Notice of Request for Proposals: Pursuant to Chapter 2305, Texas Government Code, the Comptroller of Public Accounts (Comptroller) State Energy Conservation Office (SECO) announces the issuance of its Request for Proposals (RFP) from qualified individuals, public-private partnerships, non-profit agencies, independent firms, and institutions of higher education to implement energy education programs in Texas schools. The successful respondent(s) will be expected to begin performance of any contract(s) resulting from this RFP on or about September 1, 2000.

Contact: Parties interested in submitting a proposal should contact Rose-Michel Munguía, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., ROOM G-24, Austin, Texas, 78774, telephone number: (512) 305-8673, to obtain a copy of the RFP. The RFP will be available for pick-up at the above-referenced address on Friday, July 21, 2000, between 2:00 p.m. and 5:00 p.m., Central Zone Time (CZT), and during normal business hours thereafter. Comptroller also plans to place the RFP on the Texas Marketplace after Friday, July 21, 2000, 2:00 p.m. (CZT). All inquiries concerning the RFP must be in writing and must be received at the above-referenced address no later than 2:00 p.m. (CZT) on August 7, 2000. On about Thursday, August 10, 2000, responses to questions received by the deadline will be posted electronically on the Texas Marketplace at: http://www.texasmarketplace.state.tx.us. Voluntary Letters of Intent to propose must also be received no later than 2:00 p.m. (CZT) on August 7, 2000; must be addressed to Rose-Michel Munguía, Assistant General Counsel, Contracts; and must be signed by an authorized representative of each entity. To ensure timely receipt of the Letters of Intent and questions, prospective respondents are encouraged to fax them to (512) 475-0973. For this RFP, Letters of Intent are not a pre-requisite to submitting a proposal.

Pre-Proposal Conference: A pre-proposal conference is scheduled for August 1, 2000, at 10:00 a.m., at the Comptroller's SECO Office, 111 East 17th Street, 11th Floor, Room 1114, Austin, Texas 78774. The purpose of the pre-proposal conference is to provide general information. The pre-proposal conference is not mandatory; however, attendance is highly recommended.

Closing Date: Proposals must be received in the Assistant General Counsel for Contracts Office at the location specified above (ROOM G-24) no later than 2:00 p.m. (CZT), on August 18, 2000. Proposals received after this time and proposals submitted by facsimile will not be considered.

Evaluation and Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria and procedures set forth in the RFP. Comptroller will make the final decision. Comptroller reserves the right to accept or reject any or all proposals submitted. Comptroller is under no legal obligation to execute any contracts on the basis of this notice or the distribution of any RFP. Comptroller shall pay for no costs incurred by any entity in responding to this Notice or the RFP.

The anticipated schedule of events is as follows: Issuance of RFP - Friday, July 21, 2000, 2:00 p.m. CZT; Non-Mandatory Pre-Proposal Conference - Tuesday, August 1, 2000 (10:00 a.m.); Voluntary Letters of Intent and Questions Due - Monday, August 7, 2000, 2:00 p.m. CZT; Responses Posted - Thursday, August 10, 2000; Proposals Due - Friday, August 18, 2000, 2:00 p.m. CZT; Contract Execution - Tuesday, August 29, 2000, or as soon thereafter as practical; Commencement of Project Activities - Friday, September 1, 2000 or as soon thereafter as practical.

TRD-200004800

Pamela Ponder

Deputy General Counsel, Contracts Section

Comptroller of Public Accounts

Filed: July 12, 2000

Notice of Request for Proposals

Notice of Request for Proposals: Pursuant to Chapter 54, Subchapter F, Texas Education Code, the Comptroller of Public Accounts (Comptroller), as chairman and executive director of the Texas Prepaid Higher Education Tuition Board (Board), and on behalf of the Board, announces its Amended Request for Proposals (RFP) from qualified, independent firms to provide telemarketing services for the Texas Prepaid Higher Education Tuition Program (Program). The original notice of Request for Proposals appeared in the June 30, 2000, issue of the Texas Register ; a revised notice appeared in the July 14, 2000, issue of the Texas Register . The issue date for this RFP has been changed from July 11, 2000 to July 12, 2000; the other dates remain unchanged from the July 14, 2000, notice. These prior notices stated that Letters of Intent were mandatory. This requirement has been changed. Letters of Intent are requested, but are not a prerequisite to submitting a proposal. The successful respondent, if any, will provide assistance to persons who call into a toll-free telephone line inquiring about the Program. The successful respondent, if any, will be expected to begin performance of the contract on or about September 1, 2000.

Contact: Parties interested in submitting a proposal should contact David R. Brown, Assistant General Counsel for Contracts, Comptroller of Public Accounts, 111 E. 17th St., ROOM G-24, Austin, Texas, 78744, telephone number: (512) 305-8673, to obtain a copy of the RFP. The Comptroller will mail copies of the RFP only to those specifically requesting a copy. The RFP will be available for pick-up at the above-referenced address on July 12, 2000, and during normal business hours thereafter. The Comptroller will also make the RFP available electronically on the Texas Marketplace on July 12, 2000.

Questions and Non-Mandatory Letters of Intent: All questions concerning the RFP must be in writing. All written questions, and Non-Mandatory Letters of Intent to propose must be received at the above-referenced address not later than 2:00 p.m. Central Zone Time (CZT) on July 26, 2000. Prospective proposers are encouraged to fax Letters of Intent and questions to (512) 475-0973 to ensure timely receipt. The Letter of Intent, if submitted, must be addressed to David R. Brown, Assistant General Counsel, Contracts, and must contain the information as stated in the corresponding Section of the RFP and be signed by an official of that entity. On or before August 1, 2000, the Comptroller expects to post answers to these written questions as a revision to the Texas Marketplace notice on the issuance of this RFP. The address of the Texas Marketplace is (www.marketplace.state.tx.us).

Closing Date: Proposals must be received in the Assistant General Counsel's Office at the location specified above (ROOM G-24) no later than 2:00 p.m. (CZT), on August 10, 2000, 2:00 p.m. (CZT). Proposals received in ROOM G24 after this time and date will not be considered.

Evaluation and Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria and procedures set forth in the RFP. The Board will make the final decision.

The Comptroller and the Board each reserve the right to accept or reject any or all proposals submitted. The Comptroller and the Board are not obligated to execute a contract on the basis of this notice or the distribution of any RFP. The Comptroller and the Board shall not pay for any costs incurred by any entity in responding to this Notice or the RFP.

The anticipated schedule of events pertaining to this solicitation is as follows: Issuance of RFP - July 12, 2000; Non-Mandatory Letters of Intent and Questions Due - July 26, 2000, 2:00 p.m. CZT; Proposals Due - August 10, 2000, 2:00 p.m. CZT; Contract Execution -August 25, 2000, or as soon thereafter as practical; Commencement of Project Activities -September 1, 2000.

TRD-200004811

Pamela Ponder

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: July 12, 2000

Office of Consumer Credit Commissioner

Correction of Citation for Notice of Rate Bracket Adjustments

The Notice of Rate Bracket Adjustment issued March 6, 2000, by the Office of Consumer Credit Commissioner and published in the March 17, 2000, issue of the Texas Register (25 TexReg 2464) contained two incorrect citations, however the brackets and ceilings were correct. The correct citations should read as follows: The amounts of brackets in Tex. Fin. Code §342.201 are changed to $1,440.00 and $12,000.00, respectively. The ceiling amount in Tex. Fin. Code §342.251 is changed to $480.00.

TRD-200004698

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: July 6, 2000

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 07/17/00 - 07/23/00 is 18% for Consumer ¹ /Agricultural/Commercial ² /credit thru $250,000.

The weekly ceiling as prescribed by §303.003 and §303.09 for the period of 07/17/00 - 07/23/00 is 18% for Commercial over $250,000.

¹ Credit for personal, family or household use.

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

TRD-200004774

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: July 11, 2000

Texas Education Agency

Request for Proposals Concerning Keying Commissioner of Education's Hearing Decisions

Eligible Proposers. The Texas Education Agency (TEA) is requesting proposals under Request for Proposals (RFP) #701-00-045 from nonprofit organizations, institutions of higher education, private companies, individuals, and regional education service centers. Historically underutilized businesses (HUBs) are encouraged to submit proposals.

Description. This project involves keying approximately 13,500 pages of the Commissioner of Education's hearing decisions into Microsoft Word Format (Windows 97). The end product will be two copies of the keyed hearing decisions to be provided on CD-ROM. The contractor will have two weeks after the contract is signed to make copies of the hearing decisions and will have 10 weeks after the contract is signed to deliver the finished product.

Because the keyed Commissioner of Education’s hearing decisions will be relied upon by parties in legal proceedings, accuracy is of the greatest importance. A proposer shall demonstrate at least two years' experience keying in documents with a high rate of accuracy. A proposer shall provide at least three references, including addresses and telephone numbers of customers who have presented similar projects and can affirm that the proposer customarily meets a 99.995% accuracy rate. The final product shall have at least a 99.995% accuracy rate, which will be tested by sampling.

Dates of Project. All services and activities related to this proposal will be conducted within specified dates. Proposers should plan for a starting date of no earlier than August 18, 2000, and an ending date of no later than October 13, 2000.

Project Amount. One contractor will be selected to receive a maximum of $30, 000 during the contract period.

Selection Criteria. Proposals will be selected based on the ability of each proposer to carry out all requirements contained in the RFP. The TEA will base its selection on, among other things, the demonstrated competence and qualifications of the proposer. In particular, past performance in high- accuracy data entry as demonstrated through customer references will be given great weight. The TEA reserves the right to select from the highest- ranking proposals those that address all requirements in the RFP.

The TEA is not obligated to execute a resulting contract, provide funds, or endorse any proposal submitted in response to this RFP. This RFP does not commit TEA to pay any costs incurred before a contract is executed. The issuance of this RFP does not obligate TEA to award a contract or pay any costs incurred in preparing a response.

Requesting the Proposal. A complete copy of RFP #701-00-045 may be obtained by writing the: Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tmail.tea.state.tx.us. Please refer to the RFP number in your request. Provide your name, complete mailing address, and telephone number including area code.

Further Information. For clarifying information about the RFP, contact Christopher Maska, Division of Hearings and Appeals, Texas Education Agency, (512) 463-9960.

Deadline for Receipt of Proposals. Proposals must be received in the Document Control Center of the Texas Education Agency by 5:00 p.m. (Central Standard Time), Monday, August 14, 2000, to be considered.

TRD-200004794

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Filed: July 12, 2000

Request for Proposals Concerning Production of Braille Textbook Copies for Texas Public Schools

Eligible Proposers. The Texas Education Agency (TEA) is requesting proposals under Request for Proposals (RFP) #701-00-037 from nonprofit organizations, private companies, and regional education service centers to copy (i.e., emboss), bind, and deliver Braille textbook copies from textbooks that are to be adopted by the State Board of Education in November 2000 along with the ancillaries accompanying these state-adopted textbooks. Additionally, contractors will be responsible for copying and delivering Braille teacher editions of instructional materials upon demand. Historically underutilized businesses (HUBs) are encouraged to submit proposals.

Description. The purpose of this RFP is to ensure that Texas students receive quality Braille textbooks, delivered on time, at an economical price.

The adopted textbooks and ancillaries to be copied (i.e., embossed), bound, and distributed have been arranged into four production packages of various sizes. These are designated Copy Packages A, B, C, and D. A Braille producer may submit a proposal for all four packages or any combination of the packages. TEA reserves the right to select the number of packages contracted to each applicant. For example, all four packages could be awarded to one applicant or four applicants could be awarded one package each or any combination thereof.

Dates of Project. All services and activities related to this RFP will be conducted within specified dates. Proposers should plan for a starting date of no earlier than January 3, 2001, and an ending date of no later than August 31, 2007.

Project Amount. The project, consisting of all four production packages, will receive funding at a level not to exceed $1.5 million for the first year and not to exceed $2 million for the entire period of adoption, normally six years.

Selection Criteria. Proposals will be selected based on the ability of each proposer to carry out all requirements contained in this RFP. The TEA will base its selection on, among other things, the demonstrated competence and qualifications of the proposer. The TEA reserves the right to select from the highest-ranking proposals those that address all requirements in this RFP considering the outcomes desired.

Requesting the Proposal. A complete copy of RFP #701-00-037 may be obtained by writing the: Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tmail.tea.state.tx.us. Please refer to the RFP number in your request. Provide your name, complete mailing address, and telephone number including area code.

Further Information. For clarifying information about this RFP, please contact Charles E. Mayo, Division of Textbook Administration, TEA, Room 3-117, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701-1494, (512) 463-9601, or by e-mail at cmayo@tmail.tea.state.tx.us.

Deadline for Receipt of Proposals. Proposals must be received in the Document Control Center of the TEA by 5:00 p.m. (Central Time), Friday, September 15, 2000, to be considered.

TRD-200004795

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Filed: July 12, 2000

Request for Proposals Concerning Production of Braille Textbook Masters for Texas Public Schools

Eligible Proposers. The Texas Education Agency (TEA) is requesting proposals under Request for Proposals (RFP) #701-00-036 from nonprofit organizations, private companies, and regional education service centers to produce Braille textbook masters from textbooks that are to be adopted by the State Board of Education in November 2000 along with the ancillaries accompanying these state-adopted textbooks. Contractors will be responsible for brailling additional instructional materials on demand. Historically underutilized businesses (HUBs) are encouraged to submit proposals.

Description. The purpose of this RFP is to ensure that Texas students receive quality Braille textbooks, delivered on time, at an economical price.

The adopted textbooks and ancillaries to be brailled have been arranged into four packages of various sizes. These are designated Master Packages A, B, C, and D. A Braille producer may submit a proposal for all four packages or any combination of the packages. TEA reserves the right to select the number of packages contracted to each applicant. For example, all four packages could be awarded to one applicant or four applicants could be awarded one package each or any combination thereof.

Proposers selected for contracts will be responsible for producing Braille masters of instructional materials designated in this RFP. Contractors will be responsible for brailling additional instructional materials upon request, including teacher editions.

Project Amount. The project’s overall estimated cost, consisting of all four production packages, will not exceed $3 million for the first year and not exceed $4 million for the entire period of adoption, normally six years.

Requesting the Proposal. A complete copy of RFP #701-00-036 may be obtained by writing the: Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tmail.tea.state.tx.us. Please refer to the RFP number in your request. Provide your name, complete mailing address, and telephone number including area code.

Further Information. For clarifying information about this RFP, please contact Charles E. Mayo, Division of Textbook Administration, Texas Education Agency, Room 3-117, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701-1494, (512) 463-9601 or by e-mail at cmayo@tmail.tea.state.tx.us.

Deadline for Receipt of Proposals. Proposals must be received in the Document Control Center of the TEA by 5:00 p.m. (Central Time), Friday, September 15, 2000, to be considered.

TRD-200004796

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Filed: July 12, 2000

Request for Proposals Concerning Production of Large Type Textbooks for Texas Public Schools

Eligible Proposers. The Texas Education Agency (TEA) is requesting proposals under Request for Proposals (RFP) #701-00-038 from nonprofit organizations, private companies, and regional education service centers to produce large type textbooks that are to be adopted by the State Board of Education in November 2000. Historically underutilized businesses (HUBs) are encouraged to submit proposals.

Description. The purpose of this RFP is to ensure that Texas students receive quality large type textbooks, delivered on time, at an economical price.

The proposer selected for the contract will be responsible for producing large type versions of instructional materials designated in this RFP. The adopted textbooks to be enlarged have been arranged into a single production package.

Project Amount. One contractor will be selected to receive a maximum of $1 million during the contract period.

Selection Criteria. Proposals will be selected based on the ability of each proposer to carry out all requirements contained in this RFP. Proposers will be asked to submit a sample of their work. The TEA will base its selection on, among other things, the demonstrated competence and qualifications of the proposer. The TEA reserves the right to select from the highest-ranking proposals those that address all requirements in this RFP.

Requesting the Proposal. A complete copy of RFP #701-00-038 may be obtained by writing the: Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tmail.tea.state.tx.us. Please refer to the RFP number in your request. Provide your name, complete mailing address, and telephone number including area code.

Deadline for Receipt of Proposals. Proposals must be received in the Document Control Center of the TEA by 5:00 p.m. (Central Time), Friday, September 22, 2000, to be considered.

TRD-200004797

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Filed: July 12, 2000

Request for Proposals Concerning Texas Permanent School Fund Investment Management Services: Domestic Large Cap Core Equity

Eligible Proposers. The Texas Education Agency (TEA) is requesting proposals under Request for Proposals (RFP) #701-00-039 from qualified investment management companies to provide domestic large cap core equity investment management services to the Texas Permanent School Fund (PSF).

Description. The purpose of this RFP is to solicit information that will aid the State Board of Education (SBOE) in selecting one or more independent investment management companies to provide domestic large cap core equity investment management services for portions of the PSF.

Dates of Project. Proposers should plan for a starting date of no earlier than September 15, 2000, or such time as the SBOE approves a contract. Ending dates of contracts will be subject to 30-day cancellation clauses.

Project Amount. The total amount of the contract is subject to a negotiated bid.

Selection Criteria. A contract will be awarded based on an evaluation of the proposer’s ability to provide the requested services; the demonstrated competence and qualifications of the proposer; and the reasonableness of the proposed fee. The TEA is not obligated to execute a contract, provide funds, or endorse any proposal that is submitted in response to this RFP. This RFP does not commit the TEA to pay any costs incurred before a contract is executed. The issuance of this RFP does not obligate the TEA or the SBOE to award a contract or pay any costs incurred in preparing a response.

Requesting the Proposal. A complete copy of RFP #701-00-039 may be obtained by writing the: Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tmail.tea.state.tx.us. Please refer to the RFP number in your request.

Further Information. For clarifying information about the RFP, contact Paul Ballard, Texas Permanent School Fund, Texas Education Agency, (512) 463-9l69.

Deadline for Receipt of Proposals. Proposals must be received in the Document Control Center of the Texas Education Agency by 5:00 p.m. (Central Time), Wednesday, July 26, 2000, to be considered.

TRD-200004791

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Filed: July 12, 2000

Request for Proposals Concerning Texas Permanent School Fund Investment Management Services: Domestic Large Cap Growth Style

Eligible Proposers. The Texas Education Agency (TEA) is requesting proposals under Request for Proposals (RFP) #701-00-040 from qualified investment management companies to provide domestic large cap growth style investment management services to the Texas Permanent School Fund (PSF).

Description. The purpose of this RFP is to solicit information that will aid the State Board of Education (SBOE) in selecting one or more independent investment management companies to provide domestic large cap growth style investment management services for portions of the PSF.

Project Amount. The total amount of the contract is subject to a negotiated bid.

Requesting the Proposal. A complete copy of RFP #701-00-040 may be obtained by writing the: Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tmail.tea.state.tx.us. Please refer to the RFP number in your request.

Further Information. For clarifying information about the RFP, contact Paul Ballard, Texas Permanent School Fund, Texas Education Agency, (512) 463-9l69.

Deadline for Receipt of Proposals. Proposals must be received in the Document Control Center of the Texas Education Agency by 5:00 p.m. (Central Time), Wednesday, July 26, 2000, to be considered.

TRD-200004792

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Filed: July 12, 2000

Request for Proposals Concerning Texas Permanent School Fund Investment Management Services: Domestic Large Cap Value Style

Eligible Proposers. The Texas Education Agency (TEA) is requesting proposals under Request for Proposals (RFP) #701-00-041 from qualified investment management companies to provide domestic large cap value style investment management services to the Texas Permanent School Fund (PSF).

Description. The purpose of this RFP is to solicit information that will aid the State Board of Education (SBOE) in selecting one or more independent investment management companies to provide domestic large cap value style investment management services for portions of the PSF.

Project Amount. The total amount of the contract is subject to a negotiated bid.

Requesting the Proposal. A complete copy of RFP #701-00-041 may be obtained by writing the: Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tmail.tea.state.tx.us. Please refer to the RFP number in your request.

Further Information. For clarifying information about the RFP, contact Paul Ballard, Texas Permanent School Fund, Texas Education Agency, (512) 463-9l69.

Deadline for Receipt of Proposals. Proposals must be received in the Document Control Center of the Texas Education Agency by 5:00 p.m. (Central Time), Wednesday, July 26, 2000, to be considered.

TRD-200004793

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Filed: July 12, 2000

Standard Application System Concerning Public Charter Schools, 2000-2001

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications (Standard Application System (SAS)-#A508) from open-enrollment charter schools authorized on June 1, 2000, as established by Texas Education Code, Chapter 12, to increase the understanding of the public charter schools model by providing financial assistance for the design and implementation of public charter schools. Campus charters and campus program charters that had notified TEA by June 1, 2000, of their operation are also eligible to apply. Applications will be mailed automatically to each eligible public charter school.

Description. In accordance with the purpose of the federal Public Charter Schools Grant Program, funds may be used for post-award planning and design of the educational program, which may include: (1) refining the desired educational results and methods for measuring progress toward achieving those results; and (2) providing professional development for teachers and other staff who will work in the public charter school. Funds may also be used for the initial implementation of the charter school, which may include: (1) informing the community about the public charter school; (2) acquiring necessary equipment and educational materials and supplies; (3) acquiring or developing curriculum materials; and (4) funding other initial operational costs that cannot be met from state or local sources.

Dates of Project. The federal Public Charter Schools Grant Program will be implemented between August 11, 2000, and December 31, 2000. Applicants should plan for a starting date of no earlier than August 11, 2000, and an ending date of no later than December 31, 2000.

Project Amount. Funding will be provided for the 25 charter schools authorized on June 1, 2000, that did not receive funding during 1999-2000. Each project will receive a maximum of $40,000. Project funding in any subsequent year will be based on satisfactory progress of the first-year objectives and activities and on general budget approval by the State Board of Education and the commissioner of education and appropriations by the U.S. Congress. This project is funded 100% from the Public Charter Schools federal funds.

The TEA is not obligated to approve an application, provide funds, or endorse any application submitted. The TEA is not committed to pay any costs before an application is approved. The TEA is not obligated to award a grant or pay any costs incurred in preparing an application.

Requesting the Application. A copy of the complete SAS-#A508 has been mailed to each eligible public charter school. Other interested parties may obtain a complete copy of SAS-#A508 by writing to: Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tmail.tea.state.tx.us. Please provide your name, complete mailing address, and telephone number including area code and refer to the SAS number in your request.

Further Information. For clarifying information about the SAS, contact Esther Murguia , Division of School and Community Support, Texas Education Agency, (512) 463-9575.

Deadline for Receipt of Applications. Applications must be received in the Document Control Center of the Texas Education Agency no later than 5:00 p.m. (Central Time), Friday, August 11, 2000, and will be effective on the date received by the TEA.

TRD-200004799

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Filed: July 12, 2000

General Land Office

Notice of Award for Consulting Services

In accordance with Chapter 2254, Subchapter B, and §Section 2254.029, Texas Government Code, the Texas General Land Office (GLO), Asset Management Division, files this notice of a contract award. The Invitation for Offers of Consulting Services was published in the April 14, 2000, edition of the Texas Register (25 TexReg 3325).

The Texas General Land Office is conducting a market analysis study of the economic, financial and market conditions in the Fort Bend County Region. This study will provide the GLO with a key component of its disposition strategy for property held in the Fort Bend area. The information provided to the GLO by the selected consultant shall include an inventory of available housing developments, current housing trends, supply, demand, and absorption rates for residential, commercial, and industrial property, and analysis of the information gathered on a macro and micro commercial, and industrial property, an analysis of any overlapping markets within the subject tracts, an economic base analysis of the greater Fort Bend and southwest Harris county environs and other work products as required.

The consultant selected to provide the above services is the American Metro/Study Corporation, One West Loop South, Suite 890, Houston, TX 77027. The consultant contract is effective from June 29, 2000, through August 31, 2000. A comprehensive final report will be submitted to the GLO by no later than August 31, 2000.

General Services Commission

General Services Commission Summary of Other State Bidder Preference Laws

The General Services Commission publishes this list of other state bidder preference laws in accordance with Texas Codes Annotated, Government Code, Title 10, §2252.003, which requires the publication of a list of states which have laws or regulations regarding the award of contracts for general construction, improvements, services, or public works projects or purchases of supplies, materials, or equipment to nonresident bidders, together with a citation to and summary of the most recent law or regulation of each state relating to the evaluation of bids from and award of contracts to nonresident bidders.

Reciprocal Preference - The General Services Commission may award a contract to a nonresident bidder only if its bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state where the nonresident's principal place of business is located. In evaluating a bid of a nonresident bidder, an amount will be added equal to the amount a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state where the nonresident bidder's principal place of business is located. After the amount is added, an award may be made to the nonresident bidder if it is determined to have the lowest price and best bid. The amount added is for evaluation purposes only; in no event shall an amount be awarded in excess of the amount actually bid. (1 TAC, §113.8)

ALABAMA:

Code of Alabama, Title 14, §14-7-13 (Lexis 2000) - Preference for prison-made articles or products from the Alabama Board of Corrections.

Code of Alabama, Title 21, §21-2-2 (Lexis 2000) - Preference for products made or manufactured by the blind, visually handicapped, deaf or severely handicapped through the Alabama Institute for the Deaf and Blind. Preference is not applied over articles produced or manufactured by convicts in Alabama employed in industries operated or supervised by the board of corrections.

Code of Alabama, Title 39, §39-3-1 (Lexis 2000) - Preference in contracts for public works projects financed entirely by the State of Alabama to stipulate in the contract or cause to be stipulated a provision whereby the person, firm or corporation undertaking the project agrees to use materials, supplies, and products manufactured, mined, processed or otherwise produced in the United States or its territories.

Code of Alabama, Title 39 §39-3-5 (Lexis 2000) - Preference to resident contractors in tie bids for public contracts in which any state county or municipal funds are utilized. Reciprocal preference is applied to nonresident contractors in the letting of public contracts. A nonresident contractor is defined in §39-2-12 as a contractor who is neither organized and existing under the laws of the State of Alabama, nor maintains its principal place of business in the State of Alabama.

Code of Alabama, Title 41, §41-16-20 (2000 AL. S.B. 260) - With the exception of public works contracts, a five percent (5%) preference is applied in all contracts of whatever nature for labor, services, work, or for the purchase or lease of materials, equipment, supplies, or other personal property, involving seven thousand five hundred dollars ($7,500) or more to a person, firm or corporation who (1) produces or manufactures the product within the State of Alabama; (2) has an assembly plant or distribution facility for the product within the State of Alabama; and (3) is organized for business under the applicable laws of the State of Alabama as a corporation, partnership, or professional association and has maintained at least one retail outlet or service center for the product or service within the State of Alabama for not less than one year prior to the deadline date of the competitive bid.

Code of Alabama, Title 41, §41-16-27 (2000 AL. S.B. 260) - Contractual services and purchases of personal property regarding the athletic department, food services and transit services negotiated on behalf of two-year and four-year colleges and universities may be awarded without competitive bid and preference given to an Alabama business entity (a sole proprietorship, partnership or corporation organized in the State of Alabama). Preference to an Alabama business entity does not apply if the product or service supplied by a foreign corporation is substantially different or superior to the product or service supplied by the Alabama business entity.

Code of Alabama, Title 41, §41-16-57 (Lexis 2000) - Preference in tie bids for commodities produced in Alabama or sold by Alabama persons, firms, or corporations in the purchase of or contract for personal property or contractual services.

ALASKA:

Alaska Statutes, §36.15.010 (Lexis 2000) - Preference for use of only timber, lumber and manufactured lumber products originating in Alaska from local forests to be used in projects financed by state money.

Alaska Statutes, §36.15.050 (Lexis 2000) - A seven percent preference for agricultural products harvested in the state of Alaska and for fisheries products harvested or processed within the jurisdiction of the State of Alaska when purchased by the state or by a school district that receives state money.

Alaska Statutes §36.30.170(b) (99 AK S.B. 220) - Applies an Alaska bidder preference of five percent, an Alaska products preference as described in §§36.30.322 through 36.30.328, and a recycled products preference under §36.30.337 over the lowest responsive and responsible bidder.

"Alaska bidder" is defined as (1) a person who holds a current Alaska business license; (2) submits a bid for goods, services or construction under the name in the Alaska business license; (3) maintains a place of business within the state; (4) is incorporated or qualified to do business under the laws of the State of Alaska, is a sole proprietorship and the proprietor is a resident of the State of Alaska, is a limited liability company organized under Alaska Statutes §10.50 and all members are residents of the State of Alaska, or is a partnership under Alaska Statutes §32.05 and §32.11 and all partners are residents of Alaska; and (5) if it is a joint venture, that it is composed entirely of ventures that meet the preceding qualifications.

Alaska Statutes §36.30.170(c) (Lexis 2000) - Award to an Alaska bidder who is not more than 15 percent higher than the lowest bid when Alaska bidder offers services through an employment program. "Program" means the state training and employment program established in Alaska Statutes, §§23.15.620 through 23.15.660

Alaska Statutes §36.30.170(d) (Lexis 2000) - An Alaska bidder preference of five percent (5%) over the lowest bid for insurance related contracts.

Alaska Statutes §36.30.170(e) (Lexis 2000) - An Alaska bidder preference of 10 percent over the lowest bid applied to a bidder who qualifies under §36.170(b) and is a qualifying entity. Qualifying entity is defined as (1) a sole proprietorship owned by a person with a disability; (2) a partnership if each of the partners is a person with a disability; or (3) a corporation that is wholly owned by individuals and each of the individuals is a person with a disability.

Alaska Statutes §36.30.170(f) (Lexis 2000) - An Alaska bidder preference of 10 percent over the lowest bid if at least 50 percent of bidder's employees at time of the bid are persons with a disability.

Alaska Statutes, §36.30.322 (Lexis 2000) - Preference for timber, lumber and manufactured lumber products originating in the state of Alaska forests to be procured by an agency or used in construction projects of an agency.

Alaska Statutes, §36.30.324 (Lexis 2000) - Preference for use of Alaska products and recycled Alaska products in procurements for an agency.

Alaska Statutes, §36.30.332 (Lexis 2000) - Preference for the following Alaska products: Preference of three percent for Class I products that are more than 25 percent and less than 50 percent produced or manufactured in the State of Alaska. Preference of five percent for Class II products that are 50 percent or more and less than 75 percent produced or manufactured in the State of Alaska. Preference of seven percent for Class III products that are 75 percent produced or manufactured in the State of Alaska.

Alaska Statutes, §36.30.333 (Lexis 2000) - A preference for purchasing recycled paper in which at least 25% of the quantity purchased must be recycled paper unless recycled paper is not available for the purchase or unless, after application of the procurement preference under Alaska Statute §36.30.337, the recycled paper is more expensive than the nonrecycled paper.

Alaska Statutes, §36.30.337 (Lexis 2000) - Preference of five percent for recycled products.

Alaska Statutes, §36.30.338 (Lexis 2000) - Definitions: (1) "Recycled Alaska product" means an Alaskan product of which not less than 50 percent of the value of the product consists of a product that was previously used in another product, if the recycling process is done in the State of Alaska. (2) "Produced or manufactured" means processing, developing, or making an item into a new item with a district character and use through the application within the state of materials, labor, skill or other services. "Alaska product" means a product of which not less than 25 percent of the value has been added by manufacturing or production in the State of Alaska.

Title 2, Alaska Administrative Code, §12.260(d) (Lexis 2000) - A preference of five percent over the lowest bid is applied to an Alaska bidder under Alaska Statutes §36.30.170(b) in competitive sealed proposals.

Title 2, Alaska Administrative Code, §12.260(e) (Lexis 2000) - If a numerical rating system is used in evaluating competitive sealed proposals, an Alaska offeror's preference of at least 10 percent of the total possible value of the rating system is assigned to a proposal from an Alaska bidder.

Title 2, Alaska Administrative Code, §12.890 (Lexis 2000) - If both the Alaska bidder's preference under Alaska Statutes §36.30.170(b) and the Alaska products preference under Alaska Statutes §36.30.328 apply to a solicitation, the bidder preference is applied first and the products preference second.

ARIZONA:

Arizona Revised Statutes Annotated, Title 34, §34-242 (Lexis 2000) - Preference of five percent for bidders who furnish materials produced or manufactured in the State of Arizona to construct a building or structure, or additions to or alterations of existing buildings or structures to any political subdivision of the State of Arizona. Bidders cannot claim a preference pursuant to both §34-242 and §34-243 and may not receive more than five percent total preference.

Arizona Revised Statutes Annotated, Title 34, §34-243 (Lexis 2000) - Preference of five percent to bidders who furnish materials supplied by a dealer who is a resident of the State of Arizona to construct a building or structure, or additions to or alterations of existing buildings or structures for any political subdivision of Arizona.

Arizona Revised Statutes Annotated, Title 41, §41-2533 (Lexis 2000) - Preference of five percent to the bidder of recycled paper product.

Arizona Revised Statutes Annotated, Title 41, §41-2636 (Lexis 2000) - Preference for state governmental units to purchase office products, vinyl binders and furniture from Arizona correctional industries if (1) such materials and services are readily available; (2) such materials and services are capable of timely delivery; and (3) such materials and services are of equal quality and price for these same materials and services in the private sector.

Arizona Administrative Code, Title 2, Chapter 7, §R2-7-335 (Lexis 2000) - When practical, purchases that cost less than $10,000 shall be restricted to small businesses. Impractical purchases are under the following circumstances: Sole-source procurements as defined in A.R.S., §41-2536; emergency procurement as defined in A.R.S., §41-2537; purchases not expected to exceed $1,000; purchases delegated within a purchasing agency to field offices; and purchases that have been unsuccessfully completed by failure to contain a notice that only small businesses respond, or because the procurement officer has failed to request confirmation that a bidder contacted to offer a quote is a small business.

ARKANSAS:

Arkansas Code Annotated, §12-30-304 (Lexis 1999) - Preference for state institutions to purchase products grown or produced by the Arkansas State penitentiary and other farms.

Arkansas Code Annotated, §13-8-206 (Lexis 1999) - Preference for works of art by Arkansas artists when purchasing or commissioning art work for a state agency building to be constructed or renovated.

Arkansas Code Annotated, §19-11-259 (Lexis 1999) - Preference of five percent (5%) to a firm resident in Arkansas in the purchase of commodities that are materials and equipment used in public works projects.

Arkansas Code Annotated, §19-11-260 (Lexis 1999) - Preference of ten percent (10%) for recycled paper products. An additional one percent (1%) preference is allowed for products containing the largest amount of post-consumer materials recovered within the State of Arkansas. A bidder receiving a preference under this section shall not be entitled to an additional preference under §19-11-259.

Arkansas Code Annotated, §19-11-304 (Lexis 1999) - Priority for bids submitted by private industries located within the State of Arkansas and employing Arkansas taxpayers over bids submitted by out-of-state penal institutions employing convict labor.

Arkansas Code Annotated, §19-11-305 (Lexis 1999) - Preference of five percent (5%) to Arkansas bidders (as provided for in §19-11-259) in the purchase of commodities that are materials and equipment used in public works projects against bids received from private industries located outside the State of Arkansas; and a preference of fifteen (15%) percent to Arkansas bidder against out-of-state correctional institution bids.

CALIFORNIA:

California Government Code, Title 1, Division 5, Chapter 4, §4331 (Lexis 2000) -- Preference for supplies grown manufactured, or produced in the State of California, and next preference for supplies partially manufactured, grown or produced in the State of California. NOTE: Although §4331 has not been repealed, it was found to be unconstitutional by the California Attorney General. (See 53 Ops. Cal. Atty. Gen. 72, 73 (1970) ). Preference for California-made supplies by this section not applicable to materials going into construction of state-owned buildings; and not applying to general contractors purchasing materials necessary to perform their contracts with the State of California. (See 27 Ops. Cal. Atty. Gen. 52 (1956))

California Government Code, Title 1, Division 5, Chapter 4, §4334 (Lexis 2000) -- Preference of five percent to bidders manufacturing in the State of California supplies to be used or purchased in the letting of contracts for public works, with the construction of public bridges, buildings and other structures, or with the purchase of supplies for any public use. NOTE: Although §4334 has not been repealed, it was found to be unconstitutional by the California Attorney General. (See 53 Ops. Cal. Atty. Gen. 72, 73 (1970).

California Government Code, Title 1, Division 5, Chapter 10.5, §4531 (Lexis 2000) - Preference for California based companies submitting bids or proposals for state contracts to be performed at worksites in distressed areas by persons with a high risk of unemployment when the contract is for goods or services in excess of one hundred thousand dollars ($100,000). (Target Area Contract Preference Act).

California Government Code, Title 1, Division 5, Chapter 10.5, §4533 (Lexis 2000) -- Contracts for goods in distressed areas. Preference of five percent in contracts for goods in excess of $100,000 given to California based companies that have at least 50 percent of the labor hours required to manufacture the goods and perform the contract performed at a worksite or worksites located in a distressed area.

California Government Code, Title 1, Division 5, Chapter 10.5, §4533.1 (Lexis 2000) -- Additional preference awarded to bidders for contracts of goods in excess of $100,000 and who comply with §4533 are as follows: One percent preference for bidders who agree to hire persons with high risk of unemployment equal to 5 to 9 percent of its work force during the period of contract performance; a two percent preference for bidders who agree to hire persons with high risk of unemployment equal to 10 to 14 percent of its work force during the period of contract performance; a three percent preference for bidders who agree to hire persons with high risk of unemployment equal to 15 to 19 percent of its workforce during the period of contract performance.

California Government Code, Title 1, Division 5, Chapter 10.5, §4534 (Lexis 2000) -- Preference of five percent in contracts for services in excess of $100,000 given to California based companies that have no less than 90 percent of the labor required for the contract performed at a worksite or worksites located in a distressed area.

California Government Code, Title 1, Division 5, Chapter 10.5, §4534.1 (Lexis 2000) -- Additional preferences as set forth in §4533.1 are awarded to bidders for contracts of services in excess of $100,000 who comply with provisions as set forth in §4534.

California Government Code, Title 1, Division 5, Chapter 10.5, §4535.2 (Lexis 2000) -- The maximum preference and incentive a bidder may be awarded under Chapter 10.5, the Target Area Contract Preference Act, is fifteen percent and is not to exceed a cost preference of $50,000. The combined cost of preferences and incentives granted pursuant to Chapter 10.5 and any other provision of law is not to exceed $100,000. Small business bidders qualified in accordance with §14838 shall have precedence over non small business bidders.

California Government Code, Title 1, Division 7, Chapter 12.8, §7084 (Lexis 2000) -- Contracts for goods in enterprise zones. Preference of five percent in contracts for goods in excess of $100,000 to California based companies who certify that not less than fifty percent of the labor hours required to perform the contract shall be accomplished at a worksite or worksites located in an enterprise zone.

Additional preferences to California-based companies complying with this section during the performance of the contract are as follows: Five percent preference given when not less than 90 percent of the labor hours required to perform the contract for goods is accomplished at a worksite or worksites located in an enterprise zone. One percent preference given to bidders who agree to hire persons living within a targeted employment area or enterprise zone equal to five to nine percent of its workforce. Two percent preference given to bidders who agree to hire persons living within a targeted employment area or enterprise zone equal to 10 to 14 percent of its work force. Three percent preference given to bidders who agree to hire persons living within a targeted employment area or enterprise zone equal to 15 to 19 percent of its workforce. Four percent preference given to bidders who agree to hire persons living within a targeted employment area or enterprise zone equal to 20 or more percent of its workforce during the period of the contract performance.

The maximum preference awarded to a bidder under the California Government Code, Chapter 12.8, Enterprise Zone Act, is 15 percent, and the maximum preference cost cannot exceed $50,000.00.

California Government Code, Division 7, Title 1, Chapter 12.97, §7118 (Lexis 2000) - A preference of five percent is awarded to California-based companies in contracts for goods in excess of $100,000 if no less than 50 percent of the labor required to perform the contract is accomplished at a worksite or worksites located in a local agency military base recovery area (LAMBRA).

A preference of five percent is awarded to California-based companies in contracts for services in excess of $100,000 who perform the contract at a worksite or worksites located in a LAMBRA.

Additional preferences are awarded to California-based companies complying with this section as follows: A one percent preference for bidders who shall agree to hire persons living within a LAMBRA; a two percent preference for bidders who agree to hire persons living within a LAMBRA that is equal to 10 to 14 percent of its work force during the period of contract performance; a three percent preference for bidders who agree to hire persons living within a LAMBRA that is equal to 15 to 19 percent of its work force during the contract performance; and a four percent preference for bidders who hire persons living within a LAMBRA that is equal to 20 percent or more of its work force during the contract performance.

The maximum preference a bidder may be awarded under Chapter 12.97, Local Agency Military Base Recovery Area Act, is 15 percent and the maximum preference cost cannot exceed $50,000.00.

A small business bidder who the lowest responsible bidder or is eligible for a five percent small bidder's preference, notwithstanding any other provision of this section, shall be given precedence over nonsmall businesses.

California Government Code Annotated, Title 2, Division 2, §1896.2 (Lexis 2000) - Each California state agency shall grant to all qualified small business a preference that is not to exceed five percent.

California Government Code Annotated, Title 2, Division 3, Chapter 6.5, §14837 (Lexis 2000) - Definitions. "Small business" means an independently owned and operated business, which is not dominant in its field of operation, the principal office of which is located in California, the officers of which are domiciled in California, and which, together with affiliates, has 100 or fewer employees, and average annual gross receipts of ten million dollars ($10,000,000) or less over the previous three years, or is a manufacturer with 100 or fewer employees.

"Manufacturer" means a business that is (1) primarily engaged in the chemical or mechanical transformation of raw materials or processed substances into new products; and (2) classified between codes 2000 and 3999, inclusive, of the Standard Industrial Classification (SIC) Manual published by the United States Office of Management and Budget, 1987 edition.

California Government Code Annotated, Title 2, Division 3, Chapter 6.5, §14838 (Lexis 2000) - Small businesses - A five percent preference to small business over the lowest responsible bidder meeting specifications in state procurement, construction contracts, and in service contracts. The maximum small business preference shall not exceed $50,000 for any bid and the combined cost for preferences granted by law shall not exceed $100,000.

In the event of a precise tie between the low responsible bid from a small business and the low responsible bid from a disabled veteran-owned small business, the disabled veteran-owned small business will be awarded the contract.

California Government Code Annotated, Title 2, Division 3, Chapter 2.1, §15813.1 (Lexis 2000) - Definitions. "Work of art" means any work of visual art, including but not limited to, a drawing, painting, mural, fresco, sculpture, mosaic, or photograph, a work of calligraphy, a work of graphic art (including an etching, lithograph, offset print, silk screen, or a work of graphic art of like nature), crafts (including crafts in clay, textile, fiber, wood, metal, plastic, glass, and like materials), or mixed media including a collage, assemblage, or any combination of the foregoing art media). The term "work of art" does not include environmental landscaping placed about a state building.

California Government Code Annotated, Title 2, Division 3, Chapter 2.1, §15813.3 (Lexis 2000) - Preference given to artists who are California residents when purchasing, leasing, or commissioning works of art for public buildings.

California Public Contract Code, Division 2, Part 1, Chapter 3, §3410 (Lexis 2000) - Preference for United States-grown produce and United States-processed foods when a governmental entity purchases food.

California Public Contract Code, Division 2, Part 1, §6107 (Lexis 2000) -- Reciprocal preference awarded to a California company applied when awarding contracts for construction. If the California company is eligible for a California small business preference described in §14838, the preference applied is the greater of the two, but not both.

California Public Contract Code, Division 2, Part 2, Chapter 2.5, §10855 (Lexis 2000) - "Recycled paper product" means a paper product with not less than 50 percent, by fiber weight, consisting of secondary and post-consumer material with not less than 10 percent of fiber weight consisting of post-consumer material.

"Post-consumer material" means a finished material which would normally be disposed of as a solid waste, having completed its life cycle as a consumer item.

"Secondary material" means fragments of products or finished products of a manufacturing process which has converted a virgin resource into a commodity of real economic value.

California Public Contract Code, Division 2, Part 2, Chapter 2.5, §10860 (Lexis 2000) - Under Chapter 2.5, California State University Contract Law, recycled paper product contracts are awarded to the bidder with the greater percentage of postconsumer material

California Public Contract Code, Division 2, Part 2, Chapter 3, §12102 (Lexis 2000) - A preference of five percent for small business (provided for in Government Code Annotated, Title 2, Division 3, Chapter 6.5, §14838) is applied for the acquisition of electronic data processing and telecommunications goods and services.

California Public Contract Code, Division 2, Part 2, Chapter 4, §12162 (Lexis 2000) - All state agencies are to give a price preference, not to exceed 10 percent, to recycled paper products if the product's fitness, quality, and availability are comparable to nonrecycled products.

California Public Contract Code, Division 2, Part 2, Chapter 4, §12168 (Lexis 2000) - The combined dollar amount of preference granted by public agencies for the purchase of recycled paper is not to exceed $100,000. The recycled paper bidder preference shall not exceed $50,000 if a preference exceeding that amount would preclude a small business that offers nonrecycled paper products and is qualified under the California Government Code, §14838.

California Public Contract Code, Division 2, Part 2, Chapter 4, §12183 (Lexis 2000) - A preference exists for compost and co-compost products when they can be substituted for, and cost no more than, the cost of regular fertilizer or soil amendment products, or both.

California Government Code Annotated, Title 2, Division 2, Part 2, Chapter 4, §12210 (Lexis 2000) - All local and state public agencies are to give preference to the suppliers of recycled products.

COLORADO:

Colorado Revised Statutes Annotated, §8-18-101 (Lexis 1999) - Reciprocal preference applied in favor of resident bidders for contracts of commodities and services.

Colorado Revised Statutes Annotated, §8-19-101 (Lexis 1999) - Reciprocal preference applied in favor of resident bidders for construction contracts.

Colorado Revised Statutes Annotated, §8-19.5-101 (Lexis 1999) - Preference of five percent in a public project contract to a bidder who has used recycled plastics in the manufacture of commodity or supplies. "Public project" means any publicly funded contract entered into by a governmental body of the executive branch of the State of Colorado that is subject to the Procurement Code, articles 101 to 112 of Title 24, Colorado Revised Statutes.

Colorado Revised Statutes Annotated, §24-30-1203 (Lexis 1999) - Preference to purchase products and services from nonprofit agencies for persons with severe disabilities.

Colorado Revised Statutes Annotated, §24-103-202.5 (Lexis 1999) - Preference for resident bidder in "low tie bids" for award of a supply contract. "Low tie bids" means low responsible bids from bidders that are identical in amount and that meet all the requirements and criteria set forth in the invitation for bids. (C.R.S. §24-103-101)

CONNECTICUT:

Connecticut General Statutes, §4a-59 (Public Act N. 99-213, S.B. 7056) - Preference of up to ten per cent for (A) the purchase of goods made with recycled materials, or the purchase of recyclable or remanufactured products; (B) the purchase of motor vehicles powered by a clean alternative fuel; or (C) the purchase of motor vehicles powered by fuel other than a clean alternative fuel, and conversion equipment to convert such motor vehicles allowing the vehicles to be powered by either the exclusive use of clean alternative fuel or dual use of a clean alternative fuel and a fuel other than a clean alternative fuel.

"Recyclable" means able to be collected, separated or otherwise recovered from the solid waste stream for reuse, or for use in the manufacture or assembly of another package or product, by means of a recycling program.

"Remanufactured" means restored to its original function and thereby diverted from the solid waste stream by retaining the bulk of components that have been used at least once and by replacing consumable components.

"Remanufacturing: means any process by which a product is remanufactured.

"Clean alternative fuel" means natural gas or electricity when used as a motor vehicle fuel.

Preference in tie bids is given to supplies, materials and equipment produced, assembled or manufactured in the State of Connecticut and services originating and provided for in the State of Connecticut.

Connecticut General Statutes, §10-298b (Lexis 1999) - Preference for all departments, institutions, or agencies supported whole or in part by the State of Connecticut to purchase products made or manufactured or services provided by blind persons under the direction or supervision of the Board of Education and Services for the Blind. Preference does not apply to articles produced or manufactured by the Department of Correction Industries in the State of Connecticut, and emergency purchases.

Connecticut General Statutes, §17b-656 (Lexis 1999) - Preference for any department, institution, or agency supported whole or in part by the State of Connecticut to purchase products and services rendered by persons with disabilities, except (1) articles produced or manufactured by blind persons, (2) articles produced or manufactured by the Department of Corrections, and (3) emergency purchases.

Connecticut General Statutes, §18-88 (Lexis 01999) - Preference for each state department, agency, commission or board to purchase its necessary products and services from the Correctional Institutions and Department of Correction Industries, provided they are comparable in price and quality and in sufficient quantity as may be available outside the institutions.

DELAWARE:

Delaware Code, Title 16, §9605 (Lexis 1999) - Preference for a product or service of the Delaware Industries for the Blind and other severely disabled individuals.

Delaware Code, Title 29, §6962 (Lexis 1999) - Preference for Delaware laborers, workers or mechanics in the construction of all public works for the State of Delaware or any political subdivision, or by firms contracting with the State or any political subdivision thereof.

DISTRICT OF COLUMBIA:

District of Columbia Code, Title 1, §1-1183.1 (Lexis 1999) - Preference for the purchase of materials, equipment, and supplies produced in the District government or sold by District-based businesses.

FLORIDA:

Florida Statutes, Title XVIII, §255.04 (Lexis 1999) - Preference in tie bids awarded to materialmen, contractors, builders, architects, and laborers who reside in Florida for the purchase of material and in contracts for the erecting or construction of any public administrative or institutional building.

Florida Statutes, Title XIX, §283.32 (Lexis 1999) - Preference for each agency to use recycled paper. A preference of 10 percent to bidders who certify that the materials used for a printing contract contain at least the minimum percentage of recycled content established by the Department of Management Services.

Florida Statutes, Title XIX, §283.35 (Lexis 1999) - Preference in tie bids for printing contracts awarded to bidders located within the State of Florida.

Florida Statutes, Title XIX, §287.045 (Lexis 1999) - Preference of 10 percent to responsive bidder who has certified that the products or materials contain at least the minimum percentage of recycled content and post consumer recovered material and up to an additional five percent preference to a responsible bidder who has certified that the products or material are made of materials recovered in Florida.

Florida Statutes, Title XIX, §287.082 (Lexis 1999) - Preference in tie bids for commodities manufactured, grown, or produced in the State of Florida.

Florida Statutes, Title XIX, §287.084 (Lexis 1999) Reciprocal preference awarded to a bidder whose principal place of business is in the State of Florida for the purchase of personal property through competitive bidding. Reciprocal preference is awarded when lowest responsible bid is by a bidder whose principal place of business is in a state or political subdivision thereof which grants a preference for the purchase of such personal property to a person whose principal place of business is in such state. Reciprocal preference is equal to the preference granted by the state from which the lowest bidder has his or her principal place of business.

Florida Statutes, Title XIX, §287.087 (Lexis 1999) - Preference to a business that has implemented a drug-free workplace program in the procurement of commodities or contractual services by the state or any political subdivision.

"Commodity" means any of the various supplies, materials, goods, merchandise, food, equipment, and other personal property, including a mobile home, trailer, or other portable structure with floor space of less than 3,000 square feet, purchased, leased, or otherwise contracted for by the state and its agencies. "Commodity" also includes interest on deferred-payment commodity contracts. However, commodities purchased for resale are excluded from this definition. Further, a prescribed drug, medical supply, or device required by a licensed health care provider as a part of providing health services involving examination, diagnosis, treatment, prevention, medical consultation, or administration for clients at the time the service is provided is not considered to be a "commodity." Printing of publications shall be considered a commodity when competitively bid.

Florida Statutes, Title XXIX, §403.714 (Lexis 1999) - Preference for the procurement of compost products applies to all state agencies, the Department of Transportation, the Department of Management Services and local governments, when the compost products can be substituted for, and cost no more than, regular soil amendment products. The preference applies, but is not limited to, the construction of highway projects, road rights-of-way, highway planting projects, recultivation and erosion control programs, and other projects.

Florida Statutes, Title XXIX, §403.753 (Lexis 1999) - Applies a five percent preference in the procurement of recycled automotive, industrial and fuel oils, and oils blended with recycled oils for all state and local government uses.

Florida Statutes, Title XXX, §413.035 - (Lexis 1999) - Priority to purchase any product or service from a qualified nonprofit agency for the blind or for other severely handicapped persons.

Florida Administrative Code, Title 25, §25-25-025 (Lexis 2000) - General Purchasing Procedures - Preference in tie bids awarded to a minority owned business.

"Minority business enterprise" means any small business domiciled in Florida, and which at least 51 percent is owned by minority persons who are members of an insular group that is of a particular racial, ethnic, or gender makeup or national origin which has been subjected historically to disparate treatment . (Florida Statute, Title XIX, §288.703).

GEORGIA:

Georgia Code, Title 30, §30-2-4 (Lexis 1999) - All departments, subdivisions, and institutions of the State of Georgia are directed to give preference in purchases of goods manufactured at the Georgia Industries for the Blind.

Georgia Code Annotated, §50-5-60 (Lexis 1999) - Preference in tie bids in the purchase and contracting of supplies, materials, equipment manufactured and printing produced in Georgia.

Preference in all cases shall be given to surplus products or articles manufactured or produced by other state departments, institutions, or agencies.

Reciprocal preference applied in favor of vendors resident in the State of Georgia or Georgia businesses.

Georgia Code Annotated, §50-5-60.4 (Lexis 1999) - Preference given to Georgia compost and mulch to use in road building, land maintenance, and land development activities.

Georgia Code Annotated, §50-5-61 (Lexis 1999) - Preference in tie bids for supplies, materials, agricultural products and printing produced in Georgia.

HAWAII:

Hawaii Revised Statutes, Title 9, §103D-1002 (Lexis 1999) -- Preference of three percent (3%) for Class I Hawaii products that have 25 percent to 49 percent of their manufactured cost in Hawaii; preference of five percent for Class II Hawaii products that have 50 percent to 74 percent of their manufactured cost in Hawaii; and a preference of 10 percent for Class III Hawaii products that have 75 percent or more of their manufactured cost in Hawaii. Hawaii products mean products that are mined, excavated, produced, manufactured, raised, or grown in the state where the input constitutes no less than twenty-five percent of the manufactured cost. (H.R.S., §103D-1001)

Weils Code of Hawaii Rules, Title 3, Chapter 124, §3-124-5 (Lexis 2000) - Should the price comparison for bids, after all applicable preferences are taken into consideration, result in identical total prices award shall be made to the offeror offering a registered Hawaii (Class I, II or III) product in preference to a non-Hawaii product.

Hawaii Revised Statutes, Title 9, §103D-1003 (Lexis 1999) and Weils Code of Hawaii Rules, Title 3, Chapter 124, §3-124-10 (Lexis 2000) - Preference of 15 percent is awarded to contracts in which all work will be performed in the State of Hawaii for printing, binding or stationery, including all preparatory work, presswork, bindery work, and any other production-related work.

Hawaii Revised Statutes, Title 9, §103D-1004 (Lexis 1999) - Reciprocal preference against bidders from those states that apply preferences. The amount of the reciprocal preference shall be equal to the amount by which the non-resident preference exceeds any preference applied by the State of Hawaii.

Hawaii Revised Statutes, Title 9, §103D-1005 (Lexis 1999) - Preference given to products containing recycled material. Purchase specifications shall include but not be limited to paper, paper products, glass and glass-by-products, plastic products, mulch and soil amendments, tires, batteries, oil, paving materials and base, subbase, and pervious backfill materials.

Weils Code of Hawaii Rules, Title 3, Chapter 124, §3-124-24(a) (Lexis 2000) Preference of five percent given to recycled products only when purchase does not specify only recycled products and when non-recycled products are offered.

Hawaii Revised Statutes, §103D-1006 (Lexis 1999) - Preference is awarded in tie bids for software development to Hawaii software development businesses.

Weils Code of Hawaii Rules, Title 3, Chapter 124, §3-124-34(a) (Lexis 2000) - Price preference of 10 percent applied to Hawaii software development businesses.

Weils Code of Hawaii Rules, Title 3, Chapter 124, §3-124-31 (Lexis 2000) - Definitions. "Hawaii software development business" means any person, agency, corporation, or other business entity with its principal place of business or ancillary headquarters located in the State of Hawaii and which proposes to obtain 80 percent of the labor for software development from persons domiciled in Hawaii.

Weils Code of Hawaii Rules, Title 3, Chapter 124, §3-124-25(e) (Lexis 2000) - After all preferences are applied to recycled products, and the price comparison, after taking into consideration all applicable preferences, results in identical evaluated prices, award shall be made to the offeror offering the product with the higher post-consumer recovered material content; or the product with the higher recovered material content if the products have identical post-consumer recovered material content.

Hawaii Revised Statutes, Title 9, §103D-1007 (Lexis 1999) - Preference of seven percent on bids for public works project contracts given to a bidder who has filed all state tax returns due to the State of Hawaii and paid all amounts owing on such returns for two successive years prior to submitting the bid and if the amount of the bid is $5,000,000.00 or less; and a preference of seven percent to a bidder who has filed all state tax returns due to the State of Hawaii and paid all amounts owing on such returns for four successive years prior to submitting the bid and the amount of the bid is more than $5,000,000.00.

Weil's Code of Hawaii Rules, Title 3, Chapter 124, §3-124-44(a) (Lexis 2000) - Preference of seven percent for in-state contractors bidding on public works contracts.

Hawaii Revised Statutes, Title 9, §103D-1304 (Lexis 1999) - Affirmative program to include description of the preference for recycled oil products in soliciting bids from suppliers and vendors.

Hawaii Revised Statutes, Title 19, §342G-41 (Lexis 1999) - Preference in state and county public agencies to purchase products made from recycled materials, that are themselves recyclable, and that are designed for durability

IDAHO:

Idaho Code, Title 60, §60-101 (Lexis 1999) -- Preference for all printing, binding, engraving and stationery work to be executed within the State of Idaho, except as provided in §60-103 of the Idaho Code.

Idaho Code, Title 60, §60-103 (Lexis 1999) - Preference of 10 percent awarded to a person, firm or corporation proposing to execute printing, engraving, binding, and stationery work in the State of Idaho.

Idaho Code, Title 67, §67-2348 (Lexis 1999) - Reciprocal preference applied in favor of Idaho domiciled contractors on public works contracts.

Idaho Code, Title 67, §67-2349 (H.B. 572, 55th Idaho Leg. Session, 2000) - Reciprocal preference in for the purchase of any materials, supplies, services or equipment awarded to a responsible bidder domiciled in Idaho. Any bidder domiciled outside the boundaries of the State of Idaho may be considered an Idaho domiciled bidder provided that for a period of the year the bidder maintain in Idaho fully staffed offices, or fully staffed sales offices or divisions, or fully staffed sales outlets, or manufacturing facilities, or warehouses or other necessary related property; and if a corporation be registered and licensed to do business in the Sate of Idaho.

In the evaluation of paper product bids, those items that meet recycled content standards may be given not more than a five percent (5%) purchasing preference.

Idaho Code, Title 67, §67-5718 (Lexis 1999) - Preference in tie bids for property purchased in excess of $25,000.00 or procured at $1,000.00 per month to be awarded to bidders having property of local and domestic production and manufacture, or bidders having a significant Idaho economic presence.

ILLINOIS:

Illinois Compiled Statutes Annotated, 30 ILCS 500/45-10 (Lexis 2000) - Reciprocal Preference - When a contract is to be awarded to the lowest responsible bidder, a resident bidder is allowed a preference as against a non-resident bidder from any state that gives or requires a preference to bidders from that state.

A resident bidder is defined as a bidder who is a person or foreign corporation authorized to transact business in the State of Illinois and has a bona fide establishment for transacting business within the State of Illinois.

Illinois Administrative Code, 44 Ill. Admin. Code §500.1110 (Lexis 2000) - Resident Vendor Preference - A preference in tie bids is awarded to Illinois resident bidders.

Illinois Compiled Statutes Annotated, 30 ILCS 500/45-20 (Lexis 2000) - A preference of ten percent (10%) is awarded to a bidder who can fulfill a contract through the use of products made of recycled materials.

Illinois Administrative Code, 44 Ill. Admin. Code §500.1130 (Lexis 2000) - Recycled Materials - A preference of ten (10%) percent is awarded to a qualified bidder with products made of recycled materials.

Illinois Compiled Statutes Annotated, 30 ILCS 500/45-30 (Lexis 2000) - Illinois purchasing agencies are to give preference to articles, materials, services, food stuffs, and supplies produced or manufactured by persons confined to the Department of Corrections.

Illinois Administrative Code, 44 Ill. Admin. Code §526.4530 (Lexis 2000) - Preference is given for supplies or services made available from Correctional Industries for procurements by public institutions of higher education.

Illinois Compiled Statute Annotated, 30 ILCS §500/45-35 (1999) - Preference to procure, without advertising bids, supplies and services from Illinois Sheltered workshops for the severely handicapped.

Illinois Compiled Statutes Annotated, 30 ILCS 500/45-50 (Lexis 2000) - A preference is awarded to a bidder for the use of agricultural products grown in Illinois.

Illinois Compiled Statutes Annotated, 30 ILCS 500/45-55 (Lexis 2000) - A preference is awarded to a bidder, in contracts requiring the procurement of plastic products, who fulfill the contract through the use of plastic products made from Illinois corn by-products.

Illinois Compiled Statutes Annotated, 30 ILCS §500/45-60 (Lexis 2000) - Preference to award contract for vehicles to a bidder or offerer who will fulfill the contract through the use of vehicles powered by ethanol produced from Illinois corn or bio diesel fuels produced from Illinois soybeans.

Illinois Administrative Code, 44 Ill. Admin. Code §1.4535 (Lexis 2000) - Preference is given to articles, materials, services, food stuffs and supplies that are produced or manufactured by persons with disabilities in state use sheltered workshops.

Illinois Compiled Statutes Annotated, 30 ILCS §520/2 (Lexis 2000) - Preference given to vendors in those states whose preference laws do not prohibit the purchase by the public institutions of commodities grown or produced in Illinois. Applies to all Illinois state agencies. The term "institution" means all institutions maintained by the State of Illinois or any political subdivision thereof or municipal corporation therein, including municipally-owned public utility plants. (30 ILCS §520/1)

Illinois Compiled Statutes Annotated, 30 ILCS §555/1 (Lexis 200) Every institution in the State of Illinois is required to give a 10 percent preference to the cost of coal mined in the State of Illinois if used as fuel. The term "institution" means all institutions maintained by the State of Illinois or any political subdivision thereof or municipal corporation therein, including municipally-owned public utility plants. (30 ILCS §555/2)

Illinois Compiled Statutes Annotated, 30 ILCS §565/2 (Lexis 2000) - Preference for steel products produced in the United States in all contracts for construction, reconstruction, repair, improvement or maintenance of public works. "Steel products" means products rolled, formed, shaped, drawn, extruded, forged, cast, fabricated, or otherwise similarly processed, or processed by a combination of two or more such operations, from steel made in the United States by the open hearth, basic oxygen, electric furnace, Bessemer or other steel making process. (30 ILCS §565/3)

Illinois Administrative Code, 44 Ill. Admin. Code §1120.4510 (Lexis 2000) - Preference for Illinois resident vendor in tie bids. An Illinois resident vendor who would perform the services or provide the supplies from another state, or produces or performs at least 51% of the goods or services in another state, will be considered a resident of the other state as against an Illinois resident vendor who performs the services or provides the supplies from Illinois. Reciprocal preference is applied against vendors considered residents of another state if the state has an in-state preference.

INDIANA:

Burns Indiana Statutes Annotated, Title 5, Chapter 15, §5-22-15-16 (Lexis 2000) - A price preference of not less than ten percent (10%) or more than fifteen percent (15%) may be awarded for the purchase of supplies that contain recycled materials or post-consumer materials.

Burns Indiana Statutes Annotated, Title 5, Chapter 15, §5-22-15-18 (Lexis 2000) - Preference of 10 percent for soybean oil based ink.

Burns Indiana Statutes Annotated, Title 5, Chapter 15, §5-22-15-19(Lexis 2000) Preference of 10 percent for the purchase of fuel that is at least 20% soy diesel/bio diesel by volume. "Soy diesel/bio diesel" includes fuels (other than alcohol) that are primarily esters derived from biological materials, including oil seeds and animal fats, for use in compression and ignition engines.

Burns Indiana Statutes Annotated, Title 5, Chapter 15, §5-22-15-20- (Lexis 2000) - A purchasing preference may be awarded by a governmental body to an Indiana business. Reciprocal preference is applied in favor of Indiana businesses.

Burns Indiana Statutes Annotated, Title 5, Chapter 15, §5-22-15-21- (Lexis 2000) - A preference for governmental bodies to purchase supplies manufactured in the United States.

Burns Indiana Statutes Annotated, Title 5, Chapter 15, §5-22-15-22 (Lexis 2000) - Preference applied for coal mined in Indiana when purchasing coal for fuel. The preference does not apply if federal law requires the use of low sulphur coal in the circumstances for which the coal is purchased and does not apply to the Indiana State Lottery Commission.

Burns Indiana Statutes Annotated, Title 5, Chapter 15, §5-22-15-23(Lexis 2000) - A preference of fifteen percent (15%) is awarded to an Indiana small business.

IOWA:

Code of Iowa, Title 1, Chapter 18, §18.6 (Lexis 1999) - Preference in tie bids for equipment, supplies or services to be awarded to Iowa products and purchases from Iowa based businesses. Reciprocal preference shall be applied against states that mandate a percentage preference for the purchase of equipment, supplies, or services.

Code of Iowa, Title 1, Chapter 18, §18.22 (Iowa Senate File 2249 (1999)) - State agencies to give preference to purchasing Bio-Based hydraulic fluids, greases, and other industrial lubricants manufactured from soybean.

"Bio-Based hydraulic fluids, greases, and other industrial lubricants" contain a minimum of fifty-one percent (51%) soybean oil, or if defined by the Department of Agriculture, shall have the same meaning as defined by the Department of Agriculture.

"Other Industrial Lubricants" means lubricants used or applied to machinery.

Code of Iowa, Title II, Chapter 73, §73.6 (Lexis 1999) - Preference for the purchase of coal that is mined or produced within the State of Iowa by producers who are complying with all the workers' compensation and mining laws of the state.

Code of Iowa, Title 1, Chapter 73, §73.16 (Lexis 1999) - A preference of ten percent (10%) is awarded to certified targeted small businesses for the procurement of goods and services, including construction, but not including utility services.

Code of Iowa, Title II, Chapter 73, §73A.21 (Lexis 1999) - Reciprocal preference is applied by Iowa state agencies and political subdivisions in public improvement contracts. The reciprocal preference is applied against a nonresident bidder from a state or foreign country which gives or requires a preference to bidders from that state or foreign country.

Public improvement means a building or other construction work which includes road construction, reconstruction and maintenance projects. (See Iowa Code, Chapter 73, §73A.1)

Resident bidder means a person authorized to transact business in the state of Iowa and who has a place of business for transacting business within the state at which it has conducted business for at least six months . Fifty one percent (51%) of the resident bidder's common stock has to be owned by residents of Iowa.

KANSAS:

Kansas Statutes Annotated, §75-3740 (Lexis 1999) - Preference in tie bids awarded to bidder within the State of Kansas. In bids for paper products, preference is given to the bidder whose paper products contain the highest percentage of recyclable materials. Reciprocal preference is applied in awarding of any contract for construction of a building or the making of repairs or improvements upon any building for a state agency.

Kansas Statutes Annotated, §75-3740a (Lexis 1999) - Reciprocal preference is applied against a contractor domiciled outside of the State of Kansas for contracts for the erection, construction, alteration, repair or addition to any public building or structure; or for any purchase of goods, merchandise, materials, supplies or equipment of any kind.

Kansas Statutes Annotated, §75-3740b (Lexis 1999) - Preference to bidder for newsprint or high grade bleached printing or writing paper containing not less than 50 percent waste paper by weight.

KENTUCKY:

Kentucky Revised Statutes, Title VI, §45A.470 (Lexis 1998) - Preference for all governmental bodies and political subdivisions of the State of Kentucky to purchase commodities or services from the Kentucky Department of Corrections. Second preference given to the Kentucky Industries for the blind.

Kentucky Revised Statutes, Title VI, §45A.520 (Lexis 1998) - Preference for recycled materials. State agencies are required to provide minimum recycled material content equal to those established by the United States Environmental Protection Agency for purchasing goods, supplies, equipment, materials, and printing.

Kentucky Revised Statutes, Title VII, §56.005 (Lexis 1998) - Preference for composted materials collected at Kentucky state and local facilities, to be used by state agencies for projects including, but not limited to, roadway construction, reconstruction, or maintenance, restoration of sites including abandoned mine lands reclamation, stream bank stabilization, and reforestation.

Kentucky Revised Statutes, Title XVII, §197.210 (2000 Ky. H.B. 95) - Preference to purchase products made by Kentucky prison industries.

LOUISIANA:

Louisiana Revised Statutes, Title 30, §30:2415 (Lexis 2000) - Preference for state agencies in Louisiana to purchase recycled paper and paper products, tissue and paper towels.

"Recycled paper product" means all paper and woodpulp products which contain the recommended minimum content standards specified in the guidelines as adopted by the Environmental Protection Agency under the Resource Conservation and Recovery Act of 1976 (Public Law 94-580, 42 U.S.C. 6901 et seq.), as amended, and which are specified in the rules and regulations promulgated by the secretary of the Department of Environmental Quality pursuant to R.S. 30:2415.4, except that high grade bleach printing and writing papers defined in such guidelines, rules, and regulations shall contain a minimum of fifty percent recovered paper or twenty percent recovered post-consumer fiber by fiber weight. (La. R.S. 30:2412)

A preference of up to five percent (5%) is allowed for the purchase of products with recycled content, provided that such products are either manufactured in Louisiana or contain recovered materials diverted or removed from the solid waste stream which otherwise would go into a Louisiana landfill.

Louisiana Revised Statutes, Title 30, §30:2417 (Lexis 2000) - When purchasing lubricating oils, a purchasing agent for any agency, of the State of Louisiana is to give preference of five percent to rerefined oil which meets manufacturer's warranty, and the product of which contains at least twenty-five percent rerefined oil.

Louisiana Revised Statutes, Title 38, §38:2184 (Lexis 2000) - Preference given to supplies material, or equipment produced or offered by Louisiana citizens.

Louisiana Revised Statutes , Title 38, §38:2225 (Lexis 2000) - Reciprocal preference against nonresident contractors in public works contracts.

Louisiana Revised Statutes, Title 38, §38:2251 (2000 H.B. 102) -- A ten percent (10%) preference is applied for products assembled, processed, produced or manufactured in Louisiana.

A ten percent (10%) preference is applied for processed meat, meat products, domesticated catfish and produce grown outside of the State of Louisiana, but processed in the State of Louisiana.

A ten percent (10%) preference is applied for produce processed in Louisiana but grown outside Louisiana

A ten percent (10%) preference is applied for purchasing Louisiana products that include materials supplies and equipment. "Louisiana products" means products that are manufactured, processed, produced, or assembled in Louisiana.

Louisiana Revised Statutes, Title 38, §38:2251.1 (Lexis 2000) - A ten percent (10%) preference for milk and dairy products produced or processed in Louisiana.

Louisiana Revised Statutes, Title 38, §38:2251.2 (Lexis 2000) -- A ten percent (10%) preference for steel rolled in Louisiana.

Louisiana Revised Statutes, Title 38, §38:2253 (Lexis 2000) -- Preference in tie bids awarded to firms doing business in the State of Louisiana.

Louisiana Revised Statutes, Title 39, §39:1595 (2000 H.B. 102) - Preferences only apply to bidders whose Louisiana business workforce is comprised of a minimum of fifty percent of Louisiana residents. A preference of ten percent (10%) is applied for products produced, manufactured, assembled, grown or harvested in Louisiana; a preference of ten percent (10%) is applied for meat and meat products and domesticated catfish processed in Louisiana; a preference of ten percent (10%) is applied for eggs or crawfish processed in Louisiana;

Louisiana Revised Statutes, Title 39, §39:1595.1 (Lexis 2000) - Reciprocal preference in favor of contractors domiciled in Louisiana is awarded in contracts, except contracts for the construction, maintenance, or repair of highways and streets.

Louisiana Revised Statutes, Title 39, §39:1595.2 (Lexis 2000) - Reciprocal preference in favor of contractors domiciled in Louisiana is awarded in public works contracts.

Louisiana Revised Statutes, Title 39, §39:1595.3 (2000 H.B. 102) - A ten percent (10%) preference is awarded to resident vendors to organize or administer rodeos and livestock shows.

Louisiana Revised Statutes, Title 39, §39:1595.5 (2000 H.B. 102) - A ten percent (10%) preference is awarded for items purchased from a retail dealer located in the state of Louisiana.

Louisiana Revised Statutes, Title 39, §39:1595.6 (Lexis 2000) - A ten percent (10%) percent preference is applied for purchasing steel rolled in Louisiana.

Louisiana Revised Statutes, Title 39, §39:1733 (Lexis 2000) - Set aside for awarding to small businesses an amount not to exceed 10 percent of the value of anticipated total state procurement of goods and services, excluding construction.

MAINE:

Maine Revised Statutes Annotated Title 5, §1812-B (Lexis 1999 ) - Preference of 10 percent to bidders offering paper or paper products with recycled material content.

Maine Revised Statutes Annotated, Title 5, §1825-B (Lexis 1999) - Preference in tie bids to award contracts to in-state bidders or to bidders offering commodities produced or manufactured in the State of Maine. Reciprocal preference applied in favor of Maine businesses.

Maine Revised Statutes Annotated, Title 5, §1826-C (1999 Me. House Proposal 1628) - Preference for products and services from work centers. Second preference given to purchases from the Department of Corrections if no bid is received from a work center.

"Work center" means a program that provides vocational rehabilitation services to individuals with disabilities to enable those individuals to maximize their opportunities for employment, including career advancement. (M.R.S. 1826-B)

Maine Revised Statutes Annotated Title 26, §1301 (Lexis 1999) - Preference in tie bids awarded to workmen and bidders who are residents of the State of Maine for contracts that are greater than $1,000 for constructing, altering, repairing, furnishing or equipping its buildings or public works.

MARYLAND:

Annotated Code of Maryland, Article 24, Title 8, §8-102 (Lexis 1999) - Preference in tie bids awarded to a Maryland firm. "Maryland firm" means a business entity that has its principal office in the State of Maryland.

Annotated Code of Maryland, State Finance and Procurement Code, §14-206 (Lexis 1999) - Up to a five percent (5%) preference applied to a small business. Percentage preference may vary among industries to account for their particular characteristics. "Small business" preference means a purchase request for which bids are invited from a list of qualified bidders that includes small businesses. (Md. State Finance and Procurement Code, §14-201)

Annotated Code of Maryland, State Finance and Procurement Code, §14-401 (Lexis 1999) - Reciprocal preference for resident bidders in procurement contracts.

Annotated Code of Maryland, State Finance and Procurement Code, §14-404 (Lexis 1999) - Preference for the use of Maryland coal in the design of a heating system for a building or facility in which the State of Maryland provides at least 50 percent of the money for construction of the building or facility.

Annotated Code of Maryland, State Finance and Procurement Code, §14-405 (Lexis 1999) - Preference, not to exceed five percent (5%), for the purchase of products made from recycled materials. "Recycled materials" means material recovered from or otherwise destined for the waste stream. Recycled materials includes post-consumer material, industrial scrap material, compost and obsolete inventories.

MASSACHUSETTS:

Massachusetts General Laws Annotated, Chapter 7, §22 (Lexis 2000) - Preference in tie bids for supplies and materials manufactured and sold within the State of Massachusetts. An additional preference may be applied for supplies and materials manufactured and sold in cities and towns of Massachusetts that are designated as depressed areas as defined by the Department of Labor of the United States.

Massachusetts General Laws Annotated, Chapter 149, §179A (Lexis 2000) -- Preference in tie bids to U.S. citizens in awarding of public work contracts.

MICHIGAN:

Michigan Statutes Annotated, Title 3, §3.516(261) (Lexis 1999) - Preference in tie bids for services or products manufactured by Michigan-based firms.

Michigan Statutes Annotated, Title 3, §3.516(268) (Lexis 1999) - Reciprocal preference in favor of Michigan business applied in procurements in excess of $100,000.

Michigan Statutes Annotated, Title 3, §3.405(6) (Lexis 1999) - Preference in tie bids for the purchase of fish harvested in the waters of the State of Michigan.

Michigan Statutes Annotated, Title 4, §4.315 (Lexis 1999) - Printing paid wholly or in part with state funds must be printed within the State of Michigan. Firms must use the allied printing trades council union label.

MINNESOTA:

Minnesota Statutes Annotated, §16B.121 and §16B.122, Subd. 3 (Lexis 1999) - Preference of ten percent (10%) for the purchase of recycled materials.

Minnesota Statutes, Annotated, §16C.16 (Lexis 1999) - Set-aside of at least twenty-five percent (25%) of total state procurement of goods and services, including printing and construction to be awarded to small businesses. Small businesses are to have their principal place of business in Minnesota.

A preference of up to six percent (6%) is to be applied to small targeted group businesses. Small targeted group businesses are majority owned and operated by women, persons with a substantial physical disability, or specific minority groups.

MISSISSIPPI:

Mississippi Code 1972 Annotated, §31-3-21 (Lexis 2000) - Preference in tie bids given to resident bidders of the State of Mississippi for public contracts; and reciprocal preference in favor of in-state bidders for public contracts.

Mississippi Code 1972 Annotated, §31-5-23 (Lexis 2000) - In the construction of any building, highway, road, bridge or other public work or improvement a preference is awarded in tie bids for the use of only materials grown, produced, prepared, made and or manufactured within the State of Mississippi. The paint, varnish and turpentine used in construction are to be produced in Mississippi.

Mississippi Code 1972 Annotated, §31-7-15 (Lexis 2000) - Preference in tie bids given to resident bidders of the State of Mississippi for commodities grown, processed or manufactured within the State of Mississippi. Preference of 10 percent for products made of recovered materials. "Recovered materials" means those materials having known recycling potential, which can be feasibly recycled and have been diverted or removed from the waste stream for sale, use or reuse, by separation, collection or processing. (Miss. Code Ann. §49-31-9)

Mississippi Code 1972 Annotated, §31-7-47 (Lexis 2000) - Preference in tie bids given to resident bidders of the State of Mississippi in the letting of public contracts, and reciprocal preference when awarding public contracts to out-of-state bidders.

Mississippi Code 1972 Annotated, §73-13-45 (Lexis 2000) {Repealed effective December 31, 2004} - Preference in tie bids given to resident contractors of the State of Mississippi for professional engineering services; and reciprocal preference when awarding to out-of-state contractors for professional engineering services.

MISSOURI:

Missouri Revised Statutes, Title II, §8.280 (Lexis 1999) - Preference to use products from the mines, forests, and quarries of the State of Missouri with the construction or repair of public buildings. Preference is also given for using Missouri materials and labor.

Missouri Revised Statutes, Title IV, §34.031 (Lexis 1999) - Preference in tie bids for the purchase of products made from materials recovered from solid waste. Particular emphasis is given to recycled oil, retread tires, compost materials, and recycled paper products.

The minimum percentage of recycled paper in paper products is as follows: Forty percent (40%) recovered materials from newsprint, eighty percent (80%) recovered materials for paperboard; fifty percent waste paper in high grade printing and writing paper; and five (5%) to forty percent (40%) in tissue products.

Missouri Revised Statutes, Title IV, §34.060 (Lexis 1999) - Preference to be given to materials, products, supplies, provisions, and all other articles produced or manufactured, made or grown within the State of Missouri.

Missouri Revised Statutes, Title IV, §34.070 (Lexis 1999) - Preference in tie bids to all commodities manufactured, mined, produced or grown within the state of Missouri and to all firms, corporations or individuals doing business as Missouri firms, corporations or individuals.

Missouri Revised Statutes, Title IV, §34.073 (Lexis 1999) - Preference in tie bids for the performance of any job or service given to bidders doing business as Missouri firms, corporations or individuals, or which maintain Missouri offices or places of business.

Missouri Revised Statutes, Title IV, §34.076 (1999) - Reciprocal preference awarded to a bidder or contractor domiciled in Missouri for products and for public works contracts, except for contracts for highways and public transportation.

Missouri Revised Statutes, Title IV, §34.080 (Lexis 1999) - Preference in tie bids for the purchase of coal mined in the State of Missouri to be used by any institution supported in whole or in part by public funds of the state. Institutions do not include municipal corporations, political subdivisions or public schools.

Missouri Revised Statutes Title IV, §34.090 (Lexis 1999) - Preference is given to any products manufactured by any institution of the state of Missouri.

Missouri Revised Statutes, Title IV, §34.165 (Lexis 1999) - Preference of five bonus points awarded for products or services manufactured, produced or assembled in qualified nonprofit organizations for the blind.

MONTANA:

Montana Code Annotated, §18-1-102 (Lexis 1999) - Reciprocal preference in favor of Montana businesses for public contracts for the purchase of goods and for construction, repair and public works of all kinds.

A preference of three percent (3%) awarded to resident bidders over the lowest responsible bid from a nonresident bidder for a public contract to purchase goods.

A preference of five percent (5%) is awarded to a resident bidder offering goods Montana-made over the lowest responsible bid from a nonresident bidder.

A preference of three percent (3%) is awarded to a resident bidder offering Montana-made goods over the lowest responsible bid from a resident bidder offering good not made in Montana.

Combined preference shall not exceed five percent. The word "resident" includes actual residence of an individual within the state of Montana for a period of more than one year immediately prior to bidding.

Montana Code Annotated, §18-1-111 (Lexis 1999) - A preference in tie bids is awarded for articles of local and domestic production and manufacture where both the bids and quality of goods offered are the same.

A preference is awarded to a resident bidder over a nonresident bidder in tie bids where both the bids and quality of goods offered are the same.

Montana Code Annotated, §18-7-107 (Lexis 1999) - Preference of eight percent (8%) is awarded to a resident bidder for all printing, binding and stationery work that is printed in the State of Montana.

NEBRASKA:

Nebraska Revised Statutes, §73-101.01 (Lexis 2000) - Reciprocal preference in favor of Nebraska business in the letting of a public contracts for road contract work or any public improvements work, or for supplies, construction, repairs and improvements. (See Nebraska R.S., §73-101)

Nebraska Revised Statutes, §81-15-159 (Lexis 2000) - Preference to purchase products, materials and supplies which are manufactured or produced from recycled material or which can be ready reused or recycled after their normal use. Preference to purchase corn-based biodegradable plastics and road deicers when available, suitable, of adequate quality, unless at a substantially higher cost.

NEVADA:

Nevada Revised Statutes, Title 27, §333.300 (Lexis 2000) - Preference in tie bids to Nevada businesses for the purchase of supplies, materials and equipment; preference in tie bids with nonresident bidders awarded to bidder who will furnish goods or commodities produced or manufactured in the State of Nevada, or to the bidder who will furnish goods or commodities supplied by a dealer in the State of Nevada.

Nevada Revised Statutes, Title 27, §333.410 (Lexis 2000) - Preference is awarded to state institutions who use the labor of inmates to supply commodities or services.

Nevada Revised Statutes, Title 27, §333.4606 (Lexis 2000) - Preference for recycled products in tie bids for the purchase of goods and products; preference of five percent to recycled products over comparable nonrecycled products in the purchase of goods and products; preference of 10 percent to a bidder who manufactures a product in Nevada in which at least 50 percent of the weight of the product is post-consumer waste (a finished material which would normally be disposed of as a solid waste having completed its life cycle as a consumer item).

Nevada Revised Statutes, Title 27, §333.4609 (Lexis 2000) - Preference in tie bids for the purchase of recycled paper products.

NEW HAMPSHIRE:

New Hampshire Revised Statutes, Title I, §21-1:14-a (Lexis 1999) - Printing and writing paper purchased by or for state agencies is to contain not less than 30 percent post consumer waste material.

NEW JERSEY:

New Jersey Statutes Annotated, §13:1E-99.24 (Lexis 2000) - Preference given to the purchase of products made from recycled paper or recycled paper products with the highest percentage of post-consumer waste material.

New Jersey Statutes Annotated, §13:1E-99.25 (Lexis 2000.) - Preference of 10 percent for the purchase of items which are manufactured or produced from recycled paper or recycled paper products. Up to a 15 percent preference may be for recycled paper or recycled paper products when it is determined to be in the best interest of the State of New Jersey.

New Jersey Statutes Annotated, §13:1E-99.27 (Lexis 2000) - Not less than 65 percent of the total dollar amount of paper or paper products purchased by the State is to be made from recycled paper or recycled paper products having a total weight consisting of not less than 50 percent secondary waste paper material and with not less than 25 percent of its total weight consisting of post-consumer waste material; except that high-grade office paper, fine paper, bond paper, offset paper, xerographic paper, mimeo paper and duplicator paper is to be made from recycled paper having a total weight consisting of not less than 50% secondary waste paper material and with not less than 15 percent of its total weight consisting of post-consumer waste material.

New Jersey Statutes Annotated, §13:1E-99.27a (Lexis 2000) - Preference of 15 percent for nonpaper finished products or supplies made from recycled material.

New Jersey Statutes Annotated, §52:32-1 (Lexis 2000) - Preference to use manufactured and farm products of the United States in all contracts for state work which the state pays any part of the cost.

New Jersey Statutes Annotated, §52:32-1.4 (Lexis 2000) - Reciprocal preference in contracts for goods and services.

New Jersey Statutes Annotated, §52:34-23 (Lexis 2000) The Division of Purchase and Property in the State of New Jersey to give preference for the purchase of items which are made whole or in part from recycled materials.

New Jersey Statutes Annotated, §52:34-24 (Lexis 2000) Preference for items made in whole or in part with the use of recycled materials whenever the price is reasonably competitive and the quality satisfactory.

NEW MEXICO:

New Mexico Statutes Annotated, §13-1-21 (Lexis 2000) - Preference of five percent (5%) to resident businesses and manufacturers; preference of five percent to resident manufacturers and resident businesses for the purchase of recycled content goods or virgin content goods; preference of ten (10%) percent to resident manufacturers and resident business for the purchase of both recycled content goods and virgin content goods.

"Resident business" means a New Mexico resident business or a New York state business enterprise.

"New Mexico resident business" means a business that is authorized to do and is doing business under the laws of the State of New Mexico that (1) maintains its principal place of business in the State of New Mexico; (2) has staffed an office and has paid applicable state taxes for two years prior to awarding of the bid; and (3) is an affiliate of a business that meets the requirements of (1) and (2). "Affiliate" means and entity that directly or indirectly through one or more intermediate controls, is controlled by or is under common control with the qualifying business through ownership of voting securities representing a majority of the total voting power of the entity.

"New York state business enterprise" means a business enterprise, including a sole proprietorship, partnership or corporation, that offers for sale or lease or other form of exchange, goods or commodities that are substantially manufactured, produced or assembled in New York state, or services, other than construction services, that are substantially performed within New York state.

New Mexico Statutes Annotated, §13-1-135.1 (Lexis 2000) - Preference to purchase recycled content goods. "Recycled content goods" means supplies and materials composed in whole or in part of recycled materials, provided that the recycled materials content meets or exceeds the minimum content standards required by bid specifications.

New Mexico Statutes Annotated, §13-1-188 (Lexis 2000) - Preference for state agencies to purchase cars and trucks assembled in North America.

New Mexico Statutes Annotated, §13-1-189 (Lexis 2000) - Preference to purchase personal property and services from correction industries if the bid price is not higher than comparable items of tangible personal property or services.

New Mexico Statutes Annotated, §13-4-1 (Lexis 2000) - Whenever practicable award is to be made to a resident contractor for public works contracts or for the repair, reconstruction, including highway reconstruction, demolition or alteration thereof.

New Mexico Statutes Annotated, §13-4-2 (Lexis 2000) - Preference of five percent (5%) to resident contractors for public works contracts. "Resident contractor" means a New Mexico resident business or a New York state business enterprise.

New Mexico Statutes Annotated, §13-4-5 (Lexis 2000) - Preference to be given to materials produced, grown, processed or manufactured in New Mexico by citizens or residents of New Mexico or provided or offered by a New York state business enterprise in contracting for materials to be used in the construction or maintenance of public works.

New Mexico Statutes Annotated, §13-4-7 (Lexis 2000) - Preference to use New Mexico timber in the construction or repair work of public buildings.

New Mexico Statutes Annotated, §63-9F-6 (Lexis 2000) - Preference of five percent (5%) awarded to any business that qualifies as a resident business for a telecommunications relay system that will enable impaired individuals to communicate with unimpaired individuals.

NEW YORK:

Consolidated Law of New York, State Finance Law, Article IX, §139.g (Lexis 1999) - State agencies that have let two million dollars in service contracts in a prior fiscal year are to give priority to purchases from small businesses. Small business means a business which is resident in the State of New York, independently owned and operated, not dominant in its field and employs one hundred or less persons (See State Finance Law, Article IX, §135-a)

Consolidated Law of New York, State Finance Law, Article XI, §162.a (Lexis 1999) - Preferred source status is given to New York State labeled wines in the procurement or purchase of wines by state agencies, public benefit corporations, commissions or political entities. New York State labeled wines are exempt from the competitive procurement statutes of New York.

Consolidated Law of New York, State Finance Law, Article XI, §165.1 (Lexis 1999) - Preference to purchase non-tropical hardwood species. "Non-tropical hardwood species" means any and all hardwood that grows in any geographically temperate regions, as defined by the United States Forest Service, and is similar to tropical hardwood in density, texture, grain stability, or durability. Non-tropical hardwoods include ash, basswood, beech, birch, butternut, cherry, cottonwood, elms, black gum, red gum, hackberry, hickory, maples, oaks, pecan, yellow poplar, sycamore, and black walnut.

Consolidated Law of New York, State Finance Law, Article XI, §165.3.a (Lexis 1999) - Preference of 10 percent for recycled products (a product manufactured from secondary materials). Preference of 15 percent for products in which fifty percent (50%) of the secondary materials utilized in the manufacture of the product are generated from the waste stream in New York State. "Secondary materials" means any material recovered from or otherwise destined for the waste stream, including, but not limited to post-consumer material, industrial scrap material and overstock or obsolete inventories from distributors, wholesalers and other companies. It does not include by-products generated from and commonly reused within an original manufacturing process. (Article XI, §165.1)

State Finance Law, Article XI, §165.4.a to .b (Lexis 1999) - Preference in the letting of contracts for food products grown, produced or harvested in the State of New York on behalf of facilities and institutions of the State of New York, who are authorized to purchase products locally. The Commissioner of General Services assisted by the Commissioner of Agriculture and Markets determine the percentage of each food product or class that must meet the requirements.

State Finance Law, Article XI, §165.6.a to .e (Lexis 1999) - Office of General Services may deny to non-resident vendors placement on bidders mailing lists and award of contracts for products and services that they would otherwise obtain if their principal place of business is located in a state that penalizes New York state vendors, and if the goods or services offered will be substantially produced or performed outside New York State.

New York state business enterprise, includes a sole proprietorship, partnership, or corporation, which offers for sale or lease or assembled in New York state, or services, other than construction services, which are substantially performed within New York state. For purposes of construction services, a New York State business enterprise means a business enterprise, including a sole proprietorship, partnership, or corporation that has its principal place of business in New York State.

NORTH CAROLINA:

General Statutes of North Carolina, §143-59 (Lexis 1999) - Preference in tie bids for foods, supplies, materials, equipment, printing or services manufactured or produced in North Carolina or furnished by or through citizens of North Carolina.

General Statutes of North Carolina, §143-128(f) (Lexis 1999) - The State of North Carolina has a ten percent (10%) goal for participation by minority businesses in the total value of public work contracts to erect, construct, alter or repair any buildings for the State of North Carolina. "Minority business" means a business in which at fifty-one percent (51%) of the stock is owned by one or more minority persons; and which the management of daily business operations are controlled by one or more of the minority persons who own it. "Minority person" means Black, Hispanic, Asian-American, American Indian or Alaskan Native, or Female.

General Statutes of North Carolina, §148-70 (Lexis 1999) - Preference for purchasing articles, products and commodities which are manufactured or produced by North Carolina's Department of Corrections prison system.

NORTH DAKOTA:

North Dakota Century Code, §44-08-01 (Lexis 2000) - Reciprocal preference, in favor for North Dakota business for the purchase of any goods, merchandise, supplies, equipment, and contracting to build or repair any building, structure, road, or other real property.

North Dakota Century Code, §46-02-15 (Lexis 2000) - Preference when practicable for all public printing, binding and blank book manufacturing, blanks, and other printed stationery, to be done in the State of North Dakota.

North Dakota Century Code, §48-02-10 (Lexis 2000) Preference in tie bids to purchase materials manufactured or produced within the State of North Dakota, and second, to purchase such as have been manufactured or produced in part in North Dakota for making alterations, repairs, additions, or erecting new public buildings.

North Dakota Century Code, §48-02-10.2 (Lexis 2000) - Preference in tie bids for furnishing materials, products and supplies which are found, produced, or manufactured within the State of North Dakota from native natural resources.

OHIO:

Ohio Revised Code Annotated Title 1, §125.09 (Anderson 2000) - Preference for United States and Ohio products. Vendors from border states who do not impose greater restrictions on Ohio bidders are treated as Ohio bidders. Also, bidders with a significant Ohio economic presence shall qualify for award of a contract on the same basis as if their products were produced in the State of Ohio

Ohio Revised Code Annotated Title 1, §125.11 (Anderson 2000) - Department of Administrative Services, prior to awarding a contract, will first remove from bids goods or supplies that are not produced or mined in the United States. From among the remaining bids, preference to be given to bidders with goods or supplies produced or mined in Ohio.

Ohio Revised Code Annotated Title 1, §125.56 (Anderson 2000) - All printing to be executed within the State of Ohio except for printing contracts requiring special, security paper. Preference of five percent to Ohio bidders in printing contracts requiring special, security paper.

Ohio Revised Code Annotated Title 1, §153.012 (Anderson 2000) - Reciprocal preference in favor of contractors who have their principal place of business in Ohio, for construction, public improvement, including highway improvement, contracts.

Ohio Administrative Code, Chapter 123:5-1, §123:5-1-09 (Anderson 1999) - State departments, boards, offices, commissions, agencies, institutions, the Ohio Supreme Court, all courts of appeal, and all courts of common pleas, may purchase recycled products when (1) the recycled product is substantially equivalent to the non-recycled product and is commercially available in sufficient quantities; (2) the recycled product is consistent and substantially equivalent to regulations pursuant to the "Resource Conservation and Recovery Act of 1976, Stat. 2806, 42 U.S.C.A 6921; and (3) when it is economically feasible. A five percent (5%) preference over the lowest price offered for non-recycled products is awarded to comparable recycled products.

OKLAHOMA:

Oklahoma Statutes, Title 61, §6 (Lexis 1999) - preference is given to materials mined, quarried, manufactured or procured within the State of Oklahoma, provided that the same can be procured at no greater expense than like material or materials of equal quality from without the state.

Oklahoma Statutes 1991 Title 61. §51 (Lexis 1999) - All agencies, boards, commissions, offices, institutions, or other governmental bodies of the State of Oklahoma are to give preference to purchasing goods and equipment manufactured or produced in the United States of America as determined pursuant to federal and state law, unless: (1) a foreign-made product is substantially cheaper and of equal quality; (2) a foreign-made product is of substantially superior quality to competing American products and is sold at a comparable price; or (3) a reciprocal trade agreement or treaty has been negotiated by the State of Oklahoma or by the United States government on behalf of or including the State of Oklahoma with a foreign nation or government for nondiscriminatory governmental procurement practices or policies with such foreign nation or government.

The state and any political subdivision may apply a preference of two and one-half percent (2 1/2 %) to the cost of goods and equipment manufactured or produced in the United States of America over foreign-made products; provided that such preferences shall not be for goods or equipment of inferior quality to those offered from outside the United States of America. This preference shall not be in addition to any other preference for which such goods or equipment may be eligible pursuant to law.

Oklahoma Statutes Title 74, §85.45c (Lexis 1999) - A maximum of five percent bid preference is awarded to minority business enterprises if the amount of funds expended on state contracts awarded to minority business enterprises is less than the ten percent (10%) goal.

Oklahoma Statutes Title 74, §85.53 (Lexis 1999) - Preference to purchase from suppliers of recycled paper products and products manufactured from recycled materials.

OREGON:

Oregon Revised Statutes, Title 26, §279.021 (Lexis 1997) - Preference for goods or services that have been manufactured or produced in the State of Oregon.

Oregon Revised Statutes, Title 26, §279.029, H.B. 2891, H.B. 2895, and S.B. 271, 70th Leg. (Lexis 1999) - Reciprocal preference in favor of Oregon businesses for public contracts. A resident bidder is a bidder who has paid unemployment taxes or income taxes in the State of Oregon for one year immediately preceding submission of the bid.

Oregon Revised Statutes, Title 26, §279.570 (Lexis 1997) - Preference of five percent (5%) for materials and supplies manufactured from recycled materials. "Recycled material" means any material that would otherwise be a useless, unwanted or discarded material except for the fact that the material still has useful physical or chemical properties after serving a specific purpose and can, therefore, be reused or recycled. (O.R.S. §279.545)

Oregon Revised Statutes, Title 26, §279.590 (Lexis 1997) - Preference of five percent (5%) to bidder whose oil products contain the greater percentage of recycled oil. "Recycled oil" means oil that has been prepared for reuse as a petroleum product by refining, rerefining, reclaiming, reprocessing or other means provided that the preparation or use is operationally safe, environmentally sound and complies with all laws and regulations. (O.R.S. §279.580)

Oregon Revised Statutes, Title 26, §279.621 (Lexis 1997) - Preference of twelve percent (12%) awarded to bidder or suppliers of recycled paper.

Oregon Revised Statutes, Title 26, §282.210 (Lexis 1997) - All printing, binding and stationery work for the state and political subdivisions to be performed in the State of Oregon

PENNSYLVANIA:

Pennsylvania Consolidated Statutes, Title 62, Chapter 1 §103 (Lexis 1999) Supplies means any property, including, but not limited to equipment, materials, printing, insurance and leases of an installment purchases of tangible or intangible personal property. The term does not include real property, leases of real property or alcoholic beverages or liquor purchased for resale by the Pennsylvania Liquor Control Board.

Pennsylvania Consolidated Statutes, Title 62, Chapter 1, §107 (Lexis 1999) - Reciprocal preference is applied against a nonresident bidder in the purchase, invitation for bids, or request for proposals, for procurement of supplies exceeding $10,000 to be given to those bidders offering supplies produced, manufactured, mined, brown, or performed in the State of Pennsylvania.

Reciprocal preference is applied against a nonresident bidder in the award of construction contracts, exceeding $10,000

Resident bidder or offeror means a person, partnership, corporation or other business entity authorized to transact business in the State of Pennsylvania and having a bona fide establishment for transacting business in the State of Pennsylvania.

Pennsylvania Consolidated Statutes, Title 62, Chapter 1, §108 (Lexis 1999) - Preference for supplies containing minimum percentage of recycled content.

Pennsylvania Administrative Code, Title 25, §272.226 (Lexis 2000) - Recyclable materials include clear glass, colored glass, aluminum, steel and bimetallic cans, high grade office paper, newsprint, corrugated paper, plastics, other marketable grades of paper and leaf waste.

RHODE ISLAND:

General Laws of Rhode Island, §37-2.2-3 (Lexis 2000) - Preference for the state to purchase articles made or manufactured and services provided by persons with disabilities in nonprofit rehabilitation facilities, or in profit making facilities where 75 percent of the employees are disabled.

General Laws of Rhode Island, §37-2-59.1 (Lexis 2000) - Preference in tie bids for professional contracts entirely supported by state funds to be awarded to architectural, engineering, and consulting firms with their place of business located in Rhode Island. Second preference in tie bids awarded to architectural, engineering, and consulting firms who propose a joint venture with a Rhode Island firm.

General Laws of Rhode Island, §37-2-76 (Lexis 2000) - 50% of the annual expenditure for office paper products purchased by the state of Rhode Island, its agencies, and departments shall be for recycled paper products.

General Laws of Rhode Island, §37-2-76.1 (Lexis 2000) - Recycled product means a product containing preconsumer content and post consumer content.

SOUTH CAROLINA:

Code Of Laws Of South Carolina Annotated, Title 11, Article 5, §11-35-1520 (Lexis 1999) Preference in tie bids for contracts amounting to $25,000 or more to be awarded first to a South Carolina firm; secondly to the bidder with South Carolina produced or manufactured products. Additional preferences are applied to ties among South Carolina firms.

Code Of Laws Of South Carolina Annotated, Title 11, Article 5, §11-35-1524 (Lexis 1999) Preference of seven percent (7%) provided to residents of South Carolina or whose products are made, manufactured, or grown in South Carolina. An addition three percent preference is awarded to a bidder who is both a resident of South Carolina and whose products are made, manufactured, or grown in South Carolina.

Code Of Laws Of South Carolina Annotated, Title 12, Article 13, §12-27-1320 and Article 29, §12-28-2930 (Lexis 1999) Set-asides of five percent (5%) of the total state source highway funds from gasoline and motor fuel taxes are to be expended to small business. Direct contracts with small business are for highway, bridge, and building construction and for building renovation contracts with estimated values of $250,000 or less. Small businesses are to be owned and controlled by socially and economically disadvantaged ethnic minorities and disadvantaged females.

Preference of 2.5% (two and one-half percent) awarded to South Carolina contractors in tie bids for highway, bridge, and building construction and building renovation contracts.

Code Of Laws Of South Carolina Annotated, Title 24, Article 3, §24-3-330 (Lexis 1999)- Preference for all offices, departments, institutions and agencies of South Carolina to purchase articles or products made or produced by convict labor in the State of South Carolina.

Code Of Laws Of South Carolina Annotated, Title 44, Article 1, §44-96-140 (Lexis 1999) - Preference for all state agencies or political subdivisions using state funds to procure products and materials with a recycled content. The State of South Carolina has 25% goal in their procurement policies to purchase products and materials with recycled content.

Code Of Laws Of South Carolina Annotated, Title 44, Article 1, §44-96-160 (Lexis 1999) - Preference for all state agencies, all political subdivisions using state funds to procure used oil materials and products where practicable.

SOUTH DAKOTA:

South Dakota Codified Laws Annotated, §5-19-1 and §5-19-2 (Lexis 2000) - Preference for materials, products and supplies which are found, produced or manufactured within the State of South Dakota.

South Dakota Codified Laws Annotated, §5-19-3 (Lexis 2000) - Reciprocal preference in favor of South Dakota businesses in contracts for public works or improvement, goods, merchandise, supplies, and equipment. Resident bidder is any person who has been a bona fide resident of the State of Dakota for one year or more immediately prior to bidding upon a contract. (S.D. Codified Laws, §5-19-4).

South Dakota Codified Laws Annotated, §5-20-2 (Lexis 2000) - Preference for the officials, boards and commissions and political subdivisions of the State of South Dakota to purchase goods and services, or custodial and maintenance services from qualified agencies of the state.

South Dakota Codified Laws Annotated, §5-23-13 (Lexis 2000) - Preference in tie bids to any person, firm, or corporation who has his or its principal place of business in the State of South Dakota and to goods manufactured in South Dakota.

South Dakota Codified Laws Annotated, §5-23-21.2 (Lexis 2000) - Reciprocal preference in favor of a resident bidder against a bidder from any state which enforces a preference for resident bidders is applied in state purchasing and printing contracts.

South Dakota Codified Laws Annotated, §5-23-45 (Lexis 2000) - Preference of ten percent (10%) applied to bids supplying recycled or starch-based materials.

TENNESSEE:

Tennessee Code Annotated, §12-3-808 (Lexis 1999) Preference in tie bids to purchase goods or services from small businesses and minority owned businesses.

"Minority business" means a business which is solely owned, or at least fifty-one percent (51%) of the assets or outstanding stock of which is owned, by an individual who personally manages and controls the daily operations of such business and who is impeded from normal entry into the economic mainstream because of (1) past practices of discrimination based on race, religion, ethnic background, or sex; (2) a disability; and (3) past practices of racial discrimination against African-Americans. (Tennessee Code, §12-3-802)

"Small business" means a business which is independently owned and operated, in accordance with the provisions of this part, and is not dominant in its field of operation. (Tennessee Code §12-3-802).

Tennessee Code Annotated, §12-3-809 (Lexis 1999) - Preference in tie bids to in-state meat producers by departments and agencies.

Tennessee Code Annotated, §12-3-810 (Lexis 1999) - Preference for public education institutions to purchase meat, meat food products or meat products from producers located within the State of Tennessee.

Tennessee Code Annotated, §12-3-811 (Lexis 1999) - Preference in tie bids to in-state coal mining companies.

Tennessee Code Annotated, §12-3-812 (Lexis 1999) - Preference in tie bids to in-state natural gas producers.

Tennessee Code Annotated, §12-4-802 (Lexis 1999) - Reciprocal preference allowed to residents of Tennessee, and residents of another state that do not have a preference in public construction contracts against another state that is contiguous to Tennessee and allows a preference to a resident contractor of that state.

Tennessee Code Annotated, §71-4-703 (Lexis 1999) - Preference to purchase all services or commodities that are available and certified by the Board of Standards from qualified nonprofit work centers for the blind or agencies serving individuals with severe disabilities.

TEXAS:

Texas Codes Annotated, Government Code Annotated, Title 4, §466.106 (Lexis 2000) - Preference in tie bids for lottery equipment or supplies produced in the State of Texas or services or advertising offered by a bidder from the State of Texas. If bidders from the State of Texas are not equal in cost and quality, then lottery equipment or supplies produced in another state or services or advertising offered by a bidder from another state shall be given preference over foreign equipment, supplies, services, or advertising.

Texas Codes Annotated, Government Code, §497.024 (Lexis 2000) - Preference for state agencies to purchase prison-made articles or products.

Texas Codes Annotated, Government Code Annotated, Title 10, Subtitle D, §2155.441 (Lexis 2000) - Preference for products from workshops, organizations, or corporations whose primary purpose is training and employing individuals having mental retardation or a physical disability if they meet state specifications.

Texas Codes Annotated, Government Code Annotated, Title 10, Subtitle D, §2155.442 (Lexis 2000) - Preference in tie bids given to bidders with energy efficient products.

Texas Codes Annotated, Government Code Annotated, Title 10, Subtitle D, §2155.443 (Lexis 2000) Preference to bidders of rubberized asphalt paving made from scrap tires by a facility located in the State of Texas if the cost as determined by a life-cycle cost benefit analysis does not exceed by more than 15 percent the bid cost of alternative paving materials.

Texas Codes Annotated, Government Code Annotated, Title 10, Subtitle D, §2155.444 - (Lexis 2000) - First preference is given in tie bids for goods and agricultural products produced or grown in Texas, or offered by Texas bidders, that are of equal cost and quality to other states of the United States. Second preference is given in tie bids for goods and agricultural products from other states of the United States over foreign goods and agricultural products that are of equal cost and quality.

Preference is also given to Texas vegetation native to the region in purchases for vegetation for landscaping purposes, including plants.

Texas Codes Annotated, Government Code Annotated, Title 10, Subtitle D, §2155.445 (Lexis 2000) Preference for recycled, remanufactured, or environmentally sensitive products if the product meets State of Texas specifications regarding quantity and quality.

Texas Codes Annotated, Government Code Annotated, Title 10, Subtitle D, §2155.446 (Lexis 2000) Preference for paper containing the highest proportion of recycled fibers.

Texas Codes Annotated, Government Code Annotated, Title 10, Subtitle D, §2155.447 (Lexis 2000) - Preference for motor oil and automotive lubricants that contain at least 25 percent recycled oil if cost to the State of Texas and quality are comparable to those of new oil and lubricants.

Texas Codes Annotated, Government Code, Title 10, Subtitle D, §2158.0031 (Lexis 2000) - Preference for state agencies to purchase passenger vehicles or other ground transportation vehicles for general use that are economical, fuel-efficient vehicles assembled in the United States.

Texas Codes Annotated, Government Code Annotated, Title 10, Subtitle D, §2171.052 (Lexis 2000) - Preference given to resident entities of the State of Texas for contracts with travel agents.

Texas Codes Annotated, Government Code Annotated, Title 10, Subtitle D, §2252.002 (Lexis 2000) Reciprocal preference in favor of Texas businesses for all governmental contract.

Title 1, Texas Administrative Code, Chapter 113, §113.8 (Lexis 2000) - Preferences listed are for Texas resident bidders; Texas and United States products; certified Historically Underutilized Business; products of persons with mental or physical disability; recycled, remanufactured or environmentally sensitive products; energy efficient products; rubberized asphalt paving material; and recycled motor oil and lubricants.

UTAH:

Utah Code Annotated, §63-56-20.5 (Lexis 1999) - Reciprocal preference in favor of Utah businesses for goods, supplies, equipment, materials and printing.

Utah Code Annotated, §63-56-20.6 (Lexis 1999) - Reciprocal preference in favor of Utah businesses for construction contracts.

Utah Code Annotated, §63-56-20.7 (Lexis 1999) - Preference of five percent for the purchase of recycled paper or paper products.

"Paper" means any newspaper, high-grade office paper, fine paper, bond paper, offset paper, xerographic paper, mimeographic paper, duplicator paper, and related types of cellulosic material containing not more than 10% by weight or volume of noncellulosic material such as laminates, binders, coatings, or saturants.

"Paper product means any paper items or commodities, including paper napkins, towels, corrugated and other cardboard, toilet tissue, paper and related types of cellulosic products containing not more than 10% by weight or volume of noncellulosic material such as laminates, binders, coatings, or saturants. "Paper product" does not include preprinted cellulosic products such as books, newspapers, calendars and magazines.

Utah Code Annotated, §63-56-35.6 (Lexis 1999) - Preference for state departments, agencies and institutions to procure goods and services produced by Utah Correctional Industries Division.

Utah Code Annotated, §63-56-35.8 (Lexis 1999) - Preference for procurements from a sheltered workshop if products meet needs and specifications, can be supplied within a reasonable amount of time, and price is reasonably competitive. "Sheltered workshop" means a nonprofit organization operated in the interest of severely disabled individuals.

VERMONT:

Vermont Statutes Annotated, Title Twenty-Nine, Part 2, Chapter 49 (Lexis 2000) - Preference of five percent (5%) to purchase recycled materials or products. Recycled materials include recycled paper products, retreaded automobile tires, re-refined lubricating oil, used automotive parts, reclaimed solvents, recycled asphalt, recycled concrete and compost materials.

VIRGINIA:

Code of Virginia Annotated, 11-47 (Lexis 2000) - Preference in tie bids given to goods, services and construction produced in Virginia or provided by Virginia persons, firms or corporations; reciprocal preference for the purchase of goods, services, and construction applied against other states having resident preferences; preference in tie bids occurring after existing price preferences taken into account awarded to bidder whose goods contain the greatest amount of recycled content.

Code of Virginia Annotated, 11-47.1 (Lexis 2000) - Preference of four percent (4%) to bidder offering coal mined in Virginia.

Code of Virginia Annotated, 11-47.2 (Lexis 2000) - Preference of ten percent (10%) to bidder offering recycled paper and paper products.

WASHINGTON:

Revised Code of Washington, §39.04.133 (Lexis 2000) - State's preference for the purchase and use of recycled content products in the design and development of state capital improvement projects.

Revised Code of Washington, §43.19.520 (Lexis 2000) - Preference to purchase products and services from sheltered workshops and programs for the handicapped and disadvantaged.

Revised Code of Washington, §43.19.535 (Lexis 2000) - Preference to bidder providing goods or services to a state agency if goods or services are provided whole or in part by an inmate work program of the department of corrections; and an amount at least fifteen percent of the total bid amount will be paid by the bidder to inmates as wages.

Revised Code of Washington, §43.19.538 (Lexis 2000) - Preference in state purchasing for the purchase of products containing recycled material.

Revised Code of Washington, §43.19.637 (Lexis 2000) - Preference for vehicles designed to operate exclusively on clean fuels.

Revised Code of Washington, §43.19.700 (Lexis 2000) - Reciprocity preference in favor of Washington businesses.

Washington Administrative Code, Chapter 236, §236-48-085 (Lexis 2000) - In procuring goods and services, an appropriate percentage penalty will be added to an out-of-state bid by the Office of State Procurement, if the bidder's state has in-state preference clauses. States with only reciprocity will not be included.

Washington Administrative Code, Chapter 236, §236-48-096 (Lexis 2000) - Preference of ten percent for goods containing recovered material. The bidder must certify the minimum percent content of recovered material as set forth in the invitation to bid.

WEST VIRGINIA:

West Virginia Code Annotated, §5-19-2 (Lexis 2000) - 20 percent domestic preference over foreign products involving public contracts over $5,000 or steel contracts involving over $50,000 or over 10,000 pounds; 30 percent preference if domestic production is in area determined by the U.S. Department of Labor to be a "substantial labor surplus area".

West Virginia Code Annotated, §5A-3-37 (Lexis 2000) - "Resident bidder" means an individual who has resided in West Virginia continuously for four years, or a partnership, association, corporation resident vendor, or a corporation nonresident vendor that has an affiliate or subsidiary that employs a minimum of one hundred state residents and which has maintained its headquarters or principal place of business within West Virginia.

The following preferences are listed under §5A-3-37: Preference of 2.5 percent to resident bidders for construction contracts over $50,000; preference of 2.5 percent to resident bidders who employ at least 75 percent West Virginia residents; and preference of 2.5 percent to nonresident vendors who employ at least 100 residents and have at least 75 percent resident employees;

West Virginia Code Annotated, §5A-3-37a (Lexis 2000) - Reciprocal preference in the purchase of commodities or printing except where the provisions of §5A-3-37 may apply.

West Virginia Code Annotated, §18B-5-4 (Lexis 2000) - Preference for resident bidders in the purchase or acquisition of materials, supplies, equipment and printing by institutions of higher education.

West Virginia Code Annotated, §20-11-7 (Lexis 2000) - Preference of 10 percent for recycled products. Priority given to paper products with highest post-consumer content.

WISCONSIN:

Wisconsin Statutes, §16.75(1)(a)(2) (Lexis 1999) - Preference awarded to Wisconsin producers, distributors, suppliers and retailers, in the purchase of materials, supplies, equipment, and contractual services over non Wisconsin bidders who are from a state that grants a resident preference.

Wisconsin Statutes, §16.75(3m)(b) (Lexis 1999) - Preference of five percent to minority businesses for the purchase of materials, supplies, equipment, and contractual services.

Wisconsin Statutes, §16.855(1) (Lexis 1999) - Preference to resident bidders in construction projects against states that impose a resident preference.

Wisconsin Statutes, §16.855(10m)(a) (Lexis 1999) - Preference of five percent to minority businesses in the letting of construction contracts.

Wisconsin Statutes, §44.57 (Lexis 1999) - Preference to resident artists for works of art in state buildings.

WYOMING:

Wyoming Statutes Annotated, §9-2-1016(b)(iv)(G) (Lexis 2000) - Preference of five percent given to a nonprivate sector bidder over a private sector bidder in awarding bids or contracts for supplies or services if competitive sealed bidding is required.

Wyoming Statutes Annotated, §16-6-102 (Lexis 2000) - Preference of five percent given to a certified resident bidder in public works contracts for the erection, construction, alteration or repair of any public building, or other public structure, or for making any addition thereto, or for any public work or improvement. A successful resident bidder cannot subcontract more than twenty percent of the work covered by his contract to nonresident contractors (§16-6-103).

Wyoming Statutes Annotated, §16-6-105 (Lexis 2000) - Preference of five percent (5%) in public purchases for Wyoming materials, supplies, agricultural products, equipment and machinery manufactured or grown in the State of Wyoming.

"Agricultural product" means any horticultural, viticultural, vegetable product, livestock, livestock product, bees or honey, poultry or poultry product, sheep or wool product, timber or timber product.

Wyoming Statutes Annotated §16-6-301 (Lexis 2000) - Preference of 10 percent given to resident bidders in public printing contracts.

ADDITIONAL SOURCE OF INFORMATION: The following website provides procurement manuals or handbooks from all the states. The manuals or handbooks may contain bidding guidelines, procedures, rules, and preferences for each state listed. Contact information is also provided for their procurement offices or departments. http://www.fedmarket.com/sales_resources/bids/state_local.html. The main homepage is at www.fedmarket.com.

For questions concerning the Bidder Preference List, please contact the Office of General Counsel at (512) 463-3960.

TRD-200004773

Ann Dillon

General Counsel

General Services Commission

Filed: July 11, 2000

Texas Department of Health

Licensing Action for Radioactive Materials

The Texas Department of Health has taken actions regarding Licenses for the possession and use of radioactive materials as listed in the tables. The subheading "Location" indicates the city in which the radioactive material may be possessed and/or used. The location listing "Throughout Texas" indicates that the radioactive material may be used on a temporary basis at job sites throughout the state.

[graphic]

In issuing new licenses and amending and renewing existing licenses, the Texas Department of Health, Bureau of Radiation Control, has determined that the applicants are qualified by reason of training and experience to use the material in question for the purposes requested in accordance with Title 25 Texas Administrative Code (TAC) Chapter 289 in such a manner as to minimize danger to public health and safety or property and the environment; the applicants' proposed equipment, facilities and procedures are adequate to minimize danger to public health and safety or property and the environment; the issuance of the license(s) will not be inimical to the health and safety of the public or the environment; and the applicants satisfy any applicable requirements of 25 TAC Chapter 289.

This notice affords the opportunity for a hearing on written request of a licensee, applicant, or "person affected" within 30 days of the date of publication of this notice. A "person affected" is defined as a person who is a resident of a 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 land 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 licensee, applicant, or "person affected" may request a hearing by writing Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189. For information call (512) 834-6688.

TRD-200004700

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: July 6, 2000

Notice of Intent to Revoke Certificates of Registration

Pursuant to 25 Texas Administrative Code §289.205, the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed complaints against the following registrants: South Shore Animal Hospital, Incorporated, League City, R24636; Jeffrey A. Facey, D.D.S., Houston, R23845; Valley Family Health Clinic, Weslaco, R23134; Tower Medical Center of Port Neches, Port Neches, R21736; Michael Z. Metzger, D.P.M., Lewisville, R11550.

The complaints allege that these registrants have failed to pay required annual fees. The department intends to revoke the certificates of registration; order the registrants to cease and desist use of radiation machine(s); order the registrants to divest themselves of such equipment; and order the registrants to present evidence satisfactory to the bureau that they have complied with the orders and the provisions of the Texas Health and Safety Code, Chapter 401. If the fee is paid within 30 days of the date of each complaint, the department will not issue an order.

This notice affords the opportunity to the registrants for a hearing to show cause why the certificates of registration should not be revoked. A written request for a hearing must be received by the bureau within 30 days from the date of service of the complaint to be valid. Such written request must be filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed or if the fee is not paid, the certificates of registration will be revoked at the end of the 30-day period of notice.

A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200004694

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: July 6, 2000

Notice of Intent to Revoke Radioactive Material Licenses

Pursuant to 25 Texas Administrative Code §289.205, the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed complaints against the following licensees: R & D Long Corporation, Dallas, L04526; Amoco Chemical Company, Alvin, L01422; Goolsby Testing Laboratories, Inc., Humble, L03115; Metrotech Inspection & Testing Services, Grand Prairie, L04913.

The complaints allege that these licensees have failed to pay required annual fees. The department intends to revoke the radioactive material licenses; order the licensees to cease and desist use of such radioactive materials; order the licensees to divest themselves of the radioactive material; and order the licensees to present evidence satisfactory to the bureau that they have complied with the orders and the provisions of the Texas Health and Safety Code, Chapter 401. If the fee is paid within 30 days of the date of each complaint, the department will not issue an order.

This notice affords the opportunity to the licensees for a hearing to show cause why the radioactive material licenses should not be revoked. A written request for a hearing must be received by the bureau within 30 days from the date of service of the complaint to be valid. Such written request must be filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed or if the fee is not paid, the radioactive material licenses will be revoked at the end of the 30-day period of notice.

TRD-200004695

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: July 6, 2000

Texas Department of Insurance

Name Applications

The following applications have been filed with the Texas Department of Insurance and are under consideration:

Application to use the assumed name of SUMMIT ADMINISTRATIVE SERVICES by PACIFICARE OF TEXAS, INC., a domestic Health Maintenance Organization. The home office is in Dallas, Texas.

Application to use the assumed name of THE SENIOR HEALTH PLAN by PACIFICARE OF TEXAS, INC., a domestic Health Maintenance Organization. The home office is in Dallas, Texas.

Application for incorporation to the State of Texas by PROGRESSIVE HOME UNDERWRITERS INSURANCE COMPANY, a domestic reciprocal company. The home office is in Austin, Texas.

Any objections must be filed with the Texas Department of Insurance, addressed to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.

TRD-200004813

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: July 12, 2000

Third Party Administrator

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

Application for admission to Texas of Harvey W. Watt & Co., Inc., a foreign third party administrator. The home office is Hapeville, Georgia.

Application for incorporation in Texas of Today's Vision Franchising Corporation, (doing business under the assumed name of Today's Vision Network), a domestic third party administrator. The home office is Houston, Texas.

Application for admission to Texas of PhyMed Medical Management Corporation, a foreign third party administrator. The home office is Anaheim, California.

Any objections must be filed within 20 days after this notice was filed with the Secretary of State, addressed to the attention of Charles M. Waits, MC 107-5A, 333 Guadalupe, Austin, Texas 78714-9104.

TRD-200004777

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: July 11, 2000

Texas Lottery Commission

Instant Game No. 210 - "Hot Hand"

1.0 Name and Style of Game.

A. The name of Instant Game No. 210 is "HOT HAND". The play style of the game is a "poker game" play style.

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 210 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 210.

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: ACE, KING, QUEEN, JACK, 10, 9, 8, 7, 6, 5, 4, 3, and 2.

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: Table 1 of this section.

E. Retailer Validation Code - Three small letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. The possible validation codes are: Table 2 of this section. Low-tier winning tickets use the required codes listed in Figure 2:16. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2:16 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.

F. Serial Number - A unique 13 digit number appearing under the latex scratch-off covering on the front of the ticket. There is a four (4) digit security number which will be boxed and placed randomly within the Serial Number. The remaining nine (9) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The format will be : 0000000000000.

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

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

I. High-Tier Prize - A prize of $1,000 or $21,000.

J. Bar Code - A 22 character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.

K. Pack-Ticket Number - A thirteen (13) digit number consisting of the three (3) digit game number (210), a seven (7) digit pack number and a three (3) digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be : 210-0000001-000.

L. Pack - A pack of "HOT HAND" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of twos. Tickets 000 - 001 will be on the top page and tickets 002 - 003 will be on the next page and so forth with tickets 248 - 249 on the last page.

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 "HOT HAND" Instant Game No. 210 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "HOT HAND" Instant Game is determined once the latex on the ticket is scratched off to expose twenty-five (25) play symbols. If the player uncovers five cards within a hand that makes up one of the six winning combinations listed in the prize legend, the player wins the prize that corresponds to the winning five-card combination in that hand. The possible winning combinations are: 4 Of A Kind (4 like cards); Full House (3 like cards plus 2 like cards); Straight (5 cards in numerical order from 2 through KING); 3 Of A Kind (3 like cards); 2 pairs (2 sets of 2 like cards each); and 1 pair (1 set of 2 like cards). 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 25 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 of the Play Symbols must be printed in black ink;

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have exactly 25 Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

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

16. Each of the 25 Play Symbols must be exactly one of those described in §1.2.C of these Game Procedures.

17. Each of the 25 Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. No more than 4 duplicate play symbols on a ticket.

C. Winning hands will appear only as dictated by the prize structure.

D. A straight will never contain an ACE play symbol.

E. Straights will always appear in either ascending or descending order.

F. Non-winning ticket will never have all 5 of the play symbols in a hand in ascending or descending order.

2.3 Non-winning Ticket. In addition to other provisions contained in these Game Procedures regarding a non-winning ticket, a non-winning ticket includes the following combinations:

A. Big Tiger or Big Cat-King high, eight low, no pair.

B. Little Tiger or Little Cat-Eight high, three low, no pair.

C. Big Dog-Ace high, nine low, no pair.

D. Little Dog-Seven high, deuce low, no pair.

E. Skeet or Pelter-Nine, five, deuce, with one card between the nine and five in rank and one card between the five and deuce in rank, no pair.

F. Skip Straight-This hand is also called a Dutch Straight or Kilter. The hand consists of a progression of cards each separated by one step in rank from the adjacent one.

G. Round-the-Corner Straight-A sequence of cards, treating the thirteen cards as an unending sequence and includes the following combinations:

1. Jack, Queen, King, Ace, and 2.

2. Queen, King, Ace, 2, and 3.

3. King, Ace, 2, 3, and 4.

4. 2, Ace, King, Queen, and Jack.

5. 3, 2, Ace, King, and Queen.

6. 4, 3, 2, Ace, and King.

H. Blaze-Any five face cards.

I. Four Flush-Any hand containing four cards of one suit.

J. Wild Cards-This includes deuces, one-eyed cards, low hole card in each hand and any card selected by the player. Wild cards may not be used in this game.

K. Double-Ace Flush-A flush that is headed by two or three aces.

L. Stripped Deck-When the five is the lowest card remaining in the pack after all the deuces, threes, and fours have been removed, the combination of 8, 7, 6, 5, Ace.

2.4 Procedure for Claiming Prizes.

A. To claim a "HOT HAND" Instant Game prize of $2.00, $5.00, $10.00, $20.00, $25.00, $50.00, $100, $150 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $25.00, $50.00, $100, $150 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in §2.4.B and §2.4.C of these Game Procedures.

B. To claim a "HOT HAND" Instant Game prize of $1,000 or $21,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "HOT HAND" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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 Chapter 31, Human Resource Code;

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

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

F. 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.

2.5 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 §2.4.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.6 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 "HOT HAND" 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 "HOT HAND" 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 20,040,000 tickets in the Instant Game No. 210. The expected number and value of prizes in the game are as follows: Table 3 of this section

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 210 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 210, 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-200004788

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: July 11, 2000

Texas Department of Mental Health and Mental Retardation

Notice of Public Hearing

The Texas Department of Mental Health and Mental Retardation has scheduled a hearing to accept oral and written testimony from members of the public concerning the proposed Long Term Care Plan for People with Mental Retardation and Related Conditions. The hearing will begin at 9:30 a.m., Friday, August 11, 2000, in the auditorium of the department's Central Office, Building 2, 909 West 45 Street, Austin.

Each speaker will have a maximum of five minutes for presentations.

A copy of the draft report may be obtained, beginning July 21, 2000, at the TDMHMR web site at:

http://www.mhmr.state.tx.us/centraloffice/planningresearchevaluation/plans.html

or by contacting:

Mark S. Johnston

Planning, Research and Evaluation

Texas Department of Mental Health and Mental Retardation

P.O. Box 12668, Austin, Texas 78711-2668

Comments regarding the draft report should be directed to Mark S. Johnston. Comments must be received by 5:00 p.m. on Friday, August 11, 2000.

The department is required by Texas Health and Safety Code, §533.062, to develop the biennial plan that specifies the capacity of the Home and Community-based Services (HCS) program in Texas for persons with mental retardation and to specify the number and levels of new beds in the Intermediate Care Facilities for Persons with Mental Retardation and Related Conditions (ICF/MR) program in Texas.

Persons requiring an interpreter for the deaf or hearing impaired should contact the department's Central Office operator at least 72 hours prior to the hearing at TDD (512) 206-5330. Persons requiring other accommodations for a disability should notify the Office of Planning Research and Evaluation, at least 72 hours prior to the hearing at (512) 206-5205 or at the TDY phone number of Texas Relay, 1-800-735-2988.

After reviewing the public comment and making any necessary revisions, the department will submit the plan to the Texas Health and Human Services Commission (THHSC) for approval and incorporation into the consolidated health and human services budget recommendation as required by Texas Government Code, §531.026. After legislative action, the THHSC will adjust the plan to ensure that the capacity of the HCS program and the number if ICF/MR beds are within appropriated funding amounts and publish the final plan in the Texas Register .

TRD-200004765

Charles Cooper

Chairman, Texas MHMR Board

Texas Department of Mental Health and Mental Retardation

Filed: July 10, 2000

Public Hearing Notice on Reimbursement Rates for Home and Community-Based Services - OBRA

The Health and Human Services Commission and the Texas Department of Mental Health and Mental Retardation will conduct a joint public hearing to receive public comment on proposed reimbursement rates for Rehabilitative Services facilities effective September 1, 2000, through August 31, 2001. The joint hearing will be held in compliance with 1 TAC, Chapter 355, Subchapter F, §355.702(h), which requires a public hearing on proposed reimbursement rates for medical assistance programs.

The public hearing will be held on Thursday, August 3, 2000, at 10:00 a.m. in room 240 of the TDMHMR Central Office building (Building 2) at 909 West 45th Street, Austin, Texas 78751.

Written comments may be submitted to Reimbursement and Analysis Section, Medicaid Administration, Texas Department of Mental Health and Mental Retardation, P.O. Box 12668, Austin, Texas 78711-2668, or faxed to (512) 206-5693. Hand deliveries will be accepted at 909 West 45th Street, Austin, Texas 78751. Comments must be received by noon on Thursday, August 3, 2000. Interested parties may obtain a copy of the reimbursement briefing package ten days prior to the hearing by calling the Reimbursement and Analysis Section at (512) 206-5753.

TRD-200004785

Charles Cooper

Chairman, Texas MHMR Board

Texas Department of Mental Health and Mental Retardation

Filed: July 11, 2000

Public Hearing Notice on Reimbursement Rates for Rehabilitative Services

The Health and Human Services Commission and the Texas Department of Mental Health and Mental Retardation will conduct a joint public hearing to receive public comment on proposed reimbursement rates for Home and Community-based Services - OBRA facilities effective September 1, 2000, through August 31, 2001. The joint hearing will be held in compliance with 1 TAC, Chapter 355, Subchapter F, §355.702(h), which requires a public hearing on proposed reimbursement rates for medical assistance programs.

The public hearing will be held on Thursday, August 3, 2000, at 9:00 a.m. in room 240 of the TDMHMR Central Office building (Building 2) at 909 West 45th Street, Austin, Texas 78751.

Persons requiring ADA accommodation should contact Tom Wooldridge by calling (512) 206-5753, at least 72 hours prior to the hearing. Persons requiring an interpreter for the deaf or hearing impaired should contact Tom Wooldridge through the Texas Relay operator by calling 1-800-735-2988. Janet Hodgson Office of Policy Development Texas Department of Mental Health and Mental Retardation P.O. Box 12668 Austin, Texas 78711-2668 (512) 206-5153 fax (512) 206-4750 E-mail: Janet.Hodgson@mhmr.state.tx.us

TRD-200004784

Charles Cooper

Chairman, Texas MHMR Board

Texas Department of Mental Health and Mental Retardation

Filed: July 11, 2000

Texas Natural Resource Conservation Commission

Notice of Application and Preliminary Decision

For The Period of July 10, 2000

APPLICATION AND PRELIMINARY DECISION. Deering Brunson, Owner of OK Pump Company, 290 North Nevarez, Socorro, Texas 79927, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a permit to authorize a Type V-GG liquid waste processing facility that will solidify grease trap waste, grit trap waste, septic waste, or a combination of these three waste materials. The facility is proposed to be located at 2300 Ascension Drive in rural El Paso County, Texas, approximately 2.5 miles east of the intersection of IH-10 and FM-1110. This application was submitted to the TNRCC on August 5, 1999. The TNRCC executive director has completed the technical review of the application and prepared a draft permit. The draft permit, if approved, would establish the conditions under which the facility must operate. The executive director has made a preliminary decision to issue this draft permit. The permit application, executive director's preliminary decision, and draft permit are available for viewing and copying at the El Paso Public Library, Clardy Fox Branch, 5515 Robert Alva Avenue, El Paso, Texas 79905. The telephone number of the library is (915) 772- 0501. MAILING LISTS. You may ask to be placed on a mailing list to obtain additional information regarding this application by sending a request to the Office of the Chief Clerk at the address below. You may also ask to be on a county-wide mailing list to receive public notices for TNRCC permits in the county. PUBLIC COMMENT / PUBLIC MEETING. The TNRCC held a public meeting at 7:00 pm on March 2, 2000, at 290 North Nevarez Street, Socorro, Texas. You may submit additional public comments or request another public meeting about this application. The purpose of a public meeting is to provide the opportunity to submit comment or to ask questions about the application. The TNRCC will hold a public meeting if the executive director determines that there is a significant degree of public interest in the application or if requested by a local legislator. A public meeting is not a contested case hearing. You may submit additional written public comment to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, Texas 78711-3087 within 30 days from the date of newspaper publication of this notice. OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for public comments, the executive director will consider the comments and prepare a response to all relevant and material or significant public comments. The response to comments, along with the executive director's decision on the application, will be mailed to everyone who submitted public comments or who requested to be on a mailing list for this application. If comments are received, the mailing will also provide instructions for requesting a contested case hearing or reconsideration of the executive director's decision. A contested case hearing is a legal proceeding similar to a civil trial in a state district court. A contested case hearing will only be granted based on disputed issues of fact that are relevant and material to the Commission's decision on the application. Further, the Commission will only grant a hearing on issues that were raised during the public comment period and not withdrawn. Issues that are not raised in public comments may not be considered during a hearing. EXECUTIVE DIRECTOR ACTION. The executive director may issue final approval of the application unless a timely contested case hearing request or request for reconsideration is filed. If a timely hearing request or request for reconsideration is filed, the executive director will not issue final approval of the permit and will forward the application and requests to the TNRCC Commissioners for their consideration at a scheduled Commission meeting. INFORMATION. If you need more information about this permit application or the permitting process, please call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TNRCC can be found at our web site at www.tnrcc.state.tx.us. Further information may also be obtained from Mr. Deering Brunson, OK Pump Company, at the address stated above or by calling Mr. Brunson at (915) 858-2317.

TRD-200004779

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: July 11, 2000

Proposal for Decision

The State Office Administrative Hearing issued a Proposal for Decision and Order to the Texas Natural Resource Conservation Commission on July 7, 2000. Executive Director of the Texas Natural Resource Conservation Commission v. Dalworth Oil Co., Inc.; SOAH Docket No. 582-99-2449; TNRCC Docket No. 1999-0406-PST-E. In the matter to be considered by the Texas Natural Resource Conservation Commission on a date and time to be determined by the Chief Clerk's Office in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105 TNRCC P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Doug Kitts, Chief Clerk's Office, (512) 239-3317.

TRD-200004780

Douglas A. Kitts

Agenda Coordinator

Texas Natural Resource Conservation Commission

Filed: July 11, 2000

Proposal for Decision

The State Office Administrative Hearing issued a Proposal for Decision and Order to the Texas Natural Resource Conservation Commission on July 7, 2000. Executive Director of the Texas Natural Resource Conservation Commission v. Richard Dinscore. SOAH Docket No.582-00-1285; TNRCC Docket No.1999- 1386-OSS-E. In the matter to be considered by the Texas Natural Resource Conservation Commission on a date and time to be determined by the Chief Clerk's Office in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105 TNRCC P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Doug Kitts, Chief Clerk's Office, (512) 239-3317.

TRD-200004781

Douglas A. Kitts

Agenda Coordinator

Texas Natural Resource Conservation Commission

Filed: July 11, 2000

Public Notice

The Texas Natural Resource Conservation Commission (TNRCC or commission) is required under the Texas Solid Waste Disposal Act, Health and Safety Code, Chapter 361, as amended (the Act), to annually publish a state registry that identifies facilities that may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment. The most recent registry listing of these facilities was published in the May 26, 2000, issue of the Texas Register (25 TexReg 4944).

Pursuant to the Act, §361.184(a), the commission must publish in the Texas Register and in a newspaper of general circulation in the county in which the facility is located, a notice of intent to list a facility on the state registry of state Superfund sites. With this publication, the TNRCC hereby gives notice of a facility or area that the executive director has determined eligible for listing, and which the executive director proposes to list on the state registry. By this publication, the TNRCC also gives notice pursuant to the Act, §361.1855, that it proposes a land use other than residential as appropriate for the facility identified below. The TNRCC proposes a commercial/industrial land use designation. Determination of future land use will impact the remedial investigation and remedial action for the site.

This notice also specifies the general nature of the potential endangerment to public health and safety or the environment as determined by information currently available to the executive director. The notice of intent to list this facility also appears in the July 21, 2000, edition of the Hendersion Daily News .

The property proposed for listing is known as the Crim-Hammett site, 801 Highway 64, located in Rusk County, Henderson, Texas. The approximate geographic coordinates of the site are 32 degrees, 10 minutes, 03 seconds, North Latitude and 94 degrees, 48 minutes, 01 seconds, West Longitude.

The site was used as a truck, tractor, and automobile dealership from 1947 - 1961. From 1961 - 1986, the site was the location of an International Harvester franchise.

There is an alleged landfill on the site. Observations and photos taken at the site indicate that the landfill was used for the burial of waste oil, oil filters, fuel tanks, tires, wood chips, drums, and battery chips. The landfill is located at the west and southwest areas of the site. Sample analysis results from the TNRCC Screening Site Inspection (SSI) conducted at the site in February 1996 indicated metals, pesticides, and PCBs in the soil.

The February 1996 SSI sampling event also documented hazardous substances in Thompson Lake and Hardy Creek wetlands areas. Sediment samples were collected downstream from the site. Metals, one pesticide, and one semi-volatile organic compound were detected in the sediment samples.

Releases of hazardous substances to the surface water pathway are the major concern for this site. Lead has been documented in the sediment approximately 2.0 miles downstream of the site. No drinking water intakes are located within 15 miles of the site. Neither Thompson Lake, nor any other lakes within 15 miles are considered fisheries.

A public meeting will be held Thursday, August 31, 2000, 7:00 p.m., in Council Chambers of Henderson City Hall, located at 400 West Main Street, Henderson, Texas. The purpose of this meeting is to obtain additional information regarding the site relative to its eligibility for listing on the state registry, identify potentially responsible parties, and obtain public input and information regarding the appropriate use of land on which the facility subject of this notice is located. The public meeting will be legislative in nature and not a contested case hearing under the Texas Administrative Procedure Act (Government Code, Chapter 2001).

Written comments may also be submitted to the attention of Dan Switek, Superfund Cleanup Section, Remediation Division, MC-143, P.O. Box 13087, Austin, Texas, 78711-3087, telephone number (512) 239-4132. All comments must be received by the commission on or before August 31, 2000.

The executive director of the TNRCC prepared a brief summary of the commission's records regarding this site. This summary and a portion of the records for this site, including documents pertinent to the executive director's determination of eligibility, are available for review at the Rusk County Library, 106 East Main Street, Henderson, Texas, telephone number (903) 657-8557, during regular business hours. Copies of the complete public record file may be obtained during regular business hours at the TNRCC Records Management Center, Building D, Room 190, 12100 Park 35 Circle, Austin, Texas 78753; telephone numbers 1-800-633-9363 (within Texas only) or (512) 239- 2920. Photocopying of file information is subject to payment of a fee.

TRD-200004712

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: July 7, 2000

Public Notice - Selection of Remedy for the L.J. (Toups) State Superfund site.

The executive director of the Texas Natural Resource Conservation Commission (TNRCC) is issuing this public notice of a proposed selection of remedy for the L.J. Toups (Toups) state Superfund site. In accordance with §335.349(a), concerning requirements for the proposed remedial action, and Texas Health and Safety Code, the Solid Waste Disposal Act, §361.187, concerning the proposed remedial action, a public meeting regarding the TNRCC's selection of a proposed remedy for the Toups state Superfund site shall be held. The statute requires that the TNRCC shall publish notice of the meeting in the Texas Register and in a newspaper of general circulation in the county in which the facility is located at least 30 days before the date of the public meeting. This notice appeared in the July 19, 2000, edition of the Hardin County News and in the July 20, 2000, edition of the Silsbee Bee .

The public meeting is scheduled for Thursday, August 24, 2000, 7:00 p.m., in the cafeteria of Sour Lake Elementary School, 1055 Highway 326 South, Sour Lake, Texas. The public meeting will be legislative in nature and is not a contested case hearing under the Texas Government Code, Chapter 2001.

The site for which a remedy is being proposed, the Toups state Superfund site, was proposed for listing on the state registry of Superfund sites in the December 17, 1993, issue of the Texas Register (18 TexReg 9793). The Toups state Superfund site is located on the west side of Highway 326, 2.1 miles north of the intersection of Highway 326 and Highway 105, Hardin County, Sour Lake, Texas. The site consists of two adjacent tracts of land being 19.015 acres and 2.52 acres for a total of 21.535 acres. The site is bordered by Highway 326 on the east and by residential areas on the west, north and south. Mr. Toups operated the site simultaneously as a pentachlorophenol (PCP) fencepost treating facility and a municipal waste dump from 1957 until the early 1970's. The fencepost treating facility ceased operations in the late 1960s and the municipal waste dumping ceased in approximately 1972. During the fencepost treating operation, the land was cleared and fenceposts were stacked from the north entrance front gate to the back of the property. The facility was closed down because of the short supply of fenceposts and difficulty obtaining employees to work at a remote site.

In March 1992, the Texas Water Commission (TNRCC predecessor agency) responded to a public request to investigate the site. During this investigation and subsequent investigations, approximately 35 drums of an oil/tar substance were found south and west of the barn located on the site. Drums containing a dark substance were found in a flatbed truck. Approximately three fiberpack drums containing what was identified as a herbicide were found inside the barn, and approximately seventy 55-gallon drums containing paint waste were discovered in the central west area of the property. This site was approved for an immediate removal action under the Texas Solid Waste Disposal Act. The immediate removal activities were conducted from March 1993 until May 1993 and consisted of staging and overpacking drums and constructing a security fence around the site.

The remedial investigation (RI) at the Toups site was conducted in two phases. Based on its history, the site was divided into 22 Areas of Concern (AOCs). These AOCs represent the areas believed to be most likely impacted by the operations that were conducted at the site. The AOCs were initially sampled during Phase I of the field investigation conducted in July 1998. As applicable, surface soil, surface water, sediment, or water well samples were collected from each AOC. In November 1998, a Phase II field investigation was initiated to confirm and further delineate detected contamination from the Phase I RI and to install five ground water monitor wells. In April 1999, the on-site water well adjacent to the landfill was overdrilled and plugged and replaced with a properly constructed monitor well. The final RI report, dated August 1999, contains a complete discussion of RI activities conducted at the site.

A baseline risk evaluation (BRE) was completed for the Toups site in September 1999. This evaluation was performed using a residential future land use scenario. Based on the results of this risk evaluation, the surface and subsurface soils (to a depth of approximately two-feet below grade) in the fencepost treating area exceed both the human health and groundwater protection cleanup goals for both semivolatile organic constituents (SVOCs) and dioxin. While lead is widespread across the site at low concentrations, lead does not exceed the site-specific cleanup goal for groundwater protection. The site was found not to pose unacceptable excess risk to environmental receptors.

Based on the evaluation of the Toups site using the presumptive remedies process (as presented in the TNRCC guidance document Presumptive Remedies for Soils at Texas State Superfund Sites , April 1997), excavation and offsite disposal of soils containing constituents above the cleanup goals is the recommended cleanup alternative. The basis for this decision is that SVOCs (including PCP) are the predominant chemical group in the soils; there are an estimated 250 cubic yards of soil exceeding the cleanup goals; and offsite disposal will adequately address both SVOCs and dioxin in soil above the cleanup goals. The fencepost treatment equipment will be appropriately decommissioned and the drums present at the site will be appropriately consolidated and disposed of as part of the remedy. Based on the evaluation of the Toups site using the presumptive remedies process for groundwater ( Presumptive Remedies for Groundwater at Texas State Superfund Sites , January 1999), monitored natural attenuation is the recommended cleanup alternative for site groundwater. The basis for this decision is that there is no evidence of offsite groundwater contamination and the limited onsite contamination is located either adjacent to the fencepost treating area, where soils exceeding groundwater protection cleanup will be excavated and disposed of offsite, or adjacent to an improperly completed water well, which is now properly plugged and abandoned (thus removing the lead pathway to the groundwater).

Although the groundwater in the shallow aquifer is not currently being used, a notice will be placed on the deed of the site to prevent use of the contaminated groundwater. An operation and maintenance (O&M) program, consisting of groundwater sampling and analysis, will continue on a semiannual basis for five years. At the end of the five-year period, the groundwater sampling results will be reviewed. If, based on this review, the contaminant levels in the groundwater have been reduced below cleanup levels, the sampling and analysis will be discontinued and the deed notice will be removed. If, however, the results indicate that the contaminant levels still exceed the cleanup goals, the monitoring will continue for another five years. If, at any time during the O&M activities the TNRCC determines that natural attenuation is not reducing the contaminant levels or that the groundwater plume may migrate offsite, TNRCC will take appropriate remedial action to address the situation.

Persons desiring to comment on the proposed remedial action or the identification of potentially responsible parties may do so at the meeting or in writing prior to the public meeting. Written comments may be submitted to Carol Boucher, TNRCC Project Manager, Superfund Cleanup Section, Remediation Division, MC 143, P.O. Box 13087, Austin, Texas 78711-3087. All comments must be received by the close of the public meeting on August 24, 2000.

The executive director of the TNRCC prepared a brief summary of the commission's records regarding this site. This summary and a portion of the records for this site including documents pertinent to the proposed remedy are available for review during regular business hours at the Alma M. Carpenter Public Library, 300 South Ann Street, Sour Lake, Texas 77659-0536, telephone number (409) 287-3592. Copies of the complete public record file may be obtained during business hours at the TNRCC Records Management Center, Building D, North Entrance, Room 190, 12100 Park 35 Circle, Austin, Texas 78753, telephone numbers 1-800-633-9363 or (512) 239-2920. Photocopying of file information is subject to payment of a fee.

TRD-200004711

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: July 7, 2000

North East Texas Workforce Development Board

Invitation for Bid

Request for Consultant Services

The North East Texas Workforce Development Board is requesting bids to provide Workforce Board Training. The seminar is scheduled for August 9, 2000. Board Training topics include but are not limited to: Mission Statement Development, Goal Setting, and Defining the Role of Workforce Boards.

The proposals will be evaluated upon:

1. Qualifications, Experience and competence.

2. Proposal Cost.

3. Timelines of product delivery.

Bids must be mailed, e-mailed or faxed to the address below prior to July 28, 2000. Bid must include consulting fee, business name, address, phone number, and contact person. Bids may be mailed to: Texarkana Workforce Center, P.O. Box 241, Texarkana, Texas 75504; e-mailed to: jeanie.callicott@twc.state.tx.us; or faxed to (903) 792-2976, Attn: North East Texas Workforce Development Board.

TRD-200004760

Jeanie S. Callicott

Interim Executive Director

North East Texas Workforce Development Board

Filed: July 10, 2000

Texas Department of Protective and Regulatory Services

Request for Proposal for Communities in Schools Model-Planning Provider Services

Announcement: The Texas Department of Protective and Regulatory Services (PRS) is soliciting proposals for four planning contractors to replicate Communities In Schools (CIS), a dropout prevention model, in areas of the state not currently served by a Communities In Schools program. For the purposes of this RFP, areas of the state not served are defined as the Regional Education Service Center (RESC) areas not currently served by a CIS program. Those unserved RESC areas are: Area 9, Wichita Falls; Area 14, Abilene; Area 15, San Angelo; and Area 16, Amarillo. PRS is soliciting offers for CIS planning services from these four areas of the state. The RFP will be released on or about July 20, 2000.

Brief Description of Services: The services being sought by this RFP encompass the following:

Develop a community task force to plan and build the infrastructure and community partnerships for delivering Communities In Schools services to students and their families in the second contract year; develop a 501(c)(3) organization for a new Communities In Schools program; establish a CIS central office and a business address; develop an Annual Operational Plan and budget for the first year of service delivery, September 1, 2001, through August 31, 2002; hire and train an Executive Director and staff; and obtain an agreement with an Independent School District (ISD) identifying the terms of service and commitments made by the District and the contractor to the CIS program.

Goals for the statewide CIS program as a result of contracting for these services are: to operate the CIS program in all areas of the state; to expand services for at-risk youth in order to increase the number of students who stay in school; and to help in building a statewide foundation for comprehensive school-based services for youth and families.

Eligible Applicants: For the planning contract (first year) only, eligible offerors are governmental entities, cities, counties, Regional Education Service Centers, and school districts.

Limitations: No more than four contracts will be awarded under this RFP. Funding of the selected proposals will be dependent upon available federal and/or state appropriations. PRS reserves the right to reject any and all offers received in response to this RFP and to cancel this RFP.

Deadline for Proposals, Term of Contract, and Amount of Award: Proposals will be due September 14, 2000, at 2:00 p.m. Central Daylight Standard Time. The effective dates of a contract awarded under this RFP will be November 1, 2000, through August 31, 2001, with a maximum amount of $50,000 being available to fund each contract.

Contact Person: Potential offerors may obtain a copy of the RFP on or about July 20, 2000. It is preferred that requests for the RFP be submitted in writing (by mail or fax) to: Tina Holmes, Mail Code Y-956; Texas Department of Protective and Regulatory Services; P.O. Box 149030; Austin, Texas 78714-9030; Fax: (512) 821- 4767.

TRD-200004783

C. Ed Davis

Deputy Commissioner for Legal Services

Texas Department of Protective and Regulatory Services

Filed: July 11, 2000

Public Utility Commission of Texas

Correction of Error

The Public Utility Commission of Texas adopted an amendment to 16 TAC §26.130, concerning selection of Telecommunications Utilities. The rule appeared in the July 7, 2000, issue of the Texas Register (25 TexReg 6491).

The rule contained five graphics. Due to an error by the Texas Register four of these graphics were published incorrectly on pages 6567-6570. Instead of publishing the graphics as adopted by the agency, the Texas Register republished the proposed versions.

The correct adopted graphics are as follows.

[Figure: 16 TAC §26.130(e)(3)(B)]

[Figure: 16 TAC §26.130(g)(3)]

[Figure: 16 TAC §26.130(j)(12)]

[Figure: 16 TAC §26.130(j)(13)]

[Figure: 16 TAC §26.130(j)(14)]

TRD-200004896

Filed: July 14, 2000

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

On June 29, 2000, InfoCom Services, Inc. filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60211. Applicant intends to reflect the transfer of its SPCOA certificate to a non-certificated entity, Carrera Communications, L.P.

The Application: Application of InfoCom Services, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 22740.

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 Public Utility Commission of Texas at P.O. Box 13326, Austin, Texas 78711-3326 no later than July 26, 2000. You may contact 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. All correspondence should refer to Docket Number 22740.

TRD-200004689

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 6, 2000

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

On July 6, 2000, ILD filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60187. Applicant intends to remove the resale-only restriction to allow it to provide services both through resale and its own facilities.

The Application: Application of ILD for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 22766.

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 Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326 no later than July 26, 2000. You may contact 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. All correspondence should refer to Docket Number 22766.

TRD-200004762

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 10, 2000

Notice of Application for Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on June 29, 2000, for a certificate of operating authority (COA), pursuant to §§54.101 - 54.105 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Bell Atlantic Network Data, Inc. for a Certificate of Operating Authority, Docket Number 22741 before the Public Utility Commission of Texas.

Applicant intends to provide a full range of intrastate, interLATA, intraLATA, and local data and other telecommunications services.

Applicant's requested SPCOA geographic area includes the area 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 July 26, 2000. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200004690

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 6, 2000

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 (commission) of an application on July 3, 2000, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of ServiSense.com, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 22694 before the Public Utility Commission of Texas.

Applicant intends to provide local exchange service including extended area service, toll restriction, call control options, tone dialing, custom calling services, Caller ID, and any other service available on a resale basis from other certificated local exchange carriers in Texas.

Applicant's requested SPCOA geographic area includes the area currently served by all incumbent local exchange companies throughout the state of Texas.

TRD-200004688

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 6, 2000

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 (commission) of an application on June 30, 2000, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of R Tex Communications, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 22743 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, Digital Subscriber Line, ISDN, T1- Private Line, Frame Relay, Fractional T1, long distance and wireless services.

Applicant's requested SPCOA geographic area includes the area of Texas comprising the Dallas and Longview Local Access and Transport Areas.

TRD-200004691

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 6, 2000

Notice of Application for Service Provider Certificate of Operating Authority

Docket Title and Number: Application of Sigma Networks Telecommunications, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 22750 before the Public Utility Commission of Texas.

Applicant intends to provide ISDN, T1-Private Line, Frame Relay, and Fractional T1 services.

Applicant's requested SPCOA geographic area includes the area currently served by all incumbent local exchange companies throughout the state of Texas.

TRD-200004692

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 6, 2000

Notice of Application for Service Provider Certificate of Operating Authority

Docket Title and Number: Application of Cbeyond Communications of Texas, L.P. for a Service Provider Certificate of Operating Authority, Docket Number 22754 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, Digital Subscriber Line, and long distance services.

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

TRD-200004693

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 6, 2000

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 July 5, 2000, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Global TeleLink Services, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 22759 before the Public Utility Commission of Texas.

Applicant intends to provide local exchange, intrastate, and interLATA long distance services.

Applicant's requested SPCOA geographic area includes the entire state of Texas.

TRD-200004718

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 7, 2000

Notice Of Application Pursuant To P.U.C. Substantive Rule §26.208

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on June 20, 2000, pursuant to P.U.C. Substantive Rule §26.208 for approval of a tariff correction.

Tariff Title and Number: Application of Southwestern Bell Telephone Company to Correct Long Distance Message Telecommunications Tariff, Section 4, Sheet 2, Pursuant to P.U.C. Substantive Rule §26.208. Tariff Number 22692.

The Application: Southwestern Bell Telephone Company (SWBT) is filing this correction to its Long Distance Message Telecommunications Service (LDMTS) Tariff. The error was part of the original tariff sheet that was submitted as an Informational Notice on May 22, 2000, with an effective date of June 1, 2000. The original tariff sheet indicated that the customer, HEB, received a contract-signing bonus. HEB's customer specific contract does not include a signing bonus. This tariff correction has no impact in the rate negotiated with HEB because it was an error in the tariff filing.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. Please reference Tariff Number 22692.

TRD-200004761

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 10, 2000

Notice Of Application To Amend Certificate Of Convenience And Necessity

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on July 5, 2000, to amend a certificate of convenience and necessity pursuant to §§14.001, 37.051, 37.054, 37.056, and 37.057 of the Public Utility Regulatory Act, Texas Utilities Code Annotated (Vernon 1998) (PURA). A summary of the application follows.

Docket Style and Number: Application of the Lower Colorado River Authority (LCRA) to Amend a Certificate of Convenience and Necessity for a Proposed Transmission Line Within Culberson, Reeves, Loving and Winkler Counties. Docket Number 22762.

The Application: LCRA proposes to construct a new 138 kV bundled 795 ACSR transmission line between Kunitz and Wink and the addition of a 138 kV substation bus at Kunitz. The proposed route runs eastward from the Kunitz Substation, located in the Delaware Mountains of Culberson County, to the Wink Substation, located in the Chihuahuan Desert near Wink, in Winkler County. Copies of the amended application and additional associated maps are available for reviewing at the offices of LCRA, 3700 Lake Austin Boulevard, Austin, Texas. Arrangements to view or obtain a map may be made by contacting Kelly Wells at (512) 473- 4087.

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 or (888) 782-8477. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. The deadline for intervention in the proceeding will be established, but will be no earlier than August 18, 2000. The commission should receive a letter requesting intervention on or before that date.

TRD-200004730

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 7, 2000

Notice of Petition for Fuel Reconciliation

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of a petition to reconcile fuel costs on June 30, 2000, pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated §36.203 (Vernon 1998 & Supp. 2000) and P.U.C. Substantive Rule §25.236(b).

Docket Style and Number: Application of Southwestern Electric Power Company for Reconciliation of Fuel Costs. Docket Number 22744.

The Application: Southwestern Electric Power Company (SWEPCO) seeks authority to reconcile historical fuel and purchased power expenses incurred and fuel factor revenues received between January 1, 1997, and December 31, 1999. All customers in SWEPCO's retail rate classes taking service in Texas, who pay fixed fuel factors, are affected by this request. The filing addresses only the historical fuel portion of the retail rates charged by SWEPCO in Texas for electric energy during the reconciliation period and does not affect the fixed fuel factors and the non-fuel base rates presently in effect. SWEPCO seeks to reconcile its cumulative over- recovery balance of $1,092,678, including interest calculated through December 31, 1999, and requests authorization to carry the final reconciled balance forward into the next fuel reconciliation period.

TRD-200004787

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 11, 2000

Notice of Request for Proposals for Implementation of a Customer Education Campaign Regarding the Opening of the Retail Electric Market in Texas

The Public Utility Commission of Texas (commission or PUC) is issuing a Request for Proposals (RFP) for the implementation of a customer education campaign regarding the opening of the retail electric market in Texas. The contract for a customer education campaign is being undertaken pursuant to the commission's statutory responsibility to implement a customer education plan. Further information regarding the customer education campaign may be found in the Public Utility Regulatory Act, Texas Utilities Code, §39.902.

To be considered, the proposal must arrive at the PUC on or before 3:00 p.m., C.D.T., Monday, September 18, 2000.

The Public Utility Commission is requesting proposals from entities with any relevant experience in conducting public awareness campaigns. Entities that meet the definition of a historically underutilized business (HUB), as defined in Chapter 2161, Texas Government Code, §2161.001, are encouraged to submit a proposal.

Project Description. The Public Utility Commission of Texas requests proposals to conduct an integrated communications campaign utilizing paid advertising and campaign branding, public relations and community outreach, printed education materials, answer center and website.

Selection Criteria. A proposal will be selected based on the ability of the proposer to provide the best value in carrying out requirements identified in the RFP. Evaluation criteria will include, but is not limited to, evidence of ability to manage project; experience of the organization; qualifications of assigned personnel; evidence of successful projects of similar nature; the clarity of the description of details for carrying out project; the total estimated fee; and whether the proposed project time lines are logical and appropriate. A complete description of selection criteria is set forth in the RFP. Proposers will be notified in writing of the selection.

Requesting the Proposal. A complete copy of the RFP may be obtained by writing Robert Bartels, Customer Education Liaison, Public Utility Commission, William B. Travis Building, P.O. Box 13326, 1701 North Congress Avenue, Austin, Texas, 78711-3326, or e-mailing robert.bartels@puc.state.tx.us, or faxing to (512) 936-7003. The RFP will be available Friday, July 21, 2000 and will be mailed on that date to all parties who have requested a copy and to a list of prospective bidders prepared by PUC staff.

Deadline for Receipt of Proposals. Proposals must be received no later than 3:00 p.m. on Monday, September 18, 2000, in the Public Utility Commission of Texas Central Records Division, Room G-113, Public Utility Commission of Texas, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas, 78701. Proposals received in Central Records after 3:00 p.m. on Monday, September 18, 2000, will not be considered. Proposals may be filed in Central Records between 9:00 a.m. and 5:00 p.m., Monday through Friday. Regardless of the method of submission of the proposal, the commission will rely solely on the time/date stamp of Central Records in establishing the time and date of receipt. Proposals should be filed under Project Number 21251.

TRD-200004772

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 10, 2000

Public Notice of Amendment to Interconnection Agreement

On July 6, 2000, Southwestern Bell Telephone Company and IP Communications Corporation, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22765. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 22765. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by August 1, 2000, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 22765.

TRD-200004769

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 10, 2000

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

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission), of a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.215.

Docket Title and Number. Southwestern Bell Telephone Company's Application for Approval of LRIC Study for Megalink 1.5 Promotion Service Pursuant to P.U.C. Substantive Rule §26.215 on or after July 11, 2000, Docket Number 22751.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 22751. Written comments or recommendations should be filed no later than 45 days after the date of sufficiency and should be filed at the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200004699

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 6, 2000

Public Notice of Interconnection Agreement

On June 29, 2000, Bell Atlantic Network Data, Inc. and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22738. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 22738. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by August 1, 2000, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

TRD-200004766

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 10, 2000

Public Notice of Interconnection Agreement

On July 5, 2000, TXU Telephone Company and Nextel of Texas, Inc., collectively referred to as applicants, filed a joint application for approval of interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22758. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 22758. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by August 1, 2000, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

TRD-200004767

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 10, 2000

Public Notice of Interconnection Agreement

On July 5, 2000, Southwestern Bell Telephone Company and U.S. Metro Line Services, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22761. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 22761. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by August 1, 2000, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

TRD-200004768

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 10, 2000

Public Notice of Interconnection Agreement

On July 6, 2000, Southwestern Bell Telephone Company and M.R.K.S., Inc. doing business as In Touch Communications, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22767. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 22767. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by August 1, 2000, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

TRD-200004770

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 10, 2000

Public Notice of Interconnection Agreement

On July 9, 2000, Southwestern Bell Telephone Company and MCI Worldcom Communications, Inc., collectively referred to as applicants, filed an interconnection agreement pursuant to §252 of the federal Telecommunications Act of 1996, Public Law Number 104- 104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supp. 2000) (PURA). The application was filed pursuant to the arbitration award issued in Petition of Southwestern Bell Telephone Company for Arbitration with MCI Worldcom, Inc., Pursuant to §252(B)(1) of the Federal Telecommunications Act of 1996 . The application has been designated Docket Number 21791. The petition for arbitration, arbitration award, and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The FTA authorizes the commission to review and approve an interconnection agreement that is a result of arbitration. Pursuant to FTA §252(e)(2) the commission may reject any agreement resulting from an arbitration award if it finds that the agreement does not meet the requirements of §251, including the regulations prescribed by the commission pursuant to FTA §251, or the standards set forth in FTA §252(d). Additionally, under FTA §252(e)(3), the commission may establish or enforce other requirements of state law in its review of the agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 21791. The comments shall be filed by July 28, 2000, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) does not meet the requirements of FTA §251, including any Federal Communications regulation implementing FTA§251; or

b) is not consistent with the standards established in FTA §252(d); or

c) is not consistent with other requirements of state law.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202.

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll- free) 1-800-735-2989. All correspondence should refer to Docket Number 21791.

TRD-200004786

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 11, 2000

Railroad Commission of Texas

Public Notice of Workshop on Changes to Pipeline Safety Regulations as They Apply to Plastic Pipe

The Railroad Commission of Texas, Gas Services Division will hold a workshop regarding a proposed rule change to the Pipeline Safety regulations. The rule change involves the new installation of plastic pipe and the maintenance of data regarding plastic pipe installations. The workshop will be held at the Commission's offices located in the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas, 78701, on Thursday July 27, 2000, at 10:00 a.m. in Room 12-170.

The purpose of the workshop is to solicit input from interested parties that will be required to comply with the proposed changes. A copy of a draft rule is posted on the Commission's web site, at www.rrc.state.tx.us. Any questions concerning the workshop or this notice should be referred to Mary McDaniel, Assistant Director of Pipeline Safety, at (512) 463- 7058.

TRD-200004771

Mary Ross McDonald

Deputy General Counsel, Office of General Counsel