Capital Area Rural Transportation System
The Capital Area Rural Transportation System (CARTS) is requesting bids for 22 and 25 foot cutaway buses on behalf of all Rural Transit Districts in Texas participating in this joint procurement.
It is anticipated that 120-150 buses will purchased under this procurement. Texas state law requires that bus purchases be made through a certified Texas dealer.
Bid documents will be available on March 10, 2009. If you are a licensed Texas dealer for this type of bus, or a manufacturer of this type of bus, and you wish to receive an electronic copy of the bid document, send a request to TexasBusBuy@RideCARTS.com. All correspondence and actions related to this bid will be done by electronic mail ONLY.
The schedule for the pre-bid conference and other events for this procurement will be provided with the bid documents. A public bid opening for this procurement is scheduled to be conducted at CARTS, 2010 East 6th Street, Austin, Texas 78702 at 2:00 p.m. CST on April 15, 2009.
TRD-200900880
David Marsh
General Manager
Capital Area Rural Transportation System
Filed: February 26, 2009
The Texas Comptroller of Public Accounts (Comptroller) announces this notice of no contract award and the withdrawal of the Request for Proposals, RFP #186b for bank loan investment management services for the Texas Prepaid Higher Education Tuition Board.
The notice of issuance of the RFP was published in the May 30, 2008, issue of the Texas Register (33 TexReg 4349).
TRD-200900912
William Clay Harris
Assistant General Counsel, Contracts
Comptroller of Public Accounts
Filed: March 2, 2009
The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.005, and 303.009, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 03/09/09 - 03/15/09 is 18% for Consumer1 /Agricultural/Commercial2/credit through $250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 03/09/09 - 03/15/09 is 18% for Commercial over $250,000.
The monthly ceiling as prescribed by §303.0053 for the period of 03/01/09 - 03/31/09 is 18% for Consumer/Agricultural/Commercial/credit through $250,000.
The monthly ceiling as prescribed by §303.005 for the period of 03/01/09 - 03/31/09 is 18% for Commercial over $250,000.
1Credit for personal, family or household use.
2Credit for business, commercial, investment or other similar purpose.
3For variable rate commercial transactions only.
TRD-200900920
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: March 3, 2009
Notice of Correction: Request for Applications Concerning Dropout Prevention Mini-Grants
The Texas Education Agency (TEA) published Request for Applications (RFA) #701-09-111 concerning Dropout Prevention Mini-Grants for school year 2008-2009 in the February 6, 2009, issue of the Texas Register (34 TexReg 868).
The TEA is amending the deadline for receipt of applications. Applications must be received in the TEA Document Control Center by 5:00 p.m. (Central Time), Tuesday, April 14, 2009, to be eligible to be considered for funding. This correction reflects a change from the original deadline date of Thursday, March 26, 2009.
Further Information. For clarifying information about the RFA, contact Kathy Mihalik, Division of Discretionary Grants, TEA, (512) 463-9269.
TRD-200900928
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: March 4, 2009
The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075. Section 7.075 requires that, before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is April 13, 2009 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.
A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-2545 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on April 13, 2009. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs shall be submitted to the commission in writing.
(1) COMPANY: AMBICA CORPORATION dba Pecan Food Mart; DOCKET NUMBER: 2009-0019-PST-E; IDENTIFIER: RN101382018; LOCATION: Austin, Travis County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 Texas Administrative Code (TAC) §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor underground storage tanks (USTs) for releases; and 30 TAC §334.51(a)(6) and the Code, §26.3475(c)(2), by failing to ensure that all spill and overfill prevention devices are maintained in good operating condition; PENALTY: $2,625; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5700, (512) 339-2929.
(2) COMPANY: Aqua Water Supply Corporation; DOCKET NUMBER: 2008-1790-MWD-E; IDENTIFIER: RN102076890; LOCATION: Elgin, Bastrop County; TYPE OF FACILITY: iron removal plant and associated water treatment; RULE VIOLATED: 30 TAC §305.125(1), Texas Pollutant Discharge Elimination System (TPDES) Permit Number 14225001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with permit effluent limits for total suspended solids (TSS) and flow; PENALTY: $5,800; Supplemental Environmental Project (SEP) offset amount of $4,640 applied to Lower Colorado River Authority's Household Hazardous Waste and Reusable Materials Collection; ENFORCEMENT COORDINATOR: Jeremy Escobar, (512) 239-1460; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5700, (512) 339-2929.
(3) COMPANY: ASHNOOR, L.L.C. dba Kempwood 66; DOCKET NUMBER: 2008-1681-PST-E; IDENTIFIER: RN101761609; LOCATION: Houston, Harris County; TYPE OF FACILITY: convenience store with resale of gasoline; RULE VIOLATED: 30 TAC §115.244(1) and (3) and Texas Health and Safety Code (THSC), §382.085(b), by failing to conduct daily and monthly inspections of the Stage II vapor recovery system (VRS); 30 TAC §115.248(1) and THSC, §382.085(b), by failing to ensure that at least one station representative received training in the operation and maintenance of the Stage II VRS and each current employee receives in-house Stage II vapor recovery training; 30 TAC §115.246(1) and (3) and THSC, §382.085(b), by failing to maintain all required Stage II records at the station and make them immediately available for review; 30 TAC §115.242(1)(C) and THSC, §382.085(b), by failing to upgrade the Stage II equipment to onboard refueling vapor recovery (ORVR) compatible systems; and 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; PENALTY: $8,419; ENFORCEMENT COORDINATOR: Wallace Myers, (512) 239-6580; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(4) COMPANY: Belco Manufacturing Company, Inc.; DOCKET NUMBER: 2008-1952-AIR-E; IDENTIFIER: RN100215524; LOCATION: Belton, Bell County; TYPE OF FACILITY: fiberglass tank manufacturing plant; RULE VIOLATED: 30 TAC §122.143(4) and §122.146(2), Federal Operating Permit Number O-02192, General Terms and Conditions, and THSC, §382.085(b), by failing to submit the annual compliance certification; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(5) COMPANY: Brumley Manufacturing, LLC; DOCKET NUMBER: 2009-0006-AIR-E; IDENTIFIER: RN105555767; LOCATION: Hempstead, Waller County; TYPE OF FACILITY: welding fabrication plant; RULE VIOLATED: 30 TAC §116.110(a) and THSC, §382.0518(a) and §382.085(b), by failing to obtain authorization for air emissions; PENALTY: $2,100; ENFORCEMENT COORDINATOR: Bryan Elliott, (512) 239-6162; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(6) COMPANY: C & R Distributing, Inc.; DOCKET NUMBER: 2008-1417-AIR-E; IDENTIFIER: RN102492139; LOCATION: El Paso, El Paso County; TYPE OF FACILITY: unmanned gasoline dispensing site; RULE VIOLATED: 30 TAC §115.252(2) and THSC, §382.085(b), by failing to comply with the maximum Reid vapor pressure requirement of seven pounds per square inch absolute; PENALTY: $1,000; ENFORCEMENT COORDINATOR: Kirk Schoppe, (512) 239-0489; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.
(7) COMPANY: City of Cedar Park; DOCKET NUMBER: 2008-1552-MWD-E; IDENTIFIER: RN102845914; LOCATION: Cedar Park, Williamson County; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: the Code, §26.121(d), by failing to prevent a discharge of a pollutant into the waters of the state; PENALTY: $10,000; SEP offset amount of $10,000 applied to holding a collection event to collect, properly dispose, or recycle household non-hazardous materials; ENFORCEMENT COORDINATOR: Danielle Porras, (512) 239-2602; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5700, (512) 339-2929.
(8) COMPANY: Cherokee Independent School District; DOCKET NUMBER: 2008-1731-PWS-E; IDENTIFIER: RN101279057; LOCATION: Cherokee, San Saba County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(c)(3)(A)(ii), by failing to collect a set of repeat coliform samples with 24 hours of being notified of a total coliform positive result; 30 TAC §290.109(f)(3) and THSC, §341.031(a), by exceeding the maximum contaminant level for total coliform; and 30 TAC §290.109(c)(2)(F), by failing to collect at least five routine distribution samples following a total coliform positive sample result; PENALTY: $3,008; ENFORCEMENT COORDINATOR: Amanda Henry, (713) 767-3500; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(9) COMPANY: Chevron Phillips Chemical Company LP; DOCKET NUMBER: 2008-1771-AIR-E; IDENTIFIER: RN102320850; LOCATION: Borger, Hutchinson County; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(b)(2)(F) and (c), Air Permit Number 7719A, Special Condition (SC) Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $6,400; ENFORCEMENT COORDINATOR: Nadia Hameed, (713) 767-3500; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.
(10) COMPANY: Circleville Store & Grain, Inc.; DOCKET NUMBER: 2008-1610-AIR-E; IDENTIFIER: RN104396551; LOCATION: Taylor, Williamson County; TYPE OF FACILITY: grain elevator; RULE VIOLATED: 30 TAC §116.110(a) and THSC, §382.0518(a) and §382.085(b), by failing to obtain proper permit authorization prior to the start of operations of a grain elevator; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Kirk Schoppe, (512) 239-0489; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5700, (512) 339-2929.
(11) COMPANY: Comcast of Houston, LLC; DOCKET NUMBER: 2008-1766-PWS-E; IDENTIFIER: RN104415823 and RN104415815; LOCATION: Houston, Harris County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(c)(2)(A)(i) and §290.122(c)(2)(B) and THSC, §341.033(d), by failing to collect routine distribution water samples for coliform analysis and by failing to provide public notification of the failure to sample at the Comcast Keith Harrow and Comcast Old Galveston Road facilities; PENALTY: $4,252; ENFORCEMENT COORDINATOR: Epifanio Villarreal, (361) 825-3100; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(12) COMPANY: Concan Country Club, Inc.; DOCKET NUMBER: 2008-1752-MLM-E; IDENTIFIER: RN105628572; LOCATION: Concan, Uvalde County; TYPE OF FACILITY: golf course, country club, and residential development; RULE VIOLATED: 30 TAC §213.23(a)(1), by failing to obtain approval of an Edwards Aquifer Contributing Zone Plan prior to beginning construction of a regulated activity; and 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations (CFR) §122.26(c), by failing to obtain authorization to discharge storm water associated with construction activities; PENALTY: $14,000; ENFORCEMENT COORDINATOR: Lanae Foard, (512) 239-2554; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(13) COMPANY: ConocoPhillips Company; DOCKET NUMBER: 2008-1636-AIR-E; IDENTIFIER: RN102495884; LOCATION: Borger, Hutchinson County; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §101.20(3) and §116.715(a) and (c)(7), New Source Review (NSR) Flexible Air Permit Number 9868A/PSD-TX-102M6, SC Number 1, and THSC, §382.085(b), by failing to comply with permitted emissions limits for nitrogen oxides; PENALTY: $10,100; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.
(14) COMPANY: Bennie Dennis; DOCKET NUMBER: 2008-1808-WOC-E; IDENTIFIER: RN105618458; LOCATION: Fort Worth, Tarrant County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §30.5(a) and §30.331(b) and the Code, §26.0301(c) and §37.003, by failing to obtain a wastewater treatment operator Class "D" license; PENALTY: $1,992; ENFORCEMENT COORDINATOR: Carlie Konkol, (361) 825-3100; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(15) COMPANY: City of Fredericksburg; DOCKET NUMBER: 2008-1563-MSW-E; IDENTIFIER: RN102211844; LOCATION: Fredericksburg, Gillespie County; TYPE OF FACILITY: landfill; RULE VIOLATED: 30 TAC §37.131 and §37.271(5), by failing to provide an acceptable financial assurance annual inflation update; PENALTY: $970; ENFORCEMENT COORDINATOR: Michael Graham, (806) 796-7092; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(16) COMPANY: City of Hawk Cove; DOCKET NUMBER: 2008-1821-MWD-E; IDENTIFIER: RN104265848; LOCATION: Hunt County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0014522001, Effluent Limitations and Monitoring Requirements Numbers 1 and 3, and the Code, §26.121(a), by failing to comply with permitted effluent limits for TSS, pH, ammonia-nitrogen, and five-day carbonaceous biochemical oxygen demand; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(17) COMPANY: Francisca Richter dba Hillside Water Works; DOCKET NUMBER: 2008-1559-PWS-E; IDENTIFIER: RN101228492; LOCATION: near Vinton, El Paso County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.271(b) and §290.274(a) and (c), by failing to mail or directly deliver one copy of the consumer confidence report (CCR) to each bill paying customer 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; PENALTY: $383; ENFORCEMENT COORDINATOR: Stephen Thompson, (512) 239-2558; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.
(18) COMPANY: Houston County Ready-Mix Concrete Company Inc.; DOCKET NUMBER: 2008-1920-AIR-E; IDENTIFIER: RN105606586; LOCATION: Crockett, Houston County; TYPE OF FACILITY: concrete manufacturing plant; RULE VIOLATED: 30 TAC §116.110(a)(2)(A) and §116.611(b) and THSC, §382.0518(a) and §382.085(b), by failing to obtain a permit prior to beginning construction of a concrete batch plant; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(19) COMPANY: I.C.A. Properties, Inc. dba Airline Mobile Home Park; DOCKET NUMBER: 2008-1728-MLM-E; IDENTIFIER: RN101224889; LOCATION: Midland, Midland County; TYPE OF FACILITY: unauthorized disposal site; RULE VIOLATED: 30 TAC §111.201 and §330.15(c) and THSC, §382.085(b), by failing to comply with the general prohibition on outdoor burning and by failing to prevent the unauthorized disposal of municipal solid waste; PENALTY: $1,705; ENFORCEMENT COORDINATOR: Clinton Sims, (512) 239-6933; REGIONAL OFFICE: 3300 North A Street, Building 4-107, Midland, Texas 79705-5406, (432) 570-1359.
(20) COMPANY: Thomas Rifai dba J & J Truck Stop; DOCKET NUMBER: 2008-1678-PST-E; IDENTIFIER: RN104314869; LOCATION: Ponder, Denton County; TYPE OF FACILITY: convenience store and truck stop with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.10(b), by failing to maintain UST records and make them immediately available for inspection; 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to timely renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form; 30 TAC §334.8(c)(5)(A)(i) and the Code, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate; 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; and 30 TAC §334.50(d)(1)(B)(ii) and the Code, §26.3475(c)(1), by failing to provide release detection by failing to conduct reconciliation of detailed inventory control records; PENALTY: $9,518; ENFORCEMENT COORDINATOR: Michael Pace, (817) 588-5800; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(21) COMPANY: Lone Star Petroleum, LP dba Cook Shell; DOCKET NUMBER: 2008-1782-PST-E; IDENTIFIER: RN102795010; LOCATION: Houston, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; PENALTY: $6,096; ENFORCEMENT COORDINATOR: Brianna Carlson, (956) 425-6010; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(22) COMPANY: Francisco Cornejo dba Marble Palace Company; DOCKET NUMBER: 2008-1192-WQ-E; IDENTIFIER: RN105360010; LOCATION: Fort Worth, Tarrant County; TYPE OF FACILITY: construction site; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 CFR §122.26(c), by failing to obtain authorization to discharge storm water associated with construction activities; PENALTY: $2,100; ENFORCEMENT COORDINATOR: Steve Villatoro, (512) 239-4930; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(23) COMPANY: NuStar Terminals Partners TX L.P.; DOCKET NUMBER: 2008-1799-AIR-E; IDENTIFIER: RN100218767; LOCATION: Texas City, Galveston County; TYPE OF FACILITY: bulk storage; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 1677, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §101.201(f) and THSC, §382.085(b), by failing to provide additional information regarding the emissions event that occurred on May 9, 2008; PENALTY: $4,394; ENFORCEMENT COORDINATOR: Roshondra Lowe, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(24) COMPANY: Pecan Grove Homes, LP; DOCKET NUMBER: 2008-1676-WQ-E; IDENTIFIER: RN104620216; LOCATION: Schertz, Guadalupe County; TYPE OF FACILITY: wastewater collection system; RULE VIOLATED: the Code, §26.121(a), by failing to prevent the unauthorized discharge of raw sewage; and 30 TAC §30.350(n), by failing to have a licensed operator supervise the wastewater collection system operation and maintenance activities; PENALTY: $6,050; ENFORCEMENT COORDINATOR: Lauren Smitherman, (512) 239-5223; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(25) COMPANY: Poly Trucking, Inc. dba Poly-Trucking; DOCKET NUMBER: 2008-1720-PST-E; IDENTIFIER: RN101542710; LOCATION: Grand Prairie, Dallas County; TYPE OF FACILITY: truck fleet refueling; RULE VIOLATED: 30 TAC §115.246(1) and (4) and THSC, §382.085(b), by failing to maintain Stage II records at the station and make them available for review; 30 TAC §115.244(3) and THSC, §382.085(b), by failing to conduct monthly inspections of the Stage II VRS; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; 30 TAC §115.242(1)(C) and THSC, §382.085(b), by failing to upgrade the Stage II equipment to ORVR compatible systems; 30 TAC §334.10(b), by failing to maintain the required UST records and make them immediately available for inspection; 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) and the Code, §26.3475(c)(1), by failing to monitor USTs for releases; 30 TAC §334.50(b)(2) and the Code, §26.3475(a), by failing to provide proper release detection for the pressurized piping associated with the USTs; 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475(a), by failing to test the line leak detectors at least once per year for performance and operational reliability; 30 TAC §334.50(d)(1)(B)(ii) and the Code, §26.3475(c)(1), by failing to conduct reconciliation of detailed inventory control records; 30 TAC §334.50(d)(1)(B)(iii)(I) and the Code, §26.3475(c)(1), by failing to conduct inventory volume measurement for regulated substance inputs, withdrawals, and the amount still remaining in the tank each operating day; 30 TAC §334.51(a)(6) and the Code, §26.3475(c)(2), by failing to ensure that all spill and overfill prevention devices are maintained in good operating condition; 30 TAC §334.45(c)(3)(A), by failing to ensure that the emergency shutoff valves were securely anchored at the base of the dispensers; and 30 TAC §334.48(a) and the Code, §26.121(a)(1), by failing to ensure the station's UST system was operated, maintained, and managed in accordance with industry practices; PENALTY: $34,919; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(26) COMPANY: QUICK TRACK INCORPORATED dba Quick Track; DOCKET NUMBER: 2008-1744-PST-E; IDENTIFIER: RN103028874; LOCATION: Fort Worth, Tarrant County; TYPE OF FACILITY: convenience store; RULE VIOLATED: 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II VRS; PENALTY: $2,631; ENFORCEMENT COORDINATOR: Michael Pace, (817) 588-5800; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(27) COMPANY: REHMANIA CLEANERS, L.L.C. dba Premier Cleaners; DOCKET NUMBER: 2008-1367-DCL-E; IDENTIFIER: RN100560523; LOCATION: Houston, Harris County; TYPE OF FACILITY: dry cleaning; RULE VIOLATED: 30 TAC §337.11 and THSC, §374.102, by failing to renew the dry cleaning facility registration by completing and submitting the required registration form; PENALTY: $2,164; ENFORCEMENT COORDINATOR: Michael Graham, (806) 796-7092; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(28) COMPANY: Amirali Ladhani and Fatima Ladhani dba Rick's Drive In; DOCKET NUMBER: 2008-1916-PST-E; IDENTIFIER: RN101907780; LOCATION: Leming, Atascosa County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 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) and the Code, §26.3475(c)(1), by failing to monitor the UST for releases; 30 TAC §334.50(d)(1)(B)(ii) and the Code, §26.3475(c)(1), by failing to conduct reconciliation of detailed inventory control records; 30 TAC §334.50(d)(1)(B)(iii)(I) and the Code, §26.3475(c)(1), by failing to record inventory volume measurement for regulated substance inputs, withdrawals, and the amount still remaining in the tank each operating day; 30 TAC §334.8(c)(5)(C), by failing to ensure that a legible tag, label, or marking with the tank number is permanently applied upon or affixed to either the top of the fill tube or to a nonremovable point in the immediate area of the fill tube; 30 TAC §334.45(c)(3)(A), by failing to ensure that the emergency shutoff valves were securely anchored at the base of the dispensers; and 30 TAC §334.7(d)(3), by failing to notify the agency of any change or additional information regarding the UST; PENALTY: $9,760; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(29) COMPANY: S.A.A.A. ENTERPRISES, INC. dba West Airport Food Mart; DOCKET NUMBER: 2008-1656-PST-E; IDENTIFIER: RN102262854; LOCATION: Houston, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.248(1) and THSC, §382.085(b), by failing to ensure that at least one station representative received training in the operation and maintenance of the Stage II VRS and each current employee receives in-house Stage II vapor recovery training regarding the purpose and correct operation of the Stage II equipment; 30 TAC §115.246(1) and THSC, §382.085(b), by failing to maintain all required Stage II records at the station and make them immediately available for review; 30 TAC §115.242(1)(C) and THSC, §382.085(b), by failing to upgrade the Stage II equipment to ORVR systems; and 30 TAC §115.242(3) and THSC, §382.085(b), by failing to maintain the Stage II VRS in proper operating condition and free of detects; PENALTY: $3,150; ENFORCEMENT COORDINATOR: Wallace Myers, (512) 239-6580; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(30) COMPANY: Shell Oil Company and Shell Chemical LP; DOCKET NUMBER: 2008-1092-AIR-E; IDENTIFIER: RN100211879; LOCATION: Deer Park, Harris County; TYPE OF FACILITY: petroleum refinery and chemical manufacturing plant; RULE VIOLATED: 30 TAC §§101.20(3), 116.115(b)(2)(F) and (c), 116.715(a) and (c)(7), Flexible Permit Number 21262/PSD-TX-928, SC Number 1, NSR Permit Number 3219/PSD-TX-974, SC Number 6, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $71,900; SEP offset amount of $35,950 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Bryan Elliott, (512) 239-6162; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(31) COMPANY: SUNESARA INVESTMENT INC. dba Baytown Market 2; DOCKET NUMBER: 2008-1944-PST-E; IDENTIFIER: RN101787802; LOCATION: Baytown, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.246(5) and (6) and THSC, §382.085(b), by failing to maintain Stage II records at the station; 30 TAC §115.242(1)(C) and THSC, §382.085(b), by failing to upgrade the Stage II equipment to ORVR compatible systems; 30 TAC §115.242(3)(J) and THSC, §382.085(b), by failing to maintain the Stage II VRS in proper operating condition; and 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; PENALTY: $6,146; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(32) COMPANY: City of Thornton; DOCKET NUMBER: 2008-1740-PWS-E; IDENTIFIER: RN101239580; LOCATION: Thornton, Limestone County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(e)(4)(B) and THSC, §341.033(a), by failing to operate the water system under the direct supervision of a water works operator who holds a Class "C" or higher license; PENALTY: $282; ENFORCEMENT COORDINATOR: Andrea Linson-Mgbeoduru, (512) 239-1482; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(33) COMPANY: Trinity Materials, Inc.; DOCKET NUMBER: 2008-1803-WQ-E; IDENTIFIER: RN101923027; LOCATION: Bronte, Coke County; TYPE OF FACILITY: sand and gravel mining operation; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 CFR §122.26, by failing to obtain authorization to discharge storm water associated with an industrial activity; PENALTY: $770; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.
(34) COMPANY: TXI OPERATIONS, LP; DOCKET NUMBER: 2008-1751-IWD-E; IDENTIFIER: RN102740073; LOCATION: Frisco, Denton County; TYPE OF FACILITY: ready-mixed concrete plant; RULE VIOLATED: 30 TAC §305.125(1), TPDES General Permit Number TXG110167, Permit Requirements Part III, Section A, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for TSS and pH; PENALTY: $14,400; SEP offset amount of $5,760 applied to Keep Texas Beautiful; ENFORCEMENT COORDINATOR: Lanae Foard, (512) 239-2554; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(35) COMPANY: Tyson Fresh Meats, Inc.; DOCKET NUMBER: 2008-1836-IWD-E; IDENTIFIER: RN100212943; LOCATION: Potter County; TYPE OF FACILITY: beef packing plant with wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0001873000, Conditions of the Permit, Application Rates, and the Code, §26.121(a), by failing to apply treated wastewater to the irrigation field at or below the permitted application rate; and 30 TAC §305.125(1), TPDES Permit Number WQ0001873000, Conditions of the Permit, Quality, and the Code, §26.121(a), by failing to meet the permitted effluent limits for pH; PENALTY: $3,040; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.
TRD-200900914
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: March 3, 2009
The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony regarding proposed amendments to 30 TAC Chapter 21, Water Quality Fees, and Chapter 290, Public Drinking Water, under the requirements of Texas Health and Safety Code, §382.017; and Texas Government Code, Chapter 2001, Subchapter B.
The proposed rulemaking would increase the Public Health Services Fee, the Consolidated Water Quality Fee, and the Water Use Assessment Fee to ensure that there are sufficient funds to carry out the tasks required to protect water resources in the state.
A public hearing on this proposal will be held in Austin on April 7, 2009, at 10:00 a.m. at the Texas Commission on Environmental Quality complex at 12100 Park 35 Circle in Building E, Room 201S. The hearing will be structured for the receipt of oral or written comments. Registration begins 30 minutes prior to the hearing. Individuals may present oral statements when called upon in order of registration. A time limit may be established to assure enough time is allowed for every interested person to speak. There will be no open discussion during the hearing; however, commission staff members will be available for discussion 30 minutes prior to the hearing and will answer questions before and after the hearing.
Persons planning to attend the hearing, who have special communication or other accommodation needs, should contact Patricia Durón at (512) 239-6087. Requests should be made as far in advance as possible.
Comments may be submitted to Patricia Durón, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at http://www5.tceq.state.tx.us/rules/ecomments. File size restrictions may apply to comments submitted through the eComments system. All comments should reference Rule Project Number 2009-007-021-PR. The comment period closes April 13, 2009. To view rules, please visit http://www.tceq.state.tx.us/nav/rules/propose_adopt.html. For further information or questions concerning this proposal, please contact Kathleen Ramirez, Water Supply Division, at (512) 239-6757.
TRD-200900901
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: February 27, 2009
The following notices were issued during the period of February 23, 2009 through February 27, 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
HINES NURSERIES INC. which operates Hines Nurseries, a wholesale container plant nursery, has applied for a renewal of Permit No. WQ0003015000 with changes to remove authorization to treat and discharge domestic wastewater. The existing permit authorizes the discharge of storm water runoff, irrigation water runoff, and treated domestic wastewater at a daily maximum flow not to exceed 1,000,000 gallons per day via Outfall 001. The facility is located at 11017 on Farm-to-Market Road 359 approximately one half mile south of Farm-to-Market Road 1093 north of the City of Rosenburg, Fort Bend County, Texas.
CITY OF BRYSON has applied for a renewal of Permit No. WQ0010135001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 60,000 gallons per day via surface irrigation of 43.5 acres of agricultural non-public access land seeded with bermuda grass and wheat crops. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facilities and disposal sites are: The Imhoff tank and sludge drying beds are located on the east side of a gravel road known as Lovers Lane, 0.5 mile south of the intersection with U.S. Highway 380 in Jack County, Texas; the stabilization ponds and irrigation site are located approximately 0.5 mile south-southeast of the intersection of U.S. Highway 380 and Farm-to-Market Road 1191 in Jack County, Texas.
CITY OF WILSON has applied for a renewal of Permit No. WQ0010624001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 58,000 gallons per day via evaporation. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located approximately 0.8 mile southwest of the intersection of Farm-to-Market Roads 400 and 211 and approximately 600 feet west of Farm-to-Market Road 400 in Lynn County, Texas.
CITY OF CEDAR PARK has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. WQ0012308001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 5,000,000 gallons per day. The facility is located one mile southeast of the intersection of U.S. Highway 183 and Brushy Creek Road in the City of Cedar Park in Williamson County, Texas.
AQUA UTILITIES INC. has applied for a renewal of TPDES Permit No. WQ0013022001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 88,000 gallons per day. The facility is located at 4704 Blue Water Circle, on the north shore of Lake Granbury, approximately 2 miles from the Lake Granbury Dam and south of Hood County Road No. 309 in Hood County, Texas.
MILLSAP INDEPENDENT SCHOOL DISTRICT has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of Permit No. WQ0013537001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 16,000 gallons per day via surface irrigation of 13 acres of limited access athletic fields. The permittee will maintain bermuda grass on the disposal site. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located approximately 1,700 feet northeast of the intersection of Farm-to-Market Road 3028 and Farm-to-Market Road 113 in Parker County, Texas.
NEW ULM WATER SUPPLY CORPORATION has applied for a renewal of TPDES Permit No. WQ0013655001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 50,000 gallons per day. The facility is located on Bernard Road, one mile southeast of the intersection of Farm-to-Market Road 109 and Farm-to-Market Road 1094 in Austin County, Texas
AUS-TEX PARTS AND SERVICES LTD has applied for a renewal of TPDES Permit No. WQ0014104001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 99,000 gallons per day. The facility will be located approximately 1,500 feet west-northwest of the intersection of State Highway 21 and Old Lockhart Road in Caldwell 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-200900930
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: March 4, 2009
The State Office of Administrative Hearings (SOAH) issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality (TCEQ) on February 27, 2009, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. City of Thornton; SOAH Docket No. 582-08-1895; TCEQ Docket No. 2006-0571-MWD-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against City of Thornton on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Melissa Chao, Office of the Chief Clerk, (512) 239-3300.
TRD-200900931
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: March 4, 2009
Request for Proposals #303-9-10711-A
The Texas Facilities Commission (TFC), on behalf of the Health and Human Services Commission, announces the issuance of Request for Proposals (RFP) #303-9-10711-A. TFC seeks a five year lease of approximately 7,000 square feet of warehouse space in Beaumont, Texas.
The deadline for questions is March 20, 2009, and the deadline for proposals is March 27, 2009, at 3:00 p.m. The award date is April 18, 2009. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant.
Parties interested in submitting a proposal may obtain information by contacting TFC Purchaser Sandy Williams at (512) 475-0453. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=81328.
TRD-200900934
Kay Molina
General Counsel
Texas Facilities Commission
Filed: March 4, 2009
The Grayson County Regional Mobility Authority ("GCRMA"), a political subdivision of the State of Texas, is seeking qualifications from professional financial advisory firms interested in providing financial advisory services to the GCRMA.
A request for qualifications ("RFQ") packet may be obtained electronically from the website of the GCRMA at http://www.co.grayson.tx.us/gcrma.htm. Copies will also be available by contacting the GCRMA at (903) 786-3566. Periodic updates, addenda, and clarifications may be posted on the GCRMA website, and interested parties are responsible for monitoring the website accordingly. Final proposals must be received by the Grayson County Regional Mobility Authority, 4700 Airport Drive, Denison, Texas 75020 by 4:00 p.m., C.S.T., March 30, 2009, to be eligible for consideration.
Each firm will be evaluated based on the criteria and process set forth in the RFQ. The final selection of the GCRMA financial advisor(s) will be made by the GCRMA Board of Directors.
TRD-200900924
Mike Shahan
Director
Grayson County Regional Mobility Authority
Filed: March 3, 2009
Notice of Request for Proposal for Zoonosis Control Branch's Animal Friendly Grants for the Spay/Neuter Project
INTRODUCTION
The Department of State Health Services (DSHS), Zoonosis Control Branch, announces a Request for Proposal (RFP) for the sterilization of dogs and cats owned by the general public at minimal or no cost. The RFP was released on February 27, 2009.
PURPOSE
The availability of fiscal year 2010 state funds from the sale of Animal Friendly license plates is expected to provide grants for the sterilization of dogs and cats owned by the public at no or minimal cost.
PERIOD OF PROJECT
The contract will begin on September 1, 2009, and will be made for a 12-month budget period with a project period of 2 years.
AVAILABLE FUNDS
Approximately $225,000 is expected to be available to fund multiple contracts. One grant award per project period will be awarded per agency for the sterilization of dogs and/or cats in a minimum amount of $5,000 to a maximum amount of $20,000 per year. The specific dollar amount awarded to each applicant depends upon the merit and scope of the proposed project.
ELIGIBLE APPLICANTS
Eligible applicants include: a private or public animal shelter (releasing agency); an organization that is qualified as a charitable organization under Internal Revenue Code, §501(c)(3), that has animal welfare or sterilizing dogs and cats owned by the general public at minimal or no cost as its primary purpose; or a local nonprofit veterinary medical association - an organization set up by and comprised of several volunteer veterinarians in their immediate region for the purpose of presenting continuing education, planning group activities, or discussing issues common to their professional field, and has an established program for sterilizing dogs and cats owned by the general public at minimal or no cost. If an applicant is currently debarred, suspended, or otherwise excluded or ineligible for participation in federal or state assistance programs, the applicant is ineligible to apply for funds under this RFP.
SCHEDULE OF EVENTS
Issuance of the RFP: February 27, 2009
Application Deadline: May 1, 2009, 2:00 p.m. Central Standard Time
Award Notification: June 20, 2009
Contract Start Date: September 1, 2009
TO OBTAIN A COPY OF THE RFP
It is preferred that requests to obtain a copy of the RFP be downloaded from the Electronic State Business Daily (ESBD) website at http://esbd.cpa.state.tx.us. Those organizations without Internet access may obtain a copy of the RFP by contacting Anna James, Client Services Contracting Unit MC 1886, P.O. Box 149347, Room T-502, Department of State Health Services, 1100 West 49th Street, Austin, Texas 78756-3199, Fax: (512) 458-7351, email: annam.james@dshs.state.tx.us
CONTACT PERSON
All communications concerning the RFP shall be addressed in writing, by mail, by fax, or by email to Anna James, Client Services Contracting Unit MC 1886, Room T-502, Department of State Health Services, P.O. Box 149347, 1100 West 49th Street, Austin, Texas 78756-3199, Fax: (512) 458-7351, email: annam.james@dshs.state.tx.us.
TRD-200900898
Lisa Hernandez
General Counsel
Department of State Health Services
Filed: February 27, 2009
The Houston-Galveston Area Council (H-GAC) is issuing a Request for Quotes (RFQ) for a Portable Kiosk Job Matching System. This System must be capable of matching job seekers' skills/experience with employer job orders within a customized database. Bids would be based on a per Kiosk basis with an estimated 14 in the 13 county Gulf Coast region. Quotes may be submitted to H-GAC, Human Services-Workforce, P.O. Box 22777, Houston, Texas 77227-2777, by calling Carol Kimmick at (713) 627-3200 or email carol.kimmick@hgac.com. Quotes are due at the H-GAC offices, 3555 Timmons Lane, Suite 120, Houston, Texas 77027 no later than 12:00 p.m. (noon) Central Standard Time on Monday, March 16, 2009. Late quotes will not be accepted. There will be no exceptions.
TRD-200900921
Jack Steele
Executive Director
Houston-Galveston Area Council
Filed: March 3, 2009
Application for admission to the State of Texas by AMERICAN INTERNATIONAL PACIFIC INSURANCE COMPANY, a foreign fire and casualty company. The home office is in Denver, Colorado.
Application for admission to the State of Texas by AMERICAN INTERNATIONAL INSURANCE COMPANY OF DELAWARE, a foreign fire and casualty company. The home office is in Wilmington, Delaware.
Application to change the name of MAIDEN REINSURANCE COMPANY to GMAC DIRECT INSURANCE COMPANY, a foreign fire and casualty company. The home office is in Maryland Heights, Missouri.
Application for incorporation in the State of Texas by GLOBAL GUARDIAN INSURANCE COMPANY, a domestic fire and casualty company. The home office is in El Paso, Texas.
Application to change the name of MBIA INSURANCE CORP. OF ILLINOIS, a foreign fire and casualty company. The home office is in Springfield, Illinois.
Application for incorporation in the State of Texas by THE WOODLANDS INSURANCE COMPANY, a domestic fire and casualty company. The home office is in The Woodlands, Texas.
Application to do business in the State of Texas by UNIVERSAL HMO OF TEXAS, INC., a domestic Health Maintenance Organization. The home office is in Dallas, 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-200900933
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: March 4, 2009
The following third party administrator applications have been filed with the Texas Department of Insurance and are under consideration.
Application of HPHG, LLC (using the assumed name of CAPROCK HEALTHPLANS), a domestic third party administrator. The home office is LUBBOCK, TEXAS.
Application of NORTH AMERICAN RISK SERVICES, INC., a foreign third party administrator. The home office is WILMINGTON, DELAWARE.
Any objections must be filed within 20 days after this notice is published in the Texas Register, addressed to the attention of David Moskowitz, MC 305-2E, 333 Guadalupe, Austin, Texas 78701.
TRD-200900929
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: March 4, 2009
Instant Game Number 1187 "Snow Dough"
1.0 Name and Style of Game.
A. The name of Instant Game No. 1187 is "SNOW DOUGH". The play style is "key number match with auto win".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1187 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 1187.
A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.
C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, BELL SYMBOL, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $100, $1,000 and $20,000.
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. 1187 - 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, $10.00 or $20.00.
G. Mid-Tier Prize - A prize of $50.00 or $100.
H. High-Tier Prize - A prize of $1,000 or $20,000.
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 (1187), 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: 1187-0000001-001.
K. Pack - A pack of "SNOW DOUGH" Instant Game tickets contains 125 tickets, packed in plastic shrink-wrapping and fanfolded in pages of two (2). One ticket will be folded over to expose a front and back of one ticket on each pack. Please note the books will be in an A, B, C and D configuration.
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 "SNOW DOUGH" Instant Game No. 1187 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 "SNOW DOUGH" 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 WINNING NUMBER play symbol, the player wins PRIZE shown for that number. If a player reveals a "BELL" play symbol, the player wins 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 "BELL" (auto win) play symbol will never appear more than once on a ticket.
C. No more than two (2) matching non-winning prize symbols on a ticket.
D. No duplicate WINNING NUMBERS 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. 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 will appear on every ticket unless otherwise restricted.
2.3 Procedure for Claiming Prizes.
A. To claim a "SNOW DOUGH" Instant Game prize of $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, or $100, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required to pay a $50.00 or $100 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "SNOW DOUGH" Instant Game prize of $1,000 or $20,000, 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 "SNOW DOUGH" 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 "SNOW DOUGH" 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 "SNOW DOUGH" 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 8,040,000 tickets in the Instant Game No. 1187. The approximate number and value of prizes in the game are as follows:
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. 1187 without advance notice, at which point no further tickets in that game may be sold. The determination of the closing date and reasons for closing the game will be made in accordance with the instant game closing procedures and the Instant Game Rules, 16 TAC §401.302(j).
6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 1187, 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-200900883
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: February 27, 2009
Design and Master Planning Services for Galveston Island Redevelopment, Galveston Island State Park
This Pre-Solicitation Notice is for information purposes only. This is not a request for submission of proposals or qualifications. Responses or other inquiries are not appropriate at this time.
The Infrastructure Division of the Texas Parks and Wildlife Department (TPWD) intends to issue a Request for Qualifications (RFQ) for Professional Design and Master Planning Services for Redevelopment, Galveston Island State Park, Galveston County, Texas on March 19, 2009.
Detailed information about the requirements and selection process will be provided in the RFQ. The purpose of this Pre-Solicitation Notice is to inform qualified entities interested in providing these services that the release of the RFQ is imminent.
Upon issuance of the RFQ on March 19, 2009, all solicitation information will be available electronically on TPWD's website: http://www.tpwd.state.tx.us/business/bidops/current_bid_opportunities/construction/ and on the Electronic State Business Daily website at http://esbd.cpa.state.tx.us.
Hard copy documents relating to the March solicitation for Professional Design and Master Planning Services will also available at no charge by calling (512) 389-4442 or by e-mailing a request to contracting@tpwd.state.tx.us.
Galveston Island State Park was destroyed by Hurricane Ike in September 2008. In an effort to restore the park for public use, TPWD has requested funds from the current legislative session. The redevelopment of Galveston Island State Park will consist of developing a Master Plan which will direct the overall programming and location of all park facilities. The plan shall recommend a multi-phased construction approach. The initial phase of construction will allow park visitors daily recreational use of appropriate amenities within the Park infrastructure. The completed construction project will restore Galveston Island SP to a fully functional park with overnight camping capabilities.
The goal of the solicitation is to award a Professional Design Services contract to the most qualified firm to provide design and master planning services for the subject project in accordance with Government Code Chapter 2254.
TRD-200900896
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Filed: February 27, 2009
Announcement of Application for Amendment to a State-Issued Certificate of Franchise Authority
The Public Utility Commission of Texas received an application on February 23, 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 Cable One, Inc. for an Amendment to its State-Issued Certificate of Franchise Authority, Project Number 36731 before the Public Utility Commission of Texas.
The requested amended CFA service area includes the City of Aransas Pass, 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 36731.
TRD-200900879
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 26, 2009
The Public Utility Commission of Texas (commission) received an application on February 25, 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 Telecom Cable, LLC for an Amendment to its State-Issued Certificate of Franchise Authority, Project Number 36738 before the Public Utility Commission of Texas.
The requested amended CFA service area includes the municipalities of Bruni, Encincal, Oilton, and Stockdale, 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 36738.
TRD-200900917
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 3, 2009
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on February 23, 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 1 Starview Solutions, L.P. d/b/a Starview Solutions for a Service Provider Certificate of Operating Authority, Docket Number 36729 before the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service, Optical Services, T1-Private Line, Fractional T1, and long distance services.
Applicant's requested SPCOA geographic area includes the entire state of Texas.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than March 18, 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 36729.
TRD-200900881
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 26, 2009
Notice is given to the public of the filing with the Public Utility Commission of Texas an application on February 26, 2009, for waiver of denial by the Pooling Administrator (PA) of Southwestern Bell Telephone Company d/b/a AT&T Texas' (AT&T Texas) request for assignment of one thousand-block of numbers in the Grapevine rate center.
Docket Title and Number: Petition of Southwestern Bell Telephone Company d/b/a AT&T Texas for Waiver of Denial of Numbering Resources, Docket Number 36744.
The Application: AT&T Texas submitted an application to the PA for the requested blocks in accordance with the current guidelines. The PA denied the request because AT&T Texas did not meet the months-to-exhaust and utilization criteria established by the Federal Communications Commission.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than March 18, 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 36744.
TRD-200900918
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 3, 2009
Request for Proposals - Legal Services
The San Antonio-Bexar County Metropolitan Planning Organization (MPO) is seeking qualifications/proposals for Legal Services.
A copy of the Request for Qualifications/Proposals (RFQ/P) may be requested by downloading the RFQ/P from the MPO's website at www.sametroplan.org or calling Jeanne Geiger, Deputy Director, at (210) 227-8651. Anyone wishing to submit a proposal must do so by 12:00 p.m. (CST), Friday, April 10, 2009, at the MPO office to:
Isidro "Sid" Martinez
Director
San Antonio-Bexar County Metropolitan Planning Organization
825 South Saint Mary's
San Antonio, Texas 78205
The MPO's Executive Committee will review the qualifications/proposals and the contract award will be made by the MPO's Transportation Policy Board.
Funding is contingent upon the availability of Federal transportation planning funds.
TRD-200900932
Jeanne Geiger
Deputy Director
San Antonio-Bexar County Metropolitan Planning Organization
Filed: March 4, 2009
Order Adopting Amendments to Texas Rule of Disciplinary Procedure 6.06 and Board of Disciplinary Appeals Internal Procedural Rules
Misc. Docket No. 09-9034
ORDERED that:
1. Texas Rule of Disciplinary Procedure 6.06 and the Internal Procedural Rules of the Board of Disciplinary Appeals (BODA) are amended as follows.
2. These changes, with any modifications made after public comments are received, take effect July 1, 2009. Comments may be submitted to the Court in writing on or before June 1, 2009. Comments should be directed to Kennon L. Peterson, Rules Attorney, at P.O. Box 12248, Austin. Texas, 78711, or kennon.peterson@courts.state.tx.us.
3. The Clerk is directed to:
a. file a copy of this Order with the Secretary of State;
b. cause a copy of this Order to be mailed to each registered member of the State Bar of Texas by publication in the Texas Bar Journal;
c. send a copy of this Order to each elected member of the Legislature; and
d. cause a copy of this Order to be posted on the website of the Supreme Court of Texas at http://www.supreme.courts.state.tx.us.
In Chambers, this 24th day of February, 2009.
____________________________________
Wallace B. Jefferson, Chief Justice
____________________________________
Nathan L. Hecht, Justice
____________________________________
Harriet O'Neill, Justice
____________________________________
J. Dale Wainwright, Justice
____________________________________
Scott Brister, Justice
____________________________________
David M. Medina, Justice
____________________________________
Paul W. Green, Justice
____________________________________
Phil Johnson, Justice
____________________________________
Don R. Willett, Justice
TEXAS RULES OF DISCIPLINARY PROCEDURE
6.06. Publication of Court
and Board of Disciplinary Appeals Opinions
All cases involving the Professional Misconduct or Disability
of an attorney appealed to the Courts of Appeals or to the Supreme
Court of Texas must be published in the official reporter system.
This provision takes precedence over the applicable Texas Rules of
Appellate Procedure.
A. Court Opinions: Notwithstanding the Texas Rules of Appellate Procedure, in any case arising out of a Complaint, an opinion of a court of appeals has precedential value regardless of its designation.
B. Board of Disciplinary Appeals Opinions: Board of Disciplinary Appeals opinions are open to the public and must be made available to public reporting services, print or electronic, for publishing. These opinions are persuasive, not precedential, in disciplinary proceedings tried in district court.
Comment to 2009 change: Rule 6.06 is divided into two subdivisions. Subdivision A is amended to remove an outdated reference to the official reporter system. Subdivision A is also amended to be consistent with amendments to Texas Rule of Appellate Procedure 47, intended to prospectively discontinue designating opinions as either "published" or "unpublished." But unlike the erroneously designated opinions addressed in Texas Rule of Appellate Procedure 47.7(b), the erroneously designated opinions addressed in this rule have precedential value from 1992 on. Subdivision B addresses Board of Disciplinary Appeals (BODA) opinions and includes a distribution provision similar to Texas Rule of Appellate Procedure 47.3. This change provides for the publication of BODA opinions issued in any type of case, whether pursuant to BODA's original or appellate jurisdiction.
BODA INTERNAL PROCEDURAL RULES
Rule 1.16 BODA Opinions
(a) BODA may render judgment with or without written opinion in any disciplinary matter. In accordance with TRDP 6.06, all written opinions of BODA are open to the public and shall be made available to the public reporting services, print or electronic, for publishing. A majority of the members who participate in considering the disciplinary matter must determine if an opinion will be written. The names of the participating members must be noted on all written opinions of BODA.
(b) Only a member who participated in the decision of a disciplinary matter may file or join in a written opinion concurring in or dissenting from the judgment of BODA. For purposes of this Rule, in hearings in which evidence is taken, no member may participate in the decision unless that member was present at the hearing. In all other proceedings, no member may participate unless that member has reviewed the record. Any member of BODA may file a written opinion in connection with the denial of a hearing or rehearing en banc.
(c) A BODA determination in an appeal from a grievance classification decision under TRDP 2.10 is not a judgment for purposes of this Rule and may be issued without a written opinion.
Rule 4.10 Decision and Judgment
(a) Decision. BODA may affirm in whole or in part the decision of the evidentiary panel, modify the panel's finding(s) and affirm the finding(s) as modified, reverse in whole or in part the panel's finding(s) and render such decision as the panel should have rendered, or reverse the panel's finding(s) and remand the cause for further proceedings to be conducted by:
(1) the panel that entered the finding(s); or
(2) a statewide grievance committee panel appointed by BODA and composed of members selected from the state bar districts other than the district from which the appeal was taken.
(b) Opinions. BODA may render judgment with or without written
opinion.
(b c) Notice of Orders and Judgment.
When BODA renders judgment or grants or overrules
a motion, the clerk shall give notice to the parties or their attorneys
of record of the disposition made of the cause or of the motion, as
the case may be. The notice shall be given by first-class mail and
be marked so as to be returnable to the clerk in case of nondelivery.
(c d) Mandate. In
every case where BODA reverses or otherwise modifies the judgment
appealed from, BODA shall issue a mandate in accordance with its judgment
and deliver it to the evidentiary panel.
TRD-200900923
Kennon Peterson
Rules Attorney
Supreme Court of Texas
Filed: March 3, 2009
Misc. Docket No. 09-9012
It is hereby ORDERED that:
1. Pursuant to Section 31(a) of Article V of the Texas Constitution and Section 74.024 of the Texas Government Code, Subdivision 12.7(a)(2) of the Texas Rules of Judicial Administration is amended, as follows.
2. By Order dated November 17, 2008, in Misc. Docket No. 08-9165, the Court proposed amendments to Subdivision 12.7(a)(2) of the Texas Rules of Judicial Administration and invited public comment. The Court did not receive any comments and did not may any additional revisions to the rule.
3. The amended version of Subdivision 12.7(a)(2) of the Texas Rules of Judicial Administration takes effect on March 31, 2009.
4. The Clerk is directed to:
a. file a copy of this Order with the Secretary of State;
b. cause a copy of this Order to be mailed to each registered member of the State Bar of Texas by publication in the Texas Bar Journal;
c. send a copy of this Order to each elected member of the Legislature before December 1, 2010; and
d. submit a copy of this Order for publication in the Texas Register.
SIGNED AND ENTERED, this 10th day of February, 2009.
____________________________________________
Wallace B. Jefferson, Chief Justice
____________________________________________
Nathan L. Hecht, Justice
____________________________________________
Harriet O'Neill, Justice
____________________________________________
J. Dale Wainwright, Justice
____________________________________________
Scott Brister, Justice
____________________________________________
David M. Medina, Justice
____________________________________________
Paul W. Green, Justice
____________________________________________
Phil Johnson, Justice
____________________________________________
Don R. Willett, Justice
12.7 Costs for Copies of Judicial Records; Appeal of Assessment.
(a) Cost. The cost for a copy of a judicial record is either:
(1) the cost prescribed by statute, or
(2) if no statute prescribes the cost, the actual cost
, as
the Office of the Attorney General prescribes by rule
defined in the section 111.62, Title 1,
Texas Administrative Code
, not to exceed 125 percent of the amount prescribed by the
General Services Commission for providing public information under
Title 1, Texas Administrative Code, Sections 111.63, 111.69, and 111.70.
Comment to 2008 change: The Attorney General's rule, adopted in accordance with Section 552.262 of the Government Code, is in Section 70.3 of Title 1 of the Texas Administrative Code.
TRD-200900919
Kennon Peterson
Rules Attorney
Supreme Court of Texas
Filed: March 3, 2009
Pass-through Toll Finance Program Call - 2009
In accordance with Minute Order 111710 approved by the Texas Transportation Commission (commission) on February 26, 2009, and pursuant to Transportation Code, §222.104(b), and Title 43, Texas Administrative Code (43 TAC), Chapter 5, Subchapter E, the Texas Department of Transportation (department) issues this 2009 Program Call for highway projects to be developed on the state highway system under a pass-through toll agreement. Pursuant to 43 TAC §5.54, the commission determined that: (i) monies available that can be allocated among all proposals selected under this program call will be limited to an estimated total of $300 million in Category 12 funds, and (ii) only the following category of project costs described in 43 TAC §5.53(a)(11) will be considered as eligible for reimbursement under this program call: construction cost, exclusive of construction engineering cost, and in the case of a pass-through toll project submitted as a design-build project, the construction cost, exclusive of construction engineering costs must be broken out separately as one component of the total project cost. The cost categories of design, development (including environmental clearance, right-of-way acquisition, utility adjustment), financing, maintenance, and operation are specifically excluded.
The department will accept proposals from both public and private entities that are submitted in accordance with the terms of this notice, Minute Order 111710, and 43 TAC Chapter 5, Subchapter E. The due date for acceptance of proposals is 3:00 p.m., Tuesday, May 12, 2009. The submission must be an electronic copy of the proposal in Adobe PDF format on a labeled compact disk, along with one hard copy, addressed to Phillip Russell, Assistant Executive Director for Innovative Project Development, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701. An additional electronic copy of the proposal, along with one hard copy, should be addressed to the local District Office where the proposed project will be located. The addresses of the district offices are available on the department's internet website, www.txdot.gov.
The department will evaluate the submitted proposals using the items of criteria set forth in 43 TAC §5.55 and present its analyses to the commission. Based on the staff's analysis and the commission's evaluation of the proposals, the commission may select the proposals that provide the best value to the state and direct the department staff to attempt to negotiate the financial terms of a potential pass-through toll agreement with the selected public entity proposers, and will solicit competitive proposals under 43 TAC §5.56 for the selected private entity proposers.
In the event that an alternative funding source or a significant increase in Category 12 funding becomes available for use in the program prior to August 31, 2009, or any extended date, the commission may authorize an additional deadline period for submitting proposals to be in compliance with conditions specific to the new period, in accordance with the requirements of 43 TAC §5.54. Provided further, that in the event a critical transportation need which can be addressed with a pass-through toll agreement arises after May 12, 2009, or an alternative funding source becomes available for a specific transportation project, the commission may, at any time and irrespective of the limitations set forth in this program call, authorize acceptance of an individual proposal for development of a pass-through toll project to meet that need or utilize those funds, provided that the proposal otherwise complies with 43 TAC Chapter 5, Subchapter E.
Information regarding the proposal application guidelines for pass-through toll financing of highway projects will be available electronically on the department's website, www.txdot.gov/business, and at the following address: Texas Department of Transportation, Attn: Mark A. Marek, 118 East Riverside Drive, Building 118, Austin, Texas 78704, (512) 416-2576, on or after March 13, 2009.
TRD-200900913
Joanne Wright
Deputy General Counsel
Texas Department of Transportation
Filed: March 3, 2009