TITLE in-addition

Coastal Coordination Council

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

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC §501. Requests for federal consistency review were received for the following projects(s) during the period of May 19, 1998, through May 26, 1998:

FEDERAL AGENCY ACTIONS:

Applicant: Tesoro Marine Services, Inc.; Location: On the Sabine-Neches Waterway, at 7680 South First Avenue, in Sabine Pass, Jefferson County, Texas; Project Number 98-0220-F1; Description of Proposed Action: The applicant proposes to stabilize approximately 1,450 feet of the existing shoreline of their facility with the use of geotextile tubes. The applicant further proposes to repair the existing dock by removing or replacing old dock decking and pilings, and removing a dock approach that was damaged. In addition, the applicant requests authorization to retain a 9-foot by 60-foot steel piling/steel grating approach with associated 20-foot by 30-foot steel piling/grating platform that was constructed without a permit; Type of Application: U.S.C.O.E. permit application number 20946(01) under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403), and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

FEDERAL AGENCY ACTIVITIES:

Applicant: U.S. Environmental Protection Agency; Project Number 98-0217-F2; Description of Proposed Activity: The applicant proposes modifications to the National Pollutant Discharge Elimination System (NPDES) Storm Water Multi-Sector General Permit for Industrial Activities which will: 1) expand the permit's scope of eligibility to include certain types of facilities which had previously only been eligible for coverage under EPA's NPDES Storm Water Baseline Industrial General Permit; 2) define monitoring requirements for facilities transitioning permit coverage from the Baseline Industrial Permit to the Multi-Sector Permit; and 3) terminate the Baseline Industrial Permit after the modification to the Multi-Sector Permit becomes effective.

Applicant: U.S. Department of the Navy; Project Number 98-0221-F2; Description of Proposed Activity: The applicant proposes to prepare an Environmental Assessment (EA) to evaluate the environmental effects of constructing new U.S. Marine Corps (USMC) Training Center facilities in Galveston, Texas. The Marine Corps proposes to construct a new training center, including an administration building, and facilities for amphibious assault vehicle storage and maintenance. As part of the new construction, an amphibious assault vehicle water access ramp, vehicle wash pad, and access roadway are proposed. The proposed facilities will be located east of the existing Marine Corps Training Center Galveston on property owned by the USMC.

Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action should be referred to the Coastal Coordination Council for review and whether the action is or is not consistent with the Texas Coastal Management Program goals and policies. All comments must be received within 30 days of publication of this notice and addressed to Ms. Janet Fatheree, Council Secretary, 1700 North Congress Avenue, Room 617, Austin, Texas 78701-1495.

TRD-9808612

Garry Mauro

Chairman

Coastal Coordination Council

Filed: May 27, 1998


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Articles 1D.003, 1D.009, and 1E.003, Title 79, Revised Civil Statutes of Texas, as amended (Articles 5069-1D.003, 1D.009, and 1E.003, Vernon's Texas Civil Statutes).

The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period of 05/25/98 - 05/31/98 is 18% for Consumer 1 /Agricultural/Commercial 2 /credit thru $250,000.

The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period of 05/25/98 - 05/31/98 is 18% for Commercial over $250,000.

The judgment ceiling as prescribed by Art. 1E.003 for the period of 06/01/98 - 06/30/98 is 10% for Consumer/Agricultural/Commercial/credit thru $250,000.

The judgment ceiling as prescribed by Art. 1E.003 for the period of 06/01/98 - 06/30/98 is 10% for Commercial over $250,000.

1 Credit for personal, family or household use.

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

TRD-9808390

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: May 22, 1998


Texas Credit Union Department

Application(s) for a Merger or Consolidation

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

An application was received from West Texas Credit Union (El Paso) seeking approval to merge with TSWAG Federal Credit Union (El Paso) with West Texas Credit Union being the surviving credit union.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.

TRD-9808599

Harold E. Feeney

Commissioner

Texas Credit Union Department

Filed: May 27, 1998


Application(s) to Expand Field of Membership

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

An application was received from Service 1st Credit Union, Greenville, Texas to expand its field of membership. The proposal would permit any person residing or working within the boundaries of Hunt County, Texas that is not currently served by an employer or association sponsored credit union to be eligible for membership in the credit union.

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

TRD-9808588

Harold E. Feeney

Commissioner

Texas Credit Union Department

Filed: May 27, 1998


General Services Commission

Notice to Bidders 98-013-303

SEALED BIDS WILL BE RECEIVED BY GENERAL SERVICES COMMISSION (GSC), AUSTIN, TEXAS, TELEPHONE (512) 463-3417, ON THURSDAY, JUNE 25, 1998, AT 3:00 P.M., FOR:

Project Number 98-013-303 : Parking Garage - Lot 20, Austin, Texas. The approximate cost range for this project is $12,000,000.00.

Bid Receipt Location : General Services Commission/FCSM, 1711 San Jacinto, Bid Room 180, Austin, Texas 78701 (P. O. Box 13047, Austin, Texas 78711). After submitting bid, proceed to the second floor receptionist for directions to public bid opening.

Contractor Qualifications : Prime contractors are required to submit information to the FCSM Division, 1711 San Jacinto, Austin, Texas 78701, on FCSM's Contractor Qualification Form no later than 5:00 P.M., on June 18, 1998, to document compliance with contractor's qualification requirements for this project. Telephone (512) 463-3417 to obtain form. Information is to be used in determining if a contractor is qualified to receive a contract award for the project. Review and acceptance by FCSM of contractor qualification statements is required prior to obtaining bid documents from Architect. Failure to provide information regarding all requirements may delay acceptance which will delay receiving bid documents.

Pre-Bid Conference : A Pre-Bid Conference will be held on Tuesday, June 16, 1998, at 1:00 P.M., at the General Services Commission office, 1711 San Jacinto, Austin, Texas 78701, Conference Room 200A.

Bid Documents : Plans and specifications will be available after June 1, 1998, for prime contractors, at Ridgways, Inc., 615 South Lamar, Austin, Texas 78704, contact John Hollingsworth, (512) 441-2475, FAX: (512) 441-2535.

A refundable deposit of $300.00 for one set will be required for the bid documents. Additional sets or partial sets may be purchased from the printer for the cost of reproduction. Bid documents will be available for review at major Plan Rooms in Austin, Houston and San Antonio.

BIDS ARE TO BE MADE IN ACCORDANCE WITH STATE PROCEDURES .

TRD-9808550

Judy Ponder

General Counsel

General Services Commission

Filed: May 26, 1998


Texas Department of Health

Uranium By-Product Material License Amendment - Exxon Corporation

The Texas Department of Health (department) gives notice that uranium by-product material license RW1431 issued to Exxon Corporation, for its Ray Point Project located in Live Oak County near Three Rivers, Texas (mailing address: Exxon Corporation, P. O. Box 1314, Houston, Texas 77251-1314) has been amended to change the title of the person to be designated as radiation safety officer; delete or modify references and conditions pertaining to certain expired or terminated authorizations; and renumber the license to Radioactive Material License L01431 to reflect the transfer of jurisdiction to the department by the 75th Session of the Texas Legislature. This transfer was effective July 20, 1997.

The department's Bureau of Radiation Control, Division of Licensing, Registration and Standards has determined, pursuant to 25 Texas Administrative Code (TAC) Chapter 289, that the licensee has met the standards appropriate to this amendment: (a) The licensee, Exxon Corporation, is qualified by reason of training and experience to use the material in question for the purpose requested in such a manner as to protect public health and safety, and the environment; (b) the applicant's equipment, facilities, and procedures are adequate to protect public health and safety, and the environment; (c) the issuance of the license amendment will not be inimical to public health and safety, nor have a long-term detrimental impact on the environment; (d) the applicant has demonstrated financial capability to conduct the activity including all costs associated with decommissioning, decontamination, disposal, reclamation, and long-term care and maintenance (if necessary); and (e) the applicant satisfies all applicable special requirements in 25 TAC §289.260. No environmental assessment is necessary for this action, since the department has determined that the action will not have a significant impact on the human environment.

This notice affords the opportunity for a public hearing upon written request by a person affected by the amendment to the license. A written hearing request must be received within 30 days from the date of publication of this notice in the Texas Register , from a person affected. A person affected is defined as a person who is a resident of the county, or a county adjacent to the county, in which the radioactive materials are or will be located, including any person who is doing business or who has a legal interest in the county or adjacent county, and any local government in the county; and who can demonstrate that he has suffered or will suffer actual injury or economic damage. A person affected may request a hearing by writing Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189. Any request for a hearing must contain the name and address of the person who considers himself affected by agency action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is to be represented by an attorney, the name and address of the attorney also must be stated. Should no request for a public hearing be timely filed, the license will remain in effect.

Copies of all relevant material are available for public inspection and copying at the Bureau of Radiation Control, Texas Department of Health, 8407 Wall Street, Austin, Texas. Information relative to the amendment of this specific radioactive material license may be obtained by contacting Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189, by calling (512) 834-6688, or by visiting 8407 Wall Street, Austin, Texas.

TRD-9808615

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: May 27, 1998


Uranium By-Product Material License Amendment - USX Corporation

The Texas Department of Health (department) gives notice that uranium by-product material license RW2449 issued to USX Corporation, for its George West Project located in Live Oak County near George West, Texas (mailing address: USX Corporation, P. O. Drawer V, George West, Texas 78022) has been amended to change the radiation safety officer; delete or modify references and conditions pertaining to certain expired or terminated authorizations; and renumber the license to Radioactive Material License L02449 to reflect the transfer of jurisdiction to the department by the 75th Session of the Texas Legislature. This transfer was effective July 20, 1997.

The department's Bureau of Radiation Control, Division of Licensing, Registration and Standards has determined, pursuant to 25 Texas Administrative Code (TAC) Chapter 289, that the licensee has met the standards appropriate to this amendment: (a) The licensee, USX Corporation, is qualified by reason of training and experience to use the material in question for the purpose requested in such a manner as to protect public health and safety, and the environment; (b) the applicant's equipment, facilities, and procedures are adequate to protect public health and safety, and the environment; (c) the issuance of the license amendment will not be inimical to public health and safety, nor have a long-term detrimental impact on the environment; (d) the applicant has demonstrated financial capability to conduct the activity including all costs associated with decommissioning, decontamination, disposal, reclamation, and long-term care and maintenance (if necessary); and (e) the applicant satisfies all applicable special requirements in 25 TAC §289.260. No environmental assessment is necessary for this action, since the department has determined that the action will not have a significant impact on the human environment.

This notice affords the opportunity for a public hearing upon written request by a person affected by the amendment to the license. A written hearing request must be received within 30 days from the date of publication of this notice in the Texas Register , from a person affected. A person affected is defined as a person who is a resident of the county, or a county adjacent to the county, in which the radioactive materials are or will be located, including any person who is doing business or who has a legal interest in the county or adjacent county, and any local government in the county; and who can demonstrate that he has suffered or will suffer actual injury or economic damage. A person affected may request a hearing by writing Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189. Any request for a hearing must contain the name and address of the person who considers himself affected by agency action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is to be represented by an attorney, the name and address of the attorney also must be stated. Should no request for a public hearing be timely filed, the license will remain in effect.

Copies of all relevant material are available for public inspection and copying at the Bureau of Radiation Control, Texas Department of Health, 8407 Wall Street, Austin, Texas. Information relative to the amendment of this specific radioactive material license may be obtained by contacting Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189, by calling (512) 834-6688, or by visiting 8407 Wall Street, Austin, Texas.

TRD-9808614

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: May 27, 1998


Texas Department of Housing and Community Affairs

Request for Proposals for Legal Services

SUMMARY. The Texas Department of Housing and Community Affairs (TDHCA), through its Legal Division, is issuing a Request for Proposal (RFP) for outside counsel in connection with TDHCA's administration of U.S. Department of Health and Human Services (HHS) matters, particularly issues concerning its funding of programs administered by TDHCA.

DEADLINE FOR SUBMISSION. The deadline for submission in response to the Request for Proposal is 5:00 p.m. Central Standard Time June 22, 1998. No proposal received after the deadline will be considered.

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

Law firms interested in submitting a proposal should contact Lucille Spillar, Legal Assistant, General Counsel's office, at 512/475-3726, 507 Sabine, Austin, TX 78701, for a complete copy of the RFP. Communication with any member of the board of directors, the executive director, or TDHCA staff other than General Counsel's office concerning any matter related to this request for proposals is grounds for immediate disqualification.

TRD-9808619

Larry Paul Manley

Executive Director

Texas Department of Housing and Community Affairs

Filed: May 27, 1998


Request for Proposals for the Comprehensive Energy Assistance Program

Low Income Home Energy Assistance Program (LIHEAP)

I. SUMMARY

The Texas Department of Housing and Community Affairs (Department) is issuing this Request for Proposals (RFP) to announce the availability of Low Income Home Energy Assistance Program funds for the Comprehensive Energy Assistance Program (CEAP). These funds are provided to assist low income households residing in Bosque, Freestone, Hill and Limestone Counties in meeting their home energy costs. As of the date of this RFP, the Department intends to make approximately $111,057 from FFY '98 funds available to eligible applicant, as defined in this RFP. The RFP for CEAP services must be accompanied by a RFP for Weatherization Assistance Program services for in Bosque, Freestone, Hill and Limestone Counties.

II. ELIGIBLE APPLICANTS

1. Any local public or private nonprofit agency.

2. Special consideration will be given to entities receiving federal funds under any low-income assistance program or weatherization assistance program under the Economic Opportunity Act of 1964 or any other provision of law on day before enactment of this Act.

Submissions of proposals, questions or requests for additional information may be directed to Peggy M. Colvin, Assistant Program Manager, Energy Assistance Section, Texas Department of Housing and Community Affairs, 507 Sabine, Suite 600, Austin, Texas 78701, (512) 475-3864.

The RFP package will be available on the date of the publication of this RFP. The proposals must be submitted to the Department by 5:00 p.m. on July 7, 1998. Applications received after the due date will not be considered.

To obtain a copy of the RFP package, write to:

Texas Department of Housing and Community Affairs, Energy Assistance Section, Attention: June Kavanaugh, 507 Sabine, Suite 600, Austin, Texas 78701 or call the Energy Assistance Section at (512) 475-3863.

TRD-9808626

Larry Paul Manley

Executive Director

Texas Department of Housing and Community Affairs

Filed: May 27, 1998


Low Income Home Energy Assistance Program (LIHEAP)

I. SUMMARY

The Texas Department of Housing and Community Affairs (Department) is issuing this Request for Proposals (RFP) to announce the availability of Low Income Home Energy Assistance Program funds for the Comprehensive Energy Assistance Program (CEAP). These funds are provided to assist low income households residing in Harris County in meeting their home energy costs. As of the date of this RFP, the Department intends to make approximately $2,033,077 from FFY '98 funds available to eligible applicant, as defined in this RFP.

II. ELIGIBLE APPLICANTS

1. Any local public or private nonprofit agency.

2. Special consideration will be given to entities receiving federal funds under any low-income assistance program or weatherization assistance program under the Economic Opportunity Act of 1964 or any other provision of law on day before enactment of this Act.

Submissions of proposals, questions or requests for additional information may be directed to Peggy M. Colvin, Assistant Program Manager, Energy Assistance Section, Texas Department of Housing and Community Affairs, 507 Sabine, Suite 600, Austin, Texas 78701, (512) 475-3864.

The RFP package will be available on the date of the publication of this RFP. The proposals must be submitted to the Department by 5:00 p.m. on July 7, 1998. Applications received after the due date will not be considered.

To obtain a copy of the RFP package, write to:

Texas Department of Housing and Community Affairs, Energy Assistance Section, Attention: June Kavanaugh, 507 Sabine, Suite 600, Austin, Texas 78701 or call the Energy Assistance Section at (512) 475-3863.

TRD-9808625

Larry Paul Manley

Executive Director

Texas Department of Housing and Community Affairs

Filed: May 27, 1998


Request for Proposals for the Weatherization Assistance Program for Low-Income Persons (WAPFLIP)

I. SUMMARY

The Texas Department of Housing and Community Affairs (Department) is issuing this Request for Proposals (RFP) to announce the availability of Department of Energy and Department of Health and Human services funds for the Weatherization Assistance Program for Low-Income Persons (WAP). These funds are to provide weatherization services to low income households residing in Bosque, Freestone, Hill and Limestone Counties. As of the date of this RFP, the Department intends to make approximately $52,331 from FFY 1998 funds available to eligible applicant, as defined in this RFP. The RFP for WAP services must be accompanied by a RFP for Comprehensive Energy Assistance Program (CEAP) services for Bosque, Freestone, Hill and Limestone Counties.

II. ELIGIBLE APPLICANTS

1. Any local public or private nonprofit agency.

2. Special consideration will be given to entities receiving federal funds under any low-income assistance program or weatherization assistance program under the Economic Opportunity Act of 1964 or any other provision of law on day before enactment of this Act.

Submissions of proposals, questions or requests for additional information may be directed to Peggy M. Colvin, Assistant Program Manager, Energy Assistance Section, Texas Department of Housing and Community Affairs, 507 Sabine, Suite 600, Austin, Texas 78701, (512) 475-3864.

The RFP package will be available on the date of the publication of this RFP. The proposals must be submitted to the Department by 5:00 p.m. on July 7, 1998. Applications received after the due date will not be considered.

To obtain a copy of the RFP package, write to:

Texas Department of Housing and Community Affairs, Energy Assistance Section, Attention: June Kavanaugh, 507 Sabine, Suite 600, Austin, Texas 78701 or call the Energy Assistance Section at (512) 475-3863.

TRD-9808622

Larry Paul Manley

Executive Director

Texas Department of Housing and Community Affairs

Filed: May 27, 1998


I. SUMMARY

The Texas Department of Housing and Community Affairs (Department) is issuing this Request for Proposals (RFP) to announce the availability of Department of Energy and Department of Health and Human services funds for the Weatherization Assistance Program for Low-Income Persons (WAP). These funds are to provide weatherization services to low income households residing in Delta, Rains, Red River, Franklin and Lamar Counties. As of the date of this RFP, the Department intends to make approximately $55,447 from FFY '98 funds available to eligible applicant, as defined in this RFP.

II. ELIGIBLE APPLICANTS

1. Any local public or private nonprofit agency.

2. Special consideration will be given to entities receiving federal funds under any low-income assistance program or weatherization assistance program under the Economic Opportunity Act of 1964 or any other provision of law on day before enactment of this Act.

Submissions of proposals, questions or requests for additional information may be directed to Peggy M. Colvin, Assistant Program Manager, Energy Assistance Section, Texas Department of Housing and Community Affairs, 507 Sabine, Suite 600, Austin, Texas 78701, (512) 475-3864.

The RFP package will be available on the date of the publication of this RFP. The proposals must be submitted to the Department by 5:00 p.m. on July 7, 1998. Applications received after the due date will not be considered.

To obtain a copy of the RFP package, write to:

Texas Department of Housing and Community Affairs, Energy Assistance Section, Attention: June Kavanaugh, 507 Sabine, Suite 600, Austin, Texas 78701 or call the Energy Assistance Section at (512) 475-3863.

TRD-9808623

Larry Paul Manley

Executive Director

Texas Department of Housing and Community Affairs

Filed: May 27, 1998


I. SUMMARY

The Texas Department of Housing and Community Affairs (Department) is issuing this Request for Proposals (RFP) to announce the availability of Department of Energy and Department of Health and Human services funds for the Weatherization Assistance Program for Low-Income Persons (WAP). These funds are to provide weatherization services to low income households residing in Rusk and Cherokee Counties. As of the date of this RFP, the Department intends to make approximately $47,348 from FFY '98 funds available to eligible applicant, as defined in this RFP. The RFP for WAP services must be accompanied by a RFP for Comprehensive Energy Assistance Program (CEAP) services for Rusk, Cherokee and Smith Counties.

II. ELIGIBLE APPLICANTS

1. Any local public or private nonprofit agency.

2. Special consideration will be given to entities receiving federal funds under any low-income assistance program or weatherization assistance program under the Economic Opportunity Act of 1964 or any other provision of law on day before enactment of this Act.

Submissions of proposals, questions or requests for additional information may be directed to Peggy M. Colvin, Assistant Program Manager, Energy Assistance Section, Texas Department of Housing and Community Affairs, 507 Sabine, Suite 600, Austin, Texas 78701, (512) 475-3864.

The RFP package will be available on the date of the publication of this RFP. The proposals must be submitted to the Department by 5:00 p.m. on July 7, 1998. Applications received after the due date will not be considered.

To obtain a copy of the RFP package, write to:

Texas Department of Housing and Community Affairs, Energy Assistance Section, Attention: June Kavanaugh, 507 Sabine, Suite 600, Austin, Texas 78701 or call the Energy Assistance Section at (512) 475-3863.

TRD-9808621

Larry Paul Manley

Executive Director

Texas Department of Housing and Community Affairs

Filed: May 27, 1998


I. SUMMARY

The Texas Department of Housing and Community Affairs (Department) is issuing this Request for Proposals (RFP) to announce the availability of Department of Energy and Department of Health and Human services funds for the Weatherization Assistance Program for Low-Income Persons (WAP). These funds are to provide weatherization services to low income households residing in Upshur, Wood, Greg, Harrison and Panola Counties. As of the date of this RFP, the Department intends to make approximately $114,630 from FFY '98 funds available to eligible applicant, as defined in this RFP.

II. ELIGIBLE APPLICANTS

1. Any local public or private nonprofit agency.

2. Special consideration will be given to entities receiving federal funds under any low-income assistance program or weatherization assistance program under the Economic Opportunity Act of 1964 or any other provision of law on day before enactment of this Act.

Submissions of proposals, questions or requests for additional information may be directed to Peggy M. Colvin, Assistant Program Manager, Energy Assistance Section, Texas Department of Housing and Community Affairs, 507 Sabine, Suite 600, Austin, Texas 78701, (512) 475-3864.

The RFP package will be available on the date of the publication of this RFP. The proposals must be submitted to the Department by 5:00 p.m. on July 7, 1998. Applications received after the due date will not be considered.

To obtain a copy of the RFP package, write to:

Texas Department of Housing and Community Affairs, Energy Assistance Section, Attention: June Kavanaugh, 507 Sabine, Suite 600, Austin, Texas 78701 or call the Energy Assistance Section at (512) 475-3863.

TRD-9808620

Larry Paul Manley

Executive Director

Texas Department of Housing and Community Affairs

Filed: May 27, 1998


Low Income Home Energy Assistance Program (LIHEAP)

I. SUMMARY

The Texas Department of Housing and Community Affairs (Department) is issuing this Request for Proposals (RFP) to announce the availability of Low Income Home Energy Assistance Program funds for the Comprehensive Energy Assistance Program (CEAP). These funds are provided to assist low income households residing in Rusk, Cherokee and Smith Counties in meeting their home energy costs. As of the date of this RFP, the Department intends to make approximately $296,299 from FFY '98 funds available to eligible applicant, as defined in this RFP. The RFP for CEAP services must be accompanied by a RFP for Weatherization Assistance Program services for Rusk and Cherokee Counties.

II. ELIGIBLE APPLICANTS

1. Any local public or private nonprofit agency.

2. Special consideration will be given to entities receiving federal funds under any low-income assistance program or weatherization assistance program under the Economic Opportunity Act of 1964 or any other provision of law on day before enactment of this Act.

Submissions of proposals, questions or requests for additional information may be directed to Peggy M. Colvin, Assistant Program Manager, Energy Assistance Section, Texas Department of Housing and Community Affairs, 507 Sabine, Suite 600, Austin, Texas 78701, (512) 475-3864.

The RFP package will be available on the date of the publication of this RFP. The proposals must be submitted to the Department by 5:00 p.m. on July 7, 1998. Applications received after the due date will not be considered.

To obtain a copy of the RFP package, write to:

Texas Department of Housing and Community Affairs, Energy Assistance Section, Attention: June Kavanaugh, 507 Sabine, Suite 600, Austin, Texas 78701 or call the Energy Assistance Section at (512) 475-3863.

TRD-9808624

Larry Paul Manley

Executive Director

Texas Department of Housing and Community Affairs

Filed: May 27, 1998


Texas Department of Insurance

Notice

The Commissioner of Insurance, or his designee, will consider approval of a rating manual request submitted by Federated Insurance proposing to use a rating manual relative to classifications and territories different than that promulgated by the Commissioner of Insurance pursuant to Texas Insurance Code Annotated, Article 5.101, §3(l). They are proposing commercial automobile subclassifications based on the insureds' type of business, for policies issued through Federated Mutual Insurance Company and Federated Service Insurance Company. The subclassifications impose 4% credits for certain types of business and 6% surcharges for other types of business.

Copies of the filing may be obtained by contacting Gifford Ensey, at the Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin, Texas 78714-9104, extension (512) 475-1761.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to Article 5.101, §3(h), is made with the Associate Commissioner, Regulation and Safety, Rose Ann Reeser, at the Texas Department of Insurance, MC 107-2A, P.O. Box 149104, Austin, Texas 78701 within 30 days after publication of this notice.

TRD-9808445

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: May 22, 1998


Notice of Public Hearing

The Commissioner of Insurance will hold a public hearing under Docket Number 2364, on June 18, 1998, at 10:00 a.m. in Room 100 of the William P. Hobby Jr. State Office Building, 333 Guadalupe St. Austin, Texas concerning 28 TAC §§5.10001, 5.10003-5.10004, 5.1007-5.1009, and 5.10011 relating to the plan of operation of the Residential Property Insurance Market Assistance Program.

The proposed amendments and the statutory authority for the proposed amendments, was published in the May 1, 1998 issue of the Texas Register (23 TexReg 4196).

TRD-9808597

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: May 27, 1998


Texas Lottery Commission

Game Procedures - Instant Game Number 79

1.0 Name and Style of Game.

A. The name of Instant Game Number 79 is "3 ACROSS". The play style of the game is a "Key Symbol Match" play style.

1.1 Price of Instant Ticket.

A. Tickets for Instant Game Number 79 shall be $1.00 per ticket.

1.2 Definitions in Instant Game Number 79.

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 - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible Play Symbols are: CHERRY, STAR, BELL, SHAMROCK, HORSESHOE, POT, BAR.

D. Play Symbol Caption - the small printed material appearing below each Play Symbol which explains the Play Symbol. One and only one of these Play Symbol Captions appears under each Play Symbol and each 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:

[graphic 1]

E. Retailer Validation Code - Three small letters found under the removable scratch-off covering over the Play Symbol area, which retailers use to verify and validate instant winners. The possible validation codes are:

[graphic 2]

Non-winning and high-tier winning tickets will have different combinations of any three of the following letters, excluding the combinations listed above: E, F, G, H, I, L, N, ∅, R, S, T, V, W, X

All codes from $1 through $24 not used for this game are protected. Other combinations of these letters are to be used for commons and high-tier winners. The letter "∅" is only to be used on the appropriate winning codes and will always have a slash through it.

F. Validation Number- A unique 12 digit number appearing under the latex scratch-off covering on the front of the ticket. Nine digits of the Validation Number relate to the game Play Symbols. There is a one digit prize code and a two digit check digit, which will verify the recording accuracy of the ten digit Validation Number, or VIRN ( V oid I f R emoved N umber). There is a four digit control number which will be boxed and randomly placed within the VIRN number. The Validation Number is positioned beneath the bottom row of play data in scratched-off play area.

The format will be : 00000000 0000 .

G. Low-Tier Prize - A prize of $1.00, $2.00, $3.00, $5.00, $10.00 or $20.00

H. Mid-Tier Prize - A prize of $200.

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

J. Bar Code - A 20 character interleaved two of five bar code which will include a three digit game ID, the seven digit pack number and eight digits of the Validation Number and a two digit filler. The bar code appears on the back of the ticket.

K. Pack-Ticket Number - An 11digit number consisting of the two digit game number (79), a six digit pack number and a three digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be : 79-000001-000.

L. Pack - A pack of "3 ACROSS" Instant Game tickets contains 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of five. Tickets 000 to 004 are on the top page; tickets 005 to 009 are on the next page, and so forth with tickets 245 to 249 on the last page. Tickets 000 and 249 are folded down to expose the pack-ticket number through the shrink-wrap.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "3 ACROSS" Instant Game Number 79 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the ticket validation requirements set forth in Texas Lottery Rule, 16 TAC §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 "3 ACROSS" Instant Game is determined once the latex on the ticket is scratched off to expose the Play Symbols on the front of the ticket. If three like play symbols are revealed in the same row, indicated as "PULL 1", "PULL 2" and "PULL 3", the holder of the ticket wins the prize amount that corresponds to the symbols in the prize legend. There may be up to three wins on one ticket. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 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, 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 Play Symbol Caption must be present in its entirety and be fully legible;

5. Each of the Play Symbols and the Play Symbol Captions must be printed in black ink;

6. The ticket shall be intact;

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

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

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

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

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

12. 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;

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

14. The ticket must be complete and not miscut, and have exactly nine Play Symbols and exactly nine Play Symbol Captions under the latex overprint on the front of the ticket, exactly one Validation Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

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

17. Each of the nine Play Symbols must be exactly one of those described in section 1.2.C of these Game Procedures, and each of the Play Symbol Captions to those Play Symbols must be exactly one of those described in section 1.2.D of these Game Procedures;

18. Each of the 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 Validation Numbers must be printed in the Validation 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;

19. 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

20. The ticket must have been received or recorded 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, 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, replace an invalid ticket with an unplayed ticket in that Instant Game (or ticket of equivalent sales price from any other current Instant Lottery game) or 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. The decision as to which action to take with a defective ticket is solely within the Executive Director's discretion.

2.2 Programmed Game Parameters.

A. There will never be three or more like non-winning play symbols on a ticket.

B. Adjacent tickets will not have identical patterns.

C. There will never be three like symbols in a column.

2.3 Procedure for Claiming Prizes.

A. To claim a "3 ACROSS" Instant Game prize of $1.00, $2.00, $3.00, $5.00, $10.00, $20.00 or $200, 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, acting pursuant to applicable Lottery rules, may validate the claim. If the Texas Lottery Retailer determines that the ticket is a valid winning ticket by validating the ticket, and the claimant presents proper identification, the Texas Lottery Retailer shall make payment of the amount due the claimant and physically void the 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 procedures described in sections 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "3 ACROSS" Instant Game prize of $1,000, the claimant must sign the winning ticket, must thoroughly complete a claim form, and may present both at Texas Lottery Headquarters in Austin. 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 any "3 ACROSS" Instant Game prize, the claimant must sign the winning ticket, must thoroughly complete a claim form, and may present both at any Texas Lottery Claim Center. 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. A claimant may also claim a prize by signing the winning ticket, thoroughly completing a claim form, and mailing both to: Texas Lottery Commission, Post Office Box 16630, Austin, Texas 78761-6630. 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 the Texas Alcoholic Beverage Commission;

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

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

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

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

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 2.3E 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 "3 ACROSS" 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 "3 ACROSS" 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. 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.

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 therefor. 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 60,000,000 tickets in the Instant Game Number 79. The expected number and value of prizes in the game are as follows:

[graphic 3]

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Executive Director.

5.0 Termination of the Instant Game. The Executive Director may, at any time, announce a termination date for the Instant Game Number 79 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 Number 79, 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-9808630

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: May 27, 1998


Game Procedures - Instant Game Number 115

1.0 Name and Style of Game.

A. The name of Instant Game Number 115 is "GRIDIRON CASH". The play style of the game is a "Your Score Beats Their Score with Automatic Win" play style.

1.1 Price of Instant Ticket.

A. Tickets for Instant Game Number 115 shall be $2.00 per ticket.

1.2 Definitions in Instant Game Number 115.

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 - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible Play Symbols are: 6, 7, 10, 13, 14, 17, 20, 21, 23, 24, 27, 28, 30, 31, 34, 35, 37, 38, 41, 42, 44 , 48, FOOTBALL, $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $100, $200, $1,000, $2,000 and $10,000.

D. Play Symbol Caption - the small printed material appearing below each Play Symbol which explains the Play Symbol. One and only one of these Play Symbol Captions appears under each Play Symbol and each 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:

[graphic 4]

[graphic]

E. Retailer Validation Code - Three small letters found under the removable scratch-off covering over the Play Symbol area, which retailers use to verify and validate instant winners. The possible validation codes are:

[graphic 5]

Non-winning and high-tier winning tickets will have different combinations of any three of the following letters, excluding the combinations listed above: E, F, G, H, I, L, N, ∅, R, S, T, V, W, X

All codes from $1 through $24 not used for this game are protected. Other combinations of these letters are to be used for commons and high-tier winners. The letter "∅ " is only to be used for the appropriate winning codes and will always have a slash through it.

F. Validation Number- A unique 12 digit number appearing under the latex scratch-off covering on the front of the ticket. Nine digits of the Validation Number relate to the game Play Symbols. There is a one digit prize code and a two digit check digit, which will verify the recording accuracy of the ten digit Validation Number, or VIRN ( V oid I f R emoved N umber). There is a four digit control number which will be boxed and placed randomly within the VIRN number. The Validation Number is positioned beneath the bottom row of play data in the scratched-off play area.

The format will be : 0000 0000 0000.

G. Low-Tier Prize - A prize of $2.00, $4.00, $7.00, $10.00 or $20.00.

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

I. High-Tier Prize - A prize of $1,000, $2,000 or $10,000.

J. Bar Code - A 20 character interleaved two of five bar code which will include a three digit game ID, the seven digit pack number and eight digits of the Validation Number and a two digit filler. The bar code appears on the back of the ticket.

K. Pack-Ticket Number - A 13 digit number consisting of the three digit game number (115), a seven digit pack number and a three digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be : 115-0000001-000.

L. Pack - A pack of "GRIDIRON CASH" Instant Game tickets contains 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of two. Tickets 000 to 001 are on the top page; tickets 002 to 003 are on the next page, and so forth with tickets 248 to 249 on the last page. Ticket 249 will be folded down to expose the pack-ticket number through the shrink-wrap.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "GRIDIRON CASH" Instant Game Number 115 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the ticket validation requirements set forth in Texas Lottery Rule, 16 TAC §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 "GRIDIRON CASH" Instant Game is determined once the latex on the ticket is scratched off to expose the "YOUR SCORE", "THEIR SCORE", and "PRIZE" Symbols on the front of the ticket. If any "YOUR SCORE" Symbols are greater than the "THEIR SCORE" Symbols in any game, the holder of the ticket wins the "PRIZE" shown for that game. A ticket may contain up to eight winners if all of the numbers under "YOUR SCORE" are greater than the numbers under "THEIR SCORE". A ticket may also be an automatic winner of the "PRIZE" shown for that game if a FOOTBALL Symbol is uncovered under "YOUR SCORE". 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 24 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, 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 Play Symbol Caption must be present in its entirety and be fully legible;

5. Each of the Play Symbols and the Play Symbol Captions must be printed in black ink;

6. The ticket shall be intact;

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

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

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

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

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

12. 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;

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

14. The ticket must be complete and not miscut, and have exactly 24 Play Symbols with 24 Play Symbol Captions under the latex overprint on the front of the ticket, exactly one Validation Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

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

17. Each of the 24 Play Symbols must be exactly one of those described in section 1.2.C of these Game Procedures, and each of the Play Symbol Captions to those Play Symbols must be exactly one of those described in section 1.2.D of these Game Procedures;

18. Each of the 24 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 Validation Numbers must be printed in the Validation 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;

19. 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

20. The ticket must have been received or recorded 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, replace an invalid ticket with an unplayed ticket in that Instant Game (or ticket of equivalent sales price from any other current Instant Lottery game) or 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. The decision as to which action to take with a defective ticket is solely within the Executive Director's discretion.

2.2 Programmed Game Parameters.

A. There will never be three or more like play symbols on a ticket.

B. Non-winning prize symbols on winning tickets will never be the same as the winning prize symbols.

C. Adjacent tickets will not have identical patterns.

D. There will never be three or more like non-winning prize symbols.

E. There will be no ties between Your Score and Their Score.

F. The Football automatic win symbol will never appear in the THEIR SCORE play spots.

2.3 Procedure for Claiming Prizes.

A. To claim a "GRIDIRON CASH" Instant Game prize of $2.00, $4.00, $7.00, $10.00, $20.00, $50.00, $100 or $200, a claimant shall sign the back of the ticket in the space designated on the ticket and may present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer, acting pursuant to applicable Lottery rules, may validate the claim. If the Texas Lottery Retailer determines that the ticket is a valid winning ticket by validating the ticket and the claimant presents proper identification, the Texas Lottery Retailer shall make payment of the amount due the claimant and physically void the ticket. In the event the Texas Lottery Retailer cannot validate 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 sections 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "GRIDIRON CASH" Instant Game prize of $1,000, $2,000 or $10,000, the claimant may sign the winning ticket, thoroughly complete a claim form and present both at Texas Lottery Headquarters in Austin. 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 any "GRIDIRON CASH" Instant Game prize, the claimant may sign the winning ticket, thoroughly complete a claim form, and present both at any Texas Lottery claim center. 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. A claimant may also claim a prize by signing the winning ticket, thoroughly completing a claim form, and mailing both to: Texas Lottery Commission, Post Office Box 16630, Austin, Texas 78761-6630. 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 the Texas Alcoholic Beverage Commission;

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

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

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

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

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 2.3E of these Game Procedures.

2.5 No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.6 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 "GRIDIRON CASH" 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.

2.7 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "GRIDIRON CASH" 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.

2.8 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days after the end of the Instant Game. 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.

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 therefor, 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 therefor, 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 therefor. If more than one signature appears on the back of the ticket, the Executive Director will require that one of those players whose signature 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 40,320,000 tickets in the Instant Game Number 115. The expected number and value of prizes in the game are as follows:

[graphic 6]

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Executive Director.

5.0 Termination of the Instant Game. The Executive Director may, at any time, announce a termination date for the Instant Game Number 115 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 Number 115, 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-9808631

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: May 27, 1998


Game Procedures - Instant Game Number 116

1.0 Name and Style of Game.

A. The name of Instant Game Number 116 is "MATCHING SUIT". The play style of the game is a "Key Symbol Match" play style.

1.1 Price of Instant Ticket.

A. Tickets for Instant Game Number 116 shall be $1.00 per ticket.

1.2 Definitions in Instant Game Number 116.

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 - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible Play Symbols are: $1.00, $2.00, $5.00, $10.00, $15.00, $25.00, $50.00, $100, $200, $4,000, CLUB, DIAMOND, HEART, SPADE.

D. Play Symbol Caption - the small printed material appearing below each Play Symbol which explains the Play Symbol. One and only one of these Play Symbol Captions appears under each Play Symbol and each 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 7

[graphic]

E. Retailer Validation Code - Three small letters found under the removable scratch-off covering over the Play Symbol area, which retailers use to verify and validate instant winners. The possible validation codes are:

Figure 8

[graphic]

Non-winning and high-tier winning tickets will have different combinations of any three of the following letters, excluding the combinations listed above: E, F, G, H, I, L, N, ∅, R, S, T, V, W, X

All codes from $1 through $24 not used for this game are protected. Other combinations of these letters are to be used for commons and high-tier winners. The letter "∅" is only to be used on the appropriate winning codes and will always have a slash through it.

F. Validation Number- A unique 12 digit number appearing under the latex scratch-off covering on the front of the ticket. Nine digits of the Validation Number relate to the game Play Symbols. There is a one digit prize code and a two digit check digit, which will verify the recording accuracy of the ten digit Validation Number, or VIRN ( V oid I f R emoved N umber). There is a four digit control number which will be boxed and be randomly placed within the VIRN number. The Validation Number is positioned beneath the bottom row of play data in the scratched-off play area.

The format will be : 00000000 0000 .

G. Low-Tier Prize - A prize of $1.00, $2.00, $5.00, $8.00, $10.00 or $15.00

H. Mid-Tier Prize - A prize of $25.00, $50.00, $100 or $200.

I. High-Tier Prize - A prize of $4,000.

J. Bar Code - A 20 character interleaved two of five bar code which will include a three digit game ID, the seven digit pack number and eight digits of the Validation Number and a two digit filler. The bar code appears on the back of the ticket.

K. Pack-Ticket Number - A 13 digit number consisting of the three digit game number (116), a seven digit pack number and a three digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be : 116-0000001-000.

L. Pack - A pack of "MATCHING SUIT" Instant Game tickets contains 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of five. Tickets 000 to 004 are on the top page; tickets 005 to 009 are on the next page, and so forth with tickets 245 to 249 on the last page. Tickets 000 and 249 are folded down to expose the pack-ticket number through the shrink-wrap.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "MATCHING SUIT" Instant Game Number 116 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the ticket validation requirements set forth in Texas Lottery Rule, 16 TAC §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 "MATCHING SUIT" Instant Game is determined once the latex on the ticket is scratched off to expose the "DEALER SUIT", "YOUR SUITS", and Prize amount Symbols on the front of the ticket. If any "YOUR SUITS" Symbols match the "DEALER SUIT" Symbol, the holder of the ticket wins the Prize amount for that number. There may be up to four wins on one ticket. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 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, 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 Play Symbol Caption must be present in its entirety and be fully legible;

5. Each of the Play Symbols and the Play Symbol Captions must be printed in black ink;

6. The ticket shall be intact;

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

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

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

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

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

12. 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;

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

14. The ticket must be complete and not miscut, and have exactly nine Play Symbols with exactly nine Play Symbol Captions under the latex overprint on the front of the ticket, exactly one Validation Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

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

17. Each of the nine Play Symbols must be exactly one of those described in section 1.2.C of these Game Procedures, and each of the Play Symbol Captions to those Play Symbols must be exactly one of those described in section 1.2.D of these Game Procedures;

18. Each of the 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 Validation Numbers must be printed in the Validation 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;

19. 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

20. The ticket must have been received or recorded 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, replace an invalid ticket with an unplayed ticket in that Instant Game (or ticket of equivalent sales price from any other current Instant Lottery game) or 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. The decision as to which action to take with a defective ticket is solely within the Executive Director's discretion.

2.2 Programmed Game Parameters.

A. Non-winning prize symbols will never be the same as the winning prize symbols.

B. Adjacent tickets will not have identical patterns.

C. Non-winning prize symbols will be unique.

2.3 Procedure for Claiming Prizes.

A. To claim a "MATCHING SUIT" Instant Game prize of $1.00, $2.00, $5.00, $8.00, $10.00, $15.00, $25.00, $50.00, $100 or $200, a claimant may 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, acting pursuant to applicable Lottery rules, may validate the claim. If the Texas Lottery Retailer determines that the ticket is a valid winning ticket by validating the ticket and the claimant presents proper identification, the Texas Lottery Retailer shall make payment of the amount due the claimant and physically void the 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 sections 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "MATCHING SUIT" Instant Game prize of $4,000, the claimant may sign the winning ticket, thoroughly complete a claim form, and present both at Texas Lottery Headquarters in Austin. 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 any "MATCHING SUIT" Instant Game prize, the claimant may sign the winning ticket, thoroughly complete a claim form, and present both at any Texas Lottery Claim Center. 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. A claimant may also claim a prize by signing the winning ticket, thoroughly completing a claim form, and mailing both to: Texas Lottery Commission, Post Office Box 16630, Austin, Texas 78761-6630. 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 the Texas Alcoholic Beverage Commission;

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

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

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

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

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.E of these Game Procedures.

2.5 No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.6 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 "MATCHING SUIT" 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.

2.7 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "MATCHING SUIT" 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.

2.8 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game. 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.

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 therefor, 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 therefor, 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 therefor. 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 60,000,000 tickets in the Instant Game Number 116. The expected number and value of prizes in the game are as follows:

Figure 9

[graphic]

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Executive Director.

5.0 Termination of the Instant Game. The Executive Director may, at any time, announce a termination date for the Instant Game Number 116 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 Number 116, 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-9808632

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: May 27, 1998


Game Procedures - Instant Game Number 118

1.0 Name and Style of Game.

A. The name of Instant Game Number 118 is "LEAPIN LIZARDS". The play style of the game is a "Match 3 of 9 with Tripler" play style.

1.1 Price of Instant Ticket.

A. Tickets for Instant Game Number 118 shall be $1.00 per ticket.

1.2 Definitions in Instant Game Number 118.

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 - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible Play Symbols are: $1.00, $2.00, $3.00, $5.00, $15.00, $25.00, $100, $1,000, $3,000 and LIZARD.

D. Play Symbol Caption - the small printed material appearing below each Play Symbol which explains the Play Symbol. One and only one of these Play Symbol Captions appears under each Play Symbol and each 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:

[graphic 10]

E. Retailer Validation Code - Three small letters found under the removable scratch-off covering over the Play Symbol area, which retailers use to verify and validate instant winners. The possible validation codes are:

[graphic 11]

Non-winning and high-tier winning tickets will have different combinations of any three of the following letters, excluding the combinations listed above: E, F, G, H, I, L, N, ∅, R, S, T, V, W, X

All codes from $1 through $24 not used for this game are protected. Other combinations of these letters are to be used for commons and high-tier winners. The letter "∅" is only to be used on the appropriate winning codes and will always have a slash through it.

F. Validation Number- A unique 12 digit number appearing under the latex scratch-off covering on the front of the ticket. Nine digits of the Validation Number relate to the game Play Symbols. There is a one digit prize code and a two digit check digit, which will verify the recording accuracy of the ten digit Validation Number, or VIRN ( V oid I f R emoved N umber). There is a four digit control number which will be boxed and be randomly placed within the VIRN number. The Validation Number is positioned beneath the bottom row of play data in the scratched-off play area.

The format will be : 00000000 0000 .

G. Low-Tier Prize - A prize of $1.00, $2.00, $3.00, $5.00, $6.00, $9.00 or $15.00.

H. Mid-Tier Prize - A prize of $25.00, $75.00, $100 or $300.

I. High-Tier Prize - A prize of $3,000.

J. Bar Code - A 20 character interleaved two of five bar code which will include a three digit game ID, the seven digit pack number and eight digits of the Validation Number and a two digit filler. The bar code appears on the back of the ticket.

K. Pack-Ticket Number - A 13 digit number consisting of the three digit game number (118), a seven digit pack number and a three digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be: 118-0000001-000.

L. Pack - A pack of "LEAPIN LIZARDS" Instant Game tickets contains 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of five. Tickets 000 to 004 are on the top page; tickets 005 to 009 are on the next page, and so forth with tickets 245 to 249 on the last page. Tickets 000 and 249 are folded down to expose the pack-ticket number through the shrink-wrap.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "LEAPIN' LIZARDS" Instant Game Number 118 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the ticket validation requirements set forth in Texas Lottery Rule, 16 TAC §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 "LEAPIN LIZARDS" Instant Game is determined once the latex overprint on the ticket is scratched off to expose the Play Symbols on the front of the ticket. A player can win the prize indicated by matching three identical Play Symbols out of nine. A player can also win triple the prize amount shown by matching two identical Play Symbols and a "LIZARD" 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 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, 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 Play Symbol Caption must be present in its entirety and be fully legible;

5. Each of the Play Symbols and the Play Symbol Captions must be printed in black ink;

6. The ticket shall be intact;

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

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

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

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

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

12. 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;

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

14. The ticket must be complete and not miscut, and have exactly nine Play Symbols and exactly nine Play Symbol Captions under the latex overprint on the front of the ticket, exactly one Validation Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

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

17. Each of the nine Play Symbols must be exactly one of those described in section 1.2.C of these Game Procedures, and each of the Play Symbol Captions to those Play Symbols must be exactly one of those described in section 1.2.D of these Game Procedures;

18. Each of the 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 Validation Numbers must be printed in the Validation 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;

19. 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

20. The ticket must have been received or recorded 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, 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, replace an invalid ticket with an unplayed ticket in that Instant Game (or ticket of equivalent sales price from any other current Instant Lottery game) or 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. The decision as to which action to take with a defective ticket is solely within the Executive Director's discretion.

2.2 Programmed Game Parameters.

A. No ticket will have four or more of the same prize amount on a ticket.

B. Adjacent tickets will not have identical patterns.

C. No ticket will have three pairs of prize amounts.

D. No ticket will contain more than one "LIZARD" symbol.

E. No ticket will contain a "LIZARD" symbol and more than one pair.

F. No ticket will contain more than one set of three matching symbols.

G. No ticket will contain a "LIZARD" symbol and more than two like play symbols or a pair of $3,000 prize symbols.

2.3 Procedure for Claiming Prizes.

A. To claim a "LEAPIN' LIZARD" Instant Game prize of $1.00, $2.00, $3.00, $5.00, $6.00, $9.00, $15.00, $25.00, $75.00, $100 or $300, a claimant shall sign the back of the ticket in the space designated on the ticket and may present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer, acting pursuant to applicable Lottery rules, may validate the claim. If the Texas Lottery Retailer determines that the ticket is a valid winning ticket by validating the ticket, and the claimant presents proper identification, the Texas Lottery Retailer shall make payment of the amount due the claimant and physically void the ticket. In the event the Texas Lottery Retailer cannot validate 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 sections 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "LEAPIN' LIZARDS" Instant Game prize of $3,000, the claimant shall sign the winning ticket, shall thoroughly complete a claim form, and may present both at Texas Lottery Headquarters in Austin. 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 any "LEAPIN LIZARDS" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and may present both at any Texas Lottery Claim Center. 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. A claimant may also claim a prize by signing the winning ticket, thoroughly completing a claim form, and mailing both to: Texas Lottery Commission, Post Office Box 16630, Austin, Texas 78761-6630. 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 the Texas Alcoholic Beverage Commission;

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

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

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

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

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 2.3E 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 "LEAPIN LIZARDS" 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 "LEAPIN LIZARDS" 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. 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.

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 therefor, 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 therefor, 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 therefor. 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 40,080,000 tickets in the Instant Game Number 118. The expected number and value of prizes in the game are as follows:

[graphic 12]

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Executive Director.

5.0 Termination of the Instant Game. The Executive Director may, at any time, announce a termination date for the Instant Game Number 118 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 Number 118, 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-9808633

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: May 27, 1998


Game Procedures - Instant Game Number 131

1.0 Name and Style of Game.

A. The name of Instant Game Number 131 is "DOUBLE ROLL". The play style of the game is a "Add Up with Doubler" play style.

1.1 Price of Instant Ticket.

A. Tickets for Instant Game Number 131 shall be $1.00 per ticket.

1.2 Definitions in Instant Game Number 131.

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 - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible Play Symbols are DICE 1, DICE 2, DICE 3, DICE 4, DICE 5, DICE 6, $1.00, $2.00, $4.00, $10.00, $20.00, $40.00, $100, $500 and $5,000.

D. Play Symbol Caption - the small printed material appearing below each Play Symbol which explains the Play Symbol. One and only one of these Play Symbol Captions appears under each Play Symbol and each 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:

[graphic 1]

E. Retailer Validation Code - Three small letters found under the removable scratch-off covering over the Play Symbol area, which retailers use to verify and validate instant winners. The possible validation codes are:

[graphic 2]

Non-winning and high-tier winning tickets will have different combinations of any three of the following letters, excluding the combinations listed above: E, F, G, H, I, L, N, ∅, R, S, T, V, W, X

All codes from $1 through $24 not used for this game are protected. Other combinations of these letters are to be used for commons and high-tier winners. The letter "∅" will only be used on the appropriate winning codes and will always have a slash through it.

F. Validation Number- A unique 12 digit number appearing under the latex scratch-off covering on the front of the ticket. Nine digits of the Validation Number relate to the game Play Symbols. There is a one digit prize code and a two digit check digit, which will verify the recording accuracy of the ten digit Validation Number, or VIRN ( V oid I f R emoved N umber). There is a four digit control number which will be boxed and placed randomly within the VIRN number. The Validation Number is positioned beneath the bottom row of play data in the scratched-off play area.

The format will be : 0000 0000 0000.

G. Low-Tier Prize - A prize of $1.00, $2.00, $4.00, $7.00, $10.00 or $20.00.

H. Mid-Tier Prize - A prize of $40.00, $100 or $500.

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

J. Bar Code - A 20 character interleaved two of five bar code which will include a three digit game ID, the seven digit pack number and eight digits of the Validation Number and a two digit filler. The bar code appears on the back of the ticket.

K. Pack-Ticket Number - A 13 digit number consisting of the three digit game number (131 ), a seven digit pack number and a three digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be : 131-0000001-000.

L. Pack - A pack of "DOUBLE ROLL" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of five. Tickets 000 to 004 are on the top page, tickets 005 to 009 are on the next page, and so forth with tickets 245 to 249 on the last page. Tickets 000 and 249 will be folded down to expose the pack-ticket number through the shrink-wrap.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "DOUBLE ROLL" Instant Game Number 131 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, 16 TAC §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 "DOUBLE ROLL" Instant Game is determined once the latex overprint on the ticket is scratched off to expose the play symbols on the front of the ticket. If the 2 dice in each Roll add up to 7, the holder of the ticket wins the prize amount for that Roll. If the 2 dice in each Roll add up to 11, the holder of the ticket wins DOUBLE the prize amount for that Roll. A ticket may contain up to four winners if the dice in any of the four Rolls add up to either 7 or 11. 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 12 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, 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 Play Symbol Caption must be present in its entirety and be fully legible;

5. Each of the Play Symbols and the Play Symbol Captions must be printed in black ink;

6. The ticket shall be intact;

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

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

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

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

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

12. 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;

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

14. The ticket must be complete and not miscut, and have exactly 12 Play Symbols and exactly 12 Play Symbol Captions under the latex overprint on the front of the ticket, exactly one Validation Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

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

17. Each of the 12 Play Symbols must be exactly one of those described in section 1.2.C of these Game Procedures, and each of the Play Symbol Captions to those Play Symbols must be exactly one of those described in section 1.2.D of these Game Procedures;

18. Each of the 12 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 Validation Numbers must be printed in the Validation 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;

19. 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

20. The ticket must have been received or recorded 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, replace an invalid ticket with an unplayed ticket in that Instant Game (or ticket of equivalent sales price from any other current Instant Lottery game) or 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. The decision as to which action to take with a defective ticket is solely within the Executive Director's discretion.

2.2 Programmed Game Parameters.

A. Tickets can win up to four times.

B. Multiple win tickets will win using different permutations of winning dice numbers in each winning roll, excluding the winners with doublers.

C. Adjacent tickets will not have identical patterns.

D. There will not be two or more like non-winning prize amounts on a ticket.

E. No non-winning game will have the same prize amount as a winning game on the same ticket.

F. The four dice numbers in each column will not add up to 7 or 11.

2.3 Procedure for Claiming Prizes.

A. To claim a "DOUBLE ROLL" Instant Game prize of $1.00, $2.00, $4.00, $7.00, $10.00, $20.00, $40.00, $100 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer, acting pursuant to applicable Lottery rules, may validate the claim. If the Texas Lottery Retailer determines that the ticket is a valid winning ticket by validating the ticket, and the claimant presents proper identification, the Texas Lottery Retailer shall make payment of the amount due the claimant and physically void the 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 sections 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "DOUBLE ROLL" Instant Game prize of $5,000, the claimant may sign the winning ticket, thoroughly complete a claim form, and present both at Texas Lottery Headquarters in Austin, Texas. 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 "DOUBLE ROLL" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and present both at any Texas Lottery Claim Center. 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. A claimant may also claim a prize by signing the winning ticket, thoroughly completing a claim form, and mailing both to: Texas Lottery Commission, Post Office Box 16630, Austin, Texas 78761-6630. 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 the Texas Alcoholic Beverage Commission;

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

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

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

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

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.E of these Game Procedures.

2.5 No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.6 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 "DOUBLE ROLL" 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.

2.7 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "DOUBLE ROLL" 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.

2.8 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game. 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.

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 therefor, 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 therefor, 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 therefor. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

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

4.0 Number and Value of Instant Prizes. There will be approximately 20,160,000 tickets in the Instant Game Number 131. The expected number and value of prizes in the game are as follows:

[graphic 3]

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

5.0 Termination of the Instant Game. The Executive Director may, at any time, announce a termination date for the Instant Game Number 131 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 Number 131, 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-9808634

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: May 27, 1998


Texas Lottery Commission

Due to a technical error by the Texas Register in the May 29, 1998, issue (23 TexReg 5822) the following document submitted by the Texas Lottery Commission is being republished. Under “F. Validation Number” the format should appear as 0000 0000 0000.

Game Procedures - Instant Game Number 133

1.0 Name and Style of Game.

A. The name of Instant Game Number 133 is "BUCKS 'N TRUCKS". The play style of the game is a "Key Number Match " play style.

1.1 Price of Instant Ticket.

A. Tickets for Instant Game Number 133 shall be $2.00 per ticket.

1.2 Definitions in Instant Game Number 133.

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 - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible Play Symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15,16, 17, 18, 19, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $100, $200, $1,000 and TRUCK.

D. Play Symbol Caption - the small printed material appearing below each Play Symbol which explains the Play Symbol. One and only one of these Play Symbol Captions appears under each Play Symbol and each 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]

[Figure 1]

E. Retailer Validation Code - Three small letters found under the removable scratch-off covering over the Play Symbol area, which retailers use to verify and validate instant winners. The possible validation codes are:

[Figure 2]

Non-winning and high-tier winning tickets will have different combinations of any three of the following letters, excluding the combinations listed above: E, F, G, H, I, L, N, ∅, R, S, T, V, W, X

All codes from $1 through $24 not used for this game are protected. Other combinations of these letters are to be used for commons and high-tier winners. The letter "∅" will always have a slash through it.

F. Validation Number- A unique 12 digit number appearing under the latex scratch-off covering on the front of the ticket. Nine digits of the Validation Number relate to the game Play Symbols. There is a one digit prize code and a two digit check digit, which will verify the recording accuracy of the ten digit Validation Number, or VIRN ( V oid I f R emoved N umber). There is a four digit control number which will be boxed and placed randomly within the VIRN number. The Validation Number is positioned beneath the bottom row of play data in the scratched-off play area.

The format will be : 0000 0000 0000

G. Low-Tier Prize - A prize of $2.00, $4.00, $8.00, $10.00, or $20.00

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

I. High-Tier Prize - A prize of $1,000 or a truck.

J. Bar Code - A 20 character interleaved two of five bar code which will include a three digit game ID, the seven digit pack number and eight digits of the Validation Number and a two digit filler. The bar code appears on the back of the ticket.

K. Pack-Ticket Number - A 13 digit number consisting of the three digit game number (133), a seven digit pack number and a three digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be : 133-0000001-000.

L. Pack - A pack of "BUCKS 'N TRUCKS" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of two. Tickets 000 to 001 are on the top page, tickets 002 to 003 are on the next page, and so forth with tickets 248 to 249 on the last page. Ticket 249 will be folded down to expose the pack-ticket number through the shrink-wrap.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "BUCKS 'N TRUCKS" Instant Game Number 133 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the ticket validation requirements set forth in Texas Lottery Rule, 16 TAC, §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 "BUCKS 'N TRUCKS" Instant Game is determined once the latex on the ticket is scratched off to expose the "LUCKY NUMBERS", "YOUR NUMBERS" and Prize amount Symbols on the front of the ticket. If any "YOUR NUMBERS" Symbols match the "LUCKY NUMBERS" Symbols, the holder of the ticket wins the Prize amount directly beneath the matching number. A ticket may contain up to ten winners if there are ten matches under "YOUR NUMBERS". If a truck symbol is directly beneath the matching number, the holder of the ticket wins a 1998 Dodge Ram 1500 Special Edition Truck. 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 Play Symbols must appear under the latex on the front of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, 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 Play Symbol Caption must be present in its entirety and be fully legible;

5. Each of the Play Symbols and the Play Symbol Captions must be printed in black ink;

6. The ticket shall be intact;

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

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

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

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

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

12. 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;

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

14. The ticket must be complete and not miscut, and have exactly 22 Play Symbols and exactly 22 Play Symbol Captions under the latex on the front of the ticket, exactly one Validation Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

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

17. Each of the 22 Play Symbols must be exactly one of those described in section 1.2.C, of these Game Procedures, and each of the Play Symbol Captions to those Play Symbols must be exactly one of those described in section 1.2.D, of these Game Procedures;

18. Each of the 22 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 Validation Numbers must be printed in the Validation 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;

19. 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

20. The ticket must have been received or recorded by the Texas Lottery by applicable deadlines.

B. The ticket must pass all additional validation tests provided for in these Game Procedures, Texas Lottery Rules, 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, replace an invalid ticket with an unplayed ticket in that Instant Game (or ticket of equivalent sales price from any other current Instant Lottery game) or 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. The decision as to which action to take with a defective ticket is solely within the Executive Director's discretion.

2.2 Programmed Game Parameters.

A. Numeric play symbols 1-19 will be used for a winning match approximately evenly.

B. Non-winning prize symbols on winning tickets will never be the same as the winning prize symbols.

C. Adjacent tickets will not have identical patterns.

D. There will never be two or more identical non-winning YOUR NUMBERS play symbols.

E. There will never be identical LUCKY NUMBER play symbols.

F. Winning YOUR NUMBER play spots will be approximately evenly distributed among the ten play positions.

G. Winning tickets will use each LUCKY NUMBER match approximately evenly.

H. Each of the numeric play symbols 1-19 will be used approximately equally as the LUCKY NUMBER symbols.

I. There will never be three or more like prize symbols on a ticket except on intended multiple winners.

2.3 Procedure for Claiming Prizes.

A. To claim a "BUCKS 'N TRUCKS" Instant Game prize of $2.00, $4.00, $8.00, $10.00, $20.00, $50.00, $100 or $200, 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, acting pursuant to applicable Lottery rules, may validate the claim. If the Texas Lottery Retailer determines that the ticket is a valid winning ticket by validating the ticket, and the claimant presents proper identification, the Texas Lottery Retailer shall make payment of the amount due the claimant and physically void the ticket. In the event the Texas Lottery Retailer cannot validate 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 procedures described in sections 2.3.B, and 2.3 D of these Game Procedures.

B. To claim a "BUCKS 'N TRUCKS" Instant Game prize of $1,000, the claimant must sign the winning ticket and present it at any Texas Lottery Claim Center. 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 cash 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. To claim the top prize of a 1998 Dodge Ram 1500 Special Edition Truck, the claimant must sign the winning ticket, thoroughly complete a claim form, and present both at any Texas Lottery Claim Center. The claimant must also present a valid driver's license and proof of automobile liability insurance. If the claim is validated by the Texas Lottery and the claimant presents a valid driver's license and proof of automobile liability insurance, the claimant will be given a specific time, within ten business days of the initial visit, to return to the Texas Lottery Claim Center to be awarded the vehicle. The claimant must return to the Claim Center at the pre-scheduled time. This will be the claimant's only chance to get the vehicle at the location where the claimant presented the ticket. When awarding the top non-cash prize, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall pay the federal income tax at a rate set by the IRS for withholding, if required.

D. As an alternative method of claiming a "BUCKS 'N TRUCKS" Instant Game cash prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and present both at any Texas Lottery Claim Center. 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. A claimant may also claim a cash prize by signing the winning ticket, thoroughly completing a claim form, and mailing both to: Texas Lottery Commission, Post Office Box 16630, Austin, Texas 78761-6630. 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.

E. Prior to payment by the Texas Lottery of a cash 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 the Texas Alcoholic Beverage Commission;

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

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

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

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

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

G. If a claimant of a non-cash prize is delinquent or in default on a debt listed in sections E or F, the claimant will have 30 days from the date the claim is made to satisfy the debt or delinquency. The Texas Lottery must receive prior notice from the agency reporting the debt that the debt has been satisfied. If the debt or delinquency is not satisfied within the 30 days, the claimant will forfeit the non-cash prize. The date the claim is made is the date the claimant submits the claim form to a Texas Lottery Claim Center.

H. If a claimant of a non-cash prize is unable to present a valid driver's license and proof of automobile liability insurance, the claimant will have 30 days from the date the claim is made to obtain a valid driver's license and proof of automobile liability insurance. If the claimant is unable to present a valid driver's license and proof of automobile liability insurance within this 30 day period, the claimant will forfeit the non-cash prize. The date the claim is made is the date the claimant submits the claim form to a Texas Lottery Claim Center.

2.4 Allowance for Delay of Payment or Award. The Texas Lottery may delay payment or award 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;

D. if the claim is subject to any deduction from the payment otherwise due, as described in section 2.3F, of these Game Procedures.

E. if there is a 30 day period for the claimant to satisfy any debts or delinquencies pursuant to section 2.3G; or,

F. if there is a 30 day period to allow the claimant to obtain a valid driver's license and proof of automobile liability insurance pursuant to section 2.3H.

2.5 No liability for interest for any delay shall accrue to the benefit of the claimant pending payment or award of the claim.

2.6 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 "BUCKS 'N TRUCKS" 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.

2.7 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "BUCKS 'N TRUCKS" 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.

2.8 If a person under the age of 18 years is entitled to a non-cash prize from the "BUCKS 'N TRUCKS" Instant Game, the Texas Lottery shall pay the cash equivalent of the prize by depositing the amount, less any withholding, 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. The cash equivalent of the non-cash prize is $34, 950.00. 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.

2.9 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days after the end of the Instant Game. Any prize not claimed within that period, and in the manner specified in these Game Procedures, Texas Lottery rules, and on the back of each ticket, shall be forfeited.

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 therefor, 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 therefor, 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 therefor. 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 50,160,000 tickets in the Instant Game Number 133. The expected number and value of prizes in the game are as follows:

[Figure 3]

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Executive Director.

5.0 Termination of the Instant Game. The Executive Director may, at any time, announce a termination date for the Instant Game Number 133 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 Number 133, 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-9808139

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: May 19, 1998


Game Procedures - Instant Game Number 135

1.0 Name and Style of Game.

A. The name of Instant Game Number 135 is "BREAK THE BANK". The play style of the game is a "Key Number Match with Automatic Win Feature" play style.

1.1 Price of Instant Ticket.

A. Tickets for Instant Game Number 135 shall be $2.00 per ticket.

1.2 Definitions in Instant Game Number 135.

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 - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible Play Symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, MONEY STACK, $1.00, $2.00, $4.00, $6.00, $10.00, $20.00, $50.00, $200, $1,000, $3,000 and $30,000.

D. Play Symbol Caption - the small printed material appearing below each Play Symbol which explains the Play Symbol. One and only one of these Play Symbol Captions appears under each Play Symbol and each 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:

[graphic 4]

[graphic]

E. Retailer Validation Code - Three small letters found under the removable scratch-off covering over the Play Symbol area, which retailers use to verify and validate instant winners. The possible validation codes are:

[graphic 5]

Non-winning and high-tier winning tickets will have different combinations of any three of the following letters, excluding the combinations listed above: E, F, G, H, I, L, N, ∅, R, S, T, V, W, X

All codes from $1 through $24 not used for this game are protected. Other combinations of these letters are to be used for commons and high-tier winners. The letter "∅ " will only be used on the appropriate winning codes and will always have a slash through it.

F. Validation Number- A unique 12 digit number appearing under the latex scratch-off covering on the front of the ticket. Nine digits of the Validation Number relate to the game Play Symbols. There is a one digit prize code and a two digit check digit, which will verify the recording accuracy of the ten digit Validation Number, or VIRN ( V oid I f R emoved N umber). There is a four digit control number which will be boxed and placed randomly within the VIRN number. The Validation Number is positioned beneath the bottom row of play data in the scratched-off play area.

The format will be : 0000 0000 0000.

G. Low-Tier Prize - A prize of $2.00, $4.00, $6.00, $8.00, $10.00, $12.00 or $20.00

H. Mid-Tier Prize - A prize of $50.00 or $200.

I. High-Tier Prize - A prize of $1,000, $3,000 or $30,000.

J. Bar Code - A 20 character interleaved two of five bar code which will include a three digit game ID, the seven digit pack number and eight digits of the Validation Number and a two digit filler. The bar code appears on the back of the ticket.

K. Pack-Ticket Number - A 13 digit number consisting of the three digit game number (135 ), a seven digit pack number and a three digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be : 135-0000001-000.

L. Pack - A pack of "BREAK THE BANK" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of two. Tickets 000 to 001 are on the top page, tickets 002 to 003 are on the next page, and so forth with tickets 248 to 249 on the last page. Ticket 249 will be folded down to expose the pack-ticket number through the shrink-wrap.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "BREAK THE BANK" Instant Game Number 135 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the ticket validation requirements set forth in Texas Lottery Rule, 16 TAC §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 "BREAK THE BANK" Instant Game is determined once the latex on the ticket is scratched off to expose the "LUCKY NUMBERS", "YOUR NUMBERS", and prize amount symbols on the front of the ticket. If any "YOUR NUMBERS" symbols match the "LUCKY NUMBERS" symbols, the holder of the ticket wins the prize amount directly beneath the matching number. A ticket may contain up to eight winners if there are eight matches under "YOUR NUMBERS". A ticket may also be an automatic winner of the prize amount directly below if a MONEY STACK symbol is uncovered. 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 19 Play Symbols must appear under the latex overprint on the front of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, 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 Play Symbol Caption must be present in its entirety and be fully legible;

5. Each of the Play Symbols and the Play Symbol Captions must be printed in black ink;

6. The ticket shall be intact;

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

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

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

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

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

12. 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;

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

14. The ticket must be complete and not miscut, and have exactly 19 Play Symbols and 19 Play Symbol Captions under the latex overprint on the front of the ticket, exactly one Validation Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

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

17. Each of the 19 Play Symbols must be exactly one of those described in section 1.2.C of these Game Procedures, and each of the Play Symbol Captions to those Play Symbols must be exactly one of those described in section 1.2.D of these Game Procedures;

18. Each of the 19 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 Validation Numbers must be printed in the Validation 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;

19. 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

20. The ticket must have been received or recorded 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, replace an invalid ticket with an unplayed ticket in that Instant Game (or ticket of equivalent sales price from any other current Instant Lottery game) or 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. There will be no correlation between the matching symbols and the prize amount.

B. Non-winning prize symbols on winning tickets will never by the same as the winning prize symbols.

C. Adjacent tickets will not have identical patterns.

D. There will never be two or more identical non-winning YOUR NUMBERS play symbols.

E. There will never be two or three identical LUCKY NUMBER play symbols.

2.3 Procedure for Claiming Prizes.

A. To claim a "BREAK THE BANK" Instant Game prize of $2.00, $4.00, $6.00, $8.00, $10.00, $12.00, $20.00, $50.00 or $200, 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, acting pursuant to applicable Lottery rules, may validate the claim. If the Texas Lottery Retailer determines that the ticket is a valid winning ticket by validating the ticket, and the claimant presents proper identification, the Texas Lottery Retailer shall make payment of the amount due the claimant and physically void the 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 sections 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "BREAK THE BANK" Instant Game prize of $1,000, $3,000 or $30,000, the claimant must sign the winning ticket and present it at Texas Lottery Headquarters in Austin, Texas. 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 "BREAK THE BANK" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and present both at any Texas Lottery claim center. 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. A claimant may also claim a prize by signing the winning ticket, thoroughly completing a claim form, and mailing both to: Texas Lottery Commission, Post Office Box 16630, Austin, Texas 78761-6630. 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, 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 Department of Human Services for a benefit granted in error under the food stamp program or the program of financial assistance under the Human Resource Code, Chapter 31;

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

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

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.E of these Game Procedures.

2.5 No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.6 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 "BREAK THE BANK" 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.

2.7 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "BREAK THE BANK" 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.

2.8 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days after the end of the Instant Game. 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.

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 therefor, 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 therefor, 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 therefor. 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 24,960,000 tickets in the Instant Game Number 135. The expected number and value of prizes in the game are as follows:

[graphic 6]

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

5.0 Termination of the Instant Game. The Executive Director may, at any time, announce a termination date for the Instant Game Number 135 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 Number 135, 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-9808635

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: May 27, 1998


Texas Natural Resource Conservation Commission

Enforcement Orders, Week Ending May 27, 1998

An agreed order was entered regarding SOUTHERN WASTE MANAGEMENT COMPANY, Docket Number 96-1669-IHW-E; TNRCC ID Number 40383; Enforcement ID Number 1722 on May 13, 1998 assessing $197,960 in administrative penalties with $197,360 deferred.

Information concerning any aspect of this order may be obtained by contacting Barbara M. Lazard, Staff Attorney at (512)239-0674 or Anne Rhyne, Enforcement Coordinator at (512)239-1291, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An order was entered regarding PENCCO, INCORPORATED, Docket Number 96-0863-AIR-E; SOAH Docket Number 582-97-0708 on May 13, 1998 assessing $1,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Mary R. Risner, Staff Attorney at (512)239-6224, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An order was entered regarding DONALD SIMPSON, Docket Number 96-1815-OSI-E; SOAH Docket Number 582-97-1061 on May 8, 1998 assessing $2,880 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Cecily Small, Staff Attorney at (512)239-2940, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An default order was entered regarding LEE LIMAS DBA LEE LIMAS MOBILE HOME PARK, Docket Number 96-1112-PWS-E; SOAH Docket Number 582-97-1443 on April 22, 1998 assessing $3,850 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Hodgson Eckel, Staff Attorney at (512)239-3400 or Tom Napier, Enforcement Coordinator at (512)239-6063, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding T C TUBB, DEE ANDERSON & BILL DAVID DBA WESTGATE MOBILE HOME PARK, Docket Number 96-0679-PWS-E TNRCC ID Number 1650047; Enforcement ID Number 6887 on May 13, 1998 assessing $930 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Tracy L Harrison, Staff Attorney at (512)239-1736 or Katharine Wheatley, Enforcement Coordinator at (512)239-4757, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding SAFE TIRE DISPOSAL CORPORATION OF TEXAS, Docket Number 96-0058-MSW-E; MSW Numbers 44109, 79507, 44104, 79504 and 29565 on May 13, 1998 assessing $367,680 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Paul Sarahan, Staff Attorney at (512)239-3422 or John Mead, Enforcement Coordinator at (512)239-6010, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding HENRY HARRIS DBA PLAZA WATER, Docket Number 97-0875-PWS-E; PWS Number 0140167; Enforcement ID Number 11752 on May 13, 1998 assessing $1,030 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Gilbert Angelle, Enforcement Coordinator at (512)239-4489, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding PINE TRAILS UTILITY COMPANY, INCORPORATED, Docket Number 97-0783-PWS-E; PWS Number 1010535; CCN Number 10938 on May 13, 1998 assessing $780 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Sabelyn Pussman, Enforcement Coordinator at (512)239-6061, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CENTERLINE WATER SUPPLY CORPORATION, Docket Number 97-1001-PWS-E; PWS Number 0260012; Enforcement ID Number 11748 on May 13, 1998 assessing $1,075 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Bhaskar Reddi, Enforcement Coordinator at (512)239-6646, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding FLOMOT WATER SUPPLY CORPORATION, Docket Number 97-0228-PWS-E; PWS Number 1730003; CCN Number 12577; Enforcement ID Number 6961 on May 13, 1998 assessing $11,823 in administrative penalties with $11,223 deferred.

Information concerning any aspect of this order may be obtained by contacting Sabelyn Pussman, Enforcement Coordinator at (512)239-6061, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding HUNTER MINISTRIES CITY OF LIGHT, Docket Number 97-0558-PWS-E; PWS Number 1700425 on May 13, 1998 assessing $630 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Tom Napier, Enforcement Coordinator at (512)239-6063, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding FRIO WATER, INCORPORATED, Docket Number 97-0708-PWS-E; PWS Number 0590010; CCN Number 12327 on May 13, 1998 assessing $630 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Sabelyn Pussman, Enforcement Coordinator at (512)239-6061, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding THOMAS AND JEAN DAVIS DBA EAST CEDAR CREEK WS, Docket Number 97-0591-PWS-E; TNRCC ID Number 1450019; Enforcement ID Number 11407 on May 13, 1998 assessing $1,375 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Terry Thompson, Enforcement Coordinator at (512)239-6095, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding B.C. UTILITIES, INCORPORATED, Docket Number 97-0878-PWS-E; PWS Number 1010180 on May 13, 1998 assessing $3,760 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Tom Napier, Enforcement Coordinator at (512)239-6063, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding JOHN A. HARRIS DBA SPRING LAKE MOBILE HOME PARK, Docket Number 96-1710-PWS-E; PWS Number 2120028; Permit Number 13712-001; Enforcement ID Numbers 7103 and 8393 on May 13, 1998 assessing $9,330 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Booker Harrison, Staff Attorney at (512)239-4113 or Merrilee Mears, Enforcement Coordinator at (512)239-4490, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CITY OF MILFORD, Docket Number 97-0985-MWD-E; Permit Number 10730-001 (Expired); Enforcement ID Number 8160 on May 13, 1998 assessing $3,360 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Karen Berryman, Enforcement Coordinator at (512)239-2172, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CITY OF KEENE, Docket Number 97-0943-MWD-E; Permit Number 10611-002; Enforcement ID Number 8211 on May 13, 1998

Information concerning any aspect of this order may be obtained by contacting Laurie Eaves, Enforcement Coordinator at (512)239-4495, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CITY OF DILLEY, Docket Number 97-0818-MWD-E; Permit Number 10404-001 on May 13, 1998 assessing $13,280 in administrative penalties.

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

An agreed order was entered regarding CITY OF BARDWELL, Docket Number 97-0938-MWD-E; Permit Number 13675-001; Enforcement ID Number 8164 on May 13, 1998 assessing $3,360 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Brian Lehmulke, Enforcement Coordinator at (512)239-4482, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ORANGE COUNTY WATER CONTROL & IMPROVEMENT DISTRICT Number 2, Docket Number 97-0967-MWD-E; Permit Number 10240-001; Enforcement ID Number 8640 on May 13, 1998 assessing $10,400 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Mary Smith, Enforcement Coordinator at (512)239-4484, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CORRUGATED SERVICES, INCORPORATED, Docket Number 97-0727-AIR-E; Account Number KB-0156-B on May 13, 1998 assessing $9,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Kevin Cauble, Enforcement Coordinator at (512)239-1874, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CHEVRON U.S.A. PRODUCTS COMPANY, INCORPORATED, Docket Number 97-0761-AIR-E; Account Number EE-0082-P; Enforcement ID Number 10633 on May 13, 1998 assessing $69,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Sheila Smith, Enforcement Coordinator at (512)239-1670, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding E.I. DUPONT DE NEMOURS AND COMPANY, INCORPORATED, Docket Number 97-0905-AIR-E; Account Number VC-0008-Q; Enforcement ID Number 12002 on May 13, 1998 assessing $22,800 in administrative penalties with $4,560 deferred.

Information concerning any aspect of this order may be obtained by contacting Adele Noel, Enforcement Coordinator at (512)239-1045, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding JOHNSON PAINT AND BODY, Docket Number 97-0755-AIR-E; Account Number TA-2966-W on May 13, 1998 assessing $750 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Paul Sarahan, Staff Attorney at (512)239-3422 or Kevin Cauble, Enforcement Coordinator at (512)239-1874, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding TEJAS ALTERNATIVE ENERGY SYSTEMS INC. DBA TRUCK SHACK, Docket Number 96-1896-AIR-E; Account Number HX-0981-V on May 13, 1998 assessing $2,749.92 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Tracy Harrison, Staff Attorney at (512)239-1736 or Sheila Smith, Enforcement Coordinator at (512)239-1670, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding SHELL OIL COMPANY, Docket Number 97-1012-IHW-E; SWR Number 30007; EPA ID Number TXD067285973; Enforcement ID Number 1021 on May 13, 1998 assessing $23,100 in administrative penalties with $4,620 deferred.

Information concerning any aspect of this order may be obtained by contacting Anne Nyffenegger, Enforcement Coordinator at (512)239-2554, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding LESLIE SKALITSKY, Docket Number 97-0258-MSW-E; TNRCC ID Number 70252; Enforcement ID Number 2767 on May 13, 1998 assessing $960 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Barbara Lazard, Staff Attorney at (512)239-0674 or Seyed Miri, Enforcement Coordinator at (512)239-6793, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding MR. RICHARD D. DAVIS, L.L.P., Docket Number 96-0361-PST-E; Facility ID Number 49895; Enforcement ID Number 5176 on May 13, 1998 assessing $6,900 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Hodgson Eckel, Staff Attorney at (512)239-2195 or Mick Wilson, Enforcement Coordinator at (512)239-2228, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding KEES VANDERLEI, Docket Number 97-0114-AGR-E; TNRCC ID Number 03158; Enforcement ID Number 9559 on May 13, 1998 assessing $18,160 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Tracy Harrison, Staff Attorney at (512)239-1736 or Claudia Chaffin, Enforcement Coordinator at (512)239-4717, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-9808611

Eugenia K. Brumm, Ph. D.

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: May 27, 1998


Notice of Application to Appropriate Public Waters of The State of Texas

The following notice of application for a permit to appropriate Public Waters of the State of Texas was issued on May 15, 1998.

HUNTERS CREEK HOMEOWNERS ASSOCIATION, INC.; P. O. Box 385, Judson, Texas 75660-0385; Application Number 5608 for a permit for authorization to maintain an existing dam and 55.6 acre-foot capacity reservoir on Panther Creek, tributary of Little Cypress Creek, tributary of Big Cypress Creek, Cypress Creek Basin. The dam and reservoir will be used for in-place recreational purposes in a housing subdivision. The applicant is also requesting authorization to divert not to exceed 34 acre-feet of water per year from the perimeter of the reservoir. The water will be diverted by individual landowners in the subdivision at a combined maximum rate of 500 gallons per minute (1.11 cubic feet per second) for irrigation of their lawns. If granted in the permit, the right to the use of water for irrigation purposes will not attach to the land being irrigated. The dam and reservoir are located in Gregg County, approximately 6.5 miles northeast of Longview, Texas, and were constructed in 1983, according to the applicant.

The Executive Director may approve these applications unless a written hearing request is filed in the Chief Clerk's Office of the TNRCC within 30 days after newspaper publication of the notice of application. To request a hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the applicant and the application number; (3) the statement "I/we request a public hearing;" (4) a brief description of how you would be adversely affected by the granting of the application in a way not common to the general public; and (5) the location of your property relative to the applicant's operations.

If a hearing request is filed, the Executive Director will not approve the application and will forward the application and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting. If a hearing is held, it will be a legal proceeding similar to civil trials in state district court.

If you wish to appeal a permit issued by the Executive Director, you may do so by filing a written Motion for Reconsideration with the Chief Clerk of the Commission no later than 20 days after the date the Executive Director signs the permit.

Requests for a public hearing must be submitted in writing to the Chief Clerk's Office, MC 105, TNRCC, P.O. Box 13087, Austin, TX 78711-3087. Individual members of the public who wish to inquire about the information contained in this notice, or to inquire about other agency permit applications or permitting processes, should call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040.

TRD-9808610

Eugenia K. Brumm, Ph. D.

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: May 27, 1998


Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions

The Texas Natural Resource Conservation Commission (TNRCC or commission) Staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (the Code), §7.075, which requires that the TNRCC may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is July 5, 1998 . Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO are made in response to written comments.

A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable Regional Office listed as follows. Written comments about these AOs should be sent to the enforcement coordinator designated for each AO at the TNRCC's Central Office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on July 5, 1998 . Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The TNRCC 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 should be submitted to the TNRCC in writing .

(1)COMPANY: Adrian Wheat Growers, Inc.; DOCKET NUMBER: 97-1141-PST-E; IDENTIFIER: Petroleum Storage Tank Facility Identification Number 102; LOCATION: Adrian, Oldham County, Texas; TYPE OF FACILITY: retail gasoline service station; RULE VIOLATED: 30 TAC §334.51(b)(2)(B) and (C), by failing to provide appropriate spill prevention equipment and overfill protection equipment on three underground storage tanks; PENALTY: $600; ENFORCEMENT COORDINATOR: Kellie Prescott, (806) 353-9251; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(2)COMPANY: Aristech Chemical Corporation; DOCKET NUMBER: 97-1031-AIR-E; IDENTIFIER: Account Number HG-1249-P; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: chemical plant; RULE VIOLATED: 30 TAC §116.116(b) and the Act, §382.085(b), by failing to control vent streams as outlined in Permit Application Number 1899A; PENALTY: $12,000; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3)COMPANY: Chambers County; DOCKET NUMBER: 97-1035-MSW-E ; IDENTIFIER: Municipal Solid Waste Facility Identification Number 2710; LOCATION: Anahuac, Chambers County, Texas; TYPE OF FACILITY: permitted municipal solid waste landfill; RULE VIOLATED: 30 TAC §330.301, by failing to meet the floodplain location restriction; 30 TAC §330.111, by filling above the permitted final contour elevations and out of sequence; and 30 TAC §330.56(f), by failing to comply with the groundwater and surface water protection plan and drainage plan; PENALTY: $31,763; ENFORCEMENT COORDINATOR: Seyed M. Miri, (512) 239-6793; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(4)COMPANY: Alfred Haas dba Chaney Point RV Park; DOCKET NUMBER: 97-1168-PWS-E; IDENTIFIER: Public Water Supply Number 2500050; LOCATION: near Alba, Wood County, Texas; TYPE OF FACILITY: public drinking water; RULE VIOLATED: 30 TAC §290.39(d), by failing to submit "as-built" plans of the existing system; 30 TAC §290.41(c)(3)(A), by failing to submit to the commission the well completion data; 30 TAC §290.46(e) and (f)(1)(A) and (2), by failing to operate the system under the direct supervision of a certified water works operator, by failing to maintain a chlorine residual of 0.2 milligrams per liter, and by failing to employ a chlorine residual test kit that uses the diethyl-p-phenylenediamine method; 30 TAC §290.106(a), by failing to collect bacteriological samples; and 30 TAC §290.45(b)(1)(A) and (c)(1), by failing to provide the community water system and the noncommunity water system with adequate well and pressure tank capacities; PENALTY: $550; ENFORCEMENT COORDINATOR: Subhash Jain, (512) 239-5867; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(5)COMPANY: City of Graham; DOCKET NUMBER: 97-1121-MSW-E; IDENTIFIER: Municipal Solid Waste Unauthorized Transfer Station Number 455030027; LOCATION: Graham, Young County, Texas; TYPE OF FACILITY: unauthorized transfer station; RULE VIOLATED: 30 TAC §330.4, by failing to register the City of Graham's citizens' collection station as a transfer station prior to acceptance of waste from contractors and commercial users; PENALTY: $1,800; ENFORCEMENT COORDINATOR: John Mead, (512) 239-6010; REGIONAL OFFICE: 209 South Danville, Suite 200B, Abilene, Texas 79605-1451, (915) 698-9674.

(6)COMPANY: City of La Grange; DOCKET NUMBER: 97-0913-MWD-E; IDENTIFIER: Permit Number 10019-001; LOCATION: La Grange, Fayette County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 10019-001 and the Code, §26.121, by exceeding the permitted total suspended solids limit; PENALTY: $0; ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 1921 Cedar Bend, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(7)COMPANY: Ergon Asphalt and Emulsions, Incorporated; DOCKET NUMBER: 97-0999-IWD-E; IDENTIFIER: Permit Number 03877; LOCATION: near Mount Pleasant, Titus County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 03877 and the Code, §26.121, by exceeding the daily maximum total suspended solids permit limitation; PENALTY: $9,760; ENFORCEMENT COORDINATOR: Merrilee Mears, (512) 239-4490; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(8)COMPANY: Glossop Gas Company, L. C.; DOCKET NUMBER: 98-0357-AIR-E; IDENTIFIER: Account Number PE-0046-G; LOCATION: near Fort Stockton, Pecos County, Texas; TYPE OF FACILITY: natural gas processing plant; RULE VIOLATED: 30 TAC §122.130(a), §122.121, and the Act, §382.085(b), by failing to submit a timely and complete federal operating permit application and by operating emission units without a permit; PENALTY: $5,400; ENFORCEMENT COORDINATOR: Kevin Cauble, (512) 239-1874; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5421, (915) 570-1359.

(9)COMPANY: Gulf Chemical and Metallurgical Corporation; DOCKET NUMBER: 97-1144-AIR-E; IDENTIFIER: Account Number BL-0029-V; LOCATION: Freeport, Brazoria County, Texas; TYPE OF FACILITY: secondary nonferrous metal recovery plant; RULE VIOLATED: 30 TAC §116.115(a), Permit Number 19793, and the Act, §382.085(b), by operating with visible emissions from the electric arc furnace building; PENALTY: $1,800; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(10)COMPANY: Harbour Seafood, Incorporated; DOCKET NUMBER: 97-1157-PWS-E; IDENTIFIER: Public Water Supply Number 0840234; LOCATION: San Leon, Galveston County, Texas; TYPE OF FACILITY: public drinking water; RULE VIOLATED: 30 TAC §290.106(a)(2) and (b)(4), by failing to submit monthly water samples for bacteriological analysis and by failing to submit the required number of repeat water samples for bacteriological analysis; PENALTY: $1,875; ENFORCEMENT COORDINATOR: Bhasker Reddi, (512) 239-6646; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(11)COMPANY: Sherman Foundry Company, Incorporated; DOCKET NUMBER: 98-0088-AIR-E; IDENTIFIER: Account Number GI-0058-D; LOCATION: Sherman, Grayson County, Texas; TYPE OF FACILITY: cast iron foundry; RULE VIOLATED: 30 TAC §116.115(a), Permit Number 5251, and the Act, §382.085(b), by operating without all pollution abatement equipment in good working order and operating properly, by allowing visible emissions to leave the plant property boundary, and by failing to vent all gases from the cupola furnace to the baghouse; PENALTY: $3,125; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(12)COMPANY: Smith Farms, Incorporated; DOCKET NUMBER: 97-1052-AIR-E; IDENTIFIER: Account Number FC-0024-L; LOCATION: Flatonia, Fayette County, Texas; TYPE OF FACILITY: grain mill; RULE VIOLATED: 30 TAC §101.4 and the Act, §382.085(a) and (b), by creating nuisance dust; and 30 TAC §101.6, §101.7, and the Act, §382.085(b), by failing to notify the TNRCC of an upset condition and of maintenance; PENALTY: $9,375; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 1921 Cedar Bend, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

TRD-9808523

Kevin McCalla

Director, Legal Division

Texas Natural Resource Conservation Commission

Filed: May 26, 1998


Notice of Public Hearing (Chapter 115)

Notice is hereby given that pursuant to the requirements of the Texas Health and Safety Code Annotated,§382.017 (Vernon's 1992); Texas Government Code Annotated, Subchapter B, Chapter 2001 (Vernon's 1993); and 40 Code of Federal Regulations, §51.102, of the United States Environmental Protection Agency regulations concerning State Implementation Plans (SIP), the Texas Natural Resource Conservation Commission (commission) will conduct a public hearing to receive testimony regarding revisions to 30 TAC Chapter 115 and to the SIP concerning consumer products definitions.

This proposal would amend the commission's consumer products rule to exclude a new type of insecticide designed to kill house dust mites from the volatile organic compound (VOC) limitation applicable to other crawling bug insecticides. The insecticide formulation necessary to kill house dust mites requires that the VOC content exceed the limitation contained in §115.612(a). The amendment adds language to the §115.600 definition of "crawling bug insecticide" to differentiate a "house dust mite" from other crawling bugs and a "house dust mite product" from crawling bug insecticides. This rule amendment will permit the sale of such products in Texas. The amendment will also number the individual definitions in the section to conform to new Texas Register standards.

A public hearing on this proposal will be held in Austin on June 29, 1998, at 11:00 a.m. in Building F, Room 5108, at the commission complex, located at 12100 North IH-35, Park 35 Circle, Austin. Individuals may present oral statements when called upon in order of registration. Open discussion will not occur during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing.

Written comments may be mailed to Ms. Heather Evans, Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Comments must be received by 5:00 p.m., July 6, 1998. For further information on this proposal, please contact Mr. Steve Ortiz, Air Policy and Regulations Division, at (512) 239-2008.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the agency at (512) 239-4900. Requests should be made as far in advance as possible.

TRD-9808402

Kevin McCalla

Director, Legal Division

Texas Natural Resource Conservation Commission

Filed: May 22, 1998


Provisionally-Issued Temporary Permits to Appropriate State Water

Permits issued during the period of May 27, 1998:

Application Number TA-7952 by Intercontinental Terminals Co. for diversion of 120 acre-feet in a 1-year period for industrial (hydrostatic testing) use. Water may be diverted from Buffalo Bayou (Houston Ship Channel), San Jacinto River Basin, approximately 15 miles east of Houston, Harris County, Texas near the crossing of Tidal Road and Buffalo Bayou (Houston Ship Channel).

The Executive Director of the TNRCC has reviewed each application for the permits listed and determined that sufficient water is available at the proposed point of diversion to satisfy the requirements of the application as well as all existing water rights. Any person or persons who own water rights or who are lawful users of water on a stream affected by the temporary permits listed above and who believe that the diversion of water under the temporary permit will impair their rights may file a complaint with the TNRCC. The complaint can be filed at any point after the application has been filed with the TNRCC and the time the permit expires. The Executive Director shall make an immediate investigation to determine whether there is a reasonable basis for such a complaint. If a preliminary investigation determines that diversion under the temporary permit will cause injury to the complainant the commission shall notify the holder that the permit shall be canceled without notice and hearing. No further diversions may be made pending a full hearing as provided in §295.174. Complaints should be addressed to Water Rights Permitting Section, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, Telephone (512) 239-4433. Information concerning these applications may be obtained by contacting the Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, Telephone (512) 239-3300.

TRD-9808609

Eugenia K. Brumm, Ph. D.

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: May 27, 1998


North Texas Tollway Authority

Request for Qualifications Surveying Services

The following request for qualifications ("RFQ") for providing professional turnpike surveying services is filed under the provisions of Chapter 2254, Subchapter A, of the Texas Government Code.

The North Texas Tollway Authority (the "NTTA") is soliciting statements of interest and qualifications for professional surveying firms to manage, monitor, and provide surveying services for the Southwest Parkway turnpike project in Tarrant and Johnson counties.

Proposed fees or budgets shall not be submitted with any initial response or other communication of a firm. A qualification packet is being prepared for the surveying services and will be issued to each firm filing a written notice that it desires to respond and which requests a copy of the packet which will be available for distribution after June 1, 1998.

The NTTA will not accept requests for nor issue the surveying services qualification packet after June 13, 1998. No RFQ responses will be accepted by the NTTA after 5:00 p.m., CDST, June 30, 1998.

When a firm responds by filing its qualifications, it shall include a statement regarding the affirmative action program of the firm and shall include a statement that the responding surveying firm has familiarized itself with the NTTA Historically Underutilized Business Policy and will conform with that policy.

Qualifications filed will be reviewed by a selection committee to identify those most qualified and experienced respondents who may be interviewed by the committee for capabilities best suited to specific assignments. The final professional surveying firm selection will be made following completion of interviews, if any, and negotiation of a satisfactory fee.

Questions concerning this assignment shall be directed to James W. Griffin, Chief Engineer, North Texas Tollway Authority, P.O. Box 190369, Dallas, Texas 75219-0369, (214) 522-6200.

TRD-9808525

James W. Griffin

Chief Engineer

North Texas Tollway Authority

Filed: May 26, 1998


Texas Department of Protective and Regulatory Services

Correction of Error

The Texas Department of Protective and Regulatory Services (TDPRS) submitted new sections that contained errors as published in the May 8, 1998, issue of the Texas Register (23 TexReg 4551). The following item was printed incorrectly.

On page 4557, §710.49(b) should read as follows: (b) Allegations in which the alleged perpetrator is an employee of an ISD and the ISD is a contractor of the community center shall be investigated by the APS investigator in accordance with the procedures outlined in this subchapter. The APS investigator shall notify the superintendent of the ISD, the executive director of the community center, and the appropriate local or state law enforcement agency of such allegations.

Also on page 4557, §710.50 was omitted and should read: §710.50. Functions of the Office of Adult Protective Services. The functions of the Office of Adult Protective Services related to community center investigations are to: (1) develop policy related to investigations in community centers; (2) monitor and evaluate for quality assurance and compliance with adult protective services (APS) program standards; (3) provide consultation and technical assistance to APS regional staff; and (4) coordinate with the Texas Department of Protective and Regulatory Services' (TDPRS's) professional development division in the development of training curricula.

Request for Proposal-Healthy Families Planning Grant to Establish New Programs

The Texas Department of Protective and Regulatory Services (TDPRS), Community Initiatives Division, announces a request for proposal (RFP) for planning grants to start new Healthy Families programs in communities across Texas.

Brief Description of Services : The Department wishes to fund five planning grants to assist community organizations in establishing intensive family visitation programs under the Healthy Families model as taught by Healthy Families America under the National Committee to Prevent Child Abuse or the Family Institute of America (formerly Healthy Start Hawaii). Healthy Families services are targeted to new parents and their newborn infants for the first three to five years of life. During fiscal year 1999, funding will be used for planning and to build community partnerships. Contractors that successfully complete the planning year and are ready to begin service delivery in year 2 will be eligible for funds to begin service delivery in fiscal year 2000. Programs established under this RFP must commit to meet the criteria for critical program elements as prescribed by Healthy Families of America or the Family Institute of America. In the first 60 days of year 2, service delivery staff must be trained by Healthy Families certified trainers using curriculum developed by the National Committee to Prevent Child Abuse (NCPCA) or Healthy Start of Hawaii.

Terms and Amount : Five planning contracts for $30,000 each will be awarded for 12 months in fiscal year 1999 with possible expansion to service delivery in fiscal year 2000, depending on available funds and contractor performance. During the planning year the contractor must provide cash or in-kind local match equal to a minimum of 20% of the total budget. These five planning grant contractors will be eligible, based on performance under the initial contract, to receive an additional contract for service delivery in fiscal year 2000 if funds are available. The service delivery contract may be renewed annually at the Department's discretion for an additional two years. It is anticipated that approximately $600,000 will be available for the five contracts for fiscal year 2000 with a match requirement of at least 10% of the total budget. In the first year of service delivery (fiscal year 2000) programs are expected to serve 30-60 families through the Healthy Families contract.

RFP Release Date : RFPs will be mailed to requesters on June 9, 1998 via certified mail. RFPs may be picked up at the address listed below on or after June 9, 1998 after 11 a.m.

Closing Date : All proposals must be received by July 15, 1998 at 3:00 p.m. Central Daylight Time to be considered. Contracts awarded under this proposal take effect September 1, 1998.

Written Questions : Written questions regarding the RFP may be mailed or faxed to TDPRS, and must be received by June 26, 1998, 3:00 p.m. Central Daylight Savings Time. Questions will not be accepted after this date. Written questions will be answered in writing and mailed by PRS no later than July 3, 1998.

Selection and Evaluation : Selection will be based on the Plan of Operation (70%) and the Cost Information (30% ). Preference will be given to geographic areas where services are not available.

The Plan of Operation percentage points are as follows : 15%-- Documentation of evidence of community need; 20%--Documentation of community collaboration and partnership; 20%--Documentation of plans for implementing services according to the Healthy Families model; 15%--Documentation of leadership, planning ability and staff qualifications; 70%--Total for plan of operation.

Contact Person : Responses must be submitted to: Mary Birnbaum, mail code E-541; Texas Department of Protective and Regulatory Services; mailing address: P. O. Box 149030; Austin, Texas 78714-9030; street address: 701 West 51st Street (Winters Building, Fifth Floor, East Tower, Section I); Austin, Texas 78751; phone: (512) 438-3755; fax: (512) 438-2031.

TRD-9808613

C. Ed Davis

Deputy Commissioner for Legal Services

Texas Department of Protective and Regulatory Services

Filed: May 27, 1998


Public Utility Commission of Texas

Applications to Introduce New or Modified Rates or Terms Pursuant to P.U.C. Substantive Rule §23.25

Notice is given to the public of an application filed with the Public Utility Commission of Texas on May 15, 1998, to introduce new or modified rates or terms pursuant to P.U.C. Substantive Rule §23.25, Procedures Applicable to Chapter 58-Electing Incumbent Local Exchange Companies (ILECs) .

Tariff Title and Number: Notification of Southwestern Bell Telephone Company To Institute Promotional Rates For Residence and Business Customers In All Texas LATAs Who Subscribe to Call Forwarding-Busy Line/Don't Answer Between June 1, 1998 and July 31, 1998. Tariff Control Number 19350.

The Application: Southwestern Bell Telephone Company is instituting promotional rates for residence and business customers in all Texas LATAs who subscribe to Call Forwarding-Busy Line/Don't Answer between June 1, 1998 and July 31, 1998. During the promotional period, new subscribers of Call Forward-Busy Line/Don't Answer will receive a credit equal to one month of service and a waiver of the non-recurring installation charge.

Persons who wish to intervene in this proceeding should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 by the fifth working day after publication of this notice. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9808627

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 27, 1998


Notice is given to the public of an application filed with the Public Utility Commission of Texas on May 15, 1998, to introduce new or modified rates or terms pursuant to P.U.C. Substantive Rule §23.25, Procedures Applicable to Chapter 58-Electing Incumbent Local Exchange Companies (ILECs) .

Tariff Title and Number: Notification of Southwestern Bell Telephone Company To Institute Promotional Rates For Business Customer Subscribing to BizSaver and THE WORKS Pursuant to PURA §58.103 and P.U.C. Substantive Rule §23.25. Tariff Control Number 19355.

The Application: Southwestern Bell Telephone Company is instituting a promotion that provides free 10% Discount Optional Calling Plan (OCP) to new business customers subscribing to the BizSaver and THE WORKS vertical services packages. During the 90-day promotional period, new customers subscribing to BizSaver and THE WORKS will receive the 10% Discount OCP with a waiver of the $3.00 monthly fee. This promotion is effective June 1, 1998 through August 29, 1998.

Persons who wish to intervene in this proceeding should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 by the fifth working day after publication of this notice. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9808628

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 27, 1998


Notices of Amended Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas of an amended application on May 18, 1998, for a service provider certificate of operating authority (SPCOA), restricted to resale, pursuant to §§54.154 - 54.159 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Trans National Telecommunications, Inc., for a Service Provider Certificate of Operating Authority, Docket Number 19277 before the Public Utility Commission of Texas.

Applicant intends to resell the existing services of the incumbent local exchange carriers where available.

Applicant's requested SPCOA geographic area includes those exchanges served by GTE Southwest, Inc., and Southwestern Bell Telephone Company within the state of Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than June 5, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9808493

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 22, 1998


Notice is given to the public of the filing with the Public Utility Commission of Texas of an amended application on May 22, 1998, for a service provider certificate of operating authority (SPCOA), restricted to resale, pursuant to §§54.154 - 54.159 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Telecom Licensing, Inc., for a Service Provider Certificate of Operating Authority, Docket Number 19309 before the Public Utility Commission of Texas.

Applicant intends to resell local exchange services offered by the incumbent local exchange carriers, including Southwestern Bell Telephone Company and GTE Southwest, Inc., and other certificated facilities-based competitive local exchange carriers. These services include dial tone, switched access services, special and private line services, and other vertical services. The Applicant proposes to package these services for the specialized functions and needs of its customers.

Applicant's requested SPCOA geographic area includes the geographic area of the entire state of Texas currently served by Southwestern Bell Telephone Company and GTE Southwest, Inc.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512)936-7120 no later than June 10, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9808547

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 26, 1998


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

On May 15, 1998, LCI International Telecom Corp., filed an application with the Public Utility Commission of Texas (PUC) to amend its service provider certificate of operating authority (SPCOA) restricted to resale granted in SPCOA Certificate Number 60024. Applicant intends to remove the resale-only restriction and expand its geographic area to include the entire state of Texas.

The Application: Application of LCI International Telecom Corp., for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 19356.

Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the commission at the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326 no later than June 10, 1998. You may contact the PUC Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 19356.

TRD-9808318

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 21, 1998


Notice of Application for Modification to Service Provider Certificates of Operating Authority

On May 11, 1998, Time Warner Telecom of Texas, L.P., formerly Time Warner Communications of Austin, L.P., restyled on May 26, 1998, as Application of Time Warner Communications of Austin, L.P., to Transfer its Service Provider Certificate of Operating Authority to Time Warner Telecom of Texas, L.P., and Applications of Time Warner Communications - Houston and Fibrcom, Incorporated, to Relinquish Their Service Provider Certificates of Operating Authority, filed an application with the Public Utility Commission of Texas (PUC) to amend its service provider certificates of operating authority (SPCOA) granted in SPCOA Certificate Numbers 60124, 60123, and 60138. Applicant intends to transfer SPCOA Certificate Number 60124 to Time Warner Telecom of Texas, L.P., and surrender SPCOA Certificate Numbers 60123 and 60138.

The Application: Application of Time Warner Communications of Austin, L.P., to Transfer its Service Provider Certificate of Operating Authority to Time Warner Telecom of Texas, L.P., and Applications of Time Warner Communications - Houston and Fibrcom, Incorporated, to Relinquish Their Service Provider Certificates of Operating Authority, Docket Number 19302.

Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the commission at the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326 no later than June 10, 1998. You may contact the PUC Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 19302.

TRD-9808549

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 26, 1998


Notice of Application for Sale, Transfer, or Merger

Notice is given to the public of the filing with the Public Utility Commission of Texas an application for sale, transfer, or merger on April 28, 1998, pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated §14.101 (Vernon 1998).

Docket Style and Number: Application for sale, transfer, or merger of Brazos Electric Power Cooperative, Inc. Docket Control Number 19250.

The Application: Brazos Electric Power Cooperative, Inc., seeks approval of its sale of its Hearne Southwest Substation to the City of Hearne, in accordance with Public Utility Regulatory Act §14.101. Brazos Electric Power Cooperative, Inc., asserts that approval of this application will not result in a rate increase for its customers.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact, not later than July 23, 1998, the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Consumer Protection at (512) 936- 7120. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-9808519

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 22, 1998


Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on May 18, 1998, for a service provider certificate of operating authority (SPCOA), to provide facilities-based services pursuant to §§54.154 - 54.159 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of CoServ, L.L.C. for a Service Provider Certificate of Operating Authority, Docket Number 19206 before the Public Utility Commission of Texas.

Applicant intends to provide the entire range of local exchange and exchange access telecommunications services, as well as enhanced ISDN services.

Applicant's requested SPCOA geographic area includes the entire state of Texas except for the counties of Borden, Garza, Dawson, Gaines, Hockley, Lynn, Yoakum, Mortin, and Terry served by Poka Lambro Telephone Cooperative, Inc.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than June 10, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9808494

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 22, 1998


Notice of Application to Reconcile Fuel Expenses

Notice is given to the public of the filing with the Public Utility Commission of Texas on May 11, 1998, of an application to reconcile fuel expenses, pursuant to §36.203 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Sam Rayburn G & Electric Cooperative, Inc., to Reconcile Fuel Expenses for the Period March 1995 Through December 1997, Docket Number 19303, before the Public Utility Commission of Texas.

Calculating a net overrecovery of $905,796, plus interest, the Applicant proposes a refund in the form of lump sum credits to be applied to the June and July 1998 billings of its three member distribution cooperatives, Sam Houston Electric Cooperative, Inc., Houston County Electric Cooperative, Inc., and Jasper-Newton Electric Cooperative, Inc.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than July 10, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9808554

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 26, 1998


Notices of Intent to File Pursuant to P.U.C. Substantive Rule §23.27

Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to P.U.C. Substantive Rule §23.27 for a new PLEXAR-Custom service for The SABRE Group, Inc. in Fort Worth, Texas.

Tariff Title and Number: Application of Southwestern Bell Telephone Company for a new PLEXAR-Custom service for The SABRE Group, Inc. in Fort Worth, Texas pursuant to P.U.C. Substantive Rule §23.27. Tariff Control Number 19366.

The Application: Southwestern Bell Telephone Company is requesting approval for a new PLEXAR-Custom service for The SABRE Group, Inc. in Fort Worth, Texas. The designated exchange for this service is the Fort Worth exchange, and the geographic market for this specific PLEXAR-Custom service is the San Antonio LATA.

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 call the commission's Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9808492

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 22, 1998


Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to P.U.C. Substantive Rule §23.27 for a 265 station addition to the existing PLEXAR-Custom service for City of Fort Worth in Fort Worth, Texas.

Tariff Title and Number: Application of Southwestern Bell Telephone Company for a 265 Station Addition to the Existing PLEXAR-Custom Service for City of Fort Worth in Fort Worth, Texas Pursuant to P.U.C. Substantive Rule §23.27. Tariff Control Number 19374.

The Application: Southwestern Bell Telephone Company is requesting approval for a 265 station addition to the existing PLEXAR-Custom service for City of Fort Worth in Fort Worth, Texas. The designated exchange for this service is the Fort Worth exchange, and the geographic market for this specific PLEXAR-Custom service is the Dallas LATA.

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 call the commission's Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9808546

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 26, 1998


Notice of Workshop on Electric Switchover Rule

The staff of the Public Utility Commission of Texas will hold a workshop on Tuesday, June 30, 1998 to review the commission's electric switchover rule (Substantive Rule §23.44(c)(1)). This proceeding has been assigned Project Number 18876.

The workshop will be held from 9:00 a.m. to noon in the commissioners' hearing room on the seventh floor of the William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701. By June 4, 1998, staff will file a draft rule under Project Number 18876. Parties should file written comments by June 22, 1998. The written comments will be discussed at the workshop. If you have any questions, contact Keith Rogas at (512) 936-7277 or rogas@puc.state.tx.us.

TRD-9808548

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 26, 1998


Red River Redevelopment Authority

Utilities Request for Proposal

The Red River Redevelopment Authority (RRRA) is seeking written and sealed statements of Qualification and Conceptual Business Plan Outlines of single companies or a consortium for the privatization of all utilities systems at Red River Army Depot (RRAD) and Lone Star Army Ammunition Plant (LSAAP). The systems included are water, sanitary sewer, industrial waste treatment, electric, natural gas, telecommunications, and steam.

Responses submitted meeting administrative criteria in the mail out request will be evaluated by a committee of Authority Board members, Staff members, and Community Business Leaders. All responses will be considered on a best business practice basis and the preferred candidate will be invited for due diligence on the systems and a negotiated agreement after approval by the full RRRA board. Alternate respondents will be designated in the event agreement cannot be reached with the preferred respondent.

Respondents are asked to consider all systems as a single package and only responses that include all systems will be considered.

All those interested in receiving a copy of the solicitation should contact the Executive Director at the following address immediately: Red River Redevelopment Authority, Attn: Richard Hall, Executive Director, P.O. Box 248, New Boston, TX, 75570 or by calling 903-628-6777, or by FAX at 903-628-6778.

POC - Rich Hall, 903-628-6777/76, e-mail: richhall@txk.net; FAX: 903-628-6778

TRD-9808664

Richard Hall

Executive Director

Red River Redevelopment Authority

Filed: May 28, 1998


Texas Savings and Loan Department

Notice of Application for Remote Service Unit of a Savings Bank

Notice is hereby given that application has been filed with the Savings and Loan Commissioner of Texas by: First American Bank Texas, Bryan, Texas, for approval to establish and operate a remote service unit at the following location: 12727 FM 2154, Wellborn and Rock Prairie Roads, College Station (Brazos County), Texas.

The applicant savings bank asserts that: the security of the savings bank's funds and that of its account holders will be maintained and the proposed service will be a substantial convenience to the public.

Anyone desiring to protest the above application must file a written protest with the Commissioner within 10 days following publication. The Commissioner may dispense with a hearing on this application.

This application is filed pursuant to rule 7 TAC §75.37 of the Rules and Regulations Applicable to Texas Savings Banks. These rules are on file with the Secretary of State, Texas Register Division, or may be seen at the Department's offices in the Finance Commission Building, 2601 North Lamar, Suite 201, Austin, Texas 78705.

TRD-9808351

James L. Pledger

Commissioner

Texas Savings and Loan Department

Filed: May 21, 1998


Texas Department of Transportation

Notice of Invitation - Contract Numbers 14-8XXP0001 and 14-8XXP0002

The Austin District of the Texas Department of Transportation (TxDOT) intends to enter into two contracts with two professional engineers pursuant to Texas Government Code, Chapter 2254, Subchapter A, and 43 TAC §§9.30-9.43, to provide the following services. To be considered, a Prime Provider and any Subproviders proposed on the team must be precertified by the deadline date for receiving the letter of interest for each of the advertised work category(s) unless the work type is a non-listed work category. To qualify for contract award, a selected prime engineer must perform a minimum of 30% of the actual work. Please be advised, a prime provider or subprovider currently employing former TxDOT employees needs to be aware of the revolving door laws, including Government Code, Chapter 572 and Section 52, Article IX, of the General Appropriations Bill. To be considered, the proposed team must demonstrate that they have a professional engineer registered in Texas who will sign and seal the work to be performed on the contract.

Contract Numbers: 14-8XXP0001 and 14-8XXP0002 - The precertified work categories and percentage of the work per category are: 12.2.1 Portland Cement Concrete (100%). The Austin District will contract with two providers to provide on call concrete sampling and testing for road and bridge construction projects within the Austin District. All sampling and testing shall be in accordance with TxDOT's "Manual of Testing Procedures" and project specifications. The consultant selection team has determined a range of scores for providers that are considered equally qualified to perform the work to be not less than 850 points out of a maximum 900 points.

Long List Criteria: TxDOT will consider the following criteria in its review of all interested providers.

Historically Underutilized Business (HUB) Goal: There is no goal for HUB participation for the work to be performed under this contract. However, the Austin District's goal is 20% of the total contract amount for all Laboratory Testing Contracts. Qualified HUB's are encouraged to respond to this Notice.

1. Past Performance Scores: Minimum requirements - Providers shall include in the Letter of Interest the name, address and telephone number of one reference regarding concrete testing for transportation projects. Preferred requirements - Providers shall include in the Letter of Interest the name, address and telephone number of two references regarding concrete testing for transportation projects.

2. Project Requirements (Team Capability/Experience): Portland Cement Concrete (12.1.2) - Minimum requirements: As established by the minimum precertification standards. Preferred requirements: In addition to the minimum requirements, the provider must demonstrate the capability to test at several sites simultaneously.

3. Special (similar) Project Related Experience of Project Manager And Team Members. Portland Cement Concrete (12.1.2) - Minimum requirements: As established by the minimum precertification standards. Preferred requirements: In addition to the minimum requirements, the Team must demonstrate experience in the testing of concrete for bridge components.

4. Evidence of Compliance with Assigned HUB Goal: All providers receive three points for this item.

Deadline: A letter of interest notifying TxDOT of the provider's intent to submit a proposal will be accepted by fax at (512) 832-7080, by mail addressed to TxDOT, Austin District, Attention: Robert B. Daigh P.E., P.O. Drawer 15426, Austin Texas 78761-5426 or by hand delivery to TxDOT, Austin District, Attention: Robert B. Daigh P.E., 7901 N. IH 35 Austin, Texas 78753. Letters of interest will be received until 5:00 p.m. on Friday, June 26, 1998.

Letter of Interest Requirements: The letter of interest is limited in length to four 8 1/2 x 11 inch pages, 12 pitch font size, single sided with no attachments or appendices, and must include the contract numbers 14-8XXP0001 and 14-8XXP5002; an organizational chart (organizational chart may use smaller font size) containing the names, address, telephone and fax numbers of the prime provider and any subprovider(s) proposed for the team and their contract responsibilities by work category; certification that the proposed team individuals are currently employed by either the prime provider or a subprovider; the prime provider's project manager and key personnel proposed for the contract; team capabilities; special project related experience; project related experience performed since precertification; and other pertinent information addressed in the notice including a reference list for related projects.

Agency Contact: Requests for additional information regarding this notice of invitation should be addressed to Robert B. Daigh, P.E. at (512) 832-7086 or fax (512) 832-7080.

TRD-9808603

Bob Jackson

Acting General Counsel

Texas Department of Transportation

Filed: May 27, 1998


Notice of Invitation - Contracts 14-8XXP0003, 14-8XXP0004 and 14-8XXP0005

The Austin District of the Texas Department of Transportation (TxDOT) intends to enter into three contracts with three professional engineers pursuant to Texas Government Code, Chapter 2254, Subchapter A, and 43 TAC §§9.30-9.43, to provide the following services. To be considered, a Prime Provider and any Subproviders proposed on the Team must be precertified by the deadline date for receiving the letter of interest for each of the advertised work category(s) unless the work type is a non-listed work category. To qualify for contract award, a selected prime engineer must perform a minimum of 30% of the actual work. Please be advised, a prime provider or subprovider currently employing former TxDOT employees needs to be aware of the revolving door laws, including Government Code, Chapter 572 and Section 52, Article IX, of the General Appropriations Bill. To be considered, the proposed team must demonstrate that they have a professional engineer registered in Texas who will sign and seal the work to be performed on the contract.

Contract Numbers: 14-8XXP0003, 14-8XXP0004 and 14-8XXP0005 - The precertified work category is: 12.1.1 Asphaltic Concrete (100%). The Austin District will contract for on call asphaltic concrete sampling and testing for road and bridge construction projects within the Austin District. All sampling and testing shall be in accordance with TxDOT's "Manual of Testing Procedures" and project specifications. The consultant selection team has determined that a range of scores for providers that are considered equally qualified to perform the work to be not less than 850 points out of a maximum of 900 points.

Long List Criteria: TxDOT will consider the following criteria in its review of all interested providers.

Historically Underutilized Business (HUB) Goal: There is no goal for HUB participation for the work to be performed under this contract. However, the Austin District's goal is 20% of the total contract amount for all Laboratory Testing Contracts. Qualified HUB's are encouraged to respond to this Notice.

1. Past Performance Scores: Minimum requirements: Providers shall include in the Letter of Interest the name, address and telephone number of one reference regarding asphaltic concrete testing for transportation projects. Preferred requirements: Providers shall include in the Letter of Interest the name, address and telephone number of two references regarding asphaltic concrete testing for transportation projects.

2. Project Requirements (Team Capability /Experience): Asphaltic Concrete (12.1.1) - Minimum requirements: As established by the minimum precertification standards. Preferred requirements: In addition to the minimum requirements, the provider must demonstrate the capability to test at several sites simultaneously.

3. Special (similar) Project Related Experience of project Manager and Team Members: Asphaltic Concrete (12.1.1) - Minimum requirements: As established by the minimum precertification standards. Preferred requirements: In addition to the minimum requirements, the provider must demonstrate experience in asphaltic testing for roadway projects.

4. Evidence of Compliance with Assigned HUB Goal: All providers receive three points for this item.

Deadline: A letter of interest notifying TxDOT of the provider's intent to submit a proposal will be accepted by fax at (512) 832-7080, by mail addressed to TxDOT Austin District, Attention: Robert B. Daigh P.E., P.O. Drawer 15426, Austin, Texas 78761-5426 or by hand delivery to TxDOT, Austin District, Attention: Robert B. Daigh P.E., 7901 N. IH 35 Austin, Texas 78753. Letters of interest will be received until 5:00 p.m. on Friday, June 26, 1998.

Letter of Interest Requirements: The letter of interest is limited in length to four 8 1/2 x 11 inch pages, 12 pitch font size, single sided with no attachments or appendices, must include the contract numbers 14-8XXP0003, 14-8XXP0004 and 14-8XXP0005; an organizational chart (organizational chart may use smaller font size) containing the names, address, telephone and fax numbers of the prime provider and any subprovider(s) proposed for the team and their contract responsibilities by work category; certification that the proposed team individuals are currently employed by either the prime provider or a subprovider; the prime provider's project manager and key personnel proposed for the contract; team capabilities; special project related experience; project related experience performed since precertification; and other pertinent information addressed in the notice including a reference list for related projects.

Agency Contact: Requests for additional information regarding this notice of invitation should be addressed to Robert B. Daigh, P.E. at (512) 832-7086 or fax (512) 832-7080.

TRD-9808604

Bob Jackson

Acting General Counsel

Texas Department of Transportation

Filed: May 27, 1998


Notice of Invitation - Contract Number 4-8XXP0006

The Austin District of the Texas Department of Transportation (TxDOT) intends to enter into a contract with a professional engineer, pursuant to Texas Government Code, Chapter 2254, Subchapter A, and 43 TAC §§9.30-9.43, to provide the following services. To be considered, a Prime Provider and any Subproviders proposed on the Team must be precertified by the deadline date for receiving the letter of interest for each of the advertised work category(s) unless the work type is a non-listed work category. To qualify for contract award, a selected prime engineer must perform a minimum of 30% of the actual work. Please be advised, a prime provider or subprovider currently employing former TxDOT employees, needs to be aware of the revolving door laws, including Government Code, Chapter 572 and Section 52, Article IX, of the General Appropriations Bill. To be considered, the proposed team must demonstrate that they have a professional engineer registered in Texas who will sign and seal the work to be performed on the contract.

Contract Number: 14-8XXP0006- The precertified work categories and percentage of the work per category are : 14.1.1 - Soil Exploration (50%) and 14.2.1 - Geotechnical Testing (50%). The contractor will provide engineering assistance to the Austin District regarding soil exploration and geotechnical testing for bridge, retaining wall and roadway design within the Austin District.

Long List Criteria: TxDOT will consider the following criteria in its review of all interested providers.

Historically Underutilized Business (HUB) Goal: There is no goal for HUB participation for the work to be performed under this contract. However, the Austin District's goal is 20% of the total contract amount for all Laboratory Testing Contracts. Qualified HUB's are encouraged to respond to this Notice.

1. Past Performance Scores: Minimum requirements: Providers shall include in the Letter of Interest the name, address and telephone number of one reference regarding concrete testing for transportation projects. Preferred requirements: Providers shall include in the Letter of Interest the name, address and telephone number of two references regarding soil exploration and testing for transportation projects.

2. Project Requirements (Team Capability/Experience):

Soil Exploration (14.1.1) - Minimum requirements: As established by the minimum precertification standards. Preferred requirements: In addition to the minimum requirements, the provider must demonstrate the capability to drill at several sites simultaneously.

Geotechnical Testing (14.2.1) - Minimum requirements: As established by the minimum precertification standards. Preferred requirements: In addition to the minimum requirements, the provider must demonstrate the capability to test samples from several sites simultaneously.

3. Special (similar) Project Related Experience of Project Manager and Team Members:

Soil Exploration (14.1.1) - Minimum requirements: As established by the minimum precertification standards. Preferred requirements: In addition to the minimum requirements, the Team must demonstrate experience in this category of work for transportation projects.

Geotechnical Testing (14.2.1) - Minimum requirements: As established by the minimum precertification standards. Preferred requirements: In addition to the minimum requirements, the Team must demonstrate experience in this category of work for transportation projects.

4. Evidence of Compliance with Assigned HUB Goal: All providers receive three points for this item.

Deadline: A letter of interest notifying TxDOT of the provider's intent to submit a proposal will be accepted by fax at (512) 832-7080, by mail addressed to TxDOT, Austin District, Attention: Robert B. Daigh P.E., P.O. Drawer 15426, Austin, Texas 78761-5426 or by hand delivery to TxDOT, Austin District, Attention: Robert B. Daigh P.E., 7901 N. IH 35 Austin, Texas 78753. Letters of interest will be received until 5:00 p.m. on Friday, June 26, 1998.

Letter of Interest Requirements: The letter of interest is limited in length to four 8 1/2 x 11 inch pages, 12 pitch font size, single sided with no attachments or appendices, and must include the contract number 14-8XXP0006; an organizational chart (organizational chart may use smaller font size) containing the names, address, telephone and fax numbers of the prime provider and any subprovider(s) proposed for the team and their contract responsibilities by work category; certification that the proposed team individuals are currently employed by either the prime provider or a subprovider; the prime provider's project manager and key personnel proposed for the contract; team capabilities; special project related experience; project related experience performed since precertification; and other pertinent information addressed in the notice, including a reference list for related projects.

Agency Contact: Requests for additional information regarding this notice of invitation should be addressed to Robert B. Daigh, P.E. at (512) 832-7086 or fax (512) 832-7080.

TRD-9808601

Bob Jackson

Acting General Counsel

Texas Department of Transportation

Filed: May 27, 1998


Notice of Invitation - Contract Number 14-8XXP0007

The Austin District of the Texas Department of Transportation (TxDOT) intends to enter into a contract with a professional engineer pursuant to Texas Government Code, Chapter 2254, Subchapter A, and 43 TAC §§9.30-9.43, to provide the following services. To be considered, a Prime Provider and any Subproviders proposed on the team must be precertified by the deadline date for receiving the letter of interest for each of the advertised work category(s) unless the work type is a non-listed work category. To qualify for contract award, a selected prime engineer must perform a minimum of 30% of the actual work. Please be advised, a prime provider or subprovider currently employing former TxDOT employees needs to be aware of the revolving door laws, including Government Code, Chapter 572 and Section 52, Article IX, of the General Appropriations Bill. To be considered, the proposed team must demonstrate that they have a professional engineer registered in Texas who will sign and seal the work to be performed on the contract.

Contract Number: 14-8XXP0007 - The precertified work categories and percentage of the work per category are: 14.2.1 - Geotechnical Testing (100%). The Austin District will contract with a provider to sample and test flexible base for road construction projects within the Austin District. All sampling and testing shall be in accordance with TxDOT's "Manual of Testing Procedures" and project specifications.

Long List Criteria: TxDOT will consider the following criteria in its review of all interested providers.

Historically Underutilized Business (HUB) Goal: There is no goal for HUB participation for the work to be performed under this contract. However, the Austin District's goal is 20% of the total contract amount for all Laboratory Testing Contracts. Qualified HUB's are encouraged to respond to this Notice.

1. Past Performance Scores: Minimum requirements: Providers shall include in the Letter of Interest the name, address and telephone number of one reference regarding flexible base testing for transportation projects. Preferred requirements: Providers shall include in the Letter of Interest the name, address and telephone number of two references regarding flexible base testing for transportation projects.

2. Project Requirements (Team Capability /Experience): Geotechnical Testing (14.2.1) - Minimum requirements: As established by the minimum precertification standards. Preferred requirements: In addition to the minimum requirements, the provider must demonstrate extensive experience in the density testing of flexible base material.

3. Special (similar) Project Related Experience of Project Manager and Team Members: Geotechnical Testing (14.2.1) - Minimum requirements: As established by the minimum precertification standards. Preferred requirements: In addition to the minimum requirements, the provider must demonstrate experience in the density testing of flexible base material for transportation projects.

4. Evidence of Compliance with Assigned HUB Goal: All providers receive three points for this item.

Deadline: A letter of interest notifying TxDOT of the provider's intent to submit a proposal will be accepted by fax at (512) 832-7080, by mail addressed to TxDOT Austin District, Attention Robert B. Daigh P.E., P.O. Drawer 15426, Austin Texas 78761-5426 or by hand delivery to TxDOT, Austin District, Attention Robert B. Daigh P.E., 7901 N. IH 35, Austin Texas 78753. Letters of interest will be received until 5:00 p.m. on Friday, June 26, 1998.

Letter of Interest Requirements: The letter of interest is limited in length to four 8 1/2 x 11 inch pages, 12 pitch font size, single sided with no attachments or appendices, must include the contract number 14-8XXP0007; an organizational chart (organizational chart may use smaller font size) containing the names, address, telephone and fax numbers of the prime provider and any subprovider(s) proposed for the team and their contract responsibilities by work category certification that the proposed team individuals are currently employed by either the prime provider or a subprovider; the prime provider's project manager and key personnel proposed for the contract; team capabilities; special project related experience; project related experience performed since precertification; and other pertinent information addressed in the notice, including a reference list for related projects.

Agency Contact: Requests for additional information regarding this notice of invitation should be addressed to Robert B. Daigh, P.E. at (512) 832-7086 or fax (512) 832-7080.

TRD-9808602

Bob Jackson

Acting General Counsel

Texas Department of Transportation

Filed: May 27, 1998


Notice of Invitation - Contract Number 14-845P5001

The Austin District of the Texas Department of Transportation (TxDOT) intends to enter into a contract with a professional engineer, pursuant to Texas Government Code, Chapter 2254, Subchapter A, and 43 TAC §§9.30-9.43, to provide the following services. To be considered, a Prime Provider and any Subproviders proposed on the Team must be precertified by the deadline date for receiving the letter of interest for each of the advertised work category(s) unless the work type is a non-listed work category. To qualify for contract award, a selected prime engineer must perform a minimum of 30% of the actual work. Please be advised, a prime provider or subprovider currently employing former TxDOT employees, needs to be aware of the revolving door laws including Government Code, Chapter 572 and Section 52, Article IX, of the General Appropriations Bill. To be considered, the proposed team must demonstrate that they have a professional engineer, architect, landscape architect, or surveyor registered in Texas who will sign and seal the work to be performed on the contract.

Contract Number 14-845P5001 - The precertified work categories and percentage of the work per category are: 1.3.1 - Subarea/Corridor Planning (1%); 1.4.1 - Land Planning/ Engineering (1%); 1.6.1 - Major Investment Studies (53%); 2.1.1 - Traffic Noise Analysis (1%); 2.2.1 - Air Quality Analysis (1%); 2.3.1 - Wetland Delineation (1%); 2.4.1 - Nationwide Permit (1%); 2.4.2 - §404 (Title 33, United States Code §1344) Individual Permits (1%); 2.5.1 - Water Pollution Abatement Plan (1%); 2.6.1 - Protected Special Determination (1%); 2.6.2 - Biological Assessments (1%); 2.6.3 - Biological Surveys (1%); 2.7.1 - §4(f)(Title 23, Code of Federal Regulations §771.135) and/or §6(f) (Title 49, United States Code §303) Evaluations (1%); 2.8.1 - Surveys, Research and Documentation of Historic Buildings, Structures, and Objects (1%); 2.10.1 -Archaeological Surveys, Documentation, Excavations, Testing Reports and Data Recovery Plans (1%); 2.12.1 - Socio-Economic and Environmental Justice Analyses (1%); 2.13.1 - Hazardous Materials Assessment (1%); 2.14.1 - Environmental Document Preparation (5%); 3.3.1 - Route Studies and Schematic Design (Complex Highways) (5%); 3.6.1 - Multi-Level Interchange and Exotic Bridge Layout (5%); 7.1.1 - Traffic Engineering Studies (1%); 7.2.1 - Highway-Rail Grade Crossing Studies (1%); 7.3.1 -Traffic Signal Timing (1%); 7.5.1 - Intelligent Transportation System (1%); 8.1.1 -Signing, Pavement Marking and Channelization (1%); 8.2.1 - Illumination (1%); 9.1.1 -Bicycle and Pedestrian Facility Devel(1%); 10.1.1 - Hydrologic Studies (1%); 10.3.1 - Complex Hydraulic Design (1%); 10.4.1 - Pump Stations (1%); 14.1.1 -Soil Exploration (1%); 14.2.1 - Geotechnical Testing (1%); 14.3.1 - Transportation Foundation Studies (1%); 15.3.1- Aerial Mapping (1%); 15.4.1 - Horizontal and Vertical Control for Aerial Mapping (1%); and 17.1.1 - Functional and Aesthetically Pleasing Outdoor Spaces (1%).

The work to be performed shall consist of engineering assistance to the Austin District regarding the development of the IH 35 MIS from RM 2243 in Georgetown to FM 2001 in Buda. Increased congestion has caused TxDOT to evaluate alternatives for increasing the capacity of IH 35 through Austin. Six strategies involving combinations of rail, HOV lanes and increased numbers of travel lanes have been developed. The Austin District is seeking a provider to assist in the continued evaluation of these alternatives and completion of the ongoing MIS process.

Historically Underutilized Business (HUB) Goal: The assigned goal for HUB participation for the work to be performed under this contract is 20% of the contract amount.

Long List Criteria: TxDOT will consider the following criteria in its review of all interested providers.

1. Past Performance Scores: Minimum requirements: Providers shall include in the Letter of Interest the name, address and telephone number of one reference regarding major transportation projects of similar scope to the IH 35 project included in this notice. Preferred requirements: Providers shall include in the Letter of Interest the name, address and telephone number of two references regarding major transportation projects of similar scope to the IH 35 project included in this notice.

2. Project Requirements (Team Capability/Experience):

Subarea/Corridor Planning (1.3.1) - Minimum requirements: As established by the minimum precertification standards. Preferred requirements: In addition to the minimum requirements, the Team must demonstrate extensive experience in Corridor Planning for highway facilities.

Land Planning/Engineering (1.4.1) - Minimum requirements: As established by the minimum precertification standards. Preferred requirements: In addition to the minimum requirements, the Team must demonstrate experience in land use planning adjacent to transportation facilities.

Major Investment Studies (1.6.1) - Minimum requirements: As established by the minimum precertification standards. Preferred requirements: In addition to the minimum requirements, the Team must demonstrate successful completion MIS studies for major highway facilities.

Traffic Noise Analysis (2.1.1) - Minimum requirements: As established by the minimum precertification standards. Preferred requirements: In addition to the minimum requirements, the Team must demonstrate experience in highway noise sampling and evaluations for sound walls.

Air Quality Analysis (2.2.1) - Minimum requirements: As established by the minimum precertification standards. Preferred requirements: In addition to the minimum requirements, the Team must demonstrate experience in this category of work in central Texas.

Wetland Delineation (2.3.1) - Minimum requirements: As established by the minimum precertification standards. Preferred requirements: In addition to the minimum requirements, the Team must demonstrate experience in wetland determination for transportation projects.

Nationwide Permit (2.4.1) - Minimum requirements: As established by the minimum precertification standards. Preferred requirements: In addition to the minimum requirements, the Team must demonstrate successful completion of several permits for transportation projects.

Section 404 (Title 33, United States Code §1344) Individual Permits (2.4.2) - Minimum requirements: As established by the minimum precertification standards. Preferred requirements: In addition to the minimum requirements, the Team must demonstrate that several permits have been applied for and received.

Water Pollution Abatement Plan (2.5.1) - Minimum requirements: As established by the minimum precertification standards. Preferred requirements: In addition to the minimum requirements, the Team must demonstrate experience in this category of work for freeway projects.

Protected Species Determination (2.6.1), Biological Assessments (2.6.2) and Biological Surveys (2.6.3) - Minimum requirements: As established by the minimum precertification standards. Preferred requirements: In addition to the minimum requirements, the Team must demonstrate experience in these categories of work for species in the Austin Area.

Section 4(f) (Title 23, Code of Federal Regulations §771.135) and/or §6(f) (Title 49, United States Code §303) Evaluations (2.7.1) - Minimum requirements: As established by the minimum precertification standards. Preferred requirements: In addition to the minimum requirements, the Team must demonstrate experience in this category of work for transportation projects.

Surveys, Research and Documentation of Historic Building, Structures and Objects (2.8.1) and Archaeological Surveys, Documentation, Excavations, Testing Reports and Data Recovery Plans (2.10.1) - Minimum requirements: As established by the minimum precertification standards. Preferred requirements: In addition to the minimum requirements, the Team must demonstrate experience in these tasks related to structures typical to the central Texas area.

Socio-Economic and Environmental Justice Analyses (2.12.1) and Hazardous Materials Assessment (2.13.1) - Minimum requirements: As established by the minimum precertification standards. Preferred requirements: In addition to the minimum requirements, the Team must demonstrate experience in this category of work for transportation projects.

Environmental Document Preparation (2.14.1) - Minimum requirements: As established by the minimum precertification standards. Preferred requirements: In addition to the minimum requirements, the Team must demonstrate experience in this category of work for major freeway projects.

Route Studies and Schematic Design (Complex Highways) (3.3.1), Multi-Level Interchange and Exotic Bridge Layout (3.6.1), Intelligent Transportation System (7.5.1) and Traffic Signal Timing (7.3.1) - Minimum requirements: As established by the minimum precertification standards. Preferred requirements: In addition to the minimum requirements, the Team must demonstrate experience in these categories of work for major freeway projects in metropolitan areas.

Traffic Engineering Studies (7.1.1) - Minimum requirements: As established by the minimum precertification standards. Preferred requirements: In addition to the minimum requirements, the Team must demonstrate experience in traffic forecasting and dynamic simulation modeling.

Highway-Rail Grade Crossing Studies (7.2.1) - Minimum requirements: As established by the minimum precertification standards. Preferred requirements: In addition to the minimum requirements, the Team must demonstrate experience in this category of work for transit systems.

Bicycle and Pedestrian Facility Development (9.1.1), Complex Hydraulic Design (10.3.1), Aerial Mapping (15.3.1), Horizontal and Vertical Control for Aerial Mapping (15.4.1), Signing, Pavement Marking and Channelization (8.1.1), Illumination (8.2.1) Hydrologic Studies (10.1.1), Pump Stations (10.4.1), Soil Exploration (14.1.1), Geotechnical Testing (14.2.1) and Transportation Foundation Studies (14.3.1) - Minimum requirements: As established by the minimum precertification standards. Preferred requirements: In addition to the minimum requirements, the Team must demonstrate experience in this category of work in urban or metropolitan areas.

Functional and Aesthetically Pleasing Outdoor Spaces (17.1.1) - Minimum requirements: As established by the minimum precertification standards. Preferred requirements: In addition to the minimum requirements, the Team must demonstrate experience in this category of work in urban or metropolitan areas in the southwestern United States.

3. Special (Similar) Project Related Experience of project manager and team members:

Subarea/Corridor Planning (1.3.1), Land Planning/Engineering (1.4.1), Traffic Noise Analysis (2.1.1), Wetland Delineation (2.3.1), Nationwide Permit (2.4.1), §404 (Title 33, United States Code §1344) Individual Permits (2.4.2), Water Pollution Abatement Plan (2.5.1), Protected Species Determination (2.6.1), Biological Assessments (2.6.2), Biological Surveys (2.6.3), §4(f) (Title 23, Code of Federal Regulations §771.135) and/or §6(f) (Title 49, United States Code §303) Evaluations (2.7.1), Surveys, Research and Documentation of Historic Building, Structures and Objects (2.8.1), Archaeological Surveys, Documentation, Excavations, Testing Reports and Data Recovery Plans (2.10.1), Socio-Economic and Environmental Justice Analyses (2.12.1), Hazardous Materials Assessment (2.13.1), Traffic Engineering Studies (7.1.1), Highway-Rail Grade Crossing Studies (7.2.1), Traffic Signal Timing (7.3.1), Intelligent Transportation System (7.5.1), Bicycle and Pedestrian Facility Development (9.1.1), Complex Hydraulic Design (10.3.1), Aerial Mapping (15.3.1), Horizontal and Vertical Control for Aerial Mapping (15.4.1), Air Quality Analysis (2.2.1), Signing, Pavement Marking and Channelization (8.1.1), Illumination (8.2.1), Hydrologic Studies (10.1.1), Pump Stations (10.4.1), Soil Exploration (14.1.1), Geotechnical Testing (14.2.1), Transportation Foundation Studies (14.3.1) and Functional and Aesthetically Pleasing Outdoor Spaces (17.1.1): Special (similar) project related experience in this category is not required for this contract.

Major Investment Studies (1.6.1) - Minimum requirements: As established by the minimum precertification standards. Preferred requirements: In addition to the minimum requirements, the Team must demonstrate participation as an MIS project team.

Environmental Document Preparation (2.14.1), Route Studies and Schematic Design (Complex Highways) (3.3.1) and Multi-Level Interchange and Exotic Bridge Layout (3.6.1) - Minimum requirements: As established by the minimum precertification standards. Preferred requirements: In addition to the minimum requirements, the Team must demonstrate experience in this category of work for major highway projects in urban or metropolitan areas.

4. Evidence of Compliance with Assigned HUB Goal: A provider gets three points for meeting the assigned goal or zero points for not meeting the assigned goal.

Deadline: A letter of interest notifying TxDOT of the provider's intent to submit a proposal will be accepted by fax at (512) 832-7080, by mail addressed to TxDOT Austin District, Attention Robert B. Daigh P.E., P.O. Drawer 15426, Austin Texas 78761-5426 or by hand delivery to TxDOT, Austin District, Attention Robert B. Daigh P.E., 7901 N. IH 35, Austin Texas 78753. Letters of interest will be received until 5:00 p.m. on Friday, June 26, 1998.

Letter of Interest Requirements: The letter of interest is limited in length to six 8 1/2 x 11 inch pages, 12 pitch font size, single sided with no attachments or appendices, and must include the contract number 14-845P5001; an organizational chart (organizational chart may use smaller font size) containing the names, address, telephone and fax numbers of the prime provider and any subprovider(s) proposed for the team and their contract responsibilities by work category; certification that the proposed team individuals are currently employed by either the prime provider or a subprovider; the prime provider's project manager and key personnel proposed for the contract; team capabilities; special project related experience; evidence of compliance with the assigned HUB goal through the prime provider or subprovider identified on the team or a written commitment to make a good faith effort to meet the assigned goal; project related experience performed since precertification; and other pertinent information addressed in the notice, including a reference list for related projects.

Agency Contact: Requests for additional information regarding this notice of invitation should be addressed to Robert B. Daigh, P.E. at (512) 832-7086 or fax (512) 832-7080.

TRD-9808605

Bob Jackson

Acting General Counsel

Texas Department of Transportation

Filed: May 27, 1998


Public Notice

The Texas Department of Transportation (department) is considering proposing amendments to 43 Texas Administrative Code, Chapter 28, concerning Oversize and Overweight Vehicles and Loads. The department intends to consider amendments to: streamline and reorganize existing rules for clarity; create standard permit weights for trunion axles; collect the vehicle supervision fee at the time an applicant applies for a superheavy permit; expand time permits for statewide use; and allow rig up trucks to haul trailers. The department is requesting comments on these subjects as well as any other suggestions for streamlining the permit issuance process. The potential amendments are scheduled for proposed adoption by early Fall 1998.

Deadline: Written comments should be submitted to the Texas Department of Transportation, MCD-BC, 125 East 11th Street, Austin, Texas 78701-2483. All comments received will be available to the public for examination at 4203 Bull Creek Road, Building 22, Austin, Texas from 8:00 a.m. to 5:00 p.m. (CST), Monday through Friday, except State and Federal holidays. Comments must be received on or before June 22, 1998.

Contact Person: For further information, contact Lawrance Smith, Director, Motor Carrier Division at the previously stated address, (512) 465-3500; or Monty Chamberlain, Division Administrative Manager, (512) 465-3573.

TRD-9808600

Bob Jackson

Acting General Counsel

Texas Department of Transportation

Filed: May 27, 1998


Texas Water Development Board

Request for Proposals for Bond Counsel

The Texas Water Development Board (Board) and Texas Water Resources Finance Authority (Authority) are requesting proposals for bond counsel services. The deadline for proposal submission is 5:00 p.m., June 17, 1998.

The Board's/Authority's Boards of Directors will make their selection based upon demonstrated competence, experience, knowledge and qualifications, as well as the reasonableness of the proposed fee for the services to be rendered. Firms responding to the Request For Proposal must maintain a Texas office staffed with personnel who are responsible for providing bond counsel services to the Board/Authority. All things being equal, the Board/Authority will give first consideration to firms whose principal place of business is located in Texas. By the Request for Proposal the Board/Authority have not committed themselves to employ bond counsel nor does the suggested scope of service or term of agreement therein require that the bond counsel be employed for any or all of those purposes. The Board/Authority reserves the right to make those decisions after receipt of proposals and the Board's/Authority's decision on these matters is final. The Board/Authority reserves the right to negotiate individual elements of the Firm's proposal and to reject any and all proposals.

Copies of the Request For Proposal may be obtained by calling or writing Anna Espinosa at 936-2246, fax 463-5580.

TRD-9808413

Suzanne Schwartz

General Counsel

Texas Water Development Board

Filed: May 22, 1998


Request for Proposals for Water Research, Research and Planning Fund

Pursuant to 31 TAC §355.3, the Texas Water Development Board (board) requests the submission of water research proposals leading to the possible award of contracts for Fiscal Year 1998. Guidelines for water research proposals, which include an application form and more detailed research topic information, will be supplied by the board.

Description of Research Objectives. All water research applications must address a portion of the water research topic priority list. Proposals are requested for the following nine priority research topics: 1) Compensation of Interbasin Water Transfers - research to identify how the basin of origin could be compensated, and what form the compensation could take; 2) Water Marketing - research examining the incremental steps for the creation of a free market in water, with the development and evaluation of various legislative options; 3) Assessment of Weather Modification as a Water Management Strategy - research to include the evaluation of the quantity, reliability, and cost of weather modification as a water supply for both agricultural and municipal purposes, utilizing statistical and hydrological methodologies; 4) Assessment of Current Membrane Desalinization Technology and Cost of Treatment of Brackish and Saline Waters in Texas- evaluate state of the art membrane technologies and membrane research, and determine the cost to produce water of a specific qualities or quality ranges for municipal and industrial use; 5) Rainwater Harvesting as a Water Management Strategy - evaluate the quantity, reliability, and cost of providing water supply through rainwater harvesting and identify the regulatory and financial impediments; 6) Assessment of Brush Control as a Water Management Strategy - research to include the evaluation of the quantity, reliability, and cost of brush control as a water supply for both agricultural and municipal purposes, utilizing statistical and hydrological methodologies; 7) Market Strategies for Improved Service by Water Utilities- identify and evaluate methods, including privatization, competition, and other market strategies, to obtain cost savings and improve service for ratepayers of water utilities, the advantages and disadvantages of each method, and any statutory changes that would be needed under each method; 8) Regional Rural Water and Wastewater Authorities in Economically Distressed Areas - evaluate the need and possibility to establish regional rural authorities and the start-up requirements for the authorities; 9) Compilation, Evaluation, and Synthesis of Hydrogeologic Characterization Data for the Carrizo-Wilcox Aquifer in Texas - research project should locate and compile all aquifer test data, evaluate previous aquifer-test interpretation methods and reanalyze existing data, conduct geostatistical analyses to characterize spatial variability of hydraulic properties, prepare a series of Geographic Information System coverages and tabular data describing the spatial distribution and variability of hydraulic conductivity, transmissivity, and storage coefficient throughout the aquifer.

Description of Funding Consideration. Up to $500,000 has been initially authorized for water research assistance from the board's Research and Planning Fund for this research. Following the receipt and evaluation of all applications, the board may adjust the amount of funding initially authorized for water research. Up to 100% funding may be provided to individual applicants; however, applicants are encouraged to contribute matching funds or services, and funding will not include reimbursement for indirect expenses incurred by political subdivisions of the state or other state agencies. In the event that acceptable proposals are not submitted, the board retains the right to not award funds for the contracts.

Deadline, Review Criteria, and Contact Person for Additional Information. Ten double-sided copies of a complete water research application form, including the required attachments, must be filed with the board prior to 5:00 PM, July 3, 1998. Proposals must be directed either in person to Ms. Phyllis Lightner-Gaynor, Texas Water Development Board, Stephen F. Austin Building, 1700 North Congress Avenue, Austin, Texas; or by mail to Ms. Phyllis Lightner-Gaynor, Texas Water Development Board, P.O. Box 13231-Capitol Station, Austin, Texas 78711-3231. Applications will be evaluated according to 31 TAC §355.5 and the proposal rating form included in the board's Guidelines for Water Research Grants. Research shall not duplicate work planned or underway by state agencies. All potential applicants must contact the board to obtain these guidelines. Requests for information, the board's rules covering the Research and Planning Fund, detailed evaluation criteria, more detailed research topic information, and the guidelines may be directed to Ms. Phyllis Lightner-Gaynor at the preceding address or by calling (512) 463-3154.

TRD-9808618

Suzanne Schwartz

General Counsel

Texas Water Development Board

Filed: May 27, 1998


Texas Workforce Commission

Notice of Public Hearing

To All Persons Interested in the Proposed Proprietary School Rules Under Consideration by the Texas Workforce Commission:

The Texas Workforce Commission (Commission) will conduct a PUBLIC HEARING on the proposed Proprietary School Rules to receive comments on the proposed rules as published in the Texas Register on May 22, 1998 (23 TexReg 5391). The hearing begins at 1 P.M. on June 18, 1998 at 101 East 15th Street, 6th Floor, Room 644, Austin, Texas 78778.

Persons wishing to present comments at the public hearing may do so by advising the Commission of their intent prior to the hearing date with correspondence addressed to Mr. Michael De Long, Proprietary School Coordinator, Texas Workforce Commission, 101 East 15th Street, Austin, Texas 78778-0001; telephone number (512) 936-3104; facsimile number (512) 936-3111; e-mail address Michael.Delong@twc.state.tx.us, or by completing a registration form which will be available at the entrance to Room 644 on the day of the public hearing.

Speakers are encouraged to provide written copies of their comments. While any person with relevant comments will be provided an opportunity to present them during the hearing, the Commission reserves the right to restrict statements in terms of time or repetitive content.

Persons needing special accommodations or having any questions should contact Mr. Michael De Long at the address and telephone number listed above.

TRD-9808591

J. Randel (Jerry) Hill

General Counsel

Texas Workforce Commission

Filed: May 27, 1998