Texas Department of Agriculture

Notice of Public Hearings

In accordance with the Texas Agriculture Code, §76.004 and §76.005, the Texas Department of Agriculture (the department) hereby provides notice of hearings to take public comment on the department's proposed amendments to Title 4, Texas Administrative Code (TAC), Chapter 7, §7.23 and §7.24, concerning pesticide licensing and regulation. The proposed amendments are published in the February 29, 2008, issue of the Texas Register (33 TexReg 1673). The proposed amendments to §7.23 add language to clarify that a liability insurance policy is the only acceptable form of proof of financial responsibility for applicator businesses, which is the department's current practice. The proposed amendments to §7.24 add language that requires that commercial or noncommercial applicators that are certified in the aerial application category obtain three of the required five continuing education units (CEUs) in laws and regulations, drift minimization and pesticide safety activities addressing human factors. Persons directly affected by the proposed amendments are pesticide applicators licensed with or seeking licensure from the department under the Texas Agriculture Code, Chapter 76 and Title 4, TAC, Chapter 7.

Hearings will be held on Monday, March 24, 2008, at the Texas Department of Agriculture regional offices, as follows:

(1) West Texas Regional Office: Beginning at 10:00 a.m., at 4502 Englewood Avenue, Lubbock, Texas. For information contact Steve Jones, (806) 799-8555.

(2) North Texas Regional Office: Beginning at 3:00 p.m., at 1720 Regal Row, Suite 118, Dallas, Texas. For information contact E. W. Wesley, (214) 631-0265.

(3) Gulf Coast Regional Office: Beginning at 10:00 a.m., at the Elias Ramirez State Office Building, 5425 Polk Street, Suite G-20, Houston, TX 77023. For information contact Jennifer Bailey at (713) 921-8200.

(4) South Central Regional Office: Beginning at 10:00 a.m., at 8918 Tesoro Drive, Suite 120, San Antonio, Texas. For information contact Ken Weidenfeller, (210) 820-0288

(5) Valley Regional Office: Beginning at 10:00 a.m., at 900-B East Expressway 83, San Juan, Texas. For information contact Jose Sanchez, (956) 787-8866.

For questions about obtaining copies of the rule proposal, please contact Jimmy Bush, Assistant Commissioner for Pesticide Programs, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711, (512) 936-2638.

TRD-200801418

Dolores Alvarado Hibbs

General Counsel

Texas Department of Agriculture

Filed: March 12, 2008

Public Notice

The Capital Area Rural Transportation System (CARTS) invites qualified General Contractors to submit proposals for the construction of an intermodal transit facility in Georgetown, Texas.

Request for Proposal and Construction Documents will be available at CARTS Headquarters facility located at 2010 E. 6th St., Austin, Texas 78702-6050 beginning at 2:00 p.m., Wednesday March 26, 2008. A $200.00 refundable deposit check payable to CARTS will be required for each set, with a maximum of four (4) sets per company.

A non-mandatory pre-proposal meeting will be held at the same address at 2:00 p.m., April 9, 2008.

The schedule is:

Wednesday, March 26: 2:00 p.m. - RFP Documents/CDs ready to be picked up by contractors.

Wednesday, April 9: 2:00 p.m. - Pre-Proposal Conference at CARTS.

Monday, April 21: 2:00 p.m. - Deadline for Proposal Questions.

Thursday, April 24: Responses Distributed via electronic-mail only.

Wednesday, April 30: 2:00 p.m. - Proposals Due at CARTS.

Proposals will be evaluated on cost, qualifications, experience, and the quality and content of the submittal.

TRD-200801400

David Marsh

General Manager

Capital Area Rural Transportation System

Filed: March 11, 2008

Notice of Contract Awards

Pursuant to Chapter 403, Texas Government Code, and Chapter 2254, Subchapter A, Texas Government Code; and Chapters 72 - 75, Property Code, the Comptroller of Public Accounts (Comptroller) announces the following notice of contract awards for providing professional unclaimed property audit services.

The Notice of Request for Proposals (RFP #179b) was published in the July 6, 2007, issue of the Texas Register (32 TexReg 4250).

Contracts were awarded to:

Audit Services U.S., LLC, 212 West 35th Street, Suite 600, New York, New York 10001. The term of the contract is October 5, 2007 through August 31, 2008, with option for two additional one-year renewals.

Abandoned Property Experts, LLC, 5521 Geddes Road, Ann Arbor, Michigan 48105. The term of the contract is November 29, 2007 through August 31, 2008, with option for two additional one-year renewals.

Affiliated Computer Services, Inc. d/b/a ACS Unclaimed Property Clearinghouse, 260 Franklin Street, 11th Floor, Boston, Massachusetts 02110. The term of the contract is December 14, 2007 through August 31, 2008, with option for two additional one-year renewals.

The total amount of each contract is based on a percentage of the cash value of net unclaimed property received by Comptroller as a result of an audit.

TRD-200801330

Pamela Smith

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: March 6, 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, 303.005, and 303.009, Texas Finance Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 03/10/08 - 03/16/08 is 18% for Consumer¹ /Agricultural/Commercial²/credit through $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 03/10/08 - 03/16/08 is 18% for Commercial over $250,000.

The monthly ceiling as prescribed by §303.005³ for the period of 03/01/08 - 03/31/08 is 18% for Consumer/Agricultural/Commercial/credit through $250,000.

The monthly ceiling as prescribed by §303.005 for the period of 03/01/08 - 03/31/08 is 18% for Commercial over $250,000.

¹Credit for personal, family or household use.

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

³For variable rate commercial transactions only.

TRD-200801327

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: March 5, 2008

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

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 03/17/08 - 03/23/08 is 18% for Consumer¹ /Agricultural/Commercial²/credit through $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 03/17/08 - 03/23/08 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-200801377

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: March 10, 2008

Order Amending Texas Rules of Evidence and Appellate Procedure

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

Misc. Docket No. 08-100

It is hereby ORDERED that:

1. Pursuant to Texas Government Code §§22.108 and 22.109, the Texas Rules of Evidence and the Texas Rules of Appellate Procedure are amended as follows.

2. Comments on these revisions may be submitted to the Court of Criminal Appeals in writing on or before June 30, 2008.

3. These amended rules, with any changes made after public comments are received, take effect September 1, 2008.

4. The Clerk is directed to:

a. file a copy of this Order with the Secretary of State;

b. cause a copy of this Order to be mailed to each registered member of the State Bar of Texas by publication in the Texas Bar Journal;

c. send a copy of this Order to each elected member of the Legislature before December 1, 2008; and

d. submit a copy of this Order for publication in the Texas Register.

SIGNED AND ENTERED this 4th day of March, 2008.

__________________________________________

Sharon Keller, Presiding Judge

__________________________________________

Lawrence E. Meyers, Judge

__________________________________________

Tom Price, Judge

__________________________________________

Paul Womack, Judge

__________________________________________

Cheryl Johnson, Judge

__________________________________________

Michael Keasler, Judge

__________________________________________

Barbara Hervey, Judge

__________________________________________

Charles Holcomb, Judge

__________________________________________

Cathy Cochran, Judge

TEXAS RULES OF EVIDENCE

Rule 503. Lawyer-Client Privilege

(a) Definitions. [no change]

(b) Rules of Privilege. General Rule of Privilege. (1) General rule of privilege. A client has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purpose of facilitating the rendition of professional legal services to the client:

(1) (A) between the client or a representative of the client and the client's lawyer or a representative of the lawyer;

(2) (B) between the lawyer and the lawyer's representative;

(3) (C) by the client or a representative of the client, or the client's lawyer or a representative of the lawyer, to a lawyer or a representative of a lawyer representing another party in a pending action and concerning a matter of common interest therein;

(4) (D) between representatives of the client or between the client and a representative of the client; or

(5) (E) among lawyers and their representatives representing the same client.

(2) Special rule of privilege in criminal cases. In criminal cases, a client has a privilege to prevent the lawyer or lawyer's representative from disclosing any other fact which came to the knowledge of the lawyer or the lawyer's representative by reason of the attorney-client relationship.

(c) Who May Claim the Privilege. [no change]

(d) Exceptions. [no change]

Comment to 2008 changes: This rule governs only the lawyer-client privilege. The deletion of former Rule 503(b)(2) [Special rule of privilege in criminal cases] is not intended to restrict the scope of either the work-product doctrine or the lawyer's professional duty not to reveal the confidential information of a client. See Texas Disciplinary Rule of Professional Conduct 1.05.

TEXAS RULES OF APPELLATE PROCEDURE

8.1 Notice of Bankruptcy. Any party may file a notice that a party is in bankruptcy. The notice must contain:

(a) the bankrupt party's name;

(b) the court in which the bankruptcy proceeding is pending;

(c) the bankruptcy proceeding's style and case number; and

(d) the date when the bankruptcy petition was filed. ; and

(e) an authenticated copy of the page or pages of the bankruptcy petition that show when the petition was filed.

Comment to 2008 change: The amendment eliminates the former requirement that the bankruptcy notice contain certain pages of the bankruptcy petition, in recognition that electronic filing is now prevalent in bankruptcy courts and access to bankruptcy petitions is widely available through the federal PACER system.

Rule 9. Papers Generally

9.3 Number of Copies

(b) Supreme Court and Court of Criminal Appeals. Except as otherwise provided in this rule, a A party must file the original and 11 copies of any document addressed to either the Supreme Court or the Court of Criminal Appeals . In the Supreme Court, only an original and two copies of a motion for extension of time or a response to the motion must be filed. , except that In the Court of Criminal Appeals, only the original of the following must be filed in the Court of Criminal Appeals :

(1) a motion for extension of time or a response to the motion; or

(2) a pleading under Code of Criminal Procedure article 11.07.

9.8 Protection of Minor Child's Identity in Appellate Proceedings Following Parental-Rights Termination Proceedings or Juvenile Court Proceedings

(a) Redaction of Minors' Names Generally Required in Appellate Briefing and Opinions.

(1) In an appeal or original proceeding following a trial at which the termination of parental rights was at issue, a minor child shall be identified only by one or more initial letters of the minor's name or by a fictitious name in any papers-except a docketing statement-submitted to an appellate court, or in any opinion issued by an appellate court, unless the court orders otherwise.

(2) In an appeal or original proceeding following trial proceedings under Title 3 of the Family Code, a minor child shall be identified only by one or more initial letters of the minor's name or by a fictitious name in any papers-except a docketing statement-submitted to an appellate court, or in any opinion issued by an appellate court.

(b) Redaction of Parents' Names.

(1) In an appeal or original proceeding described in paragraph (a)(1), an appellate court may substitute in an opinion, and may order parties and amici curiae to substitute in any papers submitted to the appellate court, one or more initial letters or a fictitious name for the name of a minor child's parent or other family member if the court determines that such substitution is necessary to protect the minor child's identity.

(2) In an appeal or original proceeding described in paragraph (a)(2), an appellate court must substitute in an opinion, and parties and amici curiae must substitute in any papers submitted to the appellate court, one or more initial letters or a fictitious name for the name of a minor child's parent or other family member.

(c) Redaction of Children's Names In Copies of Appendix Items. In an appeal or original proceeding described in paragraph (a)(1) or (a)(2), for any necessary or optional appendix items to be included with a brief, petition, or motion, copies of any appendix items containing the name of a minor child shall be redacted so that the minor is identified only by one or more initial letters of the minor's name or by a fictitious name.

(d) Redaction of Parents' Names In Copies of Appendix Items.

(1) In an appeal or original proceeding described in paragraph (a)(1), an appellate court may order the substitution of initials or a fictitious name for the name of a minor child's parents or other family members in any necessary or optional appendix items to be included with a brief, petition, or motion if the court determines that such substitution is necessary to protect the minor child's identity.

(2) In an appeal or original proceeding described in paragraph (a)(2), parties and amici curiae must substitute initials or a fictitious name for the name of a minor child's parents or other family members in any necessary or optional appendix items to be included with a brief, petition, or motion.

(e) No Alteration of Appellate Record. Nothing in this rule authorizes alteration of the original appellate record except as specifically authorized by court order.

Comment to 2008 change: This is a new rule. Family Code §109.002(d) authorizes appellate courts, in their opinions, to identify parties to suits affecting the parent-child relationship (SAPCR) by fictitious names or by initials only. This law allows courts to protect the privacy interests of minor children involved in SAPCR proceedings, including suits to terminate parental rights. Similarly, Family Code §56.01(j) prohibits identification of a minor child or his family in an appellate opinion related to juvenile court proceedings. However, as appellate briefing becomes more widely available through electronic media sources, appellate courts' efforts to protect minor children's privacy by disguising their identities in appellate opinions may be defeated if the same children are fully identified in briefs and other court papers available to the public. The rule provides for the use of initials or fictitious names to protect the identity of a minor child following a parental-rights termination proceeding or juvenile court proceeding. Any fictitious name used for a parent or child should not be pejorative or suggest the person's true identity. The rule does not limit an appellate court's authority to disguise parties' identities in appropriate circumstances in other cases.

Rule 10. Motions in the Appellate Court

10.1 Contents of Motions; Response

(a) Motion. Unless these rules prescribe another form, a party must apply by motion for an order or other relief. The motion must:

(5) in civil cases, except for motions for rehearing and motions for en banc reconsideration of panel decisions, contain or be accompanied by a certificate stating that the filing party conferred or made a reasonable attempt to confer with other parties about the merits of the motion and whether those parties oppose the motion.

10.2 Evidence on Motions. A motion need not be verified unless it depends on the following types of facts, in which case the motion must be supported by affidavit or other satisfactory evidence. The types of facts requiring proof are those that are:

(a) not in the record;

(b) not within the court's knowledge in its official capacity; or and

(c) not within the personal knowledge of the attorney signing the motion.

Comment to 2008 change: It is presumed that non-movants will oppose the relief sought in motions for rehearing and motions for en banc reconsideration. To encourage consistent application of the certificate-of-conference requirement, Rule 10.1(a)(5) is amended - and Rule 49.11 is added - to exempt those motions from the certificate requirement.

Rule 19. Plenary Power of the Courts of Appeals and Expiration of Term

19.1 Plenary Power of Courts of Appeals. A court of appeals' plenary power over its judgment expires:

(a) 60 days after judgment if no timely filed motion to extend time or motion for rehearing , timely filed motion for en banc reconsideration, or timely filed motion to extend time to file a motion for rehearing or for en banc reconsideration is then pending.

(b) 30 days after the court overrules all timely filed motions for rehearing, including all timely filed motions for en banc reconsideration of a panel's decision under Rule 49. 7 6 , and all timely motions to extend time to file a motion for rehearing or a motion for en banc reconsideration .

Comment to 2008 change: The provisions of Rule 19 governing the courts of appeals' plenary power are revised in conjunction with the amendments to Rules 49 and 53.7 concerning motions for en banc reconsideration.

Rule 20. When Party Is Indigent

20.1 Civil Cases

(a) Establishing indigence. A party who cannot pay the costs in an appellate court may proceed without advance payment of costs if:

(1) the party files an affidavit of indigence in compliance with this rule;

(2) the claim of indigence is not contested, is not contestable, or if contested, the contest is not sustained by written order; and

(3) the party timely files a notice of appeal.

(b) Contents of affidavit. The affidavit of indigence must identify the party filing the affidavit and must state what amount of costs, if any, the party can pay. The affidavit must also contain complete information about:

(12) if applicable, the party's lack of the skill and access to equipment necessary to prepare the appendix, as required by Rule 38.5(d).

(c) TAJF Certificate. If the appellant proceeded in the trial court without payment of fees pursuant to an Interest on Lawyers Trust Accounts (IOLTA) or other Texas Access to Justice Foundation (TAJF) certificate, an additional TAJF certificate may be filed in the appellate court confirming that the TAJF-funded program rescreened the party for income eligibility under TAJF income guidelines after entry of the trial court's judgment. A party's affidavit of inability accompanied by an attorney's TAJF certificate may not be contested.

(c) (d) When and Where Affidavit Filed.

(1) Appeals. An appellant must file the affidavit of indigence in the trial court with or before the notice of appeal. The prior filing of an affidavit of indigence in the trial court pursuant to Rule 145 does not meet the requirements of this rule, which requires a separate affidavit and proof of current indigence. An appellee who is required to pay part of the cost of preparation of the record under Rule 34.5(b)(3) or 34.6(c)(3) must file an affidavit of indigence in the trial court within 15 days after the date when the appellee becomes responsible for paying that cost.

(3) Extension of time. The appellate court may extend the time to file an affidavit if, within 15 days after the deadline for filing the affidavit, the party files in the appellate court a motion complying with Rule 10.5(b). But the appellate court may not dismiss the appeal or affirm the trial court's judgment on the ground that the appellant has failed to file an affidavit or a sufficient affidavit of indigence unless the court has first provided the appellant notice of the deficiency and a reasonable time to remedy it.

(d) (e) Duty of Clerk.

(1) Trial court clerk. If the affidavit of indigence is filed with the trial court clerk under ( c d )(1), the clerk must promptly send a copy of the affidavit to the appropriate court reporter.

(2) Appellate court clerk. If the affidavit of indigence is filed with the appellate court clerk under (c)(2) and if the filing party is requesting the preparation of a record, the appellate court clerk must:

(A) send a copy of the affidavit to the trial court clerk and the appropriate court reporter; and

(B) send to the trial court clerk, the court reporter, and all parties, a notice stating the deadline for filing a contest to the affidavit of indigence.

(e) (f) Contest to affidavit. The clerk, the court reporter, the court recorder, or any party may challenge the claim of indigence an affidavit that is not accompanied by a TAJF certificate by filing - in the court in which the affidavit was filed - a contest to the affidavit of indigence. The contest must be filed on or before the date set by the clerk if the affidavit was filed in the appellate court, or within 10 days after the date when the affidavit was filed if the affidavit was filed in the trial court. The contest need not be sworn.

(f) (g) No contest filed. [no change to rule text]

(g) (h) Burden of proof. [no change to rule text]

(h) (i) Decision in appellate court. [no change to rule text]

(i) (j) Hearing and decision in the trial court. [no change to rule text]

(j) (k) Record to be prepared without payment. [no change to rule text]

(k) (l) Partial payment of costs. [no change to rule text]

(l) (m) Later ability to pay. [no change to rule text]

(m) (n) Costs defined. [no change to rule text]

Comment to 2008 changes: Rule 20 is revised to clarify that an affidavit of indigence filed during trial is insufficient to establish indigence on appeal; a separate affidavit must be filed with or before the notice of appeal. The amended rule also provides that an appellate court must give an appellant who fails to file a proper appellate indigence affidavit notice of the defect and an opportunity to cure it before dismissing the appeal or affirming the judgment on that basis. See Higgins v. Randall County Sheriff's Office, 193 S.W.3d 898 (Tex. 2006). As amended, Rule 20 mirrors Tex. R. Civ. P. 145 by providing that an appellate indigence affidavit accompanied by an IOLTA or other Texas Access to Justice Foundation (TAJF) certificate is not subject to challenge. In Rule 20.1(e)(2) (formerly (d)(2)), the limiting phrase "under (c)(2)" is deleted to clarify that the appellate clerk's duty to forward copies of the affidavit to the trial court clerk and the court reporter, along with a notice setting a deadline to contest the affidavit, applies to affidavits on appeal erroneously filed in the appellate court, not only to affidavits in other appellate proceedings properly filed in the appellate court under 20.1(c)(2).

Rule 24. Suspension of Enforcement of Judgment Pending Appeal in Civil Cases

24.2 Amount of Bond, Deposit or Security

(c) Determination of Net Worth

(1) Judgment Debtor's Affidavit Required; Contents; Prima Facie Evidence. A judgment debtor who provides a bond, deposit, or security under (a)(1)( a A ) in an amount based on the debtor's net worth must simultaneously file with the trial court clerk an affidavit that states the debtor's net worth and states complete, detailed information concerning the debtor's assets and liabilities from which net worth can be ascertained. The affidavit is prima facie evidence of the debtor's net worth. A trial court clerk must receive and file a net worth affidavit tendered for filing by a judgment debtor.

(2) Contest; Discovery. A judgment creditor may file a contest to the debtor's claimed affidavit of net worth. A net worth affidavit filed with the trial court clerk and in compliance with Rule 24.2(c)(1) is prima facie evidence of the debtor's net worth for the purpose of establishing the amount of the bond, deposit, or security required to suspend enforcement of the judgment. The contest need not be sworn. The creditor may conduct reasonable discovery concerning the judgment debtor's net worth.

(3) Hearing; Burden of Proof; Findings; Additional Security . The trial court must hear a judgment creditor's contest of the judgment debtor's claimed net worth promptly after any discovery has been completed. The judgment debtor has the burden of proving net worth. The trial court must issue an order that states the debtor's net worth and states with particularity the factual basis for that determination. If the trial court orders additional or other security to supersede the judgment, the enforcement of the judgment will be suspended for twenty days after the trial court's order. If the judgment debtor does not comply with the order within that period, the judgment may be enforced against the judgment debtor.

24.4 Appellate Review

(a) Motions; Review. On a party's motion to the appellate court, that court may review:

(5) the trial court's exercise of discretion under Rule 24.3(a).

(d) Filing in Appellate Court. A motion filed under paragraph (a) should be filed in the court of appeals having potential appellate jurisdiction over the underlying judgment. The court of appeals' ruling is subject to review on petition for writ of mandamus to the Texas Supreme Court.

(d) (e) Action by Appellate Court. [no change to rule text]

(e) (f) Effect of Ruling. [no change to rule text]

Comment to 2008 changes: Rule 24.2(c)(3) is amended to provide procedural guidance when the trial court orders additional security to supercede the judgment. New Rule 24.4(d) is added to clarify that an appellate motion seeking relief from a supersedeas order should be filed in the court of appeals that presumably will have jurisdiction when appeal of the underlying case is perfected. The same provision also specifies that a petition for writ of mandamus is the proper procedural vehicle to seek Supreme Court review of a court of appeals' ruling on a supersedeas motion. See In re Smith / In re Main Place Custom Homes, Inc., 192 S.W.3d 564, 568 (Tex. 2006) (per curiam).

Rule 26. Time to Perfect Appeal

26.2. Criminal Cases

(b) By the State. The notice of appeal must be filed within 15 20 days after the day the trial court enters the order, ruling, or sentence to be appealed.

Rule 28. Accelerated Appeals in Civil Cases

28.1 Civil Cases-Appeal As of Right

(a) Types of Accelerated Appeals. Appeals from interlocutory orders (when allowed as of right by statute), appeals in quo warranto proceedings, appeals required by statute to be accelerated or expedited, and appeals required by law to be filed or perfected within less than 30 days after the date of the order or judgment being appealed are accelerated appeals.

(b) Perfection of Accelerated Appeal. Unless a statute expressly prohibits modification or extension of any statutory appellate deadlines, an accelerated appeal is perfected by filing a notice of appeal in compliance with Rule 25 within the time allowed by Rule 26.1(b) or as extended by Rule 26.3, regardless of any statutory deadlines. Filing a motion for new trial, any other post-trial motion, or a request for findings of fact will not extend the time to perfect an accelerated appeal.

(c) Appeals of Interlocutory Orders. The trial court need not, but may - within 30 days after the order is signed - file findings of fact and conclusions of law.

(d) Quo Warranto Appeals. The trial court may grant a motion for new trial timely filed under Texas Rule of Civil Procedure Rule 329b (a) - (b) until 50 days after the trial court's final judgment is signed. If not determined by signed written order within that period, the motion will be deemed overruled by operation of law on expiration of that period.

(e) Record and Briefs. In lieu of the clerk's record, the appellate court may hear an accelerated appeal on the original papers forwarded by the trial court or on sworn and uncontroverted copies of those papers. The appellate court may allow the case to be submitted without briefs. The deadlines and procedures for filing the record and briefs in an accelerated appeal are provided in Rules 35.1 and 38.6.

28.2 Agreed Interlocutory Appeals in Civil Cases

(a) Perfecting appeal. To perfect an appeal of an interlocutory order under Civil Practice and Remedies Code §51.014(d), a party to the trial court proceeding must:

(1) file a notice of accelerated appeal with the trial court clerk not later than the 20th day after the date the trial court signs a written order granting permission to appeal, unless the court of appeals extends the time for filing pursuant to Rule 26.3;

(2) file with the clerk of the appellate court a copy of the notice of accelerated appeal, as specified in Rule 25.1, and a docketing statement, as specified in Rule 32.1;

(3) pay to the clerk of the appellate court all required fees authorized to be collected by the clerk; and

(4) serve a copy of the notice of accelerated appeal on all parties to the trial court proceeding.

(b) Contents of Notice. The notice of accelerated appeal must contain, in addition to the items required by Rule 25.1(d), the following:

(1) a list of the names of all parties to the trial court proceeding and the names, addresses and telefax numbers of all trial and appellate counsel;

(2) a copy of the trial court's order granting permission to appeal;

(3) a copy of the trial court order appealed from;

(4) a statement that all parties to the trial court proceeding agreed to the trial court's order granting permission to appeal;

(5) a statement that all parties to the trial court proceeding agreed that the order granting permission to appeal involves a controlling question of law as to which there is a substantial ground for difference of opinion;

(6) a brief statement of the issues or points presented; and

(7) a concise explanation of how an immediate appeal may materially advance the ultimate termination of the litigation.

(c) Jurisdiction. If the court of appeals determines that a notice of appeal filed under this section does not demonstrate the court's jurisdiction, it may order the appellant to file an amended notice of appeal. The court of appeals may also, on a party's motion or its own motion, order the appellant or any other party to file briefing addressing whether the appeal satisfies the criteria specified in Civil Practice and Remedies Code §51.014(d), and may require the parties to file supporting evidence. If, after providing an opportunity to file an amended notice of appeal or briefing addressing potential jurisdictional defects, the court of appeals concludes that jurisdictional defects exist, it may dismiss the appeal for want of jurisdiction at any stage of the appeal.

(d) Record; briefs. The rules governing the filing of the appellate record and briefs in accelerated appeals apply. A party may address in its brief any issues related to the court of appeals' jurisdiction, including whether the appeal satisfies the criteria specified in Civil Practice and Remedies Code §51.014(d).

(e) No automatic stay of proceedings in trial court. An appeal under Civil Practice and Remedies Code §51.014(d) does not stay proceedings in the trial court unless the parties agree to - and the trial court, the court of appeals, or a justice of the court of appeals orders - a stay of the proceedings.

Comment to 2008 changes: The provisions of prior Rule 28 are amended and reorganized as new Rule 28.1 to more clearly define accelerated appeals and provide a uniform appellate timetable. Many statutes provide for accelerated or expedited appellate timetables, including, among others, appeals of final judgments in a suit in which termination of the parent-child relationship is in issue as provided in Family Code §109.002. Unless a statute expressly prohibits rulemaking that would alter a statutory appellate deadline, Rule 28 is made expressly applicable to all such appeals.

New Rule 28.2 is added to provide procedures governing an appeal of an interlocutory order under Civil Practice and Remedies Code §51.014(d). The Legislature deleted former subsection (f) of §51.014 in 2005, eliminating the provision that gave the court of appeals discretion as to whether to permit an agreed appeal. New Rule 28.2 reflects the statutory procedure as modified by the 2005 amendment.

Rule 29. Orders Pending Interlocutory Appeal in Civil Cases

29.5. Further Proceedings in Trial Court. While appeal from an interlocutory order is pending, the trial court retains jurisdiction of the case and unless prohibited by statute may make further orders, including one dissolving the order complained of on appeal. appealed from, and i I f permitted by law, the trial court may proceed with a trial on the merits. But the court must not make an order that:

(a) is inconsistent with any appellate court temporary order; or

(b) interferes or impairs the jurisdiction of the appellate court or effectiveness of any relief sought or that may be granted on appeal.

Comment to 2008 changes: Rule 29.5 is amended to correspond with Civil Practice and Remedies Code §51.014(b), as amended in 2003, staying all proceedings in the trial court pending resolution of interlocutory appeals of class certification orders, denials of summary judgments based on assertions of immunity by governmental officers or employees, and orders granting or denying a governmental unit's plea to the jurisdiction.

Rule 38. Requisites of Briefs

38.1 Appellant's Brief. The appellant's brief must, under appropriate headings and in the order here indicated, contain the following:

(a) Identity of parties and counsel. The brief must give a complete list of all parties to the trial court's judgment or order appealed from, and the names and addresses of all trial and appellate counsel , except as otherwise provided in Rule 9.8.

(e) Statement Regarding Oral Argument. The brief may include a statement explaining why oral argument should, or should not, be permitted. Any such statement must not exceed one page and should address how the court's decisional process would, or would not, be aided by oral argument. As required by Rule 39.7, any party requesting oral argument must note that request on the front cover of its brief.

(e) (f) Issues Presented. [no change to rule text]

(f) (g) Statement of Facts. [no change to rule text]

(g (h) Summary of the Argument. [no change to rule text]

(h) (i) Argument. [no change to rule text]

(i) (j) Prayer. [no change to rule text]

(j) (k) Appendix in Civil Cases. [no change to rule text]

38.4 Length of Briefs. An appellant's brief or appellee's brief must be no longer than 50 pages, exclusive of the pages containing the identity of parties and counsel, any statement regarding oral argument, the table of contents, the index of authorities, the statement of the case, the issues presented, the signature, the proof of service, and the appendix.

Comment to 2008 changes: Rule 38 is amended to provide for an optional statement regarding oral argument in an appellant's or appellee's brief. The optional statement is limited to one page, which does not count toward the briefing page limit.

Rule 39. Oral Argument; Decision Without Argument

39.1 Right to Oral Argument. Except as provided in 39.8, a A ny party who has filed a brief and who has timely requested oral argument may argue the case to the court when the case is called for argument. before a panel of three justices unless the court, after examining the briefs, decides that oral argument is unnecessary for any of the following reasons:

(1) the appeal is frivolous;

(2) the dispositive issue or issues have been authoritatively decided;

(3) the facts and legal arguments are adequately presented in the briefs and record; or

(4) the decisional process would not be significantly aided by oral argument.

39.8 Cases Advanced Without Oral Argument. In its discretion, the court of appeals may decide a case without oral argument if argument would not significantly aid the court in determining the legal and factual issues presented in the appeal.

39. 9 8 Clerk's Notice. [no change to rule text]

Comment to 2008 changes: Rule 39 is amended to modify the procedures for determining whether oral argument will be heard in a particular case. The amended rule provides for oral argument unless the court determines it to be unnecessary. The rule lists four reasons for denying oral argument, modeled on Federal Rule of Appellate Procedure 34(a)(2); however, the members of the court need not agree on, and generally should not announce, a specific reason or reasons for declining oral argument.

Rule 41. Panel and En Banc Decision

41.1 Decision by Panel

(b) When Panel Cannot Agree on Judgment. After argument, if for any reason a member of the panel cannot participate in deciding a case, the case may be decided by the two remaining justices. If they cannot agree on a judgment, the chief justice of the court of appeals must designate another justice of the court to sit on the panel to consider the case, request the temporary assignment by the Chief Justice of the Supreme Court of a court of appeals justice from another court of appeals, a retired or former appellate justice or appellate judge who is qualified for appointment by law, or an active district court judge to sit on the panel to consider the case, or convene the court en banc to consider the case. The reconstituted panel or the en banc court may order the case reargued.

(c) When Court Cannot Agree on Judgment. After argument, if for any reason a member of a court consisting of only three justices cannot participate in deciding a case, the case may be decided by the two remaining justices. If they cannot agree on a judgment, that fact must be certified to the Chief Justice of the Supreme Court. The Chief Justice may then temporarily assign a justice of another court of appeals , or a qualified retired or former appellate justice or appellate judge who is qualified for appointment by law, or an active district court judge to sit with the court of appeals to consider the case. The reconstituted court may order the case reargued.

41.2 Decision by En Banc Court

(b) When En Banc Court Cannot Agree on Judgment. If a majority of an en banc court cannot agree on a judgment, that fact must be certified to the Chief Justice of the Supreme Court. The Chief Justice may then temporarily assign a justice of another court of appeals , or a qualified retired or former appellate justice or appellate judge who is qualified for appointment by law, or an active district court judge to sit with the court of appeals to consider the case. The reconstituted court may order the case reargued.

41.3 Precedent in Transferred Cases. In cases transferred by the Supreme Court from one court of appeals to another, the court of appeals to which the case is transferred must decide the case in accordance with the precedent of the transferor court under principles of stare decisis if the transferee court's decision otherwise would have been inconsistent with the precedent of the transferor court. The court's opinion may state whether the outcome would have been different had the transferee court not been required to decide the case in accordance with the transferor court's precedent.

Comment to 2008 changes: Rules 41.1 and 41.2 are amended to reflect the 2003 legislative amendment adding subsection (h) to Government Code §74.003, which authorizes the Chief Justice of the Supreme Court to temporarily assign an active district court judge to hear a matter pending in an appellate court. The statutory provisions governing the assignment of judges to appellate courts are located in chapters 74 and 75 of the Government Code. Other minor changes are made for consistency.

New Rule 41.3 is added to require, in appellate cases transferred by the Supreme Court under Government Code §73.001 for docket equalization or other purposes, that the transferee court must generally resolve any conflict between the precedent of the transferor court and the precedent of the transferee court (or that of any other intermediate appellate court the transferee court otherwise would have followed) by following the precedent of the transferor court, unless it appears that the transferor court itself would not be bound by that precedent. The rule requires the transferee court to "stand in the shoes" of the transferor court so that an appellate transfer will not produce a different outcome, based on application of substantive law, than would have resulted had the case not been transferred. However, the transferee court is not expected to follow the local rules of the transferor court or otherwise supplant its own local procedures with those of the transferor court.

Rule 47. Opinions, Publication, and Citation

47.2 Designation and Signing of Opinions; Participating Justices.

(a) Civil and Criminal Cases. A majority of the justices who participate in considering the case must determine whether the opinion will be signed by a justice or will be per curiam and whether it will be designated an opinion or memorandum opinion. The names of the participating justices must be noted on all written opinions or orders of the court or a panel of the court.

(b) Criminal Cases. In addition, each opinion and memorandum opinion in a criminal case must bear the notation "publish" or "do not publish" as determined - before the opinion is handed down-by a majority of the justices who participate in considering the case. Any party may move the appellate court to change the notation, but the court of appeals must not change the notation after the Court of Criminal Appeals has acted on any party's petition for discretionary review or other requests for relief. The Court of Criminal Appeals may, at any time, order that a "do not publish" notation be changed to "publish."

(c) Civil Cases. Opinions and memorandum opinions in civil cases issued on or after January 1, 2003 shall not be designated "do not publish."

47.7 Citation of Unpublished Opinions.

(a) Criminal Cases. Opinions and memorandum opinions not designated for publication by the court of appeals under these or prior rules have no precedential value but may be cited with the notation, "(not designated for publication)."

(b) Civil Cases. Opinions and memorandum opinions designated "do not publish" under these rules by the court of appeals prior to January 1, 2003 have no precedential value but may be cited with the notation, "(not designated for publication)." If an opinion or memorandum opinion issued on or after that date is erroneously designated "do not publish," the erroneous designation will not affect the precedential value of the decision.

Comment to 2008 changes: Effective January 1, 2003, Rule 47 was amended to discontinue in civil cases, on a prospective basis, the practice of allowing courts of appeals to designate opinions as either "published" or "unpublished." Rule 47.7 was amended to eliminate the prior prohibition against citing unpublished opinions and to clarify that, in civil cases, only unpublished opinions issued prior to the 2003 amendment would lack precedential value, because following the 2003 amendment such cases were not to be designated either as published or unpublished. But the phrase "opinions not designated for publication," which was intended to apply only to opinions affirmatively designated "do not publish," could be misread as suggesting that all opinions in civil cases published after 2002 - none of which should be affirmatively designated for publication - lack precedential value. The 2008 amendments clarify that, with respect to civil cases, only opinions issued prior to the 2003 amendment and affirmatively designated "do not publish" should be considered "unpublished" cases lacking precedential value. The provisions governing citation of unpublished opinions in criminal cases are substantively unchanged; Rules 47.2 and 47.7 are amended to clarify that memorandum opinions are subject to those rules.

Rule 49. Motion and Further Motion for Rehearing and En Banc Reconsideration

49.1 Motion for Rehearing. A motion for rehearing may be filed within 15 days after the court of appeals' judgment or order is rendered. The motion must clearly state the points relied on for the rehearing. After a motion for rehearing is decided, another motion for rehearing may be filed within 15 days of the court's action only if the court:

(a) modifies its judgment;

(b) vacates its judgment and renders a new judgment; or

(c) issues an opinion in overruling a motion for rehearing.

49.5 Further Motion for Rehearing. After a motion for rehearing is decided, a further motion for rehearing may be filed within 15 days of the court's action if the court:

(a) modifies its judgment;

(b) vacates its judgment and renders a new judgment; or

(c) issues an opinion in overruling a motion for rehearing.

49. 6 5 Amendments. A motion for rehearing or a motion for en banc reconsideration may be amended as a matter of right anytime before the 15-day period allowed for filing the motion expires, and with leave of the court, anytime before the court of appeals decides the motion.

49. 7 6 En Banc Reconsideration. A party may file a motion for en banc reconsideration, as a separate motion, with or without filing a motion for rehearing, within 15 days after the court of appeals' judgment or order is rendered. Alternatively, a motion for en banc reconsideration may be filed by a party no later than 15 days after the overruling of the same party's last timely filed motion for rehearing. While the court has plenary power, as provided in Rule 19, a majority of the en banc court may, with or without a motion, order en banc reconsideration of a panel's decision. If a majority orders reconsideration, the panel's judgment or order does not become final, and the case will be resubmitted to the court for en banc review and disposition.

49. 8 7 Extension of Time. A court of appeals may extend the time for filing a motion for rehearing or a further motion for rehearing motion for en banc reconsideration if a party files a motion complying with Rule 10.5(b) no later than 15 days after the last date for filing the motion.

49. 9 8 Not Required for Review. A motion for rehearing is not required to preserve error and is not a prerequisite to filing:

(a) a motion for en banc reconsideration as provided by Rule 49.6;

(b) a petition for review in the Supreme Court ; or

(c) a petition for discretionary review in to the Court of Criminal Appeals nor is it required to preserve error .

49. 10 9 Length of Motion and Response. A motion or response must be no longer than 15 pages.

49.10 Relationship to Petition for Review. A party may not file a motion for rehearing in the court of appeals after that party has filed a petition for review in the Supreme Court unless the court of appeals modifies its opinion or judgment after the petition for review is filed. The filing of a petition for review does not preclude another party from filing a motion for rehearing or the court of appeals from ruling on the motion. If a motion for rehearing is timely filed after a petition for review is filed, the petitioner must immediately notify the Supreme Court clerk of the filing of the motion, and must notify the clerk when the last timely filed motion is overruled by the court of appeals.

49.11 Certificate of Conference Not Required. A certificate of conference is not required for a motion for rehearing or for a motion for en banc reconsideration of a panel's decision.

Comment to 2008 changes: Rule 49 is revised in several respects. Former Rule 49.5 is relocated to Rule 49.1, which omits the former rule's "further" motion language but retains its provisions limiting the circumstances in which another rehearing motion can be filed. Former Rule 49.7, now Rule 49.6, is amended to include procedures governing the filing a motion for en banc reconsideration. New Rule 49.10 consists of those provisions of former Rule 53.7(b) that address motions for rehearing; the provisions of Rule 53.7(b) that address petitions for review are retained. New Rule 49.11 mirrors Rule 10.1(a)(5)'s new provision exempting motions for rehearing and motions for en banc reconsideration from the certificate-of-conference requirement.

Rule 50. Reconsideration on Petition for Discretionary Review

Within 60 30 days after a petition for discretionary review is has been filed with the clerk of the court of appeals that delivered the decision, a majority of the justices who participated in the decision may , as provided by subsection (a), summarily reconsider and correct or modify the court's opinion or judgment. Within the same period of time, any of the justices who participated in the decision may issue a concurring or dissenting opinion.

(a) If the court's original opinion or judgment is corrected or modified, that the original opinion or judgment is must be withdrawn and the modified or corrected opinion or judgment is must be substituted as the opinion or judgment of the court. No further opinions may be issued by the court of appeals. The original petition for discretionary review is not dismissed by operation of law , unless the filing party files a new petition in the court of appeals. In the alternative, the petitioning party shall submit to the court of appeals copies of the corrected or modified opinion or judgment as an amendment to the original petition.

(b) Any party may then file with the court of appeals a new petition for discretionary review seeking review of the corrected or modified opinion or judgment , including any dissents or concurrences, under Rule 68.2.

Rule 52. Original Proceedings

52.3 Form and Contents of Petition. All factual statements in the petition must be verified by affidavit made on personal knowledge by an affiant competent to testify to the matters stated. The petition must, under appropriate headings and in the order here indicated, contain the following:

(d) Statement of the Case. The petition must contain a statement of the case that should seldom exceed one page and should not discuss the facts. The statement must contain the following:

(5) if the petition is filed in the Supreme Court after a petition requesting the same relief was filed in the court of appeals:

(D) the citation of the court's opinion , if available, or a statement that the opinion was unpublished ;

(g) Statement of Facts. The petition must state concisely and without argument the facts pertinent to the issues or points presented. Every statement of fact in the petition must be supported by citation to competent evidence included in The statement must be supported by references to the appendix or record.

(j) Certification. The person filing the petition must certify that he or she has reviewed the petition and concluded that every factual statement in the petition is supported by competent evidence included in the appendix or record.

(j) (k) Appendix. [no change to rule text]

52.6 Length of Petition, Response, and Reply. Excluding those pages containing the identity of parties and counsel, the table of contents, the index of authorities, the statement of the case, the statement of jurisdiction, the issues presented, the signature, the proof of service, the certification, and the appendix, the petition and response must not exceed 50 pages each if filed in the court of appeals, or 15 pages each if filed in the Supreme Court. A reply may be no longer than 25 pages if filed in the court of appeals or 8 pages if filed in the Supreme Court, exclusive of the items stated above. The court may, on motion, permit a longer petition, response, or reply.

Comment to 2008 changes: Rule 47 was amended effective January 1, 2003 to eliminate in civil cases, on a prospective basis, the former distinction between "published" and "unpublished" decisions. Rule 52.3(d)(5)(D) is now amended to recognize that an opinion in a civil appeal decided after 2002 should not be described as "unpublished" in the statement of the case even if the opinion was not published in the South Western Reporter, because Rule 47 no longer authorizes the courts of appeals to designate an opinion in a civil appeal either as "published" or "unpublished." If no South Western Reporter citation is available, a LEXIS or Westlaw citation may be provided.

Rule 52.3 is further amended to delete the requirement of verifying all factual statements by affidavit. Instead, the filer must certify that all factual statements are supported by citation to competent evidence in the appendix or record.

Rule 53. Petition for Review

53.2 Contents of Petition

(d) Statement of the Case. The petition must contain a statement of the case that should seldom exceed one page and should not discuss the facts. The statement must contain the following:

(8) the citation for the court of appeals' opinion , if available, or a statement that the opinion was unpublished ; and

(9) the disposition of the case by the court of appeals , including the court's disposition of any motions for rehearing or motions for en banc reconsideration. If any motions for rehearing or motions for en banc reconsideration are pending in the court of appeals at the time the petition for review is filed, that information also must be included in the statement of the case.

53.7 Time and Place of Filing

(a) Petition. Unless the Supreme Court for good cause orders an earlier filing deadline, T t he petition must be filed with the Supreme Court within 45 days after the following:

(1) the date the court of appeals rendered judgment, if no motion for rehearing or motion for en banc reconsideration is timely filed; or

(2) the date of the court of appeals' last ruling on all timely filed motions for rehearing and all timely filed motions for en banc reconsideration.

(b) Premature filing. A party may not file a motion for rehearing in the court of appeals after that party has filed a petition for review in the Supreme Court unless the court of appeals modifies its opinion or judgment after the petition for review is filed. The filing of a petition for review does not preclude another party from filing a motion for rehearing or the court of appeals from ruling on the motion. If a motion for rehearing is timely filed after a petition for review is filed, the petitioner must immediately notify the Supreme Court clerk of the filing of the motion, and must notify the clerk when the last timely filed motion is overruled by the court of appeals. A petition filed before the last ruling on all timely filed motions for rehearing and motions for en banc reconsideration is treated as having been filed on the date of, but after, the last ruling on any such motion. If a party files a petition for review while a motion for rehearing or motion for en banc reconsideration is pending in the court of appeals, the party must include that information in its petition for review, as required by Rule 53.2(d)(9).

Comment to 2008 change: Rule 53.7(a) is amended to clarify that (1) the Supreme Court may shorten the time for filing a petition for review, and (2) the timely filing of a motion for en banc reconsideration tolls the commencement of the 45-day period for filing a petition for review until the motion is overruled. Rule 53.2(d)(9) is amended to require a party that prematurely files a petition for review to notify the Supreme Court of any panel rehearing or en banc reconsideration motions still pending in the court of appeals. Rule 53.7(b) is revised to reference this new requirement and to relocate to new Rule 49.10 those provisions governing motions for rehearing. Rule 53.2(d)(8) is amended to delete the outdated reference to unpublished opinions in civil cases, similar to the change made to Rule 52.3(d)(5)(D).

Rule 68. Discretionary Review With Petition

68.7. Court of Appeals Clerk's Duties

(b) Reply. The opposing party has 30 days after the timely filing of the petition in the court of appeals to file a reply to the petition with the clerk of the court of appeals. Upon receiving a reply to the petition, the clerk for the court of appeals must file the reply and note the filing on the docket.

(c) (b) Sending Petition and Reply to Court of Criminal Appeals. Unless a petition for discretionary review is dismissed under Rule 50, the clerk of the court of appeals must, within 60 30 days after the petition is filed, send to the clerk of the Court of Criminal Appeals the petition and any copies furnished by counsel, the reply, if any, and any copies furnished by counsel, together with the record, copies of the motions filed in the case, and copies of any judgments, opinions, and orders of the court of appeals. The clerk need not forward any nondocumentary exhibits unless ordered to do so by the Court of Criminal Appeals.

68.9 Reply

The opposing party has 30 days after the timely filing of the petition in the Court of Criminal Appeals--unless additional time is allowed--to file a reply to the petition with the Clerk of the Court of Criminal Appeals. When a reply is filed or the time for filing a reply has expired, the petition will be treated as submitted to the Court and ready for disposition.

Rule 70. Brief on the Merits

70.3 Brief Contents and Form. Briefs must comply with the requirements of Rule 38, except that they need not contain the appendix (Rule 38.1( j k )). Copies must be served as required by Rule 68.11.

71.3 Briefs. Briefs in a direct appeal should be prepared and filed in accordance with Rule 38, except that the brief need not contain an appendix (Rule 38.1( j k )), and the brief in a case in which the death penalty has been assessed may not exceed 125 pages. All briefs must be filed in the Court of Criminal Appeals. The brief must include a short statement of why oral argument would be helpful, or a statement that oral argument is waived.

TRD-200801384

Louise Pearson

Clerk of the Court

Court of Criminal Appeals

Filed: March 11, 2008

Request for Proposals for Contractor Housing Rehabilitation Services

Overview

The Deep East Texas Council of Governments (DETCOG) is currently releasing bid packets to pre-qualified contractors to provide construction services for emergency repair and rehabilitation of owner-occupied housing units in support of the Hurricane Rita Disaster Relief Program. DETCOG anticipates releasing a minimum of 12 bid packets, each with a minimum of five properties per packet.

Contractors interested in qualifying to receive these bid packets can request a Request for Proposal Packet by contacting:

Holly Anderson, Project Manager

210 Premier Drive

Jasper, TX 75951

Phone: (409) 384-5704, ext 231

Fax: (409) 384-5390

Email: handerson@detcog.org

Contractors must be pre-qualified seven (7) days prior to a bid release in order to have their bids considered. Bid packets will be released on a weekly basis beginning Wednesday, March 5, 2008.

TRD-200801399

Walter G. Diggles, Sr.

Executive Director

Deep East Texas Council of Governments

Filed: March 11, 2008

I. Overview

The Deep East Texas Council of Governments (DETCOG) is now accepting bids for our Highway Information System Project. Bid documents may be picked up at the DETCOG office on 210 Premier Drive, Jasper, Texas 75951 through Wednesday March 26, 2008 at 5:00 p.m.

II. Obtaining Full RFP and Submission Information

The Full RFP can be obtained at http:/detcog.org or by contacting:

Bobbie Stott

Purchasing Officer

Phone: (409) 384-5704 ext. 245

Fax: (409) 384-5390

Email: bstott@detcog.org

Submission is due to DETCOG no later than 3:00 p.m. on March 31, 2008.

TRD-200801394

Walter G. Diggles, Sr.

Executive Director

Deep East Texas Council of Governments

Filed: March 11, 2008

I. Overview

The Deep East Texas Council of Governments (DETCOG) is now accepting bids for our Interoperability Communications Project, for Gateway Antenna Enhancement Project. Bid documents may be picked up at the DETCOG office on 210 Premier Drive, Jasper, Texas 75951 through Wednesday March 26, 2008 at 5:00 p.m.

II. Obtaining Full RFP and Submission Information

The Full RFP can be obtained at http:/detcog.org or by contacting:

Bobbie Stott, Purchasing Officer

Phone (409) 384-5704, ext. 245

Fax (409) 384-5390

E-mail: bstott@detcog.org

Submission is due to DETCOG no later than 3:00 p.m. on March 31, 2008.

TRD-200801395

Walter G. Diggles, Sr.

Executive Director

Deep East Texas Council of Governments

Filed: March 11, 2008

I. Overview.

The Deep East Texas Council of Governments (DETCOG) is now accepting bids for our Multi-Agency Coordination Center Enhancement Project. Bid documents may be picked up at the DETCOG office on 210 Premier Drive, Jasper, Texas 75951 through Wednesday March 26, 2008 at 5:00 p.m.

II. Obtaining Full RFP and Submission Information.

The Full RFP can be obtained at http:/detcog.org or by contacting:

Bobbie Stott, Purchasing Officer

Phone: (409) 384-5704 ext. 245

Fax: (409) 384-5390 Email: bstott@detcog.org

Submission is due to DETCOG no later than 3:00 p.m. on March 31, 2008.

TRD-200801397

Walter G. Diggles, Sr.

Executive Director

Deep East Texas Council of Governments

Filed: March 11, 2008

I. Overview.

The Deep East Texas Council of Governments (DETCOG) is now accepting bids for our VHF Radio Equipment. Bid documents may be picked up at the DETCOG office on 210 Premier Drive, Jasper, Texas 75951 through Wednesday March 26, 2008 at 5:00 p.m.

II. Obtaining Full RFP and Submission Information.

The Full RFP can be obtained at http:/detcog.org or by contacting:

Bobbie Stott, Purchasing Officer

Phone: (409) 384-5704 ext. 245

Fax: (409) 384-5390

Email: bstott@detcog.org

Submission is due to DETCOG no later than 3:00 p.m. on March 31, 2008.

TRD-200801396

Walter G. Diggles, Sr.

Executive Director

Deep East Texas Council of Governments

Filed: March 11, 2008

Request for Proposals #08-242 Management and Operation of Child Care Services

Deep East Texas Local Workforce Development Board, Inc. dba Workforce Solutions Deep East Texas is seeking proposals from qualified organizations to provide the operation and management of child care services to eligible individuals through federal, state, and local funds.

The Deep East Texas Local Workforce Development Board plans, oversees and evaluates employment and training services to Angelina, Jasper, Newton, Nacogdoches, Houston, Trinity, Shelby, Polk, San Augustine, San Jacinto, Sabine and Tyler Counties.

RFP release date: March 12, 2008

Bidder's Conference: 1:00 p.m., March 26, 2008 in the Board Meeting Room at 539 South Chestnut, Suite 300, Lufkin, Texas. Technical assistance will be limited to information at the Bidder's Conference.

Deadline for submission of proposals: 3:00 p.m., April 30, 2008

The RFP is available at www.detwork.org or requests for a copy of the RFP can be made to:

Chris Gaston, Procurement/Contract Manager

Deep East Texas Local Workforce Development Board, Inc.

539 S. Chestnut, Suite 300

Lufkin, Texas 75901

Email: chris.gaston@twc.state.tx.us

Phone: (936) 639-8898 Fax: (936) 633-7491

TRD-200801410

Chris Gaston

Procurement/Contract Manager

Deep East Texas Local Workforce Development Board

Filed: March 12, 2008

Intent to Award

The Texas Council for Developmental Disabilities (TCDD) announces its intent to award funds to The Arc of Texas for a project to support the development of microboards in Texas. TCDD expects to award funds for this project no earlier than 30 days from the date of this posting. Any organizations that believe they can provide similar activities for a better value are invited to submit a proposal to TCDD no later than Monday, April 21, 2008. Any and all proposals submitted that are judged as providing at least comparable value will be invited to submit a full workplan and budget as required by TCDD for review by an independent review panel process. The Council will make a final decision about the proposal offering the best value after considering recommendations from that review process. If no other proposals of similar value are received, TCDD will enter into final negotiations for a project with The Arc of Texas.

Background:

The Arc of Texas submitted a proposal to TCDD consistent with the Council's procedures for considering unsolicited proposals for activities that otherwise implement activities in the TCDD State Plan. The Arc of Texas - Real Life Program Microboards project was established in 2007 with the goal of providing an alternative method of addressing the planning and support needs of people with intellectual and developmental disabilities to enable them to live as they choose in the community while supporting the person-centered planning philosophy. It is believed to be the only program of its kind in Texas currently in operation. The Arc of Texas requested funds from TCDD to expand activities of its microboard program by providing assistance for the development and operation of microboards that become providers of services to individuals with intellectual or developmental disabilities. The Arc of Texas modeled its project after the Tennessee Microboard Association and estimates that Texas will have at least 80 non-profit microboard organizations, each comprised of 5-7 individuals who assist in determining services and supports needed for community living, by the end of the proposed five-year funding period. The Arc of Texas estimates that 30 of these microboards will become providers of HCS and/or CLASS waiver services. TCDD believes this to be a promising practice innovation that is consistent with two objectives in the current TCDD State Plan.

Terms and Funding:

The Arc of Texas microboard project proposal was reviewed and approved for funding by the Council pending the outcome of this notice of intent. The Council authorized funding not to exceed $115,000 per year for the first year, with decreasing amounts for years 2 through 5, with matching funds included per TCDD requirements.

For information regarding this announcement, please contact Patrice A. LeBlanc, Grants Management Director at (512) 437-5435 or email address: patrice.leblanc@tcdd.state.tx.us.

TRD-200801351

Roger Webb

Executive Director

Texas Council for Developmental Disabilities

Filed: March 6, 2008

Public Notice Announcing the Availability of the Proposed Texas Individuals with Disabilities Education Act (IDEA) Eligibility Document: State Policies and Procedures

Purpose and Scope of the Part B Federal Fiscal Year (FFY) 2008 State Application and its Relation to Part B of the Individuals with Disabilities Education Improvement Act (IDEA). As a result of the 2004 amendments to the IDEA, all states must ensure that the state has on file with the Secretary of the U.S. Department of Education assurances that the state meets or will meet all of the eligibility requirements of Part B of the IDEA as amended in 2004 by Public Law 108-446. A state may do this by one of the following methods: (1) providing assurances in the Part B FFY 2008 State Application that it has in effect policies and procedures to meet the requirements of Part B of the IDEA as amended in 2004 by Public Law 108-446; (2) providing assurances in the State Application that the state will operate consistent with all the requirements of Public Law 108-446 and applicable regulations and make such changes to existing policies and procedures as are necessary to bring those policies and procedures into compliance with the requirements of IDEA, as amended, as soon as possible and not later than October 31, 2008; or (3) submitting modifications to state policies and procedures previously submitted to the U.S. Department of Education.

The State of Texas (Texas Education Agency) has chosen to submit a 2008 State Application providing assurances the state will operate consistent with all the requirements of Public Law 108-446 and applicable regulations.

Availability of the State Application. The Proposed State Application is available on the Texas Education Agency (TEA) Special Education web page at http://www.tea.state.tx.us/special.ed/eligdoc/index.html. The Proposed State Application document may be reviewed and/or downloaded from this web page address. In addition, instructions for submitting public comments are also available from the same site. The Proposed State Application document will also be available at the 20 regional education service centers (ESCs) and at the TEA Library (Ground Floor), 1701 North Congress Avenue, Austin, Texas 78701. Parties interested in reviewing the Proposed State Application should contact the TEA Division of IDEA Coordination at (512) 463-9414.

Procedures for Submitting Written Comments About the Proposed State Application. The TEA will accept written comments pertaining to the Proposed State Application by mail to the Texas Education Agency, Division of IDEA Coordination, 1701 North Congress Avenue, Austin, Texas 78701-1494 or by e-mail to sped@tea.state.tx.us.

Timetable for Submitting the Annual State Application Under Part B of the Individuals with Disabilities Education Act as Amended in 2004 for FFY 2008 to the Secretary of Education for Approval. After review and consideration of all public comments, the TEA will make necessary/appropriate modifications and will submit the State Application on or before May 16, 2008.

Further Information. For more information, contact the TEA Division of IDEA Coordination by mail at 1701 North Congress Avenue, Room 6-127, Austin, Texas 78701; by telephone at (512) 463-9414; by fax at (512) 463-9560; or by e-mail at sped@tea.state.tx.us.

TRD-200801406

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: March 12, 2008

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-08-110 from school districts, open-enrollment charter schools, or shared services arrangements of school districts and/or open-enrollment charter schools to provide intensive technology-based supplementary instruction to students in Grades 9-12 identified as being at risk of dropping out of school. A school district or open-enrollment charter school is eligible to apply for funding if the school district or open-enrollment charter school exhibited during each of the three preceding school years characteristics that strongly correlate with high dropout rates, as indicated by an enrollment of at least 50 percent economically disadvantaged students for the preceding three school years. In addition, a school district or open-enrollment charter school must have identified at least 50 percent of students enrolled in Grades 9-12 as being at risk of dropping out of school for the 2006-2007 school year. The eligibility list will be provided along with the RFA on the TEA Grant Opportunities website at http://burleson.tea.state.tx.us/GrantOpportunities/forms.

Description. The purpose of this grant program is to establish pilot programs to provide intensive technology-based supplementary instruction in English, mathematics, science, or social studies to benefit students in Grades 9-12 identified as being at risk of dropping out of school. Instructional techniques and technology used by a district or open-enrollment charter school under this section must be based on the best available research regarding college and workforce readiness, as determined by the High School Completion and Success Initiative Council established under the Texas Education Code, Chapter 39, Subchapter L.

A program supported by a grant under this RFA to provide intensive technology-based supplementary instruction at a campus may: (1) include comprehensive course plans and teacher guides that are aligned with one or more subjects of the foundation curriculum described by TEC, §28.002(a)(1); (2) include technology-based supplementary instruction; (3) include training, professional development, and mentoring for teachers; (4) provide students individual access to technology-based supplementary instruction at least 90 minutes each week; (5) demonstrate significant effectiveness in high schools serving students identified as being at risk of dropping out of school, as described in TEC, §29.081(d); (6) be selected in consultation with the teachers at the affected campus; and (7) be implemented in partnership with institutions of higher education.

Districts selected for the pilot program are entitled to receive state grant funds in an amount not to exceed $50 for each participating student in the program. As a condition of receiving a state grant, a district must contribute other federal, state, or local matching funds, including private donations, of at least $50 for each student participating in the program.

Dates of Project. The Intensive Technology-Based Academic Intervention Pilot Program will be implemented during the 2008-2009 and 2009-2010 school years. Applicants should plan for a starting date of no earlier than September 1, 2008, and an ending date of no later than May 31, 2010.

Project Amount. A total of $3 million is available for this grant program. Project funding in any subsequent grant period will be based on satisfactory progress during the grant period and on budget approval by the commissioner of education and the state legislature.

Selection Criteria. Applications will be selected based on the ability of each applicant to carry out all requirements contained in the RFA. Reviewers will evaluate applications based on the overall quality and validity of the proposed grant programs and the extent to which the applications address the primary objectives and intent of the project. Applications must address each requirement as specified in the RFA to be considered for funding. TEA reserves the right to select from the highest-ranking applications those that address all requirements in the RFA and that are most advantageous to the pilot project evaluation.

TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response.

Requesting the Application. A complete copy of RFA #701-08-110 may be obtained by writing the Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tea.state.tx.us. Please refer to the RFA number and title in your request. Provide your name, complete mailing address, and phone number including area code. The announcement letter and complete RFA will also be posted on the TEA website at http://burleson.tea.state.tx.us/GrantOpportunities/forms/ for viewing and downloading.

Further Information. For clarifying information about the RFA, contact Rebecca Schroeder, Division of Discretionary Grants, Texas Education Agency, (512) 463-9269. In order to assure that no prospective applicant may obtain a competitive advantage because of acquisition of information unknown to other prospective applicants, any information that is different from or in addition to information provided in the RFA will be provided only in response to written inquiries. Copies of all such inquiries and the written answers thereto will be posted on the TEA website in the format of Frequently Asked Questions (FAQs) at http://burleson.tea.state.tx.us/GrantOpportunities/forms/.

Deadline for Receipt of Applications. Applications must be received in the Document Control Center of the Texas Education Agency by 5:00 p.m. (Central Time), Tuesday, May 20, 2008, to be eligible to be considered for funding.

TRD-200801407

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: March 12, 2008

Notice of Contract Award

This notice of contract award is filed pursuant to Texas Government Code, §2254.030. The Request for Proposal was published in the February 1, 2008, issue of the Texas Register (33 TexReg 991).

Description of Activities of Consultant:

The Commission on State Emergency Communications (CSEC) has entered into a major consulting services contract for the following services:

Contractor will provide consulting services to assist CSEC in planning for the phased-in deployment of a Next Generation 9-1-1 (NG9-1-1) system. The transition to a NG9-1-1 system will be an extensive, multi-year effort. CSEC intends to develop a NG9-1-1 Master Plan to chart the course of CSEC's activities based, in part, on consultant's services pursuant to the contract.

Name and Business Address of Consultant:

The consultant engaged by the CSEC for these services is L. Robert Kimball & Associates, Inc., 615 W. Highland Avenue, P.O. Box 1000, Ebensberg, PA 15931.

Total Value of the Contract and Beginning and Ending Dates:

The total value of the contract is $199,650.00. The term of the contract began on March 1, 2008, and will terminate on December 31, 2008, or upon completion of consultant's services, whichever occurs first, unless terminated earlier pursuant to the terms of the contract.

Date on Which Report Is Due:

The final report must be submitted to CSEC no later than July 31, 2008.

For information regarding this publication, contact Brian Millington, Commission on State Emergency Communications, 333 Guadalupe, Suite 2-212, Austin, Texas 78701. E-mail inquiries should be sent to csecinfo@csec.state.tx.us.

TRD-200801417

Patrick Tyler

General Counsel

Commission on State Emergency Communications

Filed: March 12, 2008

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075. Section 7.075 requires that, before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is April 21, 2008 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512)239-1864 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on April 21, 2008 . Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs shall be submitted to the commission in writing.

(1) COMPANY: Joe Johnson dba B & J Sand and Gravel; DOCKET NUMBER: 2007-1754-WQ-E; IDENTIFIER: RN105136311; LOCATION: Llano County, Texas; TYPE OF FACILITY: sand and gravel pit; RULE VIOLATED: 30 Texas Administrative Code (TAC) §281.25(a)(4) and 40 Code of Federal Regulations (CFR) §122.26(c), by failing to obtain authorization to discharge storm water associated with construction activities; PENALTY: $2,100; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.

(2) COMPANY: Gulf Chemical & Metallurgical Corporation; DOCKET NUMBER: 2007-1631-IHW-E; IDENTIFIER: RN100210129; LOCATION: Freeport, Brazoria County, Texas; TYPE OF FACILITY: metal processing plant; RULE VIOLATED: 30 TAC §335.2(b), by failing to prevent the shipment and delivery of industrial hazardous waste (IHW) to an unauthorized facility; PENALTY: $3,600; ENFORCEMENT COORDINATOR: Clinton Sims, (512) 239-6933; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3) COMPANY: Itasca Landfill TX, LP; DOCKET NUMBER: 2007-1695-IHW-E; IDENTIFIER: RN100213412; LOCATION: Hill County, Texas; TYPE OF FACILITY: type 1 municipal solid waste landfill; RULE VIOLATED: 30 TAC §335.2(b), by failing to prevent the disposal of IHW at the facility; PENALTY: $8,625; ENFORCEMENT COORDINATOR: Marlin Bullard, (254) 751-0335; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(4) COMPANY: Koyote Ranch-Bandera Unit L.P. dba Koyote Mercantile; DOCKET NUMBER: 2006-0641-PST-E; IDENTIFIER: RN104281241; LOCATION: Medina, Bandera County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(5)(A)(i), by failing to possess a valid TCEQ delivery certificate prior to receiving fuel; PENALTY: $875; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(5) COMPANY: Lee-Var, Inc. dba Palmer of Texas; DOCKET NUMBER: 2007-1724-AIR-E; IDENTIFIER: RN100213594; LOCATION: Andrews, Andrews County, Texas; TYPE OF FACILITY: tank manufacturing; RULE VIOLATED: 30 TAC §101.20(2) and §122.143(4), 40 CFR §63.5805(b), Federal Operating Permit (FOP) Number 2704, Special Terms and Conditions 1D, and Texas Health and Safety Code (THSC), §382.085(b), by failing to comply with emissions standards for hazardous air pollutants; PENALTY: $19,050; ENFORCEMENT COORDINATOR: Audra Ruble, (361) 825-3100; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(6) COMPANY: Motiva Enterprises LLC; DOCKET NUMBER: 2007-1497-AIR-E; IDENTIFIER: RN100209451; LOCATION: Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §116.715(a) and (c)(7), and §122.143(4), New Source Review (NSR) Flexible Permit Number 8404, Special Condition (SC) 9 and General Condition (GC) 8, FOP O-01386, General Terms and Conditions (GTC), and THSC, §382.085(b), by failing to comply with the permitted emissions limits for nitrogen oxide; 30 TAC §116.115(b)(2)(F) and §122.143(4), NSR Air Permit Number 6056, GC 8, FOP O-01386, GTC, and THSC, §382.085(b), by failing to comply with permitted emissions limits for particulate matter; 30 TAC §122.143(4), FOP O-01386, SC 3.B.(iii.), and THSC, §382.085(b), by failing to perform quarterly opacity observations of all stationary vents; 30 TAC §§101.20(2), 113.780, 116.715(a), and 122.143(4), NSR Flexible Permit Number 8404, SC 14, FOP O-01386, GTC and SC 16.A., 40 CFR §63.1567(a)(2), and THSC, §382.085(b), by failing to maintain the scrubbing solution at or above a pH of seven; 30 TAC §§101.20(2), 113.780, 116.715(a), and 122.143(4), NSR Flexible Permit Number 8404, SC 14, FOP O-01386, GTC and SC 16.A., 40 CFR §63.1567(a)(3) and (c)(1), and THSC, §382.085(b), by failing to conduct daily caustic hydrogen chloride (HC1) testing at the CRU4 Caustic HC1 Scrubber and operate it in accordance with the operation, maintenance, and monitoring plan; 30 TAC §115.244(1) and §122.143(4), FOP O-01386, GTC, and THSC, §382.085(b), by failing to perform part or all of daily Stage II Vapor Recovery System inspections; 30 TAC §§101.20(1) and (2), 113.340, 115.352(4), 116.715(a), and 122.143(4), NSR Flexible Permit Number 8404, SC 14, 20, and 23, FOP O-01386, GTC, 40 CFR §60.592(a) and §63.648(a), and THSC, §382.085(b), by failing to properly seal four leaking open-ended lines in volatile organic compound service with a cap, plug, or blind flange; 30 TAC §§101.20(1), 116.715(a), and 122.143(4), NSR Flexible Permit Number 8404, SC 23, FOP O-01386, 40 CFR §60.18(f)(2), and THSC, §382.085(b), by failing to monitor the delayed coking unit flare's pilot flame; and 30 TAC §§122.143(4), 122.145(2)(A), 122.146(1), and 122.146(5)(C)(v), FOP O-01386, GTC, and THSC, §382.085(b), by failing to report the occurrence of deviations in semi-annual deviation reports and to accurately certify compliance in annual compliance certifications; PENALTY: $225,338; Supplemental Environmental Project (SEP) offset amount of $90,135 applied to South East Texas Regional Planning Commission-West Port Arthur Home Energy Efficiency Program; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(7) COMPANY: Nutri-Feeds, Inc.; DOCKET NUMBER: 2007-1838-AIR-E; IDENTIFIER: RN101629947; LOCATION: Deaf Smith County, Texas; TYPE OF FACILITY: rendering plant; RULE VIOLATED: 30 TAC §101.4 and THSC, §382.085(a) and (b), by failing to take necessary measures to prevent the release of odors which are in such concentration and of such duration as are or may be injurious to or to adversely affect human health or welfare, animal life, vegetation, or property, or as to interfere with the normal use and enjoyment of animal life, vegetation, or property; and 30 TAC §116.110(a) and THSC, §382.085(b) and §382.0518(a), by failing to obtain proper air quality authorization to construct and operate a facility which emits air contaminants into the air; PENALTY: $4,950; ENFORCEMENT COORDINATOR: James Nolan, (512) 239-6634; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(8) COMPANY: Oxid L.P.; DOCKET NUMBER: 2007-1781-IWD-E; IDENTIFIER: RN100210350; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: chemical processing; RULE VIOLATED: 30 TAC §305.125(1), Texas Pollutant Discharge Elimination System (TPDES) Permit Number 02102, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for oil and grease and chemical oxygen demand; and 30 TAC §305.125(1) and TPDES Permit Number 02102, Monitoring and Reporting Requirements Number 1, by failing to timely submit monitoring results at the intervals specified in the permit; PENALTY: $7,040; ENFORCEMENT COORDINATOR: Andrew Hunt, (512) 239-1203; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(9) COMPANY: Prime Mart Inc.; DOCKET NUMBER: 2007-1814-MLM-E; IDENTIFIER: RN102010493; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(d)(1)(B)(ii) and the Code, §26.3475(c)(1), by failing to provide release detection; 30 TAC §334.8(c)(4)(A)(vii), (c)(5)(B)(ii), and (c)(5)(D)(ii), by failing to renew a delivery certificate by timely and proper submission of a completed underground storage tank (UST) registration and self-certification form; 30 TAC 334.8(c)(5)(A)(i) and the Code, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate; 30 TAC §334.10(b) and §334.50(e)(2)(C), by failing to maintain records of the results for all manual and/or automatic methods of monitoring for releases; and 30 TAC §213.5(d), by failing to comply with the continuous interstitial monitoring requirements for the UST system over the Edwards Aquifer; PENALTY: $7,800; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.

(10) COMPANY: George Dreher dba Pumpjacks, Etc.; DOCKET NUMBER: 2007-1800-AIR-E; IDENTIFIER: RN104996855; LOCATION: Midland, Midland County, Texas; TYPE OF FACILITY: oil field equipment repair yard; RULE VIOLATED: 30 TAC §116.110(a) and THSC, §382.085(b) and §382.0518(a), by failing to obtain proper authorization to conduct surface coating operations; and 30 TAC §101.4 and THSC, §382.085(a) and (b), by failing to prevent outdoor painting operations overspray from impacting adjacent property; PENALTY: $3,150; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(11) COMPANY: City of Rising Star; DOCKET NUMBER: 2007-1728-WQ-E; IDENTIFIER: RN103138137; LOCATION: Rising Star, Eastland County, Texas; TYPE OF FACILITY: wastewater collection line; RULE VIOLATED: the Code, §26.121(a)(1), by failing to prevent an unauthorized discharge of raw wastewater; and the Code, §26.039(b), by failing to timely notify the TCEQ Regional Office of an unauthorized discharge; PENALTY: $2,700; Supplemental Environmental Project (SEP) offset amount of $2,160 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Unauthorized Trash Dump Clean-Up; ENFORCEMENT COORDINATOR: Heather Brister, (254) 751-0335; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(12) COMPANY: SB All Seasons, Inc.; DOCKET NUMBER: 2008-0085-PST-E; IDENTIFIER: RN102314002; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A), by failing to provide release detection; 30 TAC §334.50(d)(1)(B), by failing to implement inventory control methods; and 30 TAC §334.8(c)(5)(A)(i), by failing to possess a valid TCEQ delivery certificate prior to receiving fuel; PENALTY: $4,375; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(13) COMPANY: City of The Colony; DOCKET NUMBER: 2007-1622-MWD-E; IDENTIFIER: RN102080157; LOCATION: The Colony, Denton County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0011570001, Interim II Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a)(1), by failing to comply with permitted effluent limits for total ammonia, flow, and fecal coliform; PENALTY: $51,000; Supplemental Environmental Project (SEP) offset amount of $51,000 applied to performing an erosion control project along the Heron Cove outfall area above Lake Lewisville; ENFORCEMENT COORDINATOR: Heather Brister, (254) 751-0335; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(14) COMPANY: The Dow Chemical Company; DOCKET NUMBER: 2007-1756-AIR-E; IDENTIFIER: RN100225945; LOCATION: Freeport, Brazoria County, Texas; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c), NSR Permit Number 834, SC 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; 30 TAC §§101.20(3), 116.715(a), and 117.310(c)(1), Flexible Permit Number 20432 and PSD-TX-994, SC I-1, and THSC, §382.085(b), by failing to comply with the emissions limits of 0.15 pounds per hour of carbon monoxide; and 30 TAC §116.115(c), NSR Permit Number 18569, SC 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $44,450; Supplemental Environmental Project (SEP) offset amount of $17,780 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(15) COMPANY: USA IDOL Inc dba Stop & Go 6; DOCKET NUMBER: 2008-0248-PST-E; IDENTIFIER: RN105370274; LOCATION: Laredo, Webb County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(a)(1)(A), by failing to provide release detection; PENALTY: $1,750; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

TRD-200801385

Mary R. Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: March 11, 2008

An agreed order was entered regarding Matbon, Inc., Docket No. 2005-0106-MLM-E on February 29, 2008 assessing $13,860 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Xavier Guerra, Staff Attorney, at (210) 490-4016, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Charles D. Hodges dba North Western Excavation and Dirt Landfill, LLP, Docket No. 2005-1040-MSW-E on February 29, 2008 assessing $30,000 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.

A default order was entered regarding Adam J. Wood dba Hoover Valley Country Store, Docket No. 2005-1188-PST-E on February 29, 2008 assessing $12,330 in administrative penalties.

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

An agreed order was entered regarding Tariq Shahzad Enterprises, Inc. dba Pakco 4, Docket No. 2005-1342-PST-E on February 29, 2008 assessing $1,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Barham A. Richard, Staff Attorney, at (512) 239-0107, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Plain-O-Gas, Inc. dba Fina, Docket No. 2006-0321-PST-E on February 29, 2008 assessing $23,650 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 City of Collinsville, Docket No. 2006-0332-MWD-E on February 29, 2008 assessing $24,955 in administrative penalties with $4,991 deferred.

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

An agreed order was entered regarding Deborah L. Godfrey Pilarcik dba Comet Cleaners, Docket No. 2006-0893-DCL-E on February 29, 2008 assessing $1,185 in administrative penalties.

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

An agreed order was entered regarding City of Nome, Docket No. 2006-1393-PWS-E on February 29, 2008 assessing $3,135 in administrative penalties.

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 W. Silver, Inc., Docket No. 2006-1765-IHW-E on February 29, 2008 assessing $3,696 in administrative penalties with $739 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 Qusra Corporation dba Lone Star Superette, Docket No. 2006-1769-PST-E on February 29, 2008 assessing $11,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Anna M. Cox, Staff Attorney, at (512) 239-0974, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Larry Smith, Docket No. 2006-1867-LII-E on February 29, 2008 assessing $250 in administrative penalties.

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

An agreed order was entered regarding Enrique Valenzuela, Docket No. 2006-1999-OSS-E on February 29, 2008 assessing $4,462 in administrative penalties with $892 deferred.

Information concerning any aspect of this order may be obtained by contacting Sidney Wheeler, Enforcement Coordinator, at (210) 403-4078, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding M R K Investment Corp. dba El Primero Training Center, Docket No. 2007-0114-PWS-E on February 29, 2008 assessing $600 in administrative penalties with $120 deferred.

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.

An agreed order was entered regarding Union Carbide Corporation, Docket No. 2007-0209-AIR-E on February 29, 2008 assessing $76,450 in administrative penalties with $15,290 deferred.

Information concerning any aspect of this order may be obtained by contacting James Nolan, Enforcement Coordinator, at (512) 239-6634, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Bruce Coleman Siegel, Docket No. 2007-0233-LII-E on February 29, 2008 assessing $250 in administrative penalties.

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

An agreed order was entered regarding Texas Malik Enterprises, Inc. dba KC 2 Grocery Store, Docket No. 2007-0305-PST-E on February 29, 2008 assessing $3,850 in administrative penalties.

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

A default order was entered regarding Terry Brown, Docket No. 2007-0339-LII-E on February 29, 2008 assessing $250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Anna M. Cox, Staff Attorney, at (512) 239-0974, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding William Veldhuizen dba Veldhuizen Dairy Farm, Docket No. 2007-0549-AGR-E on February 29, 2008 assessing $1,000 in administrative penalties with $200 deferred.

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

An agreed order was entered regarding ConocoPhillips Company, Docket No. 2007-0670-AIR-E on February 29, 2008 assessing $325,120 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Kimberly Morales, Enforcement Coordinator, at (713) 422-8938, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Doreen A. Swadley dba GreenBell, Docket No. 2007-0725-LII-E on February 29, 2008 assessing $551 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Anna M. Cox, Staff Attorney, at (512) 239-0974, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Equistar Chemicals, LP, Docket No. 2007-0815-AIR-E on February 29, 2008 assessing $32,725 in administrative penalties with $6,545 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 Taylor Petroleum Companies, Inc., Docket No. 2007-0834-PWS-E on February 29, 2008 assessing $2,788 in administrative penalties with $557 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.

A default order was entered regarding Lorenzo Hernandez, Docket No. 2007-0900-PST-E on February 29, 2008 assessing $38,475 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 Southwest Nut Company, Docket No. 2007-0924-IWD-E on February 29, 2008 assessing $18,300 in administrative penalties.

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

An agreed order was entered regarding City of Paducah, Docket No. 2007-0927-PWS-E on February 29, 2008 assessing $3,097 in administrative penalties with $619 deferred.

Information concerning any aspect of this order may be obtained by contacting Christopher Keffer, Enforcement Coordinator, at (512) 239-5610, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding DCP Midstream, LP, Docket No. 2007-0940-AIR-E on February 29, 2008 assessing $99,666 in administrative penalties with $19,933 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. 2007-0993-AIR-E on February 29, 2008 assessing $44,361 in administrative penalties with $8,872 deferred.

Information concerning any aspect of this order may be obtained by contacting Bryan Sinclair, Enforcement Coordinator, at (512) 239-2171, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Exxon Mobil Corporation, Docket No. 2007-1004-AIR-E on February 29, 2008 assessing $10,000 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 Barker Development Company, LLC, Docket No. 2007-1055-WQ-E on February 29, 2008 assessing $2,000 in administrative penalties with $400 deferred.

Information concerning any aspect of this order may be obtained by contacting Rajesh Acharya, Enforcement Coordinator, at (512) 239-0577, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Frankston, Docket No. 2007-1076-MWD-E on February 29, 2008 assessing $9,840 in administrative penalties with $1,968 deferred.

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

An agreed order was entered regarding Tapia Dairy #3, L.L.C., Docket No. 2007-1077-MLM-E on February 29, 2008 assessing $16,640 in administrative penalties with $3,328 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 Diamond Shamrock Refining Company, L.P., Docket No. 2007-1096-AIR-E on February 29, 2008 assessing $13,884 in administrative penalties with $2,776 deferred.

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

An agreed order was entered regarding Matagorda Waste Disposal and Water Supply Corporation, Docket No. 2007-1124-PWS-E on February 29, 2008 assessing $780 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.

An agreed order was entered regarding Martha Gallison dba Mt. Houston Tire Disposal, Docket No. 2007-1184-MSW-E on February 29, 2008 assessing $5,940 in administrative penalties with $1,188 deferred.

Information concerning any aspect of this order may be obtained by contacting Dana Shuler, Enforcement Coordinator, at (512) 239-2505, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Chris Schober dba Schober Trucking, Docket No. 2007-1205-WQ-E on February 29, 2008 assessing $900 in administrative penalties with $180 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 Formosa Plastics Corporation, Texas, Docket No. 2007-1227-AIR-E on February 29, 2008 assessing $12,350 in administrative penalties with $2,470 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 City of Forest Hill, Docket No. 2007-1240-PWS-E on February 29, 2008 assessing $950 in administrative penalties with $190 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 Gruene Rapids Condominiums, LLC, Docket No. 2007-1258-EAQ-E on February 29, 2008 assessing $25,500 in administrative penalties with $5,100 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 A R H Enterprises, Inc. dba R H Food Mart, Docket No. 2007-1261-PST-E on February 29, 2008 assessing $8,300 in administrative penalties with $1,660 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 Custom Crushed Stone, Inc., Docket No. 2007-1305-WQ-E on February 29, 2008 assessing $1,500 in administrative penalties with $300 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 Earth Haulers, Inc., Docket No. 2007-1307-WQ-E on February 29, 2008 assessing $1,000 in administrative penalties with $200 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 E. I. du Pont de Nemours and Company, Docket No. 2007-1308-AIR-E on February 29, 2008 assessing $4,950 in administrative penalties with $990 deferred.

Information concerning any aspect of this order may be obtained by contacting Terry Murphy, Enforcement Coordinator, at (512) 239-5025, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding F&K Face, L.P., Docket No. 2007-1310-WQ-E on February 29, 2008 assessing $5,202 in administrative penalties with $1,040 deferred.

Information concerning any aspect of this order may be obtained by contacting Thomas 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 Elite Computer Consultants, L.P. dba Ed Lou Mobile Home Park, Docket No. 2007-1324-MWD-E on February 29, 2008 assessing $4,960 in administrative penalties with $992 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 Clint Independent School District, Docket No. 2007-1327-MWD-E on February 29, 2008 assessing $2,040 in administrative penalties with $408 deferred.

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

An agreed order was entered regarding Steve Williams dba Axis Demolition & Excavating, Docket No. 2007-1332-MSW-E on February 29, 2008 assessing $8,500 in administrative penalties with $1,700 deferred.

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

An agreed order was entered regarding Kenneth Ray Cavitt dba Don's Wrecker Service, Docket No. 2007-1350-PST-E on February 29, 2008 assessing $5,250 in administrative penalties with $1,050 deferred.

Information concerning any aspect of this order may be obtained by contacting Wallace Myers, Enforcement Coordinator, at (512) 239-6580, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Austin Equipment Company, LC dba Superior Crushed Stone, Docket No. 2007-1371-EAQ-E on February 29, 2008 assessing $3,410 in administrative penalties with $682 deferred.

Information concerning any aspect of this order may be obtained by contacting Andrew Hunt, 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 Syed N. Hyder, Docket No. 2007-1408-MWD-E on February 29, 2008 assessing $41,800 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 Huntsman Petrochemical Corporation, Docket No. 2007-1411-AIR-E on February 29, 2008 assessing $3,950 in administrative penalties with $790 deferred.

Information concerning any aspect of this order may be obtained by contacting Kimberly Morales, Enforcement Coordinator, at (713) 422-8938, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Georgia-Pacific Chemicals LLC, Docket No. 2007-1415-AIR-E on February 29, 2008 assessing $4,690 in administrative penalties with $938 deferred.

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

An agreed order was entered regarding Signal International Texas, L.P., Docket No. 2007-1428-AIR-E on February 29, 2008 assessing $8,600 in administrative penalties with $1,720 deferred.

Information concerning any aspect of this order may be obtained by contacting Bryan Sinclair, Enforcement Coordinator, at (512) 239-2171, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding United Copper Industries, Inc., Docket No. 2007-1434-AIR-E on February 29, 2008 assessing $1,625 in administrative penalties with $325 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 Red River Authority of Texas, Docket No. 2007-1441-PWS-E on February 29, 2008 assessing $7,240 in administrative penalties.

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 Custom Building Products, Inc., Docket No. 2007-1466-AIR-E on February 29, 2008 assessing $800 in administrative penalties with $160 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 Child Inc., Docket No. 2007-1474-PWS-E on February 29, 2008 assessing $100 in administrative penalties with $20 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 Ezekiel L. Holloway dba Hill River Country Estates, Docket No. 2007-1484-PWS-E on February 29, 2008 assessing $856 in administrative penalties with $171 deferred.

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.

An agreed order was entered regarding James & Vickie Enterprises, Inc. dba James Stuart Construction, Docket No. 2007-1495-MSW-E on February 29, 2008 assessing $2,156 in administrative penalties with $431 deferred.

Information concerning any aspect of this order may be obtained by contacting John Shelton, Enforcement Coordinator, at (512) 239-2563, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Dixie Chemical Company, Inc., Docket No. 2007-1542-AIR-E on February 29, 2008 assessing $3,300 in administrative penalties with $660 deferred.

Information concerning any aspect of this order may be obtained by contacting Thomas 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 Harmony Independent School District, Docket No. 2007-1556-MWD-E on February 29, 2008 assessing $4,560 in administrative penalties with $912 deferred.

Information concerning any aspect of this order may be obtained by contacting Andrew Hunt, 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 David Griffith dba East Texas Core Suppliers, Docket No. 2007-1589-MSW-E on February 29, 2008 assessing $500 in administrative penalties with $100 deferred.

Information concerning any aspect of this order may be obtained by contacting John Shelton, Enforcement Coordinator, at (512) 239-2563, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Pharr, Docket No. 2007-1623-MWD-E on February 29, 2008 assessing $2,275 in administrative penalties with $455 deferred.

Information concerning any aspect of this order may be obtained by contacting Andrew Hunt, 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 Rochelle Water Supply Corporation, Docket No. 2007-1750-PWS-E on February 29, 2008 assessing $655 in administrative penalties with $131 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 Jerry L. McClung dba J L Backhoe Service, Docket No. 2007-1763-SLG-E on February 29, 2008 assessing $650 in administrative penalties with $130 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.

A field citation was entered regarding Fort Bend Oil Corporation dba Handi Plus 369, Docket No. 2006-1526-PST-E on February 29, 2008 assessing $1,757 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 Jared Morris dba Sportsman Center, Docket No. 2007-1975-PST-E on February 29, 2008 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 Gary Valdez, Docket No. 2007-1893-WOC-E on February 29, 2008 assessing $210 in administrative penalties.

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

An agreed order was entered regarding North Hamilton Hill Water Supply Corporation, Docket No. 2007-1491-PWS-E on February 29, 2008 assessing $535 in administrative penalties with $107 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 order was entered regarding Nick Nikah, Docket No. 2006-0774-LII-E on March 3, 2008, assessing $2,500 in administrative penalties.

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

TRD-200801413

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 12, 2008

On September 26, 2007 the Municipal Solid Waste Supervisor rules were revised. The rules now specify which type of supervisor's license is required for an individual to supervise a MSW facility. The new rules affect the training necessary to become a licensed supervisor of MSW facilities; therefore, MSW supervisor training programs must also be revised.

TCEQ is Seeking Training Providers

TCEQ is seeking training providers to develop training courses based on the new curriculum guidance documents for MSW training. The training must be developed according to the TCEQ rules, the regulatory guidance document RG - 373 (Revised December 2007), Approval of Training for Occupational Licensing, and the curriculum guidance documents. The following webpages provide information for the development of this training:

http://www.tceq.state.tx.us/compliance/compliance_support/trainers/ad-grps/developing_msw_training.html

http://www.tceq.state.tx.us/assets/public/compliance/compliance_support/trainers/approval/rg-373.pdf

http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=4&ti=30&pt=1&ch=30

The training for MSW supervisors must be developed by May 9, 2008. Please let us know if you are interested in developing training materials for MSW supervisors either by calling (512) 239-0178 or sending an e-mail to licenses@tceq.state.tx.us.

TRD-200801390

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: March 11, 2008

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is April 21, 2008 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on April 21, 2008 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, §7.075 provides that comments on an AO shall be submitted to the commission in writing .

(1) COMPANY: Brazosport Equipment & Rental, Inc.; DOCKET NUMBER: 1999-1482-MSW-E; TCEQ ID NUMBERS: TCEQ Unauthorized Municipal Solid Waste (MSW) Site Number 455120017 and RN103045860; LOCATION: approximately 0.9 miles southeast of the intersection of Farm-to-Market (FM) Road 523 and State Highway 332, Oyster Creek, Brazoria County, Texas; TYPE OF FACILITY: unauthorized MSW site; RULES VIOLATED: 30 TAC §330.5(c), by failing to obtain authorization for disposing of MSW; PENALTY: $5,500; STAFF ATTORNEY: Robert Mosley, Litigation Division, MC 175, (512) 239-0627; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

(2) COMPANY: City of Del Rio; DOCKET NUMBER: 2007-0696-PWS-E; TCEQ ID NUMBER: RN101215978; LOCATION: Del Rio, Val Verde County, Texas; TYPE OF FACILITY: public water system (PWS); RULES VIOLATED: 30 TAC §290.44(d)(2) and TCEQ Agreed Order, Docket Number 2005-1777-PWS-E, IV. Ordering Provisions 2.a. and 2.b., by failing to acquire plan approval by the executive director for service connections that require booster pumps taking suction from the PWS supply lines; 30 TAC §290.46(m), by failing to initiate a maintenance program to maintain the general appearance of the system's facilities and proper operation of the system's equipment; 30 TAC §290.41(d)(4), by failing to provide the source water intake with an intruder-resistant fence; 30 TAC §290.111(b)(1)(B), by failing to meet site-specific performance standards approved by the executive director for a membrane facility; 30 TAC §290.46(f)(4)(A), by failing to submit additional documentation that the executive director may require to determine compliance; and 30 TAC §205.6 and Texas Water Code (TWC), §5.702, by failing to pay the general permit storm water fee (Financial Administration Account Number 20003966) for calendar year 2007; PENALTY: $2,448; Supplemental Environmental Project offset amount of $2,448 applied to Texas Association of Resource Conservation & Development Areas, Inc. Water or Wastewater Assistance; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Laredo Regional Office, 707 East Calton Road, Suite 304, Laredo, Texas 78041-3638, (956) 791-6611.

(3) COMPANY: David D. Smith Construction, Inc.; DOCKET NUMBER: 2006-2175-MSW-E; TCEQ ID NUMBER: RN105084453; LOCATION: 2581 FM 2657, Copperas Cove, Lampasas County, Texas; TYPE OF FACILITY: trucking business that transports solid waste within the State of Texas; RULES VIOLATED: 30 TAC §330.15(c) (formerly 30 TAC §330.5(a)), by failing to prevent the transportation of municipal non-hazardous solid waste for disposal at an unauthorized site; PENALTY: $18,525; STAFF ATTORNEY: Kathleen Decker, Litigation Division, MC 175, (512) 239-6500; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(4) COMPANY: Gary Gene Crupper; DOCKET NUMBER: 2006-1443-AIR-E; TCEQ ID NUMBER: RN104943642; LOCATION: 4505 Cattleguard Court, Hood County, Texas; TYPE OF FACILITY: private residence; RULES VIOLATED: 30 TAC §111.201 and Texas Health and Safety Code (THSC), §382.085(b), by failing to comply with the prohibition of outdoor burning; PENALTY: $1,050; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: Jarrod Meyer; DOCKET NUMBER: 2005-1928-LII-E; TCEQ ID NUMBER: RN104786652; LOCATION: 6038 Whispering Lane, Tyler, Smith County, Texas; TYPE OF FACILITY: landscape irrigation business; RULES VIOLATED: 30 TAC §344.4(a) and §30.5(a), TWC, §37.003, and Texas Occupations Code, §1903.251, by failing to hold an irrigator license prior to selling, designing, consulting, installing, maintaining, altering, repairing, or servicing an irrigation system; PENALTY: $625; STAFF ATTORNEY: Jacquelyn Boutwell, Litigation Division, MC 175, (512) 239-5846; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(6) COMPANY: Lorraine Donaldson; DOCKET NUMBER: 2006-2173-MSW-E; TCEQ ID NUMBER: RN104026737; LOCATION: 5401 Bunny Trail Road, Killeen, Bell County, Texas; TYPE OF FACILITY: unauthorized MSW site; RULES VIOLATED: 30 TAC §330.15(c) (formerly 30 TAC §330.5(a)), by failing to prevent the unauthorized disposal of municipal non-hazardous solid waste at an unauthorized site; PENALTY: $19,760; STAFF ATTORNEY: Kathleen Decker, Litigation Division, MC 175, (512) 239-6500; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(7) COMPANY: New Progress Water Supply Corporation dba: Enchanted Oaks Subdivision, Spring Valley Estates, Highland Lakes Subdivision, and Ponderosa Hills Subdivision; DOCKET NUMBER: 2006-1037-PWS-E; TCEQ ID NUMBERS: RN101651578, RN101230712, RN101245413, and RN101654317; LOCATIONS: 161 Enchanted Oaks Court, Hudson Oaks; FM Road 730, between Weatherford and Azle; at the intersection of Highway 171 and FM Road 3450, Weatherford; and at the intersection of Highway 171 and Highland Lake Drive, Weatherford, Parker County, Texas; TYPE OF FACILITY: PWS systems; RULES VIOLATED: 30 TAC §290.46(m), by failing to initiate a program of maintenance and housekeeping practices that ensures good working conditions and general appearance of the facilities and equipment at Enchanted Oaks, Spring Valley, Highland Lakes, and Ponderosa Hills; 30 TAC §290.41(c)(1)(F) and THSC, §341.0315(c), by failing to secure sanitary easements covering that portion of the land within 150 feet of the wells at Enchanted Oaks, Spring Valley, Highland Lakes, and Ponderosa Hills; 30 TAC §290.41(c)(3)(A) and THSC, §341.035(c), by failing to submit to the commission's water utilities section a copy of the well completion data at Enchanted Oaks, Spring Valley, Highland Lakes, and Ponderosa Hills; 30 TAC §290.121(a) and THSC, §341.035(c), by failing to develop and maintain a chemical and microbiological monitoring plan and by failing to make those plans available for review by agency personnel at Enchanted Oaks, Spring Valley, Highland Lakes, and Ponderosa Hills; 30 TAC §290.46(n) and THSC, §341.035(c), by failing to provide a map of each distribution system to help locate valves and mains in the event of an emergency at Enchanted Oaks, Spring Valley, Highland Lakes, and Ponderosa Hills; 30 TAC §290.43(c)(1) - (3), by failing to provide vent openings on the ground storage tanks (GSTs) with a 16-mesh or finer corrosion-resistant screening, by failing to provide the GSTs with a properly designed roof access opening, by failing to lock the roof hatches, and by failing to provide proper overflow on the GSTs at Enchanted Oaks, Spring Valley, Highland Lakes, and Ponderosa Hills; 30 TAC §291.41(c)(3)(O), by failing to provide a properly constructed intruder-resistant fence around the well sites at Enchanted Oaks, Spring Valley, Highland Lakes, and Ponderosa Hills; 30 TAC §290.41(c)(3(N), by failing to provide an operable flowmeter on the well discharge lines at Enchanted Oaks, Spring Valley, Highland Lakes, and Ponderosa Hills; 30 TAC §290.42(j), by failing to ensure that all chemicals used in treatment of water supplied by the PWSs conformed to American National Standards Institute/National Sanitation Foundation Standard 60 for direct additives or Standard 61 for indirect additives at Enchanted Oaks, Spring Valley, Highland Lakes, and Ponderosa Hills; 30 TAC §290.46(m)(1), by failing to conduct and record the results of annual inspections for the GSTs at Enchanted Oaks, Spring Valley, Highland Lakes, and Ponderosa Hills; 30 TAC §290.110(c)(5)(A), by failing to test and record, at least once every seven days, the chlorine residual from various locations within the distribution system at Enchanted Oaks, Spring Valley, Highland Lakes, and Ponderosa Hills; 30 TAC §290.42(l), by failing to compile a plant operations manual and to keep it up-to-date for operator review and reference at Enchanted Oaks, Spring Valley, Highland Lakes, and Ponderosa Hills; 30 TAC §290.43(c)(4), by failing to provide a water level indicator on the GSTs at Enchanted Oaks, Spring Valley, Highland Lakes, and Ponderosa Hills; 30 TAC §290.46(m)(1)(B), by failing to conduct and record the results of annual inspections for the pressure tanks at Enchanted Oaks, Spring Valley, Highland Lakes, and Ponderosa Hills; 30 TAC §290.41(c)(3)(K), by failing to ensure that the well heads were sealed with a gasket or sealing compound at Enchanted Oaks, Highland Lakes, and Ponderosa Hills; 30 TAC §341.036(a), by failing to post a legible sign displaying the name of the water supply and an emergency telephone number where a responsible official can be contacted at each production, treatment, and storage facility at Enchanted Oaks, Spring Valley, and Ponderosa Hills; 30 TAC §288.20, by failing to develop and retain a drought contingency plan for the water systems and by failing to have the plan available for review by agency personnel at Enchanted Oaks and Spring Valley; 30 TAC §290.46(m)(4), by failing to ensure that all water storage facilities and appurtenances are in a watertight condition at Enchanted Oaks and Spring Valley; 30 TAC §290.46(j), by failing to issue a customer service inspection certificate prior to providing continuous water service to new construction and on existing service at Enchanted Oaks and Spring Valley; 30 TAC §290.45(b)(1)(C)(iii) and THSC, §341.0315(c), by failing to provide two or more pumps having a total capacity of 2.0 gallons per minute (gpm) per connection at each pump station or pressure plane at Enchanted Oaks and Spring Valley; 30 TAC §290.46(i) and THSC, §341.035(c), by failing to adopt a plumbing ordinance, regulation, or service agreement with provisions for proper enforcement at Enchanted Oaks and Spring Valley; 30 TAC §290.39(j) and THSC, §341.035(c), by failing to submit for approval the plans prior to construction of service pumps at Enchanted Oaks and Spring Valley; 30 TAC §290.51(a)(3) and TWC, §5.702, by failing to pay Public Health Service fees, including late fees, for TCEQ Financial Administration Account Numbers 91840088 (Enchanted Oaks) and 91840089 (Spring Valley); 30 TAC §290.41(c)(3)(J) and THSC, §341.0315(a), by failing to ensure a concrete sealing block around the well casing that extends a minimum of three feet in all directions at Spring Valley and Highland Lakes; 30 TAC §290.41(c)(3)(M), by failing to maintain an operable sampling tap on the well discharge to facilitate the collections of samples for chemical and bacteriological analysis directly from the well at Spring Valley and Highland Lakes; 30 TAC §290.46(1), by failing to flush all dead end mains monthly at Highland Lakes and Ponderosa Hills; 30 TAC §290.45(b)(1)(C)(i) and THSC, §341.0315(c), by failing to provide a minimum well capacity of 0.6 gpm per connection at Enchanted Oaks; 30 TAC §290.45(b)(1)(B)(ii) and THSC, §341.0315(c), by failing to provide a pressure tank capacity of 20 gallons per connection at Enchanted Oaks; 30 TAC §290.43(d)(3) and THSC, §341.0315(a), by failing to provide air injection lines with filters or other devices to prevent compressor lubricants and other contaminants from entering the pressure tanks at Enchanted Oaks; 30 TAC §290.43(d)(2), by failing to provide pressure release devices on the pressure tank at Enchanted Oaks; 30 TAC §290.46(v), by failing to install all electrical wiring in compliance with local or national electrical codes at Enchanted Oaks; 30 TAC §290.43(c) and THSC, §341.0315(a), by failing to ensure that all potable water storage facilities are covered, designed, fabricated, erected, tested, and disinfected in strict accordance with American Water Works Association standards at Enchanted Oaks; 30 TAC §290.110(b)(4) and THSC, §341.033(d), by failing to maintain a free chlorine residual of at least 0.2 milligrams per liter free chlorine or 0.5 milligrams per liter chloramine at Spring Valley; 30 TAC §290.46(m)(1)(A), by failing to maintain the GST's roof at Spring Valley; 30 TAC §290.46(n)(3), by failing to maintain copies of well completion data such as well material setting data, geological log, sealing information, disinfection information, microbiological sampling results, and a chemical analysis report of a representative sample of water from the well on file for as long as the well is in service at Highland Lakes; 30 TAC §290.43(c)(5), by failing to locate the GST inlet and outlet connections so as to prevent short circuiting or stagnation of water at Highland Lakes; 30 TAC §290.41(c)(3)(B) and (J) and THSC, §341.0315(a), by failing to ensure that the well casing extends a minimum of 18 inches above the finished floor of the pump room or natural ground surface, and a minimum of one inch above the sealing block or pump motor foundation when provided at Ponderosa Hills; and 30 TAC §290.46(u) and THSC, §341.0315(a), by failing to plug an abandoned well or test in accordance with 16 TAC §76.1004 at Ponderosa Hills; PENALTY: $22,745; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(8) COMPANY: Thomas Steel Drums, Inc.; DOCKET NUMBER: 2007-0515-MLM-E; TCEQ ID NUMBER: RN100688738; LOCATION: 2517 Northeast 35th Street, Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: steel drum recycling facility; RULES VIOLATED: 30 TAC §335.2(b), by failing to dispose of hazardous waste at an authorized facility; 30 TAC §335.6(c), by failing to maintain accurate information on the facility's Notice of Registration and by failing to have a waste code for one waste stream generated by the facility; and 30 TAC §116.115(c) and §335.2(b), THSC, §382.085(b), and Air Permit Number 49060, Special Condition 14, by failing to operate the facility as represented in the permit application and by failing to properly dispose of industrial solid waste; PENALTY: $13,500; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-200801387

Mary R. Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: March 11, 2008

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075 this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is April 21, 2008 . The commission will consider any written comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on April 21, 2008 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the DOs shall be submitted to the commission in writing.

(1) COMPANY: Angela Young dba Young's One Stop; DOCKET NUMBER: 2004-2055-PST-E; TCEQ ID NUMBER: RN102225752; LOCATION: 195 Highway 155, Avinger, Cass County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of her petroleum underground storage tanks (USTs) at her facility; PENALTY: $3,150; STAFF ATTORNEY: Justin Lannen, Litigation Division, MC R-4, (817) 588-5927; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(2) COMPANY: Asif Dhuka dba Neighborhood Store 2; DOCKET NUMBER: 2003-1191-PST-E; TCEQ ID NUMBER: RN102254786; LOCATION: 700 North Cuernavaca, Austin, Travis County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.8(c)(5)(B)(ii), by failing to ensure that a delivery certificate is renewed by a timely and proper submission of a new UST Registration and Self-Certification Form to the TCEQ; 30 TAC §334.8(c)(5)(A)(i) and Texas Water Code (TWC), §26.3467, by failing to make available to any common carrier a valid, current, delivery certificate prior to accepting delivery of a regulated substance into the facility's USTs; and 30 TAC §334.10(b), by failing to make records available for release detection, inventory control, and financial assurance; PENALTY: $3,000; STAFF ATTORNEY: Patrick Jackson, Litigation Division, MC 175, (512) 239-6501; REGIONAL OFFICE: Austin Regional Office, 2800 South Interstate Highway 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.

(3) COMPANY: Derdeyn/Ford, Inc. dba Tejas Village; DOCKET NUMBER: 2007-1372-MLM-E; TCEQ ID NUMBER: RN102684339; LOCATION: 509 Tejas Road, Jefferson, Marion County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.45(b)(1)(B)(iii), by failing to provide two or more service pumps having a total capacity of 2.0 gallons per minute (gpm) per connection; 30 TAC §290.44(d)(4), by failing to provide accurate metering devices at each service connection to provide water usage data; 30 TAC §290.42(e)(5), by failing to properly seal the hypochlorination solution container to prevent the entrance of dust, insects, and other contaminants; 30 TAC §290.42(1), by failing to compile and maintain a plant operations manual for operator review and reference; 30 TAC §290.43(c)(4), by failing to equip the ground storage tank with a water level indicator; 30 TAC §290.43(d)(2), by failing to provide the pressure tank with a pressure release device; 30 TAC §290.43(e), by failing to provide an intruder-resistant fence to protect the facility's water storage tank and pressure tank; 30 TAC §290.46(d)(2)(A) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to maintain a minimum disinfectant residual of at least 0.2 milligrams per liter of free chorine throughout the distribution system at all times; 30 TAC §290.46(f)(3)(A)(i)(III) and (iii), by failing to provide records of complaints and records of treatment chemicals used weekly; 30 TAC §290.46(m)(1)(B), by failing to conduct an annual inspection of the water system's pressure tank; 30 TAC §290.46(m)(1)(A), by failing to conduct an annual inspection of the ground storage tank; 30 TAC §290.46(s)(1), by failing to calibrate the facility's well meter once every three years; 30 TAC §290.46(t), by failing to post a legible sign that contains the name of the water supply and emergency telephone numbers where a responsible official can be contacted; 30 TAC §290.121(a) and (b), by failing to maintain an up-to-date chemical and microbiological monitoring plan that identifies all sampling locations, describes the sampling frequency, and specifies the analytical procedures and laboratories that the facility will use to comply with the monitoring requirements; 30 TAC §290.45(b)(1)(B)(iv) and (c)(1)(B)(iv) and THSC, §341.0315(c), by failing to provide a pressure tank capacity of 20 gallons per connection for the 25 community connections and 10 gallons per unit for the one noncommunity transient connection serving 40 noncommunity transient connections; 30 TAC §290.43(c)(3), by failing to provide on the overflow pipe on the ground storage tank a gravity-hinged and weighted cover that has a good mechanical seal when closed in order to prevent the possible entrance of insects or other contaminants into the water supply; 30 TAC §290.46(e) and THSC, §341.033(a), by failing to operate the facility at all times under the direct supervision of a water works operator who holds a Class D or higher license; 30 TAC §290.45(b)(1)(B)(ii), (c)(1)(B)(ii), and (d)(2)(B)(ii) and THSC, §341.0315(c), by failing to provide a minimum ground storage capacity of 200 gallons per connection for the 25 community connections, 35 gpm per connection for the one noncommunity transient connection serving 40 noncommunity transient connections, and 50% of the maximum daily demand for the 50-seat restaurant; 30 TAC §288.20(a) and §288.30(5)(B), by failing to provide a copy of an adopted drought contingency plan; and TWC, §26.0135(h) and §5.705, by failing to pay consolidated water quality fees, including late fees, for TCEQ Financial Administration Account Numbers 23002690 and 91580002 for Fiscal Years 2005-2007; PENALTY: $5,647; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(4) COMPANY: John Paul Dodson and William Dodson; DOCKET NUMBER: 2007-0585-PST-E; TCEQ ID NUMBER: RN101872133; LOCATION: 321 South Poplar Street, Kermit, Winkler County, Texas; TYPE OF FACILITY: former convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, three USTs for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; PENALTY: $7,875; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Midland Regional Office, 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(5) COMPANY: Kirby & Kirby Oil Company, Inc.; DOCKET NUMBER: 2006-1951-PST-E; TCEQ ID NUMBER: RN102063088; LOCATIONS: 6500 South Broadway Avenue, Tyler, Smith County and 300 West Pinecrest Drive, Marshall, Harrison County, Texas; TYPE OF FACILITIES: two convenience stores with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b) and TCEQ Agreed Order Docket Number 2005-0404-PST-E, Ordering Provision Number 2, by failing to demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; PENALTY: $18,200; STAFF ATTORNEY: Jacquelyn Boutwell, Litigation Division, MC 175, (512) 239-5846; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

TRD-200801388

Mary R. Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: March 11, 2008

The Texas Commission on Environmental Quality (commission) staff is providing an opportunity for written public comment on the listed Shutdown/Default Orders (S/DOs). Texas Water Code (TWC), §26.3475 authorizes the commission to order the shutdown of any underground storage tank (UST) system found to be noncompliant with release detection, spill and overfill prevention, and/or, after December 22, 1998, cathodic protection regulations of the commission, until such time as the owner/operator brings the UST system into compliance with those regulations. The commission proposes a Shutdown Order after the owner or operator of a UST facility fails to perform required corrective actions within 30 days after receiving notice of the release detection, spill and overfill prevention, and/or, after December 22, 1998, cathodic protection violations documented at the facility. The commission proposes a Default Order when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. In accordance with TWC, §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is April 21, 2008. The commission will consider any written comments received and the commission may withdraw or withhold approval of a S/DO if a comment discloses facts or considerations that indicate that consent to the proposed S/DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed S/DO is not required to be published if those changes are made in response to written comments.

Copies of each of the proposed S/DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the S/DO shall be sent to the attorney designated for the S/DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on April 21, 2008 . Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission attorneys are available to discuss the S/DOs and/or the comment procedure at the listed phone numbers; however, comments on the S/DOs shall be submitted to the commission in writing.

(1) COMPANY: Deer Park Business, Inc. dba Fuel Expo; DOCKET NUMBER: 2004-0423-PST-E; TCEQ ID NUMBER: RN102369162; LOCATION: 101 West San Augustine Street, Deer Park, Harris County, Texas; TYPE OF FACILITY: convenience store with an underground storage tank (UST) system; RULES VIOLATED: 30 TAC §334.8(c)(5)(A)(i) and Texas Water Code (TWC), §26.3467(a), by failing to make available to a common carrier a valid, current delivery certificate for the UST before accepting delivery of a regulated substance; 30 TAC §334.8(c)(3) and (4), by failing to ensure that the UST registration and self-certification form, which is fully and accurately completed, is submitted to the agency, in a timely manner, to register the UST with the commission; 30 TAC §334.7(a), (c), and (e), by failing to register the new or replacement UST within 30 days after the date a regulated substance is placed into the tank; 30 TAC §334.6(b)(2)(A), by failing to file a written notification form with the TCEQ at least 30 days prior to initiating a major UST construction activity; 30 TAC §334.10(b), by failing to develop and maintain required UST records at the facility; and 30 TAC §334.51(b)(2)(C) and TWC, §26.3475(c)(2), by failing to equip tank 2B (containing diesel fuel) with overfill prevention equipment; PENALTY: $7,000; STAFF ATTORNEY: Jim Sallans, Litigation Division, MC 175, (512) 239-2053; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

(2) COMPANY: Friend Enterprises, Inc. dba Friendly Mart; DOCKET NUMBER: 2003-1045-PST-E; TCEQ ID NUMBER: RN100825090; LOCATION: 7200 Manchaca, Austin, Travis County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the USTs for releases at a frequency of at least once per month, not to exceed 35 days between each monitoring; 30 TAC §334.48(c), by failing to conduct inventory control and reconciliation for a UST system at a retail facility; and 30 TAC §334.50(b)(2)(A)(i)(III) and (ii) and TWC, §26.3475(a), by failing to test or monitor the piping in the UST system for releases; PENALTY: $17,000; STAFF ATTORNEY: Robert Mosley, Litigation Division, MC 175, (512) 239-0627; REGIONAL OFFICE: Austin Regional Office, 2800 South Interstate Highway 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.

TRD-200801389

Mary R. Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: March 11, 2008

The following notices were issued during the period of February 26, 2008 through March 6, 2008.

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

BOWIE-SIMS-PRANGE, INC. has applied for a renewal of TPDES Permit No. 12320-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 0.002 million gallons per day. The facility is located approximately 2200 feet east of the intersection of Hardy Road and Richey Road, north of the City of Houston in Harris County, Texas.

CHAMP'S WATER COMPANY has applied for a renewal of TPDES Permit No. WQ0010436001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 150,000 gallons per day. The facility is located at 1714 Sandy Dale in Western Homes Subdivision in Harris County, Texas.

DALLAS CHEMICAL TECHNOLOGIES which operates the Houston Lignin Plant, has applied for a renewal of TPDES Permit No. WQ0001968000, which authorizes the discharge of storm water associated with industrial activity, pad washdown water, and boiler blowdown at a on an intermittent and flow variable basis via Outfall 002. The facility is located at 10120 Hirsch Road, southeast of the Parker Street and Hirsch Road intersection, in the City of Houston, Harris County, Texas.

DUCO, INC. has applied for a renewal of TPDES Permit No. 12874-001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 10,000 gallons per day. The facility is located at 16661 Jacintoport Boulevard in Harris County, Texas.

ELITE COMPUTER CONSULTANTS, L.P. owner has applied for a renewal of TPDES Permit No. WQ0012600001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 8,000 gallons per day. The wastewater treatment facility is located at 15110 Grant Road on the south bank of Faulkey Gully, approximately 600 feet west of Shaw Road and approximately 800 feet northeast of Grant Road in Harris County Texas.

J & S WATER COMPANY, L.L.C. has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. 13882-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 150,000 gallons per day. The facility is located at 813 Hollyvale, east of Interstate Highway 45 in northern Houston in Harris County, Texas.

THE CITY OF LAMPASAS has applied for a renewal of TPDES Permit No. WQ0010205002, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,500,000 gallons per day. The facility is located on the south side of Sulphur Creek, at the east end of Creek Street, approximately 6,000 feet northeast of the intersection of U.S. Highway 183 and U.S. Highway 190 in the City of Lampasas in Lampasas County, Texas.

LMV MANAGEMENT CO., LTD. has applied for a renewal of TPDES Permit No. WQ0014586001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 900,000 gallons per day. The facility will be located approximately 8,200 feet south of the intersection of Riley Fuzzel Road and Woodsons Gully in Montgomery County, Texas.

CITY OF LUBBOCK, TEXAS DEPARTMENT OF TRANSPORTATION - LUBBOCK DISTRICT, AND TEXAS TECH UNIVERSITY SYSTEM which operate the City of Lubbock Municipal Separate Storm Sewer System (MS4), have applied for a renewal of NPDES Permit No. TXS001501, which authorizes storm water point source discharges to surface water in the state from the City of Lubbock MS4. This permit will be renewed as TPDES Permit No. WQ0004773000. The MS4 is located within the corporate boundary of the City of Lubbock, in Lubbock County, Texas.

THE CITY OF MERTZON has applied for a renewal of Permit No. 04535 to authorize the land application of wastewater treatment plant sewage sludge for beneficial use on 3.5 acres. The land application site is located 2.4 miles northwest of Mertzon on the south side of Farm-to-Market Road 2469, 2.5 miles northwest of the intersection in Mertzon of Farm-to-Market Road 2469 and U.S. Highway 67 in Irion County, Texas.

SOUTH CENTRAL WATER COMPANY has applied to the Texas Commission on Environmental Quality (TCEQ) for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014852001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 950,000 gallons per day. The facility will be located approximately 7,200 feet northeast of Farm-to-Market Road 1486 and Shady Oaks Lane in Montgomery County, Texas.

TIN INC. which operates Buna Lumber Operation, has applied for a renewal of TPDES Permit No. WQ0002924000, which authorizes the discharge of commingled wastewaters on an intermittent and flow variable basis via Outfall 001, and storm water on an intermittent and flow variable basis via Outfalls 002, 003, and 004. The facility is located approximately one mile east of U.S. Highway 96 and approximately two miles north of the community of Buna, Jasper County, Texas

CITY OF TOMBALL has applied for a renewal of TPDES Permit No. WQ0010616002, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,500,000 gallons per day. The facility is located south of Holderrieth Road approximately 2,100 feet north of Willow Creek and approximately 4,300 feet east of the intersection of State Highway 249 and Holderrieth Road in Harris County, Texas.

VANCECO, INC. has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. WQ0014248001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 20,000 gallons per day. The facility is located on the north side of State Highway 105, approximately 3,200 feet west of the point where State Highway 105 crosses the San Jacinto River in Montgomery County, Texas.

WATERFORD CLUB DEVELOPMENT LP has applied for a new permit, Proposed Permit No. WQ14766001, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 240,000 gallons per day via subsurface drip irrigation of 55.1 acres of non-public access pastureland. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site will be located approximately 5,100 feet southeast of the intersection of Farm-to-Market Road 1431 and County Road 344 in Burnet County, Texas.

WOODGATE MOBILE HOME VILLAGE, INC. has applied for a renewal of TPDES Permit No. 12414-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 35,000 gallons per day. The plant site is located approximately 0.25 mile west of the intersection of Veterans Memorial Drive and Frick Road on the south side of Frick Road in Harris County, Texas.

The following do not require publication in a newspaper. Written comments or requests for a public meeting may be submitted to the Office of the Chief Clerk, at the address provided in the information section above, WITHIN 30 DAYS OF THE ISSUED DATE THIS NOTICE IS MAILED.

The Texas Commission on Environmental Quality (TCEQ) has initiated a minor amendment of the Texas Pollutant Discharge Elimination System (TPDES) permit issued to SET ENVIRONMENTAL, INC. which operates an industrial solid waste management facility, to correct typographical errors in the monitoring frequencies at Outfall 001 for the Chemical Oxygen Demand and Oil and Grease parameters in the permit. The existing permit authorizes the discharge of storm water associated with industrial activity on an intermittent and flow variable basis via Outfall 001. The facility is located at 5743 Cheswood Street, in the City of Houston, Harris County, Texas.

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

TRD-200801412

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 12, 2008

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on February 26, 2008, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Double Diamond Utilities Co. dba White Bluff Community Water System; SOAH Docket No. 582-07-3289; TCEQ Docket No. 2006-1730-PWS-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Double Diamond Utilities Co. dba White Bluff Community Water System on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Paul Munguía, Office of the Chief Clerk, (512) 239-3300.

TRD-200801414

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 12, 2008

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on March 4, 2008, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Chester Hermes; SOAH Docket No. 582-08-0163; TCEQ Docket No. 2007-0452-MSW-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Chester Hermes on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Paul Munguía, Office of the Chief Clerk, (512) 239-3300.

TRD-200801415

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 12, 2008

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on February 25, 2008, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Palo Gaucho, Inc.; SOAH Docket No. 582-07-4078; TCEQ Docket No. 2006-2025-MWD-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Palo Gaucho, Inc. on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Paul Munguía, Office of the Chief Clerk, (512) 239-3300.

TRD-200801416

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 12, 2008

List of Late Filers

Listed below are the names of filers from the Texas Ethics Commission who did not file reports, or failed to pay penalty fines for late reports in reference to the listed filing deadline. If you have any questions, you may contact Robbie Douglas at (512) 463-5800 or (800) 325-8506.

Deadline: 8-Day Pre-Election Report due October 29, 2007

Roland M. Chavez, Houston Professional Fire Fighters Association Local #341 PAC, 1907 Freeman St., Houston, Texas 77009-8334

Deadline: Semiannual Report due January 15, 2008, for Candidates and Officeholders

Harold V. Dutton Jr., 4001 Jewett St., Houston, Texas 77026

Michael A. Franks, 20230 Kings Camp Dr., Katy, Texas 77450-4322

Randy Frazier, 2450 Louisiana St., Ste. 400-514, Houston, Texas 77006-2380

George D. Gilles, 1910 College Ave., Midland, Texas 79701-6935

Anton E. Hackebeil, P.O. Box 220, Hondo, Texas 78861-0220

Jeff Humber, 1721 High Ridge Rd., Benbrook, Texas 76126-2907

Randall Kallinen, 1406 Castle Ct., Houston, Texas 77006-5756

Frank L. Lacy, 401 N. Rio St., Fort Stockton, Texas 79735-4835

Jason Allen Moore, 2716 Bainbridge Dr., Odessa, Texas 79762-5112

George James Sales III, 6306 Brianna Cir., Corpus Christi, Texas 78414-3685

Jim Solis, 1021 S. F St., Harlingen, Texas 78550-6748

Jimmy P. Wrotenbery, 2300 Mimosa Dr., Houston, Texas 77019-6024

Jorge Borunda Zaragoza, 3701 Kirby Dr., Houston, Texas 77098-3900

Deadline: Semiannual Report due January 15, 2008, for Political Action Committees

Jaime Avelar, Americans for Energy Independence, P.O. Box 24, Fabens, Texas 79838-0024

Sandi Breaux, Southwest Republican Club, 4751 Westcreek Dr., Fort Worth, Texas 76133-1371

Roland M. Chavez, Houston Professional Fire Fighters Association Local #341 PAC, 1907 Freeman St., Houston, Texas 77009-8334

Harold Dutton, Harris County Delegation - Caucus, P.O. Box 2910, RM. 3N.05, Austin, Texas 78768

Damon D. Edwards, Ansun PAC, 13701 Broad Oaks Ln., Rosharon, Texas 77583-2031

Richie Floyd, Plano Fire Fighters Committee for Effective Government, 1214 Mars Dr., Cedar Hill, Texas 75104-3206

Dirk Hedges, McKinney Fire Fighter's Association For Responsible Government, P.O. Box 2754, McKinney, Texas 75070-8175

Lisa Holbrook, Texans for John Davis, 1 Greenway Plaza, Ste. 225, Houston, Texas 77046-0106

Eddie Janek, Friends of Kyle Janek, 1 Greenway Plaza, Ste. 225, Houston, Texas 77046-0106

David R. Johannessen, Parents and Teachers Working Together, 1201 W. Park Row Dr., Arlington, Texas 76013-3602

W. Troy McKinney, Concerned Citizens for a Responsible Judiciary PAC, 440 Louisiana St., Ste. 800, Houston, Texas 77002-1637

Marcus M. Mpwo, African Coalition PAC, 17807 Scenic Oaks Dr., Richmond, Texas 77469-8587

Heather Ramon-Ayala, Texans for Local Control, 3822 Blue Oak Pass, San Antonio, Texas 78223-2373

Sherri Riedel, PEIMS PAC, P.O. Box 402, Marion, Texas 78124-0402

Gary Rowe, PAC of the Wichita Falls Association of Insurance Agents, 113 S. Center, P.O. Box 1127, Archer City, Texas 76351-1127

Bobby R. Stephens, Help Elect Responsible Officials PAC, 131 High Gabriel Dr., Leander, Texas 78641-9757

Christopher C. Stevens, The Conservative Cause, P.O. Box 642, League City, Texas 77574-0642

Bruce A. Tankleff, Texas Democratic Women of Montgomery County PAC, 15 Gillium Bluff Pl., The Woodlands, Texas 77382-1622

Lynda P. Vine, Foundation Appraisers Coalition of Texas PAC (FACT), 6106 Vance Jackson Rd. #2, San Antonio, Texas 78230-3373

Deadline: Lobby Activities Report due October 10, 2007

Mark Seale, P.O. Box 301805, Austin, Texas 78703

Deadline: Lobby Activities Report due November 13, 2007

Roland M. Chavez, 1907 Freeman St., Houston, Texas 77009

Mike French, 816 Congress Ave., Ste. 940, Austin, Texas 78701

Mark Seale, P.O. Box 301805, Austin, Texas 78703

Johnny Villarreal, 1907 Freeman St., Houston, Texas 77009

Jim Warren, 710 W. 30th St., Austin, Texas 78705-2206

Deadline: Lobby Activities Report due December 10, 2007

Roland M. Chavez, 1907 Freeman St., Houston, Texas 77009

Johnny Villarreal, 1907 Freeman St., Houston, Texas 77009

Jim Warren, 710 W. 30th St., Austin, Texas 78705-2206

Deadline: Personal Financial Statement due November 1, 2007

James D. Schull, 1328 Trinity Dr., Benbrook, Texas 76126

TRD-200801321

David Reisman

Executive Director

Texas Ethics Commission

Filed: March 5, 2008

Request for Proposals #303-8-11302

The Texas Facilities Commission (TFC), on behalf of the General Land Office (GLO), announces the issuance of Request for Proposals (RFP) #303-8-11302. TFC seeks a minimum of 18 month lease of approximately 12,983 square feet of office space in Austin, Travis County, Texas.

The deadline for questions is March 28, 2008 and the deadline for proposals is April 4, 2008 at 3:00 p.m. The award date is May 1, 2008. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant.

Parties interested in submitting a proposal may obtain information by contacting TFC Purchaser Sandy Williams at (512) 475-0453. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=75514.

TRD-200801376

Kay Molina

General Counsel

Texas Facilities Commission

Filed: March 10, 2008

Title IV-B Child and Family Services Plan

The Texas Department of Family and Protective Services (DFPS), as the designated agency to administer Title IV-B programs in the state of Texas, is developing the annual update of the Title IV-B Child and Family Services Plan (CFSP) for Texas. Under guidelines issued by the U.S. Department of Health and Human Services, Administration for Children and Families, DFPS is required to review the progress made in the previous year toward accomplishing the goals and objectives identified in the state's five year CFSP for the period from October 1, 2004, through September 30, 2009.

The CFSP Annual Progress and Services Report (APSR) is required for the state to receive its federal allocation for fiscal year 2009 authorized under Title IV-B of the Social Security Act, Subparts 1 and 2, and the Child Abuse Prevention and Treatment Act (CAPTA). The APSR also gives states an opportunity to apply for fiscal year 2008 funds for the Chafee Foster Care Independence Program. The annual report referenced above must be submitted by June 29, 2008.

The purpose of this notice is to solicit input in the development of the APSR. This input will enable the agency to consider and include any changes in our state plan in order to best meet the needs of the children and families the agency serves. Members of the public can obtain more detailed information regarding the CFSP from the DFPS web site at: http://www.dfps.state.tx.us. The web site includes a copy of last year's APSR and a copy of the 2004-2009 CFSP.

Written comments regarding the annual update or the five-year plan may be faxed or mailed to: Texas Department of Family and Protective Services, Attention: Max Villarreal; P.O. Box 149030, MC W-157; Austin, Texas 78714-9030; telephone (512) 438-3412; fax (512) 438-3782. The comments must be received no later than May 1, 2008.

TRD-200801405

Gerry Williams

General Counsel

Department of Family and Protective Services

Filed: March 12, 2008

Public Notice

The Texas Health and Human Services Commission (HHSC) announces its intent to submit the state's application for a renewal of the Texas Waiver for Home and Community-Based Services (HCS waiver). The HSC waiver is a §1915(c) program under the Texas State Plan for Medical Assistance and Title XIX of the Social Security Act. The current waiver will expire August 31, 2008.

The Texas Home and Community-Based Services waiver program provides individualized services and supports to persons with mental retardation who are living with their families, in their own homes, or in other community settings, such as small group homes. Services include: case management; adaptive aids; minor home modifications; counseling and therapies (including audiology, speech therapy, occupational therapy, physical therapy, dietary services, social work, and psychology); dental treatment; nursing; supported home living; foster/companion care; supervised living; residential support; respite; supported employment; and day habilitation. Day habilitation provides assistance with acquiring, retaining, or improving self-help, socialization, and adaptive skills necessary to reside successfully in home and community-based settings. The eligibility requirements are: having mental retardation or a related condition; meeting eligibility requirements for admission to an intermediate care facility for individuals with mental retardation (ICF-MR); and meeting financial eligibility. When compared to services provided to individuals in an ICF-MR, the renewed waiver is designed to be cost neutral for the entire five-year period.

HHSC is requesting that the waiver renewal be approved for an additional five-year period beginning March 1, 2008. The waiver maintains cost neutrality of service costs for federal fiscal years 2008 through 2013.

To obtain copies of the proposed waiver, interested parties may contact Kyna Belcher, Texas Health and Human Services Commission, P.O. Box 85200, Mail Code H-620, Austin, Texas 78708-5200, telephone (512) 491-1884, fax (512) 491-1953, or e-mail kyna.belcher@hhsc.state.tx.us.

TRD-200801355

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: March 7, 2008

The Texas Health and Human Services Commission (HHSC) announces its intent to submit Amendment 808, Transmittal Number TX 08-004, to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed amendment is effective March 22, 2008.

The proposed amendment revises the reimbursement methodology for nursing facility rehabilitative and specialized services to state that Medicaid reimbursement rates to nursing facilities for therapy services provided by independent occupational, physical, and speech therapists are based on the current Medicare relative value units (RVUs) times the current Texas Medicaid conversion factor and then converted to hourly rates, with the same hourly rates applicable to therapy sessions and therapy evaluations. The revised methodology further indicates that the reimbursement rate to nursing facilities for therapy and evaluation services provided by nursing facility staff is a flat fee established by HHSC.

The proposed amendment is estimated to result in additional annual aggregate expenditures of $228,902 for the remainder of federal fiscal year (FFY) 2008 (March 22, 2008, through September 30, 2008), of which approximately $138,623 is federal funds and $90,279 is state general revenue. For FFY 2009, the proposed amendment is estimated to result in additional annual aggregate expenditures of $554,222, of which approximately $329,430 is federal funds and $224,792 is state general revenue. For FFY 2010, the proposed amendment is estimated to result in additional aggregate annual expenditures of $601,873, of which approximately $357,753 is federal funds and $244,120 is state general revenue.

Interested parties may obtain copies of the proposed amendment by contacting Eileen Kreh, Rate Analyst, by mail at the Rate Analysis Department, Texas Health and Human Services Commission, P.O. Box 85200, H-400, Austin, Texas 78708-5200; by telephone at (512) 491-1347; by facsimile at (512) 491-1998; or by e-mail at Eileen.Kreh@hhsc.state.tx.us. Copies of the proposed amendment will also be made available for public review at the local offices of the Texas Department of Aging and Disability Services.

TRD-200801401

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: March 11, 2008

Notice of Agreed Orders

Notice is hereby given that the Department of State Health Services (department) issued Agreed Orders to the following registrants:

Huntsman Corporation (License Number L04067) of Port Arthur. A total penalty of $15,500 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

Texas Imaging and Diagnostic Center (Registration Number M00796) of Irving. 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.

Universal MRI and Diagnostics Center (Registration Number R18519) of Houston. A total penalty of $58,250 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

Stanley A. Lacroix, DDS (Registration Number R07044) of Austin. 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.

Kleinfelder (License Number L01351) of Austin. A total penalty of $9,000 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

Downtown Foot Health Center (Registration Number R17423) of The Woodlands. A total penalty of $2,750 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

Lakeside Hospital at Bastrop (Registration Number R29985) of Bastrop. A total penalty of $3,250 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

Doctor's Outpatient Surgicenter (Registration Number R24967) of Pasadena. A total penalty of $8,750 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

Diagnostic Health Arlington (Registration Number M00366) of Arlington. A total penalty of $28,500 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

Texas Diagnostic Imaging Center (Registration Number M00657) of Amarillo. A total penalty of $11,500 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

Mesquite Community Hospital (Registration Number M00380) of Mesquite. A total penalty of $1,750 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

Shaw Pipeline Services, Inc. (Registration Number OK2319302) of Oklahoma. A total penalty of $2,500 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

Vision Chiropractic, PA (Registration Number R21518) of El Paso. A total penalty of $1,500 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

Coryell Memorial Hospital (Registration Number M00679) of Gatesville. 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.

Spohn Hospital (License Number L02495) of Corpus Christi. A total penalty of $625 shall be paid by registrant for violation of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

W.J. Mangold Memorial Hospital (Registration Number R00612) of Lockney. 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.

Martin E. McGonagle, MD, PA (Registration Number R16136) of Brownwood. 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.

Grogan's Park Chiropractic Center (Registration Number R22990) of The Woodlands. A total penalty of $1,250 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

North Texas Imaging/Hampton Center II (Registration Number M00765) of Dallas. 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.

College Station Family Medicine Center (Registration Number R25742) of College Station. A total penalty of $5,000 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-200801404

Lisa Hernandez

General Counsel

Department of State Health Services

Filed: March 12, 2008

Notice of Public Hearing

Multifamily Housing Revenue Bonds (West Oaks Senior Apartments) Series 2008

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Issuer") at Holmquist Elementary School, 15040 Westpark, Houston, Texas 77082, at 6:00 p.m. on April 16, 2008, with respect to an issue of tax-exempt multifamily residential rental development revenue bonds in an aggregate principal amount not to exceed $14,000,000 and taxable bonds, if necessary, in an amount to be determined, to be issued in one or more series (the "Bonds"), by the Issuer. The proceeds of the Bonds will be loaned to 2007 Houston Development, LLC, a limited liability company, or a related person or affiliate thereof (the "Borrower") to finance a portion of the costs of acquiring, constructing, and equipping a multifamily housing development (the "Development") described as follows: 232-unit multifamily residential rental development for seniors located at approximately 15300 Caseta Drive, Harris County, Texas. Upon the issuance of the Bonds, the Development will be owned by the Borrower.

All interested parties are invited to attend such public hearing to express their views with respect to the Development and the issuance of the Bonds. Questions or requests for additional information may be directed to Teresa Morales at the Texas Department of Housing and Community Affairs, P.O. Box 13941, Austin, Texas 78711-3941; (512) 475-3344; and/or teresa.morales@tdhca.state.tx.us.

Persons who intend to appear at the hearing and express their views are invited to contact Teresa Morales in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to Teresa Morales prior to the date scheduled for the hearing. Individuals who require a language interpreter for the hearing should contact Teresa Morales at least three days prior to the hearing date. Personas que hablan español y requieren un intérprete, favor de llamar a Jorge Reyes al siguiente número (512) 475-4577 por lo menos tres días antes de la junta para hacer los preparativos apropiados.

Individuals who require auxiliary aids in order to attend this meeting should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943 or Relay Texas at (800) 735-2989 at least two days before the meeting so that appropriate arrangements can be made.

TRD-200801353

Michael Gerber

Executive Director

Texas Department of Housing and Community Affairs

Filed: March 6, 2008

Company Licensing

Application to change the name of JEFFERSON LIFE INSURANCE COMPANY to JEFFERSON CASUALTY INSURANCE COMPANY, a domestic fire and/or casualty company. The home office is in Dallas, Texas.

Application for admission to the State of Texas by AUTO ONE SELECT INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Melville, New York.

Application for admission to the State of Texas by UNITED SECURITY ASSURANCE COMPANY OF PENNSYLVANIA, a foreign life, accident and/or health company. The home office is in Souderton, Pennsylvania.

Any objections must be filed with the Texas Department of Insurance, within twenty (20) calendar days from the date of the Texas Register publication, addressed to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.

TRD-200801419

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: March 12, 2008

The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration.

Application to change the name of NORTHWEST DIAGNOSTIC CLINIC IPA, LLC to NORTHWEST DIAGNOSTIC CLINIC IPA, LLC, (using the assumed name of ACCESS HEALTH PROVIDERS) a domestic third party administrator. The home office is HOUSTON, TEXAS.

Application to change the name of BANKERS LIFE INSURANCE COMPANY OF NEW YORK to AVIVA LIFE AND ANNUITY COMPANY OF NEW YORK, a foreign third party administrator. The home office is WOODBURY, NEW YORK.

Any objections must be filed within 20 days after this notice is published in the Texas Register, addressed to the attention of Matt Ray, MC 107-1A, 333 Guadalupe, Austin, Texas 78701.

TRD-200801420

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: March 12, 2008

Notice of Request for Proposal

The Legislative Budget Board (LBB) announces the issuance of a Request for Proposal (LBB 2008 APR RFP 001) from qualified, independent firms to provide consulting services to assist the LBB in conducting a study of the state's options in providing integrated long-term care housing and support services. The successful respondent(s) will be expected to begin performance of the contract or contracts, if any, on or about April 10, 2008, or as soon thereafter as practical.

Contact: Parties interested in submitting a proposal should contact Bill Parr, Assistant Director, Legislative Budget Board, 1501 N. Congress, Fifth Floor, Austin, Texas 78701, telephone number: (512) 463-1200, to obtain a copy of the RFP. The LBB will mail copies of the RFP only to those specifically requesting a copy. The LBB will also make the complete RFP available electronically on the Texas Marketplace at: http://esbd.tbpc.state.tx.us and on the LBB website at http://www.lbb.state.tx.us after 10:00 a.m. CZT, on March 11, 2008.

Questions: All questions regarding the RFP must be sent via facsimile to Bill Parr at (512) 475-2902, not later than 2:00 p.m. CZT, on March 17, 2008. Official responses to questions received by the foregoing deadline will be posted electronically on the Texas Marketplace and the LBB website no later than March 20, 2008, or as soon thereafter as practical.

Mandatory Letters of Intent: All potential respondents must submit non-binding Mandatory Letters of Intent to Propose, which must be received in the issuing office no later than 2:00 p.m. CZT, on March 26, 2008. Only the proposals of those respondents who submit a timely Letter of Intent will be considered.

Closing Date: Proposals must be received in the issuing office at the address specified above no later than 2:00 p.m. CZT, on April 3, 2008. Proposals received after this time and date will not be considered. Respondents shall be solely responsible for confirming the timely receipt of proposals.

Evaluation and Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria and procedures set forth in the RFP. The LBB will make the final decision regarding the award of a contract or contracts. The LBB reserves the right to award one or more contracts under this RFP.

The LBB reserves the right to accept or reject any or all proposals submitted. The LBB is under no legal or other obligation to execute any contracts on the basis of this notice or the distribution of any RFP. The LBB shall not pay for any costs incurred by any entity in responding to this Notice or the RFP.

The anticipated schedule of events is as follows:

Issuance of RFP - March 10, 2008, after 10:00 a.m. CZT;

Questions Due - March 17, 2008, 2:00 p.m. CZT;

Official Responses to Questions Posted - March 20, 2008, or as soon thereafter as practical;

Letters of Intent Due - March 26, 2008, 2:00 p.m. CZT;

Proposals Due - April 3, 2008, 2:00 p.m. CZT;

Contract Execution - April 10, 2008, or as soon thereafter as practical;

Commencement of Project Activities - April 10, 2008, or as soon thereafter as practical.

TRD-200801369

Bill Parr

Assistant Director

Legislative Budget Board

Filed: March 10, 2008

Instant Game Number 1043 "Slots of Ca$h"

1.0 Name and Style of Game.

A. The name of Instant Game No. 1043 is "SLOTS OF CA$H". The play style is "multiple lines".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1043 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 1043.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: STAR SYMBOL, HORSESHOE SYMBOL, POT OF GOLD SYMBOL, BELL SYMBOL, APPLE SYMBOL, CLOVER SYMBOL and RAINBOW SYMBOL.

D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

Figure 1: Game No. 1043 - 1.2D

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

Figure 2: Game No. 1043 - 1.2E

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

F. Serial Number - A unique 14 (fourteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There will be a four (4)-digit "security number" which will be individually boxed and randomly placed within the number. The remaining ten (10) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 00000000000000.

G. Low-Tier Prize - A prize of $5.00, $10.00, $15.00 or $20.00.

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

I. High-Tier Prize - A prize of $1,000, $5,000 or $50,000.

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

K. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1043), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 75 within each pack. The format will be: 1043-0000001-001.

L. Pack - A pack of "SLOTS OF CA$H" Instant Game tickets contains 75 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 001 and back of 075 while the other fold will show the back of ticket 001 and front of 075.

M. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "SLOTS OF CA$H" Instant Game No. 1043 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule, §401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "SLOTS OF CA$H" Instant Game is determined once the latex on the ticket is scratched off to expose 36 (thirty-six) Play Symbols. The player must scratch off the entire play area. If a player reveals 3 matching symbols in a horizontal, vertical or diagonal line within a GAME, the player wins the prize shown for that symbol in the legend. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 36 (thirty-six) Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink except for dual image games;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly 36 (thirty-six) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the 36 (thirty-six) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 36 (thirty-six) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. No more than two duplicate non-winning symbols within a GAME.

C. No two non-winning horizontal or vertical lines will have the same play symbols within the same locations within a GAME.

D. No duplicate non-winning GAMES on a ticket.

E. Non-winning play symbols will not match winning play symbols within a GAME.

F. There will be at least one near win per GAME. A near win is a vertical, horizontal or diagonal line where all but one position contains identical play symbols.

G. A GAME can win up to three times but this will only occur on tickets that win 10 or 11 times.

2.3 Procedure for Claiming Prizes.

A. To claim a "SLOTS OF CA$H" Instant Game prize of $5.00, $10.00, $15.00, $20.00, $50.00, $100 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, required to pay a $50.00, $100 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "SLOTS OF CA$H" Instant Game prize of $1,000, $5,000 or $50,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "SLOTS OF CA$H" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "SLOTS OF CA$H" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "SLOTS OF CA$H" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 6,000,000 tickets in the Instant Game No. 1043. The approximate number and value of prizes in the game are as follows:

Figure 3: Game No. 1043 - 4.0

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1043 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 1043, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200801382

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: March 10, 2008

1.0 Name and Style of Game.

A. The name of Instant Game No. 1060 is "INDIANA JONES™". The play style for this game is "key number match".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1060 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 1060.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, $5.00, $10.00, $15.00, $20.00, $50.00, $100, $1,000, and $50,000.

D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

Figure 1: GAME NO. 1060 - 1.2D

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

Figure 2: GAME NO. 1060 - 1.2E

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

F. Serial Number - A unique 14 (fourteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There will be a four (4)-digit "security number" which will be individually boxed and randomly placed within the number. The remaining ten (10) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 00000000000000.

G. Low-Tier Prize - A prize of $5.00, $10.00, $15.00, or $20.00.

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

I. High-Tier Prize - A prize of $1,000, $5,000 or $50,000.

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

K. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1060), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 75 within each pack. The format will be: 1060-0000001-001.

L. Pack - A pack of "INDIANA JONES™" Instant Game tickets contains 75 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 001 and back of 075 while the other fold will show the back of ticket 001 and front of 075.

M. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401.

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "INDIANA JONES™" Instant Game No. 1060 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "INDIANA JONES™" Instant Game is determined once the latex on the ticket is scratched off to expose 45 (forty-five) Play Symbols. If a player matches any of YOUR NUMBERS to any of the WINNING NUMBERS, the player wins PRIZE shown for that number. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 45 (forty-five) Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink except for dual image games;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted, or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code, and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly 45 (forty-five) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

15. The ticket must not be blank or partially blank, misregistered, defective, or printed or produced in error;

16. Each of the 45 (forty-five) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 45 (forty-five) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. No five or more matching non-winning prize symbols on a ticket.

C. No duplicate non-winning YOUR NUMBERS play symbols on a ticket.

D. No duplicate WINNING NUMBERS play symbols on a ticket.

E. Non-winning prize symbols will never be the same as a winning prize symbol(s).

F. No prize amount in a non-winning spot will correspond with the YOUR NUMBERS play symbol (i.e., 5 and $5).

G. The $1,000 and $50,000 prize symbols will appear at least once on every ticket unless otherwise restricted by the prize structure.

2.3 Procedure for Claiming Prizes.

A. To claim an "INDIANA JONES™" Instant Game prize of $5.00, $10.00, $15.00, $20.00, $50.00, or $100, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required to pay a $50.00 or $100 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim an "INDIANA JONES™" Instant Game prize of $1,000, $5,000 or $50,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming an "INDIANA JONES™" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "INDIANA JONES™" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "INDIANA JONES™" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code, §466.408. Any prize not claimed within that period and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales, and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 6,000,000 tickets in the Instant Game No. 1060. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 1060 - 4.0

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1060 without advance notice; at which point, no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 1060, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401, and all final decisions of the Executive Director.

TRD-200801354

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: March 6, 2008

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

The Public Utility Commission of Texas received an application on March 3, 2008, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).

Project Title and Number: Application of Time Warner Cable for an Amendment to a State-Issued Certificate of Franchise Authority, Project Number 35418 before the Public Utility Commission of Texas.

The requested amended CFA service area includes the municipality of Niederwald, Texas, and the incorporated city limits of Leander, Texas, with the exception of the Crystal Falls subdivision.

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 35418.

TRD-200801342

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 6, 2008

The Public Utility Commission of Texas received an application on March 3, 2008, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).

Project Title and Number: Application of Time Warner Cable for an Amendment to a State-Issued Certificate of Franchise Authority, Project Number 35419 before the Public Utility Commission of Texas.

Time Warner Cable requests to relinquish SICFA No. 90016 and to consolidate its service area footprint into SICFA No. 90008.

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 35419.

TRD-200801343

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 6, 2008

The Public Utility Commission of Texas received an application on March 5, 2008, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).

Project Title and Number: Application of Friendship Cable of Texas, Inc., d/b/a Suddenlink Communications for an Amendment to a State-Issued Certificate of Franchise Authority, Project Number 35425 before the Public Utility Commission of Texas.

The requested amended CFA service area includes the City Limits of Oak Ridge, 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 35425.

TRD-200801360

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 7, 2008

The Public Utility Commission of Texas received an application on March 10, 2008, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).

Project Title and Number: Application of Comcast of Houston, LLC for An Amendment to a State-Issued Certificate of Franchise Authority, Project Number 35442 before the Public Utility Commission of Texas.

The requested amended CFA service area includes the Cities of League City, and Houston, Texas, including any future annexations.

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 35442.

TRD-200801398

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 11, 2008

On March 6, 2008, the Electric Reliability Council of Texas, Inc. (ERCOT) filed with the Public Utility Commission of Texas (commission) an application for approval of a revised nodal market implementation surcharge and request for interim relief.

Pursuant to the Order Nunc Pro Tunc issued in Docket Number 32686, "ERCOT may initiate commission proceedings to change the nodal surcharge only if the change in the Nodal Program cost estimate leading to the request is more than 10% higher or lower than the amounts presented in this proceeding." The current Nodal Surcharge is $0.127 per megawatt-hour (MWh). ERCOT requests that the commission change the Nodal Surcharge to $0.169 per MWh, to be implemented no later than June 1, 2008 so that the anticipated expiration of the surcharge in 2012 would not change. ERCOT bases its request for a revised Nodal Surcharge on the need to recover $311.3 million, which represents the cost of the Nodal Program to be recovered by the Nodal Surcharge, including the costs of financing portions of the Nodal Program with reasonable levels of debt.

Persons who wish to intervene or comment 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. 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 and interventions should reference Docket Number 35428.

ERCOT has posted notice and a copy of its application on its website at http://www.ercot.com/about/governance/legal_notices.html. Interested parties may also access ERCOT's application through the Public Utility Commission's web site at http://www.puc.state.tx.us under Docket Number 35428 - Application of the Electric Reliability Council of Texas for Approval of a Revised Nodal Market Implementation Surcharge.

TRD-200801380

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 10, 2008

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on March 4, 2008, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA).

Docket Title and Number: Application of ATC Outdoor DAS, LLC for a Service Provider Certificate of Operating Authority, Docket Number 35422 before the Public Utility Commission of Texas.

Applicant intends to provide transport of radio signals for business.

Applicant's requested SPCOA geographic area includes the entire State of Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than March 26, 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 35422.

TRD-200801359

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 7, 2008

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on March 5, 2008, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA).

Docket Title and Number: Application of Digit Line Express, LLC for a Service Provider Certificate of Operating Authority, Docket Number 35426 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service and long distance services.

Applicant's requested SPCOA geographic area includes the areas of Texas currently served by AT&T Texas, and Verizon Southwest.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than March 26, 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 35426.

TRD-200801361

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 7, 2008

Notice is given to the public of an application filed on March 3, 2008 with the Public Utility Commission of Texas (commission) for waiver from the requirements in P.U.C. Substantive Rule §26.420(f)(3)(B).

Docket Style and Number: Application of Hill Country Long Distance Telephone Cooperative, Inc., d/b/a Hill Country Long Distance for Waiver to Apply Safe-Harbor Percentage to Calculate Texas Universal Service Fund (TUSF) Assessment Pursuant to P.U.C. Substantive Rule §26.420(f)(3)(B). Docket Number 35421.

The Application: Hill Country Long Distance is a new provider of long distance telephone service in Texas and is registered as an interexchange carrier with the commission. Hill Country Long Distance states that it has elected to use the safe-harbor percentage approved by the commission for its classification of service provided and will be submitting its compliance tariff to reflect the safe-harbor methodology. Hill Country Long Distance requests that the commission grant it a permanent waiver from the requirements contained in P.U.C. Substantive Rule §26.420(f)(3)(A) to allow Hill Country Long Distance to use the commission-ordered safe-harbor TUSF assessment methodology to calculate TUSF assessments.

Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas by March 21, 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 35421.

TRD-200801344

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 6, 2008

Notice is given to the public of the filing on March 11, 2008, with the Public Utility Commission of Texas (commission), a notice of intent to file a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.214. The Applicant will file the LRIC study on March 14, 2008.

Docket Title and Number: Application of Windstream Sugar Land, Inc. for Approval of a LRIC Study for Directory Assistance Call Completion Pursuant to P.U.C. Substantive Rule §26.214, Docket Number 35448.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 35448. Written comments or recommendations should be filed no later than 45 days after the date of a sufficient study and should be filed at the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free 1-800-735-2989. All comments should reference Docket Number 35448.

TRD-200801411

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 12, 2008

Notice of Application for Designation as a "Texas Star Builder"

The Texas Residential Construction Commission (commission or TRCC) adopted rules regarding the procedures for designation as a "Texas Star Builder" at 10 TAC §303.300. The rules were adopted pursuant to §416.011, Property Code (Act effective September 1, 2003), which provides that the commission shall establish rules and procedures through which a builder can be designated as a "Texas Star Builder." The commission rules for application for designation can be found on the commission's website at www.trcc.state.tx.us.

10 TAC §303.300(i)(2) requires the commission to publish in the Texas Register notice of the application of each person seeking to become designated as a "Texas Star Builder" registered under this subchapter. The commission will accept public comment on each application for 21 days after the date of publication of the notice. Information provided in response to this notice will be utilized in evaluating the applicants for approval. The Texas Star Builder designation requires that a builder or remodeler demonstrate that its education, experience and commitment to professionalism sets the builder or remodeler apart from its peers and offers some assurance to its customers that its quality of service and construction will be above average. Pursuant to 10 TAC §303.300(i)(2) the commission hereby notices the application for designation as a "Texas Star Builder" of:

M. Christopher Custom Homes LLC, 630 Oakmont Court, Fairview, Texas 75069. M. Christopher Custom Homes LLC holds TRCC builder registration #32352. The applicant's registered agent is Rudy Rivas.

Interested persons may send written comments regarding this application to Susan K. Durso, General Counsel, Texas Residential Construction Commission, P.O. Box 13144, Austin, Texas 78711-3144. Comments regarding this application will be accepted for 21 days following the date of publication of this notice in the Texas Register . Thereafter, the comments will not be considered as timely filed.

TRD-200801326

A. Duane Waddill

Executive Director

Texas Residential Construction Commission

Filed: March 5, 2008

Order Amending Texas Rules of Appellate Procedure

IN THE SUPREME COURT OF TEXAS

Misc. Docket No. 08-9017

ORDERED that:

1. Pursuant to Texas Government Code §22.004, the Texas Rules of Appellate Procedure are amended as follows.

2. This Order approves changes to rules of appellate procedure in civil cases. The Court of Criminal Appeals is concurrently issuing a separate order approving amendments to rules of appellate procedure in criminal cases. Amendments to rules of appellate procedure that apply to both civil and criminal cases are thus jointly approved by both courts. For convenience, all of the appellate rule amendments are attached to both orders.

3. The comments appended to these rules are intended to inform the construction and application of the rules.

4. Comments on changes to rules in civil cases may be submitted to the Court in writing on or before June 30, 2008 addressed to Jody Hughes, Rules Attorney, P.O. Box 12248, Austin TX 78711, or may be emailed to him at jody.hughes@courts.state.tx.us.

5. These amended rules, with any changes made after public comments are received, take effect September 1, 2008.

6. The Clerk is directed to:

a. file a copy of this Order with the Secretary of State;

b. cause a copy of this Order to be mailed to each registered member of the State Bar of Texas by publication in the Texas Bar Journal;

c. send a copy of this Order to each elected member of the Legislature before December 1; and

d. submit a copy of this Order for publication in the Texas Register.

SIGNED AND ENTERED, this 10th day of March, 2008.

___________________________________________

Wallace B. Jefferson, Chief Justice

___________________________________________

Nathan L. Hecht, Justice

___________________________________________

Harriet O'Neill, Justice

___________________________________________

J. Dale Wainwright, Justice

___________________________________________

Scott Brister, Justice

___________________________________________

David M. Medina, Justice

___________________________________________

Paul W. Green, Justice

___________________________________________

Phil Johnson, Justice

___________________________________________

Don R. Willett, Justice

Rule 8. Bankruptcy in Civil Cases

8.1 Notice of Bankruptcy. Any party may file a notice that a party is in bankruptcy. The notice must contain:

(a) the bankrupt party's name;

(b) the court in which the bankruptcy proceeding is pending;

(c) the bankruptcy proceeding's style and case number; and

(d) the date when the bankruptcy petition was filed. ;and

(e) an authenticated copy of the page or pages of the bankruptcy petition that show when the petition was filed.

Comment to 2008 change: The amendment eliminates the former requirement that the bankruptcy notice contain certain pages of the bankruptcy petition, in recognition that electronic filing is now prevalent in bankruptcy courts and access to bankruptcy petitions is widely available through the federal PACER system.

Rule 9. Papers Generally

9.3 Number of Copies

(b) Supreme Court and Court of Criminal Appeals. Except as otherwise provided in this rule, a A party must file the original and 11 copies of any document addressed to either the Supreme Court or the Court of Criminal Appeals . In the Supreme Court, only an original and two copies of a motion for extension of time or a response to the motion must be filed. , except that In the Court of Criminal Appeals, only the original of the following must be filed in the Court of Criminal Appeals :

(1) a motion for extension of time or a response to the motion; or

(2) a pleading under Code of Criminal Procedure article 11.07.

9.8 Protection of Minor Child's Identity in Appellate Proceedings Following Parental-Rights Termination Proceedings or Juvenile Court Proceedings

(a) Redaction of Minors' Names Generally Required in Appellate Briefing and Opinions.

(1) In an appeal or original proceeding following a trial at which the termination of parental rights was at issue, a minor child shall be identified only by one or more initial letters of the minor's name or by a fictitious name in any papers-except a docketing statement-submitted to an appellate court, or in any opinion issued by an appellate court, unless the court orders otherwise.

(2) In an appeal or original proceeding following trial proceedings under Title 3 of the Family Code, a minor child shall be identified only by one or more initial letters of the minor's name or by a fictitious name in any papers-except a docketing statement-submitted to an appellate court, or in any opinion issued by an appellate court.

(b) Redaction of Parents' Names.

(1) In an appeal or original proceeding described in paragraph (a)(1), an appellate court may substitute in an opinion, and may order parties and amici curiae to substitute in any papers submitted to the appellate court, one or more initial letters or a fictitious name for the name of a minor child's parent or other family member if the court determines that such substitution is necessary to protect the minor child's identity.

(2) In an appeal or original proceeding described in paragraph (a)(2), an appellate court must substitute in an opinion, and parties and amici curiae must substitute in any papers submitted to the appellate court, one or more initial letters or a fictitious name for the name of a minor child's parent or other family member.

(c) Redaction of Children's Names In Copies of Appendix Items. In an appeal or original proceeding described in paragraph (a)(1) or (a)(2), for any necessary or optional appendix items to be included with a brief, petition, or motion, copies of any appendix items containing the name of a minor child shall be redacted so that the minor is identified only by one or more initial letters of the minor's name or by a fictitious name.

(d) Redaction of Parents' Names In Copies of Appendix Items.

(1) In an appeal or original proceeding described in paragraph (a)(1), an appellate court may order the substitution of initials or a fictitious name for the name of a minor child's parents or other family members in any necessary or optional appendix items to be included with a brief, petition, or motion if the court determines that such substitution is necessary to protect the minor child's identity.

(2) In an appeal or original proceeding described in paragraph (a)(2), parties and amici curiae must substitute initials or a fictitious name for the name of a minor child's parents or other family members in any necessary or optional appendix items to be included with a brief, petition, or motion.

(e) No Alteration of Appellate Record. Nothing in this rule authorizes alteration of the original appellate record except as specifically authorized by court order.

Comment to 2008 change: This is a new rule. Family Code §109.002(d) authorizes appellate courts, in their opinions, to identify parties to suits affecting the parent-child relationship (SAPCR) by fictitious names or by initials only. This law allows courts to protect the privacy interests of minor children involved in SAPCR proceedings, including suits to terminate parental rights. Similarly, Family Code §56.01(j) prohibits identification of a minor child or his family in an appellate opinion related to juvenile court proceedings. However, as appellate briefing becomes more widely available through electronic media sources, appellate courts' efforts to protect minor children's privacy by disguising their identities in appellate opinions may be defeated if the same children are fully identified in briefs and other court papers available to the public. The rule provides for the use of initials or fictitious names to protect the identity of a minor child following a parental-rights termination proceeding or juvenile court proceeding. Any fictitious name used for a parent or child should not be pejorative or suggest the person's true identity. The rule does not limit an appellate court's authority to disguise parties' identities in appropriate circumstances in other cases.

Rule 10. Motions in the Appellate Court

10.1 Contents of Motions; Response

(a) Motion. Unless these rules prescribe another form, a party must apply by motion for an order or other relief. The motion must:

(5) in civil cases, except for motions for rehearing and motions for en banc reconsideration of panel decisions, contain or be accompanied by a certificate stating that the filing party conferred or made a reasonable attempt to confer with other parties about the merits of the motion and whether those parties oppose the motion.

10.2 Evidence on Motions. A motion need not be verified unless it depends on the following types of facts, in which case the motion must be supported by affidavit or other satisfactory evidence. The types of facts requiring proof are those that are:

(a) not in the record;

(b) not within the court's knowledge in its official capacity; or and

(c) not within the personal knowledge of the attorney signing the motion.

Comment to 2008 change: It is presumed that non-movants will oppose the relief sought in motions for rehearing and motions for en banc reconsideration. To encourage consistent application of the certificate-of-conference requirement, Rule 10.1(a)(5) is amended - and Rule 49.11 is added - to exempt those motions from the certificate requirement.

Rule 19. Plenary Power of the Courts of Appeals and Expiration of Term

19.1 Plenary Power of Courts of Appeals. A court of appeals' plenary power over its judgment expires:

(a) 60 days after judgment if no timely filed motion to extend time or motion for rehearing , timely filed motion for en banc reconsideration, or timely filed motion to extend time to file a motion for rehearing or for en banc reconsideration is then pending.

(b) 30 days after the court overrules all timely filed motions for rehearing, including all timely filed motions for en banc reconsideration of a panel's decision under Rule 49. 7 6 , and all timely motions to extend time to file a motion for rehearing or a motion for en banc reconsideration .

Comment to 2008 change: The provisions of Rule 19 governing the courts of appeals' plenary power are revised in conjunction with the amendments to Rules 49 and 53.7 concerning motions for en banc reconsideration.

Rule 20. When Party Is Indigent

20.1 Civil Cases

(a) Establishing indigence. A party who cannot pay the costs in an appellate court may proceed without advance payment of costs if:

(1) the party files an affidavit of indigence in compliance with this rule;

(2) the claim of indigence is not contested, is not contestable, or if contested, the contest is not sustained by written order; and

(3) the party timely files a notice of appeal.

(b) Contents of affidavit. The affidavit of indigence must identify the party filing the affidavit and must state what amount of costs, if any, the party can pay. The affidavit must also contain complete information about:

(12) if applicable, the party's lack of the skill and access to equipment necessary to prepare the appendix, as required by Rule 38.5(d).

(c) TAJF Certificate. If the appellant proceeded in the trial court without payment of fees pursuant to an Interest on Lawyers Trust Accounts (IOLTA) or other Texas Access to Justice Foundation (TAJF) certificate, an additional TAJF certificate may be filed in the appellate court confirming that the TAJF-funded program rescreened the party for income eligibility under TAJF income guidelines after entry of the trial court's judgment. A party's affidavit of inability accompanied by an attorney's TAJF certificate may not be contested.

(c) (d) When and Where Affidavit Filed.

(1) Appeals. An appellant must file the affidavit of indigence in the trial court with or before the notice of appeal. The prior filing of an affidavit of indigence in the trial court pursuant to Rule 145 does not meet the requirements of this rule, which requires a separate affidavit and proof of current indigence. An appellee who is required to pay part of the cost of preparation of the record under Rule 34.5(b)(3) or 34.6(c)(3) must file an affidavit of indigence in the trial court within 15 days after the date when the appellee becomes responsible for paying that cost.

(3) Extension of time. The appellate court may extend the time to file an affidavit if, within 15 days after the deadline for filing the affidavit, the party files in the appellate court a motion complying with Rule 10.5(b). But the appellate court may not dismiss the appeal or affirm the trial court's judgment on the ground that the appellant has failed to file an affidavit or a sufficient affidavit of indigence unless the court has first provided the appellant notice of the deficiency and a reasonable time to remedy it.

(d) (e) Duty of Clerk.

(1) Trial court clerk. If the affidavit of indigence is filed with the trial court clerk under ( c d )(1), the clerk must promptly send a copy of the affidavit to the appropriate court reporter.

(2) Appellate court clerk. If the affidavit of indigence is filed with the appellate court clerk under (c)(2) and if the filing party is requesting the preparation of a record, the appellate court clerk must:

(A) send a copy of the affidavit to the trial court clerk and the appropriate court reporter; and

(B) send to the trial court clerk, the court reporter, and all parties, a notice stating the deadline for filing a contest to the affidavit of indigence.

(e) (f) Contest to affidavit. The clerk, the court reporter, the court recorder, or any party may challenge the claim of indigence an affidavit that is not accompanied by a TAJF certificate by filing - in the court in which the affidavit was filed - a contest to the affidavit of indigence. The contest must be filed on or before the date set by the clerk if the affidavit was filed in the appellate court, or within 10 days after the date when the affidavit was filed if the affidavit was filed in the trial court. The contest need not be sworn.

(f) (g) No contest filed. [no change to rule text]

(g) (h) Burden of proof. [no change to rule text]

(h) (i) Decision in appellate court. [no change to rule text]

(i) (j) Hearing and decision in the trial court. [no change to rule text]

(j) (k) Record to be prepared without payment. [no change to rule text]

(k) (l) Partial payment of costs. [no change to rule text]

(l) (m) Later ability to pay. [no change to rule text]

(m) (n) Costs defined. [no change to rule text]

Comment to 2008 changes: Rule 20 is revised to clarify that an affidavit of indigence filed during trial is insufficient to establish indigence on appeal; a separate affidavit must be filed with or before the notice of appeal. The amended rule also provides that an appellate court must give an appellant who fails to file a proper appellate indigence affidavit notice of the defect and an opportunity to cure it before dismissing the appeal or affirming the judgment on that basis. See Higgins v. Randall County Sheriff's Office, 193 S.W.3d 898 (Tex. 2006). As amended, Rule 20 mirrors Tex. R. Civ. P. 145 by providing that an appellate indigence affidavit accompanied by an IOLTA or other Texas Access to Justice Foundation (TAJF) certificate is not subject to challenge. In Rule 20.1(e)(2) (formerly (d)(2)), the limiting phrase "under (c)(2)" is deleted to clarify that the appellate clerk's duty to forward copies of the affidavit to the trial court clerk and the court reporter, along with a notice setting a deadline to contest the affidavit, applies to affidavits on appeal erroneously filed in the appellate court, not only to affidavits in other appellate proceedings properly filed in the appellate court under 20.1(c)(2).

Rule 24. Suspension of Enforcement of Judgment Pending Appeal in Civil Cases

24.2 Amount of Bond, Deposit or Security

(c) Determination of Net Worth

(1) Judgment Debtor's Affidavit Required; Contents; Prima Facie Evidence. A judgment debtor who provides a bond, deposit, or security under (a)(1)( a A ) in an amount based on the debtor's net worth must simultaneously file with the trial court clerk an affidavit that states the debtor's net worth and states complete, detailed information concerning the debtor's assets and liabilities from which net worth can be ascertained. The affidavit is prima facie evidence of the debtor's net worth. A trial court clerk must receive and file a net worth affidavit tendered for filing by a judgment debtor.

(2) Contest; Discovery. A judgment creditor may file a contest to the debtor's claimed affidavit of net worth. A net worth affidavit filed with the trial court clerk and in compliance with Rule 24.2(c)(1) is prima facie evidence of the debtor's net worth for the purpose of establishing the amount of the bond, deposit, or security required to suspend enforcement of the judgment. The contest need not be sworn. The creditor may conduct reasonable discovery concerning the judgment debtor's net worth.

(3) Hearing; Burden of Proof; Findings; Additional Security . The trial court must hear a judgment creditor's contest of the judgment debtor's claimed net worth promptly after any discovery has been completed. The judgment debtor has the burden of proving net worth. The trial court must issue an order that states the debtor's net worth and states with particularity the factual basis for that determination. If the trial court orders additional or other security to supersede the judgment, the enforcement of the judgment will be suspended for twenty days after the trial court's order. If the judgment debtor does not comply with the order within that period, the judgment may be enforced against the judgment debtor.

24.4 Appellate Review

(a) Motions; Review. On a party's motion to the appellate court, that court may review:

(5) the trial court's exercise of discretion under Rule 24.3(a).

(d) Filing in Appellate Court. A motion filed under paragraph (a) should be filed in the court of appeals having potential appellate jurisdiction over the underlying judgment. The court of appeals' ruling is subject to review on petition for writ of mandamus to the Texas Supreme Court.

(d) (e) Action by Appellate Court. [no change to rule text]

(e) (f) Effect of Ruling. [no change to rule text]

Comment to 2008 changes: Rule 24.2(c)(3) is amended to provide procedural guidance when the trial court orders additional security to supercede the judgment. New Rule 24.4(d) is added to clarify that an appellate motion seeking relief from a supersedeas order should be filed in the court of appeals that presumably will have jurisdiction when appeal of the underlying case is perfected. The same provision also specifies that a petition for writ of mandamus is the proper procedural vehicle to seek Supreme Court review of a court of appeals' ruling on a supersedeas motion. See In re Smith / In re Main Place Custom Homes, Inc., 192 S.W.3d 564, 568 (Tex. 2006) (per curiam).

Rule 26. Time to Perfect Appeal

26.2. Criminal Cases

(b) By the State. The notice of appeal must be filed within 15 20 days after the day the trial court enters the order, ruling, or sentence to be appealed.

Rule 28. Accelerated Appeals in Civil Cases

28.1 Civil Cases-Appeal As of Right

(a) Types of Accelerated Appeals. Appeals from interlocutory orders (when allowed as of right by statute), appeals in quo warranto proceedings, appeals required by statute to be accelerated or expedited, and appeals required by law to be filed or perfected within less than 30 days after the date of the order or judgment being appealed are accelerated appeals.

(b) Perfection of Accelerated Appeal. Unless a statute expressly prohibits modification or extension of any statutory appellate deadlines, an accelerated appeal is perfected by filing a notice of appeal in compliance with Rule 25 within the time allowed by Rule 26.1(b) or as extended by Rule 26.3, regardless of any statutory deadlines. Filing a motion for new trial, any other post-trial motion, or a request for findings of fact will not extend the time to perfect an accelerated appeal.

(c) Appeals of Interlocutory Orders. The trial court need not, but may - within 30 days after the order is signed - file findings of fact and conclusions of law.

(d) Quo Warranto Appeals. The trial court may grant a motion for new trial timely filed under Texas Rule of Civil Procedure Rule 329b (a) - (b) until 50 days after the trial court's final judgment is signed. If not determined by signed written order within that period, the motion will be deemed overruled by operation of law on expiration of that period.

(e) Record and Briefs. In lieu of the clerk's record, the appellate court may hear an accelerated appeal on the original papers forwarded by the trial court or on sworn and uncontroverted copies of those papers. The appellate court may allow the case to be submitted without briefs. The deadlines and procedures for filing the record and briefs in an accelerated appeal are provided in Rules 35.1 and 38.6.

28.2 Agreed Interlocutory Appeals in Civil Cases

(a) Perfecting appeal. To perfect an appeal of an interlocutory order under Civil Practice and Remedies Code §51.014(d), a party to the trial court proceeding must:

(1) file a notice of accelerated appeal with the trial court clerk not later than the 20th day after the date the trial court signs a written order granting permission to appeal, unless the court of appeals extends the time for filing pursuant to Rule 26.3;

(2) file with the clerk of the appellate court a copy of the notice of accelerated appeal, as specified in Rule 25.1, and a docketing statement, as specified in Rule 32.1;

(3) pay to the clerk of the appellate court all required fees authorized to be collected by the clerk; and

(4) serve a copy of the notice of accelerated appeal on all parties to the trial court proceeding.

(b) Contents of Notice. The notice of accelerated appeal must contain, in addition to the items required by Rule 25.1(d), the following:

(1) a list of the names of all parties to the trial court proceeding and the names, addresses and telefax numbers of all trial and appellate counsel;

(2) a copy of the trial court's order granting permission to appeal;

(3) a copy of the trial court order appealed from;

(4) a statement that all parties to the trial court proceeding agreed to the trial court's order granting permission to appeal;

(5) a statement that all parties to the trial court proceeding agreed that the order granting permission to appeal involves a controlling question of law as to which there is a substantial ground for difference of opinion;

(6) a brief statement of the issues or points presented; and

(7) a concise explanation of how an immediate appeal may materially advance the ultimate termination of the litigation.

(c) Jurisdiction. If the court of appeals determines that a notice of appeal filed under this section does not demonstrate the court's jurisdiction, it may order the appellant to file an amended notice of appeal. The court of appeals may also, on a party's motion or its own motion, order the appellant or any other party to file briefing addressing whether the appeal satisfies the criteria specified in Civil Practice and Remedies Code §51.014(d), and may require the parties to file supporting evidence. If, after providing an opportunity to file an amended notice of appeal or briefing addressing potential jurisdictional defects, the court of appeals concludes that jurisdictional defects exist, it may dismiss the appeal for want of jurisdiction at any stage of the appeal.

(d) Record; briefs. The rules governing the filing of the appellate record and briefs in accelerated appeals apply. A party may address in its brief any issues related to the court of appeals' jurisdiction, including whether the appeal satisfies the criteria specified in Civil Practice and Remedies Code §51.014(d).

(e) No automatic stay of proceedings in trial court. An appeal under Civil Practice and Remedies Code §51.014(d) does not stay proceedings in the trial court unless the parties agree to - and the trial court, the court of appeals, or a justice of the court of appeals orders - a stay of the proceedings.

Comment to 2008 changes: The provisions of prior Rule 28 are amended and reorganized as new Rule 28.1 to more clearly define accelerated appeals and provide a uniform appellate timetable. Many statutes provide for accelerated or expedited appellate timetables, including, among others, appeals of final judgments in a suit in which termination of the parent-child relationship is in issue as provided in Family Code §109.002. Unless a statute expressly prohibits rulemaking that would alter a statutory appellate deadline, Rule 28 is made expressly applicable to all such appeals.

New Rule 28.2 is added to provide procedures governing an appeal of an interlocutory order under Civil Practice and Remedies Code §51.014(d). The Legislature deleted former subsection (f) of §51.014 in 2005, eliminating the provision that gave the court of appeals discretion as to whether to permit an agreed appeal. New Rule 28.2 reflects the statutory procedure as modified by the 2005 amendment.

Rule 29. Orders Pending Interlocutory Appeal in Civil Cases

29.5. Further Proceedings in Trial Court. While appeal from an interlocutory order is pending, the trial court retains jurisdiction of the case and unless prohibited by statute may make further orders, including one dissolving the order complained of on appeal. appealed from, and i I f permitted by law, the trial court may proceed with a trial on the merits. But the court must not make an order that:

(a) is inconsistent with any appellate court temporary order; or

(b) interferes or impairs the jurisdiction of the appellate court or effectiveness of any relief sought or that may be granted on appeal.

Comment to 2008 changes: Rule 29.5 is amended to correspond with Civil Practice and Remedies Code §51.014(b), as amended in 2003, staying all proceedings in the trial court pending resolution of interlocutory appeals of class certification orders, denials of summary judgments based on assertions of immunity by governmental officers or employees, and orders granting or denying a governmental unit's plea to the jurisdiction.

Rule 38. Requisites of Briefs

38.1 Appellant's Brief. The appellant's brief must, under appropriate headings and in the order here indicated, contain the following:

(a) Identity of parties and counsel. The brief must give a complete list of all parties to the trial court's judgment or order appealed from, and the names and addresses of all trial and appellate counsel , except as otherwise provided in Rule 9.8.

(e) Statement Regarding Oral Argument. The brief may include a statement explaining why oral argument should, or should not, be permitted. Any such statement must not exceed one page and should address how the court's decisional process would, or would not, be aided by oral argument. As required by Rule 39.7, any party requesting oral argument must note that request on the front cover of its brief.

(e) (f) Issues Presented. [no change to rule text]

(f) (g) Statement of Facts. [no change to rule text]

(g (h) Summary of the Argument. [no change to rule text]

(h) (i) Argument. [no change to rule text]

(i) (j) Prayer. [no change to rule text]

(j) (k) Appendix in Civil Cases. [no change to rule text]

38.4 Length of Briefs. An appellant's brief or appellee's brief must be no longer than 50 pages, exclusive of the pages containing the identity of parties and counsel, any statement regarding oral argument, the table of contents, the index of authorities, the statement of the case, the issues presented, the signature, the proof of service, and the appendix.

Comment to 2008 changes: Rule 38 is amended to provide for an optional statement regarding oral argument in an appellant's or appellee's brief. The optional statement is limited to one page, which does not count toward the briefing page limit.

Rule 39. Oral Argument; Decision Without Argument

39.1 Right to Oral Argument. Except as provided in 39.8, a A ny party who has filed a brief and who has timely requested oral argument may argue the case to the court when the case is called for argument. before a panel of three justices unless the court, after examining the briefs, decides that oral argument is unnecessary for any of the following reasons:

(1) the appeal is frivolous;

(2) the dispositive issue or issues have been authoritatively decided;

(3) the facts and legal arguments are adequately presented in the briefs and record; or

(4) the decisional process would not be significantly aided by oral argument.

39.8 Cases Advanced Without Oral Argument. In its discretion, the court of appeals may decide a case without oral argument if argument would not significantly aid the court in determining the legal and factual issues presented in the appeal.

39. 9 8 Clerk's Notice. [no change to rule text]

Comment to 2008 changes: Rule 39 is amended to modify the procedures for determining whether oral argument will be heard in a particular case. The amended rule provides for oral argument unless the court determines it to be unnecessary. The rule lists four reasons for denying oral argument, modeled on Federal Rule of Appellate Procedure 34(a)(2); however, the members of the court need not agree on, and generally should not announce, a specific reason or reasons for declining oral argument.

Rule 41. Panel and En Banc Decision

41.1 Decision by Panel

(b) When Panel Cannot Agree on Judgment. After argument, if for any reason a member of the panel cannot participate in deciding a case, the case may be decided by the two remaining justices. If they cannot agree on a judgment, the chief justice of the court of appeals must designate another justice of the court to sit on the panel to consider the case, request the temporary assignment by the Chief Justice of the Supreme Court of a court of appeals justice from another court of appeals, a retired or former appellate justice or appellate judge who is qualified for appointment by law, or an active district court judge to sit on the panel to consider the case, or convene the court en banc to consider the case. The reconstituted panel or the en banc court may order the case reargued.

(c) When Court Cannot Agree on Judgment. After argument, if for any reason a member of a court consisting of only three justices cannot participate in deciding a case, the case may be decided by the two remaining justices. If they cannot agree on a judgment, that fact must be certified to the Chief Justice of the Supreme Court. The Chief Justice may then temporarily assign a justice of another court of appeals , or a qualified retired or former appellate justice or appellate judge who is qualified for appointment by law, or an active district court judge to sit with the court of appeals to consider the case. The reconstituted court may order the case reargued.

41.2 Decision by En Banc Court

(b) When En Banc Court Cannot Agree on Judgment. If a majority of an en banc court cannot agree on a judgment, that fact must be certified to the Chief Justice of the Supreme Court. The Chief Justice may then temporarily assign a justice of another court of appeals , or a qualified retired or former appellate justice or appellate judge who is qualified for appointment by law, or an active district court judge to sit with the court of appeals to consider the case. The reconstituted court may order the case reargued.

41.3 Precedent in Transferred Cases. In cases transferred by the Supreme Court from one court of appeals to another, the court of appeals to which the case is transferred must decide the case in accordance with the precedent of the transferor court under principles of stare decisis if the transferee court's decision otherwise would have been inconsistent with the precedent of the transferor court. The court's opinion may state whether the outcome would have been different had the transferee court not been required to decide the case in accordance with the transferor court's precedent.

Comment to 2008 changes: Rules 41.1 and 41.2 are amended to reflect the 2003 legislative amendment adding subsection (h) to Government Code §74.003, which authorizes the Chief Justice of the Supreme Court to temporarily assign an active district court judge to hear a matter pending in an appellate court. The statutory provisions governing the assignment of judges to appellate courts are located in chapters 74 and 75 of the Government Code. Other minor changes are made for consistency.

New Rule 41.3 is added to require, in appellate cases transferred by the Supreme Court under Government Code §73.001 for docket equalization or other purposes, that the transferee court must generally resolve any conflict between the precedent of the transferor court and the precedent of the transferee court (or that of any other intermediate appellate court the transferee court otherwise would have followed) by following the precedent of the transferor court, unless it appears that the transferor court itself would not be bound by that precedent. The rule requires the transferee court to "stand in the shoes" of the transferor court so that an appellate transfer will not produce a different outcome, based on application of substantive law, than would have resulted had the case not been transferred. However, the transferee court is not expected to follow the local rules of the transferor court or otherwise supplant its own local procedures with those of the transferor court.

Rule 47. Opinions, Publication, and Citation

47.2 Designation and Signing of Opinions; Participating Justices.

(a) Civil and Criminal Cases. A majority of the justices who participate in considering the case must determine whether the opinion will be signed by a justice or will be per curiam and whether it will be designated an opinion or memorandum opinion. The names of the participating justices must be noted on all written opinions or orders of the court or a panel of the court.

(b) Criminal Cases. In addition, each opinion and memorandum opinion in a criminal case must bear the notation "publish" or "do not publish" as determined - before the opinion is handed down-by a majority of the justices who participate in considering the case. Any party may move the appellate court to change the notation, but the court of appeals must not change the notation after the Court of Criminal Appeals has acted on any party's petition for discretionary review or other requests for relief. The Court of Criminal Appeals may, at any time, order that a "do not publish" notation be changed to "publish."

(c) Civil Cases. Opinions and memorandum opinions in civil cases issued on or after January 1, 2003 shall not be designated "do not publish."

47.7 Citation of Unpublished Opinions.

(a) Criminal Cases. Opinions and memorandum opinions not designated for publication by the court of appeals under these or prior rules have no precedential value but may be cited with the notation, "(not designated for publication)."

(b) Civil Cases. Opinions and memorandum opinions designated "do not publish" under these rules by the court of appeals prior to January 1, 2003 have no precedential value but may be cited with the notation, "(not designated for publication)." If an opinion or memorandum opinion issued on or after that date is erroneously designated "do not publish," the erroneous designation will not affect the precedential value of the decision.

Comment to 2008 changes: Effective January 1, 2003, Rule 47 was amended to discontinue in civil cases, on a prospective basis, the practice of allowing courts of appeals to designate opinions as either "published" or "unpublished." Rule 47.7 was amended to eliminate the prior prohibition against citing unpublished opinions and to clarify that, in civil cases, only unpublished opinions issued prior to the 2003 amendment would lack precedential value, because following the 2003 amendment such cases were not to be designated either as published or unpublished. But the phrase "opinions not designated for publication," which was intended to apply only to opinions affirmatively designated "do not publish," could be misread as suggesting that all opinions in civil cases published after 2002 - none of which should be affirmatively designated for publication - lack precedential value. The 2008 amendments clarify that, with respect to civil cases, only opinions issued prior to the 2003 amendment and affirmatively designated "do not publish" should be considered "unpublished" cases lacking precedential value. The provisions governing citation of unpublished opinions in criminal cases are substantively unchanged; Rules 47.2 and 47.7 are amended to clarify that memorandum opinions are subject to those rules.

Rule 49. Motion and Further Motion for Rehearing and En Banc Reconsideration

49.1 Motion for Rehearing. A motion for rehearing may be filed within 15 days after the court of appeals' judgment or order is rendered. The motion must clearly state the points relied on for the rehearing. After a motion for rehearing is decided, another motion for rehearing may be filed within 15 days of the court's action only if the court:

(a) modifies its judgment;

(b) vacates its judgment and renders a new judgment; or

(c) issues an opinion in overruling a motion for rehearing.

49.5 Further Motion for Rehearing. After a motion for rehearing is decided, a further motion for rehearing may be filed within 15 days of the court's action if the court:

(a) modifies its judgment;

(b) vacates its judgment and renders a new judgment; or

(c) issues an opinion in overruling a motion for rehearing.

49. 6 5 Amendments. A motion for rehearing or a motion for en banc reconsideration may be amended as a matter of right anytime before the 15-day period allowed for filing the motion expires, and with leave of the court, anytime before the court of appeals decides the motion.

49. 7 6 En Banc Reconsideration. A party may file a motion for en banc reconsideration, as a separate motion, with or without filing a motion for rehearing, within 15 days after the court of appeals' judgment or order is rendered. Alternatively, a motion for en banc reconsideration may be filed by a party no later than 15 days after the overruling of the same party's last timely filed motion for rehearing. While the court has plenary power, as provided in Rule 19, a majority of the en banc court may, with or without a motion, order en banc reconsideration of a panel's decision. If a majority orders reconsideration, the panel's judgment or order does not become final, and the case will be resubmitted to the court for en banc review and disposition.

49. 8 7 Extension of Time. A court of appeals may extend the time for filing a motion for rehearing or a further motion for rehearing motion for en banc reconsideration if a party files a motion complying with Rule 10.5(b) no later than 15 days after the last date for filing the motion.

49. 9 8 Not Required for Review. A motion for rehearing is not required to preserve error and is not a prerequisite to filing:

(a) a motion for en banc reconsideration as provided by Rule 49.6;

(b) a petition for review in the Supreme Court ; or

(c) a petition for discretionary review in to the Court of Criminal Appeals nor is it required to preserve error .

49. 10 9 Length of Motion and Response. A motion or response must be no longer than 15 pages.

49.10 Relationship to Petition for Review. A party may not file a motion for rehearing in the court of appeals after that party has filed a petition for review in the Supreme Court unless the court of appeals modifies its opinion or judgment after the petition for review is filed. The filing of a petition for review does not preclude another party from filing a motion for rehearing or the court of appeals from ruling on the motion. If a motion for rehearing is timely filed after a petition for review is filed, the petitioner must immediately notify the Supreme Court clerk of the filing of the motion, and must notify the clerk when the last timely filed motion is overruled by the court of appeals.

49.11 Certificate of Conference Not Required. A certificate of conference is not required for a motion for rehearing or for a motion for en banc reconsideration of a panel's decision.

Comment to 2008 changes: Rule 49 is revised in several respects. Former Rule 49.5 is relocated to Rule 49.1, which omits the former rule's "further" motion language but retains its provisions limiting the circumstances in which another rehearing motion can be filed. Former Rule 49.7, now Rule 49.6, is amended to include procedures governing the filing a motion for en banc reconsideration. New Rule 49.10 consists of those provisions of former Rule 53.7(b) that address motions for rehearing; the provisions of Rule 53.7(b) that address petitions for review are retained. New Rule 49.11 mirrors Rule 10.1(a)(5)'s new provision exempting motions for rehearing and motions for en banc reconsideration from the certificate-of-conference requirement.

Rule 50. Reconsideration on Petition for Discretionary Review

Within 60 30 days after a petition for discretionary review is has been filed with the clerk of the court of appeals that delivered the decision, a majority of the justices who participated in the decision may , as provided by subsection (a), summarily reconsider and correct or modify the court's opinion or judgment. Within the same period of time, any of the justices who participated in the decision may issue a concurring or dissenting opinion.

(a) If the court's original opinion or judgment is corrected or modified, that the original opinion or judgment is must be withdrawn and the modified or corrected opinion or judgment is must be substituted as the opinion or judgment of the court. No further opinions may be issued by the court of appeals. The original petition for discretionary review is not dismissed by operation of law , unless the filing party files a new petition in the court of appeals. In the alternative, the petitioning party shall submit to the court of appeals copies of the corrected or modified opinion or judgment as an amendment to the original petition.

(b) Any party may then file with the court of appeals a new petition for discretionary review seeking review of the corrected or modified opinion or judgment , including any dissents or concurrences, under Rule 68.2.

Rule 52. Original Proceedings

52.3 Form and Contents of Petition. All factual statements in the petition must be verified by affidavit made on personal knowledge by an affiant competent to testify to the matters stated. The petition must, under appropriate headings and in the order here indicated, contain the following:

(d) Statement of the Case. The petition must contain a statement of the case that should seldom exceed one page and should not discuss the facts. The statement must contain the following:

(5) if the petition is filed in the Supreme Court after a petition requesting the same relief was filed in the court of appeals:

(D) the citation of the court's opinion , if available, or a statement that the opinion was unpublished ;

(g) Statement of Facts. The petition must state concisely and without argument the facts pertinent to the issues or points presented. Every statement of fact in the petition must be supported by citation to competent evidence included in The statement must be supported by references to the appendix or record.

(j) Certification. The person filing the petition must certify that he or she has reviewed the petition and concluded that every factual statement in the petition is supported by competent evidence included in the appendix or record.

(j) (k) Appendix. [no change to rule text]

52.6 Length of Petition, Response, and Reply. Excluding those pages containing the identity of parties and counsel, the table of contents, the index of authorities, the statement of the case, the statement of jurisdiction, the issues presented, the signature, the proof of service, the certification, and the appendix, the petition and response must not exceed 50 pages each if filed in the court of appeals, or 15 pages each if filed in the Supreme Court. A reply may be no longer than 25 pages if filed in the court of appeals or 8 pages if filed in the Supreme Court, exclusive of the items stated above. The court may, on motion, permit a longer petition, response, or reply.

Comment to 2008 changes: Rule 47 was amended effective January 1, 2003 to eliminate in civil cases, on a prospective basis, the former distinction between "published" and "unpublished" decisions. Rule 52.3(d)(5)(D) is now amended to recognize that an opinion in a civil appeal decided after 2002 should not be described as "unpublished" in the statement of the case even if the opinion was not published in the South Western Reporter, because Rule 47 no longer authorizes the courts of appeals to designate an opinion in a civil appeal either as "published" or "unpublished." If no South Western Reporter citation is available, a LEXIS or Westlaw citation may be provided.

Rule 52.3 is further amended to delete the requirement of verifying all factual statements by affidavit. Instead, the filer must certify that all factual statements are supported by citation to competent evidence in the appendix or record.

Rule 53. Petition for Review

53.2 Contents of Petition

(d) Statement of the Case. The petition must contain a statement of the case that should seldom exceed one page and should not discuss the facts. The statement must contain the following:

(8) the citation for the court of appeals' opinion , if available, or a statement that the opinion was unpublished ; and

(9) the disposition of the case by the court of appeals , including the court's disposition of any motions for rehearing or motions for en banc reconsideration. If any motions for rehearing or motions for en banc reconsideration are pending in the court of appeals at the time the petition for review is filed, that information also must be included in the statement of the case.

53.7 Time and Place of Filing

(a) Petition. Unless the Supreme Court for good cause orders an earlier filing deadline, T t he petition must be filed with the Supreme Court within 45 days after the following:

(1) the date the court of appeals rendered judgment, if no motion for rehearing or motion for en banc reconsideration is timely filed; or

(2) the date of the court of appeals' last ruling on all timely filed motions for rehearing and all timely filed motions for en banc reconsideration.

(b) Premature filing. A party may not file a motion for rehearing in the court of appeals after that party has filed a petition for review in the Supreme Court unless the court of appeals modifies its opinion or judgment after the petition for review is filed. The filing of a petition for review does not preclude another party from filing a motion for rehearing or the court of appeals from ruling on the motion. If a motion for rehearing is timely filed after a petition for review is filed, the petitioner must immediately notify the Supreme Court clerk of the filing of the motion, and must notify the clerk when the last timely filed motion is overruled by the court of appeals. A petition filed before the last ruling on all timely filed motions for rehearing and motions for en banc reconsideration is treated as having been filed on the date of, but after, the last ruling on any such motion. If a party files a petition for review while a motion for rehearing or motion for en banc reconsideration is pending in the court of appeals, the party must include that information in its petition for review, as required by Rule 53.2(d)(9).

Comment to 2008 change: Rule 53.7(a) is amended to clarify that (1) the Supreme Court may shorten the time for filing a petition for review, and (2) the timely filing of a motion for en banc reconsideration tolls the commencement of the 45-day period for filing a petition for review until the motion is overruled. Rule 53.2(d)(9) is amended to require a party that prematurely files a petition for review to notify the Supreme Court of any panel rehearing or en banc reconsideration motions still pending in the court of appeals. Rule 53.7(b) is revised to reference this new requirement and to relocate to new Rule 49.10 those provisions governing motions for rehearing. Rule 53.2(d)(8) is amended to delete the outdated reference to unpublished opinions in civil cases, similar to the change made to Rule 52.3(d)(5)(D).

Rule 68. Discretionary Review With Petition

68.7. Court of Appeals Clerk's Duties

(b) Reply. The opposing party has 30 days after the timely filing of the petition in the court of appeals to file a reply to the petition with the clerk of the court of appeals. Upon receiving a reply to the petition, the clerk for the court of appeals must file the reply and note the filing on the docket.

(c) (b) Sending Petition and Reply to Court of Criminal Appeals. Unless a petition for discretionary review is dismissed under Rule 50, the clerk of the court of appeals must, within 60 30 days after the petition is filed, send to the clerk of the Court of Criminal Appeals the petition and any copies furnished by counsel, the reply, if any, and any copies furnished by counsel, together with the record, copies of the motions filed in the case, and copies of any judgments, opinions, and orders of the court of appeals. The clerk need not forward any nondocumentary exhibits unless ordered to do so by the Court of Criminal Appeals.

68.9 Reply

The opposing party has 30 days after the timely filing of the petition in the Court of Criminal Appeals--unless additional time is allowed--to file a reply to the petition with the Clerk of the Court of Criminal Appeals. When a reply is filed or the time for filing a reply has expired, the petition will be treated as submitted to the Court and ready for disposition.

Rule 70. Brief on the Merits

70.3 Brief Contents and Form. Briefs must comply with the requirements of Rule 38, except that they need not contain the appendix (Rule 38.1( j k )). Copies must be served as required by Rule 68.11.

71.3 Briefs. Briefs in a direct appeal should be prepared and filed in accordance with Rule 38, except that the brief need not contain an appendix (Rule 38.1( j k )), and the brief in a case in which the death penalty has been assessed may not exceed 125 pages. All briefs must be filed in the Court of Criminal Appeals. The brief must include a short statement of why oral argument would be helpful, or a statement that oral argument is waived.

TRD-200801383

Jody Hughes

Rules Attorney

Supreme Court of Texas

Filed: March 11, 2008

IN THE SUPREME COURT OF TEXAS

Misc. Docket No. 08-9004

It is hereby ORDERED that:

1. Pursuant to the Texas Constitution, article V, section 31(a), and Texas Government Code §74.024, the Texas Rules of Judicial Administration are amended by adding Rule 15, which addresses appeals from trial courts located in counties assigned to multiple appellate districts, as follows.

2. Comments on these revisions may be submitted to the Court in writing on or before June 30, 2008. Comments should be directed to Jody Hughes, Rules Attorney, P.O. Box 12248, Austin TX 78711, or may be emailed to him at jody.hughes@courts.state.tx.us.

3. This rule, with any changes made after public comments are received, takes effect September 1, 2008.

4. The Clerk is directed to:

a. file a copy of this Order with the Secretary of State;

b. cause a copy of this Order to be mailed to each registered member of the State Bar of Texas by publication in the Texas Bar Journal;

c. send a copy of this Order to each elected member of the Legislature before December 1; and

d. submit a copy of this Order for publication in the Texas Register.

SIGNED AND ENTERED, this 10th day of March, 2008.

____________________________________________

Wallace B. Jefferson, Chief Justice

____________________________________________

Nathan L. Hecht, Justice

____________________________________________

Harriet O'Neill, Justice

____________________________________________

J. Dale Wainwright, Justice

____________________________________________

Scott Brister, Justice

____________________________________________

David M. Medina, Justice

____________________________________________

Paul W. Green, Justice

____________________________________________

Phil Johnson, Justice

____________________________________________

Don R. Willett, Justice

Rule 15. Appeals from Trial Courts in Counties Assigned to Multiple Appellate Districts.

15.1 Applicability. This rule applies to appeals to a court of appeals from an order or judgment issued by a trial court in a county assigned by law to more than one court of appeals district, except where assignment of such appeals is governed by statute. This rule does not apply to appeals to the First or Fourteenth Court of Appeals from trial courts in counties in the districts of the First or Fourteenth Court of Appeals, as assignment of such appeals is governed by Tex. Gov't Code §22.202(h).

15.2 When Consolidation Required. If notices of appeal filed by two or more parties from a single judgment or order designate two courts of appeals that both have jurisdiction of the appeal because the county in which the trial court sits is assigned to more than one appellate district, the appeals must be consolidated in one of the courts of appeals.

15.3 Consolidation by Agreement; Notice to Courts of Appeals.

(a) Appealing parties to confer regarding consolidation. When any appealing party learns that two or more parties have properly designated two different courts of appeals, that party must promptly confer with lead counsel for all other appealing parties (if represented, otherwise counsel must confer with the pro se party) and determine if all appealing parties will agree to consolidate the appeals in one of the courts of appeals.

(b) Time to provide notice. No later than 30 days - 20 days in an accelerated appeal - after the filing date of the first-filed notice of appeal described in paragraph (a), the parties must submit to the clerks of both courts of appeals written notice either of the appealing parties' agreement to consolidate the appeals or of the appealing parties' inability to reach agreement regarding consolidation.

(c) Contents of notice. The notice must identify each appealing party and the party's counsel (if represented, or state that the party is pro se), and must either identify the court of appeals designated by agreement or state that the appealing parties were unable to agree to consolidate all appeals in a particular court. The notice must also contain a certificate stating that the filing parties conferred, or made a reasonable attempt to confer, with all other appealing parties regarding consolidation of the appeals. If the notice states that all appealing parties have agreed to consolidation, it must identify every party or party's attorney who agreed to the consolidation.

(d) Consolidation by agreement of all appealing parties. If the clerks of both courts of appeals receive notice that all appealing parties have agreed to consolidation, the Chief Justices of both courts shall request the Chief Justice of the Supreme Court to transfer all pending appeals in the case to the court of appeals designated by the parties' agreement.

15.4 Consolidation When Appealing Parties Unable to Agree.

(a) Clerks of courts of appeals to jointly notify trial court clerk.

(i) If both courts of appeals receive notice of the appealing parties' inability to reach agreement regarding consolidation, the clerks of both appellate courts must jointly notify the clerk of the trial court in writing of that fact.

(ii) If the period described in Rule 15.3(b) has passed and the clerks of the two courts of appeals have not received any notice from the appealing parties regarding consolidation, the Chief Justices of the two courts of appeals shall confer and instruct the clerks of their respective courts to jointly notify the clerk of the trial court in writing that the appealing parties failed to timely submit notice of agreement regarding consolidation, and instruct the clerk to perform the selection process in Rule 15.4(b).

(b) Consolidation by trial court clerk. After the trial court clerk receives notice from the clerks of the courts of appeals regarding either the appealing parties' inability to reach agreement as to consolidation or their failure to timely submit notice of agreement, the clerk shall write the numbers of the two courts of appeals on identical slips of paper and place the slips in a container folded in half or otherwise arranged so that the numbers are completely hidden from view. The trial court clerk shall draw a number from the container at random, in a public place, and shall assign the case to the court of appeals for the corresponding number drawn.

15.5 All Appeals From Same Judgment or Order to be Consolidated Together. When appeals to multiple courts of appeals have been consolidated pursuant to this rule, other parties' appeals from the same judgment or order underlying the consolidated appeals must be assigned to the same court of appeals in which the previous appeals were consolidated.

TRD-200801393

Jody Hughes

Rules Attorney

Supreme Court of Texas

Filed: March 11, 2008

Request for Qualifications

RFQ01 OTC-8-005 Assessment Consultant

The Texas A&M University System is accepting proposals and intends to enter into an Agreement with a consultant to Perform the duties of assessment of the potential new product-market development opportunities specifically with carbon nanotubes requiring the developed dispersion (exfoliation) technology. The awarded vendor shall complete all authorized work in accordance with the time for performance described for the work and consistent with the highest customs, standards and practices of his/her business or profession.

The RFQ documentation may be obtained by contacting: Don Barwick, HUB & Procurement Manager, System Office of HUB & Procurement Programs, The Texas A&M University System, 200 Technology Way, Suite 1267, College Station, Texas 77845 or e-mail at dbarwick@tamu.edu.

The A&M System finds it of utmost importance to provide an initial assessment of the potential new product-market development opportunities with carbon nanotubes. As an agency of the State of Texas, it is vital for the A&M System to successfully commercialize a carbon nanotube dispersion (exfoliation) technology ("Technology") recently developed at Texas A&M by Dr. H.J. Sue. To be able to do this, the A&M System and its key representatives must address the public in a variety of settings and must be able to consider the issues that those outside of the A&M System find important. An assessment consultant with expertise in dealing with state and federal governmental agencies and the private sector, and who is able to take a more detached global view of issues will provide such a needed service.

The A&M System will base its choice 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.

Proposals must be received on or before 2:00 p.m. CDT on April 10, 2008.

TRD-200801391

Don Barwick

HUB & Procurement Manager

The Texas A&M University System

Filed: March 11, 2008

Request for Statements of Interest for Federal Funding under the Texas Environmental Infrastructure Program

The Texas Water Development Board (board) is requesting Statements of Interest (SOIs) from interested political subdivisions. These SOIs will be used to provide the U.S. Congress with a list of projects for funding consideration under the Texas Environmental Infrastructure Program, authorized through the U.S. Army Corps of Engineers (USACE) under Public Law 110-114, the Water Resources Development Act of 2007 (WRDA).

The Texas Environmental Infrastructure Program (Program) provision in WRDA authorizes a $40,000,000 program for water resources projects, "as identified by the Texas Water Development Board." The board will forward a list of eligible SOIs to the U.S. Congress. An SOI is eligible if the project is listed in the State Water Plan and the Regional Water Plan, and if the project has not received funding under WRDA or been previously listed under WRDA. In the event sufficient funds are appropriated, the funds will be distributed directly from the federal government to the political subdivision. The funding will cover 75% of the cost of the project. The funding is also available for discrete portions of an identified project.

Intent and Purpose of Program

The intent of the Program is to provide federal support for the implementation of water management strategies recommended in "Water for Texas - 2007," the Texas State Water Plan and not otherwise authorized under WRDA. The Program will allow the USACE to directly support projects implementing the water management strategies. The funding is also available for discrete portions of an identified project.

The Program offers assistance "in the form of planning, design and construction assistance for water-related environmental infrastructure and resource protection and development projects in Texas, including projects for water supply, storage, treatment and related facilities, environmental restoration, and surface water resource protection and development, as identified by the Texas Water Development Board." The board will categorize the eligible SOIs based on the activity to be funded. The board's objective is to facilitate construction of projects or discrete increments of projects that are being implemented to meet near term water supplies. Near term water supplies means those that will meet project needs for 2020 as identified in the State Water Plan.

Funding Limitations

The $40,000,000 authorized in WRDA is dedicated to a cost-sharing program wherein the federal share of the cost of the project shall be 75%, which may be provided in the form of grants or reimbursements of project costs. The non-federal share of 25% may be provided in the form of materials and in-kind services, including planning, design, construction and management services, as determined to be compatible with, and necessary for, the project. Therefore, design work carried out before the date of the project funded under WRDA may be credited toward the non-federal share. Additionally, the non-federal share may be in the form of a credit for land, easements, rights-of-way, and relocations. Fuller details on eligibility for the non-federal cost-share will be available upon the release of USACE implementation guidance for the Program. Finally, the eligible applicant may apply for funding of the non-federal 25% share through one of the board's loan funding programs.

General Requirements

Political subdivisions otherwise eligible for funding from the board should submit an SOI to the address below no later than 5:00 p.m. on Friday, April 25, 2008. Responses should be limited to ten pages, excluding necessary maps.

The SOI shall contain the following information:

1. Name and address and geographical jurisdiction of the project sponsor(s);

2. Name, phone number and email address of main points of contact for the sponsor;

3. Name of project as identified in the State Water Plan, "Water for Texas - 2007," and in the applicable Regional Water Plan identified by page number references to the project proposed for funding; and the project shall meet a need for 2020.

4. Description of the physical boundaries of the project and the geographic area and region to be served by the project; the congressional district in which the project is located;

5. Brief description of overall project and estimated total cost of entire project;

6. Brief description of the portion of the project for which federal funding is requested under the Program, and estimated cost, date of the cost estimate, and estimated time to completion of the project;

7. A resolution from the governing body of the political subdivision approving the SOI for federal funds.

If, due to the schedule for governing body meetings, the applicant cannot provide a resolution by the April 25, 2008 deadline for SOI, then the board will accept:

(a) a letter from the chair of the governing body or

(b) a letter from the chief executive of the governing body stating the intent to request a resolution at the next regularly scheduled meeting of the governing body.

Submission of SOI

The SOI shall be submitted by U.S. Mail to:

Mr. Dave Mitamura

Texas Water Development Board

P.O. Box 13231

Austin, Texas 78711-3231

(512) 463-7965

The SOI must be received at the above address by 5:00 p.m., Friday, April 25, 2008.

This Request for Statements of Interest has been reviewed by the TWDB's legal counsel and is in compliance with applicable state and federal laws.

TRD-200801408

Ingrid K. Hansen

Acting General Counsel

Texas Water Development Board

Filed: March 12, 2008