In Addition

In Addition

Office of the Attorney General

Request for Applications for the Other Victim Assistance Grant Program

The Office of the Attorney General (OAG) is soliciting local and statewide applications for projects that provide victim-related services or assistance. The purpose of the OAG OVAG program is to provide funds, using a competitive allocation method, to programs that address the unmet needs of victims by maintaining or increasing their access to quality services.

Applicable Funding Source for OVAG: The Texas Code of Criminal Procedure, Article 56.541(e) authorizes the OAG to use money appropriated from the Texas Compensation to Victims of Crime Fund for grants or contracts supporting victim related services or assistance. All funding is contingent upon an appropriation to the OAG by the Texas Legislature. The OAG makes no commitment that an application, once submitted, or a grant, once funded, will receive subsequent funding.

Eligibility Requirements:

Eligible Applicants: Local units of government, non-profit agencies with 26 U.S.C. 501(c)(3) status; and state agencies are eligible to apply for an OVAG.

Eligibility: The OAG will initially screen each application for eligibility. Applications will be deemed ineligible if the application is submitted by an ineligible applicant; the application is not filed in the manner and form required by the Application Kit; the application is filed after the deadline established in the Application Kit; or the application does not meet other requirements as stated in the RFA and the Application Kit.

How to Obtain Application Kit: The OAG will post the Application Kit on the OAG's official agency website at http://www.oag.state.tx.us/victims/grants.shtml. Updates and other helpful reminders about the application process will also be posted at this location. Potential applicants are encouraged to refer to this site regularly.

Deadlines and Filing Instructions for the Grant Application:

Registration Deadline: On-line registration is required to apply for an OVAG. The deadline to complete registration is 5:00 p.m. CST March 27, 2009. If registration is not completed by the deadline, then an Application will not be accepted and is not eligible for funding. To register go to: http://www.oag.state.tx.us/victims/grants.shtml.

Application Deadline: The applicant must submit its application, including all required attachments, to the OAG and the OAG must receive the submitted application and all required attachments by 5:00 p.m. CST April 22, 2009 to be considered timely filed.

Filing Instructions: To meet the deadline, the Application must be submitted by both hard copy and email. An Application will be considered timely filed when the OAG receives the paper (hard copies) and the electronic (email) of the Application including any required attachments in the following ways by the required deadline:

1. Hard copies - Via a Next Day Air Overnight Delivery Service:

The Applicant must use a Next Day Air Overnight Delivery Service that tracks its deliveries. Submission by Next Day Air Overnight Delivery Service ensures that your Application can be tracked.

The Applicant must submit one (1) original and three (3) copies of the Application including any required attachments.

The Application should be printed on 8.5 x 11 inch paper. Separate each Application with a binder clip. Do not staple or otherwise bind Applications.

The Application must be sent to the following address:

CVS GRANTS APPLICATIONS - MC 005

OFFICE OF THE ATTORNEY GENERAL

300 W 15TH ST RM 102

AUSTIN, TX 78701-1649

The OAG cannot accept Applications submitted in other formats, including walk-in, hand delivery or same day courier service.

2. Email copies:

The Applicant must submit the Excel workbook by email.

The Excel workbook must be sent to the following email address: CVSGrantsApplications@oag.state.tx.us

An auto-reply message will be generated by the OAG for email received at this address. If the Applicant does not receive an auto-reply message, they are strongly encouraged to contact the OAG immediately at (512) 936-1278.

The OAG will not consider an Application if it is not filed by the due date, 5:00 p.m. CST on April 22, 2009.

Minimum and Maximum Amounts of Funding Available: The minimum amount of funding all programs may apply for is $20,000 per fiscal year. The maximum amount a local program may apply for is $50,000 per fiscal year. The maximum amount a statewide program may apply for is $220,000 per fiscal year.

Start Date and Length of Grant Contract Period: The grant contract period (term) is up to two years from September 1, 2009 through August 31, 2011, subject to and contingent on funding and/or approval by the OAG.

No Match Requirements: There are no match requirements for OVAG projects.

Limited Volunteer Requirements: All non-governmental OVAG Applicants must use volunteers in some way to support the mission of their organization. Applicants must identify the role of a volunteer within the organization and describe program components related to recruitment, retention and training of volunteers. If the organization does not currently utilize volunteers, a plan must be provided explaining how a volunteer program will be developed and implemented during the grant term.

Award Criteria: The OAG will make funding decisions that support the efficient and effective use of public funds. Scoring components will include, but are not limited to, information provided by the applicant on the proposed project activities and budget. OVAG funding decisions will use a competitive allocation method.

OVAG Purpose Area: All OVAG projects must address one or more of the OVAG purpose areas: providing direct victim services including, but not limited to, counseling, crisis intervention, assistance with Crime Victim's Compensation, legal assistance, victim advocacy, and information and referral; providing outreach or community education to help identify crime victims who might not otherwise be reached and provide or refer them to needed services; connecting crime victims to services for the purpose of supporting or assisting in their recovery; training professionals and volunteers to improve their ability to inform victims of their rights, to assist victims in their recovery, or to establish a continuum of care for victims; or other support for victim related services or assistance as determined by the OAG.

Staffing: All OVAG projects must:

(a) Include one direct victim service staff person working at least twenty hours per week or two direct victim service staff persons working at least ten hours each per week in the applicant's budget. Direct Victim Services are defined in the Definitions section of the Application Kit.

(b) Include a minimum of 75% of an Applicant's budget in the Personnel and Fringe Benefits budget categories.

The above requirements apply to all OVAG Applicants, including those that rely upon volunteers or contracted staff to deliver direct victim services. The OAG may grant an exception to one or both of these requirements for projects that demonstrate a need in their Application.

In addition, an Applicant is limited to no more than six positions, no more than three of which may be positions providing administrative support to the OVAG project.

Preference: The OAG reserves the right to consider all other appropriations or funding an applicant currently receives when making funding decisions. The OAG may give priority to applicants that do not receive other sources of funding, including funding that originates from the Texas Compensation to Victims of Crime Fund. The OAG reserves the right to give priority to programs that provide direct victim services with grant funds, that provide information and education about victims' rights in their community, or that utilize volunteers in providing services. The OAG reserves the right to give priority to programs that provide services in certain geographic or programmatic areas. The OAG may award OVAG funds to programs that applied for another OAG grant program.

Prohibitions on Use of Grant Funds: OAG grant funds may not be used to support or pay the costs of overtime, out of state travel, dues, or lobbying; any portion of the salary or any other compensation for an elected government official; the purchase of food and beverages except as allowed under Texas State Travel Guidelines; the purchase or lease of vehicles; the purchase of promotional items or recreational activities; costs of travel that are unrelated to the direct delivery of services that support the OAG funded program; the costs for consultants or vendors who participate directly in writing a grant application; or for any unallowable costs set forth in applicable state or federal law, rules, regulations, guidelines, policies, procedures or cost principles. Grant funds may not be used to purchase any other products or services the OAG identifies as inappropriate or unallowable within this RFA or the Application Kit.

OAG Contact Person: If additional information is needed, contact Jennifer McShane at CVSGrantsApplications@oag.state.tx.us or (512) 936-1278.

TRD-200900665

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: February 17, 2009

Request for Applications for the Sexual Assault Prevention and Crisis Services-Federal Program

The Crime Victim Services Division (CVSD) of the Office of the Attorney General (OAG) is soliciting applications from local and statewide programs that wish to utilize SAPCS-Federal funds for projects that support the primary prevention of sexual assault or sexual violence.

Applicable Funding Source: The source of federal funds includes the Federal Department of Health and Human Services, Preventative Health and Health Services Block Grant, Catalog of Federal Domestic Assistance (CFDA) Number 93.991 and Injury Prevention and Control Research and State and Community Based Programs, CFDA Number 93.136. The federal funds are used for grant contracts supporting the primary prevention of sexual assault or sexual violence. All funding is contingent upon the appropriation of funds by the United States Congress and the Texas Legislature. The OAG makes no commitment that an application, once submitted, or a grant, once funded, will receive subsequent funding.

Eligibility Requirements:

Eligible Applicants: Local units of government, excluding law enforcement agencies and prosecutor's offices; non-profit agencies with 26.U.S.C. 501 (c)(3) status; and state agencies are eligible to apply for a SAPCS-Federal grant.

Local Programs: Eligible local programs must meet the local program eligibility requirements for a SAPCS-State grant which means the local program must offer the following minimum services for at least nine months prior to receiving an SAPCS-Federal grant contract: 24-hour crisis hotline; crisis intervention; public education; advocacy and accompaniment to hospitals, law enforcement offices, prosecutor offices, and courts for survivors and their family members; and crisis intervention volunteer training.

Statewide Program: A statewide program, to be eligible for special project funding, must show that it supports efforts to maintain or expand existing services offered by local sexual assault programs; improve services to survivors; or other activities consistent with Texas Government Code, Chapter 420.

A local or statewide program does not have to actually apply or receive a SAPCS-State grant to meet these eligibility requirements for an SAPCS-Federal grant.

Deadlines and Filing Instructions for the Grant Application:

Registration Deadline: On-line registration is required to apply for an SAPCS-Federal grant. The deadline to complete registration is 5:00 p.m. CST March 27, 2009. If registration is not completed by the deadline, then an Application will not be accepted and is not eligible for funding. To register go to: http://www.oag.state.tx.us/victims/grants.shtml.

1. Hard copies - Via a Next Day Air Overnight Delivery Service:

The Applicant must use a Next Day Air Overnight Delivery Service that tracks its deliveries. Submission by Next Day Air Overnight Delivery Service ensures that your Application can be tracked.

The Applicant must submit one (1) original and three (3) copies of the Application including any required attachments.

The Application should be printed on 8.5 x 11 inch paper. Separate each Application with a binder clip. Do not staple or otherwise bind Applications.

The Application must be sent to the following address:

CVS GRANTS APPLICATIONS - MC 005

OFFICE OF THE ATTORNEY GENERAL

300 W 15TH ST RM 102

AUSTIN, TX 78701-1649

The OAG cannot accept Applications submitted in other formats, including walk-in, hand delivery or same day courier service.

2. Email copies:

The Applicant must submit the Excel workbook by email.

The Excel workbook must be sent to the following email address: CVSGrantsApplications@oag.state.tx.us.

The OAG will not consider an Application if it is not filed by the due date, 5:00 p.m. CST on April 22, 2009.

Minimum and Maximum Amounts of Funding Available: The minimum amount of funding all programs may apply for is $20,000 per fiscal year. The maximum amounts of funding are as follows: new local and new statewide programs-$25,000 per fiscal year; currently funded local programs-$150,000 per fiscal year; and currently funded statewide programs-$450,000 per fiscal year.

Regardless of the maximums stated above, a program may not apply, per fiscal year, for an amount higher than the SAPCS-Federal funds it received in fiscal year (FY) 2009 less any amounts awarded for "technology funds". The amount of an award is determined solely by the OAG. The OAG may award grants at amounts above or below the established funding levels and is not obligated to fund a grant at the amount requested.

Start Date and Length of Grant Contract Period: The grant contract period (term) is up to one year from September 1, 2009 through August 31, 2010, subject to and contingent on funding and/or approval by the OAG. The OAG may, at its discretion, opt to extend contracts for an additional twelve months.

Opportunity to Apply for Future Funding: The OAG may decide to not issue a separate Application Kit for FY2011, therefore this is notice to all applicants that failure to apply and receive funding from this Application Kit may mean that the next available opportunity to apply for SAPCS-Federal funds would be for FY 2012-2013.

No Match Requirements: There are no match requirements for SAPCS-Federal projects.

Volunteer Requirements: All SAPCS-Federal projects must have a volunteer component. Specific requirements for the volunteer component will be stated in the Application Kit.

SAPCS Purpose Area: The purpose of the SAPCS-Federal program is to fund strategies and activities that support the primary prevention of sexual assault or sexual violence and any other purposes consistent with Texas Government Code, Chapter 420.

Staffing: All SAPCS-Federal projects must:

(a) Include a minimum of 75% of an applicant's budget in the personnel and fringe budget categories.

(b) Designate and request funding for a Primary Prevention Coordinator that is responsible for the coordination and implementation of primary prevention efforts. This position must, at a minimum, work 20 hours per week on primary prevention activities on the grant.

In addition, only those staff positions that are directly related to achieving the goals of this project will be funded (this includes staff that has direct involvement in the planning, implementation, or delivery of project activities and those who directly supervise such staff).

Prohibitions on Use of Grant Funds: OAG grant funds may not be used to support or pay the costs of overtime, dues, or lobbying; any portion of the salary or any other compensation for an elected government official; the purchase of food and beverages except as allowed under Texas State Travel Guidelines; the purchase or lease of vehicles; the purchase of promotional items or recreational activities; costs of travel that are unrelated to the direct delivery of services that support the OAG funded program; the costs for consultants or vendors who participate directly in writing a grant application; or for any unallowable costs set forth in applicable state or federal law, rules, regulations, guidelines, policies, procedures or cost principles. Grant funds may not be used to purchase any other products or services the OAG identifies as inappropriate or unallowable within this RFA or the Application Kit. Additional prohibitions include, but are not limited to, using grant funds for: construction and/or renovation; development of major software applications; direct counseling, treatment, or advocacy services to victims or perpetrators of sexual violence; media or awareness campaigns that exclusively promote awareness of where to receive victim services; research; and out-of-state travel for local programs.

OAG Contact Person: If additional information is needed, contact Jennifer McShane at CVSGrantsApplications@oag.state.tx.us or (512) 936-1278.

TRD-200900668

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: February 17, 2009

Request for Applications for the Sexual Assault Prevention and Crisis Services-State Program

The Crime Victim Services Division (CVSD) of the Office of the Attorney General (OAG) is soliciting applications from local and statewide programs that provide services to victims of sexual assault.

Applicable Funding Source: The source of state funds is a biennial appropriation by the Texas Legislature, these funds are constitutionally dedicated. Texas Code of Criminal Procedure, Article 56.541(e) authorizes the OAG to use money appropriated from the Texas Compensation to Victims of Crime Fund for grant contracts supporting victim-related services or assistance. Additional funding comes from parole fees pursuant to Texas Code of Criminal Procedure, Article 42.12, Section 19(e) and Texas Government Code, Section 508.189. All funding is contingent upon an appropriation to the OAG by the Texas Legislature. The OAG makes no commitment that an application, once submitted, or a grant, once funded, will receive subsequent funding.

Eligibility Requirements: Eligible Applicants: Local units of government, excluding law enforcement agencies and prosecutor's offices; non-profit agencies with 26.U.S.C. 501 (c)(3) status; and state agencies are eligible to apply for a SAPCS-State grant.

Local Programs: A local program must offer the following minimum services for at least nine months prior to receiving a SAPCS-State grant contract: 24-hour crisis hotline; crisis intervention; public education; advocacy and accompaniment to hospitals, law enforcement offices, prosecutor offices, and courts for survivors and their family members; and crisis intervention volunteer training.

Deadlines and Filing Instructions for the Grant Application:

Registration Deadline: On-line registration is required to apply for an SAPCS-State grant. The deadline to complete registration is 5:00 p.m. CST March 27, 2009. If registration is not completed by the deadline, then an Application will not be accepted and is not eligible for funding. To register go to: http://www.oag.state.tx.us/victims/grants.shtml.

Filing Instructions: To meet the deadline, the Application must be submitted by both hard copy and email. An Application will be considered timely filed when the OAG receives the paper (hard copies) and the electronic (email) of the Application including any required attachments in the following ways by the required deadline:

1. Hard copies - Via a Next Day Air Overnight Delivery Service:

The Applicant must use a Next Day Air Overnight Delivery Service that tracks its deliveries. Submission by Next Day Air Overnight Delivery Service ensures that your Application can be tracked.

The Applicant must submit one (1) original and three (3) copies of the Application including any required attachments.

The Application should be printed on 8.5 x 11 inch paper. Separate each Application with a binder clip. Do not staple or otherwise bind Applications.

The Application must be sent to the following address:

CVS GRANTS APPLICATIONS - MC 005

OFFICE OF THE ATTORNEY GENERAL

300 W 15TH ST RM 102

AUSTIN, TX 78701-1649

The OAG cannot accept Applications submitted in other formats, including walk-in, hand delivery or same day courier service.

2. Email copies:

The Applicant must submit the Excel workbook by email.

The Excel workbook must be sent to the following email address: CVSGrantsApplications@oag.state.tx.us.

The OAG will not consider an Application if it is not filed by the due date, 5:00 p.m. CST on April 22, 2009.

Minimum and Maximum Amounts of Funding Available: The minimum amount of funding all programs may apply for is $20,000 per fiscal year. The maximum amounts of funding are as follows: new local and new statewide programs-$30,000 per fiscal year; currently funded local programs-$200,000 per fiscal year; and currently funded statewide programs-$300,000 per fiscal year.

Regardless of the maximums stated above, a program may not apply, per fiscal year, for an amount higher than the SAPCS-State funds it received in fiscal year (FY) 2009 less any amounts awarded for "technology funds". The amount of an award is determined solely by the OAG. The OAG may award grants at amounts above or below the established funding levels and is not obligated to fund a grant at the amount requested.

No Match Requirements: There are no match requirements for SAPCS-State projects.

Volunteer Requirements: All SAPCS-State projects must have a volunteer component. Specific requirements for the volunteer component will be stated in the Application Kit.

SAPCS Purpose Area: The purpose of the SAPCS-State program is to maintain or expand the existing services of local sexual assault programs and any other purposes consistent with Texas Government Code, Chapter 420.

Staffing: All SAPCS-State projects must:

(b) Include a minimum of 75% of an Applicant's budget in the Personnel and Fringe Benefits budget categories.

The above requirements apply to all SAPCS-State Applicants, including those that rely upon volunteers or contracted staff to deliver direct victim services. The OAG may grant an exception to one or both of these requirements for projects that demonstrate a need in their Application.

In addition, an Applicant is limited to no more than six positions, no more than three of which may be positions providing administrative support to the SAPCS-State project.

Prohibitions on Use of Grant Funds: OAG grant funds may not be used to support or pay the costs of overtime, dues, or lobbying; any portion of the salary or any other compensation for an elected government official; the purchase of food and beverages except as allowed under Texas State Travel Guidelines; the purchase or lease of vehicles; the purchase of promotional items or recreational activities; out of state travel or costs of travel that are unrelated to the direct delivery of services that support the OAG funded program; the costs for consultants or vendors who participate directly in writing a grant application; or for any unallowable costs set forth in applicable state or federal law, rules, regulations, guidelines, policies, procedures or cost principles. Grant funds may not be used to purchase any other products or services the OAG identifies as inappropriate or unallowable within this RFA or the Application Kit.

OAG Contact Person: If additional information is needed, contact Jennifer McShane at CVSGrantsApplications@oag.state.tx.us or (512) 936-1278.

TRD-200900667

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: February 17, 2009

Request for Applications for the Victim Coordinator and Liaison Grant Program

The Crime Victim Services Division (CVSD) of the Office of the Attorney General (OAG) is soliciting applications for projects that provide victim-related services or assistance. The purpose of the OAG VCLG program is to fund the victim assistance coordinator and crime victim liaison positions for the purposes set forth in the Texas Code of Criminal Procedure, Article 56.04.

Applicable Funding Source for VCLG: The Texas Code of Criminal Procedure, Article 56.541(e) authorizes the OAG to use money appropriated from the Texas Compensation to Victims of Crime Fund for grants or contracts supporting victim related services or assistance. All funding is contingent upon an appropriation to the OAG by the Texas Legislature. The OAG makes no commitment that an application, once submitted, or a grant, once funded, will receive subsequent funding.

Eligibility Requirements:

Eligible Applicants: A local criminal prosecutor, defined as a district attorney, a criminal district attorney, a county attorney with felony responsibility, or a county attorney who prosecutes criminal cases, may apply for a grant to fund the position of a victim assistance coordinator (VAC). A local law enforcement agency, defined as the police department of a municipality or the sheriff's department of any county, may apply for a grant to fund the position of crime victim liaison (CVL).

Deadlines and Filing Instructions for the Grant Application:

Registration Deadline: The deadline to complete registration is 5:00 p.m. CST March 27, 2009. On-line registration is required to apply for a VCLG. If registration is not completed by the deadline, then an Application will not be accepted and is not eligible for funding. To register go to: http://www.oag.state.tx.us/victims/grants.shtml.

1. Hard copies - Via a Next Day Air Overnight Delivery Service:

The Applicant must use a Next Day Air Overnight Delivery Service that tracks its deliveries. Submission by Next Day Air Overnight Delivery Service ensures that your Application can be tracked.

The Applicant must submit one (1) original and three (3) copies of the Application including any required attachments.

The Application should be printed on 8.5 x 11 inch paper. Separate each Application with a binder clip. Do not staple or otherwise bind Applications.

The Application must be sent to the following address:

CVS GRANTS APPLICATIONS - MC 005

OFFICE OF THE ATTORNEY GENERAL

300 W 15TH ST RM 102

AUSTIN, TX 78701-1649

The OAG cannot accept Applications submitted in other formats, including walk-in, hand delivery or same day courier service.

2. Email copies:

The Applicant must submit the Excel workbook by email.

The Excel workbook must be sent to the following email address: CVSGrantsApplications@oag.state.tx.us

The OAG will not consider an Application if it is not filed by the due date, 5:00 p.m. CST on April 22, 2009.

Minimum and Maximum Amounts of Funding Available: The minimum amount of funding a program may apply for is $20,000 per fiscal year. The maximum amount a program may apply for is $39,000 per fiscal year.

No Match or Volunteer Requirements: There are no match or volunteer requirements for VCLG projects.

VCLG Purpose Area: All VCLG projects must be used for victim assistance coordinator and/or crime victim liaison positions for the purposes set forth in Texas Code of Criminal Procedure, Article 56.04.

Staffing: All VCLG projects must:

(a) Include one VAC or CVL position working at least 20 hours per week or two positions working at least 10 hours each per week in the applicant's budget.

(b) Include at least 75% of the applicant's budget in the personnel and fringe budget categories.

Preference: The OAG reserves the right to consider all other appropriations or funding an applicant currently receives when making funding decisions. The OAG may give priority to applicants that do not receive other sources of funding, including funding that originates from the Texas Compensation to Victims of Crime Fund. The OAG reserves the right to give priority to programs that provide direct victim services with grant funds, that provide information and education about victims' rights in their community, or that utilize volunteers in providing services. The OAG reserves the right to give priority to programs that provide services in certain geographic or programmatic areas. The OAG may award Other Victim Assistance Grant (OVAG) funds to programs that would otherwise be eligible for funding under the VCLG program.

OAG Contact Person: If additional information is needed, contact Jennifer McShane at CVSGrantsApplications@oag.state.tx.us or (512) 936-1278.

TRD-200900666

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: February 17, 2009

Coastal Coordination Council

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

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439 - 1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of February 6, 2009, through February 12, 2009. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for this activity extends 30 days from the date published on the Coastal Coordination Council web site. The notice was published on the web site on February 18, 2009. The public comment period for this project will close at 5:00 p.m. on March 20, 2009.

FEDERAL AGENCY ACTIONS:

Applicant: Friendswood Development Company; Location: The project is located southeast of the FM 518 and Chigger Creek intersection in northern Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Algoa, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 288054; Northing: 3263668. Project Description: The applicant proposes to amend U.S. Army Corps of Engineers (Corps) Permit No. 24151 to add the following work: construction of a 357-acre residential development within the subdivision known as West Ranch in north Galveston County, Texas. This project proposes to fill and relocate 1.167 acres (1,951 linear feet) of jurisdictional headwaters and fill 0.02 acres of jurisdictional fringe wetlands. Impacts will total 1.187 acres (1,951 linear feet). The drainage improvements will include the construction of two (2) backslope swale drains with associated articulated blocks for erosion control. Three (3) outfall structures will be constructed which outfall into the proposed wetland mitigation area. The backslope swale drains and outfall structures were designed in pairs and grouped together within the proposed drainage channel in order to minimize impacts to the proposed wetland mitigation and water quality enhancement area. The 1.187 acres (1, 951 linear feet) of impacts will be mitigated with the construction of 1.2 acres (600 linear feet) of wetlands within the bottom of the modified drainage channel and created detention area located on the northern end of the relocated headwater/drainage channel. CCC Project No.: 09-0085-F1. Type of Application: U.S.A.C.E. permit application #SWG-2005-02260 is being evaluated under §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality under §401 of the Clean Water Act (33 U.S.C.A. §1344).

Applicant: Allegro North Condominiums; Location: The project is located at 620 South Fulton Beach Road, in Rockport, Aransas County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Rockport, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 693427; Northing: 3104303. Project Description: The applicant has changed their mitigation plan to construct an offshore wave break originally proposed to offset the impacts from their unauthorized placement of fill in waters of the United States. The after-the-fact application for the fill was previously reviewed under Public Notice 23446 issued on 9 March 2005 and the original mitigation proposal was reviewed under Interagency Coordination Notice 23446 issued 29 April 2008. The applicant chose to drop the original mitigation plan and now proposes to place riprap material along 500 feet of bulkheaded shoreline onsite. CCC Project No.: 09-0087-F1. Type of Application: U.S.A.C.E. permit application #SWG-2003-02541 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality under §401 of the Clean Water Act (33 U.S.C.A. §1344).

Applicant: JP Ventures; Location: The project is located on an 8.9-acre tract, on the east side of State Highway 361, north of its intersection with Howard Boulevard, in Port Aransas, Nueces County, Texas. The project can be located on the U.S.G.S. quadrangle map titled: Port Aransas, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 689888; Northing: 3078510. The mitigation site is located on a 10-acre tract adjacent to the west side of Farm-to-Market Road 1781 near its intersection with McLester Road, north of Rockport, in Aransas County, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14, Easting 687844; Northing 3104591. Project Description: The applicant proposes to fill 2.6 acres of adjacent wetlands on the project site to construct a mixed-use residential and commercial development. The development plan includes a shallow water/marsh feature that would serve as a stormwater detention basin and involves the excavation of an additional 1.1 acres of adjacent wetlands. As mitigation for project impacts, the applicant proposes to construct 6.5 acres of high marsh wetland complex adjacent to Port Bay. Elevations conducive to high marsh vegetation would be achieved by mechanical scrape-down and placement of excavated materials in uplands located onsite. The wetland would receive and be maintained by rainwater runoff that flows from properties adjacent to the site. Vegetation is expected to establish naturally on the site, with natural recruitment from adjacent seed banks near Copano Bay. The mitigation property would be preserved in perpetuity under a conservation easement, deed restriction, or some other legal instrument. CCC Project No.: 09-0095-F1. Type of Application: U.S.A.C.E. permit application #SWG-2007-01793 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344).

Applicant: Jack Ikenaga, Sr.; Location: The project is located on Sabine Lake, at 3654 Martin L. King, in Port Arthur, Jefferson County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Port Arthur South, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 410289; Northing: 3293667. Project Description: This is an after-the-fact permit application. The applicant is requesting authorization to retain the placement of fill material into 0.43 acre of wetland and proposes to construct a 3,156-square-foot pier and boathouse. The applicant proposes to restore 0.09 acre of the initially impacted wetlands. The total amount of permanent fill associated with this permit action will be 0.32 acre. The pier will be built over wetlands and open waters. The proposed boathouse will be covered. CCC Project No.: 09-0097-F1. Type of Application: U.S.A.C.E. permit application #SWG-2007-01754 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality under §401 of the Clean Water Act (33 U.S.C.A. §1344).

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

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

TRD-200900654

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: February 17, 2009

Office of Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.009, and 304.003, Texas Finance Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 2/23/09 - 3/01/09 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 2/23/09 - 3/01/09 is 18% for Commercial over $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 3/01/09 - 3/31/09 is 5.00% for Consumer/Agricultural/Commercial/credit through $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 3/01/09 - 3/31/09 is 5.00% for Commercial over $250,000.

¹Credit for personal, family or household use.

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

TRD-200900691

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: February 18, 2009

Credit Union Department

Application to Expand Field of Membership

Notice is given that the following application has been filed with the Credit Union Department and is under consideration:

An application was received from First Service Credit Union, Houston, Texas to expand its field of membership. The proposal would permit employees of Holiday Inn & Suites - Houston Medical Center, 6800 Main Street, Houston, Texas 77030, to be eligible for membership in the credit union.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Credit unions that wish to comment on any application must also complete a Notice of Protest form. The form may be obtained by contacting the Department at (512) 837-9236 or downloading the form at http://www.tcud.state.tx.us/applications.html. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.

TRD-200900682

Harold E. Feeney

Commissioner

Credit Union Department

Filed: February 18, 2009

Notice of Final Action Taken

In accordance with the provisions of 7 TAC §91.103, the Credit Union Department provides notice of the final action taken on the following applications:

Applications to Expand Field of Membership - Approved

Unity One Credit Union, Fort Worth, Texas - See Texas Register issue dated November 28, 2008.

First Service Credit Union, Houston, Texas - See Texas Register issue dated December 26, 2008.

Applications for a Merger or Consolidation - Approved

Island Teachers Federal Credit Union (Galveston) and Associated Credit Union of Texas (Texas City) - See Texas Register issue dated October 31, 2008.

Rusk County Teachers Federal Credit Union (Henderson) and East Texas Professional Credit Union (Longview) - See Texas Register issue dated November 28, 2008.

Workforce Credit Union (Fort Worth) and Tarrant County Credit Union (Fort Worth) - See Texas Register issue dated November 28, 2008.

Application to Amend Articles of Incorporation - Withdrawn

Corpus Christi City Employees Credit Union - See Texas Register issue dated January 30, 2009

TRD-200900683

Harold E. Feeney

Commissioner

Credit Union Department

Filed: February 18, 2009

East Texas Council of Governments

Request for Proposal for Professional Services

The East Texas Council of Governments (ETCOG) is issuing a Request for Proposal (RFP) for professional services to perform an analysis and manage its benefits package to contain costs. As a result of this RFP, branded services may be developed and offered to its member governments.

The RFP is available at www.etcog.org. Proposals are due to ETCOG by 5:00 p.m. (CST) on March 13, 2009. It is the responsibility of any proposer to review the website periodically for corrections, alterations or answers to questions concerning this RFP.

ETCOG is an equal opportunity employer. Auxiliary Aids and Services are available upon request. Phone number: (903) 984-8641 or TDD (800) 725-2989.

TRD-200900644

David Cleveland

Executive Director

East Texas Council of Governments

Filed: February 13, 2009

Texas Education Agency

Correction of Error

The State Board of Education adopted amendments to 19 TAC Chapter 111, Texas Essential Knowledge and Skills for Mathematics, in the February 13, 2009, issue of the Texas Register (34 TexReg 1056).

Due to a Texas Education Agency error, the word "and" was inadvertently included at the end of §111.34(b)(8)(D). The sentence should read as follows:

(D) find surface areas and volumes of prisms, pyramids, spheres, cones, cylinders, and composites of these figures in problem situations;

TRD-200900696

Notice of Texas Education Agency Secure Environment (TEA SE) Access and Notice of the Grant Writer Designation Form for the 2009-2010 Even Start Family Literacy Competitive Grant

The competitive grant application for the 2009-2010 Even Start Family Literacy Competitive Grant (Even Start) will be available in the Texas Education Agency (TEA) eGrants system with an expected publication date of April 3, 2009. All external customers and users anticipating a need to access the eGrants system to submit a competitive application under the Even Start program, or those who anticipate being part of a shared services arrangement, must have a username and password for the Texas Education Agency Secure Environment (TEA SE) to access the eGrants system. Participants are encouraged to request TEA SE access no later than March 27, 2009, to obtain a TEA SE username and password in a timely manner.

Any users who have previously applied for an eGrants TEA SE username and password do not need to reapply. However, users are encouraged to review the role previously requested for their eGrants username and password to ensure it is appropriate. If the role is not correct, users will need to submit a new eGrants TEA SE access request form indicating the change in role. If a username and password were assigned to an individual who should no longer have access, please complete the eGrants TEA SE access form to delete system access for that individual.

A TEA SE username and password are required for each user of eGrants, including authorized officials such as superintendents and executive directors who submit grant applications, employees or contractors who will assist in writing/completing applications in eGrants, and grant personnel who will be completing project progress reports in eGrants. For each user, a single TEA SE username and password is valid for all eGrants applications and is not limited to any one specific grant. Privileges listed under a role apply to all grants and progress/results reports.

For information on how to apply for eGrants access and to request a TEA SE username and password, go to http://ritter.tea.state.tx.us/opge/egrant/.

As part of the TEA eGrants system, the Grant Writer Assignment (GWA) form has been introduced as a mechanism for identifying users who will have access to view and complete the Even Start grant applications. Due to the competitive nature of some grants, certain users will be designated to have access to a grant application by the superintendent or the organization's authorized official. Only the superintendent or the organization's authorized official may complete the form and must denote agreement with the authorization statement on the bottom of the form before the schedule is complete. In addition to the GWA form, the Applicant Designation and Certification (ADC) form must be submitted in order for designated individuals to gain access to the grant application. The ADC form indicates the maximum amount of funds for which an organization will apply based on the Even Start allocation for the 2009-2010 school year. The information submitted on the form is considered to be binding. Only the users identified on the form will have access to the grant application.

Superintendents or organizations' authorized officials and eGrants TEA SE users can view the instructions for the form at http://maverick.tea.state.tx.us:8080/Guidelines/Template%20Forms/TEMPAA05PP2220_I.pdf.

Description. The objective of the 2009-2010 Even Start program is to help parents become full partners in their children's education; help children reach their full potential as learners; provide literacy training for parents; assist families with parenting strategies in child growth and development and the educational process for children ages birth through 7 years; and coordinate efforts that build on existing community resources. The goal is to help break the cycle of poverty and illiteracy by improving educational opportunities of low-income families by integrating early childhood education, parenting education, and adult education into a unified family-centered program.

Project Dates. The Even Start program will be implemented during the 2009-2010 school year. Applicants should plan for a starting date of no earlier than September 1, 2009, and an ending date of no later than August 31, 2010.

Project Amount. Funding will be provided for approximately 14 projects. Each project will receive a maximum of $200,000 for the 2009-2010 school year. Project funding in the second year will be based on satisfactory progress of the first-year objectives and activities, on general budget approval by the commissioner of education, and on appropriations by the U.S. Congress. This project is funded 90 percent from federal funds and 10 percent from local cost share match, which may be provided from other federal, state, or local sources.

Training Available on Texas Education Telecommunication Network (TETN). TEA is offering training via TETN (TETN Event #34969) on Tuesday, March 31, 2009, from 1:00 p.m. to 3:00 p.m. This training will cover the Even Start grant application and will provide the opportunity for questions and answers. As space is limited, individuals planning to attend the event must reserve seating with their regional education service center.

Further Information. For clarifying information about this notice or the Request for Application (RFA), contact Iris Adams, Division of Discretionary Grants, Texas Education Agency, (512) 463-9269. To assure that no prospective applicant may obtain a competitive advantage because of acquisition of information unknown to other prospective applicants, any and all questions about the RFA must be submitted in writing to the TEA contact persons identified in Part 2: Program Guidelines of the RFA. All questions 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.

TRD-200900684

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: February 18, 2009

Request for Applications Concerning 2008-2009 Awards of Excellence for Local School Health Advisory Councils (SHACs)

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-09-112 from all Texas district-level local school health advisory councils (SHACs) and all Texas public charter school SHACs.

Description. The purpose of these grants is to recognize the five most qualified SHACs with a grant award. Additionally, policies and best practices from each SHAC receiving a grant award will be showcased on selected agency web sites and through training as exemplary strategies.

Dates of Project. The Awards of Excellence for Local School Health Advisory Councils grant will be implemented during the 2008-2009 school year. Applicants should plan for a starting date of no earlier than May 15, 2009, and an ending date of no later than November 30, 2009.

Project Amount. Approximately $10,000 is available to fund Awards of Excellence for Local School Health Advisory Councils during the project period. A maximum of five $2,000 grants will be awarded, based on application ranking. This project is funded by The Council of State Governments through a grant from the Robert Wood Johnson Foundation in connection with the Southern Collaborative on Obesity Reduction Efforts (SCORE).

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.

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. Due to the high cost of printing and mailing RFAs, they will no longer be available in print. The announcement letter and complete RFA will be posted on the TEA website at http://burleson.tea.state.tx.us/GrantOpportunities/forms for viewing and downloading. In the "Select Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view all documents that pertain to this RFA.

Further Information. For clarifying information about the RFA, contact David Nobles, Division of Discretionary Grants, Texas Education Agency, (512) 463-9269. To assure that no prospective applicant may obtain a competitive advantage because of acquisition of information unknown to other prospective applicants, any and all questions must be submitted in writing to the TEA contact person. Copies of all questions 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. In the "Select Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view all documents that pertain to this RFA.

Deadline for Receipt of Applications. Applications must be received in the TEA Document Control Center by 5:00 p.m. (Central Time), Thursday, March 26, 2009, to be eligible to be considered for funding.

TRD-200900685

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: February 18, 2009

Texas Commission on Environmental Quality

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is March 30, 2009 . 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) 239-2545 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 March 30, 2009. 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: Barr/Principle Builders, LLC; DOCKET NUMBER: 2008-1658-WQ-E; IDENTIFIER: RN105587042; LOCATION: San Antonio, Bexar County; TYPE OF FACILITY: residential construction site; 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: $900; ENFORCEMENT COORDINATOR: Lanae Foard, (512) 239-2554; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(2) COMPANY: Mike Bowman dba Bowman's Mobile Tire Service; DOCKET NUMBER: 2008-1605-MSW-E; IDENTIFIER: RN105503247; LOCATION: Meridian, Bosque County; TYPE OF FACILITY: retail tire service; RULE VIOLATED: 30 TAC §328.56(d)(2), by failing to obtain a scrap tire storage site registration; PENALTY: $2,625; ENFORCEMENT COORDINATOR: Danielle Porras, (512) 239-2602; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(3) COMPANY: Cal Development, Inc. dba Scott Texaco; DOCKET NUMBER: 2008-1603-PST-E; IDENTIFIER: RN101811917; LOCATION: Houston, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(2) and the Code, §26.3475(a), by failing to provide proper release detection for the pressurized piping associated with the underground storage tanks; 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475(a), by failing to test the line leak detectors; and 30 TAC §115.245(2) and Texas Health and Safety Code (THSC), §382.085(b), by failing to verify proper operation of Stage II equipment; PENALTY: $12,646; ENFORCEMENT COORDINATOR: Brianna Carlson, (956) 425-6010; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(4) COMPANY: Dean Word Company, Limited; DOCKET NUMBER: 2008-1765-WQ-E; IDENTIFIER: RN101461358; LOCATION: Austin, Travis County; TYPE OF FACILITY: limestone quarry; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 CFR §122.26(c), by failing to obtain authorization to discharge storm water associated with industrial activities; PENALTY: $17,250; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5700, (512) 339-2929.

(5) COMPANY: ENNIS WEST END, INC. dba Speedmax 1; DOCKET NUMBER: 2008-1707-PST-E; IDENTIFIER: RN101538007; LOCATION: Dallas, Dallas County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.246(7)(A) and THSC, §382.085(b), by failing to maintain Stage II records at the station and make them immediately available for review; and 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; PENALTY: $4,388; ENFORCEMENT COORDINATOR: Michael Pace, (817) 588-5800; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(6) COMPANY: ExxonMobil Oil Corporation; DOCKET NUMBER: 2008-1475-AIR-E; IDENTIFIER: RN102553336; LOCATION: Beaumont, Jefferson County; TYPE OF FACILITY: gasoline bulk storage plant; RULE VIOLATED: 30 TAC §§122.143(4), 122.145(2)(A), and 122.146(5)(C)(v), Federal Operating Permit (FOP) Number O-02715, General Terms and Conditions (GTC), and THSC, §382.085(b), by failing to disclose a deviation within the semi-annual deviation reporting period and to accurately certify the annual compliance certification; and 30 TAC §§101.20(3), 116.115(b)(2)(F) and (c), and 122.143(4), FOP Number O-02715, Special Terms and Conditions Number 7, New Source Review Permit Number 49131, Special Condition Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $2,599; Supplemental Environmental Project (SEP) offset amount of Jefferson County: Retrofit/Replacement of Heavy Equipment and Vehicles with Alternative Fueled Equipment and Vehicles; ENFORCEMENT COORDINATOR: James Nolan, (512) 239-6634; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(7) COMPANY: Hamshire Community Water Supply Corporation; DOCKET NUMBER: 2007-0970-MWD-E; IDENTIFIER: RN102335619; LOCATION: Jefferson County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(9) and Texas Pollutant Discharge Elimination System (TPDES) Permit Number 12098003, Monitoring and Reporting Requirements Numbers 7(a) and (b)(i), by failing to report unauthorized discharges; 30 TAC §305.125(1), TPDES Permit Number 12098003, Effluent Limitations and Monitoring Requirements Numbers 1 and 6, and the Code, §26.121(a) by failing to comply with its permitted effluent limits for dissolved oxygen (DO), ammonia-nitrogen (NH₃N), and flow; 30 TAC §305.125(17) and §319.7(d) and TPDES Permit Number 12098003, Monitoring and Reporting Requirements Number 1, by failing to submit the discharge monitoring reports; 30 TAC §305.125(1) and TPDES Permit Number 12098003, Monitoring and Reporting Requirements Number 7(c), by failing to report noncompliances which deviate from the permitted effluent limits by more than 40%; 30 TAC §319.7(c) and TPDES Permit Number 12098003, Monitoring and Reporting Requirements Number 3(b), by failing to maintain records at the facility as required by the permit; 30 TAC §305.125(5) and TPDES Permit Number 12098003, Operational Requirements Number 1, by failing to ensure that all systems of collection, treatment, and disposal are properly maintained and operated; 30 TAC §305.125(1) and §319.11(d) and TPDES Permit Number 12098003, Operational Requirements Number 5, by failing to maintain a readily accessible flow measuring device; 30 TAC §305.125(6) and TPDES Permit Number 12098003, Permit Conditions Number 1(c), by failing to submit requested information regarding efforts taken to resolve a citizen complaint; TPDES Permit Number 12098003, Permit Conditions Number 2(g) and the Code, §26.121(a), by failing to prevent unauthorized discharges of wastewater; and 30 TAC §305.126(a) and TPDES Permit Number 12098003, Operational Requirements Number 8(a), by failing to initiate engineering and financial planning for facility expansion and/or upgrades when the effluent daily average flow measurements reached 75% of its permitted daily average flow limit; PENALTY: $46,000; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(8) COMPANY: JWR-HO, L.P.; DOCKET NUMBER: 2008-1705-MWD-E; IDENTIFIER: RN102915378; LOCATION: Harris County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.42(a) and the Code, §26.121(a)(1), by failing to obtain a TPDES permit as required; PENALTY: $3,760; ENFORCEMENT COORDINATOR: Steve Villatoro, (512) 239-4930; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(9) COMPANY: City of Kennard; DOCKET NUMBER: 2008-1710-MWD-E; IDENTIFIER: RN102078169; LOCATION: Houston County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0011474001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to maintain compliance with the permit effluent limits; 30 TAC §305.125(1) and TPDES Permit Number WQ0011474001, Monitoring and Reporting Requirements Number 7.c, by failing to submit noncompliance notification reports for effluent violations that deviated from the permitted effluent limits by more than 40%; 30 TAC §319.7(a) and TPDES Permit Number WQ0011474001, Monitoring and Reporting Requirements Number 3(c)(ii), by failing to maintain records of monitoring activities; and 30 TAC §305.125(5), TPDES Permit Number WQ0011474001, Permit Conditions Number 2.d, by failing to prevent an unauthorized discharge of sludge; PENALTY: $8,745; ENFORCEMENT COORDINATOR: Heather Brister, (254) 751-0335; REGIONAL OFFICE: 3870 Eastex Freeweay, Beaumont, Texas 77703-1830, (409) 898-3838.

(10) COMPANY: City of Madisonville; DOCKET NUMBER: 2008-1703-MWD-E; IDENTIFIER: RN101719821; LOCATION: Madison County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(17) and TPDES Permit Number WQ0010215001, Sludge Provisions, by failing to timely submit the annual sludge report; and 30 TAC §305.125(1), TPDES Permit Number WQ0010215001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for total suspended solids (TSS) and NH₃N; PENALTY: $6,500; SEP offset amount of $5,200 applied to Texas Association of Resource Conservation and Development Areas, Inc. - Water or Wastewater Treatment Assistance; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(11) COMPANY: Maximus Coffee Group, LP; DOCKET NUMBER: 2008-1619-AIR-E; IDENTIFIER: RN100214931; LOCATION: Houston, Harris County; TYPE OF FACILITY: coffee processing plant; RULE VIOLATED: 30 TAC §122.143(4) and §122.145(2)(C), Air Operating Permit Number O-01018, GTC, and THSC, §382.085(b), by failing to timely submit the deviation report; PENALTY: $1,400; ENFORCEMENT COORDINATOR: Ross Fife, (512) 239-2541; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(12) COMPANY: City of Point; DOCKET NUMBER: 2008-1715-MWD-E; IDENTIFIER: RN101720381; LOCATION: Rains County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0010964002, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for TSS and five-day biochemical oxygen demand; 30 TAC §305.125(17) and TPDES Permit Number WQ0010964002, Sludge Provisions, by failing to submit the annual sludge report; and 30 TAC §305.125(17) and TPDES Permit Number WQ0010964002, Monitoring and Reporting Requirements Number 1, by failing to submit effluent monitoring results at the intervals specified in the permit; PENALTY: $11,524; ENFORCEMENT COORDINATOR: Heather Brister, (254) 751-0335; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(13) COMPANY: Dale K. Farrow dba Reclamation Contractors of Texas; DOCKET NUMBER: 2008-1785-WQ-E; IDENTIFIER: RN105598031; LOCATION: Cherokee County; TYPE OF FACILITY: industrial mining operation; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 CFR §122.26(c), by failing to obtain authorization to discharge storm water associated with mining activities; PENALTY: $3,600; ENFORCEMENT COORDINATOR: Audra Benoit, (713) 767-3500; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(14) COMPANY: City of San Antonio; DOCKET NUMBER: 2008-1672-EAQ-E; IDENTIFIER: RN105594287; LOCATION: San Antonio, Bexar County; TYPE OF FACILITY: city park; RULE VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain approval of a water pollution abatement plan; PENALTY: $2,250; SEP offset amount of $1,800 applied to Audubon Society-Mitchell Lake Project; ENFORCEMENT COORDINATOR: Lanae Foard, (512) 239-2554; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(15) COMPANY: TOTAL PETROCHEMICALS USA, INC.; DOCKET NUMBER: 2008-1173-AIR-E; IDENTIFIER: RN100212109; LOCATION: La Porte, Harris County; TYPE OF FACILITY: petrochemical plant; RULE VIOLATED: 30 TAC §116.615(2), Standard Permit Number 78962, General Condition Number 8, and THSC, §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §101.201(a)(1) and THSC, §382.085(b), by failing to report the emissions event that occurred on April 16, 2008 to May 1, 2008 within 24 hours of discovery; PENALTY: $84,024; ENFORCEMENT COORDINATOR: Roshondra Lowe, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

TRD-200900657

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 17, 2009

Notice of Water Quality Applications

The following notices were issued during the period of February 5, 2009 through February 12, 2009.

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

INFORMATION SECTION

CITY OF MORAN has applied for a renewal of Permit No.WQ0011420001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 32,000 gallons per day via surface irrigation of 10 acres of non-public access agricultural land. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located approximately 1,500 feet east of the intersection of State Highway 6 and Farm-to-Market Road 576 on the east bank of Post Oak Creek in the City of Moran in Shackelford County, Texas.

WILLIAM DONALD SMITH has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014900001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 12,000 gallons per day. The facility was previously permitted under TPDES Permit No. WQ0014506001 which expired on March 1, 2007. The facility is located at 6901 Ramona Road, approximately 100 feet southwest of the intersection of Ramona Road and Vogel Creek in Harris County, Texas.

CITY OF GATESVILLE has applied for a renewal of TPDES Permit No. WQ0010176003, which authorizes the discharge of treated water treatment plant filter backwash water at a daily average flow not to exceed 250,000 gallons per day. The facility is located one mile east of the intersection of Texas Highway 184 and Bell County Road (22240 Owl Creek Road) being six miles south of the intersection of Texas Highways 184 and 36 in Bell County, Texas.

ANTHONY FOREST PRODUCTS COMPANY which operates Anthony Forest Products, has applied for a renewal of TPDES Permit No. WQ0003811000, which authorizes the discharge of wet decking wastewater, boiler blowdown, truck washwater, process area and nonprocess area storm water runoff on an intermittent and flow variable basis via Outfall 001; process area and nonprocess area storm water runoff and fire control water on an intermittent and flow variable basis via Outfall 002; and process area and nonprocess area storm water runoff on an intermittent and flow variable basis via Outfall 003. The draft permit authorizes the discharge of wet decking wastewater, truck washwater, process area and nonprocess area storm water runoff on an intermittent and flow variable basis via Outfall 001; boiler blowdown and process area and nonprocess area storm water runoff and fire control water on an intermittent and flow variable basis via Outfall 002; and process area and nonprocess area storm water runoff on an intermittent and flow variable basis via Outfall 003. The facility is located on State Highway 43, approximately 0.5 mile northeast of the intersection of State Highway 77 and 43, adjacent to the Texas and Pacific Railroad track in the City of Atlanta, Cass County, Texas.

FREESTONE POWER GENERATION LP AND CALPINE OPERATING SERVICES COMPANY INC which operates the Freestone Power Generation Plant, a combined cycle electric power generation facility has applied for a major amendment to TPDES Permit No. WQ0004298000 to authorize the use of EPA approved method for free available chlorine, and to allow simultaneous multi-unit chlorination and continuous chlorination with de-chlorination during period of continuous chlorination for discharges via Outfall 001. The current permit authorizes the discharge of cooling tower blowdown, low volume wastes, and storm water at a daily average not to exceed 820,000 gallons per day via Outfall 001. The facility is located on the east side of State Highway 488, approximately 0.9 mile northeast of the intersection of State Highway 488 and County Road 1124, and 12 miles northeast of the City of Fairfield, Freestone County, Texas.

CITY OF SMITHVILLE has applied for a renewal of TPDES Permit No. WQ0010286003, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 300,000 gallons per day. The facility is located 0.8 mile east of the City of Smithville city limit and approximately 2.3 miles east of the intersection of State Highway 71 (now Loop 230) and State Highway 95 in Bastrop County, Texas.

CITY OF MINERAL WELLS has applied for a renewal of TPDES Permit No. WQ0010585004 which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,260,000 gallons per day. The facility is located approximately 1,700 feet northwest of the intersection of U.S. Highway 180 and Rock Creek in Parker County, Texas.

TEXAS PARKS AND WILDLIFE DEPARTMENT has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of Permit No. WQ0011246001 and requests that the method of disposal be changed from irrigation to evaporation. The draft permit authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 4,200 gallons per day via an evaporation/storage pond system with a total surface area of 1.9 acres and a total capacity of 5.7 acre-feet. The wastewater treatment facility and disposal site are located near the confluence of the Paluxy River, and Opossum Branch within Dinosaur Valley State Park, approximately 1.2 miles northwest of the intersection of State Highway 205 and State Highway-Park Road 59 and approximately four miles west-northwest of the intersection (in the City of Glen Rose) of U.S. Highway 67 and Farm-to-Market Road 56 in Somervell County, Texas. The wastewater treatment facility and disposal site are located in the drainage area of Paluxy River/North Paluxy River in Segment No. 1229 of the Brazos River Basin.

FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 116 has applied for a renewal of TPDES Permit No. WQ0013976001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 500,000 gallons per day. The facility is located at 1003 1/2 FM 2759, along the west side of Crabb River Road, approximately 4200 feet south of U.S. Highway 59 in the City of Richmond in Fort Bend County, Texas.

FORT BEND MUNICIPAL UTILITY DISTRICT NO 116 has applied for a renewal of TPDES Permit No. WQ0014140001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 980,000 gallons per day. The facility is located at 5323 1/2 Carta Valley, on Rabbs Bayou 5,000 feet northwest of the intersection of Crabb River Road (Farm-to-Market Road 2759) and Farm-to-Market Road 762, and 10,400 feet east of the intersection of U.S. Highway 59 and Farm-to-Market Road 762, in the City of Richmond in Fort Bend County, Texas.

AQUA DEVELOPMENT INC has applied for a renewal of TPDES Permit No. WQ0014243001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 225,000 gallons per day. The facility will be located three miles northeast of the intersection of State Highway 359 and State Highway 723 in Fort Bend County, Texas.

SOUTHWEST MILAM WATER SUPPLY CORPORATION has applied for a renewal of TPDES Permit No. WQ0014508001, which authorizes the discharge of treated water treatment filter backwash water at a daily average flow not to exceed 13,000 gallons per day. The facility is located on the west side of County Road 360, approximately 1,700 feet south of U.S. Highway 79, 6 1/2 miles east of Rockdale in Milam County, Texas.

HYAS CORPORATION has applied for a renewal of TPDES Permit No. WQ0014571001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 980,000 gallons per day. The facility will be located approximately 550 feet south of Interstate Highway 10 and 2200 feet east of Igloo Road in Waller County, Texas.

CITY OF WINDTHORST has applied for a new permit, Proposed Permit No. WQ0014915001, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 60,000 gallons per day via surface irrigation of 60 acres of non-public access agricultural land. The facility was previously permitted under Permit No. WQ0011399001 which expired December 01, 2007. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located approximately 1,600 feet west of U.S. Highway 281 and one mile north of the intersection of U.S. Highway 281 and State Highway 25 in Archer County, Texas.

EAGLE STAR INVESTMENTS LLP has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014918001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 100,000 gallons per day. The facility will be located approximately 1,800 feet northeast of the intersection of Woodlands Parkway and Farm-to-Market Road 2978 in Montgomery County, Texas.

SOUTHERN HORIZONS LP has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014922001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 120,000 gallons per day. The facility will be located approximately 100 linear feet south of the intersection of Highway 59 and King Port Drive in Montgomery County, Texas.

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

TRD-200900692

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 18, 2009

Notice of Water Rights Application

Notice issued February 13, 2009

APPLICATION NO. 12390; XTO Energy, Inc., Applicant, 6141 Paluxy Drive, Tyler, Texas 75703, has applied for a Temporary Water Use Permit to divert and use not to exceed 720 acre-feet of water within a three-year period from the Sabine River, Sabine River Basin for mining purposes in Panola County. More information on the application and how to participate in the permitting process is given below. The application and partial fees were received on October 20, 2008. Additional information and fees were received on December 18, 2008. The application was declared administratively complete and accepted for filing on January 6, 2009. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk, at the address provided in the information section below by March 3, 2009.

INFORMATION SECTION

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

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

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

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

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

TRD-200900693

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 18, 2009

Proposal for Decision

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on January 9, 2009, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Tanvir A. Malik dba Malik Exxon; SOAH Docket No. 582-07-3621; TCEQ Docket No. 2005-1953-PST-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Tanvir A. Malik dba Malik Exxon 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 Melissa Chao, Office of the Chief Clerk, (512) 239-3300.

TRD-200900694

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 18, 2009

Texas Facilities Commission

Request for Proposals #303-9-11138

The Texas Facilities Commission (TFC), on behalf of the Texas Parks and Wildlife Department (TPWD), announces the issuance of Request for Proposals (RFP) #303-9-11138. TFC seeks a ten (10) year lease of approximately 3,839 square feet of office space in Garland/Mesquite, Dallas County, Texas.

The deadline for questions is March 6, 2009 and the deadline for proposals is March 13, 2009 at 3:00 p.m. The award date is April 15, 2009. 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=81012.

TRD-200900688

Kay Molina

General Counsel

Texas Facilities Commission

Filed: February 18, 2009

Request for Proposals #303-9-11205

The Texas Facilities Commission (TFC), on behalf of the Office of the Attorney General (OAG), announces the issuance of Request for Proposals (RFP) #303-9-11205. TFC seeks a five (5) or ten (10) year lease of approximately 11,508 square feet of office space in Tyler, Smith County, Texas.

The deadline for questions is March 6, 2009 and the deadline for proposals is March 17, 2009 at 3:00 p.m. The award date is April 15, 2009. 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.

TRD-200900689

Kay Molina

General Counsel

Texas Facilities Commission

Filed: February 18, 2009

Request for Proposals #303-9-11207

The Texas Facilities Commission (TFC), on behalf of the Office of the Attorney General (OAG), announces the issuance of Request for Proposals (RFP) #303-9-11207. TFC seeks a five (5) or ten (10) year lease of approximately 9,994 square feet of office space in Tyler, Smith County, Texas.

TRD-200900674

Kay Molina

General Counsel

Texas Facilities Commission

Filed: February 17, 2009

Texas Health and Human Services Commission

Public Notice

The Texas Health and Human Services Commission (HHSC) intends to submit to the Centers for Medicare and Medicaid Services (CMS) a request to amend the State of Texas Access Reform + PLUS (STAR+PLUS) program, a 1915(b) waiver program to the Texas State Plan for Medical Assistance under Title XIX of the Social Security Act.

STAR+PLUS is designed for Texans who are elderly or who have a physical or mental disability and qualify for SSI benefits or for Medicaid due to low income. This waiver program integrates delivery of acute and long-term care services through a managed care system. The program serves SSI and SSI-related aged and disabled Medicaid recipients in Atascosa, Bexar, Comal, Guadalupe, Kendall, Medina, and Wilson Counties (Bexar Service Area); Brazoria, Fort Bend, Galveston, Harris, Montgomery, and Waller counties (Harris/Harris Expansion Service Area); Aransas, Bee, Calhoun, Jim Wells, Kleberg, Nueces, Refugio, San Patricio, and Victoria counties (Nueces Service Area); and Bastrop, Burnet, Caldwell, Hays, Lee, Travis and Williamson counties (Travis Service Area).

Currently, the STAR+PLUS program capitation rate includes nursing facility costs. The amendment would exclude nursing facility services from the capitation premium methodology paid to STAR+PLUS managed care organizations.

HHSC also plans to amend the STAR+PLUS contract and rates. This amendment causes no impact to STAR+PLUS members as the amendment does not impact services and the nursing facility providers will continue to submit claims to Texas Medicaid Health Partnership (TMHP).

HHSC is requesting that the waiver amendment be approved beginning March 1, 2009, through August 31, 2010. This waiver maintains cost effectiveness for waiver years 2009 through 2010.

To obtain copies of the proposed waiver, interested parties may contact Carmen Samilpa-Hernandez, Texas Health and Human Services Commission, P.O. Box 85200, mail code H-620, Austin, Texas 78708-5200, phone (512) 491-1128, fax (512) 491-1953, or by e-mail carmen.samilpa-hernandez@hhsc.state.tx.us.

TRD-200900606

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: February 13, 2009

Public Notice

The Texas Health and Human Services Commission (HHSC) announces its intent to submit TN No. 09-010, an amendment to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed amendment is effective April 1, 2009.

Pursuant to guidance from the Centers for Medicare & Medicaid Services (CMS), the amendment will modify the reimbursement methodology in the Texas Medicaid State Plan for in-home total parenteral hyperalimentation services. CMS has informed HHSC that Medicaid payments for hyperalimentation services cannot be based on a bundled rate; instead, the payments for the hyperalimentation nursing services must be separately reimbursed from the payments for the hyperalimentation nutritional products and associated medical supplies. As of April 1, 2009, Medicaid payment for these services will be unbundled, with the reimbursement for the hyperalimentation nursing services covered under the currently approved reimbursement methodology for home health services and the reimbursement for the hyperalimentation nutritional products and associated medical supplies covered under the currently approved reimbursement methodology for durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS).

The proposed amendment has no estimated fiscal impact for federal fiscal year (FFY) 2009 through FFY 2013 since no rate changes are associated with the implementation of the unbundling of the reimbursement for in-home total parenteral hyperalimentation services.

Interested parties may obtain copies of the proposed amendment by contacting Dan Huggins, Director of Rate Analysis for Acute Care Services, 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) 491-1432; by facsimile at (512) 491-1998; or by e-mail at dan.huggins@hhsc.state.tx.us. Copies of the proposals will also be made available for public review at the local offices of the Texas Department of Aging and Disability Services.

TRD-200900687

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: February 18, 2009

Texas Department of Insurance

Third Party Administrator Applications

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

Application of JOHNS EASTERN COMPANY, INC., a foreign third party administrator. The home office is BRADENTON, FLORIDA.

Application of MAXIM INSURANCE SOLUTIONS, LC (using the assumed name of MAXIM INSURANCE ADMINISTRATORS, LLC), a foreign third party administrator. The home office is JEFFERSON CITY, MISSOURI.

Any objections must be filed within 20 days after this notice is published in the Texas Register, addressed to the attention of David Moskowitz, MC 305-2E, 333 Guadalupe, Austin, Texas 78701.

TRD-200900572

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: February 11, 2009

Texas Lottery Commission

Instant Game Number 1156 "9's in a Line"

1.0 Name and Style of Game.

A. The name of Instant Game No. 1156 is "9'S IN A LINE". The play style for this game is "row/column/diagonal".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1156 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 1156.

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: 2, 3, 4, 5, 6, 7, 8, 9, $1.00, $2.00, $3.00, $9.00, $19.00, $49.00, $99.00, $199 and $900.

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. 1156 - 1.2D

E. 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.

F. Low-Tier Prize - A prize of $1.00, $2.00, $3.00, $9.00 or $19.00.

G. Mid-Tier Prize - A prize of $49.00, $99.00 or $199.

H. High-Tier Prize - A prize of $900.

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

J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1156), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 150 within each pack. The format will be: 1156-0000001-001.

K. Pack - A pack of "9'S IN A LINE" Instant Game tickets contains 150 tickets, packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 001 to 005 will be on the top page; tickets 006 to 010 on the next page; etc.; and tickets 146 to 150 will be on the last page with backs exposed. Ticket 001 will be folded over so the front of ticket 001 and 010 will be exposed.

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

M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "9'S IN A LINE" Instant Game No. 1156 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 "9'S IN A LINE" Instant Game is determined once the latex on the ticket is scratched off to expose 10 (ten) Play Symbols. If a player reveals three (3) "9" play symbols in any one row, column or diagonal, the player wins prize. 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 10 (ten) 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 10 (ten) 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 10 (ten) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 10 (ten) 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 ticket will contain three or more of a kind other than the 9 symbol.

2.3 Procedure for Claiming Prizes.

A. To claim a "9'S IN A LINE" Instant Game prize of $1.00, $2.00, $3.00, $9.00, $19.00, $49.00, $99.00 or $199, 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 $49.00, $99.00 or $199 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 "9'S IN A LINE" Instant Game prize of $900, 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 "9'S IN A LINE" 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.

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

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "9'S IN A LINE" 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 "9'S IN A LINE" 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 20,160,000 tickets in the Instant Game No. 1156. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 1156 - 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. 1156 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. 1156, 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-200900655

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: February 17, 2009

Instant Game Number 1184 "$50,000 Cash Winfall"

1.0 Name and Style of Game.

A. The name of Instant Game No. 1184 is "$50,000 CASH WINFALL". The play style is "key symbol match with multipliers".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1184 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 1184.

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: APPLE SYMBOL, GOLD BAR SYMBOL, BELL SYMBOL, STRAWBERRY SYMBOL, BOW SYMBOL, CENTS SYMBOL, CHEST SYMBOL, CLOVER SYMBOL, STACK OF COINS SYMBOL, CROWN SYMBOL, DIAMOND SYMBOL, EMERALD SYMBOL, FISTFULL OF MONEY SYMBOL, GRAPES SYMBOL, LEMON SYMBOL, MELON SYMBOL, MINK SYMBOL, NECKLACE SYMBOL, PIGGY BANK SYMBOL, PINEAPPLE SYMBOL, POT OF GOLD SYMBOL, RING SYMBOL, ROLL OF DOLLAR BILLS SYMBOL, SAFE SYMBOL, HORSESHOE SYMBOL, DOLLAR SIGN SYMBOL, STAR SYMBOL, 7 SYMBOL, WALLET SYMBOL, 1X SYMBOL, 2X SYMBOL, 5X SYMBOL, 10X SYMBOL, 20X SYMBOL, $5.00, $10.00, $20.00, $50.00, $100, $500, $1,000 and $50,000.

Figure 1: GAME NO. 1184 - 1.2D

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

G. Mid-Tier Prize - A prize of $50.00, $100, $200 or $500.

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

J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1184), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 075 within each pack. The format will be: 1184-0000001-001.

K. Pack - A pack of "$50,000 CASH WINFALL" Instant Game tickets contains 075 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. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "$50,000 CASH WINFALL" Instant Game No. 1184 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 "$50,000 CASH WINFALL" 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 SYMBOLS to any of the WINNING SYMBOLS, the player wins the PRIZE shown for that symbol. The player then scratches the MYSTERY MULTIPLIER for a chance to win 2X, 5X, 10X or 20X the total PRIZE won on this ticket! 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;

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.

2.2 Programmed Game Parameters.

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

B. The top prize will appear on every ticket unless otherwise restricted.

C. No more than four matching non-winning prize symbols.

D. No duplicate non-winning YOUR SYMBOLS play symbols on a ticket.

E. No duplicate WINNING SYMBOLS play symbols on a ticket.

F. The 1X MYSTERY MULTIPLIER play symbol will appear on every winning ticket that is not designated by the prize structure to contain the 2X, 5X, 10X or 20X MYSTERY MULTIPLIER play symbols.

G. Non-winning prize symbols will never be the same as the winning prize symbol(s) in this game.

2.3 Procedure for Claiming Prizes.

A. To claim a "$50,000 CASH WINFALL" Instant Game prize of $5.00, $10.00, $20.00, $50.00, $100, $200 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, $200 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 "$50,000 CASH WINFALL" 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 "$50,000 CASH WINFALL" 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;

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

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 "$50,000 CASH WINFALL" 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 "$50,000 CASH WINFALL" 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.

3.0 Instant Ticket Ownership.

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. 1184. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 1184 - 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. 1184 without advance notice, at which point no further tickets in that game may be sold. The determination of the closing date and reasons for closing the game will be made in accordance with the instant game closing procedures and the Instant Game Rules, 16 TAC §401.302(j).

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. 1184, 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-200900656

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: February 17, 2009

North Central Texas Council of Governments

Request for Proposals for the North Texas Aviation Education Initiative: Development and Implementation

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

The NCTCOG is requesting written proposals from consultant firm(s) to assist NCTCOG in carrying out the North Texas Aviation Education Initiative: Development and Implementation. This initiative is being initiated by NCTCOG from a widely recognized need for additional aviation workforce regionally and nationally. Despite its preeminence in the aviation industry, and the demonstrated need to train additional aviation professionals, the region lacks both a public university with a comprehensive four-year college program for students who would like to pursue an aviation career and a clear path for students interested in aviation careers. The need for a comprehensive public education aviation program was first documented by a Texas Transportation Institute Report (2003) and later by NCTCOG's New Technology and Industry Trends Report (2007). The goal of this initiative is to coordinate with regional industry and academic partners to form a complete and thorough aviation academic program and implement it in the region. This initiative will address the needs at various academic levels including university, community college, trade school, high school, and junior high as well as their combination with existing regional resources and industry outreach efforts.

Due Date

Proposals must be received no later than 5:00 p.m., Central Daylight Time, on Friday, March 27, 2009, to Rachel Wiggins, Program Manager, North Central Texas Council of Governments, 616 Six Flags Drive, Arlington, Texas 76011 or P.O. Box 5888, Arlington, Texas 76005-5888. For copies of the Request for Proposals, contact Therese Bergeon, at (817) 695-9267.

Contract Award Procedures

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

Regulations

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

TRD-200900695

R. Michael Eastland

Executive Director

North Central Texas Council of Governments

Filed: February 18, 2009

Public Utility Commission of Texas

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

The Public Utility Commission of Texas received an application on February 9, 2009, 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 its State-Issued Certificate of Franchise Authority, Project Number 36678 before the Public Utility Commission of Texas.

The requested amended CFA service area includes the City Limits of Little Elm and Terrell, 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 36678.

TRD-200900594

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 12, 2009

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

The Public Utility Commission of Texas (commission) received an application on February 11, 2009, 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 Etan Industries, Inc. d/b/a CMA Communications for an Amendment to its State-Issued Certificate of Franchise Authority, Project Number 36691 before the Public Utility Commission of Texas.

The requested expanded CFA service area includes the City Limits of Giddings, Texas.

TRD-200900671

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 17, 2009

Notice of a Petition for Declaratory Order

Notice is given to the public of a petition for declaratory order with the Public Utility Commission of Texas on February 13, 2009.

Docket Style and Number: Petition of Texas Utility Solutions LLC for Declaratory Order of Eligibility as a Transmission Service Customer, Docket Number 36701.

The Application: Texas Utility Solutions is registered with the commission as a power marketer in accordance with P.U.C. Substantive Rule §25.105. The issue presented for the commission is whether Texas Utility Solutions is defined to be eligible as a "Transmission service customer" in accordance with PURA §35.004 and P.U.C. Substantive Rule §25.5.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the Commission's Customer Protection Division at (512) 936-7120 or (888) 782-8477. Hearing-and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All correspondence should refer to Docket Number 36701.

TRD-200900697

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 18, 2009

Notice of Application for Amendment to Certificated Service Area Boundary

Notice is given to the public of an application filed on February 13, 2009, with the Public Utility Commission of Texas for an amendment to a certificated service area boundary.

Docket Style and Number: Application of Guadalupe Valley Telephone Cooperative, Inc. to Amend Certificate of Convenience and Necessity to Modify the Service Area Boundaries of the Sabina Exchange (GVTC) and the Boerne Exchange (Verizon). Docket Number 36700.

The Application: The minor boundary amendment is being filed to realign the boundary between the Sabina exchange of GVTC and the Boerne exchange of Verizon. Verizon has provided a letter of concurrence endorsing this proposed change.

Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas by March 9, 2009, 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 36700.

TRD-200900672

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 17, 2009

Notice of Application for Amendment to Service Provider Certificate of Operating Authority

On February 11, 2009, Ohio First Communications, LLC filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60772. Applicant intends to reflect a change in ownership/control.

The Application: Application of Ohio First Communications, LLC for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 36687.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than March 4, 2009. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 36687.

TRD-200900669

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 17, 2009

Notice of Application for Amendment to Service Provider Certificate of Operating Authority

On February 11, 2009, First Communications, Inc., filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60218. Applicant intends to reflect a change in ownership/control.

The Application: Application of First Communications, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 36688.

TRD-200900670

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 17, 2009

Notice of Application for Designation as a Resale Eligible Telecommunications Provider

Notice is given to the public of a petition filed with the Public Utility Commission of Texas on February 11, 2009, for designation as a resale eligible telecommunications provider in the State of Texas to receive funds from the Texas Universal Service Fund for reimbursement of the discounts provided through the Lifeline program, pursuant to Substantive Rule §26.419.

Docket Title and Number: Petition of VoicePaq Prepaid, LLC for Designation as a Resale Eligible Telecommunications Provider. Docket Number 36690.

The Application: VoicePaq Prepaid, LLC seeks ETP designation to become eligible to receive funds from the Texas Universal Service fund for reimbursement of the discounts provided through the Lifeline program.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by March 5, 2009. Requests for further information should be mailed to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or you may call the commission’s Customer Protection Division at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (800) 735-2989 to reach the commission’s toll free number (888) 782-8477. All comments should reference Docket Number 36690.

TRD-200900641

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 13, 2009

Notice of Application for Retail Electric Provider Certification

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on February 9, 2009, for retail electric provider (REP) certification, pursuant to §§39.101 - 39.109 of the Public Utility Regulatory Act (PURA).

Docket Title and Number: Application of True Electric, LLC d/b/a New Century Power for Retail Electric Provider (REP) Certification, Docket Number 36682 before the Public Utility Commission of Texas.

Applicant's requested service area includes the geographic area of the Electric Reliability Council of Texas.

Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than March 2, 2009. 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 36682.

TRD-200900595

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 12, 2009

Notice of Application for Retail Electric Provider Certification

Docket Title and Number: Application of 10K Energy, LLC for Retail Electric Provider (REP) Certification, Docket Number 36685 before the Public Utility Commission of Texas.

Applicant's requested service area is the service area of specific transmission and distribution utilities and/or municipal utilities or electric cooperatives in which competition is offered as follows: Oncor territories, CenterPoint territories, AEP Central and North territories, and Texas-New Mexico Power territories.

Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than March 6, 2009. 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 36685.

TRD-200900597

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 12, 2009

Notice of Application for Waiver of Denial of Request for NXX Code

Notice is given to the public of the filing with the Public Utility Commission of Texas an application on February 13, 2009, for waiver of denial by the Pooling Administrator (PA) of Southwestern Bell Telephone Company d/b/a AT&T Texas' (AT&T Texas) request for assignment of ten thousand-blocks of numbers in the Satsuma rate center.

Docket Title and Number: Petition of Southwestern Bell Telephone Company d/b/a AT&T Texas for Waiver of Denial of Numbering Resources, Docket Number 36702.

The Application: AT&T Texas submitted an application to the PA for the requested blocks in accordance with the current guidelines. The PA denied the request because AT&T Texas did not meet the months-to-exhaust and utilization criteria established by the Federal Communications Commission.

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 4, 2009. Hearing and speech impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 36702.

TRD-200900673

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 17, 2009

Notice of Intent to File LRIC Study Pursuant to P.U.C. Substantive Rule §26.215

Notice is given to the public of the filing on February 9, 2009, 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 §26.215. The Applicant will file the LRIC study on or after February 19, 2009.

Docket Title and Number: Application of Verizon Southwest, Inc. for Approval of LRIC Study for Operator Assistance - Operator Ringback Pursuant to P.U.C. Substantive Rule §26.215, Docket Number 36684.

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 36684. 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 36684.

TRD-200900596

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 12, 2009

The Texas A&M University System

Award Notification

In accordance with the provisions of Texas Government Code, Chapter 2254, The Texas A&M University System has entered into a consulting contract for asbestos consulting services. The consultant will provide asbestos program design and air monitoring services in conjunction with the renovation of the Memorial Student Center on the campus of Texas A&M University located in College Station, Texas.

The Name and Address of Consultant is as follows: Austin Environmental Inc., P.O. Box 3725, Bryan, Texas 77805.

The A&M System will pay an amount of $77,600.00. The contract will begin on February 16, 2009 and shall terminate in eighteen months unless renewed for additonal months up to September 15, 2010.

If any, the consultant will submit documents, films, recordings, or reports compiled by the consultant under the contract to TAMUS, no later than one year after completion of services.

Any questions regarding this posting should be directed to: Don Barwick, HUB and Procurement Manager, Office of HUB and Procurement Programs, The Texas A&M University System, 200 Technology Way, Ste 1273, College Station, Texas 77845, Voice: (979) 458-6410, E-mail: dbarwick@tamu.edu.

TRD-200900598

Don Barwick

HUB and Procurement Manager

The Texas A&M University System

Filed: February 12, 2009

Stephen F. Austin State University

Notice of Consultant Contract Amendment

In compliance with the provisions of Chapter 2254, Subchapter B, Texas Government Code, Stephen F. Austin State University furnishes this notice of amendment of the University's contract with consultant Marsha Jacobson, 3217 Bryan Street, Nacogdoches, Texas 75965. The original contract was in the sum of $28,000 for five years, not to exceed $140,000, with a beginning date of September 11, 2007 and ending date of July 1, 2012. The contract award was published in the October 19, 2007, issue of the Texas Register (32 TexReg 7550). The contract was amended to increase the consultant's time from 56 days each year to approximately 70 days per year for the then remaining four years of the project. This amendment increased the contract cost to $35,000 per year for years two through five for an additional cost of $28,000, which increased the total cost of the contract to $168,000. This amendment was published in the July 4, 2008, issue of the Texas Register (33 TexReg 5425). The contract will be amended to increase the consultant's time from approximately 70 days per year to 76 days per year, for an annual total not to exceed $38,000 including travel. This increases the contract an additional $12,000 per year, for a total of $180,000.

Documents, films, recording, or reports of intangible results may be presented by the outside consultant.

For further information, please contact the Department of Secondary Education and Educational Leadership at (936) 468-2908.

TRD-200900567

R. Yvette Clark

General Counsel

Stephen F. Austin State University

Filed: February 11, 2009