In Addition

In Addition

Texas State Affordable Housing Corporation

Notice of Draft 2008 Annual Action Plan

The Texas State Affordable Housing Corporation presents for public comment its draft 2008 Annual Action Plan, which is a component of the 2008 State of Texas Low Income Housing Plan and Annual Report. A copy of the draft 2008 Annual Action Plan may be found on the Corporation's website at www.tsahc.org. The public comment period for the Corporation's Draft 2008 Annual Action Plan is December 17, 2007 through February 6, 2008.

Written comment may be sent to Katherine Closmann, Executive Vice President, 1005 Congress Ave, Suite 500, Austin, Texas 78701 or by email to kclosmann@tsahc.org.

TRD-200800110

David Long

President

Texas State Affordable Housing Corporation

Filed: January 9, 2008

Coastal Coordination Council

Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439 - 1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of December 28, 2007, through January 3, 2008. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for this activity extends 30 days from the date published on the Coastal Coordination Council web site. The notice was published on the web site on January 9, 2008. The public comment period for this project will close at 5:00 p.m. on February 8, 2008.

FEDERAL AGENCY ACTIONS:

Applicant: De Ayala Properties, L.L.C.; Location: The project is located east of the intersection of Old School Road and State Highway 35 in southeast Aransas County, Texas. The project site is 72 acres; the center of the project location can be located on the U.S.G.S. quadrangle map entitled Estes, Texas at approximate UTM Coordinates: Easting 686816; Northing 3094115. Project Description: The applicant proposes to create a single-family residential canal subdivision with water access to Redfish Bay and the Gulf Intracoastal Waterway (GIWW). To create this development, the applicant is proposing to impact 14.76 acres of non-tidal wetlands by excavating and/or filling those wetlands to accommodate home lots and streets. Additionally, the applicant proposes to connect the canal development to the GIWW by dredging a total of 1.01 acres of tidal Section 10 waters, of which, 0.25 acres is comprised of seagrass beds. The applicant proposes to excavate and/or place fill in 14.76 acres of non-tidal wetlands to construct 141 waterfront lots and five 130-foot-wide canals of varying lengths. Construction involves 15,370 linear feet of bulkhead and excavation of approximately 420,000 cubic yards of material from uplands, wetlands and navigable waters of the United States during the creation of the primary canal, a water circulation canal, and five secondary canals. The excavated material would be placed between the excavated areas to raise the elevation of future home sites. The aforementioned secondary canals would be fed by an 8-foot-deep, 136-foot-wide main canal at the north end of the property. Each of the five feeder canals would be sloped from 6 feet deep at their south end to the 8-foot depth of the main canal. In order to facilitate water circulation, all secondary canals will be connected via box culverts to a 40-foot-wide canal that runs parallel to the south property line and empties into Redfish Bay. At its east end (last 300 feet), the canal would widen to 75 feet wide to accommodate 12 finger piers where the applicant proposes to have a boat docking area. Additionally, the applicant has proposed to excavate a 3-foot-deep and 15-foot-wide by 2,280-foot-long channel to catch stormwater runoff. This channel would be separated from the 40-foot-wide canal by a road along the southern property boundary. The applicant has described this smaller canal as a water quality feature. It would be planted with native wetland vegetation to slow and partially treat the effluent before it flows into Redfish Bay. The subdivision would have two connections to the GIWW that require dredging, one at the main canal and one at the 40-foot-wide circulation canal. Dredging for these canals would involve extending the 8-foot-deep main canal and the 6-foot-deep circulation canal out to the GIWW. This operation would require excavation in approximately 1.01 acres in Section 10 waters. Within those Section 10 waters, there are approximately 0.25 acres of seagrass that would be permanently removed. To compensate for impacts to 14.76 acres of non-tidal wetlands, the applicant proposes to mitigate on-site by avoiding and enhancing a 0.87-acre non-tidal wetland located within a 1.32-acre area and mitigate off-site by restoring 16.26 acres of wetlands located within a previously disturbed 39.72-acre area located west of Port Bay and north of Cape Valero Road. To compensate for proposed impacts to 0.25 acres of seagrass beds to be dredged, the applicant proposes to mitigate on-site at a 3 to 1 ratio by creating 0.76 acres of seagrass beds, 0.22 acres of tidal wetland shelves, and 0.06 acres of breakwater. The applicant completed a Tidal Fringe Hydrogeomorphic Analysis Model (TF-HGM); the data generated by this model indicates that the proposed mitigation plan will exceed the functional value of the impacted wetlands within the first three years post construction. The U.S. Army Corps of Engineers (Corps) has not verified the accuracy of the model. The applicant has proposed to bring a sanitary sewer line from Rockport to service this development and any others along its length that wish to tie in to it. CCC Project No.: 08-0042-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-860 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality under §401 of the Clean Water Act (33 U.S.C.A. §1344).

Applicant: Tempest Energy Resources; Location: The project is located in Galveston Bay, State Tracts (ST's) 288 and 307, approximately 8.3 miles northeast of Seabrook, in Chambers County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Bacliff, Texas. Approximate UTM Coordinates in NAD 27 (meters) for the well and the beginning of the proposed pipeline is: Zone 15; Easting: 314996; Northing: 3267684. Project Description: The applicant proposes to install, operate and maintain structures and equipment necessary for oil and gas drilling, production and transportation activities. This would include the installation of a typical marine barge rig, a 70- by 70-foot production platform and/or a 70- by 30-foot well protector, a 240- by 100- by 3-foot shell, gravel or crushed rock well pad, and a 8-inch pipeline approximately 4,714 feet in length from the proposed ST Well #1 location to an existing Tempest Energy Resources production platform in Galveston ST 307 (Permit 23906). CCC Project No.: 08-0043-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-1260 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Railroad Commission of Texas under §401 of the Clean Water Act (33 U.S.C.A. §1344).

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

Further information on the applications listed above may be obtained from Ms. Tammy Brooks, Consistency Review Coordinator, Coastal Coordination Council, P.O. Box 12873, Austin, Texas 78711-2873, or tammy.brooks@glo.state.tx.us. Comments should be sent to Ms. Brooks at the above address or by fax at (512) 475-0680.

TRD-200800098

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: January 8, 2008

Comptroller of Public Accounts

Notice of Contract Award

The Texas Treasury Safekeeping Trust Company (Trust Company), by and through the Texas Comptroller of Public Accounts, announces this notice of contract award.

The notice of request for proposals (RFP #178f) was published in the June 15, 2007, issue of the Texas Register (32 TexReg 3724).

The successful respondent will provide outside legal services to the Texas Treasury Safekeeping Trust Company.

The contract was awarded to: Vinson & Elkins, LLP, 2801 Via Fortuna, Suite 100, Austin, Texas 78746. The total contract compensation amount shall not exceed $200,000.00.

The initial term of the contract is September 1, 2007 through August 31, 2008. The Texas Treasury Safekeeping Trust Company shall have the right to renew the contract for three (3) additional one-year terms one year at a time, through August 31, 2011.

TRD-200800017

Pamela Smith

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: January 2, 2008

Notice of Contract Award

The Comptroller of Public Accounts (Comptroller), on behalf of the Texas Prepaid Higher Education Tuition Board (Board), announces the award of a contract under Request for Proposals (RFP #178d), for Master Trust Custodial services for the Texas Tomorrow Fund.

The Comptroller announces that a contract is awarded to The Northern Trust Company of Chicago, 50 South LaSalle Street, Chicago, Illinois 60603. The term of the contract is December 20, 2007 through August 31, 2012. The Board shall have the right, in its sole discretion, to renew the Contract for up to two (2) additional one (1) year periods, one year (1) at a time. The total amount of the Contract is based in part on a percentage of the total assets managed.

The Request for Proposals was issued on Friday, May 25, 2007. The notice of the Request for Proposals was published in the May 25, 2007, issue of the Texas Register (32 TexReg 2895).

TRD-200800087

Pamela Smith

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: January 7, 2008

Notice of Contract Award

Pursuant to Chapters 403 and 2305 and Chapter 2254, Subchapter A, Texas Government Code, the Comptroller of Public Accounts (Comptroller) State Energy Conservation Office (SECO) announces the following contract awards:

The notice of request for proposals was published in the September 14, 2007, issue of the Texas Register (32 TexReg 6431) (RFP #180e).

The contractors will provide energy engineering services for the Schools and Local Government Program.

Three contracts were awarded as follows:

1. Estes, McClure and Associates, Inc., 3608 West Way, Tyler, Texas 75703. The total amount of this contract is not to exceed $210,000.00. The term of the contract is January 3, 2008 through December 31, 2008;

2. Energy Systems Associates, Inc., 100 East Main, Suite 201, Round Rock, Texas 78664. The total amount of this contract is not to exceed $230,000.00. The term of the contract is January 3, 2008 through December 31, 2008; and

3. Texas Energy Engineering Services, Inc., 1301 S. Capital of Texas Hwy., #B325, Austin, Texas 78746. The total amount of this contract is not to exceed $160,000.00. The term of the contract is January 3, 2008 through December 31, 2008.

TRD-200800099

Pamela Smith

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: January 8, 2008

Office of Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.005, and 303.009, Texas Finance Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 01/07/08 - 01/13/08 is 18% for Consumer¹ /Agricultural/Commercial ² /credit through $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 01/07/08 - 01/13/08 is 18% for Commercial over $250,000.

The monthly ceiling as prescribed by §303.005³ for the period of 01/01/08 - 01/31/08 is 18% for Consumer/Agricultural/Commercial/credit through $250,000.

The monthly ceiling as prescribed by §303.005 for the period of 01/01/08 - 01/31/08 is 18% for Commercial over $250,000.

¹ Credit for personal, family or household use.

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

³ For variable rate commercial transactions only.

TRD-200800020

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: January 3, 2008

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 01/14/08 - 01/20/08 is 18% for Consumer¹ /Agricultural/Commercial ² /credit through $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 01/14/08 - 01/20/08 is 18% for Commercial over $250,000.

¹ Credit for personal, family or household use.

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

TRD-200800095

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: January 8, 2008

Texas Commission on Environmental Quality

Enforcement Orders

An agreed order was entered regarding City of Follett, Docket No. 2003-1241-MWD-E on December 20, 2007 assessing $10,560 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Robert Mosley, Staff Attorney at (512) 239-0627, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Robert C. Nichols, Docket No. 2003-0287-MSW-E on December 20, 2007 assessing $6,650 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Shawn Slack, Staff Attorney at (512) 239-0063, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Elsa, Docket No. 2004-0026-MWD-E on December 20, 2007 assessing $16,385 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.

A default order was entered regarding Tuftsun, Inc., Docket No. 2003-0922-PST-E on December 20, 2007 assessing $4,200 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting James Sallans, Staff Attorney at (512) 239-2053, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Datari Corporation dba One Stop Mobil, Docket No. 2003-0389-PST-E on December 20, 2007 assessing $3,150 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Becky Combs, Staff Attorney at (512) 239-6939, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Marlin Gruber, Docket No. 2004-0679-PST-E on December 20, 2007 assessing $4,500 in administrative penalties.

A default order was entered regarding Marrice Hampton, Docket No. 2004-1052-MLM-E on December 20, 2007 assessing $17,500 in administrative penalties.

A default order was entered regarding New York Brothers Investments, Inc. dba BKS Beverage, Docket No. 2004-1407-PST-E on December 20, 2007 assessing $3,150 in administrative penalties.

A default order was entered regarding Ali Samnani dba City Star Texaco, Docket No. 2004-1634-PST-E on December 20, 2007 assessing $3,330 in administrative penalties.

An agreed order was entered regarding Positive Impact Waste Solutions, LLC, Docket No. 2005-0329-MSW-E on December 20, 2007 assessing $14,100 in administrative penalties.

A default order was entered regarding First Gatesville Venture, Inc. dba Amigos 3, Docket No. 2005-1246-PST-E on December 20, 2007 assessing $3,150 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 Brad Allen dba A+ Angus Ranch, Docket No. 2005-1357-AGR-E on December 20, 2007 assessing $1,050 in administrative penalties.

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

An agreed order was entered regarding SBBQS, Inc., Docket No. 2005-1615-AIR-E on December 20, 2007 assessing $1,050 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 Chevron Phillips Chemical Company LP, Docket No. 2006-0675-AIR-E on December 20, 2007 assessing $3,700 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 John W. Rice dba JR Used Auto Parts, Docket No. 2006-0686-WQ-E on December 20, 2007 assessing $1,050 in administrative penalties.

A default order was entered regarding James R. Coleman dba Coleman Cleaners, Docket No. 2006-1446-DCL-E on December 20, 2007 assessing $1,185 in administrative penalties.

A default order was entered regarding Glenn Klein dba Sunburst Lawn & Landscaping, Docket No. 2006-1695-LII-E on December 20, 2007 assessing $625 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.

A default order was entered regarding Alex L. Cruz, Docket No. 2006-1726-LII-E on December 20, 2007 assessing $625 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.

An agreed order was entered regarding Jackie Brister dba Barefoot Fishing Camp, Docket No. 2007-0030-PWS-E on December 20, 2007 assessing $1,150 in administrative penalties with $230 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 Harris County Municipal Utility District No. 358, Docket No. 2007-0061-MWD-E on December 20, 2007 assessing $2,900 in administrative penalties with $580 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 City of Megargel, Docket No. 2007-0130-PWS-E on December 20, 2007 assessing $2,473 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Clinton Sims, Enforcement Coordinator at (512) 239-6933, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Sabinal, Docket No. 2007-0139-MWD-E on December 20, 2007 assessing $11,250 in administrative penalties with $2,250 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 The Premcor Refining Group Inc., Docket No. 2007-0149-AIR-E on December 20, 2007 assessing $64,625 in administrative penalties.

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 Mobil Chemical Company Inc., Docket No. 2007-0259-AIR-E on December 20, 2007 assessing $40,700 in administrative penalties.

An agreed order was entered regarding City of Midway, Docket No. 2007-0318-MWD-E on December 20, 2007 assessing $13,512 in administrative penalties with $2,702 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 Chevron Phillips Chemical Company LP, Docket No. 2007-0322-AIR-E on December 20, 2007 assessing $60,283 in administrative penalties.

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 City of El Paso, Docket No. 2007-0326-MSW-E on December 20, 2007 assessing $23,100 in administrative penalties with $4,620 deferred.

Information concerning any aspect of this order may be obtained by contacting Colin Barth, Enforcement Coordinator at (512) 239-0068, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Reno, Docket No. 2007-0374-MWD-E on December 20, 2007 assessing $4,540 in administrative penalties with $908 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 Harris County Municipal Utility District No. 286, Docket No. 2007-0568-MWD-E on December 20, 2007 assessing $2,000 in administrative penalties with $400 deferred.

An agreed order was entered regarding F. D. Gavranovic, Docket No. 2007-0617-PST-E on December 20, 2007 assessing $8,500 in administrative penalties with $1,700 deferred.

Information concerning any aspect of this order may be obtained by contacting Shontay Wilcher, Enforcement Coordinator at (512) 239-2136, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Shell Pipeline Company LP, Docket No. 2007-0620-AIR-E on December 20, 2007 assessing $7,735 in administrative penalties with $1,547 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 Olney Construction Company, Inc., Docket No. 2007-0650-WQ-E on December 20, 2007 assessing $800 in administrative penalties with $160 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 Texas Westmoreland Coal Co., Docket No. 2007-0660-IWD-E on December 20, 2007 assessing $10,625 in administrative penalties with $2,125 deferred.

Information concerning any aspect of this order may be obtained by contacting Jorge Ibarra, Enforcement Coordinator at (817) 588-5890, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Hull Fresh Water Supply District, Docket No. 2007-0664-MWD-E on December 20, 2007 assessing $22,425 in administrative penalties with $4,485 deferred.

Information concerning any aspect of this order may be obtained by contacting Craig Fleming, Enforcement Coordinator at (512) 239-5806, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Sparta Oaks Water Corporation, Docket No. 2007-0669-PWS-E on December 20, 2007 assessing $787 in administrative penalties with $157 deferred.

Information concerning any aspect of this order may be obtained by contacting Thomas Barnett, Enforcement Coordinator at (512) 239-6686, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Exxon Mobil Corporation, Docket No. 2007-0672-AIR-E on December 20, 2007 assessing $70,400 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting John Muennink, Enforcement Coordinator at (361) 825-3423, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Shin-Etsu Silicones of America, Inc., Docket No. 2007-0675-IWD-E on December 20, 2007 assessing $10,650 in administrative penalties with $2,130 deferred.

Information concerning any aspect of this order may be obtained by contacting Harvey Wilson, Enforcement Coordinator at (512) 239-0321, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Corinth, Docket No. 2007-0684-WQ-E on December 20, 2007 assessing $3,850 in administrative penalties.

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 Eastman Chemical Company, Docket No. 2007-0699-AIR-E on December 20, 2007 assessing $31,964 in administrative penalties with $6,392 deferred.

An agreed order was entered regarding Red River Redevelopment Authority, Docket No. 2007-0711-PWS-E on December 20, 2007 assessing $2,600 in administrative penalties.

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 Texas Department of Criminal Justice, Docket No. 2007-0716-MWD-E on December 20, 2007 assessing $3,660 in administrative penalties with $732 deferred.

An agreed order was entered regarding Aqua Development, Inc., Docket No. 2007-0726-MWD-E on December 20, 2007 assessing $2,910 in administrative penalties with $582 deferred.

An agreed order was entered regarding ExxonMobil Oil Corporation, Docket No. 2007-0729-IWD-E on December 20, 2007 assessing $2,880 in administrative penalties with $576 deferred.

An agreed order was entered regarding Julie Ann Thames dba Primrose Mobile Home Park, Docket No. 2007-0731-WQ-E on December 20, 2007 assessing $6,500 in administrative penalties with $1,300 deferred.

Information concerning any aspect of this order may be obtained by contacting Tom Jecha, Enforcement Coordinator at (512) 239-2576, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Lucite International, Inc., Docket No. 2007-0750-AIR-E on December 20, 2007 assessing $3,050 in administrative penalties with $610 deferred.

An agreed order was entered regarding John Nguyen and Thanh Mai Chau dba Handi Plus 47, Docket No. 2007-0751-PWS-E on December 20, 2007 assessing $994 in administrative penalties with $198 deferred.

Information concerning any aspect of this order may be obtained by contacting Elvia Maske, Enforcement Coordinator at (512) 239-0789, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding KM Liquids Terminals, L.P., Docket No. 2007-0754-AIR-E on December 20, 2007 assessing $10,000 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 El Dorado Utility District, Docket No. 2007-0758-MWD-E on December 20, 2007 assessing $1,200 in administrative penalties with $240 deferred.

An agreed order was entered regarding Post Oak Development of Texas, Inc., Docket No. 2007-0762-PWS-E on December 20, 2007 assessing $744 in administrative penalties with $148 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 City of Edcouch, Docket No. 2007-0764-MSW-E on December 20, 2007 assessing $750 in administrative penalties with $150 deferred.

An agreed order was entered regarding City of Kingsville, Docket No. 2007-0765-WQ-E on December 20, 2007 assessing $3,440 in administrative penalties with $688 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 Southwestern Public Service Company, Docket No. 2007-0769-IWD-E on December 20, 2007 assessing $4,320 in administrative penalties with $864 deferred.

An agreed order was entered regarding Priten Y. Patel dba Easy Stop, Docket No. 2007-0776-PST-E on December 20, 2007 assessing $900 in administrative penalties with $180 deferred.

Information concerning any aspect of this order may be obtained by contacting Judy Kluge, Enforcement Coordinator at (817) 588-5825, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Stone Mill Homes, Inc., Docket No. 2007-0783-WQ-E on December 20, 2007 assessing $3,000 in administrative penalties with $600 deferred.

An agreed order was entered regarding Texas Department of Criminal Justice, Docket No. 2007-0786-MWD-E on December 20, 2007 assessing $14,365 in administrative penalties with $2,873 deferred.

An agreed order was entered regarding Trigeant, Ltd., Docket No. 2007-0806-IWD-E on December 20, 2007 assessing $2,220 in administrative penalties with $444 deferred.

An agreed order was entered regarding Trinity Bay Conservation District, Docket No. 2007-0822-MWD-E on December 20, 2007 assessing $18,400 in administrative penalties with $3,680 deferred.

An agreed order was entered regarding Town & Country Food Stores, Inc. dba Town & Country 271, Docket No. 2007-0887-PST-E on December 20, 2007 assessing $8,550 in administrative penalties with $1,710 deferred.

An agreed order was entered regarding Kwik-Kopy Corporation, Docket No. 2007-0890-MWD-E on December 20, 2007 assessing $1,270 in administrative penalties with $254 deferred.

An agreed order was entered regarding Galveston County Water Control and Improvement District 19, Docket No. 2007-0896-PWS-E on December 20, 2007 assessing $770 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Richard 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 Parkside at Mayfield Ranch, Ltd., Docket No. 2007-0897-EAQ-E on December 20, 2007 assessing $3,000 in administrative penalties with $600 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 F.A. Nunnelly Company, Docket No. 2007-0912-MLM-E on December 20, 2007 assessing $1,500 in administrative penalties with $300 deferred.

An agreed order was entered regarding K.A.T. Excavation & Construction Inc., Docket No. 2007-0925-AIR-E on December 20, 2007 assessing $2,175 in administrative penalties with $435 deferred.

An agreed order was entered regarding Gray Utility Service L.L.C., Docket No. 2007-0945-PWS-E on December 20, 2007 assessing $745 in administrative penalties.

An agreed order was entered regarding City of Temple, Docket No. 2007-0971-WQ-E on December 20, 2007 assessing $6,300 in administrative penalties with $1,260 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 Pringka Corporation dba Speedys Food Store, Docket No. 2007-0986-PST-E on December 20, 2007 assessing $2,550 in administrative penalties with $510 deferred.

An agreed order was entered regarding Frontera Truck Parts & Equipment, Inc., Docket No. 2007-0989-WQ-E on December 20, 2007 assessing $1,500 in administrative penalties with $300 deferred.

An agreed order was entered regarding Tesco Industries, L.P., Docket No. 2007-1003-AIR-E on December 20, 2007 assessing $4,000 in administrative penalties with $800 deferred.

Information concerning any aspect of this order may be obtained by contacting Rebecca Johnson, Enforcement Coordinator at (713) 422-8931, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Mestena Uranium, L.L.C., Docket No. 2007-1010-UIC-E on December 20, 2007 assessing $2,000 in administrative penalties with $400 deferred.

Information concerning any aspect of this order may be obtained by contacting Cynthia McKaughan, Enforcement Coordinator at (512) 239-0735, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Iola Independent School District, Docket No. 2007-1074-PWS-E on December 20, 2007 assessing $925 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Epifanio Villareal, Enforcement Coordinator at (210) 403-4033, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Texas Petrochemicals LP, Docket No. 2007-1220-AIR-E on December 20, 2007 assessing $10,000 in administrative penalties with $2,000 deferred.

A field citation was entered regarding St. Mary's University, Docket No. 2007-1236-PST-E on December 20, 2007 assessing $875 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 James E. Lyles, Docket No. 2007-1397-WOC-E on December 20, 2007 assessing $210 in administrative penalties.

A field citation was entered regarding Ronald Ray Cooper, Docket No. 2007-1363-WOC-E on December 20, 2007 assessing $210 in administrative penalties.

An agreed order was entered regarding Conrad G. Walton dba Holiday Oaks Subdivision, Docket No. 2007-0763-PWS-E on December 20, 2007 assessing $4,125 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Epifanio Villarreal, Enforcement Coordinator at (210) 403-4033, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Gilbert Carrillo, Docket No. 2005-0419-MLM-E on January 4, 2008 assessing $24,300 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-200800113

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: January 9, 2008

Notice of Water Quality Applications

The following notices were issued during the period of December 6, 2007 through December 27, 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

CITY OF BRACKETTVILLE AND FORT CLARK MUNICIPAL UTILITY DISTRICT has applied for a renewal of Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ10194-002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 500,000 gallons per day. The current permit also authorizes the disposal of treated domestic wastewater via irrigation of 60 acres. The facility is located approximately 2.3 miles south of the intersection of U.S. Highway 90 and State Highway 131 and 0.75 mile west of State Highway 131 in Kinney County, Texas.

GRAYFORD REX AUTEN has applied for a new permit, Proposed Permit No. WQ0014822001, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 900 gallons per day via non-public access low pressure dosing drainfields with a minimum area of 0.21 acres. The wastewater treatment facility and disposal site are located 1,300 feet southwest of the intersection of State Highway 22 and Farm-to-Market Road 2960 in Hill County, Texas. The wastewater treatment facility and disposal site are located in the drainage basin of Iron Creek in Segment No. 1257 of the Brazos River Basin.

H&K JOLLY LLC has applied for a renewal of Permit No. WQ0014417001, which authorizes the disposal of treated domestic wastewater effluent at a daily average flow not to exceed 17,400 gallons per day via surface irrigation of 5 acres of nonpublic access land. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located on the northwest corner of the intersection of Farm-to-Market Road 2393 and U.S. Highway 287 in Clay County, Texas.

THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ) has initiated a minor amendment of the TPDES permit No. WQ0013564001 issued to HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO 304, to authorize an update of the expiration date of the permit issued October 15, 2007 from December 1, 2007 to December 1, 2011 and to update the discharge route on page 1 of the existing permit to match the discharge route in the water quality standards team memorandum dated June 8, 2007. The existing permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 650,000 gallons per day. The facility is located 2.0 miles southeast of the intersection of Stuebner-Airline Road and Farm-to-Market Road 1960 in Harris County, Texas.

HEISER HOLLOW WATER RECLAMATION LLC AND HEISER HOLLOW PARTNERS LLC has applied to the TCEQ for a new permit, Proposed Permit No. WQ0014806001, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 200,000 gallons per day via a public access subsurface drip irrigation system with a minimum area of 46 acres. This permit will not authorize a discharge of pollutants into waters in the State. TCEQ received this application on May 14, 2007. The Heiser Hollow Wastewater Treatment Facility and disposal site will be located 0.9 miles east-northeast of the intersection of Farm-to-Market Roads 306 and 2673 in Comal County, Texas.

MCLENNAN COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO 2 has applied for a major amendment of TPDES Permit No. WQ0010344001, to add a flow equalization basin to the headworks of the existing wastewater treatment facility. The existing permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 200,000 gallons per day. The facility is located approximately 1,500 feet southeast of Farm-to-Market Road 308 and approximately 4,000 feet east-northeast of the intersection of Interstate Highway 35 and Farm-to-Market Road 308 in McLennan County, Texas.

MEADOWWHILL REGIONAL MUNICIPAL UTILITY DISTRICT has applied for a renewal of TPDES Permit No. WQ0011215001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,400,000 gallons per day. The facility is located at 23102 Roseville Drive, approximately two miles west of the intersection of Interstate Highway 45 and Farm-to-Market Road 2920 in Harris County, Texas.

NORTH TEXAS MUNICIPAL WATER DISTRICT has applied to the TCEQ for a renewal of TPDES Permit No. WQ0012047001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,250,000 gallons per day. The facility is located at 4920 Horizon Road, on the west side of Buffalo Creek and on the south side of Farm-to-Market Road 3097 approximately 1.5 miles northwest of the intersection of Farm-to-Market Roads 3097 and 549 in the City of Rockwall in Rockwall County, Texas.

PRESTONWOOD FOREST UTILITY DISTRICT has applied for a renewal of TPDES Permit No. WQ0011089001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 950,000 gallons per day in the final phase. The facility is located at 14210 Prestonwood Forest Drive, approximately 3,100 feet east of the intersection of Cypress Creek and State Highway 249, 9 miles southeast of the City of Tomball in Harris County, Texas.

WAY AUTUMNWOOD LTD has applied for a new permit, proposed TPDES Permit No. WQ0014853001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 200,000 gallons per day. The facility will be located approximately 2.3 miles southwest of the intersection of Hardin Store Road and Farm-to-Market Road 2978, on the north side of Hardin Store Road, east of Mill Creek in Montgomery 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-200800111

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: January 9, 2008

Notice of Water Rights Application

Notice issued January 3, 2008.

APPLICATION NO. 12185; The Quanah Country Club, Applicant, P.O. Box 86, Quanah, Texas 79252-0086, has applied for a Water Use Permit to maintain two existing dams and reservoirs, known as North Lake and South Lake, both on an unnamed tributary of Groesbeck Creek for in-place recreational purposes; construct and maintain a tank pond, known as Holding Pond 1, on an unnamed tributary of Spring Creek and use the bed and banks of the pond for storage and subsequent diversion; and construct and maintain a pit pond, known as Holding Pond 2, on an unnamed tributary of Groesbeck Creek for in-place recreational and livestock purposes and use the bed and banks of the pond for storage and subsequent diversion of treated effluent for agricultural (irrigation) purposes, in the Red River Basin, Hardeman County. More information on the application and how to participate in the permitting process is given below. The application was received on April 11, 2007. Additional information and fees were received on June 25, 2007 and August 20, 2007. The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on August 31, 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

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

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

The Executive Director can consider approval of an application unless a written request for a contested case hearing is filed. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) applicant's name and permit number; (3) the statement "I/we request a contested case hearing;" and (4) a brief and specific description of how you would be affected by the application in a way not common to the general public. You may also submit any proposed conditions to the requested application which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the TCEQ Office of the Chief Clerk at the address provided 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, Texas 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-200800112

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: January 9, 2008

Texas Health and Human Services Commission

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission will conduct a public hearing on February 4, 2008, at 1:30 p.m. to receive public comment on the proposed Medicaid payment rates for the radiological services procedure codes listed below. The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Blvd, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code §32.0282 and Texas Administrative Code (TAC) Title 1, §355.201(e) - (f), which require public notice and hearings on proposed Medicaid reimbursements. Persons requiring Americans with Disability Act (ADA) accommodation or auxiliary aids or services should contact Kimbra Rawlings by calling (512) 491-1174, at least 72 hours prior to the hearing so appropriate arrangements can be made.

Proposal. The proposed payment rates will be effective March 1, 2008. The proposed rates are as follows:

Proposed Medicaid Payment Rates

Methodology and Justification. The proposed payment rates are calculated in accordance with 1 TAC §355.8081 and 1 TAC §355.8085, which address the reimbursement methodology for portable X-ray providers and physicians and certain other practitioners.

Briefing Package. A briefing package describing the proposed payment rates will be available on or after January 21, 2008. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Kimbra Rawlings by telephone at (512) 491-1174; by fax at (512) 491-1998; or by e-mail at Kimbra.Rawlings@hhsc.state.tx.us. The briefing package also will be available at the public hearing.

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

Persons requiring Americans with Disabilities Act (ADA) accommodation or auxiliary aids or services should contact Kimbra Rawlings by calling (512) 491-1174, at least 72 hours prior to the hearing so appropriate arrangements can be made.

TRD-200800090

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: January 8, 2008

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission will conduct a public hearing on February 4, 2008, at 10:00 a.m. to receive public comment on the proposed Medicaid payment rates for procedure codes relating to two physician-administered drugs, Eculizumab and Nelarabine. The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Blvd, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code §32.0282 and Texas Administrative Code (TAC) Title 1, §355.201(e) - (f), which require public notice and hearings on proposed Medicaid reimbursements. Persons requiring Americans with Disability Act (ADA) accommodation or auxiliary aids or services should contact Kimbra Rawlings by calling (512) 491-1174, at least 72 hours prior to the hearing so appropriate arrangements can be made.

Proposal. The proposed payment rate for Eculizumab procedure code C9236, will be retroactively effective October 1, 2007. Claims filed from October 1, 2007, through December 31, 2007, will be reprocessed. The procedure code for Eculizamab will change to J1300 effective January 1, 2008. Claims filed on or after January 1, 2008, will be reprocessed. Both codes will be implemented April 1, 2008.

The proposed payment rate for Nelarabine, procedure code J9261, will be effective February 1, 2008, and implemented February 8, 2008.

Methodology and Justification. The proposed payment rate for the physician-administered drugs were calculated in accordance with 1 TAC §355.8085, which addresses the reimbursement methodology for physicians and certain other practitioners; and the specific fee guidelines published in Section 2 of the 2008 Texas Medicaid Provider Procedures Manual.

Briefing Package. A briefing package describing the proposed payment rates will be available on or after January 18, 2008. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Kimbra Rawlings by telephone at (512) 491-1174; by fax at (512) 491-1998; or by e-mail at Kimbra.Rawlings@hhsc.state.tx.us. The briefing package also will be available at the public hearing.

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

Proposed Medicaid Payment Rates

TRD-200800100

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: January 8, 2008

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission will conduct a public hearing on February 4, 2008, at 3:00 p.m. to receive public comment on the proposed Medicaid payment rates for 12 specific Department of Aging and Disability Services (DADS) nursing facility rehabilitative and specialized services occupational, physical, and speech therapy procedure codes listed below. The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Blvd, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code, §32.0282, and Texas Administrative Code (TAC), Title 1, §355.201(e) - (f), which require public notice and hearings on proposed Medicaid reimbursements.

Proposal. The proposed payment rates will be effective March 1, 2008. The proposed rates are as follows:

Proposed Medicaid Payment Rates

Methodology and justification. The proposed payment rates for nursing facility rehabilitative and specialized services allow for one specific statewide rate per occupational, physical, and speech therapy evaluation/service and are calculated in accordance with the new reimbursement rule effective February 1, 2008 located at 1 TAC §355.313, Reimbursement Methodology for Rehabilitative and Specialized Services.

TRD-200800103

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: January 8, 2008

Department of State Health Services

Licensing Actions for Radioactive Materials

TRD-200800030

Lisa Hernandez

General Counsel

Department of State Health Services

Filed: January 3, 2008

Notice of Agreed Orders

The Department of State Health Services (department) has issued the following agreed orders:

-Larry D. Barbles, DDS (Registration Number R11986) of Clute. The department shall withdraw the full administrative penalty amount of $8,000 for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

-NDE Solutions, Inc. (License Number L05879) of College Station. A total penalty of $1,500 shall be paid by registrant for violation of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

-Paincare Acquisition Company XIII (Registration Number R29643) of Palenstine. A total penalty of $1,000 shall be paid by registrant for violation of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

-Broadway Clinic, Inc. (Registration Number R25644) of Houston. A total penalty of $2,000 shall be paid by registrant for violation of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

-Hirschfeld Steel Company (License Number L04361) of San Angelo. A total penalty of $3,500 shall be paid by registration for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

-Thomas M. Reed, DPM, PA (Registration Number R13340) of Conroe. A total penalty of $1,000 shall be paid by registrant for violation of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

-Brazos Valley Inspection Services, Inc. (License Number L02859) of Bryan. A total penalty of $500 shall be paid by registrant for violation of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

-Non-Destructive Inspection Corporation (License Number L02712) of Lake Jackson. A total penalty of $2,000 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

-McAllen Arthritis & Osteoporosis Center (Registration Number R24879) of Edinburg. A total penalty of $1,000 shall be paid by registrant for violation of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

-Texas Health Care, LLC Pain Management (Registration Number R29100) of Fort Worth. A total penalty of $750 shall be paid by registration for violation of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

-The Heart Institute of East Texas, P.A. (License Number L04147) of Lufkin. A total penalty of $4,000 shall be paid by registrant for violation of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

-Bruce A. Scudday, DPM (Registration Number R21733) of El Paso. A total penalty of $750 shall be paid by registrant for violation of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

-Goolsby Testing Labs (License Number L03115) of Humble. The department shall probate the full administrative penalty of $5,000 for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

-Silver Chiropractic Center (Registration Number R20568) of Richardson. A total penalty of $1,000 shall be paid by registrant for violation of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

-Donald Francis, DDS, PC (Registration Number R23552) of Hurst. A total penalty of $750 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

-Texas Dental Technology School (Registration Number R18908) of Houston. A total penalty of $500 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

-Matrix Metals, LLC (License Number L00312) of Richmond. A total penalty of $1,000 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

-Obstetrical & Gynecological Associates (Registration Number M00435) of Corpus Christi. A total penalty of $6,500 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

-Austin Eye Clinic Association (License Number L01642) of Austin. A total penalty of $3,750 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

-Silver Creek Dental (Registration Number R25689) of Pearland. A total penalty of $6,750 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

-Americare Health Center (Registration Number R25220) of Houston. A total penalty of $1,000 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

-King Tool Company (License Number L05142) of Longview. A total penalty of $500 shall be paid by registration for violation of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

-Nannis Family Chiropractic Family Health Center (Registration Number R23440) of Richardson. A total penalty of $1,000 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

A copy of all relevant material is available, by appointment, for public inspection at the Department of State Health Services, Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688, press "1" then press "0", Monday - Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200800094

Lisa Hernandez

General Counsel

Department of State Health Services

Filed: January 8, 2008

Schedules of Controlled Substances

PURSUANT TO THE TEXAS CONTROLLED SUBSTANCES ACT, HEALTH AND SAFETY CODE, CHAPTER 481, THESE SCHEDULES SUPERCEDE PREVIOUS SCHEDULES AND CONTAIN THE MOST CURRENT VERSION OF THE SCHEDULES OF ALL CONTROLLED SUBSTANCES FROM THE PREVIOUS SCHEDULES AND MODIFICATIONS.

This annual publication of the Texas Schedules of Controlled Substances was signed by David L. Lakey, Commissioner of Health, and will take effect 21 days following publication of this notice in the Texas Register.

Changes to the schedules are designated by an asterisk (*). Additional information can be obtained by contacting the Department of State Health Services, Drugs and Medical Devices Group, 1100 West 49th Street, Austin, Texas 78756. The telephone number is (512) 834-6755 and the website address is http://www.dshs.state.tx.us/dmd.

SCHEDULES

Nomenclature: Controlled substances listed in these schedules are included by whatever official, common, usual, chemical, or trade name they may be designated.

SCHEDULE I

Schedule I consists of:

Schedule I opiates

The following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, if the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:

(1) Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide);

(2) Allylprodine;

(3) Alphacetylmethadol (except levo-alphacetylmethadol, also known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM);

(4) Alpha-methylfentanyl or any other derivative of Fentanyl;

(5) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl) ethyl-4-piperidinyl]-N-phenyl-propanamide);

(6) Benzethidine;

(7) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenyl-propanamide);

(8) Beta-hydroxy-3-methylfentanyl (N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide);

(9) Betaprodine;

(10) Clonitazene;

(11) Diampromide;

(12) Diethylthiambutene;

(13) Difenoxin;

(14) Dimenoxadol;

(15) Dimethylthiambutene;

(16) Dioxaphetyl butyrate;

(17) Dipipanone;

(18) Ethylmethylthiambutene;

(19) Etonitazene;

(20) Etoxeridine;

(21) Furethidine;

(22) Hydroxypethidine;

(23) Ketobemidone;

(24) Levophenacylmorphan;

(25) Meprodine;

(26) Methadol;

(27) 3-methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylpropanamide), its optical and geometric isomers;

(28) 3-methylthiofentanyl (N-[3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);

(29) Moramide;

(30) Morpheridine;

(31) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);

(32) Noracymethadol;

(33) Norlevorphanol;

(34) Normethadone;

(35) Norpipanone;

(36) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl]-propanamide);

(37) PEPAP (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine);

(38) Phenadoxone;

(39) Phenampromide;

(40) Phencyclidine;

(41) Phenomorphan;

(42) Phenoperidine;

(43) Piritramide;

(44) Proheptazine;

(45) Properidine;

(46) Propiram;

(47) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide);

(48) Tilidine; and

(49) Trimeperidine.

Schedule I opium derivatives

The following opium derivatives, their salts, isomers, and salts of isomers, unless specifically excepted, if the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Acetorphine;

(2) Acetyldihydrocodeine;

(3) Benzylmorphine;

(4) Codeine methylbromide;

(5) Codeine-N-Oxide;

(6) Cyprenorphine;

(7) Desomorphine;

(8) Dihydromorphine;

(9) Drotebanol;

(10) Etorphine (except hydrochloride salt);

(11) Heroin;

(12) Hydromorphinol;

(13) Methyldesorphine;

(14) Methyldihydromorphine;

(15) Monoacetylmorphine;

(16) Morphine methylbromide;

(17) Morphine methylsulfonate;

(18) Morphine-N-Oxide;

(19) Myrophine;

(20) Nicocodeine;

(21) Nicomorphine;

(22) Normorphine;

(23) Pholcodine; and

(24) Thebacon.

Schedule I hallucinogenic substances

Unless specifically excepted or unless listed in another schedule, a material, compound, mixture, or preparation that contains any quantity of the following hallucinogenic substances or that contains any of the substance's salts, isomers, and salts of isomers if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation (for the purposes of this Schedule I hallucinogenic substances section only, the term "isomer" includes optical, position, and geometric isomers):

(1) Alpha-ethyltryptamine (some trade or other names: etryptamine; Monase; alpha ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole; alpha-ET; AET);

(2) alpha-methyltryptamine (AMT), its isomers, salts, and salts of isomers;

(3) 4-bromo-2,5-dimethoxyamphetamine (some trade or other names: 4-bromo-2,5-dimethoxy-alpha-methylphenethylamine; 4-bromo-2,5-DMA);

(4) 4-bromo-2,5-dimethoxyphenethylamine (some trade or other names: Nexus; 2C-B; 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha-desmethyl DOB);

(5) 2,5-dimethoxyamphetamine (some trade or other names: 2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA);

(6) 2,5-dimethoxy-4-ethylamphetamine (some trade or other names: DOET);

(7) 2,5-dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7), its optical isomers, salts and salts of isomers;

(8) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DIPT), its isomers, salts, and salts of isomers;

(9) 5-methoxy-3,4-methylenedioxy-amphetamine;

(10) 4-methoxyamphetamine (some trade or other names: 4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine; PMA);

(11) 1-methyl-4-phenyl-1,2,5,6-tetrahydro-pyridine (MPTP);

(12) 4-methyl-2,5-dimethoxyamphetamine (some trade and other names: 4-methyl-2,5-dimethoxy-alpha-methyl-phenethylamine; "DOM"; and "STP");

(13) 3,4-methylenedioxy-amphetamine;

(14) 3,4-methylenedioxy-methamphetamine (MDMA, MDM);

(15) 3,4-methylenedioxy-N-ethylamphetamine (some trade or other names: N-ethyl-alpha-methyl-3,4(methylenedioxy) phenethylamine; N-ethyl MDA; MDE; MDEA);

(16) 3,4,5-trimethoxy amphetamine;

(17) N-hydroxy-3,4-methylenedioxyamphetamine (Also known as N-hydroxy MDA);

(18) Bufotenine (some trade and other names: 3-(beta-Dimethylaminoethyl)-5-hydroxyindole; 3-(2-dimethylaminoethyl)-5-indolol; N,N-dimethylserotonin; 5-hydroxy-N,N-dimethyltryptamine; mappine);

(19) Diethyltryptamine (some trade and other names: N,N-Diethyltryptamine; DET);

(20) Dimethyltryptamine (some trade and other names: DMT);

(21) Ethylamine Analog of Phencyclidine (some trade or other names: N-ethyl-1-phenylcyclohexylamine; (1-phenylcyclohexyl) ethylamine; N-(1-phenylcyclohexyl)-ethylamine; cyclohexamine; PCE);

(22) Ibogaine (some trade or other names: 7-Ethyl-6,6-beta, 7,8,9,10,12,13-octhydro-2-methoxy-6,9-methano-5H-pyrido[1',2':1,2] azepino [5,4-b] indole; taber-nanthe iboga);

(23) Lysergic acid diethylamide;

(24) Marihuana;

(25) Mescaline;

(26) N-benzylpiperazine (some other names: BZP; 1-benzylpiperazine), its optical isomers, salts and salts of isomers;

(27) N-ethyl-3-piperidyl benzilate;

(28) N-methyl-3-piperidyl benzilate;

(29) Parahexyl (some trade or other names: 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo [b,d] pyran; Synhexyl);

(30) Peyote, unless unharvested and growing in its natural state, meaning all parts of the plant classified botanically as Lophophora , whether growing or not, the seeds of the plant, an extract from a part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or extracts;

(31) Psilocybin;

(32) Psilocin;

(33) Pyrrolidine analog of phencyclidine (some trade or other names: 1-(1-phenyl-cyclohexyl)-pyrrolidine, PCPy, PHP);

(34) Tetrahydrocannabinols;

meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the cannabis plant, or in the resinous extractives of such plant, and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant, such as the following:

1 cis or trans tetrahydrocannabinol, and their optical isomers;

6 cis or trans tetrahydrocannabinol, and their optical isomers; and

3,4 cis or trans tetrahydrocannabinol, and its optical isomers.

(Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered.);

(35) Thiophene analog of phencyclidine (some trade or other names: 1-[1-(2-thienyl) cyclohexyl] piperidine; 2-thienyl analog of phencyclidine; TPCP); and

(36) 1-[1-(2-thienyl)cyclohexyl] pyrrolidine (some trade or other names: TCPy).

Schedule I stimulants

Unless specifically excepted or unless listed in another schedule, a material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including the substance's salts, isomers, and salts of isomers if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Aminorex (some other names: aminoxaphen; 2-amino-5-phenyl-2-oxazoline; 4,5-dihydro-5-phenyl-2-oxazolamine);

(2) Cathinone (some trade or other names: 2-amino-1-phenyl-1-propanone; alpha-aminopropiophenone; 2-aminopropiophenone and norephedrone);

(3) Fenethylline;

(4) Methcathinone (some other names: 2-(methylamino)-propiophenone; alpha-(methylamino) propiophenone; 2-(methylamino)-1-phenylpropan-1-one; alpha-N-methylaminopropiophenone; monomethylpropion; ephedrone; N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR1432);

(5) 4-methylaminorex;

(6) N-ethylamphetamine; and

(7) N,N-dimethylamphetamine (some other names: N,N-alpha-trimethylbenzene-ethaneamine; N,N-alpha-trimethylphenethylamine).

Schedule I depressants

Unless specifically excepted or unless listed in another schedule, a material, compound, mixture, or preparation that contains any quantity of the following substances having a depressant effect on the central nervous system, including the substance's salts, isomers, and salts of isomers if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Gamma-hydroxybutyric acid (some other names include GHB; gamma-hydroxybutyrate; 4-hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate);

(2) Mecloqualone; and

(3) Methaqualone.

SCHEDULE II

Schedule II consists of:

Schedule II substances, vegetable origin or chemical synthesis

The following substances, however produced, except those narcotic drugs listed in other schedules:

(1) Opium and opiate, and a salt, compound, derivative, or preparation of opium or opiate, other than thebaine-derived butorphanol, naloxone and its salts, naltrexone and its salts, and nalmefene and its salts, but including:

(1-1) Codeine;

(1-2) Dihydroetorphine;

(1-3) Ethylmorphine;

(1-4) Etorphine hydrochloride;

(1-5) Granulated opium;

(1-6) Hydrocodone;

(1-7) Hydromorphone;

(1-8) Metopon;

(1-9) Morphine;

(1-10) Opium extracts;

(1-11) Opium fluid extracts;

*(1-12) Oripavine

(1-13) Oxycodone;

(1-14) Oxymorphone;

(1-15) Powdered opium;

(1-16) Raw opium;

(1-17) Thebaine; and

(1-18) Tincture of opium.

(2) A salt, compound, isomer, derivative, or preparation of a substance that is chemically equivalent or identical to a substance described by Paragraph (1) of Schedule II substances, vegetable origin or chemical synthesis, other than the isoquinoline alkaloids of opium;

(3) Opium poppy and poppy straw;

(4) Cocaine, including:

(4-1) its salts, its optical, position, and geometric isomers, and the salts of those isomers; and

(4-2) coca leaves and a salt, compound, derivative, or preparation of coca leaves that is chemically equivalent or identical to a substance described by this paragraph, other than decocainized coca leaves or extractions of coca leaves that do not contain cocaine or ecgonine; and

(5) Concentrate of poppy straw, meaning the crude extract of poppy straw in liquid, solid, or powder form that contains the phenanthrene alkaloids of the opium poppy.

Opiates

The following opiates, including their isomers, esters, ethers, salts, and salts of isomers, if the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:

(1) Alfentanil;

(2) Alphaprodine;

(3) Anileridine;

(4) Bezitramide;

(5) Carfentanil;

(6) Dextropropoxyphene, bulk (nondosage form);

(7) Dihydrocodeine;

(8) Diphenoxylate;

(9) Fentanyl;

(10) Isomethadone;

(11) Levo-alphacetylmethadol (some trade or other names: levo-alpha-acetylmethadol, levomethadyl acetate, LAAM);

(12) Levomethorphan;

(13) Levorphanol;

(14) Metazocine;

(15) Methadone;

(16) Methadone-Intermediate, 4-cyano-2-dimethylamino-4,4-diphenyl butane;

(17) Moramide-Intermediate, 2-methyl-3-morpholino-1,1-diphenyl-propane-carboxylic acid;

(18) Pethidine (meperidine);

(19) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;

(20) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;

(21) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;

(22) Phenazocine;

(23) Piminodine;

(24) Racemethorphan;

(25) Racemorphan;

(26) Remifentanil; and

(27) Sufentanil.

Schedule II stimulants

Unless listed in another schedule and except as provided by the Texas Controlled Substances Act, Health and Safety Code, Section 481.033, a material, compound, mixture, or preparation that contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system:

(1) Amphetamine, its salts, optical isomers, and salts of its optical isomers;

(2) Methamphetamine, including its salts, optical isomers, and salts of optical isomers;

(3) Methylphenidate and its salts; and

(4) Phenmetrazine and its salts.

*(5) Lisdexamfetamine, including its salts, isomers, and salts of its isomers.

Schedule II depressants

Unless listed in another schedule, a material, compound, mixture or preparation that contains any quantity of the following substances having a depressant effect on the central nervous system, including the substance's salts, isomers, and salts of isomers if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Amobarbital;

(2) Glutethimide;

(3) Pentobarbital; and

(4) Secobarbital.

Schedule II hallucinogenic substances

(1) Nabilone (Another name for nabilone: (±)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-hydroxy-6,6-dimethyl-9H-dibenzo[b,d]pyran-9-one).

Schedule II precursors

Unless specifically excepted or listed in another schedule, a material, compound, mixture, or preparation that contains any quantity of the following substances:

(1) Immediate precursor to methamphetamine:

(1-1) Phenylacetone and methylamine if possessed together with intent to manufacture methamphetamine;

(2) Immediate precursor to amphetamine and methamphetamine:

(2-1) Phenylacetone (some trade or other names: phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl ketone); and

(3) Immediate precursors to phencyclidine (PCP):

(3-1) 1-phenylcyclohexylamine; and

(3-2) 1-piperidinocyclohexanecarbonitrile (PCC).

SCHEDULE III

Schedule III consists of:

Schedule III depressants

(1) a compound, mixture, or preparation containing amobarbital, secobarbital, pentobarbital, or any of their salts and one or more active medicinal ingredients that are not listed in a schedule;

(2) a suppository dosage form containing amobarbital, secobarbital, pentobarbital, or any of their salts and approved by the Food and Drug Administration for marketing only as a suppository;

(3) a substance that contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid, except those substances that are specifically listed in other schedules;

(4) Chlorhexadol;

(5) Any drug product containing gamma hydroxybutyric acid, including its salts, isoners, and salts of isomers, for which an application is approved under Federal Food Drug and Cosmetic Act, Section 505;

(6) Ketamine, its salts, isomers, and salts of isomers. Some other names for ketamine: (±)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone;

(7) Lysergic acid;

(8) Lysergic acid amide;

(9) Methyprylon;

(10) Sulfondiethylmethane;

(11) Sulfonethylmethane;

(12) Sulfonmethane; and

(13) Tiletamine and zolazepam or any salt thereof. Some trade or other names for a tiletamine-zolazepam combination product: Telazol. Some trade or other names for tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone. Some trade or other names for zolazepam: 4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethyl-pyrazolo-[3,4-e][1,4]-diazepin-7(1H)-one, flupyrazapon.

Nalorphine

Schedule III narcotics

Unless specifically excepted or unless listed in another schedule:

(1) a material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any of their salts:

(1-1) not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;

(1-2) not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts;

(1-3) not more than 300 milligrams of dihydrocodeinone (hydrocodone), or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium;

(1-4) not more than 300 milligrams of dihydrocodeinone (hydrocodone), or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

(1-5) not more than 1.8 grams of dihydrocodeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts;

(1-6) not more than 300 milligrams of ethylmorphine, or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts;

(1-7) not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts; and

(1-8) not more than 50 milligrams of morphine, or any of its salts, per 100 milliliters or per 100 grams with one or more active, non-narcotic ingredients in recognized therapeutic amounts.

(2) any material, compound, mixture, or preparation containing any of the following narcotic drugs or their salts:

(2-1) Buprenorphine.

Schedule III stimulants

Unless listed in another schedule, a material, compound, mixture or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including the substance's salts, optical, position, or geometric isomers, and salts of the substance's isomers, if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Benzphetamine;

(2) Chlorphentermine;

(3) Clortermine; and

(4) Phendimetrazine.

Schedule III anabolic steroids and hormones

Anabolic steroids, including any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins, corticosteroids, and dehydroepiandrosterone), and include the following:

(1) androstanediol

(1-1) 3 beta,17 beta-dihydroxy-5 alpha-androstane;

(1-2) 3 alpha,17 beta -dihydroxy-5 alpha-androstane;

(2) androstanedione (5 alpha-androstan-3,17-dione);

(3) androstenediol--

(3-1) 1-androstenediol (3 beta,17 beta-dihydroxy-5 alpha-androst-1-ene);

(3-2) 1-androstenediol (3 alpha,17 beta-dihydroxy-5 alpha-androst-1-ene);

(3-3) 4-androstenediol (3 beta,17 beta-dihydroxy-androst-4-ene);

(3-4) 5-androstenediol (3 beta,17 beta-dihydroxy-androst-5-ene);

(4) androstenedione--

(4-1) 1-androstenedione ([5 alpha]-androst-1-en-3,17-dione);

(4-2) 4-androstenedione (androst-4-en-3,17-dione);

(4-3) 5-androstenedione (androst-5-en-3,17-dione);

(5) bolasterone (7 alpha,17 alpha-dimethyl-17 beta-hydroxyandrost-4-en-3-one);

(6) boldenone (17 beta-hydroxyandrost-1,4,-diene-3-one);

(7) calusterone (7 beta,17 alpha-dimethyl-17 beta-hydroxyandrost-4-en-3-one);

(8) clostebol (4-chloro-17 beta-hydroxyandrost-4-en-3-one);

(9) dehydrochloromethyltestosterone (4-chloro-17 beta-hydroxy-17alpha-methyl-androst-1,4-dien-3-one);

(10) delta-1-dihydrotestosterone (a.k.a. '1-testosterone') (17 beta-hydroxy-5 alpha-androst-1-en-3-one);

(11) 4-dihydrotestosterone (17 beta-hydroxy-androstan-3-one);

(12) drostanolone (17 beta-hydroxy-2 alpha-methyl-5 alpha-androstan-3-one);

(13) ethylestrenol (17 alpha-ethyl-17 beta-hydroxyestr-4-ene);

(14) fluoxymesterone (9-fluoro-17 alpha-methyl-11 beta,17 beta-dihydroxyandrost-4-en-3-one);

(15) formebolone (2-formyl-17 alpha-methyl-11 alpha,17 beta-dihydroxyandrost-1,4-dien-3-one);

(16) furazabol (17 alpha-methyl-17 beta-hydroxyandrostano[2,3-c]-furazan);

(17) 13 beta-ethyl-17 beta-hydroxygon-4-en-3-one;

(18) 4-hydroxytestosterone (4,17 beta-dihydroxy-androst-4-en-3-one);

(19) 4-hydroxy-19-nortestosterone (4,17 beta-dihydroxy-estr-4-en-3-one);

(20) mestanolone (17 alpha-methyl-17 beta-hydroxy-5 alpha-androstan-3-one);

(21) mesterolone (1 alpha-methyl-17 beta-hydroxy-[5 alpha]-androstan-3-one);

(22) methandienone (17 alpha-methyl-17 beta-hydroxyandrost-1,4-dien-3-one);

(23) methandriol (17 alpha-methyl-3 beta,17 beta-dihydroxyandrost-5-ene);

(24) methenolone (1-methyl-17 beta-hydroxy-5 alpha-androst-1-en-3-one);

(25) 17 alpha-methyl-3 beta, 17 beta-dihydroxy-5 alpha-androstane;

(26) 17 alpha-methyl-3 alpha,17 beta-dihydroxy-5 alpha-androstane;

(27) 17 alpha-methyl-3 beta,17 beta-dihydroxyandrost-4-ene;

(28) 17 alpha-methyl-4-hydroxynandrolone (17 alpha-methyl-4-hydroxy-17 beta-hydroxyestr-4-en-3-one);

(29) methyldienolone (17 alpha-methyl-17 beta-hydroxyestra-4,9(10)-dien-3-one);

(30) methyltrienolone (17 alpha-methyl-17 beta-hydroxyestra-4,9-11-trien-3-one);

(31) methyltestosterone (17 alpha-methyl-17 beta-hydroxyandrost-4-en-3-one);

(32) mibolerone (7 alpha,17 alpha-dimethyl-17 beta-hydroxyestr-4-en-3-one);

(33) 17 alpha-methyl-delta-1-dihydrotestosterone (17 beta-hydroxy-17 alpha-methyl-5 alpha-androst-1-en-3-one) (a.k.a. '17-alpha-methyl-1-testosterone');

(34) nandrolone (17 beta-hydroxyestr-4-en-3-one);

(35) norandrostenediol--

(35-1) 19-nor-4-androstenediol (3 beta, 17 beta-dihydroxyestr-4-ene);

(35-2) 19-nor-4-androstenediol (3 alpha, 17 beta-dihydroxyestr-4-ene);

(35-3) 19-nor-5-androstenediol (3 beta, 17 beta-dihydroxyestr-5-ene);

(35-4) 19-nor-5-androstenediol (3 alpha, 17 beta-dihydroxyestr-5-ene);

(36) norandrostenedione--

(36-1) 19-nor-4-androstenedione (estr-4-en-3,17-dione);

(36-2) 19-nor-5-androstenedione (estr-5-en-3,17-dione;

(37) norbolethone (13 beta,17alpha-diethyl-17 beta-hydroxygon-4-en-3-one);

(38) norclostebol (4-chloro-17 beta-hydroxyestr-4-en-3-one);

(39) norethandrolone (17 alpha-ethyl-17 beta-hydroxyestr-4-en-3-one);

(40) normethandrolone (17 alpha-methyl-17 beta-hydroxyestr-4-en-3-one);

(41) oxandrolone (17 alpha-methyl-17 beta-hydroxy-2-oxa-[5 alpha]-androstan-3-one);

(42) oxymesterone (17 alpha-methyl-4,17 beta-dihydroxyandrost-4-en-3-one);

(43) oxymetholone (17 alpha-methyl-2-hydroxymethylene-17 beta-hydroxy-[5 alpha]-androstan-3-one);

(44) stanozolol (17 alpha-methyl-17 beta-hydroxy-[5 alpha]-androst-2-eno[3,2-c]-pyrazole);

(45) stenbolone (17 beta-hydroxy-2-methyl-[5 alpha]-androst-1-en-3-one);

(46) testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid lactone);

(47) testosterone (17 beta-hydroxyandrost-4-en-3-one);

(48) tetrahydrogestrinone (13 beta,17 alpha-diethyl-17 beta-hydroxygon-4,9,11-trien-3-one);

(49) trenbolone (17 beta-hydroxyestr-4,9,11-trien-3-one); and

(50) any salt, ester, or ether of a drug or substance described in this paragraph.

Schedule III hallucinogenic substances

(1) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in U.S. Food and Drug Administration approved drug product. (Some other names for dronabinol:(6aR-trans)-6a,7,8,10a-tetrahydro-6,6,9-tri-methyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol, or (-)-delta-9-(trans)-tetrahydrocannabinol).

SCHEDULE IV

Schedule IV consists of:

Schedule IV depressants

Except as provided by the Texas Controlled Substances Act, Health and Safety Code, Section 481.033, a material, compound, mixture, or preparation that contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:

(1) Alprazolam;

(2) Barbital;

(3) Bromazepam;

(4) Camazepam;

(5) Chloral betaine;

(6) Chloral hydrate;

(7) Chlordiazepoxide;

(8) Clobazam;

(9) Clonazepam;

(10) Clorazepate;

(11) Clotiazepam;

(12) Cloxazolam;

(13) Delorazepam;

(14) Diazepam;

(15) Dichloralphenazone;

(16) Estazolam;

(17) Ethchlorvynol;

(18) Ethinamate;

(19) Ethyl loflazepate;

(20) Fludiazepam;

(21) Flunitrazepam;

(22) Flurazepam;

(23) Halazepam;

(24) Haloxazolam;

(25) Ketazolam;

(26) Loprazolam;

(27) Lorazepam;

(28) Lormetazepam;

(29) Mebutamate;

(30) Medazepam;

(31) Meprobamate;

(32) Methohexital;

(33) Methylphenobarbital (mephobarbital);

(34) Midazolam;

(35) Nimetazepam;

(36) Nitrazepam;

(37) Nordiazepam;

(38) Oxazepam;

(39) Oxazolam;

(40) Paraldehyde;

(41) Petrichloral;

(42) Phenobarbital;

(43) Pinazepam;

(44) Prazepam;

(45) Quazepam;

(46) Temazepam;

(47) Tetrazepam;

(48) Triazolam;

(49) Zaleplon;

(50) Zolpidem; and

(51) Zopiclone, its salts, isomers, and salts of isomers.

Schedule IV stimulants

Unless listed in another schedule, a material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including the substance's salts, optical, position, or geometric isomers, and salts of those isomers if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Cathine [(+)-norpseudoephedrine];

(2) Diethylpropion;

(3) Fencamfamin;

(4) Fenfluramine;

(5) Fenproporex;

(6) Mazindol;

(7) Mefenorex;

(8) Modafinil;

(9) Pemoline (including organometallic complexes and their chelates);

(10) Phentermine;

(11) Pipradrol;

(12) SPA [(-)-1-dimethylamino-1,2-diphenylethane]; and

(13) Sibutramine.

Schedule IV narcotics

Unless specifically excepted or unless listed in another schedule, a material, compound, mixture, or preparation containing limited quantities of the following narcotic drugs or their salts:

(1) Not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit; and

(2) Dextropropoxyphene (Alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-propionoxybutane).

Schedule IV other substances

Unless specifically excepted or unless listed in another schedule, a material, compound, substance's salts:

(1) Butorphanol, including its optical isomers; and

(2) Pentazocine, its salts, derivatives, compounds, or mixtures.

SCHEDULE V

Schedule V consists of:

Schedule V narcotics containing non-narcotic active medicinal ingredients

A compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs that also contain one or more non-narcotic active medicinal ingredients in sufficient proportion to confer on the compound, mixture or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:

(1) Not more than 200 milligrams of codeine, or any of its salts, per 100 milliliters or per 100 grams;

(2) Not more than 100 milligrams of dihydrocodeine, or any of its salts, per 100 milliliters or per 100 grams;

(3) Not more than 100 milligrams of ethylmorphine, or any of its salts, per 100 milliliters or per 100 grams;

(4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit;

(5) Not more than 15 milligrams of opium per 29.5729 milliliters or per 28.35 grams; and

(6) Not more than 0.5 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.

Schedule V stimulants

Unless specifically exempted or excluded or unless listed in another schedule, a compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers and salts of isomers:

(1) Pyrovalerone.

Schedule V depressants

Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts:

(1) Pregabalin [(S)-3-(aminomethyl)-5-methylhexanoic acid].

TRD-200800037

Lisa Hernandez

General Counsel

Department of State Health Services

Filed: January 4, 2008

Texas Department of Insurance, Division of Workers' Compensation

Correction of Error

The Texas Department of Insurance, Division of Workers' Compensation adopted an amendment to 28 TAC §134.1 and new §§134.2, 134.203 and 134.204 regarding Medical Fee Guidelines in the January 11, 2008, issue of the Texas Register (33 TexReg 364). The department also adopted new §134.403 and §134.404 concerning Hospital Fee Guidelines in the January 11, 2008, issue of the Texas Register (33 TexReg 400).

Due to errors in the agency's submissions, the effective date of January 17, 2008 that appears on pages 400 and 428 is incorrect. The rule adoptions will take effect on March 1, 2008.

TRD-200800091

Texas Lottery Commission

Correction of Error

The Texas Lottery Commission published a notice of adopted rule review for Chapter 402, concerning Charitable Bingo, in the December 21, 2007, Texas Register (32 TexReg 9737). In the third paragraph, the last two sentences should be omitted because the Commission received no comments concerning the proposed review of Chapter 402.

The paragraph should reads as follows.

"This review and re-adoption has been conducted in accordance with Texas Government Code, §2001.039. The Commission received no comments on the proposed review, which was published in the October 5, 2007, issue of the Texas Register (32 TexReg 7086)."

TRD-200800092

North Central Texas Council of Governments

Request for Proposals to Develop Improvements to NCTCOG's Dallas/Fort Worth Regional Travel Model (DFWRTM)

Consultant Proposal Request

This request by the North Central Texas Council of Governments (NCTCOG) for consultant services is filed under the provisions of Government Code, Chapter 2254.

The North Central Texas Council of Governments (NCTCOG) is requesting written proposals from consultant firm(s) to develop improvements to NCTCOG's Dallas/Fort Worth Regional Travel Model (DFWRTM). The DFWRTM is NCTCOG's official travel demand model and is used to develop travel forecasts to support the regional transportation planning in the DFW region. NCTCOG desires to improve the DFWRTM's performance, capabilities, and coverage area. As part of a comprehensive effort to update and improve the DFWRTM, NCTCOG seeks to create a vehicle ownership model and update the mode choice model. This study will focus only on the vehicle ownership and mode choice models. In parallel, NCTCOG staff will implement an improvement plan that includes other model components, which will be closely coordinated with the consultant selected for this effort. The budget for this study is approximately $135,000.

Due Date

Proposals must be received no later than 5 p.m., Central Daylight Time, on Friday, February 15, 2008, to Arash Mirzaei, Transportation System Modeling Manager, North Central Texas Council of Governments, 616 Six Flags Drive, Arlington, Texas 76011 or P.O. Box 5888, Arlington, Texas 76005-5888. For copies of the Request for Proposals, contact Therese Bergeon, at (817) 695-9267.

Contract Award Procedures

The firm or individual selected to perform these activities will be recommended by a Consultant Selection Committee (CSC). The CSC will use evaluation criteria and methodology consistent with the scope of services contained in the Request for Proposals. The NCTCOG Executive Board will review the CSC's recommendations and, if found acceptable, will issue a contract award.

Regulations

NCTCOG, in accordance with Title VI of the Civil Rights Act of 1964, 78 Statute 252, 41 United States Code 2000d to 2000d-4; and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 1, Nondiscrimination in Federally Assisted Programs of the Department of Transportation issued pursuant to such act, hereby notifies all proposers that it will affirmatively assure that in regard to any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, age, national origin, or disability in consideration of an award.

TRD-200800118

R. Michael Eastland

Executive Director

North Central Texas Council of Governments

Filed: January 9, 2008

Texas Parks and Wildlife Department

Notice of Hearing and Opportunity for Public Comment

This is a notice of an opportunity for public comment and a public hearing on Richmond Material Co.'s application for a Texas Parks and Wildlife Department (TPWD) permit to dredge state-owned sand and gravel from the Brazos River bed in Fort Bend County at a location approximately 3 miles downstream from Highway 90A and 3.8 miles upstream from U.S. 59 crossing.

The hearing will be held at 11:00 a.m. on Monday, February 11, 2008 at TPWD Headquarters, 4200 Smith School Road, Austin, Texas 78744.

The hearing is not a contested case hearing under the Administrative Procedure Act.

Written comments must be submitted within 30 days of the publication of this notice in the Texas Register or the newspaper, whichever is later, or at the public hearing.

Submit written comments, questions, or requests to review the application to: Beth Hilliard, TPWD, by mail: 4200 Smith School Road, Austin, Texas 78744; fax (512) 389-4482; or e-mail, beth.hilliard@tpwd.state.tx.us.

TRD-200800102

Ann Bright

General Counsel

Texas Parks and Wildlife Department

Filed: January 8, 2008

Texas Department of Public Safety

Controlled Substances - Notice of Public Hearing

The Texas Department of Public Safety, in accordance with Administrative Procedures and Texas Register Act, Texas Government Code, Chapter 2001, et seq., is holding a public hearing on January 24, 2008, at 10:00 a.m., in the Texas Department of Public Safety Criminal Law Enforcement (CLE) Building (Building E), in the Auditorium, 6100 Guadalupe Street, Austin, Texas. Visitor parking is available, but limited, in the department parking lot.

The purpose of this hearing is to receive comments from all interested persons regarding adoption of amendments to 37 Texas Administrative Code §§13.71 - 13.85 and §13.207, regarding Controlled Substances, proposed under the authority of Texas Health and Safety Code, §481.003, which authorizes the director to adopt rules to administer and enforce the Texas Controlled Substances Act. The proposed rules were published in the November 30, 2007, issue of the Texas Register (32 TexReg 8709 and 32 TexReg 8712).

The hearing is in response to a request for public hearing received jointly from the Texas Pharmacy Association, the Texas Federation of Drug Stores, and the Texas Society of Health-System Pharmacists.

To facilitate seating at the public hearing, persons interested in attending this hearing are encouraged to submit advance written notice of their intent to attend the hearing and to submit a written copy of their comments. This correspondence should be addressed to Johnny R. Hatcher, Manager, Narcotics Regulatory Programs, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0433.

Individual comments may be limited to ten minutes in duration, depending upon the number of attendees.

Persons with disabilities who plan to attend this hearing and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print, or Braille, are requested to contact Johnny R. Hatcher at (512) 424-2458, three working days prior to the hearing so that appropriate arrangements can be made.

TRD-200800105

Thomas A. Davis, Jr.

Director

Texas Department of Public Safety

Filed: January 9, 2008

Public Utility Commission of Texas

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

The Public Utility Commission of Texas received an application on January 7, 2008, for a amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).

Project Title and Number: Application of Marcus Cable Associates, L.L.C. d/b/a Charter Communications for a Amendment to a State-Issued Certificate of Franchise Authority, Project Number 35198 before the Public Utility Commission of Texas.

The requested amended CFA service area includes the Cities of Sansom and Argyle, 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 35198.

TRD-200800096

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 8, 2008

Notice of Amended Application for Certificate of Convenience and Necessity for a Proposed Transmission Line in Chambers, Hardin, Jasper, Jefferson, Liberty, Newton, and Orange Counties, Texas

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an amended application on December 28, 2007, for a certificate of convenience and necessity for a proposed transmission line in Chambers, Hardin, Jasper, Jefferson, Liberty, Newton and Orange Counties, Texas.

Docket Style and Number: Application of Kelson Transmission Company, LLC for a Certificate of Convenience and Necessity for the Amended Proposed Canal to Deweyville 345 kV Transmission Line Within Chambers, Hardin, Jasper, Jefferson, Liberty, Newton, and Orange Counties, Docket Number 34611.

The Application: The amended application of Kelson Transmission Company, LLC (Kelson Transmission) for a proposed transmission line is designated as the Canal to Deweyville Transmission Line Project. Kelson Transmission has amended its original application to add several route segments to create alternate routes in Liberty and Jefferson Counties. In addition, Kelson Transmission proposes in this amended application to terminate the proposed line at a new switching station to be located northwest of Mont Belvieu. This amendment eliminates the majority of the line segments in the original application going through Mont Belvieu and all of the routes that were to pass through Baytown. The miles of right-of-way for this amended project will be approximately 95 miles of double circuit 345-kV electric transmission line between the proposed Canal Switching Station to be located in northwestern Chambers County, Texas and the proposed Deweyville Switching Station to be located in southeastern Newton County, Texas. The estimated date to energize facilities is May 2010.

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 11, 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 34611.

TRD-200800060

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 7, 2008

Notice of Application for a Certificate to Provide Retail Electric Service

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on January 7, 2008, for retail electric provider (REP) certification, pursuant to §§39.101 - 39.109 of the Public Utility Regulatory Act (PURA).

Docket Title and Number: Application of Potentia Energy LLC for Retail Electric Provider (REP) Certification, Docket Number 35199 before the Public Utility Commission of Texas.

Applicant's requested service area by geography includes the entire State of Texas.

Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than January 25, 2008. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 35199.

TRD-200800097

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 8, 2008

Notice of Application to Amend Certificated Service Area Boundaries in Cameron County, Texas

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application filed on January 3, 2008, for an amendment to certificated service area boundaries within Cameron County, Texas.

Docket Style and Number: Application of the Brownsville Public Utilities Board (BPUB) to Amend a Certificate of Convenience and Necessity for Service Area Boundaries within Cameron County (Maine Place Subdivision). Docket Number 35188.

The Application: The application encompasses an area of land which is singly certificated to American Electric Power Company (AEP), formerly known as Central Power & Light (CP&L), and is within the corporate limits of the City of Brownsville. BPUB received a letter request from William A. Faulk, Sr. requesting BPUB to provide electric utility service to a proposed 22.13-acre subdivision. The estimated cost to BPUB to provide service to this proposed area is $55,652.30. The area is presently undeveloped. If the application is granted the area would be dually certificated for electric service.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas no later than January 25, 2008, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 35188.

TRD-200800063

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 7, 2008

Notice of a Petition for Declaratory Ruling

Notice is given to the public of a petition for declaratory ruling filed with the Public Utility Commission of Texas (commission) on December 28, 2007, pursuant to Public Utility Regulatory Act §§14.001, 37.001-061, 37.154, and P.U.C. Substantive Rule §25.101(f).

Docket Style and Number: Joint Petition of Texas Industrial Energy Consumers and Office of Public Utility Counsel for Declaratory Ruling, Docket Number 35183.

The Application: Petitioners request the commission make a declaratory ruling that Entergy Gulf States, Inc. (EGSI), an electric utility, is required under the terms of the Public Utility Regulatory Act §37.154 and P.U.C. Substantive Rule §25.101(f) to seek and receive commission approval to transfer its Certificate of Convenience and Necessity (CCN) to Entergy Texas, Inc. (Entergy Texas) prior to the time the transfer takes place.

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 35183.

TRD-200800061

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 7, 2008

Public Notice of Workshop on Revision of Form for Earnings Monitoring Report for Telephone Utility Companies

The Public Utility Commission of Texas (commission) will hold on Friday, February 1, 2008, a workshop regarding the revision of the form used by regulated telephone utility companies for the filing of earnings monitoring reports pursuant to P.U.C. Substantive Rule §26.73. The workshop will be held from 9:30 a.m. to 12:00 p.m. in the Commissioners' Hearing Room on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 35187, Revision of Form for Earnings Monitoring Reports filed by Regulated Telephone Utility Companies , has been established for this proceeding.

By January 18, 2008, the commission staff will make available in Central Records under Project Number 35187 a copy of a draft report form for discussion at the workshop. The draft forms will also be available for download by visiting the commission's website at www.puc.state.tx.us and clicking on the Filings/Interchange and Filings Retrieval links.

Questions concerning the workshop or this notice should be referred to Darryl Tietjen, Director of Rate Regulation, at 512-936-7436 or darryl.tietjen@puc.state.tx.us. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200800062

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 7, 2008

Scheduling Notice for Implementation Project Relating to Advanced Metering

The meetings listed below are scheduled for interested parties in Project Number 34610, Implementation Project Relating to Advanced Metering . Web conference and dial-in information will be provided on the project website at:

http://www.puc.state.tx.us/electric/projects/34610/34610.cfm

Questions concerning this notice should be referred to Christine Wright, Competitive Markets Division at (512) 936-7376, or christine.wright@puc.state.tx.us.

Advanced Metering Implementation Team (AMIT)

January

Jan. 14-15 - Overall Project Scoping Meeting

Mon: 9:30-5:30

Tue: 8:30-4:30

Location: Capitol Extension, Room E2.030

A map is available online at:

http://www.tspb.state.tx.us/SPB/Plan/FloorPlan/pdf/CapitolComplex%20b&w.pdf

Information for parking is available online at:

http://www.tspb.state.tx.us/SPB/Plan/Parking.htm

Jan. 22-23 - Project #2, Web Portal

Tue: 9:30-5:30

Wed: 8:30-4:30

Location: Capitol Extension, Room E2.030

Jan. 28 - Project #1, Interim Project

Mon: 9:30-5:30

Location: Capitol Extension, Room E2.030

February

Feb. 5-6 - Project #1, Interim Project

Tue: 9:30-5:30

Wed: 8:30-4:30

Location: ERCOT, 7620 Metro Center Dr., Austin, TX 78744

Feb. 11-12 - Project #2, Web Portal

Mon: 9:30-5:30

Tue: 8:30-4:30

Location: Capitol Extension, Room E2.030

Feb. 19-20 - Project #1, Interim Project

Tue: 9:30-5:30

Wed: 8:30-4:30

Location: Capitol Extension, Room E2.030

Feb. 25-26 - Project #2, Web Portal

Mon: 9:30-5:30

Tue: 8:30-4:30

Location: Capitol Extension, Room E2.030

March

Mar. 4 - Projects #1-2, Web Portal/Interim Projects

Mon: 9:30-5:30

Location: Austin Energy, 721 Barton Springs Road, Austin, TX 78704

Parking is available in the parking garage behind the building.

Mar. 13-14 - Project #5, Retail Market Interface

Thu: 9:30-5:30

Fri: 8:30-4:30

Location: Capitol Extension, Room E2.030

Mar. 25-26 - Project #5, Retail Market Interface

Tue: 9:30-5:30

Wed: 8:30-4:30

Location: Public Utility Commission, CHR, 7th Floor, 1701 N. Congress Ave, Austin, TX 78701

TRD-200800104

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 8, 2008

Office of the Secretary of State

Model State Administrative Procedure Act Revision--Invitation to Participate

The National Conference of Commissioners on Uniform State Laws (NCCUSL) is revising its Model State Administrative Procedure Act (MSAPA). NCCUSL invites organizations and individuals interested in state administrative agency processes to participate in this effort.

NCCUSL is a 117 year old national organization of lawyers, judges and law professors who are appointed to represent their states in drafting and seeking enactment of uniform laws to facilitate commerce and certainty in the law among the states. For more information about NCCUSL, visit http://www.nccusl.org/.

The goal of the MSAPA drafting committee is to make the administrative process more efficient, accessible and fair. The most recent draft of MSAPA is available at http://www.nccusl.org/Update/CommitteeSearchResults.aspx?committee=234. The drafting process will not be completed until the spring of 2009.

The MSAPA drafting committee invites interested parties to attend committee meetings as an observer and make comments and suggestions at the meetings or by submitting them in writing. To become an observer, please contact Ms. Leang Sou at NCCUSL at (312) 450-6606 or at leang.sou@nccusl.org. Submit written comments about the MSAPA to Commissioner Francis J. Pavetti, 18 The Strand, Goshen Point, Waterford, CT 06385.

TRD-200800088

Lorna Wassdorf

Director of Business and Public Filings

Office of the Secretary of State

Filed: January 7, 2008

Texas Department of Transportation

Aviation Division - Request for Proposal for Aviation Architectural/Engineering Services

The County of Hutchinson, through its agent the Texas Department of Transportation (TxDOT), intends to engage an aviation professional architectural/engineering firm for services pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT Aviation Division will solicit and receive proposals for professional aviation architectural/engineering design services described below:

Current Project: TxDOT CSJ No. 08TBBORGR. Scope: Provide architectural/engineering services to design new airport terminal building.

The HUB goal is set at 5%. TxDOT Project Manager is John Greer, P.E.

To assist in your proposal preparation the most recent Airport Layout Plan, 5010 drawing, and the criteria are available online at www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm by selecting Hutchinson County Airport. The proposal should address a technical approach for the current scope.

Interested firms shall utilize the latest version of Form AVN-550, titled "Aviation Architectural/Engineering Services Proposal". The form may be requested from TxDOT Aviation Division, 125 East 11th Street, Austin, Texas 78701-2483, phone number 1-800-68-PILOT (74568). The form may be emailed by request or downloaded from the TxDOT web site at www.dot.state.tx.us/services/aviation/consultant.htm . The form may not be altered in any way. All printing must be in black on white paper, except for the optional illustration page. Firms must carefully follow the instructions provided on each page of the form. Proposals may not exceed the number of pages in the proposal format. The proposal format consists of seven pages of data plus two optional pages consisting of an illustration page and a proposal summary page. Proposals shall be stapled but not bound in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.

ATTENTION: To ensure utilization of the latest version of Form AVN-550, firms are encouraged to download Form AVN-550 from the TxDOT website as addressed above. Utilization of Form AVN-550 from a previous download may not be the exact same format. Form AVN-550 is a PDF Template.

Please note:

Five completed, unfolded copies of Form AVN-550 must be received by TxDOT Aviation Division at 150 East Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704 no later than February 8, 2008, 4:00 p.m. Electronic facsimiles or forms sent by email will not be accepted. Please mark the envelope of the forms to the attention of Edie Stimach.

The consultant selection committee will be composed of local government members. The final selection by the committee will generally be made following the completion of review of proposals. The committee will review all proposals and rate and rank each. The criteria for evaluating architectural/engineering proposals can be found at http://www.dot.state.tx.us/services/aviation/consultant.htm . All firms will be notified and the top rated firm will be contacted to begin fee negotiations. The selection committee does, however, reserve the right to conduct interviews for the top rated firms if the committee deems it necessary. If interviews are conducted, selection will be made following interviews.

If there are any procedural questions, please contact Edie Stimach, Grant Manager at 1-800-68-PILOT at extension 4518. For technical questions, please contact John Greer, at 1-800-68-PILOT at extension 4528.

TRD-200800115

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: January 9, 2008

Aviation Division - Request for Proposal for Aviation Engineering Services

The County of Crane, through its agent the Texas Department of Transportation (TxDOT), intends to engage an aviation professional engineering firm for services pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT Aviation Division will solicit and receive proposals for professional aviation engineering design services described below:

Airport Sponsor: Crane County. TxDOT CSJ No. 0806CRANE. Scope: Provide engineering/design services to replace rotating beacon and tower; replace LIRLs with MIRLs, runway 12-30 and relocate segmented circle/lighted windcone at the Crane County Airport.

The HUB goal is set at 5%. TxDOT Project Manager is Clayton Bridwell.

To assist in your proposal preparation the criteria, 5010 drawing and most recent airport layout plan are available online at www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm by selecting "Crane County Airport."

Interested firms shall utilize the latest version of Form AVN-550, titled "Aviation Engineering Services Proposal". The form may be requested from TxDOT Aviation Division, 125 East 11th Street, Austin, Texas 78701-2483, phone number 1-800-68-PILOT (74568). The form may be emailed by request or downloaded from the TxDOT web site at www.dot.state.tx.us/services/aviation/consultant.htm. The form may not be altered in any way. All printing must be in black on white paper, except for the optional illustration page. Firms must carefully follow the instructions provided on each page of the form. Proposals may not exceed the number of pages in the proposal format. The proposal format consists of seven pages of data plus two optional pages consisting of an illustration page and a proposal summary page. Proposals shall be stapled but not bound in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.

Please note:

Five completed, unfolded copies of Form AVN-550 must be received by TxDOT Aviation Division at 150 East Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704 no later than February 12, 2008 at 4:00 p.m. Electronic facsimiles or forms sent by email will not be accepted. Please mark the envelope of the forms to the attention of Sheri Quinlan.

The consultant selection committee will be composed of Aviation Division staff members. The final selection by the committee will generally be made following the completion of review of proposals. The committee will review all proposals and rate and rank each. The criteria for evaluation engineering proposals can be found at http://www.dot.state.tx.us/services/aviation/consultant.htm . All firms will be notified and the top rated firm will be contacted to begin fee negotiations. The selection committee does, however, reserve the right to conduct interviews for the top rated firms if the committee deems it necessary. If interviews are conducted, selection will be made following interviews.

If there are any procedural questions, please contact Sheri Quinlan, Grant Manager at 1-800-68-PILOT at extension 4517. For technical questions, please contact Clayton Bridwell, at 1-800-68-PILOT at extension 4531.

TRD-200800114

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: January 9, 2008

Aviation Division - Request for Proposal for Aviation Engineering Services

The City of Edinburg, through its agent the Texas Department of Transportation (TxDOT), intends to engage an aviation professional engineering firm for services pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT Aviation Division will solicit and receive proposals for professional aviation engineering design services described below:

Airport Sponsor: City of Edinburg. TxDOT CSJ No. 0821EDNBG. Scope: Overlay apron; overlay and mark runway 14-32; overlay and mark A, N, R; rehabilitate hangar access taxiway; install REILs for runway 14; install hold signs and replace perimeter fence at the Edinburg International Airport.

The DBE goal is set at 5%. TxDOT Project Manager is John Wepryk, P.E.

To assist in your proposal preparation the criteria, 5010 drawing, project narrative, and most recent airport layout plan are available online at www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm by selecting "South Texas International Airport at Edinburg."

Interested firms shall utilize the latest version of Form AVN-550, titled "Aviation Engineering Services Proposal". The form may be requested from TxDOT Aviation Division, 125 East 11th Street, Austin, Texas 78701-2483, phone number 1-800-68-PILOT (74568). The form may be emailed by request or downloaded from the TxDOT website at www.dot.state.tx.us/services/aviation/consultant.htm. The form may not be altered in any way. All printing must be in black on white paper, except for the optional illustration page. Firms must carefully follow the instructions provided on each page of the form. Proposals may not exceed the number of pages in the proposal format. The proposal format consists of seven pages of data plus two optional pages consisting of an illustration page and a proposal summary page. Proposals shall be stapled but not bound in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.

Please note:

Seven completed, unfolded copies of Form AVN-550 must be received by TxDOT Aviation Division at 150 East Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704 no later than February 12, 2008, 4:00 p.m. Electronic facsimiles or forms sent by email will not be accepted. Please mark the envelope of the forms to the attention of Sheri Quinlan.

The consultant selection committee will be composed of local government members. The final selection by the committee will generally be made following the completion of review of proposals. The committee will review all proposals and rate and rank each. The criteria for evaluation engineering proposals can be found at http://www.dot.state.tx.us/services/aviation/consultant.htm. All firms will be notified and the top rated firm will be contacted to begin fee negotiations. The selection committee does, however, reserve the right to conduct interviews for the top rated firms if the committee deems it necessary. If interviews are conducted, selection will be made following interviews.

If there are any procedural questions, please contact Sheri Quinlan, Grant Manager at 1-800-68-PILOT at extension 4517. For technical questions, please contact John Wepryk, at 1-800-68-PILOT at extension 4533.

TRD-200800117

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: January 9, 2008

Cancellation of Bolivar Bridge EIS

In the February 20, 2006, issue of the Texas Register (31 TexReg 936), the Texas Department of Transportation issued a Notice of Intent notifying the public that an Environmental Impact Statement (EIS) would be prepared for a proposed State Highway (SH 87) bridge connecting Galveston Island and Bolivar Peninsula in Galveston County, Texas. The project is now cancelled; therefore, no further project activities will occur.

Agency Contact: Comments or concerns regarding this proposed action should be sent to Dianna F. Noble, P.E., Texas Department of Transportation, Environmental Affairs Division, 125 East 11th Street, Austin, Texas 78701, telephone (512) 416-2734.

TRD-200800116

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: January 9, 2008

The University of Texas System

Award of Consultant Contract Notification

The University of Texas System Administration ("University"), in accordance with the provisions of Texas Government Code, Chapter 2254, entered into a contract for consulting services (the "Contract") with Aviation Research Group, U.S., Inc. ("Consultant") as more particularly described in the Invitation for Offers by The University of Texas System Administration for Selection of a Consultant to Provide Services related to Aviation Consulting published in the Texas Register on November 2, 2007 (32 TexReg 8060).

Project Description:

In accordance with the Invitation and Consultant's response thereto, Consultant shall provide University with services to:

* Determine and outline charter service needs.

* Establish guidelines for charter service operators.

* Develop a Request For Proposal (RFP) for charter services.

* Evaluate RFP submissions.

* Establish standardized charter service agreement templates.

* Evaluate individual charters as proposed.

* Review internal flight operations and processes.

Name and Address of Consultant:

Aviation Research Group, U.S., Inc.

212 West 8th Street

Cincinnati, Ohio 45202

Total Value of the Contract:

$80,000

Contract Dates:

The Contract was executed by Consultant on December 19, 2007, and by the University on January 8, 2008, and dated effective January 21, 2008.

Due Dates for Contract Products:

Aviation consulting services shall be completed and delivered to the University as follows:

* Within three months - help develop guidelines pertaining to an RFP for charter services.

* Within six months - review internal flight operations, processes and develop templates.

* Ongoing - evaluate individual charters as proposed.

The term of the Contract shall terminate on January 20, 2009.

TRD-200800107

Francie A. Frederick

General Counsel to the Board of Regents

The University of Texas System

Filed: January 9, 2008

Invitation for Consultants to Provide Offers of Consulting Services

In accordance with the provisions of Texas Government Code , §2254.02, The University of Texas System, "the University", is looking for a Proposer to provide the assistance the University requires to assess the competitiveness of the compensation currently provided to its police force. The requested work will cover approximately 14 different levels of police positions at U.T. institutions.

The Chancellor of the University has made a finding that the Consulting Services are necessary. While the University has a substantial need for the Consulting Services, the University does not currently have staff with expertise or experience with the Consulting Services and the University cannot obtain such Consulting Services through a contract with another state governmental entity.

Unless the University receives a better offer, the University intends to amend its contract for the consulting services solicited under this invitation to Mercer Human Resources Consulting, Inc., a consultant that is providing consulting services relating to executive compensation to the University. The University of Texas System Administration is currently using the services of Mercer Human Resources Consulting, Inc. to provide competitive market data on total compensation for executive officers of the University.

The award for services will be based on demonstrated competence, knowledge, and qualifications and on the reasonableness of the proposed fee for the services; and if other considerations are equal, give preference to a consultant whose principal place of business is in the state or who will manage the consulting contract wholly from an office in the state.

The individual to be contacted with an offer to provide such consulting services is:

Gary Gwaltney

Manager of Compensation and Employment

The University of Texas System

702 Colorado Street

Suite 2.100

Austin, Texas 78701

Voice: (512) 499-4587

E-mail: ggwaltney@utsystem.edu

The proposal submission deadline will be January 28, 2008.

TRD-200800106

Francie A. Frederick

General Counsel to the Board of Regents

The University of Texas System

Filed: January 9, 2008