville-South Texas Natives Seed and Plant Restoration Project; ENFORCEMENT COORDINATOR: John Muennink, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361)825-3100.

(14) COMPANY: Valero Refining-Texas, L.P.; DOCKET NUMBER: 2007-1545-AIR-E; IDENTIFIER: RN100211663; LOCATION: Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: petroleum refining company; RULE VIOLATED: 30 TAC §116.715(a), Permit Number 2937, Special Condition (SC) Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §101.211(b)(1)(H) and (b)(1)(I) and THSC, §382.085(b), by failing to submit an administratively complete final report; PENALTY: $10,557; Supplemental Environmental Project (SEP) offset amount of $4,223 applied to Texas A&M Corpus Christi-AutoCheck Program; ENFORCEMENT COORDINATOR: John Muennink, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(15) COMPANY: Weekley Homes, L.P.; DOCKET NUMBER: 2007-1969-WQ-E; IDENTIFIER: RN105363683; LOCATION: Southlake, Tarrant County, Texas; TYPE OF FACILITY: construction site; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a construction general permit; PENALTY: $700; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-200706513

Mary R. Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: December 20, 2007

Enforcement Orders

A default order was entered regarding Grayson Hilltop Estates Water Supply Corporation, Docket No. 2005-0606-PWS-E on December 7, 2007 assessing $2,205 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Xavier Guerra, Staff Attorney at (210) 403-4016, 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. 2005-0750-MWD-E on December 7, 2007 assessing $14,260 in administrative penalties with $2,852 deferred.

Information concerning any aspect of this order may be obtained by contacting Mike Meyer, Enforcement Coordinator at (512) 239-4492, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Chevron Phillips Chemical Company LP, Docket No. 2006-0093-AIR-E on December 7, 2007 assessing $34,875 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Justin Lannen, Staff Attorney at (817) 588-5927, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Dennis A. Holmes, Docket No. 2006-0265-WTR-E on December 7, 2007 assessing $313 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 Song Jung dba New Core Cleaners, Docket No. 2006-0793-DCL-E on December 7, 2007 assessing $1,067 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Mary Hammer, Staff Attorney at (512) 239-2496, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Vance E. Gifford dba Giffords Cleaners, Docket No. 2006-1049-DCL-E on December 7, 2007 assessing $2,370 in administrative penalties.

An agreed order was entered regarding Hyung S. Park dba Quality Cleaners Center, Docket No. 2006-1150-DCL-E on December 7, 2007 assessing $889 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Tracy Chandler, Staff Attorney at (512) 239-0629, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding TQH Investments, Ltd. dba Bells Cleaners and dba Mart Cleaners, Docket No. 2006-1184-DCL-E on December 7, 2007 assessing $2,370 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Lena Roberts, Staff Attorney at (512) 239-0019, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Willie Scales dba Starchy Down Cleaners Kirkwood and dba Starchy Down Cleaners, Docket No. 2006-1240-DCL-E on December 7, 2007 assessing $2,370 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Benjamin Thompson, Staff Attorney at (512) 239-1297, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding IRSA, Inc. dba 1.50 Cleaners and dba Humble Discount Cleaners, Docket No. 2006-1426-DCL-E on December 7, 2007 assessing $2,370 in administrative penalties with $474 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.

A default order was entered regarding M D C M S, Inc. dba Millennium Dry Cleaners, Docket No. 2006-1558-DCL-E on December 7, 2007 assessing $1,185 in administrative penalties.

An agreed order was entered regarding Kirby-Dunstan, Inc. dba Le Bon Cleaners, Docket No. 2006-1563-DCL-E on December 7, 2007 assessing $1,185 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Dinniah Chahin, Staff Attorney at (512) 239-0617, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Tristar Convenience Stores, Inc. dba Handi Stop 46, Docket No. 2006-1591-PST-E on December 7, 2007 assessing $1,875 in administrative penalties.

An agreed order was entered regarding Felix Aguilar, Docket No. 2006-1696-LII-E on December 7, 2007 assessing $562 in administrative penalties.

An agreed order was entered regarding City of Buda and Guadalupe-Blanco River Authority, Docket No. 2006-1738-MWD-E on December 7, 2007 assessing $3,630 in administrative penalties with $726 deferred.

Information concerning any aspect of this order may be obtained by contacting Pam Campbell, Enforcement Coordinator at (512) 239-4493, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Cockrell Hill, Docket No. 2006-1771-PWS-E on December 7, 2007 assessing $2,203 in administrative penalties with $441 deferred.

Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator at (210) 490-3096, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Houston Refining, L.P., Docket No. 2006-1948-AIR-E on December 7, 2007 assessing $49,800 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 Cerrito Gas Processing, L.L.C., Docket No. 2006-2161-AIR-E on December 7, 2007 assessing $128,043 in administrative penalties.

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 Dang Cong Huynh dba B & G Food Store, Docket No. 2007-0040-PST-E on December 7, 2007 assessing $9,350 in administrative penalties with $1,870 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 Aqua Utilities, Inc. dba Aqua Texas, Inc., Docket No. 2007-0070-MWD-E on December 7, 2007 assessing $3,300 in administrative penalties with $660 deferred.

Information concerning any aspect of this order may be obtained by contacting Heather Brister, Enforcement Coordinator at (512) 239-1203, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Covington, Docket No. 2007-0188-MWD-E on December 7, 2007 assessing $14,145 in administrative penalties with $2,829 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 John E. Mitchell Jr., Docket No. 2007-0211-LII-E on December 7, 2007 assessing $250 in administrative penalties with $50 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 City of Anna, Docket No. 2007-0347-MWD-E on December 7, 2007 assessing $14,535 in administrative penalties.

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 City of Bonham, Docket No. 2007-0367-PWS-E on December 7, 2007 assessing $2,970 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Andrea Linson-Mgbeoduru, Enforcement Coordinator at (512) 239-1462, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Diocese of Galveston-Houston, Docket No. 2007-0384-MWD-E on December 7, 2007 assessing $6,080 in administrative penalties with $1,216 deferred.

An agreed order was entered regarding The Premcor Refining Group Inc., Docket No. 2007-0385-AIR-E on December 7, 2007 assessing $56,166 in administrative penalties.

An agreed order was entered regarding Nancy Lea Huckabee and Linda Dianne Griffith dba Huckabee Dairy, Docket No. 2007-0508-AGR-E on December 7, 2007 assessing $2,225 in administrative penalties with $445 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 James A. Dyche dba Crest Water Company, Docket No. 2007-0547-PWS-E on December 7, 2007 assessing $1,749 in administrative penalties with $349 deferred.

Information concerning any aspect of this order may be obtained by contacting Andrea Linson-Mgbeoduru, Enforcement Coordinator at (512) 239-1482, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding William Newell Cooper dba Cooper Dairy Farm, Docket No. 2007-0551-AGR-E on December 7, 2007 assessing $2,080 in administrative penalties with $416 deferred.

An agreed order was entered regarding The Dow Chemical Company, Docket No. 2007-0557-AIR-E on December 7, 2007 assessing $14,000 in administrative penalties with $2,800 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 The Goodyear Tire & Rubber Company, Docket No. 2007-0562-AIR-E on December 7, 2007 assessing $6,450 in administrative penalties with $1,290 deferred.

Information concerning any aspect of this order may be obtained by contacting Daniel Siringi, Enforcement Coordinator at (409) 899-8799, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ConocoPhillips Company, Docket No. 2007-0567-MLM-E on December 7, 2007 assessing $65,832 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Trina Grieco, Enforcement Coordinator at (210) 403-4006, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Equistar Chemicals, LP, Docket No. 2007-0582-AIR-E on December 7, 2007 assessing $6,875 in administrative penalties with $1,375 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 Lyondell Chemical Company, Docket No. 2007-0583-AIR-E on December 7, 2007 assessing $5,525 in administrative penalties with $1,105 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 Citgo Refining and Chemicals Company, L.P., Docket No. 2007-0594-AIR-E on December 7, 2007 assessing $4,850 in administrative penalties with $970 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 Sheema Enterprise, Inc. dba Highway 59 Phillips 66, Docket No. 2007-0610-PST-E on December 7, 2007 assessing $3,675 in administrative penalties with $735 deferred.

An agreed order was entered regarding Chung Nguyen dba Hilltop Village Mobile Home Park, Docket No. 2007-0612-MWD-E on December 7, 2007 assessing $6,300 in administrative penalties with $1,260 deferred.

Information concerning any aspect of this order may be obtained by contacting Catherine Albrecht, Enforcement Coordinator at (713) 767-3672, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Dallas County Utility & Reclamation District, Docket No. 2007-0623-MWD-E on December 7, 2007 assessing $4,340 in administrative penalties with $868 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 Petrus Adrianus Boekhorst dba Petal Dairy, Docket No. 2007-0625-AGR-E on December 7, 2007 assessing $6,000 in administrative penalties with $1,200 deferred.

Information concerning any aspect of this order may be obtained by contacting Merrilee Hupp, Enforcement Coordinator at (512) 239-4490, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Alicia Anguiano, Docket No. 2007-0640-AGR-E on December 7, 2007 assessing $800 in administrative penalties with $160 deferred.

An agreed order was entered regarding Galileo Mount Houston TX LP dba Mount Houston Utilities, Docket No. 2007-0648-MWD-E on December 7, 2007 assessing $5,310 in administrative penalties with $1,062 deferred.

An agreed order was entered regarding Aqua Development, Inc. dba Aqua Texas, Inc., Docket No. 2007-0657-MWD-E on December 7, 2007 assessing $2,574 in administrative penalties with $514 deferred.

An agreed order was entered regarding Emerald Valley Independent Aquatic Network, Ltd. Co., Docket No. 2007-0658-PWS-E on December 7, 2007 assessing $364 in administrative penalties with $72 deferred.

Information concerning any aspect of this order may be obtained by contacting Tel Croston, Enforcement Coordinator at (512) 239-5717, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Young Men's Christian Association of the Greater Houston Area, Docket No. 2007-0661-MWD-E on December 7, 2007 assessing $7,700 in administrative penalties with $1,540 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 Brookshire Municipal Water District, Docket No. 2007-0662-MWD-E on December 7, 2007 assessing $2,410 in administrative penalties with $482 deferred.

An agreed order was entered regarding Diamond Shamrock Refining Company, L.P., Docket No. 2007-0676-AIR-E on December 7, 2007 assessing $30,826 in administrative penalties with $6,165 deferred.

An agreed order was entered regarding Fort Bend County Municipal Utility District No. 142, Docket No. 2007-0685-MWD-E on December 7, 2007 assessing $1,740 in administrative penalties with $348 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 Aqua Development, Inc. dba Aqua Texas, Inc., Docket No. 2007-0704-MWD-E on December 7, 2007 assessing $4,712 in administrative penalties with $942 deferred.

An agreed order was entered regarding Bluegrove Water Supply Corporation, Docket No. 2007-0706-PWS-E on December 7, 2007 assessing $1,260 in administrative penalties with $252 deferred.

An agreed order was entered regarding Billy Hilton, Docket No. 2007-0709-MLM-E on December 7, 2007 assessing $6,000 in administrative penalties with $1,200 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 Ashish Food, Inc. dba Amigo Stop, Docket No. 2007-0718-PST-E on December 7, 2007 assessing $5,200 in administrative penalties with $1,040 deferred.

An agreed order was entered regarding Jason E. Weaver, Docket No. 2007-0745-LII-E on December 7, 2007 assessing $401 in administrative penalties with $80 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 Alvin Washington dba Organic Resource Management, Docket No. 2007-0755-MSW-E on December 7, 2007 assessing $1,050 in administrative penalties with $210 deferred.

Information concerning any aspect of this order may be obtained by contacting Marlin Bullard, Enforcement Coordinator at (254) 761-3038, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Lone Star Beef Processors, L.P., Docket No. 2007-0757-AIR-E on December 7, 2007 assessing $4,200 in administrative penalties with $840 deferred.

Information concerning any aspect of this order may be obtained by contacting Lindsey Jones, Enforcement Coordinator at (512) 239-4930, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Crane Co., Docket No. 2007-0774-WQ-E on December 7, 2007 assessing $3,180 in administrative penalties with $636 deferred.

An agreed order was entered regarding Atmos Energy Corporation, Docket No. 2007-0793-AIR-E on December 7, 2007 assessing $2,392 in administrative penalties with $478 deferred.

Information concerning any aspect of this order may be obtained by contacting Miriam Hall, Enforcement Coordinator at (512) 239-1044, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Burleson County MUD 1, Docket No. 2007-0818-PWS-E on December 7, 2007 assessing $850 in administrative penalties.

An agreed order was entered regarding Aqua Development, Inc., Docket No. 2007-0823-MWD-E on December 7, 2007 assessing $5,960 in administrative penalties with $1,192 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 Cemex Construction Materials, L.P., Docket No. 2007-0825-AIR-E on December 7, 2007 assessing $2,000 in administrative penalties with $400 deferred.

An agreed order was entered regarding George Ted DeVries dba DeVries Dairy, Docket No. 2007-0849-AGR-E on December 7, 2007 assessing $1,860 in administrative penalties with $372 deferred.

An agreed order was entered regarding Spring Creek Utility District, Docket No. 2007-0860-MWD-E on December 7, 2007 assessing $3,770 in administrative penalties with $754 deferred.

An agreed order was entered regarding Enbridge G & P (North Texas) L.P., Docket No. 2007-0873-AIR-E on December 7, 2007 assessing $3,750 in administrative penalties with $750 deferred.

An agreed order was entered regarding Nalle Custom Homes, Inc., Docket No. 2007-0914-WQ-E on December 7, 2007 assessing $750 in administrative penalties with $150 deferred.

An agreed order was entered regarding Dome Petrochemical, L.C., Docket No. 2007-0931-IWD-E on December 7, 2007 assessing $5,400 in administrative penalties with $1,080 deferred.

An agreed order was entered regarding El Paso County Water Control Improvement District 4, Docket No. 2007-0980-PWS-E on December 7, 2007 assessing $395 in administrative penalties with $79 deferred.

An agreed order was entered regarding Big Tex Trailer Manufacturing, Inc., Docket No. 2007-1005-AIR-E on December 7, 2007 assessing $12,000 in administrative penalties with $2,400 deferred.

A field citation was entered regarding Denny Heathcott, Docket No. 2007-1316-OSI-E on December 7, 2007 assessing $210 in administrative penalties.

Information concerning any aspect of this citation may be obtained by contacting Melissa Keller, SEP Coordinator at (512) 239-1768, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A field citation was entered regarding Sunny Financial L.L.C. dba Normandy Food Mart, Docket No. 2007-1339-PST-E on December 7, 2007 assessing $3,500 in administrative penalties.

A field citation was entered regarding A & D Auto Pit Stop, Ltd. dba Rays Auto Center, Docket No. 2007-1399-PST-E on December 7, 2007 assessing $1,750 in administrative penalties.

An order was entered regarding Al Jabour dba Rivers Country Villas and RV Park, Docket No. 2005-1177-PWS-E on December 4, 2007 assessing $1,150 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Rebecca Clausewitz, Enforcement Coordinator at (210) 403-4012, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-200706562

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: December 20, 2007

Notice of Correction on Notice of Availability of the Draft 2008 Clean Water Act, §305(b) Water Quality Inventory and the §303(d) List

The following notice was originally published in the December 21, 2008, issue of the Texas Register and was inadvertently submitted with an incorrect Web site. Additionally, the Public Comment period deadline was extended from January 22 to January 31, 2008 due to the holidays.

The Texas Commission on Environmental Quality (TCEQ or commission) announces the availability of the Draft 2008 Clean Water Act (CWA), §305(b) Water Quality Inventory and the §303(d) List. The report is an overview of the status of surface waters in the state, including concerns for public health, fitness for use by aquatic species and other wildlife, and specific pollutants and their possible sources. In addition, a draft summary is provided of water bodies that do not support beneficial uses or water quality criteria and those water bodies that demonstrate cause for concern. The report is used by TCEQ for management decisions including monitoring, planning, implementing, and funding best management practices to control pollution sources, and to develop a list of impaired waters for selecting water bodies for which total maximum daily load analyses will be initiated.

For the 2008 list, TCEQ conducted a water quality assessment of all classified segments and other segments with a pending regulatory reason for evaluation or the need to initiate or revise planning activities. TCEQ is requesting cooperators, such as local, state, or federal agencies, members of the general public, or academic institutions to provide data or information that indicates water quality problems that may change the standards attainment status of other segments.

The report will be available December 21, 2007 on the TCEQ Web site at: http://www.tceq.state.tx.us/compliance/monitoring/water/quality/data/08twqi/twqi08.html . Information regarding the public comment period may also be found on the Web site above. Review and comment on individual water bodies and the summaries, as described on the Web site, are encouraged through January 31, 2008.

Any data and information provided to TCEQ to refute or substantiate current assessments must be submitted in summary format, collected using approved TCEQ methods and materials, and consistent with TCEQ quality assurance requirements.

After the public comment period, TCEQ will evaluate all additional data or information received. If any additional data or information submitted influences the draft inventory, this will be reflected in the final Draft 2008 Water Quality Inventory and the §303(d) List submitted to the Environmental Protection Agency for approval.

TCEQ will consider and respond to comments received on this draft during the comment period, in a "Response to Comments" document. This document will be posted on the Web site with the Draft 2008 Water Quality Inventory and the §303(d) List after the close of the comment period. It is not necessary to re-submit comments sent to the TCEQ previously. Comments must be received by 5:00 p.m. on January 31, 2008. Information must be submitted in writing and cannot be accepted by phone.

Individuals unable to access documents on the TCEQ Web site may contact Patrick Roques, Texas Commission on Environmental Quality, Monitoring Operations Division, MC 165, P.O. Box 13087, Austin, Texas 78711-3087 or (512) 239-4604.

TRD-200706558

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: December 20, 2007

Notice of District Petition

Notices issued December 19, 2007.

TCEQ Internal Control No. 11272007-D02; C.W. Richmond, L.P. (Petitioner) filed a petition for creation of Fort Bend County Municipal Utility District No. 187 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioner is the owner of a majority in value of the land, consisting of one tract, to be included in the proposed District; (2) there is one lien holder, Amegy Bank National Association, on the property to be included in the proposed District; (3) the proposed District will contain approximately 519.56 acres located in Fort Bend County, Texas; and (4) the land within the proposed District is within the corporate limits or extraterritorial jurisdiction of the City of Richmond, Texas (City). According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project and from the information available at the time, the cost of the project is estimated to be approximately $43,900,000.

TCEQ Internal Control No. 06192007-D02; White Rock Water Supply Corporation (Petitioner) has filed a petition with the Texas Commission on Environmental Quality (TCEQ) to convert White Rock Water Supply Corporation to White Rock Special Utility District (District), to transfer Certificate of Convenience and Necessity (CCN) No. 12547 from White Rock Water Supply Corporation to White Rock Special Utility District. White Rock Special Utility District's business address will be: 841 LCR 463, Mexia, Texas 76667. The petition was filed pursuant to Chapters 49 and 65 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The nature and purpose of the petition are for the conversion of White Rock Water Supply Corporation and the organization, creation and establishment of White Rock Special Utility District under the provisions of Article XVI, Section 59, Texas Constitution, and Chapter 65 of the Texas Water Code, as amended. The District shall have the purposes and powers provided in Chapter 65 of the Texas Water Code, and CCN No. 12547 shall be transferred as provided in Chapter 13, of the Texas Water Code, as amended. The nature of the services presently performed by White Rock Water Supply Corporation is to purchase, own, hold, lease and otherwise acquire sources of water supply; to build, operate and maintain facilities for the transportation of water; and to sell water to individual members, towns, cities, private businesses, and other political subdivisions of the State. The nature of the services proposed to be provided by White Rock Special Utility District is to purchase, own, hold, lease, and otherwise acquire sources of water supply; to build, operate, and maintain facilities for the storage, treatment, and transportation of water; and to sell water to individuals, towns, cities, private business entities and other political subdivisions of the State. Additionally, it is proposed that the District will protect, preserve and restore the purity and sanitary condition of the water within the District. It is anticipated that conversion will have no adverse effects on the rates and services provided to the customers. The TCEQ may grant a contested case hearing on this petition if a written hearing request is filed within 30 days after the newspaper publication of this notice.

INFORMATION SECTION

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

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

TRD-200706561

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: December 20, 2007

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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075 this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is February 4, 2008. The commission will consider any written comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on February 4, 2008. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the DOs shall be submitted to the commission in writing.

(1) COMPANY: Armando Alvarez; DOCKET NUMBER: 2007-0642-MSW-E; TCEQ ID NUMBER: RN104461793; LOCATION: 3101 North 77, Harlingen, Cameron County, Texas; TYPE OF FACILITY: unauthorized disposal area; RULES VIOLATED: 30 TAC §330.15(c), by failing to dispose of municipal solid waste at an authorized facility; PENALTY: $2,625; STAFF ATTORNEY: Gary Shiu, Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(2) COMPANY: Israel R. Gonzalez; DOCKET NUMBER: 2007-0920-LII-E; TCEQ ID NUMBER: RN105204333; LOCATION: 15412 Esther Drive, Conroe, Montgomery County, Texas; TYPE OF FACILITY: landscape irrigation business; RULES VIOLATED: 30 TAC §344.4 and §30.5(a), Texas Water Code (TWC), §37.003, and Texas Occupations Code, §1903.251, by failing to possess a valid irrigator license issued by the TCEQ prior to selling, designing, consulting, installing, maintaining, altering, repairing or servicing an irrigation system; PENALTY: $625; STAFF ATTORNEY: Anna Cox, Litigation Division, MC 175, (512) 239-0974; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

(3) COMPANY: Lowell Johnson dba Cason Country Store; DOCKET NUMBER: 2006-0206-PST-E; TCEQ ID NUMBER: RN101869154; LOCATION: Highway 11 and Highway 44, Cason, Morris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of a petroleum underground storage tank (UST); and 30 TAC §334.22(a) and TWC, §5.702, by failing to pay outstanding UST fees and associated late fees for TCEQ Financial Assurance Account Number 0061676U for Fiscal Year 2004; PENALTY: $1,050; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

TRD-200706569

Mary R. Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: December 21, 2007

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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Order (AO) in accordance with Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AO, the commission shall allow the public an opportunity to submit written comments on the proposed AO. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is February 4, 2008. 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 the proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on February 4, 2008. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, §7.075 provides that comments on an AO shall be submitted to the commission in writing.

(1) COMPANY: Tariq Shahzad Enterprises, Inc. dba Pakco 4; DOCKET NUMBER: 2005-1342-PST-E; TCEQ ID NUMBER: RN102650645; LOCATION: 2560 Lutcher Drive, Orange, Orange County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.246(7)(A) and Texas Health and Safety Code, §382.085(b), by failing to maintain Stage II vapor recovery records on-site at facilities ordinarily manned during business hours; PENALTY: $1,000; STAFF ATTORNEY: Barham A. Richard, Litigation Division, MC 175, (512) 239-0107; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

TRD-200706568

Mary R. Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: December 21, 2007

Notice of Water Quality Applications

The following notices were issued during the period of December 13, 2007 through December 19, 2007.

The following require the applicants to publish notice in a newspaper. Public comments, requests for public meetings, or requests for a contested case hearing may be submitted to the Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin Texas 78711-3087, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THE NOTICE.

INFORMATION SECTION

AQUA WATER SUPPLY CORPORATION has applied for a major amendment to TPDES Permit No. WQ0014361001 to authorize an increase in the discharge of filter backwash effluent from a water treatment plant from a daily average flow not to exceed 26,700 gallons per day to a daily average flow not to exceed 49,000 gallons per day. The facility is located approximately 1,750 feet east of State Highway 304, approximately 1.12 miles north of the intersection of State Highway 304 and State Highway 713 in Caldwell County, Texas.

CENTERPOINT ENERGY HOUSTON ELECTRIC LLC which operates the Cypress District Operations & Service Center, which provides aid to various operating departments in the transmission and distribution of electric power, has applied for a renewal of TPDES Permit No. WQ0002608000, which authorizes the discharge of treated sanitary wastewater commingled with vehicle wash water, floor drainage and air conditioning condensate via Outfall 001 at a daily average flow not to exceed 20,000 gallons per day. The facility is located at 18018 Huffmeister Road, northwest of the intersection of Huffmeister Road and Cypress-Rosehill Road; and approximately 25 miles northwest of the City of Houston, Harris County, Texas.

GULF UTILITY SERVICES INC which now operates a wastewater treatment facility, has applied for a major amendment to amendment to recalculate the total copper and total silver limits at Outfall 001 using the 2000 Texas Surface Water Quality Standards and a monitoring frequency reduction for flow via Outfall 001. The current permit authorizes a discharge of wash water and domestic wastewater via Outfall 001 at a daily average flow not to exceed 30000 gallons per day. The facility is located at 14035 Industrial Road, approximately 2.4 miles southeast of the intersection of Federal Road and Interstate Highway 10, in unincorporated, Harris County, Texas.

HOUSHANG SOLHJOU has applied for a renewal of TPDES Permit No. WQ0012261001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 40,000 gallons per day. The facility is located at 415 Carby, approximately 2,400 feet east-northeast of the intersection of Airline Drive and Carby, north of the City of Houston in Harris County, Texas.

TRS ENVIROGANICS INC has applied for a new permit, Proposed Permit No. WQ0004817000, to authorize the land application of wastewater treatment plant sewage sludge and water treatment plant sludge for beneficial use on 1,112 acres. This permit will not authorize a discharge of pollutants into waters in the State. The land application site will be located north of Rio Grande City, on the north side of La Morita Road, approximately 1/8 mile west of the intersection of La Morita Road and Farm-to-Market Road 755 in Starr County, Texas.

VAITHI DEVELOPMENT INC has applied for a renewal of TPDES Permit No. WQ0012527001, 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 at 14718 Kuykendahl Road between Farm-to-Market Road 1960 and Interstate Highway 45 in Harris County, Texas.

If you need more information about these permit applications or the permitting process, please call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TCEQ can be found at our web site at www.tceq.state.tx.us. Si desea información en Español, puede llamar al 1-800-687-4040.

TRD-200706559

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: December 20, 2007

Notice of Water Rights Application

Notice issued December 19, 2007.

APPLICATION NO. 14-5380B; Capitol Aggregates, Ltd, P.O. Box 6230, Austin, Texas 78762, Applicant, seeks to amend Certificate of Adjudication No. 14-5380 to delete diversion point No. 2 on the Colorado River, authorize diversion of the 22 acre-feet and 5 acre-feet of water per year for a total of 27 acre-feet of water per year from diversion point No.1 on the 80 acre-foot reservoir, and change the use of the 27 acre-feet of water per year to industrial use in Travis County. The application was received on August 31, 2006; additional information and fees were received on June 2, 2006, July 20, 2006. The application was accepted for filing and declared administratively complete on January 11, 2007. Technical information and notice fees were received on April 2, 2007, April 10, 2007, June 14, 2007, October 31, 2007 and November 9, 2007. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.

INFORMATION SECTION

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

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

If a hearing request is filed, the Executive Director will not issue the requested permit and may forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.

Written hearing requests, public comments or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Office of Public Assistance at 1-800-687-4040. General information regarding the TCEQ can be found at our web site at www.tceq.state.tx.us. Si desea información en Español, puede llamar al 1-800-687-4040.

TRD-200706560

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: December 20, 2007

Texas Health and Human Services Commission

Notice of Award of a Major Consulting Contract

Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Health and Human Services Commission (HHSC) announces the award of contract 529-05-0115-00001C to Public Strategies, Inc., an entity with a principal place of business 301 NW 63rd Street, Suite 600, Oklahoma City, OK 732116. The contractor will provide technical assistance, reports, position papers, feasibility studies and consultative services related to the implementation and evaluation of the approved HHSC Healthy Marriage initiative.

This is the second renewal of the contract awarded pursuant to HHSC Request for Proposals.

The total value of the contract with Public Strategies, Inc. is $2,650,000.00. The contract was executed on December 12, 2007 and will expire on August 31, 2008, unless extended or terminated sooner by the parties. Public Strategies, Inc. will produce numerous documents and reports during the term of the contract, with the final reporting due by September 30, 2008.

TRD-200706590

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: December 21, 2007

Texas Department of Housing and Community Affairs

Notice of Funding Availability

HOME Investment Partnerships Program

Community Housing Development Organization (CHDO) Single Family and Rental Housing Development Program

1) Summary.

The Texas Department of Housing and Community Affairs ("the Department") announces the availability of approximately $6,000,000 in funding from the HOME Investment Partnerships Program for Community Housing Development Organizations (CHDO) to develop affordable single family housing for homeownership and rental housing for low-income Texans. The availability and use of these funds is subject to the State HOME Rules at Title 10 Texas Administrative Code (10 TAC) Chapter 53 ("HOME Rules") in effect at the time the application is submitted, the Federal HOME regulations governing the HOME program (24 CFR Part 92), and Chapter 2306, Texas Government Code. Other Federal regulations may also apply such as, but not limited to, 24 CFR Parts 50 and 58 for environmental requirements, Davis-Bacon Act for labor standards, 24 CFR §§85.36 and 84.42 for conflict of interest and 24 CFR Part 5, subpart A for fair housing. Applicants are encouraged to familiarize themselves with all of the applicable state and federal rules that govern the program. Parts that reference The 2008 Qualified Allocation Plan (QAP) will be effective 20 days after the date the QAP is filed with the Texas Register.

2) Allocation of HOME Funds.

a) These funds are made available through unawarded and deobligated HOME funds that are set-aside for eligible CHDO single family developments and rental housing development proposals which involve new construction, rehabilitation, acquisition and rehabilitation of affordable housing development activities. All funds released under this NOFA are to be used for the creation of affordable single family and rental housing for low-income Texans earning 80 percent or less of the Area Median Family Income (AMFI).

b) In accordance with 10 TAC §53.48, this NOFA will be an Open Application Cycle and funding will be available on a first-come, first-served Statewide basis. Applications will be accepted until 5:00 p.m. June 2, 2008 unless all funds are committed prior to this date. Applicants are encouraged to review the application process cited above and described herein. Applications that do not meet minimum threshold and financial feasibility will not be considered for funding.

c) The Department awards HOME funds, typically as a loan, to eligible recipients for the provision of housing for low, very low and extremely low-income individuals and families, pursuant to 10 TAC §53.41. Award amounts are limited to no more than $3 million per development. The minimum HOME award may not be less than $1,000 per HOME assisted unit. The maximum award may not exceed 90% of the total development costs. The remaining 10% of total development cost must be in the form of loans or grants from private or public entities. The per-unit subsidy may not exceed the per-unit dollar limits established by the United States Department of Housing and Urban Development (HUD) under §221(d)(3) of the National Housing Act which are applicable to the area in which the development is located, and as published by HUD. For rental housing developments, the Department's underwriting guidelines in 10 TAC §1.32 will be used which set as a minimum feasibility a 1.15 debt coverage ratio. Where the anticipated debt coverage ratio in the year after completion exceeds 1.35, a loan or partial loan will be recommended.

d) Each CHDO that is awarded HOME funds may also be eligible to receive a grant for CHDO Operating Expenses. Applicants will be required to submit organizational operating budgets, audits and other financial and non-financial materials detailed in the HOME application. The award amount for CHDO Operating Expenses shall not exceed $50,000. Awards for operating expenses will be drawn over a two-year period of time. The Department reserves the right to limit an Applicant to receive not more than one award of CHDO Operating Expenses during the same fiscal year and to further limit the award of CHDO Operating Expenses.

e) Developments involving rehabilitation must establish that the rehabilitation will substantially improve the condition of the housing and will involve at least $12,000 per unit in direct hard costs, unless the property is also being financed by the United States Department of Agriculture's Rural Development program. When HOME funds are used for a rehabilitation development the entire unit must be brought up to the applicable property standards, pursuant to 24 CFR §92.251(a)(1).

3) Eligible and Prohibited Activities.

a) Eligible activities will include those permissible under the federal HOME Rule at 24 CFR §92.205, the State HOME Rules at 10 TAC §§53.34 and 53.50, which involve only the acquisition, rehabilitation and construction of affordable developments.

b) Prohibited activities include those under federal HOME rules at 24 CFR §92.214 and 10 TAC §53.37. Development funds will not be eligible for use in a Participating Jurisdiction (PJ). Any HOME funds available for serving households in a PJ will only be made available under a separate NOFA for Persons with Disabilities as described in the 2008 State of Texas Consolidated Plan One-Year Action Plan.

c) Refinancing of federally financed properties or use of HOME funds for properties constructed within five years of the submission of an Application for assistance will not be permissible.

4) Eligible and Ineligible Applicants.

a) The Department provides HOME CHDO funding to qualified nonprofit organizations eligible for CHDO certification. CHDO Certification will be awarded in accordance with the rules and procedures as set forth in the HOME rules at 10 TAC §53.50, Community Housing Development Organization (CHDO) Certification. A separate application process is required for CHDO Certification. Review and approval of the CHDO Certification occurs during the threshold review process, however Applicants will not receive a formal certification until the award of the HOME funds has been approved by the Department's Board. The CHDO Application package will be available with all other application materials on the Department's website. A new Application for CHDO certification must be submitted to the Department with each new Application for HOME Development funds under the CHDO set aside.

b) Only Applicants that have proven success and acceptable performance on a previous HOME contract received from the Department, as evidenced by the contract and determined by the Department, are eligible to apply for funding for single family development.

c) CHDO Applicants must be the Sponsor, Owner or Developer of the proposed Development. Applicants who apply through a Limited Partnership will be required to provide evidence, at the time of CHDO certification and commitment, that the CHDO Applicant is the Managing General Partner of the partnership and has effective control (decision making authority) over the development and management of the property, pursuant to 24 CFR §92.300.

d) Applicants may be ineligible for funding if they meet any of the criteria listed in 10 TAC §53.42, and ineligibility with any requirements under 10 TAC §50.5 excluding paragraphs (5) - (8). Applicants are encouraged to familiarize themselves with the Department's certification and debarment policies prior to application submission.

5) Matching Funds.

Applicants will be required to submit documentation on all financial resources to be used in the development that may be considered match to the Department's federal HOME requirements. Applicants must provide firm commitments as defined in accordance with the Federal HOME rules at 24 CFR §92.218 and the Department's Match Guide and will be provided with the appropriate forms and instructions on how to report eligible match.

6) Rental Housing Development Affordability Requirements.

a) Applicants should be aware that there are minimum affordability standards necessary for HOME assisted rental developments. Initial occupancy income restrictions require that at least 90% of the units are affordable to persons below 60% AMFI and that 20% of the units are affordable to person below 50% AMFI. Over the remaining affordability period at least 20% of HOME assisted units should be affordable to persons earning 50% or less than the AMFI, all remaining units must be affordable to persons earning 80% or less than the AMFI.

b) Each development will have a two-tier affordability term.

i) The first tier will entail the federally required affordability term. For new construction or acquisition of new housing, this term is 20 years. For rehabilitation or acquisition of existing housing, the term is 5 years if the HOME investment is less than $15,000 per unit; 10 years if the HOME investment is $15,000 to $40,000 per unit; and 15 years if the HOME investment is greater than $40,000 per unit. This first tier is subject to all federal laws and regulations regarding HOME requirements, recapture, net proceeds and affordability.

ii) The second tier of affordability is the additional number of years required to bring the total term of affordability up to 30 years or the term of the loan agreement. For example, the second tier of affordability on a 10-year federal affordability term is 20 additional years. The second tier, or remaining term, is subject only to state regulations and affordability requirements.

c) Properties will be restricted under a Land Use Restriction Agreement ("LURA"), or other such instrument as determined by the Department for these terms. Among other restrictions, the LURA may require the owner of the property to continue to accept subsidies which may be offered by the federal government, prohibit the owner from exercising an option to prepay a federally insured loan, impose tenant income-based occupancy and rental restrictions, or impose any of these and other restrictions as deemed necessary at the sole discretion of the Department in order to preserve the property as affordable housing on a case-by-case basis.

7) Single Family Development Affordability Requirements.

a) Applicants must ensure that the minimum affordability requirements are met for HOME assisted single family developments pursuant to 24 CFR §92.254. The Department has elected the recapture provision to recoup all or part of the HOME funds provided to the homebuyer, if the housing does not continue to be the principal residence of the family assisted for the duration of the required affordability period.

b) Properties will be restricted under the deed of trust or other such instrument as determined and drafted by the Department for these terms.

8) Site and Development Restrictions.

a) Pursuant to 24 CFR §92.251, housing that is constructed or rehabilitated with HOME funds must meet all applicable local codes, rehabilitation standards, ordinances, and zoning ordinances at the time of project completion. In the absence of a local code for new construction or rehabilitation, HOME-assisted new construction or rehabilitation must meet, as applicable, one of three model codes: Uniform Building Code (ICBO), National Building Code (BOCA), Standard (Southern) Building Code (SBCCI); or the Council of American Building Officials (CABO) one or two family code; or the Minimum Property Standards (MPS) in 24 CFR §§200.925 or 200.926d. To avoid duplicative inspections when Federal Housing Administration (FHA) financing is involved in a HOME-assisted property, a participating jurisdiction may rely on a Minimum Property Standards (MPS) inspection performed by a qualified person. Newly constructed housing must meet the current edition of the Model Energy Code published by the Council of American Building Officials.

b) All other HOME-assisted housing (e.g., acquisition) must meet all applicable State and local housing quality standards and code requirements and if there are no such standards or code requirements, the housing must meet the housing quality standards in 24 CFR §982.401. When HOME funds are used for a rehabilitation development the entire unit must be brought up to the applicable property standards, pursuant to 24 CFR §92.251(a)(1).

c) Housing must meet the accessibility requirements at 24 CFR Part 8, which implements Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and covered multifamily dwellings, as defined at 24 CFR §100.201, must also meet the design and construction requirements at 24 CFR §100.205, which implement the Fair Housing Act (42 U.S.C. §3601-3619). Additionally, pursuant to the 2007 Qualified Allocation Plan (QAP), §§49.9(h)(4)(G), Developments involving New Construction (excluding New Construction of nonresidential buildings) where some Units are two-stories and are normally exempt from Fair Housing accessibility requirements, a minimum of 20% of each Unit type (i.e. one bedroom, two bedroom, three bedroom) must provide an accessible entry level and all common-use facilities in compliance with the Fair Housing Guidelines, and include a minimum of one bedroom and one bathroom or powder room at the entry level. A certification will be required after the Development is completed from an inspector, architect, or accessibility specialist. Any Developments designed as single family structures must also satisfy the requirements of §2306.514, Texas Government Code.

d) All of the 2008 Qualified Allocation Plan and Rules 10 TAC §50.6, excluding subsections (d), (f), (g) and (h) apply.

e) Developments involving new construction will be limited to 252 Units. These maximum Unit limitations also apply to those Developments which involve a combination of rehabilitation and new construction. Developments that consist solely of acquisition/rehabilitation or rehabilitation only may exceed the maximum Unit restrictions. The minimum number of units shall be 4 units, pursuant to 10 TAC §53.45(b).

9) Threshold Criteria

a) Housing units subsidized by HOME funds must be affordable to low, very-low or extremely low-income persons. Mixed Income rental developments may only receive funds for units that meet the HOME program affordability standards. All applications intended to serve persons with disabilities must adhere to the Department's Integrated Housing Rule at 10 TAC §1.15.

b) For funds being used for Rental Housing Developments, the Recipient must establish a reserve account consistent with §2306.186, Texas Government Code, and as further described in 10 TAC §1.37 of this title, pursuant to 10 TAC §53.45 (c).

c) All applications will be required to meet Section 8 Housing Quality Standards detailed under 24 CFR §982.401, Texas Minimum Construction Standards, as well as the Fair Housing Accessibility Standards and Section 504 of the Rehabilitation Act of 1973. Developments must also meet all local building codes or standards that may apply. If the development is located within a jurisdiction that does not have building codes, developments must meet the most current International Building Code.

d) Pursuant to 10 TAC §53.8(a), Applicants for Rental Development activities will be required to provide written notification to each of the following persons or entities 14 days prior to the submission of any application package. Failure to provide written notifications 14 days prior to the submission of an application package at a minimum will cause an application to be terminated under competitive application cycles. Applicants must provide notifications to:

i) the executive officer and elected members of the governing board of the community where the development will be located. This includes municipal governing boards, city councils, and County governing boards;

ii) all neighborhood organizations whose defined boundaries include the location of the Development;

iii) executive officer and Board President of the school district that covers the location of the Development;

iv) residents of occupied housing units that may be rehabilitated, reconstructed or demolished; and

v) the State Representative and State Senator whose district covers the location of the Development.

vi) the notification letter must include, but not be limited to, the address of the development site, the number of units to be built or rehabilitated, the proposed rent and income levels to be served, and all other details required of the NOFA and Application Manual.

e) The following Threshold Criteria listed in this subsection are mandatory requirements at the time of Application submission unless specifically indicated otherwise:

i) An applicant shall provide certification that no person or entity that would benefit from the award of HOME funds has provided a source of match or has satisfied the Applicant's cash reserve obligation or made promises in connection therewith, pursuant to 10 TAC §53.44(6).

ii) All contractors, consulting firms, and Administrators must sign and submit an affidavit with each draw to attest that each request for payment of HOME funds is for the actual cost of providing a service and that the service does not violate any conflict of interest provisions, pursuant to §53.44(7).

iii) To encourage the inclusion of families and individuals with the highest need for affordable housing, applicants for rental housing development must target a minimum of 5% of the total units for individuals or families earning 30% or less of area medium income for the development site. Additionally, 20% of the total units proposed must be HOME units.

iv) To encourage the involvement of other public agencies and private entities in affordable housing, applicants must provide a minimum of 10% of the total development cost from other public agencies and/or private entities.

v) All of the 2007 Qualified Allocation Plan and Rules at 10 TAC §49.9(h), excluding paragraphs (4)(I), (11), (12) and (15).

vi) An applicant is not eligible to apply for funds or any other assistance from the Department unless audits are current at the time of application or the Audit Certification Form has been submitted to the Department in a satisfactory format on or before the application deadline for funds or other assistance per 10 TAC §1.3(b).

10) Review Process.

a) Pursuant to 10 TAC §53.48, each application will be handled on a first-come, first-served basis as further described in this section. Each application will be assigned a "received date" based on the date and time it is physically received by the Department. Then each application will be reviewed on its own merits in three review phases, as applicable. Applications will continue to be prioritized for funding based on their "received date" unless they do not proceed into the next phase(s) of review. Applications proceeding in a timely fashion through a phase will take priority over applications that may have an earlier "received date" but that did not timely complete a phase of review. Applications will be reviewed for Applicant and Activity Eligibility, Threshold Criteria, and Financial Feasibility as described in this NOFA.

Phase One will begin as of the Received Date and will include a review of eligibility and threshold criteria and all Application requirements. The Department will ensure review of materials required under the NOFA and ASPM and will issue a notice of any Administrative Deficiencies for threshold criteria and eligibility within 45 days of the Received Date. Applicants who are able to resolve their Administrative Deficiencies within five (5) business days will be forwarded into Phase Two, if applicable, and will continue to be prioritized by their Received Date. Applications with Administrative Deficiencies not cured within five (5) business days, will be terminated and must reapply for consideration of funds. Applications that have completed this Phase and do not require additional review in Phase Two or Three will be reviewed for recommendation to the Board by the Committee.

Phase Two will include a comprehensive review for financial feasibility for RHD and Single Family Development Program Activities. Financial feasibility reviews will be conducted by the Real Estate Analysis (REA) Division consistent with 10 TAC §1.32. REA will create an underwriting report identifying staff's recommended Loan terms, the Loan or Grant amount and any conditions to be placed on the Development. The Department will issue a notice of any Administrative Deficiencies within 45 days of the date the Application enters Phase Two. Applicants who are able to resolve their Administrative Deficiencies within five (5) business days will be forwarded into Phase Three, if applicable, and will continue to be prioritized by their Received Date. Applications with Administrative Deficiencies not satisfied within five (5) business days, will be terminated and must reapply for consideration of funds. Applications that have completed this Phase and do not require additional review in Phase Three will be reviewed for recommendation to the Board by the Committee.

Phase Three will only entail the review of the CHDO Certification Application. The Department will ensure review of these materials and issue notice of any Administrative Deficiencies on the CHDO Certification Application within 30 days of the Application enters Phase Three. Applicants who are able to resolve their Administrative Deficiencies within five (5) business days will be forwarded into the final review phase of the Application process and will continue to be prioritized by their Received Date. Applications with Administrative Deficiencies not cured within five (5) business days, will be terminated and must reapply for consideration of funds. Only upon satisfaction of all Administrative Deficiencies will the Application be forwarded to the final phase of the Application process. Upon completion of the applicable final review phase, the Application will be reviewed for recommendation to the Board by the Committee.

Because Applications are processed in the order they are received by the Department, it is possible that the Department will expend all available HOME funds before an Application has completed all phases of its review. In the case that all HOME funds are committed before an Application has completed all phases of the review process, the Department will notify the applicant that their application will remain active for ninety (90) days in its current phase. If new HOME funds become available, Applications will continue onward with their review without losing their Received Date priority. If HOME funds do not become available within ninety (90) days of the notification, the Applicant will be notified that their Application is no longer under consideration. The Applicant must reapply to be considered for future funding. If on the date an Application is received by the Department, no funds are available under this NOFA, the Applicant will be notified that no funds exist under the NOFA and the Application will not be processed

b) Pursuant to 10 TAC §53.42 if a submitted Application has an entire Volume of the application missing; has excessive omissions of documentation from the Threshold Criteria or Uniform Application documentation; or is so unclear, disjointed or incomplete that a thorough review cannot reasonably be performed by the Department, as determined by the Department. If an application is determined ineligible pursuant to this section, the Application will be terminated without being processed as an Administrative Deficiency.

c) A site visit will be conducted as part of the HOME Program development feasibility review. Applicants must receive recommendation for approval from the Department to be considered for HOME funding by the Board.

d) The Department may decline to consider any Application if the proposed activities do not, in the Department's sole determination, represent a prudent use of the Department's funds. The Department is not obligated to proceed with any action pertaining to any Applications which are received, and may decide it is in the Department's best interest to refrain from pursuing any selection process. The Department strives, through its loan terms, to securitize its funding while ensuring the financial feasibility of a Development. The Department reserves the right to negotiate individual elements of any Application.

e) In accordance with §2306.082 Texas Government Code and 10 TAC §53.6, it is the Department's policy to encourage the use of appropriate alternative dispute resolution procedures ("ADR") under the Governmental Dispute Resolution Act, Chapter 2009, Texas Government Code, to assist in resolving disputes under the Department's jurisdiction. As described in Chapter 154, Civil Practices and Remedies Code, ADR procedures include mediation. Except as prohibited by the Department's ex parte communications policy, the Department encourages informal communications between Department staff and Applicants, and other interested persons, to exchange information and informally resolve disputes. The Department also has administrative appeals processes to fairly and expeditiously resolve disputes. If at anytime an Applicant or other person would like to engage the Department in an ADR procedure, the person may send a proposal to the Department's Dispute Resolution Coordinator. For additional information on the Department's ADR Policy, see the Department's General Administrative Rule on ADR at 10 Texas Administrative Code §1.17.

f) An Applicant may appeal decisions made by staff in accordance with 10 TAC §1.7.

11) Application Submission.

a) All applications submitted under this NOFA must be received on or before 5:00 p.m. on June 2, 2008. The Department will accept applications from 8 a.m. to 5 p.m. each business day, excluding federal and state holidays from the date this NOFA is published on the Department's web site until the deadline. For questions regarding this NOFA please contact Barbara Skinner at (512) 475-1643 or via e-mail at barbara.skinner@tdhca.state.tx.us or Carmen Roldan at (512) 475-2215 or via e-mail at carmen.roldan@tdhca.state.tx.us.

c) All applications must be submitted, and provide all documentation, as described in this NOFA and associated application materials.

d) Applicants must submit one complete printed copy of all Application materials and one complete scanned copy of the Application materials as detailed in the 2008 Final ASPM. All scanned copies must be scanned in accordance with the guidance provided in the 2008 Final ASPM.

e) The application consists of three parts: bound items, unbound items and electronic submission. A complete application for each proposed development must be submitted. Incomplete applications or improperly bound applications will not be accepted. The bound volumes of the application must be bound using red pressboard binders. Each volume must be submitted in a separate red pressboard binder. If the required documentation for a volume exceeds the capacity of one binder, a second binder may be used to subdivide the volume. Applicants must submit one complete printed copy of all application materials and one complete scanned copy stored on compact disc of the application materials as detailed in the 2008 Final ASPM. All scanned copies must be scanned in accordance with the guidance provided in the 2008 Final ASPM.

f) Third party reports- If third party reports are not received at the time of application submission, the Application will be terminated.

g) All Application materials including manuals, NOFA, program guidelines, and all applicable HOME rules, will be available on the Department's website at www.tdhca.state.tx.us. Applications will be required to adhere to the HOME Rule and threshold requirements in effect at the time of the Application submission. Applications must be on forms provided by the Department, and cannot be altered or modified and must be in final form before submitting them to the Department.

h) Applicants are required to remit a non-refundable Application fee payable to the Texas Department of Housing and Community Affairs in the amount of $500.00 per Application. Payment must be in the form of a check, cashier's check or money order. Do not send cash. Section 2306.147(b) of the Texas Government Code requires the Department to waive Application fees for nonprofit organizations that offer expanded services such as child care, nutrition programs, job training assistance, health services, or human services. These organizations must include proof of their exempt status and a description of their supportive services in lieu of the Application fee. The Application fee is not an allowable or reimbursable cost under the HOME Program.

i) Applications must be sent via overnight delivery to:

HOME Division

Texas Department of Housing and Community Affairs

Attn: Barbara Skinner

221 East 11th Street

Austin, TX 78701-2410

or via the U.S. Postal Service to:

HOME Division

Texas Department of Housing and Community Affairs

Attn: Barbara Skinner

Post Office Box 13941

Austin, TX 78711-3941

NOTE: This NOFA does not include the text of the various applicable regulatory provisions that may be important to the particular HOME CHDO Rental Housing Development Program. For proper completion of the application, the Department strongly encourages potential applicants to review all applicable State and Federal regulations.

TRD-200706584

Michael Gerber

Executive Director

Texas Department of Housing and Community Affairs

Filed: December 21, 2007

Notice of Funding Availability

HOME Investment Partnerships Program

Homebuyer Assistance Program (HBA)

Summary.

The Texas Department of Housing and Community Affairs (Department) announces the availability of approximately $6 million dollars of HOME funds for first time homebuyer assistance. The availability and use of these funds are subject to the State HOME Rule at 10 Texas Administrative Code, Title 10, Part 1, Chapter 53 ("HOME Rule") in effect at the time the application is submitted, the Federal HOME regulations governing the HOME program (24 CFR Part 92), and Chapter 2306, Texas Government Code.

Allocation of HBA Funds.

These funds are made available through the U.S. Department of Housing and Urban Development (HUD) HOME and American Dream Downpayment Initiative (ADDI) allocations and are subject to the Regional Allocation Formula. All funds released under this NOFA shall be used to assist first time homebuyers earning 80 percent (80%) or less of the Area Median Family Income (AMFI) as defined by HUD, for downpayment and closing costs assistance. The amount of HOME HBA funds provided to any household shall not exceed the greater of six percent of the purchase price of the single family housing or $10,000.

Section 2306.111, Texas Government Code, also mandates the Department to allocate no less than 95 percent of the HOME Program Funds to applicants which serve households located in a non-participating jurisdiction (non-PJ). The remaining five percent of the annual HOME Program funds will be allocated to applicants serving persons with disabilities who live in any area of the state. Due to the unavailability of Participating Jurisdiction (PJ) funds, these HBA funds will not be awarded in a PJ. These funds may not be reserved for persons with disabilities in an Application; however, persons with disabilities may be served as part of the general population.

In accordance with 10 TAC §53.48(a), this NOFA will be an Open Application Cycle. Funds will be allocated using the Regional Allocation Formula and will be available on a first-come, first-served basis. Applications will be accepted by the Department on an on-going basis utilizing the funds allocated by the Regional Allocation Formula until all funds have been awarded or March 3, 2008, regardless of method of delivery. On March 4, 2008, any funds not awarded under the open cycle utilizing the RAF, will be available statewide, on a first-come, first-served basis until all funds have been awarded or May 30, 2008, whichever occurs first. Applicants are encouraged to review the application process cited above and described herein. Applications that do not meet minimum threshold criteria will not be considered for funding.

The maximum award amount for HBA shall not exceed $300,000 per Applicant per NOFA; however, up to $500,000 of HBA funds may be awarded to Applicants whose Service Area includes multiple counties within a Uniform State Service Region. Additionally, up to four percent (4%) of the requested project funds may be requested for administrative costs.

Pursuant to the Regional Allocation Formula, (RAF) the table below shows the allocation of funds to the 13 Uniform State Service Regions and the corresponding rural and urban distribution within each region.

Table 1: Regional, Rural, and Urban Funding Amounts (.pdf)

The Department will accept applications until March 3, 2008 under an open cycle application method utilizing the above Regional Allocation Formula. On March 4, 2008, any funds not awarded under the open cycle utilizing the RAF, will be available statewide, on a first-come, first-served basis until May 30, 2008.

Eligible and Ineligible Activities.

HBA funds may only be used for downpayment assistance towards the purchase of single family housing by low-income households. The assisted household must meet the definition of a first time homebuyer as defined in 24 CFR §92.2. HBA funds may be used to purchase one- to four- family housing, condominium unit, cooperative unit, or manufactured housing.

Prohibited activities include those under HOME Rule at 10 TAC §53.37 and the Federal HOME rule at 24 CFR §92.214.

In accordance with 10 TAC §53.72, the contract term for HBA shall not exceed 24 months.

HBA Assistance.

Down payment and closing cost assistance is provided to first time homebuyers for the acquisition, of affordable single family housing. Eligible first time homebuyers may receive assistance of six percent of the purchase price of the single family housing or $10,000 which ever is greater. Assistance will be in the form of a 10-year deferred, forgivable loan creating a 2nd or 3rd lien. All homes purchased with HBA funds must meet all applicable codes and standards including the Texas Minimum Construction Standards (TMCS).

If at any time prior to the full loan period there occurs a resale of the property, a refinance of any superior lien, a repayment of any superior lien, or if the unit ceases to be the assisted homebuyer's principal residence, the loan shall become due and payable.

Forgiveness of the loan balance is calculated based on a pro-rata annual share of the loan term. The anniversary date of the loan shall constitute completion of the year. Any partial year shall not be waived. The amount due will be based on the pro-rata share on the number of years of the remaining loan term.

In the event the home is sold (voluntary or involuntary); the assisted homebuyer will pay the loan balance from the shared net proceeds of the sale. The net proceeds are the sales price minus superior loan repayment (other than HOME funds) and any closing costs. A copy of the HUD closing statement must be provided.

In the event of refinance of any superior lien, at Department's discretion one of the following options will apply:

1. re-subordination of the Note if the assisted homebuyer can provide documentation, acceptable to the Department, showing that no funds are due to the assisted homebuyer as a result of the refinance; or

2. the assisted homebuyer will pay off the Department's note from loan proceeds from the refinanced superior lien.

In the event of payoff of any superior note, the assisted homebuyer will have the option of:

1. repaying the balance of the Department's Note in full; or

2. repaying the balance of the Department's Note in equal monthly installments over a five (5) year period.

At the completion of the assistance, all properties must meet the Texas Minimum Construction Standards (TMCS), all applicable building and safety codes, ordinances and local zoning ordinances. If a home is newly constructed it must also meet federal energy requirements as defined by HUD.

Eligible and Ineligible Applicants

Eligible applicants are Units of General Local Government, Nonprofit Organizations and Public Housing Authorities (PHA's).

Applicants may be ineligible for funding if they meet any of the criteria listed in the State HOME Rule at 10 TAC §53.42.

Threshold Criteria.

Cash Reserve: Each awarded Applicant will be required to expend funds according to program guidelines and request funds from the Department for eligible expenses. Every Applicant must evidence the ability to administer the program and commit adequate cash reserves of at least $50,000 to continued administration of the program during the Department's disbursement process. Cash reserves are not permanently invested in the project but are used for short term deficits that are paid by program funds. Evidence of this commitment must be included in the Applicant's resolution.

Homebuyer Counseling and Lender Products: Each Applicant must provide evidence of available Homebuyer Counseling and lender products. Evidence of Homebuyer Counseling must include documentation describing the level of homebuyer counseling proposed for potential homebuyers including a copy of the curriculum, type of materials that will be provided to the homebuyer, a copy of a proposed written agreement with service provider, if the Applicant is not the service provider, and a description of post purchase counseling to be provided. Homebuyer Counseling must be provided to each household served and must be a minimum of 8 hours, if awarded.

Applicant is required to submit three letters from lenders interested in participating in the Applicant's proposed Homebuyer Assistance Program. Lender Letters must be on the lender's letterhead and include the lender name, address, city, state, and zip code. Lender letter must affirm the willingness, ability and the type of affordable loan products available for the Applicant's targeted homebuyers.

Resolution: All applications submitted must include an original resolution from the Applicant's direct governing body, authorizing the submission of the Application, commitment of cash reserves for use during the contract period, source of funds for match obligation and match dollar amount, naming a person authorized to represent the organization and signature authority to execute a contract. If an Applicant that is a nonprofit organization is requesting a waiver of the grant application fee, they must do so in the resolution, and must state that the nonprofit organization offers expanded services such as child care, nutrition programs, job training assistance, health services, or human services.

Match: Applicants are required to provide eligible match in the amount of 7% or more of the requested project funds. Match is a threshold requirement.

Review Process.

Pursuant to 10 TAC §53.48(a), each application will be handled on a first-come, first-served basis. Each application will be assigned a "Received Date" based on the date and time it is physically received by the Department. The Department will ensure review of materials required under the NOFA and ASPM for threshold criteria and eligibility and will issue a notice of any Administrative Deficiencies for Applications within 45 days of the Received Date.

All applicants will be processed through the Department's Application Evaluation System and will include a previous award and past performance evaluation. Poor past performance may disqualify an applicant for funding recommendation or a funding recommendation may include conditions.

Funding recommendations of eligible Applicants will be presented to the Department's Governing Board of Directors based on eligibility and limited by the total amount of funds available under this NOFA and the maximum award amount.

Because applications are processed in the order they are received by the Department, it is possible that the Department will expend all available HBA funds before an application has been completely reviewed. If on the date an Application is received by the Department, no funds are available under this NOFA, the Applicant will be notified that no funds remain under the NOFA and that the Application will not be processed.

An Applicant may appeal decisions made by staff in accordance with 10 TAC §1.7.

Application Submission.

The Application Guide for this NOFA will be available on the Department's website at www.tdhca.state.tx.us. Applications must be submitted on forms provided by the Department, and cannot be altered or modified and must be in final form before submitting to the Department. All Applications must be submitted, and provide all documentation, as described in this NOFA and associated application materials. Final application deadline date is 5:00 p.m. FRIDAY MAY 30, 2008.

Applications mailed via the U.S. Postal Service must be mailed to:

Texas Department of Housing & Community Affairs

HOME Division

P.O. Box 13941

Austin, Texas 78711-3941

Applications mailed by private carrier or hand-delivered will be received at the physical address:

Texas Department of Housing & Community Affairs

HOME Division

221 E. 11th Street

Austin, Texas 78701

Applicants are required to remit a non-refundable application fee payable to the Texas Department of Housing and Community Affairs in the amount of $30 per application. Please send a check, cashier's check or money order; do not send cash. Section 2306.147(b) of the Texas Government Code requires the Department to waive grant application fees for nonprofit organizations that offer expanded services such as child care, nutrition programs, job training assistance, health services, or human services. These organizations must include proof of their exempt status in lieu of the application fee.

Applications that do not meet the filing deadline and Application fee requirements will be returned to the Applicant and will not be considered for funding. Application deficiencies will be processed in accordance to 10 TAC §53.48(a). An Applicant may appeal decisions made by the Department in accordance with 10 TAC §1.7.

This NOFA does not include text of the various applicable regulatory provisions that may be important to the HOME HBA Program. For proper completion of the Application the Department strongly encourages potential applicants to review all applicable HOME rules and regulations and to attend an application training workshop.

Application Workshop.

The Department will present a HBA Application Workshop that will provide an overview of the HBA Program, Application preparation and submission requirements, evaluation criteria, and state and federal program information. The Application Workshop schedule and registration will be posted on the Department's website at www.tdhca.state.tx.us.

Audit Requirements.

An Applicant is not eligible to apply for funds or any other assistance from the Department unless a past audit or Audit Certification Form has been submitted to the Department in a satisfactory format on or before the Application deadline for funds or other assistance per 10 TAC §1.3(b). This is a program eligibility requirement outlined in the Application, therefore Applications that have outstanding past audits will be disqualified. Staff will not recommend Applications for funding to the Department's Governing Board unless all unresolved audit findings, questions or disallowed costs are resolved per 10 TAC §1.3(c).

Contact Information

Questions regarding this NOFA should be addressed to:

HOME Division

221 E. 11th Street

Austin, Texas 78701

Telephone: (512) 463-8921

E-mail: home@tdhca.state.tx.us

TRD-200706605

Michael Gerber

Executive Director

Texas Department of Housing and Community Affairs

Filed: December 21, 2007

Notice of Funding Availability

Housing Trust Fund Rental Production Program

1) Summary.

The Texas Department of Housing and Community Affairs ("the Department") announces the availability of approximately $844,000 in funding from the Housing Trust Fund for financing of affordable rental housing for very low-income and extremely low-income Texans. The availability and use of these funds is subject to the state Housing Trust Fund Rules at 10 TAC Chapter 51 ("HTF Rules") and Chapter 2306, Texas Government Code in effect at the time an application is submitted. Applicants are encouraged to familiarize themselves with all of the applicable rules that govern the program.

2) Allocation of Housing Trust Funds.

a) These funds are made available through General Revenue Funds appropriated to the Housing Trust Fund during the 80th Legislative Session for financing rental housing developments which involve new construction, rehabilitation or acquisition and rehabilitation. All funds released under this NOFA are to be used for the subsidizing of affordable rental housing units that target very low-income Texans earning 50 percent or less of Area Median Family Income (AMFI) and are not being funded with Housing Tax Credits. Additionally, if the funds are used to target extremely low-income Texans earning 30 percent or less of the AMFI and those units are not designated to serve extremely low-income households through another subsidy source, the Department may allow a forgivable loan only for those extremely low-income units.

b) In accordance with 10 TAC §51.8, this NOFA will be an Open Application Cycle and funding will be available on a first-come, first-served statewide basis. Applications will be accepted until 5:00 p.m. May 1, 2008 unless all funds are committed prior to this date. Applicants are encouraged to review the application process cited above and described herein. Applications that do not meet minimum threshold and financial feasibility will not be considered for funding.

c) The Department will allocate Housing Trust Fund awards as a loan, to eligible recipients for the provision of housing for very low and extremely low-income individuals and families. Funds will be distributed primarily in rural areas and will not be awarded to developments that have received a Housing Tax Credits award so that special emphasis is given to smaller proposed developments. The Department's underwriting guidelines at 10 TAC §1.32 will be used which set as a minimum feasibility a 1.15 debt coverage ratio.

d) Award amounts are limited to no more than $250,000 per development.

3) Eligible and Ineligible Activities and Restrictions.

a) Eligible activities will include the financing, new construction, acquisition and/or rehabilitation of affordable rental housing developments.

b) Ineligible activities include the acquisition, rehabilitation, reconstruction or refinancing of affordable rental housing constructed within the past 5 years or previously funded by the Department.

c) Ineligible activities include financing for any property that also has received or will receive a Housing Tax Credit award.

d) Restrictions include the displacement of existing affordable housing. Pursuant to §2306.203(a)(4) of the Texas Government Code, Housing Trust Funds shall not be utilized on a development that has the effect of permanently and involuntarily displacing low, very low, and extremely low income persons and families. Low-Income persons who may be temporarily displaced by the rehabilitation of affordable housing may be eligible for compensation of moving and relocation expenses. If a Housing Trust Fund recipient violates the permanent dislocation provision of this subsection, that recipient risks loss of Housing Trust Funds and the landlord/developer must pay the affected tenant's costs and all moving expenses.

4) Eligible and Ineligible Applicants.

a) The Department provides HTF to qualified local units of government, public housing authorities, nonprofit organizations and for-profit entities.

b) Ineligible Applicants will include the following:

i) Previously funded recipient(s) whose Housing Trust Funds have been partially or fully deobligated due to failure to meet contractual obligations during the 12 months prior to the current funding cycle;

ii) Applicants, or persons affiliated with the Applicant that have been barred, suspended, or terminated from procurement in a state or federal program and listed in the List of Parties Excluded from Federal Procurement of Non-procurement Programs;

iii) Applicants or persons affiliated with the Applicant that are subject of enforcement action under state or federal securities law, or are the subject of an enforcement proceeding with a state or federal agency or another governmental entity;

iv) Applicants or persons affiliated with the Applicant that have unresolved audit findings related to previous or current funding agreements with the Department;

v) Applicants or persons affiliated with the Applicant that have delinquent loans, fees or other commitments with the Department, until payment is made;

vi) Applicants who have not satisfied all threshold requirements described in this title, and the NOFA to which they are responding, and for which Administrative Deficiencies were unresolved;

vii) Applicants who have submitted incomplete Applications;

viii) Applicants or persons affiliated with the Applicant that have been otherwise barred by the Department;

ix) Applicants are subject to §1.13 of this title; or

x) Applicants or persons affiliated with the Applicant that have breached a contract with a public agency.

c) Each Application will be reviewed for its compliance history by the Department, consistent with 10 TAC Chapter 60. Applicants, or persons affiliated with an Application, found to have a Development or Contract in Material Noncompliance with the Department, will have their Application(s) terminated.

5) Affordability Requirements.

a) Pursuant to §2306.203(6) of the Texas Government Code, Applicants proposing multifamily housing, new construction or rehabilitation, will be required to guarantee the Development will remain affordable to income qualified families or individuals for a period of 20 years.

b) Properties will be restricted under a Land Use Restriction Agreement ("LURA"), or other such instrument as determined by the Department for these terms. Among other restrictions, the LURA may require the owner of the property to continue to accept subsidies which may be offered by the federal government, prohibit the owner from exercising an option to prepay a federally insured loan, impose tenant income-based occupancy and rental restrictions, or impose any of these and other restrictions as deemed necessary at the sole discretion of the Department in order to preserve the property as affordable housing on a case-by-case basis.

6) Site and Development Restrictions.

a) Housing that is constructed or rehabilitated with HTF funds must meet all applicable local codes, rehabilitation standards, ordinances, and zoning ordinances at the time of project completion. In the absence of local codes applications will be required to meet Texas Minimum Construction Standards, as well as the Fair Housing Accessibility Standards and §504 of the Rehabilitation Act of 1973. Developments must also meet all local building codes or standards that may apply.

b) Housing must meet the accessibility requirements at 24 CFR Part 8, which implements §504 of the Rehabilitation Act of 1973 (29 U.S.C. §794) and covered multifamily dwellings, as defined at 24 CFR §100.201, must also meet the design and construction requirements at 24 CFR §100.205, which implement the Fair Housing Act (42 U.S.C. 3601-3619). Any Developments designed as single family structures must also satisfy the requirements of §2306.514, Texas Government Code.

7) Threshold Criteria.

a) Housing units subsidized by HTF funds must be affordable to very-low (50% AMFI or below) or extremely low-income (30% AMFI or below) persons. Mixed Income rental developments may only receive funds for units that serve very-low or extremely low-income persons. All applications intended to serve persons with disabilities must adhere to the Department's Integrated Housing Rule at 10 TAC §1.15.

b) The Recipient must establish a reserve account consistent with §2306.186, Texas Government Code, and as further described in 10 TAC §1.37.

c) The following Threshold Criteria listed in this subsection are mandatory requirements at the time of Application submission unless specifically indicated otherwise. Applicants must demonstrate the application can meet the following threshold criteria to be considered for funding:

i) The application is consistent with the requirements established in the HTF rules and the NOFA.

ii) The Applicant provides evidence of its ability to carry out the proposal in the areas of financing, acquiring, rehabilitating, developing or managing an affordable housing development.

iii) To encourage the inclusion of families and individuals with the highest need for affordable housing, applicants must target units for individuals or families earning 50% or less of area medium income for the development site.

iv) An applicant is not eligible to apply for funds or any other assistance from the Department unless audits are current at the time of application or the Audit Certification Form has been submitted to the Department in a satisfactory format on or before the application deadline for funds or other assistance per 10 TAC §1.3(b).

8) Review Process.

a) Pursuant to 10 TAC §51.8, each application will be handled on a first-come, first-served basis as further described in this section. Each application will be assigned a "Received Date" based on the date and time it is physically received by the Department. Then each application will be reviewed on its own merits in two review phases, as applicable. Applications will continue to be prioritized for funding based on their "Received Date" unless they do not proceed into the next phase(s) of review. Applications proceeding in a timely fashion through a phase will take priority over applications that may have an earlier "Received Date" but that did not timely complete a phase of review. Applications will be reviewed for Applicant and Activity Eligibility, Threshold Criteria, and Financial Feasibility as described in this NOFA.

Phase One will begin as of the Received Date and will include a review of eligibility and threshold criteria and all Application requirements. The Department will ensure review of materials required under the NOFA and ASPM and will issue a notice of any Administrative Deficiencies for threshold criteria and eligibility within 45 days of the Received Date. Applicants who are able to resolve their Administrative Deficiencies within five (5) business days will be forwarded into Phase Two, if applicable, and will continue to be prioritized by their Received Date. Applications with Administrative Deficiencies not cured within five (5) business days, will be terminated and must reapply for consideration of funds. Applications that have completed this Phase and do not require additional review in Phase Two will be reviewed for recommendation to the Board by the Committee.

Phase Two will include a comprehensive review for financial feasibility for Development Activities. Financial feasibility reviews will be conducted by the Real Estate Analysis (REA) Division consistent with 10 TAC §1.32. REA will create an underwriting report identifying staff's recommended Loan terms, the Loan or Grant amount and any conditions to be placed on the Development. The Department will issue a notice of any Administrative Deficiencies within 45 days of the date the Application enters Phase Two. Applications with Administrative Deficiencies not satisfied within five (5) business days, will be terminated and must reapply for consideration of funds. Applications that have completed this Phase will be reviewed for recommendation to the Board by the Committee.

Because applications are processed in the order they are received by the Department, it is possible that the Department will expend all available Housing Trust Fund funds before an application has completed all phases of review. In the case that all Housing Trust Fund funds are committed before an application has completed all phases of the review process, the Department will notify the applicant that their application will remain active for ninety (90) days in its current phase. If new Housing Trust Fund funds become available, Applications will continue onward with their review without losing their Received Date priority. If Housing Trust Fund funds do not become available within ninety (90) days of the notification, the Applicant will be notified that their Application is no longer under consideration. The applicant must reapply to be considered for future funding. If on the date an Application is received by the Department, no funds are available under the NOFA, the applicant will be notified that no funds remain under the NOFA and that the application will not be processed.

b) If a submitted Application has an entire Volume of the application missing; has excessive omissions of documentation from the Threshold Criteria or Uniform Application documentation; or is so unclear, disjointed or incomplete that a thorough review cannot reasonably be performed by the Department, as determined, will be terminated without being processed as an Administrative Deficiency.

c) Pursuant to 10 TAC §51.8(e), a site visit will be conducted as part of the HTF Program development feasibility review. Applicants must receive recommendation for approval from the Department to be considered for HTF funding by the Board.

e) In accordance with §2306.082 Texas Government Code and 10 TAC §51.8(g), it is the Department's policy to encourage the use of appropriate Alternative Dispute Resolution Procedures ("ADR") under the Governmental Dispute Resolution Act, Chapter 2009, Texas Government Code, to assist in resolving disputes under the Department's jurisdiction. As described in Chapter 154, Civil Practices and Remedies Code, ADR procedures include mediation. Except as prohibited by the Department's ex parte communications policy, the Department encourages informal communications between Department staff and Applicants, and other interested persons, to exchange information and informally resolve disputes. The Department also has administrative appeals processes to fairly and expeditiously resolve disputes. If at anytime an Applicant or other person would like to engage the Department in an ADR procedure, the person may send a proposal to the Department's Dispute Resolution Coordinator. For additional information on the Department's ADR Policy, see the Department's General Administrative Rule on ADR at 10 TAC §1.17.

f) An Applicant may appeal decisions made by staff in accordance with 10 TAC §1.7.

9) Application Submission.

a) All applications submitted under this NOFA must be received on or before 5:00 p.m. on May 1, 2008. The Department will accept applications from 8 a.m. to 5 p.m. each business day, excluding federal and state holidays from the date this NOFA is published on the Department's web site until the deadline. For questions regarding this NOFA please contact Barbara Skinner at 512-475-1643 or via e-mail at barbara.skinner@tdhca.state.tx.us or Ann Gusman-MacBeth at (512) 475-4606 or via e-mail at ann.macbeth@tdhca.state.tx.us.

b) If an Application is submitted to the Department for a Development that requests funds from two separate housing finance programs, and only one of the housing finance programs is operated as a competitive cycle, the Application will be handled in accordance with the guidelines for each housing program. The Applicant is responsible for adhering to the deadlines and requirements of both programs. If an Application is submitted for two separate housing finance programs where both programs are either open cycle, or competitive, the Application will be handled in accordance with the guidelines of each housing program. The Applicant is responsible for adhering to the deadlines and requirements of both programs.

c) Applications submitted to the Department must be complete and include all support documentation and associated application materials as described in this NOFA .

d) Applicants must submit two complete printed copies of all Application materials as detailed in the 2007 ASPM for Housing Trust Fund.

f) If third party reports are not received at the time of application submission, the Application will be terminated.

g) Application materials including manuals, NOFA, program guidelines, and applicable Housing Trust Fund rules, will be available on the Department's website at www.tdhca.state.tx.us. Applications will be required to adhere to the Housing Trust Fund Rule and threshold requirements in effect at the time of the Application submission. Applications must be on forms provided by the Department, and cannot be altered or modified and must be in final form before submitting them to the Department.

h) Applicants are required to remit a non-refundable Application fee payable to the Texas Department of Housing and Community Affairs in the amount of $200.00 per Application. Payment must be in the form of a check, cashier's check or money order. Do not send cash. Section 2306.147(b) of the Texas Government Code requires the Department to waive Application fees for nonprofit organizations that offer expanded services such as child care, nutrition programs, job training assistance, health services, or human services. These organizations must include proof of their exempt status and a description of their supportive services in lieu of the Application fee.

i) Applications must be sent via overnight delivery to:

HOME Division

Texas Department of Housing and Community Affairs

Attn: Barbara Skinner

221 East 11th Street

Austin, TX 78701-2410

or via the U.S. Postal Service to:

HOME Division

Texas Department of Housing and Community Affairs

Attn: Barbara Skinner

Post Office Box 13941

Austin, TX 78711-3941

NOTE: This NOFA does not include the text of the various applicable regulatory provisions that may be important to the particular Housing Trust Fund Program. For proper completion of the application, the Department strongly encourages potential applicants to review all applicable State and Federal regulations.

TRD-200706582

Michael Gerber

Executive Director

Texas Department of Housing and Community Affairs

Filed: December 21, 2007

Notice of Funding Availability

HOME Investment Partnerships Program

Rental Housing Development Program

1) Summary.

The Texas Department of Housing and Community Affairs ("the Department") announces the availability of approximately $15,000,000 in funding from the HOME Investment Partnerships Program for the development of affordable rental housing for low-income Texans. The availability and use of these funds is subject to the State HOME Rules at Title 10 Texas Administrative Code (10 TAC) Chapter 53 ("HOME Rules") in effect at the time application is submitted, the Federal HOME regulations governing the HOME program (24 CFR Part 92), and Chapter 2306, Texas Government Code. Other Federal regulations may also apply such as, but not limited to, 24 CFR Parts 50 and 58 for environmental requirements, Davis-Bacon Act for labor standards, 24 CFR §§85.36 and 84.42 for conflict of interest and 24 CFR Part 5, Subpart A for fair housing. Applicants are encouraged to familiarize themselves with all of the applicable state and federal rules that govern the program. Parts that reference The 2008 Qualified Allocation Plan (QAP) will be effective 20 days after the date the QAP is filed with the Texas Register.

2) Allocation of HOME Funds.

a) These funds are made available through unawarded and deobligated HOME funds that are set-aside for rental housing development proposals which involve new construction, rehabilitation, acquisition and rehabilitation of affordable rental housing development activities. All funds released under this NOFA are to be used for the creation of affordable rental housing for low-income Texans earning 80 percent or less of the Area Median Family Income (AMFI).

c) The Department awards HOME funds, typically as a loan, to eligible recipients for the provision of housing for low, very low and extremely low-income individuals and families, pursuant to 10 TAC §53.41. Award amounts are limited to no more than $3 million per development. The minimum HOME award may not be less than $1,000 per HOME assisted unit. The maximum award may not exceed 90% of the total development costs. The remaining 10% of total development cost must be in the form of loans or grants from private or public entities. The per-unit subsidy may not exceed the per-unit dollar limits established by the United States Department of Housing and Urban Development (HUD) under §221(d)(3) of the National Housing Act which are applicable to the area in which the development is located, and as published by HUD. The Department's underwriting guidelines in 10 TAC §1.32 will be used which set as a minimum feasibility a 1.15 debt coverage ratio. Where the anticipated debt coverage ratio in the year after completion exceeds 1.35, a loan or partial loan will be recommended.

d) Developments involving rehabilitation must establish that the rehabilitation will substantially improve the condition of the housing and will involve at least $12,000 per unit in direct hard costs, unless the property is also being financed by the United States Department of Agriculture's Rural Development program. When HOME funds are used for a rehabilitation development the entire unit must be brought up to the applicable property standards, pursuant to 24 CFR §92.251(a)(1).

3) Eligible and Prohibited Activities.

a) Eligible activities will include those permissible under the federal HOME Rule at 24 CFR §92.205, the State HOME Rules at 10 TAC §53.34, which involve only the acquisition, rehabilitation and construction of affordable rental developments.

b) Prohibited activities include those under federal HOME rules at 24 CFR §92.214 and 10 TAC §53.37.

c) Rental development funds will not be eligible for use in a Participating Jurisdiction (PJ). Any HOME funds available for serving households in a PJ will only be made available under a separate NOFA for Persons with Disabilities as described in the 2008 State of Texas Consolidated Plan One-Year Action Plan.

d) Refinancing of federally financed properties or use of HOME funds for properties constructed within five years of the submission of an Application for assistance will not be permissible.

4) Eligible and Ineligible Applicants.

a) The Department provides HOME funding to qualified nonprofit organizations, for-profit entities, sole proprietors, public housing authorities and units of general local government.

b) Applicants may be ineligible for funding if they meet any of the criteria listed in §53.42 of the Department's HOME rule, and ineligibility with any requirements under 10 TAC §50.5(a) excluding paragraphs (5) - (8). Applicants are encouraged to familiarize themselves with the Department's certification and debarment policies prior to application submission.

5) Matching Funds.

6) Affordability Requirements.

b) Each development will have a two-tier affordability term.

7) Site and Development Restrictions.

a) Pursuant to 24 CFR §92.251, housing that is constructed or rehabilitated with HOME funds must meet all applicable local codes, rehabilitation standards, ordinances, and zoning ordinances at the time of project completion. In the absence of a local code for new construction or rehabilitation, HOME-assisted new construction or rehabilitation must meet, as applicable, one of three model codes: Uniform Building Code (ICBO), National Building Code (BOCA), Standard (Southern) Building Code (SBCCI); or the Council of American Building Officials (CABO) one or two family code; or the Minimum Property Standards (MPS) in 24 CFR §200.925 or §200.926(d). To avoid duplicative inspections when Federal Housing Administration (FHA) financing is involved in a HOME-assisted property, a participating jurisdiction may rely on a Minimum Property Standards (MPS) inspection performed by a qualified person. Newly constructed housing must meet the current edition of the Model Energy Code published by the Council of American Building Officials.

c) Housing must meet the accessibility requirements at 24 CFR Part 8, which implements §504 of the Rehabilitation Act of 1973 (29 U.S.C. §794) and covered multifamily dwellings, as defined at 24 CFR §100.201, must also meet the design and construction requirements at 24 CFR §100.205, which implement the Fair Housing Act (42 U.S.C. 3601-3619). Additionally, pursuant to the 2008 Qualified Allocation Plan (QAP), 10 TAC §50.9(h)(4)(G), Developments involving New Construction (excluding New Construction of nonresidential buildings) where some Units are two-stories and are normally exempt from Fair Housing accessibility requirements, a minimum of 20% of each Unit type (i.e. one bedroom, two bedroom, three bedroom) must provide an accessible entry level and all common-use facilities in compliance with the Fair Housing Guidelines, and include a minimum of one bedroom and one bathroom or powder room at the entry level. A certification will be required after the Development is completed from an inspector, architect, or accessibility specialist. Any Developments designed as single family structures must also satisfy the requirements of §2306.514, Texas Government Code.

d) All of the 2008 Qualified Allocation Plan and Rules §50.6, excluding subsections (d), (f), (g) and (h) apply.

8) Threshold Criteria.

c) All applications will be required to meet Section 8 Housing Quality Standards detailed under 24 CFR §982.401, Texas Minimum Construction Standards, as well as the Fair Housing Accessibility Standards and §504 of the Rehabilitation Act of 1973. Developments must also meet all local building codes or standards that may apply. If the development is located within a jurisdiction that does not have building codes, developments must meet the most current International Building Code.

ii) all neighborhood organizations whose defined boundaries include the location of the Development;

iii) executive officer and Board President of the school district that covers the location of the Development;

iv) residents of occupied housing units that may be rehabilitated, reconstructed or demolished; and

v) the State Representative and State Senator whose district covers the location of the Development.

e) The following Threshold Criteria listed in this subsection are mandatory requirements at the time of Application submission unless specifically indicated otherwise:

iii) To encourage the inclusion of families and individuals with the highest need for affordable housing, applicants must target a minimum of 5% of the total units for individuals or families earning 30% or less of area medium income for the development site. Additionally, 20% of the total units proposed must be HOME units.

v) All of the 2008 Qualified Allocation Plan and Rules at 10 TAC §50.9(h), excluding subsections (4)(I), (11), (12) and (15).

9) Review Process.

b) Pursuant to the QAP and 10 TAC §53.42 if a submitted Application has an entire Volume of the application missing; has excessive omissions of documentation from the Threshold Criteria or Uniform Application documentation; or is so unclear, disjointed or incomplete that a thorough review cannot reasonably be performed by the Department, as determined by the Department. If an application is determined ineligible pursuant to this section, the Application will be terminated without being processed as an Administrative Deficiency.

c) A site visit may be conducted as part of the HOME Program development feasibility review. Applicants must receive recommendation for approval from the Department to be considered for HOME funding by the Board.

e) In accordance with §2306.082 Texas Government Code and 10 TAC §53.6, it is the Department's policy to encourage the use of appropriate Alternative Dispute Resolution procedures ("ADR") under the Governmental Dispute Resolution Act, Chapter 2009, Texas Government Code, to assist in resolving disputes under the Department's jurisdiction. As described in Chapter 154, Civil Practices and Remedies Code, ADR procedures include mediation. Except as prohibited by the Department's ex parte communications policy, the Department encourages informal communications between Department staff and Applicants, and other interested persons, to exchange information and informally resolve disputes. The Department also has administrative appeals processes to fairly and expeditiously resolve disputes. If at anytime an Applicant or other person would like to engage the Department in an ADR procedure, the person may send a proposal to the Department's Dispute Resolution Coordinator. For additional information on the Department's ADR Policy, see the Department's General Administrative Rule on ADR at 10 TAC §1.17.

f) An Applicant may appeal decisions made by staff in accordance with 10 TAC §1.7.

10) Application Submission.

c) All applications must be submitted, and provide all documentation, as described in this NOFA and associated application materials.

f) Third party reports- If third party reports are not received at the time of application submission, the Application will be terminated.

i) Applications must be sent via overnight delivery to:

HOME Division

Texas Department of Housing and Community Affairs

Attn: Barbara Skinner

221 East 11th Street

Austin, TX 78701-2410

or via the U.S. Postal Service to:

HOME Division

Texas Department of Housing and Community Affairs

Attn: Barbara Skinner

Post Office Box 13941

Austin, TX 78711-3941

NOTE: This NOFA does not include the text of the various applicable regulatory provisions that may be important to the particular HOME Rental Housing Development Program. For proper completion of the application, the Department strongly encourages potential applicants to review all applicable State and Federal regulations.

TRD-200706583

Michael Gerber

Executive Director

Texas Department of Housing and Community Affairs

Filed: December 21, 2007

Notice of Funding Availability

HOME Investment Partnerships Program

Tenant-Based Rental Assistance (TBRA)

Summary.

The Texas Department of Housing and Community Affairs (Department) announces the availability of approximately $3 million dollars of HOME funds for Tenant-Based Rental Assistance. The availability and use of these funds are subject to the State HOME Rule at 10 Texas Administrative Code, Title 10, Part 1, Chapter 53 ("HOME Rule") in effect at the time the Application is submitted, the Federal HOME regulations governing the HOME Program (24 CFR Part 92), and Chapter 2306, Texas Government Code

Allocation of TBRA Funds.

These funds are HOME uncommitted and deobligated funds which have previously been made available through Regional Allocation Formula. Therefore, HOME funds under this NOFA are not subject to the Regional Allocation Formula. All funds released under this NOFA shall be used to administer a Tenant-Based Rental Assistance Program to provide eligible households rental subsidies, including security and utility deposits to tenants for up to 24 months and earning 80 percent (80%) or less of the Area Median Family Income (AMFI) as defined by HUD. In accordance with 24 CFR §92.216, not less than 90% of the households assisted with respect to TBRA or rental units, must have incomes at or below 60% of the AMFI, as defined by HUD. Tenants must also participate in a self sufficiency program and the rental unit must be their primary residence.

Section 2306.111, Texas Government Code, also mandates the Department to allocate no less than 95 percent of the HOME Program Funds to Applicants which serve households located in a non-participating jurisdiction (non-PJ). The remaining five percent of the annual HOME Program funds will be allocated to Applicants serving persons with disabilities who live in any area of the state. Due to the unavailability of Participating Jurisdiction (PJ) funds, these TBRA funds will not be awarded in a PJ. These funds may not be reserved for persons with disabilities in an Application; however, persons with disabilities may be served as part of the general population.

In accordance with 10 TAC §53.48(a), this NOFA will be an Open Application Cycle. Funds will be available on a first-come, first-served basis. Applications will be accepted by the Department on an on-going basis until all funds have been awarded or 5:00 p.m. Friday, May 30, 2008 whichever occurs first, regardless of method of delivery. Applicants are encouraged to review the application process cited above and described herein. Applications that do not meet minimum threshold criteria will not be considered for funding.

The maximum award amount for TBRA shall not exceed $300,000 per Applicant per NOFA. Additionally, up to four percent (4%) of the requested project funds may be requested for administrative costs.

Eligible and Ineligible Activities.

TBRA funds may only be used to provide rental subsidies, including security deposits and utility deposits in accordance with written tenant selection policies, for period not to exceed 24 months. TBRA allows the assisted tenant to live in and move to any dwelling unit with a right to continued assistance, and as further defined in the State HOME Rule at 10 TAC Chapter 53 and the Federal HOME Rule at 24 CFR Part 92.

Prohibited activities include those under HOME Rule at 10 TAC §53.37 and the Federal HOME rule at 24 CFR §92.214.

In accordance with 10 TAC §53.72, the contract term for TBRA shall not exceed 36 months.

TBRA Assistance.

TBRA is provided to eligible tenants for payment of rental subsidies in accordance with written tenant selection policies, and for a period of time that does not exceed 24 months per Household. Security deposits and utility deposits may be provided in conjunction with rental assistance. TBRA allows the assisted tenant to live in and move to any dwelling unit with a right to continued assistance, within the 24 month assistance period. If awarded TBRA funds, applicant will not be allowed to commit funds to a household six months prior to the end of the contract date.

The Household must comply with the initial eligibility requirements to participate in an approved self-sufficiency program; maintain principal residency in the rental unit for which the subsidy is being provided; be an Income Eligible Household; reside in a rental unit that is located within the Administrator's Service Area; and meet all other eligibility requirements.

The rental standard must not exceed HUD's "Fair Market Rent for the Housing Choice Voucher Program." Rental units must be inspected prior to occupancy and must comply with Housing Quality Standards established by HUD.

Eligible and Ineligible Applicants.

Eligible Applicants are Units of General Local Government, Nonprofit Organizations and Public Housing Authorities (PHA's).

Applicants may be ineligible for funding if they meet any of the criteria listed in the State HOME Program Rule at 10 TAC §53.42.

Threshold Criteria.

Cash Reserve: Each awarded Applicant will be required to expend funds according to program guidelines and request funds from the Department for eligible expenses. Every Applicant must evidence the ability to administer the program and commit adequate cash reserves of at least the total of one month's rent for each proposed household to continue administration of the program during the Department's disbursement process. Cash reserves are not permanently invested in the project but are used for short term deficits that are paid by program funds. This commitment must be included in the Applicant's resolution.

Self Sufficiency Program: Every Applicant must submit a detailed Self Sufficiency Plan and must describe the process for the transition of households to permanent housing by the end of the 24-month rental assistance contract term.

The documentation must describe the necessary components for the overall plan proposed for transition of potential tenants. This plan, like a case management plan, should detail the need of the tenant, how these needs will be addressed including any agreements with service providers who shall assist the tenant at meeting these needs, and a proposed timeframe for completing those activities. The plan must include:

1. A sample household budget which will utilize existing sources of income such as employment, disability payments and other types of support that details how the assisted household will afford to be self-sufficient by the end of the 24-month rental assistance.

2. If additional income is required to attain self-sufficiency, a plan for attaining the required education or training, or a job search plan must be included.

3. Specific housing goals that will be completed on or before the end of the 24-month assistance period. This includes finding subsidized housing, affordable market housing or other permanent housing solutions. The plan should include the required steps such as completing an application, approximate waiting time to get into the type of housing desired and the cost of the housing to the tenant.

Resolution: All Applications submitted must include an original resolution from the Applicant's direct governing body, authorizing the submission of the Application, commitment of cash reserves for use during the contract period, and naming a person authorized to represent the organization and signature authority to execute a contract. If an Applicant that is a nonprofit organization is requesting a waiver of the grant Application fee, they must do so in the resolution, and must state that the nonprofit organization offers expanded services such as child care, nutrition programs, job training assistance, health services, or human services.

Review Process.

Pursuant to 10 TAC §53.48(a), each Application will be handled on a first-come, first-served basis. Each Application will be assigned a "Received Date" based on the date and time it is physically received by the Department. The Department will ensure review of materials required under the NOFA and ASPM for threshold criteria and eligibility and will issue a notice of any Administrative Deficiencies for Applications within 45 days of the Received Date.

All Applicants will be processed through the Department's Application Evaluation System, and will include a previous award and past performance evaluation. Poor past performance may disqualify an Applicant for funding recommendation or recommendation may include conditions.

Because Applications are processed in the order they are received by the Department, it is possible that the Department will expend all available TBRA funds before an Application has been completely reviewed. If on the date an Application is received by the Department, no funds are available under this NOFA, the Applicant will be notified that no funds remain under the NOFA and that the Application will not be processed.

An Applicant may appeal decisions made by staff in accordance with 10 TAC §1.7.

Application Submission.

The Application Guide for this NOFA will be available on the Department's website at www.tdhca.state.tx.us Applications must be submitted on forms provided by the Department, and cannot be altered or modified and must be in final form before submitting to the Department. All Applications must be submitted, and provide all documentation, as described in this NOFA and associated Application materials. Final Application deadline date is 5:00 p.m. FRIDAY, MAY 30, 2008.

Applications mailed via the U.S. Postal Service must be mailed to:

Texas Department of Housing & Community Affairs

HOME Division

P.O. Box 13941

Austin, Texas 78711-3941

Applications mailed by private carrier or hand-delivered will be received at the physical address:

Texas Department of Housing & Community Affairs

HOME Division

221 E. 11th Street

Austin, Texas 78701

Applicants are required to remit a non-refundable Application fee payable to the Texas Department of Housing and Community Affairs in the amount of $30 per Application. Please send a check, cashier's check or money order; do not send cash. Section 2306.147(b) of the Texas Government Code requires the Department to waive grant Application fees for nonprofit organizations that offer expanded services such as child care, nutrition programs, job training assistance, health services, or human services. These organizations must include proof of their exempt status in lieu of the Application fee.

Applications that do not meet the filing deadline and Application fee requirements will be returned to the Applicant and will not be considered for funding. Application deficiencies will be processed in accordance to 10 TAC §53.48(a) an Applicant may appeal decisions made by the Department in accordance with 10 TAC §1.7.

This NOFA does not include text of the various applicable regulatory provisions that may be important to the HOME TBRA Program. For proper completion of the Application the Department strongly encourages potential Applicants to review all applicable HOME rules and regulations and to attend an Application training workshop.

Application Workshop.

The Department will present a TBRA Application Workshop that will provide an overview of the TBRA Program, Application preparation and submission requirements, evaluation criteria, and state and federal program information. The Application Workshop schedule and registration will be posted on the Department's website at www.tdhca.state.tx.us.

Audit Requirements.

Contact Information

Questions regarding this NOFA should be addressed to:

HOME Division

221 E. 11th Street

Austin, Texas 78701

Telephone: (512) 463-8921

E-mail: home@tdhca.state.tx.us

TRD-200706606

Michael Gerber

Executive Director

Texas Department of Housing and Community Affairs

Filed: December 21, 2007

Texas Department of Insurance

Notice of Public Hearing

The Commissioner of Insurance (Commissioner) will hold a public hearing under Docket No. 2680 on January 29, 2008 at 9:30 a.m., in Room 100 of the William P. Hobby, Jr. State Office Building, in Austin, Texas, to consider a petition from the Texas Windstorm Insurance Association (TWIA) proposing the approval of a new endorsement for the TWIA Dwelling Policy to cover loss of rental income, manual rules for the new endorsement, and rates for the proposed new coverage.

The Insurance Code §2210.351 requires that TWIA must file with the Department each manual of rules or rates and each rating plan that TWIA proposes to use, indicating the character and the extent of the coverage contemplated, accompanied by the proposed policy and endorsement forms; and authorizes the Commissioner to approve, disapprove or modify in writing the proposed manual of rules or rates, each proposed rating plan, and the proposed policy and endorsement forms.

The hearing is held pursuant to the Insurance Code §2210.008, which provides that the Commissioner, after notice and hearing, may issue any orders considered necessary to carry out the purposes of the Texas Windstorm Insurance Association Act, including but not limited to, maximum rates, competitive rates, and policy forms. Any person may appear to testify for or against the approval of an endorsement for the TWIA Dwelling Policy to cover loss of rental income, the manual rules for the new endorsement, and rates for the proposed new coverage.

Copies of the proposed residential endorsement filed by TWIA, the proposed update to the TWIA rules manual, and the proposed rate filing by TWIA for the new endorsement are available for review in the Office of the Chief Clerk, Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas, 78714-9104. To request a copy of the proposed TWIA residential endorsement filing, the proposed update to the TWIA rules manual, and the proposed rate filing by TWIA for the new endorsement, please contact Sylvia Gutierrez at (512) 463-6327 (refer to Reference No. P-0907-13).

TRD-200706548

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: December 20, 2007

Notice of Public Hearing

The Commissioner of Insurance will hold a public hearing under Docket No. 2681 on January 29, 2008, at 9:30 a.m., in Room 100 of the William P. Hobby Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, to consider the filing by the Texas Windstorm Insurance Association (TWIA) of a proposed increase in the current maximum limits of liability for the individually owned corporal movable property located in an apartment unit, residential condominium unit, or townhouse unit insured by TWIA.

Under Insurance Code §2210.502(c), the TWIA board of directors may propose, in addition to the statutorily authorized annual increases for inflation, increases in the maximum liability limits as the board determines necessary to implement the purposes of Chapter 2210. TWIA proposes to increase the maximum limits of liability for the individually owned corporal movable property located in an apartment unit, residential condominium unit or townhouse unit from a maximum limit of $181,000 (in effect as of January 1, 2008) to a new maximum limit of $350,000.

This notice is made in accordance with the Insurance Code §2210.504(a), which requires notification and a hearing prior to the Commissioner's approval, disapproval, or modification of proposed adjustments to the liability limits.

A copy of TWIA's request is available for review in the Office of the Chief Clerk, Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas, 78714-9104. To request a copy of the petition, contact Sylvia Gutierrez at (512) 463-6327 (refer to Reference No. P-1207-17).

TRD-200706549

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: December 20, 2007

Texas Judicial Council

Request for Applications

FY09 Discretionary Grant Program

Task Force on Indigent Defense

Visit website at www.courts.state.tx.us/tfid for more information.

Contact: Whitney Stark, Grants Administrator

Phone: (512) 936-6996

TRD-200706535

James Bethke

Director, Task Force on Indigent Defense

Texas Judicial Council

Filed: December 20, 2007

Texas Lottery Commission

Instant Game Number 1061 "Sum It Up!"

1.0 Name and Style of Game.

A. The name of Instant Game No. 1061 is "SUM IT UP!". The play style is "add up".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1061 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 1061.

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: 0, 1, 2, 3, 4, 5, 6, 7, 8, 9, $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $40.00, $50.00, $100 or $500.

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. 1061 - 1.2D

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

Figure 2: 16 TAC GAME NO. 1061 - 1.2E

Low-tier winning tickets use the required codes listed in Figure 2. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.

F. Serial Number - A unique 14 (fourteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There will be a four (4)-digit "security number" which will be individually boxed and randomly placed within the number. The remaining ten (10) 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: 00000000000000.

G. Low-Tier Prize - A prize of $1.00, $2.00, $4.00, $5.00, $10.00 or $20.00.

H. Mid-Tier Prize - A prize of $40.00, $50.00, $100 or $500.

I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) bar code which will include a four (4) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the ten (10) digit Validation Number. The bar code appears on the back of the ticket.

J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1061), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 150 within each pack. The format will be: 1061-0000001-001.

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

L. 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.

M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "SUM IT UP!" Instant Game No. 1061 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 "SUM IT UP!" Instant Game is determined once the latex on the ticket is scratched off to expose 7 (seven) Play Symbols. If the player's sum of YOUR NUMBERS equals the sum of the NUMBERS DRAWN, the player wins the PRIZE shown. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 7 (seven) 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 7 (seven) 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 7 (seven) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 7 (seven) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. No non-winning ticket will contain the same play symbols appearing in the NUMBERS DRAWN play area as appears in the YOUR NUMBERS play area (in any order).

C. The combination of three "6" play symbols will never appear in the NUMBERS DRAWN play area or the YOUR NUMBERS play area.

D. The difference between the sum of the YOUR NUMBERS play symbols and the sum of the NUMBERS DRAWN play symbols will never be greater than 5 on non-winning tickets.

2.3 Procedure for Claiming Prizes.

A. To claim a "SUM IT UP!" Instant Game prize of $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $40.00, $50.00, $100 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required to pay a $40.00, $50.00, $100 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B of these Game Procedures.

B. As an alternative method of claiming a "SUM IT UP!" 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.

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

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

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

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

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

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

D. 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 "SUM IT UP!" 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 "SUM IT UP!" 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 10,080,000 tickets in the Instant Game No. 1061. The approximate number and value of prizes in the game are as follows:

Figure 3: 16 TAC GAME NO. 1061 - 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. 1061 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. 1061, 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-200706524

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: December 20, 2007

Public Utility Commission of Texas

Amended Notice of Application for Designation as an Eligible Telecommunications Carrier and Eligible Telecommunications Provider

Notice is given to the public of an application filed with the Public Utility Commission of Texas on November 30, 2007, for designation as an eligible telecommunications provider (ETP) and eligible telecommunications carrier (ETC) pursuant to P.U.C. Substantive Rule §26.417 and §26.418, respectively.

Docket Title and Number: Application of Matrix Business Technologies for Designation as an Eligible Telecommunications Carrier and Eligible Telecommunications Provider. Docket Number 35078.

The Application: The company is requesting ETC/ETP designation in order to be eligible to receive federal and state universal service funding to assist it in providing universal service in Texas. Pursuant to 47 U.S.C. §214(e), the commission, either upon its own motion or upon request, shall designate qualifying common carriers as ETCs and ETPs for service areas set forth by the commission. Matrix Business Technologies seeks ETC/ETP designation in the local exchange of AT&T Texas. The Company holds Service Provider Certificate of Operating Authority Number 60108.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by January 18, 2008. Requests for further information should be mailed to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or you may call the Public Utility Commission's Customer Protection Division at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (800) 735-2989 to reach the commission's toll free number (888) 782-8477. All comments should reference Docket Number 35078.

TRD-200706528

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: December 20, 2007

Announcement of Application for State-Issued Certificate of Franchise Authority

The Public Utility Commission of Texas received an application on December 18. 2007, for 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 James Cable, LLC for a State-Issued Certificate of Franchise Authority, Project Number 35134 before the Public Utility Commission of Texas.

The requested CFA service area includes the City Limits of Jacksboro, 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 35134.

TRD-200706531

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: December 20, 2007

Notice of Application for Certificate of Convenience and Necessity for a Proposed Transmission Line in Gaines and Yoakum Counties, Texas

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on December 18, 2007, for a proposed 230-kV transmission line in Gaines and Yoakum Counties, Texas.

Docket Style and Number: Application of Southwestern Public Service Company to Amend a Certificate of Convenience and Necessity for a Proposed Transmission Line within Gaines and Yoakum Counties, Texas. Docket Number 35106.

The Application: The application of Southwestern Public Service Company (SPS) for a proposed transmission line is designated as the Mustang Station to Seminole Interchange Substation 230 kV Transmission Line Project. SPS stated that the proposed transmission line is needed to sustain reliable transmission service to the growing customer load in the Seminole, Texas area, and to increase transmission capacity necessary to serve new oil and gas industry loads.

Persons wishing to intervene or 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. The deadline for intervention in this proceeding is February 1, 2008. 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 35106.

TRD-200706529

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: December 20, 2007

Notice of Application for Designation as an Eligible Telecommunications Provider

Notice is given to the public of an application filed with the Public Utility Commission of Texas on December 13, 2007, for designation as an eligible telecommunications provider (ETP) pursuant to P.U.C. Substantive Rule §26.417.

Docket Title and Number: Application of DialToneServices, L.P. for Designation as an Eligible Telecommunications Carrier (ETP Pursuant to P.U.C. Substantive Rule §26.417. Docket Number 35115.

The Application: DialToneServices, L.P. is requesting /ETP designation in order to be eligible to receive federal and state universal service funding to assist it in providing universal service in Texas. Pursuant to 47 U.S.C. §214(e), the commission, either upon its own motion or upon request, shall designate qualifying common carriers as ETCs and ETPs for service areas set forth by the commission. DialToneServices, L.P. seeks ETP designation in the uncertificated Sabine area.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by January 24, 2008. Requests for further information should be mailed to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or you may call the Public Utility Commission's Customer Protection Division at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (800) 735-2989 to reach the commission's toll free number (888) 782-8477. All comments should reference Docket Number 35115.

TRD-200706530

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: December 20, 2007

Notice of a Petition for Declaratory Order

Notice is given to the public of a petition for declaratory order with the Public Utility Commission of Texas on December 18, 2007.

Docket Style and Number: Petition of 42 Individual Local Exchange Carriers for Declaratory Relief Regarding 811 Tariffed Service, Docket Number 35136.

The Application: Forty-two Individual Local Exchange Carriers serving mostly small and rural service areas as Texas Statewide Telephone Cooperative, Inc. (collectively, TSTCI) seek a declaratory ruling regarding provision of 811 service pursuant to tariffs that TSTCI have filed or may file before the commission.

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 35136.

TRD-200706532

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: December 20, 2007

Railroad Commission of Texas

Notice of Adopted Amendments to Certain Oil and Gas Division Forms

The Railroad Commission of Texas gives notice that it has adopted amendments to certain Oil and Gas Division forms as part of the adoption of amendments to 16 TAC §3.50, relating to Enhanced Oil Recovery Projects--Approval and Certification for Tax Incentive, and §3.80, relating to Commission Oil and Gas Forms, Applications, and Filing Requirements, published in this issue of the Texas Register . The adopted amendments to §3.80 are found only in the Table and refer to new Form H-12A (Application for Certification for Additional Tax Rate Reduction for Enhanced Recovery Projects Using Anthropogenic Carbon Dioxide) and changes to Form H-14 (Enhanced Oil Recovery Reduced Tax Annual Report), Form P-5LC (Irrevocable Documentary Blanket Letter of Credit), and Form P-17 (Application for Exception to Statewide Rules (SWR) 26 and/or 27) and its instructions.

Form H-12 A (.pdf)

Form H-14 (.pdf)

Form P-5LC (.pdf)

Form P-17 (.pdf)

Form P-17 Instructions (.pdf)

Issued in Austin, Texas on December 18, 2007.

TRD-200706526

Mary Ross McDonald

Managing Director

Railroad Commission of Texas

Filed: December 20, 2007

Texas Department of Transportation

Notice of Award

In accordance with Government Code, Chapter 2254, Subchapter B, the Texas Department of Transportation (department) publishes this notice of a consultant contract award for providing Maintenance Division Compass Project support services. The request for proposal for Maintenance Division Compass Project (Compass Project) support services was published in the Texas Register on June 29, 2007 (32 TexReg 4106).

The consultant will support the department during the pre-procurement and post-procurement phases and will provide expertise, advice, and recommendations to the project management team. The consultant will advise on vendor evaluation, assist with project plan monitoring, help clarify requirements and work with project focus groups through the business process definition. The consultant will provide assistance to the department and the project management team throughout the life cycle of the Compass Project.

The selected consultant for these services is Dye Management Group, Inc., City Center Bellevue, Suite 1700, 500 108th Avenue NE, Bellevue, WA 98004. The total value of the contract is $2,172,040 and the contract work period started on December 19, 2007, and will continue until March 31, 2011.

TRD-200706537

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: December 20, 2007

Public Notice - Aviation

Pursuant to Transportation Code, §21.111, and Title 43, Texas Administrative Code, §30.209, the Texas Department of Transportation conducts public hearings to receive comments from interested parties concerning proposed approval of various aviation projects.

For information regarding actions and times for aviation public hearings, please go to the following web site:

www.txdot.gov/about_us/public_hearings_and_meetings/aviation.htm

Or visit www.txdot.gov, click on Citizen, click on Public Hearings, and then click on Aviation.

Or contact Texas Department of Transportation, Aviation Division, 150 East Riverside, Austin, Texas 78704, (512) 416-4501 or 1-800-68-PILOT.

TRD-200706536

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: December 20, 2007

University of North Texas System

Notice of Request for Information for Outside Legal Services Related to Immigration Matters

The University of North Texas System (UNT System) requests information from law firms interested in representing one of its component institutions, the University of North Texas (UNT), in certain immigration matters. This Request for Information (RFI) is issued for the purpose of establishing (for the time frame beginning January 31, 2007 to August 31, 2008) a referral list from which UNT, by and through the UNT System Office of General Counsel, will select counsel for representation on specific immigration matters as the need arises, including labor certification for employees petitioning for permanent residency status.

Description. The UNT System is comprised of one health institution and two academic institutions located in three cities in Texas. Legal services will be provided primarily for employees at the University of North Texas, which is located in Denton, Texas. UNT is a major research university that employs faculty and staff from around the world in its College of Arts and Sciences, College of Business Administration, College of Education, College of Engineering, College of Music, College of Public Affairs and Community Service, School of Library and Information Sciences, School of Merchandising and Hospitality Management, College of Visual Arts and Design and in other academic and administrative units. There are circumstances when the hiring of foreign nationals to work at UNT is impacted by U.S. immigration laws. Subject to approval by the Texas Attorney General, the UNT System will engage outside legal counsel to provide legal services and advice to the UNT on immigration law matters pertaining to the hiring and employment of aliens and related immigration law matters. This legal counsel and advice may include, but not be limited to, the following immigration related areas: petitioning for nonimmigrant visas and employer-sponsored permanent residency; representation before the Department of Labor including labor condition applications; labor certifications Program Electronic Review Management (PERM); complying with SEVIS requirements; and providing counsel on the impact of homeland security issues on immigration law. Additionally, this legal counsel will include interaction with and representation before applicable federal agencies, including the Department of Homeland Security and the Department of Labor, and interaction with the UNT System Office of General Counsel and the UNT human resources office. Attorneys in the law firm should be admitted to practice before Texas United States District Courts.

The UNT System invites responses to this RFI from qualified firms for the provision of such legal services under the direction and supervision of UNT System Office of General Counsel.

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 set out above, including the firm's prior experience in handling such immigration issues specific to hiring foreign faculty and staff at a research university and permanent residency, the names and experience of the attorneys who will be assigned to work on such matters, the availability of the lead attorney and others assigned to the project, and appropriate information regarding efforts made by the firm to encourage and develop the participation of minorities and women in the provision of legal services; (2) fee information (either in the form of hourly rates for each attorney and paralegal/legal assistant who may be assigned to perform services in relation to UNT's immigration law matters, comprehensive flat fees, or other fee arrangements directly related to the achievement of specific goals and cost controls) and billable expenses; (3) a comprehensive description of the procedures to be used by the firm to supervise the provision of legal services in a timely and cost-effective manner; (4) 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 UNT or to the State of Texas, or any of its boards, agencies, commissions, universities, or elected or appointed officials); and (5) confirmation of willingness to comply with policies, directives and guidelines of the UNT System, UNT and the Attorney General of the State of Texas. Responses should provide specific information concerning the law firm's willingness to provide legal services for labor certification on a flat-fee basis, including the flat fee it will charge.

Format and Person to Contact. Responses should be sent by mail, facsimile, or electronic mail, marked "Response to Request for Information--Immigration Matters" and addressed to Cheryl Finley, Office of General Counsel, The University of North Texas System, P.O. Box 310907, Denton, Texas 76203; CFinley@pres.admin.unt.edu. If responding by mail, two copies of the response are requested. The response should be typed, preferably double-spaced, on 8 1/2 x 11 inch paper with all pages sequentially numbered, and either stapled or bound together. Questions may be directed to Ms. Finley by telephone at (940) 565-2717.

Deadline for Submission of Response. All responses must be received by the UNT System Office of General Counsel at the address set forth above not later than 5:00 p.m., January 25, 2008.

TRD-200706510

Joey Saxon

Director of Purchasing and Payment Services

University of North Texas System

Filed: December 19, 2007

Texas A&M University System Board of Regents

Award of Request for Proposal

RFP 07-0022 Heat and Power Generation Financial Analysis

Awarded Firm: Burns & McDonnell

9400 Ward Parkway

Kansas City, Missouri 64114

Description of activities: Firm shall conduct a financial analysis in conjunction with an engineering analysis (by others) to compare the viability, cost and risk associated with various options to generate and/or procure electrical power and thermal energy at Texas A&M University in College Station. The project deliverables shall include an audit report to be followed with presentations of the results. The report shall verify the accuracy of the data provided by the engineering firm and the assumptions made.

Not-to-Exceed Cost: $120,100

Contract Period: December 18, 2007 through October 31, 2008

TRD-200706527

Vickie Burt Spillers

Executive Secretary to the Board

Texas A&M University System Board of Regents

Filed: December 20, 2007

Texas Water Development Board

Applications Received

Pursuant to the Texas Water Code, §6.195, the Texas Water Development Board provides notice of the following applications received by the Board:

City of Kermit, 110 South Tornillo Street, Kermit, Texas 79745, received 12/7/2006, application for financial assistance in the amount of $4,595,000 from the Clean Water State Revolving Fund.

City of Greenville, PO Box 1049, Greenville, Texas 75403, received 9/1/2007, application for financial assistance in the amount of $20,000,000 from the Clean Water State Revolving Fund.

Trinity River Authority- Red Oak Creek Regional Wastewater Treatment, 5300 South Collins Street, Arlington, Texas 76018, received 8/15/07, application for financial assistance in the amount of $21,580,000 from the Clean Water State Revolving Fund.

City of Donna, 307 S 12th Street, Donna, Texas 78537, received 7/2/07, application for financial assistance in the amount of $956,000 from the Economically Distressed Areas Program.

Salado Water Supply Corporation, P.O. Box 128, Salado, Texas 76571, received 8/30/07, application for financial assistance in the amount of $2,940,000 from the Rural Water Assistance Fund.

La Joya WSC, PO Box A, La Joya, Texas 78560, received 11/20/07, application for financial assistance in the amount of $2,500,000 from the Rural Water Assistance Fund.

Harris County WCID #36, 903 Hollywood, Houston, Texas 77015, received 9/24/07, an application for financial assistance in the amount of $5,000,000 from the Clean Water State Revolving Fund.

Trinity River Authority- Mountain Creek Regional Wastewater Treatment System, 5300 South Collins Street, Arlington, Texas 76018, received 8/15/07, an application for financial assistance in the amount of $7,435,000 from the Clean Water State Revolving Fund and a loan in the amount of $325,000 from the Texas Water Development Fund.

City of Houston, 901 Bagby, Houston, Texas 77002, received 10/8/01, an application for financial assistance in the amount of $37,905,000 from the Clean Water State Revolving Fund.

Moore Water Supply Corporation, PO Box 126, Moore, Texas 78057, received 9/4/07, application for financial assistance in the amount of $250,000 grant/loan from the Economically Distressed Areas Program.

TRD-200706598

Ingrid K. Hansen

Acting General Counsel

Texas Water Development Board

Filed: December 21, 2007