In accordance with §102(d) of the American Recovery and Reinvestment Act of 2009 (Recovery Act), signed into law by President Obama on February 17, 2009, the Commodity Credit Corporation (CCC) will provide block grants to the Texas Department of Agriculture (TDA) to administer a 2008 Aquaculture Grant Program (AGP) to assist aquaculture producers for losses associated with high feed input costs during the 2008 calendar year. TDA is accepting applications until Friday, July 24, 2009, from eligible aquaculture producers in Texas.

Eligibility Criteria. To be eligible for the Texas 2008 Aquaculture Grant Program you must be an aquaculture producer who:

1. raised any aquaculture species in a controlled environment as part of a farming operation;

2. had a risk in the production of such species;

3. produced an aquaculture species for which 2008 feed costs represented at least 25 percent of the producer's total input costs;

4. experienced at least a 25 percent price increase of 2008 feed costs above the previous 5 year state average (2003 - 2007); and

5. has records on file with the USDA Farm Service Agency showing compliance with program adjusted gross income limitations and conservation compliance provisions.

Submitting an Application. Applications are currently being accepted, and must be submitted on the form provided by TDA. Application forms are currently available on TDA's website at www.TexasAgriculture.gov, or available upon request from TDA by calling (512) 463-6695. Applications must be submitted to TDA headquarters in Austin, Texas. If mailing in the application, please make sure it is in a properly addressed envelope, bearing sufficient postage and must be received by Friday, July 24, 2009. Applications must be certified by the applicant, include required supporting documentation, and bear a notarized signature of the aquaculture producer. A producer must complete Section 3 of the application for each species of aquaculture they are applying for.

Payment Calculations. The producer's loss for each aquaculture species will be calculated by subtracting the producer's 2008 average feed price minus the state's five-year average times the producer's total feed deliveries in calendar year 2008. TDA will provide assistance to eligible producers in the form of feed credits. The amount of assistance provided under this program to a farming operation would not be permitted to exceed the smaller of:

1. the amount of loss suffered by the eligible aquaculture producer as result of high feed input costs during the 2008 calendar year, as determined by Texas; or

2. $100,000, except for general partnerships and joint ventures in which case assistance will not exceed $100,000 times the number of members that constitute the general partnership or joint venture.

Deadline for Submission of Applications. Applications are due to TDA by 5:00 p.m. on Friday, July 24, 2009.

Further Information. Additional information about the 2008 Aquaculture Grant Program or the application process can be found on TDA's website at www.TexasAgriculture.gov. In addition, producers may contact Ms. Lindsay Dickens, TDA Grants Specialist, at (512) 463-6695 or Lindsay.Dickens@TexasAgriculture.gov for more information.

TRD-200902780

Dolores Alvarado Hibbs

General Counsel

Texas Department of Agriculture

Filed: July 6, 2009

The Comptroller of Public Accounts (Comptroller) announces the following contract award:

The notice of request for proposals (RFP #191d) was published in the January 16, 2009, issue of the Texas Register (34 TexReg 352).

The contractor will provide professional certified public accounting services to the Comptroller and the Texas Prepaid Higher Education Tuition Board.

The contract was awarded to McConnell & Jones LLC, 3040 Post Oak Boulevard, Suite 1600, Houston, TX 77056. The total amount of the contract is not to exceed $193,238.00. The term of the contract is June 30, 2009 through August 31, 2010, with option to renew for up to three (3) additional one (1) year periods, one (1) year at a time.

TRD-200902733

William Clay Harris

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: July 1, 2009

Pursuant to Chapter 403; Chapter 2254, Subchapter A; and Chapter 2305, §2305.038, Texas Government Code, the Comptroller of Public Accounts (Comptroller), State Energy Conservation Office (SECO) announces its Request for Proposals (RFP #194c) and invites proposals from qualified, interested engineering firms and individuals to provide professional energy engineering services to the Local Government Program (Program). The Comptroller reserves the right to award more than one contract under the RFP. If a contract award is made under the terms of this RFP, Contractor will be expected to begin performance of the contract on or about September 1, 2009, or as soon thereafter as practical.

Contact: Parties interested in submitting a proposal should contact William Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, in the Issuing Office at: 111 E. 17th St., Room 201, Austin, Texas 78774, (512) 305-8673, to obtain a complete copy of the RFP. The Comptroller will mail copies of the RFP only to those parties specifically requesting a copy. The RFP will be available for pick-up at the above referenced address on Friday, July 17, 2009, after 10:00 a.m. Central Zone Time (CZT) and during normal business hours thereafter. The Comptroller will also make the entire RFP available electronically on the Electronic State Business Daily (ESBD) at: http://esbd.cpa.state.tx.us after 10:00 a.m. CZT on Friday, July 17, 2009.

Questions and Non-Mandatory Letters of Intent: All written inquiries, questions, and Non-mandatory Letters of Intent to propose must be received at the above-referenced address not later than 2:00 p.m. CZT on Friday, July 24, 2009. Prospective proposers are encouraged to fax non-mandatory Letters of Intent and Questions to (512) 463-3669 to ensure timely receipt. Non-mandatory Letters of Intent must be addressed to William Clay Harris, Assistant General Counsel, Contracts, and must contain the information as stated in the corresponding section of the RFP and be signed by an official of that entity. On or about Friday, July 31, 2009, the Comptroller expects to post responses to questions on the ESBD. Late Non-mandatory Letters of Intent and Questions will not be considered under any circumstances. Respondents shall be solely responsible for verifying timely receipt of Non-Mandatory Letters of Intent and Questions in the Issuing Office.

Closing Date: Proposals must be delivered in the Issuing Office to the attention of the Assistant General Counsel, Contracts, no later than 2:00 p.m. CZT, on Friday, August 7, 2009. Late Proposals will not be considered under any circumstances. Respondents shall be solely responsible for verifying time receipt of Proposals in the Issuing Office.

Evaluation Criteria: Proposals will be evaluated under the evaluation criteria outlined in the RFP. The Comptroller will make the final decision. The Comptroller reserves the right to accept or reject any or all proposals submitted. The Comptroller is not obligated to execute a contract on the basis of this notice or the distribution of any RFP. The Comptroller shall not pay for any costs incurred by any entity in responding to this Notice or to the RFP.

The anticipated schedule of events pertaining to this solicitation is as follows: Issuance of RFP - July 17, 2009, after 10:00 a.m. CZT; Non-Mandatory Letters of Intent and Questions Due - July 24, 2009, 2:00 p.m. CZT; Official Responses to Questions posted - July 31, 2009; Proposals Due - August 7, 2009, 2:00 p.m. CZT; Contract Execution - September 1, 2009, or as soon thereafter as practical; Commencement of Services - September 1, 2009.

TRD-200902797

William Clay Harris

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: July 8, 2009

The Comptroller of Public Accounts (Comptroller) announces the withdrawal of its Request for Proposals (RFP #191B) for Residential and Low Income Consumer Energy Efficiency Expansion Project for the Texas Housing Partnership Program State Energy Conservation Office.

Issuance Date: The Request for Proposals was published in the May 15, 2009, issue of the Texas Register (34 TexReg 2996).

TRD-200902795

William Clay Harris

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: July 8, 2009

The Texas Board of Professional Engineers is given authority to issue Advisory Opinions under Subchapter M, Chapter 1001 of the Occupations Code (Texas Engineering Practice Act). The Board is required to issue an advisory opinion about interpretations of the Texas Engineering Practice Act in regard to a specific existing or hypothetical factual situation if requested by a person and to respond to that request within 180 days. Pursuant to that requirement, the Board hereby presents the following Draft Policy Advisory Opinion regarding Engineering Aspects of Public Works Facilities Assessments. The Board, upon a written request to issue a Policy Advisory regarding the engineering aspects of public works facilities assessments, has authored a policy advisory based on the Texas Engineering Practice Act. The following Policy Advisory, "Policy Advisory Regarding Engineering Aspects of Public Works Facilities Assessments," is being posted for public comment for a period of thirty (30) days from the date of posting in the Texas Register. The Texas Board of Professional Engineers has not ratified the Policy Advisory as yet. Comments received during the posting period will be considered for inclusion in the final version of the Policy Advisory that will be presented to the Board for ratification during the next regularly scheduled meeting of the Texas Board of Professional Engineers.

Comments should be directed to:

Texas Board of Professional Engineers, 1917 IH 35 South, Austin, Texas 78741, Attention: Policy Advisory Staff, Or by e-mail to: peboard@tbpe.state.tx.us

Background: This policy advisory request is based on the submitter's review of several Requests for Proposals (RFPs) that included the requirement of cost data on engineering services that were associated with public works projects. The examples submitted had key phrases such as "assessment shall capture...structural, mechanical and electrical conditions..." and "estimate repairs...major structural, major mechanical, etc." The Texas Board of Professional Engineers (Board) agrees that these example activities are considered engineering.

Research: A simple internet search of the phrase "facility assessment" revealed a large variety of consultants and completed assessment projects. Projects varied widely in scope and included everything from information technology projects (internet and phone capability), public usability (does facility perform intended function) to full engineering assessments of structural, mechanical and electrical systems. Consultants included urban planning firms, engineering firms, and public research and demographics firms. Given the wide variety of projects, both engineering and non-engineering, possible under the "facilities assessment" title, it will be necessary to consider each facility assessment project individually for engineering components that would require qualification based consultant selection.

Engineering Aspects: Facility assessment projects that include any component of engineering and are public works projects must be procured with a qualification based selection process as prescribed in §2254.004 of the Texas Government Code. Engineering services include but are not limited to:

(1) Engineering assessment of the structural integrity or soundness of a building or other structure.

(2) Engineering assessment of the structural integrity of a building foundation and underlying supporting soil.

(3) Engineering assessment of building mechanical and electrical systems.

(4) Engineering assessment of building roof internal drain systems.

Examples of assessments that would not require the services of a professional engineer include:

(1) Assessment of historical significance of structure or facility.

(2) Assessment of building or property's highest and best use.

(3) Assessment of information technology systems in building (telephone and/or internet capacity).

TRD-200902746

Dale Beebe Farrow, P.E.

Executive Director

Texas Board of Professional Engineers

Filed: July 3, 2009

The Texas Board of Professional Engineers is given authority to issue Advisory Opinions under Subchapter M, Chapter 1001 of the Occupations Code (Texas Engineering Practice Act). The Board is required to issue an advisory opinion about interpretations of the Texas Engineering Practice Act in regard to a specific existing or hypothetical factual situation if requested by a person and to respond to that request within 180 days. Pursuant to that requirement, the Board hereby presents the following Draft Policy Advisory Opinion regarding Procurement of Engineering Services by General Construction Contractors for Governmental Public Works Projects. The Board, upon a written request to issue a Policy Advisory regarding the procurement of engineering services by general construction contractors for governmental public works projects, has authored a policy advisory based on the Texas Engineering Practice Act. The following Policy Advisory, "Policy Advisory Regarding Procurement of Engineering Services by General Construction Contractors for Governmental Public Works Projects," is being posted here for public comment for a period of thirty (30) days from the date of posting in the Texas Register. The Texas Board of Professional Engineers has not ratified the Policy Advisory as yet. Comments received during the posting period will be considered for inclusion in the final version of the Policy Advisory that will be presented to the Board for ratification during the next regularly scheduled meeting of the Texas Board of Professional Engineers.

Comments should be directed to:

Texas Board of Professional Engineers, 1917 IH 35 South, Austin, Texas 78741, Attention: Policy Advisory Staff, Or by e-mail to: peboard@tbpe.state.tx.us

Definitions:

Project Professional Engineer--Engineer(s) or engineering firms retained by a governmental entity to perform engineering services for a specific public works project.

General Construction Contractor--Private entity retained by a governmental entity to construct a public works project designed by the Project Professional Engineer.

Other Professional Engineers--Engineer(s) or engineering firms which may be retained by the General Construction Contractor or his subcontractors or vendors to fulfill engineering requirements of the project during the construction phase.

Background: The Dallas-Ft. Worth International Airport Board (DFWIAB) has requested clarification on the Texas Board of Professional Engineers' (Board) interpretation of the Professional Services Procurement Act (PSPA) requirements contained in the Texas Engineering Practice Act (Act). In the course of complex public works projects, the need often arises for Other Professional Engineers to be engaged to perform tasks unforeseen by the Project Professional Engineers or tasks not authorized to be performed by the Project Professional Engineers since they would involve dictating the General Construction Contractor's means and methods of construction. Examples of such engineering tasks include but are not limited to:

(1) Trench safety plans.

(2) Traffic control plans.

(3) Temporary construction structures (crane foundations, for example).

Applicable Board Rules from the Act are 22 TAC §137.53 (relating to Engineer Standards of Compliance with Professional Services Procurement Act) and 22 TAC §137.79 (relating to Standards for Compliance with Professional Services Procurement Act).

Analysis of Board Rules, Texas Administrative Code, Title 22, Part 6, Chapter 137: A reading of Board Rule §137.53 reveals that no language exists specific to the selection of Other Professional Engineers that may be required during the construction phase of the project and that would be selected by a General Construction Contractor. Section 137.53 is specific, however, in that all professional engineers must not divulge cost information prior to being selected solely on their qualifications. The rule also requires licensed professional engineers to report to the Board any instance where a governmental entity and/or their representative requests cost information prior to the qualification based selection phase. The board would interpret a General Construction Contractor to be a representative of the governmental entity. Similarly, Board Rule §137.79 requires that governmental entities or their representatives use qualification based selection processes.

Process: If professional engineering services are required during the course of the project, the public entity or the General Construction Contractor must use qualification based selection to procure all engineering services regardless of when the services are required. The following language is used by the DFWIAB in their contract documents to communicate this requirement to their contractors and representatives:

Ancillary/Integral Professional Services: In selecting an architect, engineer or land surveyor, etc., to provide professional services, if any, that are required by the specifications, bidder shall not do so on the basis of competitive bids but shall make such selection on the basis of demonstrated competence and qualifications to perform the services in the manner provided by §2254.004 of the Texas Government Code and so shall certify to the Board (DFWIAB) with its bid.

The above contract language covers instances where a General Construction Contractor's means and methods would trigger the requirement for Other Professional Engineering services that were not performed by the Project Professional Engineers. Examples include traffic control plans for contractor controlled disruptions of normal traffic, or instances where Other Professional Engineering services would be sought to build a temporary crane foundation. The General Construction Contractor would use a qualification based selection process to select Other Professional Engineers and would certify in writing to the governmental entity that the QBS process was followed and no pricing or costing data was used in the process.

Limitations: The QBS process performed by General Construction Contractors described in this policy advisory is intended only for those limited instances where:

(1) Engineering decisions or designs performed by the governmental entity's Project Professional Engineer would interfere with the contractor's means and methods of construction or

(2) Unforeseen construction issues necessitate the services of Other Professional Engineers in the course of the project.

TRD-200902747

Dale Beebe Farrow, P.E.

Executive Director

Texas Board of Professional Engineers

Filed: July 3, 2009

The Texas Commission on Environmental Quality (TCEQ), under 30 Texas Administrative Code (TAC) Chapter 116, requests public comment concerning a proposed amendment to the List of De Minimis Facilities or Sources authorized by 30 TAC §116.119.

The TCEQ is proposing to amend the List of De Minimis Facilities or Sources by adding the following:

"Application of argon, ethane, helium, hydrogen, methane, neon, nitrogen, and propane for testing, purging, and leak checking of equipment."

The TCEQ is also proposing to clarify the List of De Minimis Facilities or Sources by making several administrative revisions including renaming the Domestic category, removing the duplicate listing of comfort heating and cooling facilities, and clarifying aerosol propellant usage.

Section 116.119(c)(1) allows for amendments to the List of De Minimis Facilities or Sources by the executive director for facilities or sources considered to be de minimis. If added to the List of De Minimis Facilities or Sources, the specified facilities or sources are no longer required to obtain authorization from the TCEQ prior to construction. The Air Permits Division and Toxicology Division of TCEQ have evaluated the potential impacts of the proposed de minimis facilities or sources from previous case-by-case reviews and determined that the emissions from these inert gases pose little risk to human health or the environment. The TCEQ has determined there would be no impact to public health or the environment by adding these activities to the List of De Minimis Facilities or Sources. Therefore, the previous facilities or sources are proposed to be de minimis facilities or sources.

The addition or deletion of a category of facilities, sources, or groups of facilities or sources to the List of De Minimis Facilities or Sources is subject to the procedural requirements of 30 TAC §116.119, which includes a 30-day public comment period. The List of De Minimis Facilities and Sources is located on the TCEQ Web site at: http://www.tceq.state.tx.us/permitting/air/guidance/newsourcereview/list-of-de-minimis-facilities.html. Any interested or affected person has the opportunity to provide written comments pertaining to the addition or deletion of a category of facilities, sources, or groups of facilities or sources to the List of De Minimis Facilities or Sources.

Comments may be mailed to Lori Wilson, Texas Commission on Environmental Quality, Office of Permitting and Registration, Air Permits Division, MC 163, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-1070. All comments must be received by 5:00 p.m., August 17, 2009. To inquire about the technical review of the de minimis request, contact Ms. Wilson at (512) 239-1635.

TRD-200902787

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: July 7, 2009

The following notices were issued during the period of June 24, 2009 through July 1, 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

TEXAS DEPARTMENT OF CRIMINAL JUSTICE has applied for a renewal of TPDES Permit No. WQ0011475003, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 750,000 gallons per day. The facility is located within the Beauford H. Jester State Prison Farm property, approximately 8,000 feet north of the intersection of U.S. Highway 90A and Harlem Road, approximately 5.0 miles west of Sugar Land in Fort Bend County, Texas 77342.

FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO 151 has applied for a minor amendment to the Texas Pollutant Discharge Elimination System (TPDES) permit WQ0014528001 to authorize an increase in the daily average flow of the interim I phase from 200,000 gallons per day to 400,000 gallons per day, and an increase in the interim II phase from 400,000 gallons per day to 600,000 gallons per day. The existing permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 900,000 gallons per day.

CITY OF CONROE has applied for a renewal of TPDES Permit No. WQ0010008002, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 10,000,000 gallons per day. The facility is located immediately north of the confluence of Lake Creek with the San Jacinto River, at the end of Sgt. Ed Holcomb Blvd. South, approximately 2.5 miles west of Interstate Highway 45 and approximately 2.5 miles south of Farm-to Market-Road 2854 in Montgomery County, Texas.

TEXAS AGRILIFE EXTENSION SERVICE has applied for a renewal of TCEQ Permit No. WQ0011664001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 18,000 gallons per day via surface irrigation of 6.47 acres of public access land. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located south of Lake Brownwood and north of Farm-to-Market Road 3021, approximately 1.25 miles east-northeast of the intersection of State Highway 279 and Farm-to-Market Road 3021 in Brown County, Texas.

EL PASO COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO 4, has applied for a renewal of TPDES Permit No. WQ0010166001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,200,000 gallons per day. The facility is located approximately 8,000 feet southeast of the intersection of State Highway No. 20 and 76 near the town of Fabens in El Paso County, Texas.

BRAZOS VALLEY ENERGY LP AND CALPINE OPERATING SERVICES COMPANY INC which operate the Brazos Valley Energy Electric Generating facility, has applied for a major amendment to TPDES Permit No. WQ0004258000 to remove Other Requirements, item No. 11, establish chlorine limits at Outfall 001, eliminate internal Outfall 101, reduce the daily average flow rate from 5 MGD to 1.5 MGD and the daily maximum flow rate from 10 MGD to 3 MGD at Outfall 001 for phase I, reduce the daily average flow rate from 10 MGD to 3 MGD and the daily maximum flow rate from 16 MGD to 6 MGD. The current permit authorizes the discharge of cooling tower blowdown and low volume wastewater at a daily average flow not to exceed 5,000,000 gallons per day via Outfall 001 during phase I, and cooling tower blowdown and low volume wastewater at a daily average flow not to exceed 10,000,000 gallons per day via Outfall 001 during phase II. The facility is located at the intersection of Rabbs Prairie Road, Smithers Lake Road, and Lockwood Road, approximately two miles southwest of the City of Thompson, Fort Bend County, Texas 77469.

CONOCOPHILLIPS COMPANY which operates Freeport Terminal I, a facility that engages in marine loading/unloading and temporary storage of crude oil and petroleum products and the Jones Creek Terminal, a temporary crude oil storage facility, has applied for a renewal of TPDES Permit No.WQ0001852000, which authorizes the discharge of storm water on an intermittent and variable basis via Outfalls 001, 004, 005, and 009.

HEWLETT PACKARD COMPANY which proposes to operate Hewlett Packard Data Center, an office building, has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0004879000 to authorize the discharge of cooling tower blowdown and condensate from cooling coils at a daily average flow not to exceed 150,000 gallons per day via Outfall 001. The facility is located at 28401 Betka Road, approximately 4,500 feet southwest of the intersection of U.S. Highway 290 and Kermier Road, Harris County, Texas.

CITY OF PEARLAND has applied for a renewal of TPDES Permit No. WQ0010134010, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,500,000 gallons per day. At the request of the applicant, the 2,000,000 gallons per day final phase at the Outfall 002 was removed from the draft permit. The facility is located on Dixie Farm Road, approximately 2.8 miles southwest of the Interstate Highway 45 and Dixie Farm Road interchange in Brazoria and Harris County, Texas.

CITY OF LITTLEFIELD has applied for a renewal of TCEQ Permit No. WQ0010207002, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 1,500,000 gallons per day via surface irrigation of 476 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 is located on the north side of Farm-to-Market Road 54 and approximately 1.4 miles east-northeast of the intersection of U.S. Highway 385 and Farm-to-Market Road 54 in Lamb County, Texas. The disposal site is located south of County Road 272 and approximately 1.5 miles east of the intersection of U.S. Highway 385 and County Road 272, approximately 2.6 miles southeast of the intersection of U.S. Highway 385 and Farm-to-Market Road 2197 in Lamb County, Texas. The wastewater treatment facility and disposal site are located in the drainage basin of Double Mountain Fork Brazos River Basin in Segment No. 1241 of the Brazos River Basin.

CITY OF CROSS PLAINS has applied for a major amendment to TCEQ Permit No. WQ0010434001, to authorize a change in the method of effluent disposal from discharge to a receiving body of water to surface irrigation of 79 acres of non-public access agricultural land at the currently permitted daily average flow not to exceed 87,500 gallons per day. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located approximately 2,500 feet west of State Highway 279 and 4,000 feet south of State Highway 36 in Callahan County, Texas.

CITY OF EDMONSON has applied for a renewal of Permit No. WQ0013611001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 20,000 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 2,000 feet south and 3,700 feet west of the intersection of State Highway 194 and Farm-to-Market Road 1424 in Hale County, Texas.

GRANITE STONEBRIDGE HEALTH CENTER LLC has applied for a renewal of TCEQ Permit No. WQ0013860001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 10,000 gallons per day via subsurface drip irrigation with a minimum area of 69,400 square feet. This permit will not authorize a discharge of pollutants into waters in the State. TCEQ received this application on February 5, 2009. The wastewater treatment facility and disposal site are located at 11127 Circle Drive, approximately 1,200 feet northeast of the intersection of U.S. Highway 290 and Circle Drive, approximately 5.0 miles west of the intersection of U.S. Highway 290 and State Highway 71 in Travis County, Texas.

LOWER COLORADO RIVER AUTHORITY has applied for a renewal of TPDES Permit No. WQ0013977001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 50,000 gallons per day. The facility is located approximately 1,000 feet north of State Highway 71 at a point 11,500 feet northwest (along State Highway 71) of the intersection of State Highway 71 and Farm-to-Market Road 1209 in Bastrop County, Texas 78612.

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-200902800

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: July 8, 2009

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on August 3, 2009, at 9:00 a.m. to receive public comment on proposed rates for the Nursing Facility program operated by the Texas Department of Aging and Disability Services (DADS).

The hearing will be held in compliance with Human Resources Code §32.0282 and Texas Administrative Code (TAC) Title 1, §355.105(g), which require public notice and hearings on proposed Medicaid reimbursements. The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. Persons requiring Americans with Disability Act (ADA) accommodation or auxiliary aids or services should contact Meisha Scott by calling (512) 491-1445, at least 72 hours prior to the hearing so appropriate arrangements can be made.

Proposal. HHSC proposes to adjust rates for nursing facility services for all providers under the Nursing Facility program. The proposed rates were determined in accordance with the rate setting methodologies listed below under "Methodology and Justification." The proposed payment rates for the Nursing Facility program, which will be effective September 1, 2009, are as follows.

Base Rates by RUG (Resource Utilization Group) class:

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on August 3, 2009, at 1:30 p.m. to receive public comment on proposed rate adjustments for the non-state operated Intermediate Care Facilities for Persons with Mental Retardation (ICF/MR). The ICF/MR program is operated by the Texas Department of Aging and Disability Services (DADS). The hearing will be held in compliance with Human Resources Code §32.0282 and Texas Administrative Code (TAC) Title 1, §355.105(g), which require public notice and hearings on proposed Medicaid reimbursements. The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. Persons requiring Americans with Disability Act (ADA) accommodation or auxiliary aids or services should contact Meisha Scott by calling (512) 491-1445, at least 72 hours prior to the hearing so appropriate arrangements can be made.

Proposal. HHSC proposes to adjust rates for non-state operated ICF/MRs. The proposed payment rates will be effective September 1, 2009, and were determined in accordance with the rate setting methodologies listed below under "Methodology and Justification".

Methodology and Justification. The proposed rates were determined in accordance with the rate setting methodology codified at Texas Administrative Code (TAC) Title 1, Chapter 355, Subchapter D, §355.456, Rate Setting Methodology. These rates were subsequently adjusted in accordance with 1 TAC Chapter 355, Subchapter A, §355.101 (relating to Introduction) and §355.109 (relating to Adjusting Reimbursement When New Legislation, Regulations or Economic Factors Affect Costs). These changes are being made in accordance with the 2010-11 General Appropriations Act (Article II, S.B. 1, 81st Legislature, Regular Session, 2009), which appropriated $4.5 million general revenue funds for the State Fiscal Year 2008-2009 biennium for Medicaid rate increases for the DADS' ICF/MR program.

Briefing Package. A briefing package describing the proposed payment rates will be available on or after July 20, 2009. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Meisha Scott by telephone at (512) 491-1445; by fax at (512) 491-1998; or by e-mail at meisha.scott@hhsc.state.tx.us. The briefing package also will be available at the public hearing.

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

TRD-200902779

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: July 6, 2009

The Texas Health and Human Services Commission (HHSC) intends to submit to the Centers for Medicare and Medicaid Services a request to renew the waiver for the reimbursement methodology for a Primary Care Case Management (PCCM) program under the authority of §1915(b) of the Social Security Act. The current waiver will expire December 31, 2009. The proposed effective date for the renewal is January 1, 2010.

The waiver renewal allows a reimbursement methodology that would permit the Texas Medicaid claims administrator to continue negotiating PCCM hospital contracts and discount rates with non-TEFRA (Tax Equity Fiscal Responsibility Act) hospitals. To date, a total of 390 PCCM hospitals are contracted throughout the state. HHSC has the oversight authority to approve the final negotiated contracts and rates.

HHSC will request that the waiver renewal be approved for an additional two-year period beginning January 1, 2010, and extending through December 31, 2011. When compared to the costs of serving individuals in ICFs-MR, this waiver maintains cost neutrality for waiver years 2010 through 2011.

To obtain copies of the proposed waiver, interested parties may contact Christine Longoria by mail at Texas Health and Human Services Commission, P.O. Box 85200, mail code H-600, Austin, Texas 78708-5200, by phone at (512) 491-1152, by fax at (512) 491-1953, or by e-mail at christine.longoria@hhsc.state.tx.us.

TRD-200902730

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: July 1, 2009

Hearing. The Texas Health and Human Services Commission is revising the notice published in the Texas Register on July 10, 2009, pertaining to the public hearing which was to be held on July 24, 2009, at 2:30 p.m. to receive public comment on proposed rates for the Home and Community-based Services (HCS), Texas Home Living (TxHmL) and Consolidated Waiver (CWP) waiver programs. The HCS, TxHmL and CWP programs are operated by the Texas Department of Aging and Disability Services (DADS).

The public hearing is being cancelled at this time and will be rescheduled at a later date.

TRD-200902805

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: July 8, 2009

This amendment was signed by the Commissioner of Health on July 2, 2009, and will become effective 21 days after date of publication of this notice in the Texas Register.

Senate Bill 904, passed by the 81st Texas Legislature amends Health and Safety Code, Chapter 481, the Texas Controlled Substances Act (CSA), adding new §481.037, which places carisoprodol into Schedule IV of the CSA. This notice of amendment documents the addition of carisoprodol to Schedule IV.

The Deputy Administrator of the Drug Enforcement Administration (DEA) placed the substance tapentadol into Schedule II of the United States Controlled Substance Act (USCSA) and lacosamide [(R )-2-acetoamido-N-benzyl-3-methoxy-propionamide] into Schedule V of the USCA effective June 22, 2009. This final rule was published in the Federal Register, Volume 74, Number 97, pages 23789 - 23793. The Deputy Administrator of the DEA based these actions on the following:

(1) Tapentadol has a high potential for abuse;

(2) Tapentadol has a currently accepted medical use in treatment in the United States; and

(3) Abuse of tapentadol may lead to severe psychological or physical dependence.

(4) Lacosamide has a low potential for abuse relative to the dugs or other substances in Schedule IV;

(5) Lacosamide has a currently accepted medical use in treatment in the United States; and

(6) Abuse of lacosamide may lead to limited physical dependence or psychological dependence relative to the drugs or other substances in Schedule IV.

Pursuant to §481.034(g), as amended by the 75th legislature, of the Texas Controlled Substances Act, Health and Safety Code, Chapter 481, at least thirty-one days have expired since notice of the above referenced action was published in the Federal Register; and, David L. Lakey, M.D., Commissioner of the Texas Department of State Health Services, does hereby order that the substance tapentadol be added to Schedule II and lacosamide [(R )-2-acetoamido-N-benzyl-3-methoxy-propionamide] be added to Schedule V of the Texas Controlled Substances Act. Additionally, carisoprodol is added to Schedule IV to reflect the enactment of §481.037 of the Texas Health and Safety Code. Schedule II, Schedule IV and Schedule V of the Texas Controlled Substances Act are hereby amended to read as follows:

SCHEDULE II

Schedule II consists of:

Schedule II substances, vegetable origin or chemical synthesis * * *

Opiates

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

(1) Alfentanil;

(2) Alphaprodine;

(3) Anileridine;

(4) Bezitramide;

(5) Carfentanil;

(6) Dextropropoxyphene, bulk (nondosage form);

(7) Dihydrocodeine;

(8) Diphenoxylate;

(9) Fentanyl;

(10) Isomethadone;

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

(12) Levomethorphan;

(13) Levorphanol;

(14) Metazocine;

(15) Methadone;

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

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

(18) Pethidine (meperidine);

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

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

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

(22) Phenazocine;

(23) Piminodine;

(24) Racemethorphan;

(25) Racemorphan;

(26) Remifentanil; and

(27) Sufentanil.

(28) Tapentadol*

Schedule II stimulants * * *

Schedule II depressants * * *

Schedule II hallucinogenic substances * * *

SCHEDULE IV

Schedule IV consists of:

Schedule IV depressants * * *

Schedule IV stimulants * * *

Schedule IV narcotics * * *

Schedule IV other substances

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

(1) Butorphanol, including its optical isomers; and

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

(3) Carisoprodol*

SCHEDULE V

Schedule V consists of:

Schedule V narcotics containing non-narcotic active medicinal ingredients * * *

Schedule V stimulants * * *

Schedule V depressants

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

(1) Lacosamide [(R)-2-acetoamido-N -benzyl-3-methoxy-propionamide]*

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

Changes to the Schedules are designated by a single asterisk (*)

TRD-200902766

Lisa Hernandez

General Counsel

Department of State Health Services

Filed: July 3, 2009

The Federal Community Mental Health Block Grant statute (42 USC 300x-51) requires that the Department of State Health Services (DSHS) make the Texas Community Mental Health Services State Plan available for public comment during its development.

DSHS is currently preparing the plan for Fiscal Year (FY) 2010 to describe the intended use of the Federal Community Mental Health Block Grant funds. These funds must be utilized by DSHS to develop new initiatives and/or enhance already existing service delivery systems for adults with severe mental illness and children with serious emotional disturbance.

The draft of the FY 2010 Texas Community Mental Health Services State Plan, when available on or about July 15, 2009, may be obtained on the DSHS website http://www.dshs.state.tx.us/mhsa/mhbg; or by contacting Mary Sowder at Operation Services, Community Mental Health and Substance Abuse Section, Department of State Health Services, Mail Code 2053, P.O. Box 149347, Austin, Texas 78714-9347, telephone (512) 206-5814.

Comments regarding the FY 2010 Texas Community Mental Health Services State Plan should be directed to MHBG@dshs.state.tx.us; or Mary Sowder, Operation Services, Community Mental Health and Substance Abuse Section, Department of State Health Services, Mail Code: 2053, P.O. Box 149347, Austin, Texas 78714-9347.

Comments must be received by 5:00 p.m. Central Daylight Saving Time, Friday, August 14, 2009.

TRD-200902798

Lisa Hernandez

General Counsel

Department of State Health Services

Filed: July 8, 2009

Federal statutes (42 USC 300x-21-64) governing the Substance Abuse Prevention and Treatment Block Grant (SAPTBG) include provisions that require the state to provide an annual report of current service activities and make available for public comment a description of the intended use of block grant funds in advance of each federal fiscal year.

The funds made available through the SAPTBG are to be used for maintaining and enhancing a quality statewide substance abuse service system and highlighting priority issues related to federally funded substance abuse prevention and treatment services statewide. When the SAPTBG Intended Use Plan is available on or about August 11, 2009, it can be obtained on the Department of State Health Services (DSHS) website http://www.dshs.state.tx.us/mhsa/sabg; or by contacting Mary Sowder at Operation Services, Community Mental Health and Substance Abuse Section, Department of State Health Services, Mail Code: 2053, P.O. Box 149347, Austin, Texas 78714-9347, telephone (512) 206-5814.

Public comments received by DSHS will be considered in the preparation and development of the FY 2010 Continuation Application.

Comments regarding the FY 2010 SAPTBG and the Intended Use Plan should be directed to: SAPTBG@dshs.state.tx.us; or Mary Sowder, Operation Services, Community Mental Health and Substance Abuse Section, Department of State Health Services, Mail Code 2053, P.O. Box 149347, Austin, Texas 78714-9347.

Comments must be received by 5:00 p.m. Central Daylight Saving Time, Friday, September 11, 2009.

TRD-200902799

Lisa Hernandez

General Counsel

Department of State Health Services

Filed: July 8, 2009

The Texas Department of Licensing and Regulation (Department) announces vacancies on the Texas Tax Professional Advisory Committee established by Texas Occupations Code, Chapter 1151. The purpose of the Texas Tax Professional Advisory Committee (Committee) is to recommend to the Texas Commission on Licensing and Regulation (Commission) rules and standards regarding technical issues relating to tax professionals; provide advice to the Commission regarding continuing education courses and curricula for registrants; provide advice to the Commission regarding the contents of any examination required by the Commission under this Chapter1151; and educate, and respond to questions from, the Commission and the Department regarding issues affecting tax professionals.

The Committee is composed of seven members appointed by the presiding officer of the Commission, with the Commission's approval. The advisory board consists of the following members: two members who are certified under this chapter as registered professional appraisers; two members who are certified under this chapter as registered Texas collectors or registered Texas assessors; and three members who represent the public. A person may not be a public member of the committee if the person or the person's spouse: is registered, certified, or licensed by a regulatory agency in the field of property tax appraisal, assessment, or collection; is employed by or participates in the management of a business entity or other organization regulated by or receiving money from the department; owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving money from the department; uses or receives a substantial amount of tangible goods, services, or money from the department other than compensation or reimbursement authorized by law for committee membership, attendance, or expenses; or at any time has served on an appraisal review board. A person may not be a member of the committee if: the person is an officer, employee, or paid consultant of a Texas trade association in the field of property tax appraisal, assessment, or collection; or the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of property tax appraisal, assessment, or collection. A person may not be a member of the committee if the person or the person's spouse is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the Committee or the Department. Members serve terms of six years, with the terms of one or two members expiring on March 1 of each odd-numbered year. This announcement is for the seven aforementioned positions.

Interested persons should request an application from the Texas Department of Licensing and Regulation by telephone (512) 475-4765, FAX (512) 475-2874 or Email advisory.boards@license.state.tx.us. Applications may also be downloaded from the Department website at: www.license.state.tx.us. Applicants may be asked to appear for an interview; however, any required travel for an interview would be at the applicant's expense.

TRD-200902812

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: July 8, 2009

The Texas Department of Licensing and Regulation (Department) announces vacancies on the Used Automotive Parts Recycling Advisory Board (Board) established by Texas Occupations Code, Chapter 2309. The purpose of the Used Automotive Parts Recycling Advisory Board is to provide advice and recommendations to the Texas Commission of Licensing and Regulation (Commission) and the Department on: technical matters relevant to the administration and enforcement of Chapter 2309, including licensing standards.

The Board is composed of five members appointed by the presiding officer of the Commission, with the Commission's approval. The advisory board consists of the following members: four members who represent used automotive parts businesses owned by domestic entities, as defined by §1.002, Business Organizations Code, one member who represents a used automotive parts business owned by a foreign entity, as defined by §1.002, Business Organizations Code; and may not include more than one member from any one used automotive parts business entity. Members serve terms of six years, with the terms of one or two members expiring on February 1 of each odd-numbered year. This announcement is for the five positions listed above.

Interested persons should request an application from the Texas Department of Licensing and Regulation by telephone (512) 475-4765, FAX (512) 475-2874 or Email advisory.boards@license.state.tx.us. Applications may also be downloaded from the Department website at: www.license.state.tx.us. Applicants may be asked to appear for an interview; however, any required travel for an interview would be at the applicant's expense.

TRD-200902811

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: July 8, 2009

1.0 Name and Style of Game.

A. The name of Instant Game No. 1210 is "LUCKY SLOTS". The play style is "slots-straight line".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1210 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 1210.

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, ORANGE SYMBOL, MELON SYMBOL, BANANA SYMBOL, STAR SYMBOL, LEMON SYMBOL, BELL SYMBOL, HORSE SHOE SYMBOL, CLOVER SYMBOL, GOLD BAR SYMBOL, SEVEN SYMBOL, WISHBONE SYMBOL, CROWN SYMBOL, DIAMOND SYMBOL, CHERRY SYMBOL, $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $40.00, $100 and $1,000.

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

1.0 Name and Style of Game.

A. The name of Instant Game No. 1212 is "$50,000 CASH". The play style is "key number match with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1212 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 1212.

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

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

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, DOLLAR BILL SYMBOL, MONEYBAG SYMBOL, $5.00, $10.00, $15.00, $20.00, $25.00, $40.00, $50.00, $100, $500, $1,000 and $50,000.

The Panhandle Regional Planning Commission (PRPC) is seeking proposals for a leased facility to house the Workforce Solutions Panhandle office in Hereford, Texas. The space should offer at least 3,000 square feet of contiguous space that can be appropriately configured for business/professional use. The office is currently located at 121 West Park Avenue.

A copy of the Request for Proposals can be obtained by contacting Leslie Hardin, PRPC's Workforce Development Facilities Coordinator, at (806) 372-3381 or lhardin@theprpc.org. Proposals must be received at PRPC by 3:00 p.m. on August 3, 2009.

TRD-200902771

Leslie Hardin

Training and Support Coordinator, Workforce Development Facilities

Panhandle Regional Planning Commission

Filed: July 6, 2009

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on July 6, 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 one thousand-block of numbers on behalf of its customer, the H.E.B. Grocery Company in the 254 NPA, in the Temple 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 37186.

The Application: AT&T Texas submitted an application to the PA for the requested NPA/NXX 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 July 22, 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 37186.

TRD-200902793

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: July 7, 2009

Notice is given to the public of a petition for declaratory order filed with the Public Utility Commission of Texas on July 1, 2009.

Docket Style and Number: Petition for Declaratory Order of Southwestern Public Service Company Regarding the Generation Demand Charge as a Cap On Compensation for Interruptible Resources, Docket Number 37173.

The Application: Southwestern Public Service Company (SPS) filed a petition for declaratory order regarding the generation demand charge as a cap on compensation for interruptible resources. SPS stated that this petition results from an unopposed settlement reached by the parties in Application of Southwestern Public Service Company to (1) Revise its Interruptible Credit Option Tariff; (2) Implement a New Saver's Switch Tariff; and (3) Related Relief, Docket Number 35668, SOAH Docket Number 473-08-3859, Order (November 24, 2008), which allowed SPS to increase the credits it pays to interruptible customers and make other changes to its Interruptible Credit Option (ICO) tariff, which is a program for acquiring interruptible capacity from large commercial and industrial customers.

SPS seeks a declaratory order finding (1) that SPS may compensate customers for interruptible capacity consistent with an assessment of the value of that capacity based on avoided costs; (2) that SPS is not required to cap the compensation paid to customers for interruptible resources at the level of the customer's generation demand charge; and (3) that SPS may pay credits that are above the generation portion of the demand charge to customers participating in its ICO tariff.

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 37173.

TRD-200902782

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: July 6, 2009

The staff of the Public Utility Commission of Texas (commission) will hold a workshop regarding the cable and video service provider study required by Texas Senate Bill (SB) 1, 81st Legislature, R.S. (2009), Rider 10 (Study) on Wednesday, July 22, 2009, at 9:00 a.m. in the Commissioner's Hearing Room, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 37172, Study Concerning Cable and Video Providers Mandated by Texas Legislature, has been established for this proceeding. The Commission asks attendees to come prepared to discuss the following questions relative to the Study.

1. What level of data is necessary to properly conduct the Study (i.e., zip code, census block, census tract, etc.)?

2. How should this data be collected or obtained (i.e., Staff-issued data requests, etc.)?

3. What are the possible sources of this data (i.e., cable and video service providers, municipalities, etc.)?

4. What format should be used to present the Study the Legislature (i.e., a spreadsheet, a map, a combination of both)?

Questions concerning the workshop or this notice should be referred to Susan E. Goodson, Attorney, Legal Division, (512) 936-7292. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200902792

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: July 7, 2009

Texas State Technical College System (TSTC) is requesting proposals for financial advisory services for a local revenue bond issue. The deadline for proposal submission is 1:00 p.m., July 24, 2009.

TSTC's Board of Directors (the "Board") will make its selection based upon demonstrated competence and qualifications. Firms responding to the Request for Proposal must maintain a Texas office staffed with personnel who are responsible for providing financial advisor services to TSTC. All things being equal, the Board will give first consideration to firms headquartered in Texas. By the Request for Proposal, however, the Board has not committed itself to employ a financial advisor nor does the suggested scope of service or term of agreement therein require that the financial advisor be employed for any or all of those purposes. The Board reserves the right to make those decisions after receipt of proposals and the Board's decision on these matters is final. The Board reserves the right to negotiate individual elements of the Firm's proposal and to reject any and all proposals.

Copies of the Request for Proposal may be obtained from Electronic State Business Daily website at http://esbd.cpa.state.tx.us.

TRD-200902737

J. Gary Hendricks

Vice Chancellor for Financial and Administrative Services

Texas State Technical College System

Filed: July 1, 2009