The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075 this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is July 6, 2009. The commission will consider any written comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

Copies of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on July 6, 2009. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the DOs shall be submitted to the commission in writing.

(1) COMPANY: Bosque Basin Water Supply Corporation; DOCKET NUMBER: 2008-1593-PWS-E; TCEQ ID NUMBER: RN101213544; LOCATION: 352 Oak Street, China Spring, McLennan County; TYPE OF FACILITY: public water supply facility; RULES VIOLATED: 30 TAC §290.41(c)(1)(F) and TCEQ Agreed Order Docket Number 2006-0075-MLM-E, Ordering Provision 2.a.iii, by failing to keep on file and make available for commission review documentation of a sanitary control easement for Well Number 1; 30 TAC §290.41(c)(3)(J), by failing to provide a concrete sealing block that extends at least three feet in all directions from the well casing; 30 TAC §290.43(c)(4), by failing to provide a pressure gauge calibrated in feet of water for the ground storage tanks; 30 TAC §290.46(f)(2) and (3)(A)(iv), by failing to provide facility records to commission personnel at the time of the investigation; 30 TAC §290.44(h)(1)(A), by failing to install a backflow prevention assembly or an air gap at all residences and establishments where an actual or potential contamination hazard exists; 30 TAC §290.46(m)(1)(B), by failing to conduct an inspection of the interior of the pressure tank at least once every five years; 30 TAC §290.42(l), by failing to maintain an up-to-date plant operations manual for operator review and reference; 30 TAC §290.46(e)(4)(A) and Texas Health and Safety Code (THSC), §341.033(a), by failing to operate the facility under the direct supervision of a water works operator who holds a Class "D" or higher license; 30 TAC §290.46(s)(1), by failing to calibrate the facility's two well meters at least once every three years; and 30 TAC §290.46(n)(3), by failing to provide copies of well completion data; PENALTY: $1,573; STAFF ATTORNEY: Xavier Guerra, Litigation Division, MC R-13, (210) 403-4016; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(2) COMPANY: Chalico Concrete Materials, Inc.; DOCKET NUMBER: 2008-0202-AIR-E; TCEQ ID NUMBER: RN104802061; LOCATION: 2000 Port Road, Port Isabel, Cameron County; TYPE OF FACILITY: concrete batch plant; RULES VIOLATED: 30 TAC §116.115(c), THSC, §382.085(b), and TCEQ Standard Permit Number 77534, Special Condition Number 6(C), by failing to pave all entry and exit roads and main traffic routes associated with the operation of a concrete batch plant (including batch truck and material delivery truck roads); 30 TAC §116.115(c), THSC, §382.085(b), and TCEQ Standard Permit Number 77534, Special Condition Number 6(D)(iii), by failing to locate stationary equipment, stockpiles, or vehicles for facilities with production rates less than or equal to 200 cubic yards per hour at least 25 feet from any property lines; 30 TAC §116.110(a) and THSC, §382.085(b) and §382.0518(a), by failing to obtain authorization for a source of air emissions; 30 TAC §101.4 and THSC, §382.085(a) and (b), by failing to control the discharge of air contaminants in such a concentration and duration as to adversely affect human health or welfare, property or as to interfere with the normal use and enjoyment of property; PENALTY: $5,350; STAFF ATTORNEY: Gary Shiu, Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(3) COMPANY: Elegant Craftworks, Inc. dba Allan Products; DOCKET NUMBER: 2007-1480-AIR-E; TCEQ ID NUMBER: RN100215342; LOCATION: 825 Shepherd Drive, Garland, Dallas County; TYPE OF FACILITY: wood product manufacturing plant; RULES VIOLATED: THSC, §382.085(b) and 30 TAC §122.46(1) and (2), by failing to submit the required annual compliance certifications for the periods of April 1, 2005 - March 31, 2006, and April 1, 2006 - March 31, 2007; and TWC, §5.702 and 30 TAC §101.27(c)(1), by failing to pay outstanding Air Emission fees for Financial Administration Account Number 21006231; PENALTY: $5,250; STAFF ATTORNEY: Anna Cox, Litigation Division, MC 175, (512) 239-0974; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(4) COMPANY: Farhan Memon dba Peachtree; DOCKET NUMBER: 2008-1564-PST-E; TCEQ ID NUMBER: RN102223435; LOCATION: 11111 Walnut Hill Lane, Dallas, Dallas County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.246(7)(A) and THSC, §382.085(b), by failing to maintain Stage II records at the station and by failing to make them immediately available for review upon request; and 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment at least once every 12 months and the Stage II vapor space manifolding and dynamic back pressure at least once every 36 months or upon major system replacement or modification; whichever occurs first; PENALTY: $5,046; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division; MC R-12, (713) 422-8914; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: Nelco Distributing Company dba Nelco Corner; DOCKET NUMBER: 2005-1223-PST-E; TCEQ ID NUMBER: RN104557921; LOCATION: 1045 South State Highway 359, Mathis, San Patricio County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of underground storage tanks (UST) systems; and 30 TAC §334.22(a) and §334.128(a) and TWC, §5.702, by failing to pay UST fees for Fiscal Years 2001 - 2005, and aboveground storage tank fees for 2003 - 2005; PENALTY: $4,200; STAFF ATTORNEY: Barham A. Richard, Litigation Division, MC 175, (512) 239-0107; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(6) COMPANY: Shawn Horvath dba Aero Valley Water Service; DOCKET NUMBER: 2008-0962-PWS-E; TCEQ ID NUMBER: RN101198331; LOCATION: east of Interstate 35 West, 1/2 mile south of Farm-to-Market Road 1171 on Cleveland Gibbs Road at Northwest Regional Airport; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.109(c)(2)(A)(ii) and §290.122(c)(2)(A) and THSC, §341.033(d), by failing to collect routine distribution water samples for coliform analysis for the months of July 2007 - December 2007, and by failing to provide public notification of the failure to sample for the months of July 2007 - December 2007; 30 TAC §290.109(c)(3)(A)(ii) and §290.122(c)(2)(A), by failing to collect a set of repeat samples within 24 hours of being notified of a total coliform-positive sample result and by failing to provide public notification of the failure to collect repeat water samples for the month of March 2008; 30 TAC §290.271(b) and §290.274(a) and (b), by failing to mail or deliver one copy of the Consumer Customer Report (CCR) to each bill paying customer by July 1st of each year and by failing to submit a copy of the annual CCR and certification that the CCR has been distributed to the customers of the water system and that the information in the CCR is correct and consistent with compliance monitoring data to the TCEQ by July 1st of each year; and 30 TAC §290.51(a)(6) and TWC, §5.702, by failing to pay all annual and late Public Health Service Fees for TCEQ Financial Administration Account Number 90610243 for Fiscal Years 2003 - 2008 to the TCEQ in a timely manner; PENALTY: $5,133; STAFF ATTORNEY: Tommy Tucker Henson II, Litigation Division, MC 175, (512) 239-0946; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(7) COMPANY: Sixto Nava Alvarado dba Alvarado's Lawn and Maintenance Service; DOCKET NUMBER: 2007-1797-LII-E; TCEQ ID NUMBER: RN105300594; LOCATION: 1919 Walnut Plaza, Apartment 236, Carrollton, Dallas County; TYPE OF FACILITY: landscape irrigation business; RULES VIOLATED: TWC, §37.003, Texas Occupations Code, §1903.251, and 30 TAC §30.5(b), by failing to refrain from advertising or representing himself to the public as a person who can perform services for which a license or registration is required when not possessing a current license or registration; PENALTY: $750; STAFF ATTORNEY: Anna Cox, Litigation Division, MC 175, (512) 239-0974; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(8) COMPANY: Sue Goins dba 67 Bait Shop; DOCKET NUMBER: 2008-0109-PST-E; TCEQ ID NUMBER: RN102014289; LOCATION: 610 United States Highway 67 East, Naples, Morris County; TYPE OF FACILITY: facility that formerly included two USTs; RULES VIOLATED: 30 TAC §334.7(d)(3), by failing to provide an amended UST registration to the TCEQ for any change or additional information regarding USTs within 30 days from the date of occurrence of the change; 30 TAC §334.6(b)(1)(A), by failing to properly notify the agency of the initiation of any proposed major UST activity between 24 and 72 hours prior to the commencement of the construction activity; 30 TAC §334.55(a)(6)(B)(ii), by failing to conduct a site assessment in response to the permanent removal from service of an UST system; and 30 TAC §334.401(a), by failing to utilize a licensed on-site supervisor to perform and supervise the UST removal activity; PENALTY: $9,900; STAFF ATTORNEY: Gary Shiu, Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(9) COMPANY: To Nguyen and Quang Huynh, aka Quinn Huynh, dba Discount Grocery Store; DOCKET NUMBER: 2008-0527-PST-E; TCEQ ID NUMBER: RN102226750; LOCATION: 4244 Wilbarger, Fort Worth, Tarrant County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.244(1) and (3) and THSC, §382.085(b), by failing to conduct daily and monthly inspections of the Stage II vapor recovery system for the petroleum storage tanks; 30 TAC §115.248(1) and THSC, §382.085(b), by failing to ensure that at least one facility representative received training and instruction in the operation and maintenance of the Stage II vapor recovery system by completing a training course approved by the executive director and by failing to ensure that current employees are aware of the purposes and correct operating procedures of the Stage II system; 30 TAC §115.242(1)(C), (3)(A), and (E), and THSC, §382.085(b), by failing to ensure that the Stage II vapor recovery system is onboard refueling vapor recovery compatible, by failing to replace missing vapor guards on pump nozzles number 1 Regular Unleaded, number 3 Plus and Super Unleaded and number 4 Plus and Super Unleaded, and by failing to replace damaged vapor guards on pump nozzles number 2 Plus and Super Unleaded, thereby failing to maintain the Stage II vapor recovery system in proper operating condition, as specified by the manufacturer and/or any applicable California Air Resources Board Executive Order; 30 TAC §334.22(a) and TWC, §5.702, by failing to pay outstanding UST fees and associated late fees for TCEQ Financial Assurance Account Number 0056738U for Fiscal Years 2006 - 2007; 30 TAC §334.7(d)(3), §334.8(c)(4)(A)(vii) and (5)(B)(ii); by failing to notify the agency of any change or additional information regarding the USTs within 30 days of the occurrence of the change or addition, and by failing to renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date; 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the USTs; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for the UST system; 30 TAC §334.50(b)(1)(A), (d)(1)(B)(ii) and (iii)(I), and TWC, §26.3475(c)(1), by failing to monitor USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring), by failing to conduct reconciliation of detailed inventory control records at least once each month, sufficiently accurate to detect a release as small as the sum of 1.0% of the total substance flow-through for the month plus 130 gallons, and by failing to record inventory volume measurement for regulated substance inputs, withdrawals, and the amount still remaining in the tank each operating day; PENALTY: $15,783; STAFF ATTORNEY: Tammy Mitchell, Litigation Division, MC 175, (512) 0736; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-200902036

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: May 26, 2009

The following notices were issued during the period of May 4, 2009 through May 22, 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

SOUTHWESTERN PUBLIC SERVICE COMPANY which operates the Clifford B. Jones Steam Electric Station (SES), has applied for a renewal of TCEQ Permit No. WQ0001312000, which authorizes the disposal of cooling tower blowdown, low volume wastes, metal cleaning waste, and storm water at a daily average flow not exceed 4.82 million gallons per day (MGD) via irrigation of 1080 acres. This permit will not authorize a discharge of pollutants into water in the State. The facility and land application site are located approximately two miles east of the intersection of U.S. Highway 84 and State Highway 331, southeast of the City of Lubbock, Lubbock County, Texas.

POSSUM KINGDOM WATER SUPPLY CORPORATION which operates, the George N. Bailey, Jr. Water Treatment Plant (WTP) a potable water treatment facility, has applied for a renewal of TPDES Permit No. WQ0004325000, which authorizes the discharge of backwash water, process sampling water, and reverse osmosis concentrate at a daily average flow not to exceed 220,000 gallons per day via Outfall 001. The facility is located at 300 Lago Vista Road, approximately 0.5 miles south of intersection of Farm-to-Market Road 2951 and Harris Drive, and approximately 16 miles west of the Town of Graford, Palo Pinto County, Texas.

CITY OF COLLEGE STATION has applied for a renewal of TPDES Permit No. WQ0010024006, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 9,500,000 gallons per day. The current permit also authorizes distribution and marketing of sewage sludge. The facility is located adjacent to the west side of Carters Creek, approximately 0.75 mile east of State Highway 6, and approximately 1,800 feet east and 8,000 feet north of the intersection of State Highway 6 East and Texas Avenue in Brazos County, Texas.

DSM NUTRITIONAL PRODUCTS INC which operates a facility that manufactures beta-carotene, has applied for a renewal of TPDES Permit No. WQ0002216000, which authorizes a discharge of process wastewater, utility wastewater, water treatment waste, domestic wastewater, and storm water runoff at a daily average flow not to exceed 190,000 gallons per day via Outfall 001. The facility is located at 1000 County Road 227, immediately south of Oyster Creek and north of Farm-to-Market Road 332, north of the City of Freeport, Brazoria County, Texas.

VALLEY MUNICIPAL UTILITY DISTRICT NO 2 which operates Rancho Viejo RO WTP, a reverse osmosis potable water treatment plant, has applied for a major amendment to TPDES Permit No. WQ0003936000 to authorize a reduction in effluent monitoring frequency at Outfall 001 from once per day to once every two weeks, and the change of the effluent monitoring location for Outfall 001 from "at Outfall 001, at the end of the 8-inch pipe prior to discharge to San Martin Drainage Ditch No. SM-01-13 (of Cameron County Drainage District (CCDD) No. 1)", to "following the Reverse Osmosis unit and prior to commingling with any other waste streams." The current permit authorizes treatment and discharge wastes from Rancho Viejo RO WTP, a reverse osmosis potable water treatment plant, at a daily average flow not to exceed 500,000 gallons per day. The facility is located at 100 Hidalgo, on the west side of State Highway 83, approximately 1.25 miles north of the intersection of State Highway 83 and Farm-to-Market Road 511, and approximately 3.5 miles south of the intersection of State Highway 83 and State Highway 100, in the City of Rancho Viejo, Cameron County, Texas. The TCEQ Executive Director has reviewed this action for consistency with the Texas Coastal Management Program goals and policies in accordance with the regulations of the Coastal Coordination Council, and has determined that the action is consistent with the applicable CMP goals and policies.

VILLAGE FARMS LP which operates Village Farms of Marfa Plant, a hydroponic greenhouse industry that produces and markets tomatoes, cucumbers, and peppers, has applied for a major amendment to TCEQ Permit No. WQ0004769000 requesting authorization for: (1) direct ruminant grazing of the land with the option to harvest forage crops, if needed, (2) increasing the irrigation area from 205 acres to 245 acres, and (3) increasing the allowable volume discharged from the green house into the irrigation pond from 198,000 gallons per day to 250,000 gallons per day. The current permit authorizes the disposal of process wastewater at an annual average flow not to exceed 198,000 gallons per day via irrigation of 205 acres of Bermuda and native grasses. This permit will not authorize a discharge of pollutants into water in the State. TCEQ received this application on June 16, 2008. The facility and the land application area are located four miles north of the intersection of U.S. Highway 90 and 67 in Presidio County, Texas. The facility and the land application area are located in the drainage basin of Rio Grande Above Amistad Reservoir in Segment No. 2306 of the Rio Grande River Basin.

CITY OF HALLETTSVILLE has applied for a renewal of TPDES Permit No. WQ0010013001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 800,000 gallons per day. The facility is located on the bank of the Lavaca River, approximately 1,000 feet downstream from the U.S. Highways 90-A and 77 bridge across the Lavaca River in the City of Hallettsville in Lavaca County, Texas 77964.

CITY OF SILSBEE has applied for a renewal of TPDES Permit No. WQ0010282002 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 250,000 gallons per day. The facility is located approximately 1700 feet north and 300 feet west of the intersection of Farm-to-Market Road 418 and Roosevelt Drive extension in Hardin County, Texas.

CITY OF GIDDINGS has applied for a renewal of TPDES Permit No. WQ0010456002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 464,000 gallons per day. The facility is located on south sewer plant road approximately 2,200 feet southeast of Farm-to-Market Road 448, and 4,000 feet southwest of U.S. Highway 77 in Lee County, Texas.

CZECH CATHOLIC HOME FOR THE AGED has applied for a renewal of TPDES Permit No. WQ0010935001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 6,000 gallons per day. The facility is located approximately 1,000 feet northwest of the intersection of U.S. Highway 59 and Farm-to-Market Road 441 (adjacent to Farm-to-Market Road 441) in Wharton County, Texas.

CITY OF LIPAN has applied for a renewal of TPDES Permit No. WQ0013590001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 99,000 gallons per day. The facility is located north of the City of Lipan, approximately 1.5 miles northeast of the intersection of Farm-to-Market Road 4 and Farm-to-Market Road 1189 in Hood County, Texas.

KOPPERL INDEPENDENT SCHOOL DISTRICT has applied for a renewal of TPDES Permit No. WQ0013982001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 7,500 gallons per day. The facility is located at 101 Fifth Street, approximately 1,800 feet east-northeast of the intersection of Farm-to-Market Road 56 and the Burlington Northern/Sante Fe Railroad in Bosque County, Texas.

TOWN OF BUCKHOLTS has applied for a renewal of TPDES Permit No. WQ0011875001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 100,000 gallons per day. The facility is located on the north side of the Town of Buckholts, approximately 1,600 feet northeast of U.S. Highway 190 and approximately 1,000 feet east of Farm-to-Market Road 1915 in Milam County, Texas.

DRIPPING SPRINGS APARTMENTS LP has applied for a renewal of Permit No. WQ0014146001 which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 14,000 gallons per day via subsurface drip irrigation system on 3.57 acres of non-public access land. This permit will not authorized a discharge of pollutants into the Waters of the State. The wastewater treatment facility and disposal site are located on the north side of U.S. Route 290, approximately 13,000 feet west along U.S. Route 290 from its intersection with State Route 12 in Hays County, Texas.

SIENNA PLANTATION MUNICIPAL UTILITY DISTRICT NO 1 has applied for a renewal of proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014611001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 600,000 gallons per day. The facility will be located approximately 250 feet north of Sienna Ranch Road and approximately 500 feet east-northeast of Cow Bayou in Fort Bend County, Texas

1977 KINDRED II LP has applied to the Texas Commission on Environmental Quality (TCEQ) for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014920001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 5,000 gallons per day. The facility was previously permitted under TPDES Permit No. WQ0011923001 which expired May 1, 2008. The facility is located at 1977 Kindred Street, located in the southwest corner of an industrial park on Clark-Williams Road, 600 feet south of U.S. Highway 90, approximately 0.5 mile west of South Lake Houston Parkway, and approximately 4.5 miles northeast of the intersection of U.S. Highway 90 and Interstate 610 in Harris County, Texas.

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

TRD-200902046

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: May 27, 2009

Request for Proposals #303-9-11105-A

The Texas Facilities Commission (TFC), on behalf of the Health and Human Services Commission (HHSC), announces the issuance of Request for Proposals (RFP) #303-9-11105-A. TFC seeks a five (5) or ten (10) year lease of approximately 4,409 square feet of office space in Laredo, Webb County, Texas.

The deadline for questions is June 16, 2009 and the deadline for proposals is June 23, 2009 at 3:00 p.m. The award date is August 19, 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 an 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=82638.

TRD-200902047

Kay Molina

General Counsel

Texas Facilities Commission

Filed: May 27, 2009

Notice of Public Hearing on Proposed Medicaid Payment Rate

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on June 24, 2009, at 1:30 p.m. to receive public comment on the proposed Medicaid payment rates for Tuberculosis (TB) Clinic services. The public hearing will be held in the Lone Star Conference Room of HHSC, 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. The hearing will be held in compliance with Human Resources Code §32.082 and 1 Texas Administrative Code (TAC), §355.201(e) - (f), which require public hearings on proposed Medicaid reimbursements.

Proposal. The proposed tuberculosis clinic procedure codes payment rates are proposed to be effective September 1, 2009.

Methodology and justification. The proposed updated payment rates are calculated in accordance with 1 TAC §355.8341, which addresses the reimbursement methodology for tuberculosis clinic services.

Briefing Package. A briefing package describing the proposed payment rates will be available on or after June 10, 2009. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Rate Analysis 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 HHSC, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Rate Analysis 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 HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.

Persons with disabilities who wish to attend the hearing and require auxiliary aids should contact Rate Analysis at (512) 491-1445 at least 72 hours in advance, so appropriate arrangements can be made.

TRD-200901986

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: May 20, 2009

The Texas Health and Human Services Commission announces its intent to submit amendments to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed amendments are effective July 1, 2009.

The amendments will modify the reimbursement methodologies in the Texas Medicaid State Plan as a result of Medicaid fee changes for services provided by:

Physicians and Certain Other Practitioners

Providers of Durable Medical Equipment (DME), Prosthetics, Orthotics and Supplies

Providers of Clinical Laboratory Services

Providers of Molecular Laboratory Services

Providers of Vision Services

The proposed amendments are estimated to result in an additional annual aggregate expenditure of $2,454,516 for federal fiscal year (FFY) 2009, with approximately $1,687,725 in federal funds and $766,791 in State General Revenue (GR). For FFY 2010, the estimated additional aggregate expenditure is $12,425,129, with approximately $8,678,953 in federal funds and $3,746,176 in GR. For FFY 2011, the estimated additional aggregate expenditure is $13,335,873, with approximately $8,225,566 in federal funds and $5,110,307 in GR.

Interested parties may obtain copies of the proposed amendments 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-200901998

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: May 21, 2009

The Texas Health and Human Services Commission announces its intent to submit an amendment to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed amendment is effective December 6, 2009.

The amendment will modify the reimbursement methodologies in the Texas Medicaid State Plan as a result of Medicaid fee changes for services provided by Physicians and Certain Other Practitioners.

The proposed amendment is estimated to result in an additional annual aggregate expenditure of $53,808 for federal fiscal year (FFY) 2010, with approximately $36,998 in federal funds and $16,810 in State General Revenue (GR). For FFY 2011, the estimated additional aggregate expenditure is $69,157, with approximately $48,306 in federal funds and $20,851 in GR. For FFY 2012, the estimated additional aggregate expenditure is $74,096, with approximately $45,702 in federal funds and $28,394 in GR.

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 proposal will also be made available for public review at the local offices of the Texas Department of Aging and Disability Services.

TRD-200902024

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: May 22, 2009

Licensing Actions for Radioactive Materials

TRD-200901988

Lisa Hernandez

General Counsel

Department of State Health Services

Filed: May 21, 2009

American Recovery and Reinvestment Act of 2009 Texas Weatherization Assistance Program - Notice of Funding Availability

I. Summary.

The Texas Department of Housing and Community Affairs (TDHCA or the Department) announces this Notice of Funding Availability (NOFA) of approximately $297,507,285 in federal funding through the Weatherization Assistance Program (WAP), which the U.S. Department of Energy (DOE) is providing to the State of Texas from the American Recovery and Reinvestment Act (ARRA) of 2009.

The funds are proposed to be made available in the form of contracts to qualified Community Action Agencies, units of local government and non-profit entities (Subrecipients) to increase the energy efficiency of dwellings owned or occupied by low-income persons, reduce their total residential expenditures, and improve their health and safety, especially low income persons who are particularly vulnerable such as the elderly, persons with disabilities, families with young children, high residential energy users, and households with high energy burden.

The type of weatherization measures that a household may receive is contingent upon a household's income eligibility, a comprehensive assessment of the household's energy use, and the availability of weatherization funds.

II. Allocation of WAP Funds.

The WAP funds will be made available to Subrecipients through the application process, beginning June 1, 2009.

III. Eligible Activities and Applicants.

Applicants responding to this NOFA must meet the qualifications and threshold as stated in the NOFA.

IV. Maximum Amount of Request.

The maximum amount that can be requested is described in the NOFA.

V. Application Acceptance.

The application acceptance period will begin June 15, 2009 for all Subrecipients.

Application Acceptance for the existing Subrecipient network Closes: Tuesday, June 23, 2009 by 5:00 p.m. CST regardless of the method of delivery

Application Acceptance for the all other applicants Closes: Tuesday, June 26, 2009 by 5:00 p.m. CST regardless of the method of delivery

To view the complete NOFA please visit: http://www.tdhca.state.tx.us/wap/index.htm.

Mailing Address:

Energy Assistance Section

Texas Department of Housing and Community Affairs

P.O. Box 13941

Austin TX 78711-3941

(All U.S. Postal Service including Express)

Courier Delivery:

Energy Assistance Section

Texas Department of Housing and Community Affairs

221 East 11th Street, 1st Floor

Austin, TX 78701

(FedEx, UPS, Overnight, etc.)

Questions. Questions pertaining to the content of the WAP NOFA, Contact Michael De Young at (512) 475-2125 or by email at michael.deyoung@tdhca.state.tx.us.

TRD-200902045

Michael Gerber

Executive Director

Texas Department of Housing and Community Affairs

Filed: May 27, 2009

Residential Mortgage Revenue and Refunding Bonds

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the Department or TDHCA) at 221 East 11th Street, Room 116, Austin, Texas, at 12:00 noon on July 6, 2009, with respect to an issue of tax-exempt residential mortgage revenue bonds to be issued in one or more series in an aggregate principal amount of not more than $85,000,000 (the New Money Bonds) and an issue of tax-exempt residential mortgage revenue refunding bonds to be issued in one or more series in an aggregate principal amount of not more than $70,000,000 (the Refunding Bonds and together with the New Money Bonds, collectively, the Bonds). The Bonds will be issued under §143 of the Internal Revenue Code of 1986, as amended (the Code).

A portion of the proceeds of the New Money Bonds will be used directly to make single family residential mortgage loans in an aggregate estimated amount of $85,000,000. All of such single family residential mortgage loans will be made to eligible very low, low and moderate income homebuyers for the purchase of homes located within the State of Texas. A portion of the proceeds of the Refunding Bonds will be used to refund all or a portion of the Department's outstanding Residential Mortgage Revenue Bonds, Series 1998A, Residential Mortgage Revenue Refunding Bonds, Series 1998B, Residential Mortgage Revenue Refunding Bonds, Series 1999A, Residential Mortgage Revenue Bonds, Series 1999B, Residential Mortgage Revenue Refunding Bonds, Series 1999C and Residential Mortgage Revenue Refunding Bonds, Series 1999D, the proceeds of which were used directly or indirectly to provide single family residential mortgage loans.

For purposes of the Department's mortgage loan finance programs, eligible borrowers generally will include individuals and families whose family income does not exceed, (i) for families of three or more persons, 115% (140% in certain targeted areas) of the area median income, and (ii) for individuals and families of two persons, 100% (120% in certain targeted areas) of the area median income, who have not owned a principal residence during the preceding three years (except in certain cases permitted under applicable provisions of the Code). Further, residences financed with loans under the programs generally will be subject to certain other limitations, including limits on the purchase prices of the residences being acquired. All the limitations described in this paragraph are subject to revision and adjustment from time to time by the Department pursuant to changes in applicable federal law and Department policy.

All interested parties are invited to attend such public hearing to express their views with respect to the Department's mortgage loan finance program and the issuance of the Bonds. Questions or requests for additional information may be directed to Heather Hodnett at the Texas Department of Housing and Community Affairs, 221 East 11th Street, Austin, Texas 78701; telephone (512) 475-1899.

Persons who intend to appear at the hearing and express their views are invited to contact Heather Hodnett in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to Heather Hodnett prior to the date scheduled for the hearing.

TDHCA WEBSITE: www.tdhca.state.tx.us/hf.htm

Individuals who require auxiliary aids for the hearing should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943, or Relay Texas at 1-800-735-2989 at least two (2) days before the hearing so that appropriate arrangements can be made.

Non-English speaking individuals who require interpreters for the hearing should contact Heather Hodnett at (512) 475-1899 at least three (3) days before the hearing so that appropriate arrangements can be made. Personas que hablan español y requieren un intérprete, favor de llamar a Jorge Reyes al siguiente número (512) 475-4577 por lo menos tres días antes de la junta para hacer los preparativos apropiados.

This notice is published and the above-described hearing is to be held in satisfaction of the requirements of State law and §147(f) of the Code regarding the public approval prerequisite to the exclusion from gross income for federal income tax purposes of interest on the Bonds.

TRD-200902028

Michael Gerber

Executive Director

Texas Department of Housing and Community Affairs

Filed: May 26, 2009

SUMMARY

The Texas Department of Housing and Community Affairs (TDHCA) has issued a Request for Proposal (RFP) for Master Servicer. TDHCA anticipates the need for a Master Servicer relating to its Single Family Mortgage Revenue Bond Programs. The Master Servicer must demonstrate qualifications and experience in one or more areas that are listed in the RFP.

Proposals must be received at TDHCA no later than 4:00 p.m. on July 1, 2009.

The RFP will be made available in TDHCA's Web site, which can be accessed at http://www.tdhca.state.tx.us/homeownership/index.htm and in the Texas Marketplace, at www.marketplace.state.tx.us. Any questions regarding this RFP should be directed to Julie Dumbeck by e-mail at julie.dumbeck@tdhca.state.tx.us or by phone at (512) 475-3991.

TRD-200902027

Michael Gerber

Executive Director

Texas Department of Housing and Community Affairs

Filed: May 26, 2009

SUMMARY. The Texas Department of Housing and Community Affairs (the "Department" or "TDHCA") announces a Request for Proposals (RFP) for Disaster Temporary Emergency Housing Program Contingency Contract.

DEADLINE FOR SUBMISSION. The deadline for submission in response to the RFP is 4:30 p.m., Central Daylight Saving Time, Friday, June 26, 2009. No proposal received after the deadline will be considered. No incomplete, unsigned, or late proposals will be accepted after the proposal deadline, unless the Department determines, in its sole discretion, that it is in the best interest of the Department to do so.

The Department reserves the right to accept or reject any (or all) proposals submitted. The information contained in this RFP is intended to serve only as a general description of the services desired by TDHCA, and the Department intends to use responses as a basis for further negotiation of specific project details with offerors. This RFP does not commit the Department to pay for any costs incurred prior to the execution of a contract and is subject to availability of funds. Issuance of this RFP in no way obligates the Department to award a contract or to pay any costs incurred in the preparation of a response.

Individuals or firms interested in submitting a proposal should visit our website at http://www.tdhca.state.tx.us/cdbg/index.htm, for a complete copy of the RFP. Throughout the procurement process, all questions relating to this RFP must be submitted to TDHCA in writing to Julie Dumbeck (Julie.dumbeck@tdhca.state.tx.us).

Place and Method of Proposal Delivery. Proposals shall be delivered to:

Texas Department of Housing and Community Affairs

Physical Address for Overnight Carriers

221 East 11th Street

Austin, Texas 78701-2410

Mailing Address:

P.O. Box 13941

Austin, TX 78711-3941

(512) 475-3800

TRD-200902044

Michael Gerber

Executive Director

Texas Department of Housing and Community Affairs

Filed: May 27, 2009

I. Summary.

The Texas Department of Housing and Community Affairs (the "Department" or "TDHCA") announces this Draft Notice of Funding Availability ("NOFA") of approximately $58,894,225 in federal funding from the Community Development Block Grant ("CDBG") Disaster Recovery Fund (the "Funds") to be used within only those Impacted Counties specified in §1(b) for an Affordable Rental Housing Stock Restoration Program in response to Hurricanes Dolly and Ike.

These funds are proposed to be made available in the form of grants or loans to the owners of affordable rental properties in any of the thirty-seven (37) Hurricane Dolly or Ike "Impacted Counties" covered under the Action Plan (Angelina, Austin, Brazoria, Cameron, Chambers, Cherokee, Fort Bend, Galveston, Gregg, Grimes, Hardin, Harris, Harrison, Hidalgo, Houston, Jasper, Jefferson, Liberty, Madison, Matagorda, Montgomery, Nacogdoches, Newton, Orange, Polk, Rusk, Sabine, San Augustine, San Jacinto, Shelby, Smith, Trinity, Tyler, Walker, Waller, Washington, and Willacy) that sustained documented loss of or damage to affordable housing rental stock as a direct result of either Hurricane Ike or Hurricane Dolly. A minimum of 51% of the total units in each property are to be used for affordable rental housing for low/moderate-income Texans earning 80% or less of the Area Median Family Income (AMFI).

II. Allocation of CDBG Funds.

The CDBG funds will be made available to Impacted Counties through a first come, first serve application process, beginning June 1, 2009.

III. Eligible Activities and Applicants.

Applicants responding to this NOFA must meet the qualifications and threshold as stated in the NOFA.

IV. Site and Development Restrictions.

All developments must meet the size and code requirements as outlined in the NOFA.

V. Maximum Amount of Request.

The maximum amount that can be requested is $5,000,000 per development.

VI. Application Acceptance.

The application acceptance period will begin June 1, 2009 for developments with 36 units or less. For developments greater than 36 units, applications will be accepted beginning July 20, 2009.

Application Acceptance Closes: Friday, August 14, 2009 by 5:00 p.m. CST

To view the complete NOFA, please visit: http://www.tdhca.state.tx.us/cdbg/index.htm.

Mailing Address:

Disaster Recovery Division

Texas Department of Housing and Community Affairs

P.O. Box 13941

Austin TX 78711-3941

(All U.S. Postal Service including Express)

Courier Delivery:

Disaster Recovery Division

Texas Department of Housing and Community Affairs

221 East 11th Street, 1st Floor

Austin, TX 78701

(FedEx, UPS, Overnight, etc.)

Questions. Questions pertaining to the content of the CDBG Hurricane Dolly and Ike Mulitfamily Rental Program NOFA, Contact Teresa Morales at (512) 475-3344 or by email at teresa.morales@tdhca.state.tx.us.

TRD-200902043

Michael Gerber

Executive Director

Texas Department of Housing and Community Affairs

Filed: May 27, 2009

Company Licensing

Application for incorporation in the State of Texas by ALPHA SURETY AND INSURANCE COMPANY, a domestic fire and casualty company. The home office is in Fort Worth, Texas.

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

TRD-200902052

Brenda Caldwell

Assistant General Counsel

Texas Department of Insurance

Filed: May 27, 2009

Instant Game Number 1203 "Lucky 13"

1.0 Name and Style of Game.

A. The name of Instant Game No. 1203 is "LUCKY 13". The play style is "key number match with doubler".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1203 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 1203.

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, 14, 15, 16, 17, 18, 19, 20, 13 SYMBOL, $2.00, $4.00, $5.00, $10.00, $13.00, $20.00, $50.00, $130, $1,300 and $13,000.

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

Figure 1: GAME NO. 1203 - 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 $2.00, $4.00, $5.00 or $13.00.

G. Mid-Tier Prize - A prize of $26.00, 50.00, $100 or $130.

H. High-Tier Prize - A prize of $1,300 or $13,000.

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 (1203), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 125 within each pack. The format will be: 1203-0000001-001.

K. Pack - A pack of "LUCKY 13" Instant Game tickets contains 125 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). There will be 2 fanfold configurations for this game. Configuration A will show the front of ticket 001 and the back of ticket 125. Configuration B will show the back of ticket 001 and the front of ticket 125.

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 "LUCKY 13" Instant Game No. 1203 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 "LUCKY 13" Instant Game is determined once the latex on the ticket is scratched off to expose 22 (twenty-two) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to either of the LUCKY NUMBERS play symbol, the player wins the PRIZE shown for that number. If a player reveals a "13" play symbol, the player wins DOUBLE the PRIZE shown for that symbol instantly. 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 22 (twenty-two) 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 22 (twenty-two) 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 22 (twenty-two) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 22 (twenty-two) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. The "13" (doubler) play symbol will only appear on intended winning tickets and only as dictated by the prize structure.

C. No duplicate LUCKY NUMBERS play symbols on a ticket.

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

E. No more than two (2) matching non-winning prize symbols will appear on a ticket.

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

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

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

2.3 Procedure for Claiming Prizes.

A. To claim a "LUCKY 13" Instant Game prize of $2.00, $4.00, $5.00, $13.00, $26.00, $50.00, $100 or $130, 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 $26.00, $50.00, $100 or $130 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 "LUCKY 13" Instant Game prize of $1,300 or $13,000, 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 "LUCKY 13" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "LUCKY 13" 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 "LUCKY 13" 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 5,040,000 tickets in the Instant Game No. 1203. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 1203 - 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. 1203 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. 1203, 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-200902048

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: May 27, 2009

1.0 Name and Style of Game.

A. The name of Instant Game No. 1205 is "CASH BOUNTY". The play style is "key symbol match with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1205 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 1205.

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: HOSS SYMBOL, PATCH SYMBOL, SKEETER SYMBOL, COLONEL SYMBOL, BANDIT SYMBOL, PAPPY SYMBOL, SNAKE SYMBOL, SPUR SYMBOL, KID SYMBOL, DUSTY SYMBOL, KITTY SYMBOL, BADGE 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:

Figure 1: GAME NO. 1205 - 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, $4.00, $5.00, $10.00 or $20.00.

G. Mid-Tier Prize - A prize of $40.00 or $100.

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

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 (1205), 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: 1205-0000001-001.

K. Pack - A pack of "CASH BOUNTY" 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 "CASH BOUNTY" Instant Game No. 1205 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 "CASH BOUNTY" Instant Game is determined once the latex on the ticket is scratched off to expose 9 (nine) Play Symbols. If the player matches the WANTED GUY play symbol to any of the BAD GUYS play symbols, the player wins the CASH BOUNTY shown. If the player reveals a "BADGE" symbol, the player wins the CASH BOUNTY for that symbol instantly. 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 9 (nine) 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 9 (nine) 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 9 (nine) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 9 (nine) 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 duplicate non-winning prize symbols.

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

D. No duplicate non-winning BAD GUY play symbols.

E. The BADGE (auto win) play symbol will never appear more than once on a ticket.

F. The top prize symbol will appear once on every ticket unless otherwise restricted.

2.3 Procedure for Claiming Prizes.

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

B. To claim a "CASH BOUNTY" Instant Game prize of $1,000, 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 "CASH BOUNTY" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "CASH BOUNTY" 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 "CASH BOUNTY" 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 10,080,000 tickets in the Instant Game No. 1205. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 1205 - 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. 1205 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. 1205, 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-200902049

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: May 27, 2009

A. The name of Instant Game No. 1260 is "WILD 10'S". The play style is "key number match with multiplier".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1260 shall be $10.00 per ticket.

1.2 Definitions in Instant Game No. 1260.

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, 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, 10X SYMBOL, $10.00, $15.00, $20.00, $25.00, $40.00, $50.00, $75.00, $100, $150, $300, $500, $1,000, and $110,000.

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

Figure 1: GAME NO. 1260 - 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 $10.00, $15.00 or $20.00.

G. Mid-Tier Prize - A prize of $25.00, $50.00, $75.00, $100, $150, $250, or $500.

H. High-Tier Prize - A prize of $5,000 or $110,000.

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 (1260), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 050 within each pack. The format will be: 1260-0000001-001.

K. Pack - A pack of "WILD 10'S" Instant Game tickets contains 050 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket back 001 and 050 will both 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 "WILD 10'S" Instant Game No. 1260 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 "WILD 10'S" Instant Game is determined once the latex on the ticket is scratched off to expose 45 (forty-five) Play Symbols. If the player matches any of YOUR NUMBERS play symbols to any of the WILD NUMBERS play symbols, the player wins the PRIZE shown for that number. If the player reveals a "10X" play symbol, the player wins the 10 TIMES the PRIZE shown for that symbol. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

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

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2.2 Programmed Game Parameters.

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

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

C. The 10X (win x 10) play symbol will only appear on intended winning tickets as dictated by the prize structure.

D. No duplicate WILD NUMBER play symbols on a ticket.

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

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

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

H. No prize amount in a non-winning spot will correspond with the YOUR NUMBERS play symbol (i.e. 10 and $10).

2.3 Procedure for Claiming Prizes.

A. To claim a "WILD 10'S" Instant Game prize of $10.00, $15.00, $20.00, $25.00, $50.00, $75.00, $100, $150, $250, 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, $75.00, $100, $150, $250, 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 "WILD 10'S" Instant Game prize of $5,000 or $110,000, 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 "WILD 10'S" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "WILD 10'S" 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 "WILD 10'S" 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 5,040,000 tickets in the Instant Game No. 1260. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 1260 - 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. 1260 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. 1260, 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-200902025

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: May 26, 2009

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

The Public Utility Commission of Texas (commission) received an application on May 22, 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 Charter Communications VI, L.L.C. d/b/a Charter Communications for an Amendment to its State-Issued Certificate of Franchise Authority, Project Number 37027 before the Public Utility Commission of Texas.

The requested amendment is to expand the service area footprint to include the City of Carthage, 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 37027.

TRD-200902034

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 26, 2009

On May 18, 2009, Charter Fiberlink TX-CCO, 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 60726. Applicant intends to reflect a change in corporate restructuring.

The Application: Application of Charter Fiberlink TX-CCO, LLC for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 37005.

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 June 10, 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 37005.

TRD-200902018

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 22, 2009

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on May 20, 2009, for approval of an increased depreciation rate pursuant to Public Utility Regulatory Act §52.252 and §53.056, Texas Utilities Code Annotated (Vernon 2007 & Supp. 2008). A summary of the application follows.

Docket Title and Number: Application of Blossom Telephone Company, Inc. for Approval of an Increased Depreciation Rate for Buried Metallic Cable Pursuant to P.U.C. Substantive Rule §26.206, Docket Number 37013.

The Application: Blossom Telephone Company, Inc. (Blossom) filed an application for approval of an increased depreciation rate for Account 2423.0000 - Buried Metallic Cable. Blossom seeks approval to replace substantially all of its current outside plant (mainly buried metallic cable) with fiber cable over the course of the next four years. Blossom received a $6,000,000 Rural Utilities Services loan for this purpose. Blossom stated that the project will enable deployment of high speed broadband to all customers as well as other potential services requiring broadband. Blossom proposed an effective date of January 1, 2009.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, 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. All correspondence should refer to Docket Number 37013.

TRD-200902019

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 22, 2009

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on May 18, 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 Abacus Resources Energy, LLC for Retail Electric Provider Certification, Docket Number 37002 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 (888) 782-8477 no later than June 12, 2009. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at (800) 735-2989. All comments should reference Docket Number 37002.

TRD-200902035

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 26, 2009

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on May 20, 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 Nova Power, LLC for Retail Electric Provider Certification, Docket Number 37016 before the Public Utility Commission of Texas.

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

Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than June 12, 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 37016.

TRD-200902029

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 26, 2009

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on May 20, 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 TPS Power Holdings, LLC for Retail Electric Provider Certification, Docket Number 37017 before the Public Utility Commission of Texas.

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

Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than June 12, 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 37017.

TRD-200902030

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 26, 2009

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on May 20, 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 Endless Power, LLC for Retail Electric Provider Certification, Docket Number 37018 before the Public Utility Commission of Texas.

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

Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than June 12, 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 37018.

TRD-200902031

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 26, 2009

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on May 20, 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 Texas Solaro Energy, LLC for Retail Electric Provider Certification, Docket Number 37019 before the Public Utility Commission of Texas.

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

Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than June 12, 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 37019.

TRD-200902032

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 26, 2009

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on May 21, 2009, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA).

Docket Title and Number: Application of Talk Right Now, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 37021 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service.

Applicant's requested SPCOA geographic area includes the area of Texas currently served by the Dallas Local Access and Transport Area.

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 June 10, 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 37021.

TRD-200902033

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 26, 2009

Public Hearing Notice - Statewide Transportation Improvement Program

The Texas Department of Transportation (department) will hold a public hearing on Tuesday, June 30, 2009 at 10:00 a.m. at the Texas Department of Transportation, 200 East Riverside Drive, Room 1A-2, Austin, Texas to receive public comments on the June Out-of-Cycle 2009 Revisions to the Statewide Transportation Improvement Program (STIP) for FY 2008-2011. The STIP reflects the federally funded transportation projects in the FY 2008-2011 Transportation Improvement Programs (TIPs) for each Metropolitan Planning Organization (MPO) in the state. The STIP includes both state and federally funded projects for the nonattainment areas of Beaumont, Dallas-Fort Worth, El Paso, and Houston. The STIP also contains information on federally funded projects in rural areas that are not included in any MPO area, and other statewide programs as listed.

Title 23, United States Code, §134 and §135 require each designated MPO and the state, respectively, to develop a TIP as a condition to securing federal funds for transportation projects under Title 23 or the Federal Transit Act (49 USC §5301, et seq.).

Section 134(j) requires an MPO to develop its TIP in cooperation with the state and affected transportation operators, to provide an opportunity for interested parties to participate in the development of the program, and further requires the TIP to be updated at least once every four years and approved by the MPO and the Governor or Governor's designee. Section 135(g) requires the state to develop a STIP for all areas of the state in cooperation with the designated MPOs and, with respect to non-metropolitan areas, in consultation with affected local officials, and further requires an opportunity for participation by interested parties as well as approval by the Governor or the Governor's designee.

In accordance with 43 TAC §15.8(d), a copy of the proposed June Out-of-Cycle 2009 Revisions to the FY 2008-2011 STIP will be available for review, at the time the notice of hearing is published, at each of the department's district offices, at the department's Transportation Planning and Programming Division offices located in Building 118, Second Floor, 118 East Riverside Drive, Austin, Texas, and on the department's website at:

www.txdot.gov

Persons wishing to review the June Out-of-Cycle 2009 Revisions to the FY 2008-2011 STIP may do so online or contact the Transportation Planning and Programming Division at (512) 486-5033.

Persons wishing to speak at the hearing may register in advance by notifying Lori Morel, Transportation Planning and Programming Division, at (512) 486-5033 not later than Monday, June 29, 2009, or they may register at the hearing location beginning at 9:00 a.m. on the day of the hearing. Speakers will be taken in the order registered. Any interested person may appear and offer comments or testimony, either orally or in writing; however, questioning of witnesses will be reserved exclusively to the presiding authority as may be necessary to ensure a complete record. While any persons with pertinent comments or testimony will be granted an opportunity to present them during the course of the hearing, the presiding authority reserves the right to restrict testimony in terms of time or repetitive content. Groups, organizations, or associations should be represented by only one speaker. Speakers are requested to refrain from repeating previously presented testimony. Persons with disabilities who have special communication or accommodation needs or who plan to attend the hearing may contact the Government and Public Affairs Division, at 125 East 11th Street, Austin, Texas 78701-2483, (512) 463-9957. Requests should be made no later than three days prior to the hearing. Every reasonable effort will be made to accommodate their needs.

Further information on the FY 2008-2011 STIP may be obtained from Lori Morel, Transportation Planning and Programming Division, 118 East Riverside Drive, Austin, Texas 78704, (512) 486-5033. Interested parties who are unable to attend the hearing may submit comments to James L. Randall, P.E., Director, Transportation Planning and Programming Division, 118 East Riverside Drive, Austin, Texas 78704. In order to be considered, all written comments must be received at the Transportation Planning and Programming office by Monday, July 20, 2009 at 4:00 p.m.

TRD-200902042

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: May 26, 2009

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

The University of North Texas System (UNT System) requests information from law firms interested in providing legal services on certain immigration law matters for the University of North Texas (UNT). This Request for Information (RFI) is issued for the purpose of establishing a referral list from which UNT, by and through the UNT System Office of General Counsel, will select counsel for representation on specific immigration matters as the need arises, including labor certification for employees petitioning for permanent residency status. The duration of the agreement is September 1, 2009 to August 31, 2010, with the possibility of a one-year extension.

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

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

Responses. Responses to this RFI should include at least the following information: (1) a description of the firm's or attorney's qualifications for performing the legal services set out above, including the firm's prior experience in handling such immigration issues specific to hiring foreign faculty and staff at a research university and permanent residency, the names and experience of the attorneys who will be assigned to work on such matters, the availability of the lead attorney and others assigned to the project, and appropriate information regarding efforts made by the firm to encourage and develop the participation of minorities and women in the provision of legal services; (2) fee information (either in the form of hourly rates for each attorney and paralegal/legal assistant who may be assigned to perform services in relation to UNT's immigration law matters, comprehensive flat fees, or other fee arrangements directly related to the achievement of specific goals and cost controls) and billable expenses; (3) a comprehensive description of the procedures to be used by the firm to supervise the provision of legal services in a timely and cost-effective manner; (4) disclosures of conflicts of interest (identifying each and every matter in which the firm has, within the past calendar year, represented any entity or individual with an interest adverse to the UNT or to the State of Texas, or any of its boards, agencies, commissions, universities, or elected or appointed officials); and (5) confirmation of willingness to comply with policies, directives and guidelines of the UNT System, UNT and the Attorney General of the State of Texas. Responses should provide specific information concerning the law firm's willingness to provide legal services for labor certification on a flat-fee basis, including the flat fee it will charge.

Process and Basis of Award. Responses will be reviewed by the UNT System Office of General Counsel and select UNT administrators. After review, selected persons/firms who have responded to the RFI may be requested to elaborate on their responses. Selection of counsel will be based upon its demonstrated competence and qualifications as well as familiarity with the UNT System and University of North Texas immigration practices and processes.

After identification of the most qualified respondent, the System will attempt to negotiate a flat-fee contract at a fair and reasonable price. If a contract cannot be negotiated, the System will enter into negotiations with the next most qualified respondent and this process will continue until a final selection is made or the RFI process is ended. All respondents to this RFI will be notified of the System's decision.

The System reserves the right to negotiate individual elements of a response, to employ one or more firms to act as outside immigration counsel and to reject any and all responses. Any award(s) will be contingent on the successful negotiation of a contract and final approval of the contract by the Office of the Attorney General.

Format and Person to Contact. Responses should be sent by mail, facsimile, or electronic mail, marked "Response to Request for Information - Immigration Matters" and addressed to The University of North Texas System, Office of General Counsel, ATTN: Cheryl Finley, 1155 Union Circle, #310907, Denton, Texas 76203 or cheryl.finley@unt.edu if sent electronically. If responding by mail, two copies of the response are requested. The response should be typed, preferably double-spaced, on 8 1/2 x 11 inch paper with all pages sequentially numbered, and either stapled or bound together. Questions may be directed to Ms. Finley via email or by telephone at (940) 565-2717.

Deadline for Submission of Response. All responses must be received by the UNT System Office of General Counsel at the address set forth above not later than 5:00 p.m., July 6, 2009.

TRD-200902020

Carrie Stoeckert

Assistant Director of PPS

University of North Texas System

Filed: May 22, 2009

Request for Proposals for the Analysis of Groundwater Quality Samples in Fiscal Year 2010

SECTION I - GENERAL

1.1 SCOPE. The State of Texas, by and through the Texas Water Development Board (TWDB), seeks Groundwater Quality Analysis Services (Services) in accordance with the specifications contained in this Request for Proposals. In particular, the Services requested herein and to be provided under any contract(s) awarded as a result of this Request for Proposals are for Services during the State of Texas Fiscal Year (FY) beginning September 1, 2009, and ending August 31, 2010 (FY 2010).

1.2 CONTRACT TERM. The Services requested shall be provided for a period of one year, beginning September 1, 2009, and ending August 31, 2010 (FY 2010). The contract for Services may be renewed for up to one (1) more year (September 1, 2010, and ending August 31, 2011), provided all existing terms and conditions remain in full force and upon mutual agreement of both parties. The renewal, if exercised, is to be executed in the form of a contract amendment to be issued by TWDB no sooner than ninety (90) days prior to the expiration date of the initial contract, nor later than the final day of the contract period. Refusal by either party not to exercise the renewal will cause the Services to expire on the original or mutually agreed upon date. The total period for the Services, including any renewals, will not exceed a maximum combined period of two (2) years.

1.3 COMPENSATION. Not to exceed $384,000 for FY 2010.

1.4 DEFINITIONS. For purposes of this Request for Proposals, the following definitions apply:

(a) Contract - The contract awarded as a result of this Request for Proposals and all exhibits thereto. This Request for Proposals, any Addendum issued in conjunction with this Request for Proposals, the successful Respondent's Proposal, any Best And Final Offer (BAFO), and subsequent submission by Respondent, shall all be fully incorporated therein as exhibits; and

(b) Contractor - Respondent whose Proposal results in a contract with TWDB.

SECTION II - STATEMENT OF WORK

2.1 SERVICE REQUIREMENTS. Services shall include, but are not limited to, the requirements contained in this Request for Proposals. Services set forth that contain the words "must" or "shall" are mandatory and must be provided as specified with no alteration, modification, or exception. Services set forth that contain the words "may" or "can" allow Respondents to offer alternatives to the manner in which the Services are provided. The requested Services and corresponding deliverables are as follows:

(a) Scope: The TWDB intends to award an annual contract for the analysis of constituents listed in Attachments 1a and 1b of up to 1,000 samples during a one (1) year period. All Services provided must be tested in conformance with the United States Environmental Protection Agency (EPA) methodology.

(b) Standards: The Respondent will perform Services on the parameters requested and will complete all analyses according to the procedures set forth in "Standard Methods for the Examination of Water and Wastewater", current edition, or in "Methods for Chemical Analysis of Water and Wastewater", current edition. If a standard method is not available, the analytical method used must be a method approved by the TWDB's representative.

(c) Provision of Sampling Materials: The Contractor must, at no additional cost, provide and ship all packing materials, sample bottles, and sample bottles with pre-measured preservation acids of appropriate concentration as necessary to the TWDB and their cooperating sampling entities upon request. The Contractor must retain the samples for 30 days after the Final Analytical Report has been submitted to the TWDB in the event that the TWDB requests re-testing.

(d) Re-testing: The TWDB may request re-testing of any questionable analytical results. The re-test must be performed in compliance with the holding time of the sample whenever possible. The cost of the re-test will be absorbed by the Contractor if the re-test produces different results, or whenever a cation/anion imbalance of greater than five percent (>5%) occurs. If the results of the re-test are the same, the TWDB will pay for the cost of re-testing.

(e) Sample logging: For samples that require both major ions and isotope analyses, the Contractor must assign one work order number for routine (in-house) samples and a separate work order number for subcontracted analyses.

(f) Lab Analysis of Major Ions and Trace Elements: The Contractor will analyze all constituents listed in Attachment 1a within one month from the receipt of date shown on the chain of custody. The TWDB may add or remove, at its discretion, additional analytes to this list during the period of the contract.

(g) Lab Analysis of Isotopes and Radiogenic Constituents: The contractor will subcontract the analysis of all constituents listed in Attachment 1b to the labs as listed. The Contractor may subcontract with other laboratories after consulting with the labs and upon prior approval by the TWDB. The TWDB may add or remove, at its discretion, individual analytes during the period of this contract.

(h) Delivery of Samples: The Contractor must be able to receive the samples in Austin, Texas, Monday through Friday, 8:00 a.m. to 6:00 p.m., Central Standard Time.

(i) Delivery of Results: The Contractor must submit the final analytical reports for analyses run in-house in paper copy and electronically (PDF and EDD (electronic data deliverable) in the format specified in Attachment 1c) to the TWDB within one (1) week of completion of analysis. The Contractor must return the original chain of custody records to TWDB within the same time frame. The final paper copy and PDF report must include the laboratory identification number, the state well number, the client identification number, the sample collection date, the analytical results, the methods used, the units of measure, the practical quantitative limits, the date analyzed, the analyst of record, and the STORET code for each analyte. The results of isotopic analyses must be mailed to TWDB's attention upon immediate completion by the subcontracting lab. On the first day of the month, the contractor must update TWDB on the progress of the subcontracted lab analyses.

(j) Online Posting of Results: The Contractor must post a copy in PDF and EDD formats of the final results as "provisional data" on the Contractor's website, to be accessed by the public by state well number. The Contractor will also provide a link to any previous analyses for the sampled well that exist in the TWDB groundwater database through linking to the TWDB's Water Information Integration and Dissemination (WIID) online mapping application.

(k) Inspections: The Contractor will allow inspection of its laboratory facilities and its analytical processes prior to award of a contract as well as during the term of the contract by TWDB.

(l) Invoicing: The contractor will provide TWDB an invoice upon completion of analysis and after lab results have been provided in PDF and EDD formats and mail these to TWDB together with the individual invoices for payment. Each invoice will include the individual analytes processed and the cost per analyte, number of samples analyzed, the total cost of the samples, and the dates of service; the contractor will also attach hard copies of the analytical results associated with the invoiced amounts as appropriate.

(m) Billing Errors: Billing errors discovered by either party will be reported and corrected at any time after invoice submittal, including after the contract period has ended.

2.2 SUBCONTRACTORS. Subcontractors providing Services under the Contract shall meet the same requirements and level of experience as required of Contractor. No subcontractor shall relieve the Contractor's responsibility for ensuring the requested services are provided. Contractors planning to subcontract all or a portion of the work to be performed for the analysis of constituents listed in Attachment 1b shall identify the proposed subcontractors with the understanding, as indicated in 2.1 (g), that the subcontractors are subject to TWDB approval.

2.3 PERFORMANCE TRACKING. TWDB will monitor the performance of the Contract issued under this Request for Proposals. All Services under the Contract shall be performed on the parameters requested and all analyses will be completed according to the procedures set forth in "Standard Methods for the Examination of Water and Wastewater", current edition, or in "Methods for Chemical Analysis of Water and Wastewater", current edition. If a standard method is not available, the analytical method used must be a method approved by the TWDB's representative. TWDB specifications for analytical methods to be used are listed in Attachments 1a and 1b.

SECTION III - GENERAL INFORMATION

3.1 SCHEDULE OF EVENTS. The solicitation process for this Request for Proposals will proceed according to the following schedule:

EVENT DATE (Central Standard Time)

Issue Request for Proposals: May 27, 2009

Deadline for Submission of Request for Proposals: 12:00 p.m. - June 19, 2009

Expected Award of Contract: August 28, 2009

Expected Contract Start Date: September 1, 2009

3.2 REVISIONS TO SCHEDULE. TWDB reserves the right to change the dates in the schedule of events above upon written notification to prospective Respondents as an addendum posted on the Electronic State Business Daily.

3.3 PROPOSAL REQUIREMENTS

(a) Submissions: Respondents shall submit one (1) original Proposal along with ten (10) double-sided copies according to item (d) below. Proposal pages should be numbered and contain an organized, paginated table of contents corresponding to the section and pages of the Proposal.

(b) Costs: Respondents are responsible for all costs in the preparation and delivery of this Proposal to TWDB.

(c) Copyrights: TWDB will not consider any Proposal that bears a copyright. Proposals will be subject to the Texas Public Information Act, Texas Government Code, Chapter 552, and may be disclosed to the public upon request. Subject to the Act, Respondents may protect trade and confidential information from public release. Trade secrets or other confidential information submitted as part of a Proposal shall be clearly marked at each page it appears. Such marking(s) shall be in boldface type in at least 14 point font.

(d) Contents: Submit all information listed below for the cover sheet and five (or six) exhibits in the order given, separated by labeled and tabbed sheets, in response to this Request for Proposals. The application will only be considered if all items are submitted. Submit only the information listed this section: 3.3 Proposal Requirements, (d) Contents, unless required to submit other information as described within this Request for Proposals (such as in section 4.5 (h) or 4.7). TWDB reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors that serve in the best interest of the state.

Cover sheet: Include Respondent information in (1) through (5) on cover sheet of the proposal.

(1) Name, title, address, telephone number, facsimile number, and email address of Respondent's primary contact.

(2) Formal name and all assumed names used by the business entity; structure of business entity (i.e., sole proprietorship, partnership, corporation).

(3) State in which business entity was formed or incorporated.

(4) Whether, and to what extent, Respondent has established a physical presence in the State of Texas including relevant timeframes.

(5) Physical address and mailing address; principal place of business.

Exhibit A - Proposed Analytical Services:

Provide the information below on one spreadsheet for the analytes listed in Attachment 1a and on a second spreadsheet for the analytes listed in Attachment 1b.

(1) Methodology, Quality Control Limits, and Detection Limits for all analytes.

(2) Total price for analysis of each constituent.

Exhibit B - References, Experience, and Qualifications:

(1) Briefly describe services and the scope of activities for five firms for which your organization has provided services in the past five (5) years that demonstrate your capability to carry out similar services described within this Request for Proposals. Highlight any experience in providing similar services to public entities. Include the names, addresses, email contacts, and phone numbers of these five firms and specify the names of company representatives who may be contacted for references and performance history.

(2) Supply credentials of the employee(s) doing the actual services including, but not limited to, the Analyst/Chemist of Record, the Project Manager, and the Sample Custodian. Include resumes for all personnel who will be responsible for the management and day-to-day operations of the services solicited in the Request for Proposals. The TWDB may use other references to determine a Respondent's performance history. A single negative reference, in the TWDB's sole discretion, will be cause for disqualification of the Respondent's entire proposal.

(3) Include copies of all accreditations, approvals, and certification(s) described in section 3.8.3.

Exhibit C - Examples of Administrative Forms and Technical Documents:

(1) Chain of Custody: Include an example of the chain of custody form.

(2) Final Analytical Report: Include an example of the Final Analytical Report package; the electronic data file format; an archive schedule for samples, data, and final reports; and a copy of the laboratory's Quality Manual.

(3) A copy of the laboratory's Quality Management Plan.

(4) An archive schedule for samples, data, and final reports.

Exhibit D - Historically Underutilized Businesses (HUB) Subcontracting Plan:

(1) Include all subcontractors on the Historically Underutilized Business Subcontracting Plan (Plan) and state whether each subcontractor is certified as an Historically Underutilized Business by the State of Texas.

(2) If certified as an Historically Underutilized Business, provide the most recent date of certification. Complete and sign the remainder of the Plan forms as directed. Failure to complete and return the Plan with the submitted Proposal will result in rejection and disqualification of the Proposal.

Exhibit E - Proposal:

Sign and return the Execution of Proposal with the submitted Proposal.

Exhibit F - Business Ownership:

Pursuant to §231.006(c), Texas Family Code, bid must include Names and Social Security Numbers of each person with at least 25 percent ownership of the business entity submitting the bid. If any of the applicant's business owners control at least 25 percent, the information in Exhibit F must be provided to the contract award.

3.4 INQUIRIES.

(1) All inquiries shall be submitted in writing to Ms. Tina Newstrom at facsimile (512) 475-3009 or by e-mail to tina.newstrom@twdb.state.tx.us.

(2) Except as otherwise provided in this section, upon issuance of this Request for Proposals, other employees and representatives of TWDB will not answer questions or otherwise discuss the contents of the Request for Proposals with any potential Respondent or its representatives. Failure to observe this restriction may result in disqualification of any subsequent Request for Proposals. This restriction does not preclude discussions unrelated to this Request for Proposals.

3.5 PROPOSAL SUBMISSION.

(1) All Proposals must be received and time stamped at TWDB by the date specified in the Schedule of Events above, section 3.1. TWDB reserves the right to reject late submittals.

(2) Proposals should be placed in a separate envelope or package and correctly identified with the Request for Proposals number and submittal deadline/Request for Proposals opening date and time. It is the Respondent's responsibility to appropriately mark and deliver the Proposals to TWDB by the specified date.

(3) Telephone, facsimile or emailed Proposals will not be accepted.

(4) Receipt of all addenda, if applicable, to this Request for Proposals should be acknowledged by returning a signed copy of each addendum with the submitted Proposals.

3.6 DELIVERY OF PROPOSALS. Proposals may be submitted to TWDB by one of the following methods:

U.S. Postal Service, Overnight/Express Mail, Hand Delivery

Texas Water Development Board - Purchasing, P.O. Box 13231, Austin, TX 78711-3231

Texas Water Development Board - Purchasing, 1700 North Congress Avenue, Room 533, Austin, TX 78701, Hours - 8:00 a.m. to 5:00 p.m.

3.7 PROPOSAL OPENING. Proposals will be opened at 1700 North Congress, Room 533, Austin, Texas.

(1) All submitted Proposals become the property of TWDB after the submittal deadline/opening date.

(2) Proposals submitted shall constitute an offer for a period of ninety (90) days or until selection is made by TWDB, whichever occurs earlier.

3.8 PROPOSAL EVALUATION AND AWARD.

(1) TWDB shall award a contract to a Respondent whose Proposal is considered to provide the best value to the State of Texas, as defined by Texas Government Code, Title 10, §2155.074.

(2) A committee will be established by TWDB and will include TWDB employees to evaluate the Proposals.

(3) The evaluation committee will determine best value by applying the following criteria:

Points available:

90: Price for routine analytes in Attachment 1a and 1b

5 years = 5 or 10 years or more = 10: Certification that Respondent has a minimum of five (5) years experience as an analytical laboratory performing all of the routine analytes requested in Attachment 1a of this bid.

Partial compliance = 0 or Total compliance = 10: Conformance with U.S. Environmental Protection Agency (U.S. EPA) methodology for analytes in Attachment 1a.

Yes = 10; No = 0: Accredited in accordance with The National Environmental Laboratory Accreditation Program (NELAP) standards.

0 - 10: Ability, capacity, and skill to perform the contract or provide the service required, including efficient invoicing and billing.

0 - 20: Ability to take over post collection sample processing, including packing, icing, and shipping, if necessary.

0 - 10: Sufficiency of the Respondent's financial resources and ability to perform the contract or provide the service.

0 - 10: History of performance.

0 - 10: Character, responsibility, integrity, and reputation.

Total Possible: 180

(4) The evaluation committee will determine if Best and Final Offers are necessary. Award of a contract may be made without Best and Final Offers. TWDB may, at its discretion, elect to have Respondents provide oral presentations and respond to inquiries from the evaluation committee related to their Proposals. A request for a Best and Final Offer is at the sole discretion of TWDB and will be extended in writing.

(5) In evaluating Proposals to determine the best value for the State, TWDB may consider information related to past contract performance of a Respondent including, but not limited to, the Texas Building and Procurement Commission (TBPC) Contractor Performance Tracking System (available at http://www.tbpc.state.tx.us/stpurch/venvpts.html).

SECTION IV - GENERAL TERMS AND CONDITIONS

4.1 Any Contract awarded as a result of this Request for Proposals will contain the general terms and conditions such as those listed in the SAMPLE CONTRACT in Attachment B. Subcontractors are also obliged to comply with these provisions.

4.2 The Contract shall be governed, construed, and interpreted under the laws of the State of Texas. The factors listed in Texas Government Code, Title 10, Subtitle D, §§2155.074, 2155.144, 2156.007, 2157.003 shall also be considered in making an award when specified. Any legal actions must be filed in Travis County, Texas.

4.3 PATENTS OR COPYRIGHTS. The Contractor agrees to protect the State and TWDB from claims involving infringement of patents or copyrights.

4.4 CONTRACTOR ASSIGNMENTS. The Contractor hereby assigns to TWDB any and all claims for overcharges associated with this contract arising under the antitrust laws of the United States 15 U.S.C.A. §§1, et seq. (1973), and the antitrust laws of the State of Texas, Texas Business and Commerce Code Annotated §§15.01, et seq. (1967).

4.5 RESPONDENT'S AFFIRMATION. Signing the Execution of Proposal (Exhibit E) with a false statement is a material breach of contract and shall void the submitted Proposal or any resulting contracts, and the Respondent shall be removed from all bid lists. By signature hereon affixed on Exhibit E the Respondent hereby certifies that:

(a) The Respondent has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted bid.

(b) Neither the Respondent nor the firm, corporation, partnership, or institution represented by the Respondent, or anyone acting for such firm, corporation or institution has violated the antitrust laws of this State or the Federal Antitrust Laws (see section 4.4 above), nor communicated directly or indirectly the Request for Proposals made to any competitor or any other person engaged in such line of business.

(c) Pursuant to §2155.004, Texas Government Code, the Respondent has not received compensation for participation in the preparation of the specifications for this Proposal.

(d) Pursuant to §231.006(d), Texas Family Code, re: child support, the Respondent certifies that the individual or business entity named in this bid is not ineligible to receive the specified payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate.

(e) Under §2155.004, Texas Government Code, the Respondent certifies that the individual or business entity named in this Proposal or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.

(f) The Contractor shall defend, indemnify, and hold harmless the State of Texas, all of its officers, agents and employees from and against all claims, actions, suits, demands, proceedings, costs, damages, and liabilities, arising out of, connected with, or resulting from any acts or omissions of Contractor or any agent, employee, subcontractor, or supplier of Contractor in the execution or performance of this contract.

(g) The Respondent agrees that any payments due under this contract will be applied towards any debt, including but not limited to delinquent taxes and child support, that is owed to the State of Texas.

(h) The Respondent certifies that they are in compliance with §669.003 of the Texas Government Code, relating to contracting with the executive head of a State agency. If §669.003 applies, the Respondent will complete the following information in order for the bid to be evaluated:

Name of Former Executive:

Name of State Agency:

Date of Separation from State Agency:

Position with Respondent:

Date of Employment with Respondent:

(i) The Respondent agrees to comply with Texas Government Code §2155.4441, pertaining to service contract use of products produced in the State of Texas.

(j) The Contractor understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. The Contractor further agrees to cooperate fully with the State Auditor's Office or its successor in the conducting of the audit or investigation, including providing all records requested. The Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Contractor and the requirement to cooperate is included in any subcontract it awards.

4.6 The Texas Water Development Board (TWDB) is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing - Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism, effective September 24, 2001, and any subsequent changes made to it via cross-referencing Respondents/Contractors with the Federal General Services Administration's Excluded Parties List System (EPLS, http://www.epls.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list.

4.7 Pursuant to §231.006(c), Texas Family Code, bid must include Names and Social Security Numbers of each person with at least 25 percent ownership of the business entity submitting the bid. Enter each person's Name and Social Security Number. This information must be provided prior to the contract award. (see Exhibit F)

4.8 Any terms and conditions attached to a Proposal will not be considered unless specifically referred to in this Request for Proposals form and may result in disqualification of the bid.

4.9 The dispute resolution process provided for in Chapter 2260 of the Texas Government Code must be used by the TWDB and the Contractor to attempt to resolve all disputes arising under this contract.

4.10 NON-APPROPRIATION OF FUNDS. The State's funds are contingent on the availability of lawful appropriations by the Texas Legislature. If the Texas Legislature fails to continue funding for the payments due under an order referencing this Contract, the order will terminate as of the date that the funding expires, and the State will have no further obligation to make any payments.

4.11 Information, documentation, and other material in connection with this solicitation or any resulting contract may be subject to public disclosure pursuant to Chapter 552 of the Texas Government Code (the "Public Information Act"). Any part of the solicitation response that is of a confidential or proprietary nature must be clearly and prominently marked as such by the Respondent.

4.12 TECHNOLOGY ACCESS CLAUSE. The Contractor expressly acknowledges that state funds may not be expended in connection with the purchase of an automated information system unless that system meets certain statutory requirements relating to accessibility by persons with visual impairments. Accordingly, the Contractor represents and warrants to the qualified ordering entity that the technology provided to the qualified ordering entity for purchase is capable, either by virtue of features included within the technology or because it is readily adaptable by use with other technology, of:

(1) providing equivalent access for effective use by both visual and nonvisual means;

(2) presenting information, including prompts used for interactive communications, in formats intended for both visual and nonvisual use; and

(3) being integrated into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired.

For purposes of this clause, the phrase "equivalent access" means a substantially similar ability to communicate with or make use of the technology, either directly by features incorporated within the technology or by other reasonable means such as assistive devices or services that would constitute reasonable accommodations under the Federal Americans with Disabilities Act or similar state or federal laws. Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands and other means of navigating graphical displays and customizable display appearance.

4.13 Exemption Declaration. Pursuant to the provisions of the Texas Government Code, §2157.005(d), this requirement is for the purchase of a wireless communication device to be used by peace officers, firefighters, and other emergency response personnel to respond to a public safety emergency. The provisions of the Technology Access Clause do not apply.

4.14 Any individual who interacts with public purchasers in any capacity is required to adhere to the guidelines established in the Texas Administrative Code, §111.4. The rule outlines the ethical standards required of public purchasers, employees, and Contractors who interact with public purchasers in the conduct of state business.

4.15 Specifically, a TWDB employee may not have an interest in, or in any manner be connected with, a contract or bid for a purchase of goods or services by an agency of the state; or in any manner, including by rebate or gift, accept or receive from a person to whom a contract may be awarded, directly or indirectly, anything of value or a promise, obligation, or contract for future reward or compensation. Entities who are interested in seeking business opportunities with the state must be mindful of these restrictions when interacting with public purchasers of TWDB or purchasers of other state agencies.

4.16 Respondents understand that the TWDB does not tolerate any type of fraud. The agency's policy is to promote consistent, legal, and ethical organizational behavior by assigning responsibilities and providing guidelines to enforce controls. Any violations of law, agency policies, or standards of ethical conduct will be investigated and appropriate actions will be taken. Providers are expected to report any possible fraudulent or dishonest acts, waste, or abuse to the agency's Internal Audit Director at (512) 463-7978 or Shari.Daffern@twdb.state.tx.us.

ATTACHMENT 1A

List of Routine Analytes (to be analyzed with specified methodology or instrument, if applicable) and Cation/Anion Balance

Alkalinity, Total

Alkalinity, Phenol

Bromide

Chloride

Fluoride

Nitrate, nitrite/nitrate, Automated Flow Analysis (AFA)

Silica

Sulfate

Aluminum, dissolved, Inductively Coupled Plasma Mass Spectrometer (ICPMS)

Antimony, dissolved, ICPMS

Arsenic, dissolved, ICPMS

Barium, dissolved, ICPMS

Beryllium, dissolved, ICPMS

Boron, dissolved

Cobalt, dissolved, ICPMS

Copper, dissolved, ICPMS

Iron, dissolved

Lead, dissolved, ICPMS

Lithium, dissolved, ICPMS

Manganese, dissolved, ICPMS

Molybdenum dissolved, ICPMS

Selenium, dissolved, ICPMS

Strontium, dissolved

Thallium, dissolved, ICPMS

Vanadium, dissolved, ICPMS

Zinc, dissolved, ICPMS

Calcium, dissolved

Magnesium, dissolved

Phosphorus, dissolved

Potassium, dissolved

Sodium, dissolved

Cadmium, dissolved, ICPMS

Chromium, dissolved, ICPMS

Uranium, dissolved, ICPMS

Cation/Anion Balance

ATTACHMENT 1B

List of Isotopic and Radiogenic Analytes (to be analyzed with lab(s) as listed and methodology or instrument, if applicable)

Tritium (secondary enrichment) (4)

Tritium-Helium (1, 5)

Carbon-14 with carbon-13 correction, Accelerator Mass Spectrometry Technique (AMS Technique) (2, 8)

Oxygen-18 (1, 3, 6)

Deuterium (1, 3, 6)

Sulfur-34 and oxygen-18 on sulfates (1, 3, 6)

Sulfur Hexafluoride (1, 5)

Chlorofluorocarbon (1, 5)

Chlorine-36 (8)

Strontium-87/Strontium-86 (7)

Iodide (9, 11)

Gross Alpha, total (9, 10)

Uranium-series (U-234, U-235, U-238) (8, 9)

Radium (226/228) (9, 10)

List of Isotope Laboratories

(1) U.S. Geological Survey Isotope Laboratory, 431 National Center, 12201 Sunrise Valley Drive, Reston, VA 20191, http://isotopes.usgs.gov/, Contact: (703) 648-5859

(2) BETA Analytic, 4985 S.W. 74th Court, Miami, FL 33155, http://www.radiocarbon.com/, Email: info@radiocarbon.com, Contact: (305) 667-5167

(3) Isotech Lab., Inc., 1308 Parkland Court, Champaign, IL 61821, http://www.isotechlabs.com/, E-mail: steve@isotechlabs.com, Contact: (877) 362-4190

(4) Tritium Laboratory, University of Miami Rosenstiel School of Marine and Atmospheric Sciences, 4600 Rickenbacker Causeway, Miami, FL 33149-1098, http://www.rsmas.miami.edu/groups/tritium/, E-mail: tritium@rsmas.miami.edu, Contact: (305) 421-4100

(5) Noble Gas Isotope Laboratory, Rosenstiel School of Marine and Atmospheric Sciences, 4600 Rickenbacker Causeway, Miami, FL 33149-1098, http://www.rsmas.miami.edu/groups/noble-gas/contact.php, Contact: Dr. James Happell, (305) 421-4111

(6) ZYMAX Forensics, 600 Andreasen Drive, Suite B, Escondido, CA 92029, http://www.dpra.com/index.cfm/m/149, Contact: alan.jeffrey@dpra.com, (760) 781-3338

(7) Purdue Rare Isotope Measurement Laboratory, Purdue University, 525 Northwestern Avenue, West Lafayette, IN 47907-2036, http://www.physics.purdue.edu/primelab/, Contact: (765) 494-5381

(8) Department of Earth, Atmospheric and Planetary Sciences, MIT, Building 54-1126, Cambridge, MA 02139, http://www-eaps.mit.edu/research/group/IGLab/, Contact: pbwalsh@mit.edu, (617) 253-3775

(9) Energy Laboratories, Inc., P.O. Box 3258, Casper, WY 82602, http://www.energylab.com/, Contact: sgarling@energylab.com, (888) 235-0515

(10) Xenco Laboratories, 842 Cantwell Lane, Corpus Christi, TX 78408, http://www.xenco.com/index.html, Contact: kelly.steinberg@xenco.com, (281) 638-1319

(11) Ana-Lab, 2600 Dudley Rd., Kilgore, TX 75663 http://www.ana-lab.com/web/, Contact: corp@ana-lab.com, (903) 984-5914

ATTACHMENT 1C

Example of electronic data format for submittal of analysis results by state well number

update dbo.waterqua set q00415_phen_alk = 0, q00415_flag = "<" where state_well_number = 8455328 and mm_date = 09 and dd_date = 24 and yydate = 2008;

update dbo.waterqua set q00937_potass_mgl = 7.86, q00937_flag = " " where state_well_number = 8455328 and mm_date = 09 and dd_date = 24 and yydate = 2008;

update dbo.waterqua set q00910_calcium_mgl = 44.4, q00910_flag = " " where state_well_number = 8455328 and mm_date = 09 and dd_date = 24 and yydate = 2008;

update dbo.waterqua set q00951_fluoride_mg = 0.60, q00951_flag = " " where state_well_number = 8455328 and mm_date = 09 and dd_date = 24 and yydate = 2008;

update dbo.waterqua set q00410_total_alk = 216, q00410_flag = " " where state_well_number = 8455328 and mm_date = 09 and dd_date = 24 and yydate = 2008;

update dbo.waterqua set q00940_chloride_mg = 235, q00940_flag = " " where state_well_number = 8455328 and mm_date = 09 and dd_date = 24 and yydate = 2008;

update dbo.waterqua set q00945_sulfate_mgl = 48.0, q00945_flag = " " where state_well_number = 8455328 and mm_date = 09 and dd_date = 24 and yydate = 2008;

update dbo.waterqua set q01080_strontium = 1.1, q01080_flag = " " where state_well_number = 8455328 and mm_date = 09 and dd_date = 24 and yydate = 2008;

update dbo.waterqua set q00920_magnes_mgl = 18.3, q00920_flag = " " where state_well_number = 8455328 and mm_date = 09 and dd_date = 24 and yydate = 2008;

update dbo.waterqua set q00929_sodium_mgl = 170, q00929_flag = " " where state_well_number = 8455328 and mm_date = 09 and dd_date = 24 and yydate = 2008;

update dbo.waterqua set q71850_nitrate_mgl = 0.02, q71850_flag = "<" where state_well_number = 8455328 and mm_date = 09 and dd_date = 24 and yydate = 2008;

update dbo.waterqua set q00955_silica_mgl = 28.1, q00955_flag = " " where state_well_number = 8455328 and mm_date = 09 and dd_date = 24 and yydate = 2008;

insert into dbo.infreqconst values (8455328,09,24,2008,"1","01145"," "," 6.76",null);

insert into dbo.infreqconst values (8455328,09,24,2008,"1","01130"," "," 27.6",null);

insert into dbo.infreqconst values (8455328,09,24,2008,"1","01046"," "," 223",null);

insert into dbo.infreqconst values (8455328,09,24,2008,"1","01090"," "," 22.8",null);

insert into dbo.infreqconst values (8455328,09,24,2008,"1","01080"," "," 1100",null);

insert into dbo.infreqconst values (8455328,09,24,2008,"1","01005"," "," 104",null);

insert into dbo.infreqconst values (8455328,09,24,2008,"1","81366","<"," 0.1",0.1);

insert into dbo.infreqconst values (8455328,09,24,2008,"1","01095","<"," 1.02",null);

insert into dbo.infreqconst values (8455328,09,24,2008,"1","00631","<"," 0.02",null);

insert into dbo.infreqconst values (8455328,09,24,2008,"1","01085"," "," 1.55",null);

insert into dbo.infreqconst values (8455328,09,24,2008,"1","01060"," "," 1.57",null);

insert into dbo.infreqconst values (8455328,09,24,2008,"1","22703"," "," 1.89",null);

insert into dbo.infreqconst values (8455328,09,24,2008,"1","71870"," "," 1.08",null);

insert into dbo.infreqconst values (8455328,09,24,2008,"1","01503"," "," 7.9",4);

insert into dbo.infreqconst values (8455328,09,24,2008,"1","71890","<"," 0.200",null);

insert into dbo.infreqconst values (8455328,09,24,2008,"1","01106","<"," 4.08",null);

insert into dbo.infreqconst values (8455328,09,24,2008,"1","09511","<"," 0.1",0.2);

insert into dbo.infreqconst values (8455328,09,24,2008,"1","01000","<"," 2.04",null);

insert into dbo.infreqconst values (8455328,09,24,2008,"1","01057","<"," 1.02",null);

insert into dbo.infreqconst values (8455328,09,24,2008,"1","01020"," "," 628",null);

insert into dbo.infreqconst values (8455328,09,24,2008,"1","01049","<"," 1.02",null);

insert into dbo.infreqconst values (8455328,09,24,2008,"1","01056"," "," 15.2",null);

insert into dbo.infreqconst values (8455328,09,24,2008,"1","01040","<"," 1.02",null);

insert into dbo.infreqconst values (8455328,09,24,2008,"1","01035","<"," 1.02",null);

insert into dbo.infreqconst values (8455328,09,24,2008,"1","01030","<"," 1.02",null);

insert into dbo.infreqconst values (8455328,09,24,2008,"1","01025","<"," 1.02",null);

insert into dbo.infreqconst values (8455328,09,24,2008,"1","01010","<"," 1.02",null);

insert into dbo.infreqconst values (8455328,09,24,2008,"1","50938"," "," 2.71",null);

insert into dbo.infreqconst values (8455328,09,24,2008,"1","01075","<"," 1.02",null);

TRD-200902054

Kenneth L. Petersen

General Counsel

Texas Water Development Board

Filed: May 27, 2009