Texas Department of Agriculture
Notice of Public Hearing
In accordance with the Texas Agriculture Code, Chapter 71,§71.006,
the Texas Department of Agriculture (the department) will hold a public hearing
to take public comment on a proposed amendment to its Fire Ant Quarantine
rules. The proposal was published in the Friday, December 29, 2000 issue
of the
Texas Register
. The proposed amendment
adds Mills county to the list of quarantined counties. The hearing will be
held on January 25, 2001, beginning at 10:30 a.m., at the Mills County Courthouse,
1011 4th Street, Goldthwaite, Texas.
For more information please contact Awinash Bhatkar, Texas Department
of Agriculture, P.O. Box 12847, Austin, Texas 78711, (512) 463-5025.
TRD-200100160
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Filed: January 10, 2001
Texas Clean Air Act, Texas Solid Waste Disposal Act and Texas Water Code Settlement Notice
Notice is hereby given by the State of Texas of the following proposed
resolution of an environmental enforcement lawsuit under the Texas Clean Air
Act, the Solid Waste Disposal Act, and the Texas Water Code. Before the State
may settle a judicial enforcement action under the these Codes, the State
shall permit the public to comment in writing on the proposed judgment. The
Attorney General will consider any written comments and may withdraw or withhold
consent to the proposed agreed judgment if the comments disclose facts or
considerations that indicate that the consent is inappropriate, improper,
inadequate, or inconsistent with the requirements of the Code.
Case Title and Court: Harris County, Texas, and the State of Texas, et
al. v. Waste Management of Texas, Inc., Cause No. 2000-62267, 190th District
Court of Harris County, Texas
Nature of Defendant's Operations: Defendant owns and operates the Atascocita
landfill in Harris County. Harris County and the State claim Defendant discharged
air contaminants in such concentrations and of such duration to cause a nuisance
and failed to meet the terms of the facility's site development plan to monitor
and clean the road leading into the facility in violation of the Clean Air
Act and the Solid Waste Disposal Act.
Proposed Agreed Judgment: The Agreed Judgment requires Defendant to comply
with certain injunctive provisions, perform several environmental projects,
and pay a civil penalty. The injunctive provisions of the Agreed Final Judgment
require Defendant to screen all waste streams for constituents that may be
particularly odorous, redirect odorous streams to other landfills, reject
odorous streams entirely, or restrict the stream into entering the landfill
only during certain hours in an effort to eliminate or significantly minimize
the potential for impact on the surrounding community. If an odorous load
enters the facility, Defendant is required by the injunction to implement
special operational procedures as appropriate to control the odor.
In addition to the injunctive provisions outlined in the Agreed Final Judgment,
Defendant has agreed to implement and fund four environmental projects. Those
projects include: (1) reopening the Humble Area Recycling Center at the Atascocita
Landfill to receive recyclable solid waste from the public for a minimum of
five years; (2) providing disposal capacity at its landfill for the Harris
County Waterways Assessment and Restoration Project; (3) enhancing wildlife
habitat on its Atascocita property by planting vegetation; and (4) installing
a citizen's convenience station for individual citizens to drop off solid
waste at its landfill.
The Agreed Judgment requires Defendant to pay forty thousand dollars and
no cents ($40,000.00) in civil penalties and six thousand dollars and no cents
($6,000.00) in attorney fees.
For a complete description of the proposed settlement, the complete proposed
Agreed Final Judgment should be reviewed. Requests for copies of the judgment,
and written comments on the proposed judgment should be directed to Lisa Sanders
Richardson, Assistant Attorney General, Office of the Texas Attorney General,
P. O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512)
320-0911. Written comments must be received within 30 days of publication
of this notice to be considered.
For further information, call A.G. Younger at 512-463-2110.
TRD-200100150
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: January 9, 2001
Biweekly Report of the Private Activity Bond Allocation Program
2000 PROGRAM
The information that follows is the final report of the 2000 Private Activity
Bond Allocation Program for the period of December 23, 2000 through December
31, 2000.
Total amount of state ceiling remaining unreserved for the $250,551,762
subceiling for qualified mortgage bonds under the Act as of December 31, 2000:
$0
Total amount of state ceiling remaining unreserved for the $110,242,776
subceiling for state-voted issue bonds under the Act as of December 31, 2000:
$0
Total amount of state ceiling remaining unreserved for the $75,165,529
subceiling for qualified small issue bonds under the Act as of December 31,
2000: $0
Total amount of state ceiling remaining unreserved for the $165,364,163
subceiling for residential rental project bonds under the Act as of December
31, 2000: $0
Total amount of state ceiling remaining unreserved for the $105,231,740
subceiling for student loans bonds under the Act as of December 31, 2000:
$0
Total amount of state ceiling remaining unreserved for the $295,651,080
subceiling for all other issue bonds under the Act as of December 31, 2000:
$0
Total amount of the $1,002,207,050 state ceiling remaining unreserved under
the Act as of December 31, 2000: $0
Following is a comprehensive listing of applications, which have received
a Certificate of Carryforward pursuant to the Act from December 23, 2000 through
December 31, 2000:
Issuer: Brazos River Authority
User: TXU Electric Company
Description: All Other Issues--Glen Rose, Texas
Amount: $13,121,937.34
Following is a comprehensive listing of applications, which have issued
and delivered the bonds and received a Certificate of Allocation pursuant
to the Act from December 23, 2000 through December 31, 2000:
Issuer: North Texas Higher Education Authority, Inc.
User: Eligible Borrowers
Description: Student Loan Bonds
Amount: $35,000,000
Following is a comprehensive listing of applications, which were either
withdrawn or cancelled pursuant to the Act from December 23, 2000 through
December 31, 2000: None
Following is a comprehensive listing of applications, which released a
portion or their entire reserved amount pursuant to the Act from December
23, 2000 through December 31, 2000: None
2001 PROGRAM
The information that follows is a report of the new 2001 Private Activity
Bond Allocation Program for the period of January 1, 2001 through January
5, 2001. The new volume cap for Texas for 2001 is $1,303,238,750, which is
based on the Texas census figures (20,851,820) released 12/28/00 as well as
the new bond cap of $62.50 per capita passed by Congress with bill H.R. 4577.
Total amount of state ceiling remaining unreserved for the $325,809,688
subceiling for qualified mortgage bonds under the Act as of January 5, 2001:
$216,993,188
Total amount of state ceiling remaining unreserved for the $143,356,263
subceiling for state-voted issue bonds under the Act as of January 5, 2001:
$143,356,263
Total amount of state ceiling remaining unreserved for the $97,742,906
subceiling for qualified small issue bonds under the Act as of January 5,
2001: $87,742,906
Total amount of state ceiling remaining unreserved for the $215,034,394
subceiling for residential rental project bonds under the Act as of January
5, 2001: $120,104,394
Total amount of state ceiling remaining unreserved for the $136,840,069
subceiling for student loans bonds under the Act as of January 5, 2001: $101,840,069
Total amount of state ceiling remaining unreserved for the $384,455,431
subceiling for all other issue bonds under the Act as of January 5, 2001:
$281,955,431
Total amount of the $1,303,238,750 state ceiling remaining unreserved under
the Act as of January 5, 2001: $951,992,251
Following is a comprehensive listing of applications, which have received
a Certificate of Reservation pursuant to the Act from January 1, 2001 through
January 5, 2001:
1) Issuer: Permian Basin HFC
User: Eligible Borrowers
Description: Single Family Mortgage Revenue Bonds
Amount: $15,999,400
2) Galveston HFC
User: Eligible Borrowers
Description: Single Family Mortgage Revenue Bonds
Amount: $8,860,500
3) City of Dallas HFC
User: Eligible Borrowers
Description: Single Family Mortgage Revenue Bonds
Amount: $25,000,000
4) Stephenville IDC
User: Raskas Cheese Products of Texas, Inc.
Description: Qualified Small Issue Bonds
Amount: $10,000,000
5) Issuer: City of Dallas HFC
User: Las Colinas Apartments, Ltd.
Description: Multifamily Residential Rental Project--Trail Glen Apts.
Amount: $4,510,000
6) Issuer: Housing Options, Inc.
User: Roseland Fellowship, L.P.
Description: Multifamily Residential Rental Project--Roseland Fellowship
L.P.
Amount: $6,425,000
7) Issuer: San Antonio HFC
User: San Antonio Housing Development Corp.
Description: Multifamily Residential Rental Project--Crown Meadow Apts.
Amount: $15,000,000
8) Issuer: Houston HFC
User: Houston Bellfort Pines Apartments, L.P.
Description: Multifamily Residential Rental Project--Bellfort Pines Apts.
Amount: $11,000,000
9) Issuer: Hidalgo/Willacy HFC
User: Eligible Borrowers
Description: Single Family Mortgage Revenue Bonds
Amount: $20,062,500
10) Issuer: Travis County HFC
User: Eligible Borrowers
Description: Single Family Mortgage Revenue Bonds
Amount: $11,322,900
11) Issuer: Grand Prairie HFC
User: Eligible Borrowers
Description: Single Family Mortgage Revenue Bonds
Amount: $14,942,400
12) Issuer: Middle Rio Grande HFC
User: Eligible Borrowers
Description: Single Family Mortgage Revenue Bonds
Amount: $12,628,800
13) Issuer: TDHCA
User: Knollwood Villas, L.P.
Description: Multifamily Residential Rental Project--Knollwood Villas
Amount: $14,100,000
14) Issuer: Montgomery County HFC
User: Montgomery Trace Apartments, L.P.
Description: Multifamily Residential Rental Project--Montgomery Trace Apts.
Amount: $8,000,000
15) Issuer: TDHCA
User: TX Bluffview Housing, L.P.
Description: Multifamily Residential Rental Project--Bluffview
Amount: $14,100,000
16) Issuer: TDHCA
User: Ascot Park Townhomes, L.P.
Description: Multifamily Residential Rental Project--Ascot Park Townhomes
Amount: $13,045,000
17) Calhoun County Navigation District
User: Formosa Plastics Corporation, Texas
Description: All Other Issue--Point Comfort, Texas
Amount: $25,000,000
18) Issuer: Colorado River Municipal Water District
User: Republic Waste Services of Texas Ltd.
Description: All Other Issue--Odessa, Texas
Amount: $4,000,000
19) Issuer: Gulf Coast Waste Disposal Authority
User: Republic Waste Services of Texas Ltd.
Description: All Other Issue--League City, Texas
Amount: $3,500,000
20) Issuer: Brazos River Harbor Navigation District of Brazoria County,
Texas
User: Merey Sweeney, L.P.
Description: All Other Issuer-Brazoria, Texas
Amount: $25,000,000
21) Issuer: Gulf Coast Waste Disposal Authority
User: Exxon Capital Ventures, Inc.
Description: All Other Issue--Baytown, Texas
Amount: $25,000,000
22) Issuer: Trinity River Authority of Texas
User: Community Waste Disposal, Inc.
Description: All Other Issue--Dallas, Texas
Amount: $20,000,000
23) Issuer: Brazos Higher Education Authority, Inc.
User: Eligible Borrowers
Description: Student Loan Bonds
Amount: $35,000,000
24) Issuer: TDHCA
User: Parkside Terrace, Ltd.
Description: Multifamily Residential Rental Project--Parkside Terrace Apts.
Amount: $8,750,000
Following is a comprehensive listing of applications, which have issued
and delivered the bonds and received a Certificate of Allocation pursuant
to the Act from January 1, 2001 through January 5, 2001: None
Following is a comprehensive listing of applications, which were either
withdrawn or cancelled pursuant to the Act from through January 5, 2001:
1) Issuer: Pecos Higher Education Authority, Inc.
User: Eligible Borrowers
Description: Student Loan Bonds
Amount: $35,000,000
2) Capital Area HFC
User: Colorado Partners, L.P.
Description: Multifamily Residential Rental Project--Colorado Crossing
Apts.
Amount: $13,500,000
3) City of Dallas HFC
User: Canterra Crossing Apartments, Ltd.
Description: Multifamily Residential Rental Project--Creekside Hills Apts.
Amount: $7,200,000
4) San Antonio HFC
User: San Antonio Housing Development Corporation
Description: Multifamily Residential Rental Project--Science Park II Apts.
Amount: $7,250,000
5) Issuer: Austin HFC
User: Pioneer Villas, Ltd.
Description: Multifamily Residential Rental Project--Pioneer Villas Apts.
Amount: $15,000,000
6) Issuer: Port Arthur Navigation District IDC
User: BASF Corp./ATOFINA Petrochemicals Inc./Shell Chemical Co.
Description: All Other Issuer--Port Arthur, Texas
Amount: $25,000,000
Following is a comprehensive listing of applications, which released a
portion or their entire reserved amount pursuant to the Act from January 1,
2001 through January 5, 2001: None
For a more comprehensive and up-to-date summary of the Private Activity
Bond Allocation Program, please visit the website (www.brb.state.tx.us). If
you have any questions or comments, please contact Steve Alvarez, Program
Administrator, at 512/475-4803 or via email at alvarez@brb.state.tx.us.
TRD-200100102
Steve Alvarez
Program Administrator
Texas Bond Review Board
Filed: January 8, 2001
Notice of Intent to Renew Consultant Contract
Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Comptroller
of Public Accounts (Comptroller) furnishes this notice of intent to renew
a consultant contract.
Effective December 10, 1998, the Comptroller, acting on behalf of the Texas
Prepaid Higher Education Tuition Board, and Watson Wyatt Investment Consulting,
Inc. (Consultant) entered into a contract for investment consulting services.
The initial term of the contract was from December 10, 1998 through December
10, 1999. The contract was previously renewed from December 10, 1999 through
December 10, 2000 and from December 10, 2000 through January 9, 2001. The
Comptroller issues this notice of its intent to renew the contract for the
period from January 10, 2001 through January 10, 2002. Total payments under
the contract, including all renewal periods, shall not exceed $315,000.00.
For further information, contact Pamela Ponder, Deputy General Counsel
for Contracts, 111 E. 17th St., Room G-24, Austin, Texas 78744, telephone
number (512)305-8673; fax (512)475-0973, or by e-mail at contracts@cpa.state.tx.us.
TRD-200100165
Pamela Ponder
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: January 10, 2001
Notice of Request for Proposals: Pursuant to Chapter 2254, Subchapter B,
Texas Government Code, and Section 403.020, Texas Government Code, the Comptroller
of Public Accounts (Comptroller) announces the issuance of its Request for
Proposals (RFP #119a) from qualified, independent firms to provide consulting
services to the Comptroller. The successful respondent will assist the Comptroller
in conducting a management and performance review of the Robstown Independent
School District (Robstown ISD). The Comptroller reserves the discretion to
award one or more contracts for a review of the Robstown ISD under this RFP.
The services sought under this RFP will culminate in a final report, which
shall contain findings, recommendations, an implementation timeline, plans,
and be a component part of the review of the district involved. The successful
respondent will be expected to begin performance of the contract on or about
March 22, 2001.
Contact: Parties interested in submitting a proposal should contact Clay
Harris, Assistant General Counsel, 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 was made available
for pick-up at the above-referenced address on Friday, January 19, 2001, between
2 p.m. and 5 p.m., Central Zone Time (CZT), and during normal business hours
thereafter. The Comptroller also made the complete RFP available electronically
on the Texas Marketplace after Friday, January 19, 2001, 2 p.m. (CZT). All
written inquiries, questions, and mandatory Letters of Intent to propose must
be received at the above-referenced address prior to 2 p.m. (CZT) on Friday,
February 9, 2001. Prospective respondents are encouraged to fax Letters of
Intent and Questions to (512) 475-0973 to ensure timely receipt. The Letter
of Intent must be addressed to Clay Harris, Assistant General Counsel, Contracts,
and must contain the information as stated in the corresponding Section of
the RFP and be signed by an official of that entity. Mandatory Letters of
Intent and Questions received after this time and date will not be considered.
The responses to questions and other information pertaining to this procurement
will be posted on Wednesday, February 14, 2001, on the Texas Marketplace http://www.marketplace.state.tx.us.
Closing Date: Proposals must be received in Assistant General Counsel's
Office at the address specified above (ROOM G-24) no later than 2 p.m. (CZT),
on Monday, February 26, 2001. Proposals received 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 Comptroller will make the final decision.
The Comptroller reserves the right to accept or reject any or all proposals
submitted. The Comptroller of Public Accounts is under no legal or other obligation
to execute a contract on the basis of this notice or the distribution of any
RFP. The 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 - January
19, 2001, 2 p.m. CZT; Mandatory Letters of Intent and Questions Due - February
9, 2001, 2 p.m. CZT; Responses to Questions - February 14, 2001; Proposals
Due - February 26, 2001, 2 p.m. CZT; Contract Execution - March 16, 2001,
or as soon thereafter as practical; Commencement of Project Activities - March
22, 2001.
TRD-200100156
Pamela Ponder
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: January 10, 2001
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 Sections 303.003
and 303.009, Tex. Fin. Code.
The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the
period of 01/15/01 - 01/21/01 is 18% for Consumer
1
/Agricultural/Commercial
The weekly ceiling as prescribed by Sections 303.003 and 303.09 for the
period of 01/15/01 - 01/21/01 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-200100118
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: January 9, 2001
Application to Amend Articles of Incorporation
Notice is given that the following application has been filed with the
Credit Union Department and is under consideration:
An application for a name change was received for Dallas Teachers Credit
Union, Dallas, Texas. The proposed new name is First Texas Credit Union.
Comments or a request for a meeting by any interested party relating to
an application must be submitted in writing within 30 days from the date of
this publication. Any written comments must provide all information that the
interested party wishes the Department to consider in evaluating the application.
All information received will be weighed during consideration of the merits
of an application. Comments or a request for a meeting should be addressed
to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas
78752-1699.
TRD-200100081
Harold E. Feeney
Commissioner
Credit Union Department
Filed: January 5, 2001
Intent to Award Funds
The Texas Council for Developmental Disabilities announces its intention
to award grant funds to the Texas Workforce Commission for the development
and implementation of policies, practices, and procedures, which demonstrate
effective inclusive employment services for people with disabilities.
Background:
Following the award of a grant from the Department of Labor, the State
of Texas established twenty eight Local Workforce Development Boards around
the state to integrate the delivery of workforce development programs in one-stop
Career Centers, where customers may receive all employment and training assistance
at one central location.
Local Workforce Development Boards display a large degree of autonomy,
flexibility, and local control, and the centers present a wide variance in
knowledge concerning techniques supportive of inclusive service provision.
Although Equal Employment Opportunity representatives are present in each
center and work with local centers' Executive Directors to monitor compliance
with the Americans with Disabilities Act and access issues identified by the
annual EEO Risk Assessment Plan, both the Commission and local centers recognize
the need to have a better understanding of how to provide quality services
to customers with disabilities. Collaborative meetings between members and
staff of the Texas Council for Developmental Disabilities and the Texas Workforce
Commission produced a proposal to improve the service provision to people
with disabilities by Workforce programs.
Description of Project:
The project proposes to identify and systematically train Workforce staff
in best practices regarding employment preparation needs for people with disabilities,
resulting in the development and consistent practice of quality inclusive
service provision to all Texans. The Texas Workforce Commission will identify
specific internal and external barriers faced by local one-stop career centers
and design and implement evaluation tools to monitor the impact of efforts
to remove these barriers and improve services. They will develop and provide
all staff with a training curriculum containing available resources and information,
appropriate referral processes, and individualized planning procedures. One
or two sites in Texas will be selected to serve as models, demonstrating best
practices. TWC will maintain a Project Advisory Committee responsible for
offering guidance to project staff. The committee will have representation
from consumers, Vocational Rehabilitation, disability advocacy organizations
and local workforce development boards.
Terms and Funds:
The estimated funding for this project is up to $150,000.00 per year for
three years. Funding requires 25% match from non-federal resources. The initial
funding for this project will begin January 1, 2001. Continuation funding
for this project is not automatic. Consideration for continued funding will
include a review of project's accomplishments, financial management of funds,
review of most recent program audit, review of findings of TCDD's onsite reviews,
and development of alternative funding. Texas Workforce Commission will be
the grantee of record.
For information regarding this announcement, please contact Carl Risinger,
Grants Management Director, and Texas Council for Developmental Disabilities
at (512) 424-4084.
TRD-200100108
Roger A. Webb
Executive Director
Texas Council for Developmental Disabilities
Filed: January 9, 2001
Notice of Request for Independent Reviewers for Welfare-to-Work Proposals
This is to request individuals to serve as Independent Reviewers for Welfare-to-Work
proposals. The review of proposals is scheduled to occur on March 5, 2001
and March 6, 2001. The ratings of the reviewers will be considered by the
Welfare-to-Work Committee of the East Texas Workforce Development Board as
they develop a recommendation for subcontract awards. Reviewers will be paid
$450 per day, plus expenses. Depending on the number of proposals received,
reviewers may be asked to read proposals prior to coming to East Texas for
the formal review. Reviewers will be compensated for this at a rate of $450
per day.
Individuals interested in serving as Independent Reviewers should submit
a resume, along with a cover letter indicating their availability on the proposed
dates. Individuals who have submitted a resume within the past 24 months need
not send a new resume unless there is a need to update the information, but
written notification of availability is required in order to be considered.
Submissions must be in writing and are due at 5:00 p.m. Central Time on
January 26, 2001. Facsimile and e-mail submissions are acceptable. All correspondence
should be sent to the attention of: Gary Allen, Section Chief--Planning and
Board Support, East Texas Council of Governments, 3800 Stone Road, Kilgore,
Texas 75662; phone: (903) 984-8641; fax: (903) 983-1440; e-mail: gary.allen@twc.state.tx.us.
Anyone having questions regarding this process should contact Wendell Holcombe,
Director of Workforce Development Programs, or Gary Allen at the address listed
above.
TRD-200100068
Glynn Knight
Executive Director
East Texas Council of Governments
Filed: January 4, 2001
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.
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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-200100157
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: January 10, 2001
Request for Proposal:
The Texas Department
of Health (department) Division of Tuberculosis Elimination announces a Request
for Proposals (RFP) for the continuation of an information system that works
collaboratively with other organizations to maintain the Binational/Migrant
Tracking and Referral Network in providing patient tracking services and referrals
for these groups. The RFP will be released on or about February 9, 2001.
Brief Description of Services:
The department
intends to continue a border and migrant tuberculosis network, data base,
tracking, and referral system linking all Texas/Mexico border programs, migrant
clinicians and public health providers working within the migrant stream.
These services are used to maintain the computerized registry of all enrolled
border and migrant tuberculosis patients that originate in or are expected
to return to Texas, provide a migrant tuberculosis service directory for case
referral between the U.S. and Mexico, provide expert consultation on case
management issues, perform epidemiological data analysis on data collected,
promote the use of the network and the portable tuberculosis health records.
Eligible Applicants:
Eligible applicants
include public health agencies of State, regional, and local health departments
and non-profit agencies/organizations. Individuals are not eligible to apply.
Limitations:
Approximately $106,000 is expected
to be available to fund a four year project with a twelve month budget. The
specific dollar amount to be awarded to applicant will depend upon the merit
and scope of the proposed project.
Continued funding in future years will be based upon the availability of
funds and documented progress of the project during the prior budget period.
Funding may vary and is subject to change for each budget period.
The department reserves the right to reject any and all offers received
in response to this RFP and to cancel this RFP if it is deemed in the best
interest of the department.
Deadline for Proposals, Term of Contract, and Amount of Award: Proposals
will be due April 11, 2001, at 2:00 P.M. Central Daylight Saving.Time. The
effective date of the contract awarded under this RFP will be July 1, 2001
through June 30, 2002 with an option to renew for an additional three year
period.
Contact Person:
Potential offerors may obtain
a copy of the RFP on or about March 11, 2001. it is preferred that requests
for the RFP be submitted in writing (by mail, fax or e-mail) to: Pamela Ferguson,
Texas Department of Health, RM G-308, 1100 West 49th Street, Austin; Fax:
512/458-77787; E-Mail: pam.ferguson@tdh.state.tx.us.
TRD-200100185
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: January 10, 2001
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TRD-200100187
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: January 10, 2001
Request for Information
The Health and Human Services Commission (Commission) is soliciting recommendations
from governmental entities for establishing a regional health care delivery
system pilot site that coordinates the use of health care resources in a region
of the state, as directed by House Bill 1398, 76th Texas Legislature (1999).
The pilot program must:
(1) emphasize prevention services, continuity of care, and the provision
of a medical home for clients;
(2) maximize the use of local and state funds by obtaining any available
federal matching funds;
(3) be designed to result in long-term cost savings to the participating
entities;
(4) simplify eligibility criteria and streamline eligibility determinations;
and
(5) improve accountability of indigent health care dollars.
The Commission is particularly interested in descriptions of any proposed
or existing regional health care delivery system (RHCDS). If the responding
governmental entity has implemented a system that could serve as a pilot site,
its response should include a description of the governing structure of the
RHCDS, a list of the entities on the RHCDS's governing board, agreement letters
from participating entities, goals, a work plan, and a timeline.
Responses should not be more than 10 pages in length.
Project period
. The Commission intends to
implement the RHCDS pilot program not later than September 1, 2001. The governmental
entity selected to operate the pilot program must submit a final report to
the Commission by September 30, 2002. The final report must include an analysis
of the quality of health care services provided under the pilot program and
an analysis of the cost-effectiveness of providing health care services through
the pilot program.
This is not an offer to contract; however, the Commission reserves the
right to designate a pilot site based on the information it receives.
Submission of Responses
. All responses must
be received by the Commission no later than 5:00 p.m., CST, 30 days from the
date of publication of this notice in the Texas Register. Proposals submitted
after this time will not be accepted. Responses should be sent to: Ms. Linda
Wertz, State Medicaid Director, HHSC, P. O. Box 13247, Austin, Texas 78711-3247.
Telephone: (512) 424-6517.
Agency contact
. Additional information may
be obtained by contacting Kathy McCormick, Texas Department of Health, Indigent
Health Care, Y-990, 1100 W. 49th Street, Austin, Texas 78756-3199, or by telephone
at (512) 338-6452.
TRD-200100183
Marina S. Henderson
Executive Deputy Commissioner
Health and Human Services Commission
Filed: January 10, 2001
Notice of Administrative Hearing
Texas Department of Housing and Community Affairs
Manufactured Housing Division
Wednesday, January 24, 2001, 1:00 p.m.
State Office of Administrative Hearing, Stephen F. Austin Building, 1700
N Congress, 11th Floor, Suite 1100
Austin, Texas
AGENDA
Administrative Hearing before an administrative law judge of the State
Office of Administrative Hearings in the matter of the complaint of the Texas
Department of Housing and Community Affairs vs. Barry Fritts dba R & B
Transport Service to hear alleged violations of Sections 7(d)(e)(f) and 13(f)
of the Act and Section 80.123(e)(1) of the Rules regarding installation of
manufactured homes without obtaining, maintaining or possessing a valid installer's
license, by not applying for an installer's license and not obtaining the
required bond prior to entering into an agreement to install a manufactured
home. SOAH 332-01-1233. Department MHD2000000520UI.
Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512)
475-3589.
TRD-200100161
Daisy A. Stiner
Executive Director
Texas Department of Housing and Community Affairs
Filed: January 10, 2001
Texas Department of Housing and Community Affairs
Manufactured Housing Division
Wednesday, January 24, 2001, 1:00 p.m.
State Office of Administrative Hearing, Stephen F. Austin Building, 1700
N Congress, 11th Floor, Suite 1100
Austin, Texas
AGENDA
Administrative Hearing before an administrative law judge of the State
Office of Administrative Hearings in the matter of the complaint of the Texas
Department of Housing and Community Affairs vs. L.E. Mitchell to hear alleged
violations of Section 4(f) (now known as Sections 4(d) of the Act effective
September 1, 1999) and 7(d) of the Act and Sections 80.54(a) and 80.123(e)
of the Rules regarding installation of manufactured homes without obtaining,
maintaining or possessing a valid installer's license to include improper
installation of a manufactured home. SOAH 332-01-1232. Department MHD200000763UI,
Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512)
475-3589.
TRD-200100162
Daisy A. Stiner
Executive Director
Texas Department of Housing and Community Affairs
Filed: January 10, 2001
Texas Department of Housing and Community Affairs
Manufactured Housing Division
Wednesday, January 24, 2001, 1:00 p.m.
State Office of Administrative Hearing, Stephen F. Austin Building, 1700
N Congress, 11th Floor, Suite 1100
Austin, Texas
AGENDA
Administrative Hearing before an administrative law judge of the State
Office of Administrative Hearings in the matter of the complaint of the Texas
Department of Housing and Community Affairs vs. Anthony Ray Diver dba Diver
Manufactured Housing Service to hear alleged violations of Section 7(d) of
the Act and Section 80.125(e) (now known as Section 80.123(e) of the Rules
effective September 9, 1998) of the Rules regarding installation of manufactured
homes without obtaining, maintaining or possessing a valid installer's license.
SOAH 332-01-1234. Department MHD1999000152UI.
Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512)
475-3589.
TRD-200100163
Daisy A. Stiner
Executive Director
Texas Department of Housing and Community Affairs
Filed: January 10, 2001
Texas Department of Housing and Community Affairs
Manufactured Housing Division
Wednesday, January 31, 2001, 1:00 p.m.
State Office of Administrative Hearing, Stephen F. Austin Building, 1700
N Congress, 11th Floor, Suite 1100
Austin, Texas
AGENDA
Administrative Hearing before an administrative law judge of the State
Office of Administrative Hearings in the matter of the complaint of the Texas
Department of Housing and Community Affairs vs. America's Heartland, Inc.
aka America's Heartland M/H Sales, Inc. to hear alleged violations of Section
4(f) (now known as Sections 4(d) of the Act effective September 1, 1999) and
7(d) of the Act and Sections 80.51 (now known as 80.54(a) of the Rules effective
November 3, 1998), 80.54(a), 80.123(e) and 80.125(e) (now known as Section
80.123(e) of the Rules effective September 9, 1998) of the Rules regarding
installation of manufactured homes without obtaining, maintaining or possessing
a valid installer's license to include improper installation of a manufactured
home. SOAH 332-01-1257. Department MHD1999000181UI, MHD1999000384UI and MHD1999001103UI.
Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512)
475-3589.
TRD-200100164
Daisy A. Stiner
Executive Director
Texas Department of Housing and Community Affairs
Filed: January 10, 2001
NOTICE OF PUBLIC HEARING
Notice is hereby given of a public hearing to be held by the Texas Department
of Housing and Community Affairs (the "Department") at Whitestone Elementary
School Cafeteria, 2000 Crystal Falls Parkway, Leander, Texas 78641 at 7:00
p.m. on, February 12, 2001 with respect to an issue of tax-exempt multifamily
residential rental project revenue bonds in the aggregate principal amount
not to exceed $9,000,000 and taxable bonds, if necessary, in an amount to
be determined, to be issued in one or more series (the "Bonds"), by the Texas
Department of Housing and Community Affairs (the "Issuer"). The proceeds of
the Bonds will be loaned to Hemma, Ltd. (or a related person or affiliate
thereof) (the "Borrower"), a limited partnership, to finance a portion of
the costs of acquiring, constructing and equipping a multifamily housing project
(the "Project") described as follows: 180 unit multifamily residential rental
development to be constructed on approximately 9 acres of land located at
901 Crystal Falls Parkway, Leander, Williamson County, Texas 78641. The Project
will be initially owned and operated by Hemma, Ltd. (or a related person or
affiliate thereof). The Project will be managed by Lincoln Property Management.
All interested parties are invited to attend such public hearing to express
their views with respect to the Project and the issuance of the Bonds. Questions
or requests for additional information may be directed to Robert Onion at
the Texas Department of Housing and Community Affairs, 507 Sabine, Austin,
Texas 78701; (512) 475-3872.
Persons who intend to appear at the hearing and express their views are
invited to contact Robert Onion in writing in advance of the hearing. Any
interested persons unable to attend the hearing may submit their views in
writing to Robert Onion prior to the date scheduled for the hearing.
Individuals who require auxiliary aids in order to attend this meeting
should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943 or
Relay Texas at 1 800 735-2989 at least two days before the meeting so that
appropriate arrangements can be made.
http://www.tdhca.state.tx.us/hf.htm
TRD-200100155
Daisy A. Stiner
Executive Director
Texas Department of Housing and Community Affairs
Filed: January 10, 2001
Request For Qualifications (RFQ)
AGENCY:
The Houston-Galveston Area Council (H-GAC)
CONTACT:
Jerry Bobo, Transportation Program Manager, 3555 Timmons Lane, Suite 500,
Houston, Texas, 77027, (713) 993-4571
DESCRIPTION:
The Houston-Galveston Area Council (H-GAC) as the Metropolitan Planning
Organization (MPO) is requesting written qualifications from firms in the
area of traffic management systems and urban design. The objective of this
RFQ is to compile a list of qualified firms to be considered for the Westheimer
Corridor Mobility Study. The study area for this Westheimer Corridor Mobility
Study project shall consist of the roadways of Westheimer Road, Richmond,
Westpark, San Felipe/ Briar Forest, and Woodway/Memorial. Their East/West
boundaries shall be Loop 610 W on the east and SH 6 on the West.
The consultant (team) will be required to have knowledge and expertise
in many areas. Therefore, recommended criteria for the consultants on this
project have been outlined. The necessary areas of required experience include:
(1) Intersection Geometric Improvements;
(2) Median Opening Modifications; Access Control Modifications;
(3) Traffic Signal Modifications;
(4) Transit System Modifications;
(5) Intelligent Transportation System Improvements;
(6) Travel Demand Management Programs; and
(7) Alternative Corridor Improvements.
The RFQ can be downloaded on H-GAC's Transportation Center website at www.hgac.cog.tx.us/transportation/page4.html.
Also, a copy of the RFQ can be obtained at the H-GAC offices at 3555 Timmons
Lane, Suite 500, Houston, Texas, 77027, or by contacting Mr. Jerry Bobo at
(713) 993-4571.
A pre-proposal meeting is scheduled for Wednesday, January 24, 2001 at
2:00 p.m. at H-GAC's Conference Room A, 2nd Floor of 3555 Timmons Lane, Houston,
Texas 77027. A short presentation will be followed by a question and answer
session for consultants. Please RSVP to Mr. Jerry Bobo at (713) 993-4571,
if you plan to attend. The closing date for submission of qualifications is
Thursday, February 15, 2001 promptly at 2:00 p.m.
TRD-200100062
Alan C. Clark
MPO Director
Houston-Galveston Area Council
Filed: January 4, 2001
Insurer Services
Application to change the name of MUTUAL INSURANCE CORPORATION OF AMERICA
to AMERICAN PHYSICIANS ASSURANCE CORPORATION, a foreign fire and casualty
company. The home office is in East Lansing, Michigan.
Application to change the name of SIGNET STAR REINSURANCE COMPANY to BERKLEY
INSURANCE COMPANY, a foreign fire and casualty company. The home office is
in Wilmington, Delaware.
Application to change the name of AGRICULTURAL INSURANCE COMPANY to GREAT
AMERICAN ASSURANCE COMPANY, a foreign fire and casualty company. The home
office is in Cincinnati, Ohio.
Application to change the name of AMERICAN ALLIANCE INSURANCE COMPANY to
GREAT AMERICAN ALLIANCE INSURANCE COMPANY, a foreign fire and casualty company.
The home office is in Cincinnati, Ohio.
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-200100159
Judy Woolley
Chief Clerk
Texas Department of Insurance
Filed: January 10, 2001
Docket No. 454-01-1450.G
Notice is hereby given that a hearing under Docket No. 454-01-1450.G will
be held before an administrative law judge (ALJ) of the State Office of Administrative
Hearings (SOAH) at 9:00 a.m. on April 10, 2001 and continuing thereafter at
dates, times and places designated by the ALJ until conclusion. The purpose
of the hearing is consideration of adoption of the manual rates for private
passenger and commercial classes of risks provided through the Texas Automobile
Insurance Plan Association (TAIPA). The hearing will be held at SOAH, Suite
1100 of the Stephen F. Austin State Office Building at 1700 N. Congress Avenue,
Austin, Texas 78701.
Authority, Jurisdiction and Statutes and Rules Involved
The Commissioner of Insurance (commissioner) has jurisdiction and legal
authority over the subject matter of this hearing pursuant to the Texas Insurance
Code, Article 21.81 §5. Pursuant to Sections 40.001 - 40.060 of the Texas
Insurance Code, SOAH shall conduct the hearing. Statutes involved include
Articles 21.81 and 5.131 and subchapter A of Chapter 5 of the Texas Insurance
Code.
The procedure of the hearing will be governed by Texas Insurance Code,
Sections 40.001 - 40.060, the Rules of Practice and Procedure For Industry-Wide
Rate Cases before the Department of Insurance (Texas Administrative Code,
Title 28, Chapter 1, Subchapter A), the Memorandum of Understanding between
the Department and SOAH (Texas Administrative Code, Title 28, Chapter 1, §1.90),
the Administrative Procedure Act (Texas Gov't Code, Ch. 2001), and SOAH's
Rules of Practice and Procedure (Texas Administrative Code, Title 1, Chapters
155 through 163).
Matters to be Considered
The commissioner will consider testimony presented and information filed
by TAIPA, the Office of Public Insurance Counsel and other interested parties
relating to the determination of rates for private passenger and commercial
automobile insurance provided through the TAIPA, including the spreading of
the rates among relevant classifications and territories. The commissioner
has the statutory authority and duty pursuant to the Texas Insurance Code,
Article 21.81 §5 to promulgate the rates to be charged for insurance
provided through the TAIPA, including private passenger and commercial automobile
insurance, after notice and hearing. Relevant data to be used in the rate
case will be available from the department.
The commissioner has the statutory authority and duty pursuant to the Texas
Insurance Code, Article 21.81, to determine and prescribe rates that are just,
reasonable, adequate, not excessive, not confiscatory and not unfairly discriminatory
for the risks to which they apply; and to set rates in an amount sufficient
to carry all claims to maturity and to meet the expenses incurred in the writing
and servicing of the business.
The commissioner requests evidence on the following additional matters
to be determined at the hearing:
1.The effect of tort reform legislation in determining rates.
2. Impact of changes in the size of the TAIPA plan population on rate level
calculations, such as premium on-level factors, trend factors, trending dates
(e.g., the average date of loss of the experience years) and other ratemaking
elements.
3. The effect, if any, on rate indications of the 1999 change in the NAIC's
reporting requirements for loss adjustment expenses.
4. Provide evidence regarding rates that promote access to full insurance
coverage and that are fair and reasonable for underserved areas, as provided
in Texas Insurance Code Article Section 37.052(c).
5. The relative number of drivers who are removed from TAIPA by the mandatory
and voluntary take out programs, and the effect on rate needs.
6. The loss ratios at current benchmark rate levels of commercial risks
written through TAIPA.
7. Potential rate impact and the effect on individual classes of TAIPA
drivers in the event Rule 42 of the Texas Automobile Rules and Rating Manual
were amended to apply surcharge percentages for accidents and convictions
based on the Class 1A driver rate in a manner similar to Rule 75(I)(7), (8),
and (9). In other words, in the event that both the base rate for calculation
and the surcharge percentage may be adjusted, address the adjustments necessary
to keep TAIPA rates revenue neutral. Also address the surcharge percentages
to be applied in the event of accidents and convictions.
8. Issues relevant to TAIPA, which are raised in the Notice of Hearing
for the Benchmark Auto Rate Case.
9. Review of the actual historical rate of return of the property/casualty
insurance industry on both a statutory accounting principles (SAP) and generally
accepted accounting principles (GAAP) basis in comparison to prevailing short,
medium and long-term interest rates, actual return on investments earned by
investors in property/casualty insurance stock companies, actual GAAP return
on equity earned by other industries, and actual GAAP return on equity by
all industries combined. Provide the available data with any associated calculations
and analyses.
10. The relative risk of the property/casualty insurance industry in comparison
to other industries and all industries combined as viewed by an investor,
defined as either a purchaser of stock or some other contributor of capital
to the insurance enterprise.
11. Review of market-based indications of the cost of capital such as Capital
Asset Pricing Model (CAPM) and Discounted Cash Flow analyses. If a CAPM analysis
is used to estimate the cost of capital, describe in depth the basis for the
risk premium used in the analysis. If the risk premium is based on historical
risk premium data, describe:
a) the basis for the length of the historical period included in the analysis,
and the impact and reasonableness of using alternative time periods, and
b) the basis for the use of either an arithmetic or geometric mean, including
a discussion of the extent to which the difference between the two is a function
of variability of returns over time.
1) If authorities are cited with regard to the use of arithmetic and/or
geometric means in deriving a risk premium, describe the extent to which such
authorities are referring specifically to the establishment of a guideline
rate for an industry, as opposed to an actual rate for an individual economic
entity.
2) Describe the extent to which use of a mean which is higher due to variability
of returns over time effectively rewards or facilitates variability, and is
or is not consistent with a basic purpose underlying the establishment of
benchmark rates, which is to promote stability in rates.
12. The impact of the property/casualty insurance industry's debt to equity
ratio and liabilities to equity ratio currently and over time on the recommendation
for a target rate of return. If cost of capital considerations include reliance
upon a sample group of companies, such reliance should be supported with information
regarding:
a) the extent to which the sample companies have incorporated debt into
their capital structures, and
b) the relative leverage of the property/casualty operating companies owned
by the sample companies when compared with the property/casualty industry
as a whole, with leverage measured by the ratio of premiums plus reserves
(loss, loss adjustment, and unearned premium reserves) to consolidated policyholder
surplus.
13. Review of the actual historical net investment income earned, including
interest and dividends earned, and realized and unrealized capital gains,
by the property/casualty insurance industry in comparison to prevailing short,
medium and long-term interest rates. Provide the available data with any associated
calculations and analyses.
14. Review of the historical premium to surplus and reserves to surplus
ratios of the property/casualty insurance industry.
15. Comparison of the recommended leverage ratios with those that would
result from an allocation of total property/casualty industry surplus by line
of insurance based upon the combination of net premiums earned plus mean net
reserves, plus the ratios which result from any additional adjustments necessary
for Texas-specific variations in countrywide relationships and/or to reflect
the effects of converting SAP surplus to GAAP net worth.
16. Translation of recommended leverage factors into other common leverage
factors. Examples:
1) If a specific premium-to-surplus ratio is recommended, show also the
equivalent premium-to-GAAP net worth ratio and the equivalent reserves-to-surplus
ratio.
2) If a specific premium-to-GAAP net worth ratio is recommended, show also
the equivalent premium-to-surplus ratio and the equivalent reserves-to-surplus
ratio.
3) If a specific reserves-to-surplus ratio is recommended, show also the
equivalent premium-to-surplus ratio and the equivalent premium-to-GAAP net
worth.
17) Review of historical underwriting profit results for Texas and countrywide
in the coverages for which underwriting profit provisions are recommended.
Motions for Admission as a Party
Anyone who wishes to participate in the hearing as a party must file a
motion for admission as a party by 5:00 p.m. on March 1, 2001.
Prehearing Conference
An initial prehearing conference will be held before the ALJ at 10:00 a.m.
on March 6, 2001, at the State Office of Administrative Hearings, Suite 1100
of the Stephen F. Austin State Office Building at 1700 N. Congress Avenue,
Austin, Texas 78701. The prehearing conference will be held for the following
purposes:
(1) ruling on all motions for admission of parties;
(2) setting the procedural deadlines for discovery, motions, and prefiled
testimony; and
(3) such other matters as will promote the orderly and prompt conduct of
the hearing.
Additional prehearing conferences will be scheduled as the ALJ deems necessary
to rule on other matters as may aid in the simplification of the proceedings.
Commissioner's Policies
Pursuant to Tex. Gov't Code §2001.058 (c), the commissioner is required
to provide the ALJ with a written statement of applicable rules and policies.
The applicable procedural rules are set out above. The commissioner's policies
regarding the setting of rates for insurance provided through the TAIPA are
set out below. The purpose of this policy statement is to put the ALJ and
parties on notice regarding the commissioner's policies to provide advance
notice of the type of evidence parties should present in the hearing. This
policy statement, however, is not intended to limit the type of evidence a
party may offer at the hearing. The pertinent commissioner's policies are
as follows:
1. It is the commissioner's policy to consider all relevant evidence and
issues in making a determination of rates. To ensure a complete record, the
commissioner requests the ALJ to:
(a) take judicial notice of 28 Texas Administrative Code §§5.9800
- 5.9811 (frequently referred to as the "Rate Reduction Rules"); Commissioner's
Order No. 96-0591, dated May 29, 1996; Commissioner's Order No. 97-1272, dated
December 18, 1997; Commissioner's Order No. 98-1494, dated December 22, 1998;
and Commissioner's Order No. 00-1044, dated September 8, 2000, as superseded
in part by Commissioner's Order No. 00-1098, dated September 22, 2000.
(b) ensure that exhibits accompanying testimony from the parties' witnesses,
including their underlying work papers, are submitted and are made available
in both paper and electronic format. The format should be 3.5 inch high density
diskette in a DOS or Windows spreadsheet or other format readable by a machine
running DOS or Windows. Parameters, assumptions and references to underlying
data should be identifiable in the electronic exhibits.
2. It is the commissioner's policy that so-called "Fast Track" data reports
not be used directly in the rate development analysis. Trend analysis should
rely upon trend data reported to the department and provided by the department
to the parties. Fast Track data are not intended for ratemaking and represent
only a portion of industry experience.
3. It is the commissioner's policy that if underwriting profit provisions
are calculated to reflect a target return on equity measured under GAAP, estimates
of future expense ratios, to the extent these estimates are based upon historical
expense experience, shall be based upon historical ratios of expenses to written
premiums. Alternatively, if estimates of future expenses are based upon historical
ratios of expenses to earned premium, then the underwriting profit provision
shall be adjusted in consideration of expected increases in prepaid expenses
which are recognized as an asset under GAAP.
Conduct of the Hearing
Each page of any exhibit offered in evidence at a hearing before the Commissioner
of Insurance, including prefiled testimony, must be numbered consecutively
at the center of the bottom margin, be on 8 1/2" by 11" paper, and must be
three-hole-punched along the left margin. The front page of each exhibit should
indicate that the exhibit would be part of the record of a public hearing
before the Commissioner of Insurance and should identify the subject of the
hearing, the docket number, the date of the hearing, and the party offering
the exhibit. On the front page, the party offering the exhibit should also
describe the exhibit and leave a space for numbering the exhibit. For example:
Public Hearing before the Commissioner of Insurance
Subject of Hearing: Texas Automobile Insurance Plan Association Rate Hearing
Docket No. _______
Date: _________
Exhibit # ____________
Description of Exhibit __________
Parties offering exhibits into evidence at the hearing should be prepared
with sufficient copies of each proposed exhibit to furnish the following:
1. the original exhibit, which will be tendered to the ALJ for marking
and retention for the official record, after which the attorneys shall use
an exact photocopy of such marked exhibit in the examination of the witness;
2. one copy each for every other party admitted to the hearing.
3. In addition, each party should file with the Office of Chief Clerk,
TDI, Room 1300, 333 Guadalupe, Austin, Texas, six copies of each exhibit prefiled
in this case.
All deadlines in this notice are subject to change at the ALJ's discretion
to the extent permitted by statute and rule.
In contested cases, all parties are entitled to the assistance of their
counsel before administrative agencies. This right may be expressly waived.
TRD-200100141
Judy Woolley
Deputy Chief Clerk
Texas Department of Insurance
Filed: January 9, 2001
Instant Game Number 217--"Mega Money"
1.0. Name and Style of Game.
A. The name of Instant Game Number 217 is "MEGA MONEY". The play style
of Game 1 is "beat score", Game 2 is "add up", Game 3 is "match 3 like amounts",
Game 4 is "tic-tac-toe", Game 5 is "match 3 like amounts", and Quick $20 is
an "automatic win".
1.1. Price of Instant Ticket.
A. Tickets for Instant Game Number 217 shall be $5.00 per ticket.
1.2. Definitions in Instant Game Number 217.
A. Display Printing--That area of the instant game ticket outside of the
area where the Overprint and Play Symbols appear.
B. Latex Overprint--The removable scratch-off covering over the Play Symbols
on the front of the ticket.
C. Play Symbol--One of the symbols which appears under the Latex Overprint
on the front of the ticket. Each Play Symbol is printed in Symbol font in
black ink in positive. The possible play symbols are: 1, 2, 3, 4, 5, 6, 7,
8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, $1.00, $2.00,
$4.00, $5.00, $10.00, $20.00, $50.00, $100, $500, $5,000, $50,000, MONEY BAG
SYMBOL, WALLET SYMBOL, CLOCK SYMBOL, and KEY SYMBOL.
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
[graphic]
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
[graphic]
Low-tier winning tickets use the required codes listed in Table 2. Non-winning
tickets and high-tier tickets use a non-required combination of the required
codes listed in Table 2 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 digit security number
which will be boxed and placed randomly within the Serial Number. The remaining
nine 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 $5.00, $8.00, $10.00, or $20.00.
H. Mid-Tier Prize--A prize of $50.00, $100, or $500.
I. High-Tier Prize--A prize of $1,000, $5,000, or $50,000.
J. Bar Code--A 22 character interleaved two of five bar code which will
include a three digit game ID, the seven digit pack number, the three digit
ticket number and the nine digit Validation Number. The bar code appears on
the back of the ticket.
K. Pack-Ticket Number--A 13 digit number consisting of the three digit
game number (217), a seven digit pack number and a three digit ticket number.
Ticket numbers start with 000 and end with 074 within each pack. The format
will be: 217-0000001-000.
L. Pack--A pack of "MEGA MONEY" Instant Game tickets contain 75 tickets,
which are packed in plastic shrink-wrapping and fanfolded in pages of one.
The packs will alternate. One will show the front of ticket 000 and back of
074 while the other fold will show the back of ticket 000 and front of 074.
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 "MEGA
MONEY" Instant Game Number 217 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 "MEGA MONEY" Instant Game is determined once the latex on the ticket
is scratched off to expose 46 play symbols. In Game 1, if the player's YOUR
SCORE is higher than THEIR SCORE, in the same row, the player wins PRIZE shown
for that row. In Game 2, in each row, if player's YOUR TOTAL equals 7 or 11,
the player wins PRIZE shown for that row. In Game 3, if the player matches
3 like dollar amounts, the player wins that amount. In Game 4, if the player
gets 3 like dollar amounts in a row, column, or diagonal, the player wins
that amount. In Game 5, if the player matches 3 like dollar amounts, the player
wins that amount. In QUICK $20, if the player gets a MONEY BAG SYMBOL, the
player wins $20 automatically. 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 46 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 46 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 46 Play Symbols must be exactly one of those described
in Section 1.2.C of these Game Procedures.
17. Each of the 46 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. There will be no correlation between a prize symbol and the play symbol
it appears with.
C. In Game 1, there will be no duplicate non-winning prize symbols.
D. In Game 1, there will be no duplicate YOUR SCORE play symbols.
E. In Game 1, there will be no duplicate THEIR SCORE play symbols.
F. In Game 1, there will be no ties in a row.
G. In Game 2, there will be no duplicate non-winning prize symbols.
H. In Game 2, there will be no duplicate rows in any order.
I. In Game 3 and Game 5, there will be no four or more like play symbols
on a ticket.
J. In Game 3 and Game 5, there will be no more than two pairs of like play
symbols on a ticket.
K. In Game 4, there will be no more than three like prize symbols.
L. In Game 4, there will be no more than two like non-winning prize symbols.
2.3. Procedure for Claiming Prizes.
A. To claim a "MEGA MONEY" Instant Game prize of $5.00, $8.00, $10.00,
$20.00, $50.00, $100, or $500, a claimant shall sign the back of the ticket
in the space designated on the ticket and present the winning ticket to any
Texas Lottery Retailer. The Texas Lottery Retailer 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 $50.00, $100, or $500 ticket. In the event the Texas Lottery Retailer cannot
verify the claim, the Texas Lottery Retailer shall provide the claimant with
a claim form and instruct the claimant on how to file a claim with the Texas
Lottery. If the claim is validated by the Texas Lottery, a check shall be
forwarded to the claimant in the amount due. In the event the claim is not
validated, the claim shall be denied and the claimant shall be notified promptly.
A claimant may also claim any of the above prizes under the procedure described
in Section 2.3.B and 2.3.C of these Game Procedures.
B. To claim a "MEGA MONEY" Instant Game prize of $1,000, $5,000, or $50,000,
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 "MEGA MONEY" 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.
2.4. Allowance for Delay of Payment. The Texas Lottery may delay payment
of the prize pending a final determination by the Executive Director, under
any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur,
regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented
for payment; or
D. if the claim is subject to any deduction from the payment otherwise
due, as described in Section 2.3.D of these Game Procedures. No liability
for interest for any delay shall accrue to the benefit of the claimant pending
payment of the claim.
2.5. Payment of Prizes to Persons Under 18. If a person under the age of
18 years is entitled to a cash prize of less than $600 from the "MEGA MONEY"
Instant Game, the Texas Lottery shall deliver to an adult member of the minor's
family or the minor's guardian a check or warrant in the amount of the prize
payable to the order of the minor.
2.6. If a person under the age of 18 years is entitled to a cash prize
of more than $600 from the "MEGA MONEY" Instant Game, the Texas Lottery shall
deposit the amount of the prize in a custodial bank account, with an adult
member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7. Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game. Any prize not claimed
within that period, and in the manner specified in these Game Procedures and
on the back of each ticket, shall be forfeited.
3.0. Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game ticket in the space designated therefor, a ticket shall be owned
by the physical possessor of said ticket. When a signature is placed on the
back of the ticket in the space designated therefor, the player whose signature
appears in that area shall be the owner of the ticket and shall be entitled
to any prize attributable thereto. Notwithstanding any name or names submitted
on a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated therefor.
If more than one name appears on the back of the ticket, the Executive Director
will require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0. Number and Value of Instant Prizes. There will be approximately 20,040,000
tickets in the Instant Game Number 217. The expected number and value of prizes
in the game are as follows:
Table 3
[graphic]
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 Number 217 without
advance notice, at which point no further tickets in that game may be sold.
6.0. Governing Law. In purchasing an Instant Game ticket, the player agrees
to comply with, and abide by, these Game Procedures for Instant Game Number
217, 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-200100069
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: January 4, 2001
1.0 Name and Style of Game.
A. The name of Instant Game No. 232 is "FA$T CA$H". The play style of the
game is "if any of YOUR NUMBERS match the LUCKY NUMBER, win prize for that
number. Get a flash symbol and win that prize automatically."
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 232 shall be $1.00 per ticket.
1.2 Definitions in Instant Game No. 232.
A. Display Printing - That area of the instant game ticket outside of the
area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols
on the front of the ticket.
C. Play Symbol - One of the symbols which appears under the Latex Overprint
on the front of the ticket. Each Play Symbol is printed in Symbol font in
black ink in positive. The possible play symbols are: 1, 2, 3, 4, 5, 6, 7,
8, 9, 10, 11, 12, flash symbol, $1.00, $2.00, $5.00, $10.00, $15.00, $25.00,
$50.00, $100, and $500.
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
[graphic] Figure 1:16 TAC GAME NO. 232 - 1.2D
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.
[graphic] Figure 2:16 TAC GAME NO. 232 - 1.2E
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 $1.00, $2.00, $5.00, $8.00, $10.00, or $15.00.
H. Mid-Tier Prize - A prize of $25.00, $50.00, $100 or $500.
I. High-Tier Prize - There are no high-tier prizes in this game.
J. Bar Code - A 22 character interleaved two (2) of five (5) bar code which
will include a three (3) digit game ID, the seven (7) digit pack number, the
three (3) digit ticket number and the nine (9) digit Validation Number. The
bar code appears on the back of the ticket.
K. Pack-Ticket Number - A thirteen (13) digit number consisting of the
three (3) digit game number (232), a seven (7) digit pack number and a three
(3) digit ticket number. Ticket numbers start with 000 and end with 249 within
each pack. The format will be : 232-0000001-000.
L. Pack - A pack of "FA$T CA$H" Instant Game tickets contain 250 tickets,
which are packed in plastic shrink-wrapping and fanfolded in pages of fives.
Tickets 000 - 004 will be on the top page and tickets 005 - 009 will be on
the next page and so forth with tickets 245 - 249 on the last page.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning
ticket or a ticket that does not meet all of the requirements of these Game
Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and
applicable rules adopted by the Texas Lottery pursuant to the State Lottery
Act and referenced in 16 TAC, Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "FA$T
CA$H" Instant Game No. 232 ticket.
2.0 Determination of Prize Winners. The determination of prize winners
is subject to the general ticket validation requirements set forth in Texas
Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements
set out on the back of each instant ticket. A prize winner in the "FA$T CA$H"
Instant Game is determined once the latex on the ticket is scratched off to
expose nine (9) play symbols. The play style of the game is "if any of YOUR
NUMBERS match the LUCKY NUMBER, win prize for that number. Get a flash symbol
and win that prize automatically." No portion of the display printing nor
any extraneous matter whatsoever shall be usable or playable as a part of
the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 9 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 9 Play
Symbols under the latex overprint on the front portion of the ticket, exactly
one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket
Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with
the Texas Lottery's Serial Numbers for winning tickets, and a ticket with
that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective
or printed or produced in error;
16. Each of the 9 Play Symbols must be exactly one of those described in
Section 1.2.C of these Game Procedures.
17. Each of the 9 Play Symbols on the ticket must be printed in the Symbol
font and must correspond precisely to the artwork on file at the Texas Lottery;
the ticket Serial Numbers must be printed in the Serial font and must correspond
precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket
Number must be printed in the Pack-Ticket Number font and must correspond
precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot
for spot.
B. No duplicate non-winning Your Numbers on a ticket.
C. No duplicate non-winning prize symbols on a ticket.
D. Non-winning prize symbols will not match a winning prize symbol on a
ticket.
E. The auto win symbol will never appear more than once on a ticket.
2.3 Procedure for Claiming Prizes.
A. To claim a "FA$T CA$H" Instant Game prize of $1.00, $2.00, $5.00, $8.00,
$10.00, $15.00, $25.00, $50.00, $100, and $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 $50.00, $100 or $500 ticket. In the event the Texas Lottery Retailer
cannot verify the claim, the Texas Lottery Retailer shall provide the claimant
with a claim form and instruct the claimant on how to file a claim with the
Texas Lottery. If the claim is validated by the Texas Lottery, a check shall
be forwarded to the claimant in the amount due. In the event the claim is
not validated, the claim shall be denied and the claimant shall be notified
promptly. A claimant may also claim any of the above prizes under the procedure
described in Section 2.4.B of these Game Procedures.
B. As an alternative method of claiming a "FA$T CA$H" 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.
C. 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
D. If a person is indebted or owes delinquent taxes to the State, other
than those specified in the preceding paragraph, the winnings of a person
shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment
of the prize pending a final determination by the Executive Director, under
any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur,
regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented
for payment; or
D. if the claim is subject to any deduction from the payment otherwise
due, as described in Section 2.4.C of these Game Procedures. No liability
for interest for any delay shall accrue to the benefit of the claimant pending
payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of
18 years is entitled to a cash prize of less than $600 from the "FA$T CA$H"
Instant Game, the Texas Lottery shall deliver to an adult member of the minor's
family or the minor's guardian a check or warrant in the amount of the prize
payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of
more than $600 from the "FA$T CA$H" Instant Game, the Texas Lottery shall
deposit the amount of the prize in a custodial bank account, with an adult
member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game. Any prize not claimed
within that period, and in the manner specified in these Game Procedures and
on the back of each ticket, shall be forfeited.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game ticket in the space designated therefor, a ticket shall be owned
by the physical possessor of said ticket. When a signature is placed on the
back of the ticket in the space designated therefor, the player whose signature
appears in that area shall be the owner of the ticket and shall be entitled
to any prize attributable thereto. Notwithstanding any name or names submitted
on a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated therefor.
If more than one name appears on the back of the ticket, the Executive Director
will require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 20,160,000
tickets in the Instant Game No. 232. The expected number and value of prizes
in the game are as follows:
Table 3 of this section
[graphic] Figure 3:16 TAC GAME NO. 232- 4.0
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. 232 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. 232,
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-200100071
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: January 4, 2001
1.0 Name and Style of Game.
A. The name of Instant Game No. 233 is "CUPID CASH". The play style is
a key symbol match with auto win".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 233 shall be $1.00 per ticket.
1.2 Definitions in Instant Game No. 233.
A. Display Printing - That area of the instant game ticket outside of the
area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols
on the front of the ticket.
C. Play Symbol - One of the symbols which appears under the Latex Overprint
on the front of the ticket. Each Play Symbol is printed in Symbol font in
black ink in positive. The possible play symbols are: 1, 2, 3, 4, 5, 6, 7,
8, 9, 10, 11, 12, $1.00, $2.00, $3.00, $5.00, $10.00, $20.00, $100, $1,000,
and LOVE SYMBOL.
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
Figure 1:16 TAC GAME NO. 233 - 1.2D
[graphic]
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.
Figure 2:16 TAC GAME NO. 233 - 1.2E
[graphic]
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 $1.00, $2.00, $3.00, $5.00, $10.00, or $20.00.
H. Mid-Tier Prize - A prize of $50.00, $100, or $500.
I. High-Tier Prize - A prize of $1,000.
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 (233), a seven (7) digit pack number and a three
(3) digit ticket number. Ticket numbers start with 000 and end with 074 within
each pack. The format will be : 233-0000001-000.
L. Pack - A pack of "CUPID CASH" Instant Game tickets contain 250 tickets,
which are packed in plastic shrink-wrapping and fanfolded in pages of five.
The packs will alternate. One will show the front of ticket 000 and back of
250 while the other fold will show the back of ticket 000 and front of 250.
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 "CUPID
CASH" Instant Game No. 233 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 "CUPID CASH"
Instant Game is determined once the latex on the ticket is scratched off to
expose six (6) play symbols. If any of the player's YOUR NUMBERS match CUPID'S
NUMBER, the player will win the prize shown. If the player gets a LOVE symbol,
the player will win that prize automatically. 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 46 (forty six) 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 46 (forty
six) 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 46 (forty six) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures.
17. Each of the 46 (forty six) 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. There will be no duplicate non-winning YOUR NUMBERS play symbols on
a ticket.
C. There will be no duplicate non-winning prize symbols on a ticket.
D. The auto win symbol will appear only on intended winning tickets.
E. Non-winning prize symbols will not match a winning prize symbol on a
ticket.
2.3 Procedure for Claiming Prizes.
A. To claim a "CUPID CASH" Instant Game prize of $1.00, $2.00, $3.00, $5.00,
$10.00, $20.00, $100, or $500, a claimant shall sign the back of the ticket
in the space designated on the ticket and present the winning ticket to any
Texas Lottery Retailer. The Texas Lottery Retailer 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 $50.00, $100 or $500 ticket. In the event the Texas Lottery Retailer cannot
verify the claim, the Texas Lottery Retailer shall provide the claimant with
a claim form and instruct the claimant on how to file a claim with the Texas
Lottery. If the claim is validated by the Texas Lottery, a check shall be
forwarded to the claimant in the amount due. In the event the claim is not
validated, the claim shall be denied and the claimant shall be notified promptly.
A claimant may also claim any of the above prizes under the procedure described
in Section 2.3.B and 2.3.C of these Game Procedures.
B. To claim a "CUPID CASH" Instant Game prize of $1,000, the claimant must
sign the winning ticket and present it at one of the Texas Lottery's Claim
Centers. If the claim is validated by the Texas Lottery, payment will be made
to the bearer of the validated winning ticket for that prize upon presentation
of proper identification. When paying a prize of $600 or more, the Texas Lottery
shall file the appropriate income reporting form with the Internal Revenue
Service (IRS) and shall withhold federal income tax at a rate set by the IRS
if required. In the event that the claim is not validated by the Texas Lottery,
the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "CUPID CASH" 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.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment
of the prize pending a final determination by the Executive Director, under
any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur,
regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented
for payment; or
D. if the claim is subject to any deduction from the payment otherwise
due, as described in Section 2.3.D of these Game Procedures. No liability
for interest for any delay shall accrue to the benefit of the claimant pending
payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of
18 years is entitled to a cash prize of less than $600 from the "CUPID CASH"
Instant Game, the Texas Lottery shall deliver to an adult member of the minor's
family or the minor's guardian a check or warrant in the amount of the prize
payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of
more than $600 from the "CUPID CASH" Instant Game, the Texas Lottery shall
deposit the amount of the prize in a custodial bank account, with an adult
member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game. Any prize not claimed
within that period, and in the manner specified in these Game Procedures and
on the back of each ticket, shall be forfeited.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game ticket in the space designated therefor, a ticket shall be owned
by the physical possessor of said ticket. When a signature is placed on the
back of the ticket in the space designated therefor, the player whose signature
appears in that area shall be the owner of the ticket and shall be entitled
to any prize attributable thereto. Notwithstanding any name or names submitted
on a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated therefor.
If more than one name appears on the back of the ticket, the Executive Director
will require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 15,120,000
tickets in the Instant Game No. 233. The expected number and value of prizes
in the game are as follows: Table 3 of this section
Figure 3:16 TAC GAME NO. 233- 4.0
[graphic]
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. 233 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. 233,
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-200100070
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: January 4, 2001
Correction of Error
The Texas Natural Resource Conservation Commission published a Notice of
Public Hearing - Aquilla Reservoir TMDL in the December 15, 2000,
Texas Register
(25 TexReg 12519).
The deadline for submission of comments was incorrectly published as January
17,
2000
. The correct date is January 17,
"All comments must be received by 5:00 p.m. on January 17, 2001, and should
reference 2000-1342-TML."
TRD-200100151
An agreed order was entered regarding HIBAH, INCORPORATED, Docket No. 1999-
0684-PST-E; TNRCC ID NO. 0066479 on December 19, 2000 assessing $1,000 in
administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
RANDY NORWOOD, Enforcement Coordinator at (512)239-1879, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding SHELL WESTERN E & P, Docket No.
2000-0848- AIR-E; AIR ACCOUNT NO. HN-0294-O on December 19, 2000 assessing
$5,000 in administrative penalties with $1,000 deferred.
Information concerning any aspect of this order may be obtained by contacting
STACEY YOUNG, Enforcement Coordinator at (512)239-1899, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding THOMAS M. CHALKLEY AND ALFRED B.
CHALKLEY DBA ARROWHEAD VILLAGE, Docket No. 1999-1571-PWS-E; TNRCC PWS ID NO.
0460011 on December 19, 2000 assessing $6,600 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
REBECCA PETTY, Staff Attorney at (512)239-1738, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF BUDA, Docket No. 2000-0399-PWS-E;
WATER SYSTEM ID NO. 1050012 on December 19, 2000 assessing $3,188 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
LAWRENCE KING, Enforcement Coordinator at (512)339-2929, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF GRANITE SHOALS, Docket No.
2000- 0458-PWS-E; PWS NO. 0270107 on December 19, 2000 assessing $688 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
LAWRENCE KING, Enforcement Coordinator at (512)339-2929, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding GRAPEVINE LAKE ESTATES WATER SUPPLY
CORP., Docket No. 2000-0207-PWS-E; PWS NO. 2200050 on December 19, 2000 assessing
$1,250 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
WENDY COOPER, Regional Contact at (817)469-6750, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding SAM RAYBURN WATER, INC. DBA HICKORY
HOLLOW WATER SUPPLY, Docket No. 2000-0352-PWS-E; PWS NO. 2030005 on December
19, 2000 assessing $438 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
SUSAN KELLY, Enforcement Coordinator at (409)899-8704, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding INGRAM INDEPENDENT SCHOOL DISTRICT,
Docket No. 2000-0656-PWS-E; PWS ID NO. 1330100 on December 19, 2000 assessing
$313 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
GLORIA STANFORD, Enforcement Coordinator at (512)239-1871, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding INDERJEET & MANSUKH SINGH DBA
KOUNTRY KWIK, Docket No. 2000-0756-PWS-E; PWS NO. 1012461 on December 19,
2000 assessing $1,250 in administrative penalties with $250 deferred.
Information concerning any aspect of this order may be obtained by contacting
SUBHASH JAIN, Enforcement Coordinator at (512)239-5867, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding MRS. JANICE MUSGROVE & THE ESTATE
OF MR. JIMMY MUSGRAVE DBA OAKS & ELMS MOBILE HOME PARK, Docket No. 1999-
1552-PWS-E; PWS ID NO. 0190065 on December 19, 2000 assessing $700 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
CAROLYN LIND, Enforcement Coordinator at (903)535-5145, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF KENNARD, Docket No. 1999-1509-
MLM-E; PWS NO. 1130011; TPDES Permit No. 11474-001 (FORMERLY WQ PERMIT NO.
11474-001 AND NPDES PERMIT NO. TX0056596) on December 19, 2000 assessing $2,813
in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
JAYME BROWN, Enforcement Coordinator at (512)239-1683, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding FRED F. BONNETT, Docket No. 2000-0192-MLM-
E; AIR ACCOUNT ID NO. UC-0058-S; ENFORCEMENT ID NO. 14436 on December 19,
2000 assessing $7,500 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
TARA LONG, Staff Attorney at (713)422-8914, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An order was entered regarding TRINITY INDUSTRIES, INC., Docket No. 2000-1313-
AIR-E; TNRCC ID NOS. JE-0016-C & JE-0325-J on December 19, 2000.
Information concerning any aspect of this order may be obtained by contacting
SCOTT MCDONALD, Staff Attorney at (817)588-5888, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding COPANO COMPANY, Docket No. 2000-0813-
AIR-E; AIR ACCOUNT NO. RG-0041-G on December 19, 2000 assessing $2,250 in
administrative penalties with $450 deferred.
Information concerning any aspect of this order may be obtained by contacting
GARY MCDONALD, Enforcement Coordinator at (361)825-3122, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding EMPIRE TRUCK LINES, INC., Docket
No. 2000- 0492-AIR-E; AIR ACCOUNT NO. HX-2366-K on December 19, 2000 assessing
$2,500 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
TEL CROSTON, Enforcement Coordinator at (512)239-5717, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding GOODYEAR TIRE AND RUBBER COMPANY,
Docket No. 2000-0117-AIR-E; AIR ACCOUNT NO. JE-0039-N on December 19, 2000
assessing $53,100 in administrative penalties with $10,620 deferred.
Information concerning any aspect of this order may be obtained by contacting
TONI TOLIVER, SEP Coordinator at (512)239-6122, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding ROGELIO SALAZAR DBA SALAZAR CUSTOM
PAINT AND BODY, Docket No. 2000-0671-AIR-E; AIR ACCOUNT NO. AC-0142-U on December
19, 2000 assessing $1,250 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
LAURA CLARK, Enforcement Coordinator at (409)899-8760, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding ROBERT PEREZ DBA QUALITY AUTO SALES,
Docket No. 1999-0044-AIR-E; AIR ACCOUNT NO. WF-0158-P on December 19, 2000
assessing $750 in administrative penalties with $150 deferred.
Information concerning any aspect of this order may be obtained by contacting
FAYE LIU, Enforcement Coordinator at (713)767-3726, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding QUINTANA PETROLEUM CORPORATION, Docket
No. 2000-0752-AIR-E; AIR ACCOUNT NO. RG-0047-Ron December 19, 2000 assessing
$7,500 in administrative penalties with $1,500 deferred.
Information concerning any aspect of this order may be obtained by contacting
AUDRA BAUMGARTNER, Enforcement Coordinator at (361)825-3312, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding WENCHO'S GAS AND FOODMART INCORPORATED,
Docket No. 2000-0509-AIR-E; AIR ACCOUNT NO. EE-1228-E on December 19, 2000
assessing $750 in administrative penalties with $150 deferred.
Information concerning any aspect of this order may be obtained by contacting
STACEY YOUNG, Enforcement Coordinator at (512)239-1899, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding EMPAK, INC., Docket No. 2000-0350-IWD-E;
WQ PERMIT NO. 01731-000; NPDES PERMIT NO. TX0030937 on December 19, 2000 assessing
$11,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
SHERRY SMITH, Enforcement Coordinator at (512)239-0572, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF HOUSTON, Docket No. 2000-0212-
IWD-E; NO WQ ID NO. on December 19, 2000 assessing $3,500 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
TONI TOLIVER, SEP Coordinator at (512)239-6122, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF WESLACO, Docket No. 1999-0308-
MSW-E; TNRCC MSW PERMIT NO. 258 on December 19, 2000 assessing $13,125 in
administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
TONI TOLIVER, SEP Coordinator at (512)239-6122, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding QUALITY RECYCLING OF AMERICA, INC.
DBA QUALITY TIRE RECYCLING, Docket No. 1999-1241-MSW-E; TIRE GENERATOR REGISTRATION
NO. 14964 on December 19, 2000 assessing $8,000 in administrative penalties
with $1,600 deferred.
Information concerning any aspect of this order may be obtained by contacting
TONI TOLIVER, SEP Coordinator (512)239-6201, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding COASTAL BEND YOUTH CITY, INC., Docket
No. 2000-0251-MWD-E; WQ PERMIT NO. 11689-001 on December 19, 2000 assessing
$4,375 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
AUDRA BAUMGARTNER, Enforcement Coordinator at (361)825-3312, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding HARRIS COUNTY MUNICIPAL UTILITY DISTRICT
NO. 286, Docket No. 2000-0606-MWD-E; TPDES PERMIT NO. 13020-001on December
19, 2000 assessing $1,500 in administrative penalties with $300 deferred.
Information concerning any aspect of this order may be obtained by contacting
DAVID VAN SOEST, Enforcement Coordinator at (512)239-0468, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF PILOT POINT, Docket No. 2000-0650-
MWD-E; TPDES PERMIT NO. 10361-001(FORMER NPDES PERMIT NO. TX0022659 AND WQ
PERMIT NO. 10361-001) on December 19, 2000 assessing $750 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
LAURIE EAVES, Enforcement Coordinator at (512)239-4495, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF WELLMAN, Docket No. 2000-0522-
MWD-E; WQ PERMIT NO. 13642-001 on December 19, 2000 assessing $3,750 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
GARY SHIPP, Enforcement Coordinator at (806)796-7092, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding JESSE DEANDA DBA THORNTON SOIL RECYCLING
CENTER AND U.E.T.C. OF TEXAS, LTD. DBA THORNTON SOIL RECYCLING CENTER, Docket
No. 1999-1409-PST-E; TNRCC ID NO. 81112; ENFORCEMENT ID NO. 14264 on December
19, 2000 assessing $1,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
REBECCA PETTY, Staff Attorney at (512)239-1738, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding ARH ENTERPRISES, INCORPORATED, Docket
No. 2000-0647-PST-E; PST ID NO. 0006209 on December 19, 2000 assessing $4,000
in administrative penalties with $800 deferred.
Information concerning any aspect of this order may be obtained by contacting
JORGE IBARRA, Enforcement Coordinator at (817)469-6750, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding EDWARD SYKORA DBA BUBBA'S NO. 3,
Docket No. 2000-0468-PST-E; FACILITY ID NO. 0044847 on December 19, 2000 assessing
$10,000 in administrative penalties with $2,000 deferred.
Information concerning any aspect of this order may be obtained by contacting
GARY SHIPP, Enforcement Coordinator at (806)796-7092, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding SHAHEEN GROCERY INC., Docket No.
2000- 0449-PST-E; FACILITY ID NO. 0029846 on December 19, 2000 assessing $1,800
in administrative penalties with $360 deferred.
Information concerning any aspect of this order may be obtained by contacting
KENT HEATH, Enforcement Coordinator at (512)239-4575, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding SAGAR ENTERPRISES, INC. DBA SHOP
'N' GET, Docket No. 2000-0127-PST-E; PST FACILITY ID NO. 0056925 on December
19, 2000 assessing $10,625 in administrative penalties with $10,025 deferred.
Information concerning any aspect of this order may be obtained by contacting
TRINA LEWISON, Enforcement Coordinator at (713)767-3607, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding MOHINDER PALL DBA TEXACO FOOD MART,
Docket No. 2000-0589-PST-E; FACILITY ID NO. 0009810 on December 19, 2000 assessing
$1,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
MICHAEL DE LA CRUZ, Enforcement Coordinator at (512)239-0259, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding DOGWOOD ESTATES WATER CO., Docket
No. 2000-0582-PWS-E; PWS NO. 1070043 on December 19, 2000 assessing $188 in
administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
KIMBERLY MCGUIRE, Enforcement Coordinator at (512)239-4761, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding GATEWOOD TRUST ET AL, Docket No.
1996- 1356-MWD-E; No TNRCC Permit on December 22, 2000 assessing $27,600 in
administrative penalties with $27,600 deferred.
Information concerning any aspect of this order may be obtained by contacting
VICTOR SIMONDS, Staff Attorney at (512)239-6201, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CONCAN WATER SUPPLY CORPORATION,
Docket No. 1999-0563-PWS-E; TNRCC ID No. 2320032 on December 22, 2000 assessing
$2,938 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
VICTOR SIMONDS, Staff Attorney at (512)239-6201, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding NFZ INVESTMENTS, INC., Docket No.
1999- 0835-PST-E; TNRCC ID NO. 40098 on December 22, 2000 assessing $10,500
in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
RICHARD O'CONNELL, Staff Attorney at (512)239-5528, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CARLOS FLORES DBA DEL RIO FISHERMAN'S
HEADQUARTERS, Docket No. 2000-0515-PWS-E; PWS NO. 2330016 on December 22,
2000 assessing $750 in administrative penalties with $150 deferred.
Information concerning any aspect of this order may be obtained by contacting
SHAWN STEWART, Enforcement Coordinator at (512)239-6684, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding MARY A. BELTRAN DBA 1017 CAFÉ,
Docket No. 2000-0418-PWS-E; PWS NO. 2140030 on December 22, 2000 assessing
$1,250 in administrative penalties with $250 deferred.
Information concerning any aspect of this order may be obtained by contacting
SUBHASH JAIN, Enforcement Coordinator at (512)239-5867, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CLAYTON WATER SUPPLY CORPORATION,
Docket No. 2000-0632-PWS-E; PWS ID NOS. 1830005, 1830029 & 1830030 on
December 22, 2000 assessing $1,151 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
CAROLYN V. LIND, Enforcement Coordinator at (903)535-5145, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CHARLES DONALDSON, Docket No. 2000-0597-
PWS-E; PWS NO. 1012607 on December 22, 2000 assessing $2,500 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
ELVIA MASKE, Enforcement Coordinator at (512)239-0789, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding GREATER LIFE CHURCH, Docket No. 2000-
0689-PWS-E; PWS NO. 1013124 on December 22, 2000 assessing $1,500 in administrative
penalties with $300 deferred.
Information concerning any aspect of this order may be obtained by contacting
ELVIA MASKE, Enforcement Coordinator at (512)239-0789, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding RIO WATER SUPPLY CORPORATION, Docket
No. 1999-1529-PWS-E; PWS ID NO. 2140016 on December 22, 2000 assessing $688
in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
ERIKA FAIR, Enforcement Coordinator at (512)239-6673, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding AMCG REALTY INVESTMENTS DBA OAK FOREST
MHC, Docket No. 2000-0688-PWS-E; PWS NO. 0010052 on January 3, 2001 assessing
$1,250 in administrative penalties with $250 deferred.
Information concerning any aspect of this order may be obtained by contacting
ELVIA MASKE, Enforcement Coordinator at (512)239-0789, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding PALESTINE CITY OF PALESTINE, Docket
No. 2000-0134-PWS-E; PWS NO. 0010001 on December 22, 2000 assessing $1,250
in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
CAROLYN LIND, Enforcement Coordinator at (903)535-5145, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding CONNY WHITEHORN DBA CORONADO WATER
COMPANY, Docket No. 1998-1308-PWS-E; TNRCC ID NO. 0590009 on December 22,
2000 assessing $1,813 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
JOHN SUMNER, Staff Attorney at (915)620-6118, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding HARDIN PLUMBING COMPANY, INC., Docket
No. 2000-0809-SLG-E; TRANSPORTER REGISTRATION NO. 20358 on December 22, 2000
assessing $1,000 in administrative penalties with $200 deferred.
Information concerning any aspect of this order may be obtained by contacting
MARK NEWMAN, Enforcement Coordinator at (915)655-9479, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding H & B CONTRACTORS, LTD., Docket
No. 2000- 0623-WR-E; NO TNRCC ID NO. on December 22, 2000 assessing $375 in
administrative penalties with $75 deferred.
Information concerning any aspect of this order may be obtained by contacting
SHERRY SMITH, Enforcement Coordinator at (512)239-0572, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF LULING, Docket No. 2000-0277-MLM-
E; PWS NO. 0280002; NPDES NO. TX0022764; WQ PERMIT NO. 10582-002 on December
22, 2000 assessing $3,375 in administrative penalties with $300 deferred.
Information concerning any aspect of this order may be obtained by contacting
SANDY VAN CLEAVE, Enforcement Coordinator at (512)239-0667, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An order was entered regarding REYNOLDS METALS COMPANY, Docket No. 2000-
1325-AIR-E; JE-0010-O on December 22, 2000.
Information concerning any aspect of this order may be obtained by contacting
JOHN SUMNER, Staff Attorney at (915)620-6118, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding BORGWARNER TORQTRANSFER SYSTEMS,
INCORPORATED FORMERLY BORG-WARNER AUTOMOTIVE POWERTRAIN SYSTEMS, Docket No.
2000-0130-AIR-E; ACCOUNT NO. GJ-0160-F on December 22, 2000 assessing $9,000
in administrative penalties with $1,800 deferred.
Information concerning any aspect of this order may be obtained by contacting
TONI TOLIVER, Staff Attorney at (512)239-6122, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CHEVRON U.S.A., INCORPORATED, Docket
No. 2000-0361-AIR-E; AIR ACCOUNT NO. EE-0015-H on December 22, 2000 assessing
$51,250 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
MARY RISNER, Staff Attorney at (512)239-6224, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITATION OIL AND GAS CORPORATION,
Docket No. 2000-0493-AIR-E; AIR ACCOUNT NOS. RG-0072-S AND RG-0058-M on December
22, 2000 assessing $10,000 in administrative penalties with $2,000 deferred.
Information concerning any aspect of this order may be obtained by contacting
GARY MCDONALD, Enforcement Coordinator at (361)825-3122, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding DONOHUE INDUSTRIES, INCORPORATED,
Docket No. 2000-0405-AIR-E; AIR ACCOUNT NO. AC-0017-B; ISW REGISTRATION NO.
30993 on December 22, 2000 assessing $17,000 in administrative penalties with
$3,400 deferred.
Information concerning any aspect of this order may be obtained by contacting
TONI TOLIVER, Staff Attorney at (512)239-6122, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding DYNEGY MIDSTREAM SERVICES, L.P.,
Docket No. 2000-0429-AIR-E; AIR ACCOUNT NO. FG-0040-P on December 22, 2000
assessing $2,500 in administrative penalties with $500 deferred.
Information concerning any aspect of this order may be obtained by contacting
COREY BURKE, Enforcement Coordinator at (512)239-5259, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding EXXON MOBIL CORPORATION, Docket No.
2000-0433-AIR-E; AIR ACCOUNT NO. HG-0232-Q on December 22, 2000 assessing
$2,500 in administrative penalties with $500 deferred.
Information concerning any aspect of this order may be obtained by contacting
STACEY YOUNG, Enforcement Coordinator at (512)239-1899, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding GUARDIAN INDUSTRIES CORPORATION,
Docket No. 2000-0572-AIR-E; AIR ACCOUNT NO. NB-0014-Ron December 22, 2000
assessing $4,500 in administrative penalties with $900 deferred.
Information concerning any aspect of this order may be obtained by contacting
SUZANNE WALRATH, Enforcement Coordinator at (512)239-2134, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding MARTIN MARIETTA MATERIALS SOUTHWEST,
LTD., Docket No. 1999-0614-AIR-E; AIR ACCOUNT NO. HG-0606-U on December 22,
2000 assessing $2,500 in administrative penalties with $500 deferred.
Information concerning any aspect of this order may be obtained by contacting
FAYE LIU, Enforcement Coordinator at (713)767-3726, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding NORTH TEXAS CEMENT COMPANY, Docket
No. 2000-0528-AIR-E; AIR ACCOUNT NO. ED-0034-O on December 22, 2000 assessing
$11,250 in administrative penalties with $2,250 deferred.
Information concerning any aspect of this order may be obtained by contacting
TONI TOLIVER, SEP Coordinator at (512)239-6122, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding NORTH TEXAS TRENCH BURN, INC., Docket
No. 2000-0544-AIR-E; AIR ACCOUNT NO.92-2395-L on December 22, 2000 assessing
$1,800 in administrative penalties with $360 deferred.
Information concerning any aspect of this order may be obtained by contacting
TEL CROSTON, Enforcement Coordinator at (512)239-5717, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding RUDY MALDONADO DBA RUDY'S SERVICE
STATION, Docket No. 2000-0841-AIR-E; AIR ACCOUNT NO. EE-1310-S on December
22, 2000 assessing $1,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
REBECCA CERVANTES, Enforcement Coordinator at (915)834-4965, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding WILDCAT CRANES, INCORPORATED, Docket
No. 2000-0138-AIR-E; AIR ACCOUNT NO. TA-3880-D on December 22, 2000 assessing
$2,000 in administrative penalties with $400 deferred.
Information concerning any aspect of this order may be obtained by contacting
TONI TOLIVER, SEP Coordinator at (512)239-6122, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding AMERADA HESS CORPORATION, Docket
No. 1999-0893-AIR-E; AIR ACCOUNT NO. HG-0017-W on December 22, 2000 assessing
$59,500 in administrative penalties with $11,900 deferred.
Information concerning any aspect of this order may be obtained by contacting
FAYE LIU, Enforcement Coordinator at (713)767-3726, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding AIR LIQUIDE AMERICA CORPORATION,
Docket No. 2000-0565-AIR-E; AIR ACCOUNT NO. BL-0626-U on December 22, 2000
assessing $70,875 in administrative penalties with $14,175 deferred.
Information concerning any aspect of this order may be obtained by contacting
CARL SCHNITZ, Enforcement Coordinator at (512)239-1892, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding BARKER OIL, INC., Docket No. 2000-0852-AIR-
E; AIR ACCOUNT NO. EE-0625-U on December 22, 2000 assessing $750 in administrative
penalties with $150 deferred.
Information concerning any aspect of this order may be obtained by contacting
REBECCA CERVANTES, Enforcement Coordinator at (915)834-4965, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding BIG TEX TRAILER WORLD, INC., Docket
No. 1999-1535-AIR-E; TF-0071-K on December 22, 2000 assessing $5,000 in administrative
penalties with $1,000 deferred.
Information concerning any aspect of this order may be obtained by contacting
CAROLYN LIND, Enforcement Coordinator at (903)535-5145, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF GARLAND, Docket No. 2000-0627-
IWD-E; TPDES PERMIT NO. 03519-000 on December 22, 2000 assessing $1,500 in
administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
MICHAEL DE LA CRUZ, Enforcement Coordinator at (512)239-0259, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding MAVERICK TUBE CORPORATION, Docket
No. 2000-0482-IWD-E; WQ PERMIT NO. 02365 on December 22, 2000 assessing $6,000
in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
SHERRY SMITH, Enforcement Coordinator at (512)239-0572, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding TOMMY THOMAS, Docket No. 2000-0660-IWD-
E; TPDES PERMIT NO. 12919-001on December 22, 2000 assessing $3,750 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
STEVEN LOPEZ, Enforcement Coordinator at (512)239-1896, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF HICO, Docket No. 2000-0443-MSW-E;
MSW TRANSFER REGISTRATION NO. 40004 on December 22, 2000 assessing $1,000
in administrative penalties with $200 deferred.
Information concerning any aspect of this order may be obtained by contacting
VICTOR SIMONDS, Staff Attorney at (512)239-6201, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding PMT USA, INC. DBA AIR & SEA ENVIRONMENTAL,
Docket No. 2000-0501-MSW-E; MSW REGISTRATION NO. 50059 on December 22, 2000
assessing $3,500 in administrative penalties with $700 deferred.
Information concerning any aspect of this order may be obtained by contacting
CATHY SHERMAN, Enforcement Coordinator at (713)767-3624, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding JAMES R. STUART, Docket No. 1999-1580-
MSW-E; MSW REGISTRATION NO. TYU 00019 on December 22, 2000 assessing $1,125
in administrative penalties with $225 deferred.
Information concerning any aspect of this order may be obtained by contacting
SHERRY SMITH, Enforcement Coordinator at (512)239-0572, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF LA VILLA, Docket No. 2000-0341-
MWD-E; WQ PERMIT NO. 13794-001 on December 22, 2000 assessing $5,000 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
JOSEPH DALEY, Enforcement Coordinator at (512)239-3308, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding PILCHERS PROPERTY OF AMERICA, INC.,
Docket No. 2000-0377-MWD-E; WQ PERMIT NO. 11572-001; NPDES PERMIT NO. TX0047775
on December 22, 2000 assessing $6,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
STEVEN LOPEZ, Enforcement Coordinator at (512)239-1896, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding STERLING BANK, Docket No. 2000-0248-MWD-
E; TPDES NO. 12935-001(FORMERLY WQ PERMIT NO. 12935-001) on December 22, 2000
assessing $13,750 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
TONI TOLIVER, SEP Coordinator at (512)239-6122, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding MICHAEL BAGWELL, Docket No. 1999-1264-
OSI-E; SLUDGE TRANSPORTER NO. 21556 (EXPIRED) on December 22, 2000 assessing
$2,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
RICHARD O'CONNELL, Staff Attorney at (512)239-5528, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding RENE CADENA DBA RENE'S SEPTIC &
BACKHOE SERVICE, Docket No. 2000-0165-OSI-E; OSSF INSTALLER CERTIFICATION
NO. OS7555 on December 22, 2000 assessing $250 in administrative penalties
with $50 deferred.
Information concerning any aspect of this order may be obtained by contacting
JOHN MEAD, Enforcement Coordinator at (512)239-6010, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding GULSHAN ENTERPRISES, INC., Docket
No. 1999-1123-PST-E; TNRCC ID NOS. 40209, 39755 & 39759 on December 22,
2000 assessing $16,375 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
SCOTT MCDONALD, Staff Attorney at (817)588-5888, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding SYLVIA HERNANDEZ DBA COUNTRY STORE,
Docket No. 1999-0995-PST-E; PST FACILITY ID NO. 47483 on December 22, 2000
assessing $3,500 in administrative penalties with $700 deferred.
Information concerning any aspect of this order may be obtained by contacting
FARA O'NEAL, Enforcement Coordinator at (956)430-6041, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding RIKTA ENTERPRISES, INC. DBA SHOP
N' GO, Docket No. 2000-0497-PST-E; PST FACILITY ID NO. 0063718 on December
22, 2000 assessing $1,250 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
CATHERINE ALBRECHT, Enforcement Coordinator at (713)767-3672, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding DALLARDSVILLE-SEGNO WATER SUPPLY
CORPORATION, Docket No. 2000-0836-PWS-E; PWS ID NO. 1870126 on December 22,
2000 assessing $925 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
LAURA CLARK, Enforcement Coordinator at (409)899-8760, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
TRD-200100147
LaDonna Castañuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: January 9, 2001
In the December 1, 2000 issue of the
Texas Register
, the Texas Natural Resource Conservation Commission published a proposed
amendment to 30 TAC Chapter 328, Waste Minimization and Recycling, §328.71,
Closure Cost Estimate for Financial Assurance (25 TexReg 11887). The preamble
to the proposed rule incorrectly stated that comments must be received by
December 18, 2000, when it should have stated by January 2, 2001. For this
reason, the commission is extending the comment period for an additional 14
days. Comments may be mailed to Lola Brown, Office of Environmental Policy,
Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087
or faxed to (512) 239-4808. All comments should reference Rule Log Number
1999-083- 328-WS. Comments must be received by 5:00 p.m., February 2, 2001.
For further information, please contact Jill Burditt, Policy and Regulations
Division, (512) 239-0560.
TRD-200100153
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: January 10, 2001
For The Period of January 09,2001.
APPLICATION AND PRELIMINARY DECISION. The Applerock Group, L.L.C., 313
Genoa Red Bluff Road, Houston, Texas 77034, has submitted a partial application
to the Texas Natural Resource Conservation Commission (TNRCC) for a permit
to authorize a new Type IV municipal solid waste landfill facility. Such a
facility is authorized to accept municipal solid waste consisting of brush,
construction-demolition waste and/or rubbish that is free of putrescible and
free of household wastes. The facility is located in Harris County, Texas.
The application was originally submitted to the TNRCC on March 18, 1999 and
the portion of the application which is the subject of this notice was submitted
on March 31, 2000. The applicable portion of the application is available
for reviewing and copying. The TNRCC granted Parts I and II of the application,
relating to land use compatibility, pursuant to Texas Health and Safety Code
Section 361.069 by Order dated November 5, 1999 . The current application
consists of Parts III and IV of a municipal solid waste application, relating
to the Site Development Plan and Site Operating Plan, respectively. The application
is subject to the goals and policies of the Texas Coastal Management Program
and must be consistent with the applicable Coastal Management Program goals
and policies. 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
permit application, executive director's preliminary decision, as contained
in the technical summary and/or fact sheet, and draft permit are available
for viewing and copying at the Pasadena City Hall located at 1211 E. Southmore
Avenue, Pasadena, Texas. MAILING LISTS. You may ask to be placed on a mailing
list to obtain additional information on 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. You may submit public comments
on this application. However, the TNRCC has previously held a public meeting
on this application on July 13, 2000 and will not hold another public meeting.
Written Public Comments must be submitted to the Office of the Chief Clerk,
MC 105, TNRCC, P.O. Box 13087, Austin, TX 78711-3087 within 30 days of 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 is on the mailing list for this application. The mailing
will also provide instructions for requesting reconsideration of the executive
director's decision and for requesting a contested case hearing. A contested
case hearing is a legal proceeding similar to a civil trial in 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 the public comments may not be considered during a public
hearing. In addition, this proceeding involves only Parts III and IV of the
application, relating to the Site Development Plan and the Site Operating
Plan. It does not include any matters or issues related to Parts I and II
of the application which have already been decided by the Commission. The
Site Development Plan contains information required in 30 TAC Sections 330.54,
330.55 and 330.56. This includes the solid waste data, identifying the nature,
type and quality of the waste proposed for disposal at the facility, the proposed
landfill method, liner construction, cell construction sequences, closure
phases, all-weather operations, access controls, solid waste deposition and
operating life, groundwater protection design and operation, rainfall run-on
and run-off controls, drainage structures, drainage calculations, erosion
controls, contaminated water controls, erosion controls, final cover design
and landfill markers. The Site Operating Plan consists of information required
in 30 TAC Sections 330.57 and 330.114. The Site Operating Plan describes the
operating procedures to be undertaken to conduct day to day operations. 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
The Applerock Group, L.L.C. at the address stated above or by calling William
Anthony Koby at 713-944-4253.
TRD-200100145
LaDonna Castañuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: January 9, 2001
The Texas Natural Resource Conservation Commission (TNRCC or commission)
staff is providing an opportunity for written public comment on the listed
Agreed Orders (AOs) pursuant to Texas Water Code (the Code), §7.075,
which requires that the TNRCC may not approve these AOs unless the public
has been provided an opportunity to submit written comments. Section 7.075
requires that notice of the proposed orders and of the opportunity to comment
must be published in the
Texas Register
no
later than the 30th day before the date on which the public comment period
closes, which in this case is
February 19, 2001
.
Section 7.075 also requires that the TNRCC promptly consider any written comments
received and that the TNRCC may withhold approval of an AO if a comment discloses
facts or considerations that indicate the proposed AO is inappropriate, improper,
inadequate, or inconsistent with the requirements of the Code, the Texas Health
and Safety Code (THSC), and/or the Texas Clean Air Act (the Act). Additional
notice is not required if changes to an AO are made in response to written
comments.
A copy of each of the proposed AOs is available for public inspection at
both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building
C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable Regional
Office listed as follows. Written comments about these AOs should be sent
to the enforcement coordinator designated for each AO at the TNRCC's Central
Office at P.O. Box 13087, Austin, Texas 78711-3087 and must be
received by 5:00 p.m. on February 19, 2001
. Written comments may also
be sent by facsimile machine to the enforcement coordinator at (512) 239-2550.
The TNRCC enforcement coordinators are available to discuss the AOs and/or
the comment procedure at the listed phone numbers; however, §7.075 provides
that comments on the AOs should be submitted to the TNRCC in
writing
.
(1) COMPANY: Pepi Kohler dba Alpenhof Steak Haus; DOCKET NUMBER: 2000-0864-PWS-
E; IDENTIFIER: Public Water Supply (PWS) Number 2270153; LOCATION: Bee Cave,
Travis County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED:
30 TAC §290.106(a)(1) and (e)(2), and the Code, §341.033(d), by
failing to collect and submit routine monthly water samples for bacteriological
analysis and provide public notice for coliform monitoring violations; and
30 TAC §290.51(a)(3) and the Code, §341.041, by failing to pay public
health service fees; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Brian Lehmkuhle,
(512) 239-4482; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin,
Texas 78758-5336, (512) 339-2929.
(2) COMPANY: Berridge Manufacturing Company; DOCKET NUMBER: 2000-0676-MLM-E;
IDENTIFIER: Air Account Number BG-0555-W and Solid Waste Registration Number
80959; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: coil
coating; RULE VIOLATED: 30 TAC §116.115(b) and (c), Permit Number 20200,
and the Code, §382.085(b), by failing to maintain the primer station
and top coat station temperature controllers and recorders in good working
order and maintain records of the temperature in the combustion chamber; 30
TAC §101.6(a)(1)(A) and (b), and the Code, §382.085(b), by failing
to determine if the upset conditions documented constituted a reportable upset
and failed to create records of reportable and non-reportable upsets; 30 TAC §335.10(b)(14),
by failing to include on state manifest document number 01533432 the company
name and site address of the facility; 30 TAC §335.4 and the Code, §26.121,
by failing to prevent unauthorized discharges of industrial solid waste streams;
30 TAC §335.6(c), by failing to provide subsequent notification for a
hazardous waste management unit and for two industrial solid waste streams;
30 TAC §335.69(a)(1)(A) and (B), (4), (a)(2), (d)(1), and 40 Code of
Federal Regulations (CFR) §§265.16(d), 265.35, 265.171, 265.176,
265.193, and 265.195(c), by failing to hold hazardous waste in containers
in good condition, keep containers holding ignitable hazardous waste located
at least 15 meters from the site's property line, obtain and keep on file
at the site, written statements by persons required to certify the design
and supervise the installation of the wastewater treatment and storage tank
system, provide aisle space between containers of hazardous wastes stored
on-site, maintain documentation and records of both introductory and continuing
training provided to facility personnel, label five 55-gallon drums holding
hazardous waste, keep containers closed while holding hazardous waste in satellite
accumulation, provide secondary containment for the wastewater treatment tank
system and leak detection equipment, and document daily inspections of the
wastewater treatment and storage tank system; 30 TAC §335.9(a)(1)(G),
by failing to keep records which support the claims made regarding the locations
of all hazardous waste accumulation areas; 30 TAC §335.431(c) and 40
CFR §268.7(a)(8), by failing to retain a copy of the initial land disposal
restriction notification; and 30 TAC §335.62 and 40 CFR §262.11,
by failing to perform hazardous waste determinations for the waste streams;
PENALTY: $43,125; ENFORCEMENT COORDINATOR: Malcolm Ferris, (210) 490-3096;
REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(3) COMPANY: Mr. Ellis Brumbeloe dba Ellis Cabinets; DOCKET NUMBER: 2000-0912-
MLM-E; IDENTIFIER: Municipal Solid Waste Unauthorized Site Number 455100025
and Air Account Number HF-0234-A; LOCATION: Lumberton, Hardin County, Texas;
TYPE OF FACILITY: residence and cabinet shop; RULE VIOLATED: 30 TAC §111.201
and the Code, §382.085, by failing to comply with the outdoor burning
rules; and 30 TAC §330.4 and the Code, §26.121, by failing to properly
dispose of waste at an authorized facility; PENALTY: $2,400; ENFORCEMENT COORDINATOR:
Laura Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110,
Beaumont, Texas 77703-1892, (409) 898-3838.
(4) COMPANY: Fair Road Properties, Inc. dba Light Ranch Estates; DOCKET
NUMBER: 2000-0803-PWS-E; IDENTIFIER: PWS Number 0610226; LOCATION: Pilot Point,
Denton County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED:
30 TAC §290.46(f)(2)(B), (i), (j)(3), (l), (n), (p), and (y), by failing
to provide a diethyl-p- phenylenediamine chlorine residual test kit, provide
customer service agreements or a plumbing ordinance, maintain copies of customer
service inspection certifications, test and record daily chlorine residuals,
flush dead end mains monthly, provide an up-to-date map of the distribution
system, document annual ground storage and pressure tank inspections, and
provide electrical wiring in conduit; 30 TAC §290.106(a)(1), by failing
to develop a bacteriological sample siting plan; 30 TAC §290.109(g),
by failing to collect bacteriological samples; 30 TAC §290.42(i), by
failing to provide American National Standards Institute/National Sanitation
Foundation approved chlorine; 30 TAC §290.43(c)(2), (3), and (4), and
(d)(2), by failing to provide a roof access opening, provide a ladder on the
ground storage tank, provide a properly designed overflow pipe on the ground
storage tank, provide a water level indicator on the ground storage tank,
and provide a pressure release device on the pressure tanks; 30 TAC §290.41(c)(1)(F),
(3)(A), (B), (J), (N), and (P), by failing to provide a sanitary easement
for both wells, maintain well logs, extend well casing 18 inches above ground
level for both wells, provide a proper concrete sealing block, provide a working
well meter and provide an all weather access road; and 30 TAC §290.45(b)(1)(C)(ii)
and (iv), by failing to meet the minimum water system capacity of 200 gallons
per connection total storage capacity and meet the minimum water system capacity
requirement of 20 gallons per connection; PENALTY: $4,813; ENFORCEMENT COORDINATOR:
Wendy Cooper, (817) 469-6750; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington,
Texas 76010-6499, (817) 469-6750.
(5) COMPANY: Fina, Inc.; DOCKET NUMBER: 2000-0925-IHW-E; IDENTIFIER: Industrial
and Hazardous Waste Registration Number 33770; LOCATION: Abilene, Jones County,
Texas; TYPE OF FACILITY: bulk terminal; RULE VIOLATED: 30 TAC 335.2(b) and
40 CFR §270.1, by transporting to an unauthorized facility; and 30 TAC §335.10(a)(1),
by failing to prepare a manifest for consignment of waste to an off-site facility;
PENALTY: $12,000; ENFORCEMENT COORDINATOR: Kara Dudash, (915) 698-9674; REGIONAL
OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.
(6) COMPANY: First Chemical Texas, L.P.; DOCKET NUMBER: 2000-0763-IHW-E;
IDENTIFIER: Solid Waste Registration Number 85386; LOCATION: near Baytown,
Chambers County, Texas; TYPE OF FACILITY: aniline manufacturing; RULE VIOLATED:
30 TAC §335.69(a)(1)(B), §335.112(a)(9), and 40 CFR §§262.34(a)(1)(ii),
265.192, and 265.193(a)(1), by failing to provide secondary containment for
hazardous waste tank TK-2004 and failing to obtain a certified written assessment
of the tank system; PENALTY: $8,800; ENFORCEMENT COORDINATOR: Catherine Sherman,
(713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas
77023-1486, (713) 767-3500.
(7) COMPANY: Florida Gas Transmission Company; DOCKET NUMBER: 2000-1005-AIR-E;
IDENTIFIER: Air Account Numbers NE-0222-V and CB-0051-B; LOCATION: Robstown,
Nueces County, Texas; TYPE OF FACILITY: natural gas transmission; RULE VIOLATED:
30 TAC §122.146(2) and the Act, §382.085(b), by failing to submit
the initial annual compliance certifications; PENALTY: $3,600; ENFORCEMENT
COORDINATOR: Carol McGrath, (361) 825- 3100; REGIONAL OFFICE: 6300 Ocean Drive,
Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(8) COMPANY: The Grove Water Supply Corporation; DOCKET NUMBER: 2000-1192-PWS-
E; IDENTIFIER: PWS Number 0500023; LOCATION: The Grove, Coryell County, Texas;
TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(e)(1)(B),
(formerly §290.46(e)(1)), by failing to provide an operator with a current
Grade C or higher groundwater or surface water certification; and 30 TAC §290.43(c)(8)
and (d)(4), by failing to maintain adequate coatings on the ground storage
and pressure tank; PENALTY: $375; ENFORCEMENT COORDINATOR: James Jackson,
(254) 751-0335; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas
76710-7826, (254) 751-0335.
(9) COMPANY: Kmali Enterprises, Inc. dba Friendly Mart; DOCKET NUMBER:
2000-0680- PWS-E; IDENTIFIER: PWS Number 1012339; LOCATION: Spring, Harris
County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(f)(1)
and (y), by failing to operate and maintain the chlorination facilities and
contain all electrical wiring of the water system in a securely mounted conduit;
30 TAC §290.41(c)(1)(F) and (3)(B), (I), and (O), by failing to provide
a sanitary control easement, provide a well casing 18 inches above the elevation
of the natural ground surface, and maintain and lock the well house cover
and prevent the accumulation of water around the wellhead; 30 TAC §290.45(d)(2)(A)(ii),
by failing to meet the minimum pressure tank capacity requirements; and 30
TAC §290.43(e), by failing to lock the gate of the fence surrounding
the pressure maintenance facility; PENALTY: $1,188; ENFORCEMENT COORDINATOR:
Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Houston,
Texas 77023-1486, (713) 767-3500.
(10) COMPANY: Mesa View Water Service, Inc.; DOCKET NUMBER: 2000-1212-PWS-E;
IDENTIFIER: PWS Number 1860009; LOCATION: Fort Stockton, Pecos County, Texas;
TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.117(c),(formerly §290.120(e)),
by failing to conduct reduced tap monitoring for lead and copper; and 30 TAC §290.41
and the Code, §341.041, by failing to pay public health service fees;
PENALTY: $375; ENFORCEMENT COORDINATOR: Shawn Stewart, (512) 239-6684; REGIONAL
OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404,
(915) 570-1359.
(11) COMPANY: Peaster Independent School District; DOCKET NUMBER: 2000-0931-MWD-
E; IDENTIFIER: Water Quality Permit Number 13589-001; LOCATION: Peaster, Parker
County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1),
Water Quality Permit Number 13589-001, and the Code, §26.121, by failing
to comply with the total suspended solids (TSS) daily average permit limit
of 15 milligram per liter (mg/l), TSS daily average permit limit of 2.3 pounds
per day (lbs/day), five-day carbonaceous biochemical oxygen demand (CBOD5)
daily average permit limit of 10 mg/l, CBOD5 single grab permit limit of 35
mg/l, ammonia nitrogen daily average loading permit limit of 0.4500 lbs/day,
and dissolved oxygen minimum permit limit of four mg/l; PENALTY: $1,500; ENFORCEMENT
COORDINATOR: Cheryl Thompson, (512) 239-1057; REGIONAL OFFICE: 1101 East Arkansas
Lane, Arlington, Texas 76010-6499, (817) 469-6750.
(12) COMPANY: Lonnie K. Pence; DOCKET NUMBER: 2000-1062-OSI-E; IDENTIFIER:
Installer Certification Number OS3452; LOCATION: Marion, Guadalupe County,
Texas; TYPE OF FACILITY: on-site sewage; RULE VIOLATED: 30 TAC §285.58(a)(3)
and (11), and the Code, §366.051(c) and §366.054, by failing to
verify proof of a permit and approved plan from the authorized agent before
repairing or extending an on-site sewage facility and notify the permitting
authority and call for required inspections; PENALTY: $400; ENFORCEMENT COORDINATOR:
Cheryl Thompson, (512) 239-1057; REGIONAL OFFICE: 14250 Judson Road, San Antonio,
Texas 78233-4480, (210) 490-3096.
(13) COMPANY: Mr. Roy Cullison dba R C S; DOCKET NUMBER: 2000-0900-AIR-E;
IDENTIFIER: Air Account Number JH-0414-W; LOCATION: Joshua, Johnson County,
Texas; TYPE OF FACILITY: used car lot; RULE VIOLATED: 30 TAC §114.20(c)(1)
and the Code, §382.085(b), by allegedly offering for sale to the general
public a vehicle with missing or inoperable air control devices; PENALTY:
$400; ENFORCEMENT COORDINATOR: Wendy Cooper, (817) 469-6750; REGIONAL OFFICE:
1101 East Arkansas Lane, Arlington, Texas 76010- 6499, (817) 469-6750.
(14) COMPANY: Rock Hill Water Supply Corporation; DOCKET NUMBER: 2000-0808-PWS-
E; IDENTIFIER: PWS Number 1830014; LOCATION: Beckville, Panola County, Texas;
TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(D)(ii),
(iii), and (v), by failing to provide a total storage capacity of 200 gallons
per connection in the pressure plane, have two or more pumps with a total
rated capacity of two gallons per minute per connection, and provide an elevated
storage capacity of 100 gallons per connection or a pressure tank capacity
of 20 gallons per connection in the pressure plane; 30 TAC §290.45(f)(4),
by failing to meet the minimum water system capacity requirement of 0.6 gallons
per minute per connection in the maximum authorized daily purchase rate; and
30 TAC §290.43(c)(1), (2), and (8), and §290.46(m), by failing to
keep the roof hatch on the ground storage tank locked at all times to prevent
any contamination, protect vent openings on the ground storage tank with a
16-mesh or finer corrosion resistant screen and conduct a proper maintenance
program on the ground storage tank; PENALTY: $2,363; ENFORCEMENT COORDINATOR:
Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas
75701-3756, (903) 535-5100.
(15) COMPANY: Terra Southwest, Inc. dba East Ponder Estates; DOCKET NUMBER:
2000- 0594-PWS-E; IDENTIFIER: PWS Number 0610161; LOCATION: Ponder, Denton
County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(f)(1)
and (2), and (j)(1)(C), by failing to conduct or record weekly chlorine residuals
and conduct or record the customer service inspections; 30 TAC §290.45(b)(1)(C)(i),
by failing to provide adequate well capacity of 0.6 gallons per minute per
connection; 30 TAC §290.41(c)(3)(K), by failing to have the wellhead
sealed and a proper vent screen on the wellhead; and 30 TAC §290.43(d)(3),
by failing to have a filter or other device on a air compressor discharge
line; PENALTY: $1,063; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806;
REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817)
469-6750.
(16) COMPANY: Upper Valley Material, Ltd.; DOCKET NUMBER: 2000-0897-AIR-E;
IDENTIFIER: Air Permit Number 19787; LOCATION: La Joya, Hidalgo County, Texas;
TYPE OF FACILITY: sand and gravel processing; RULE VIOLATED: 30 TAC §122.121, §122.130,
and the Code, §382.054, by failing to submit a Title V federal operating
permit application; 30 TAC §101.20(1), §116.115(c), 40 CFR §60.7
and §60.8, Air Permit Number 19787, and the Code, §382.085(b), by
failing to furnish notification after commencement of construction and initial
startup, conduct performance tests within 60 days after achieving the maximum
production rate but no later than 180 days after initial startup of the plant
and furnish a report of the results of the performance tests, conduct opacity
observations, install permanently mounted shrouds at the inlet and outlet
of all crushers, and spray water or cover with a canvas the material loads
of all transporting vehicles; and 30 TAC §101.27, by failing to pay late
payment penalty assessed for delinquent emission fees; PENALTY: $13,000; ENFORCEMENT
COORDINATOR: Merrilee Gerberding, (512) 239-4490; REGIONAL OFFICE: 1804 West
Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
TRD-200100109
Paul Sarahan
Director, Litigation Division
Texas Natural Resource Conservation Commission
Filed: January 9, 2001
A person may request to be added to a mailing list for public notices processed
through the Office of the Chief Clerk for air, water, and waste permitting
activities at the TNRCC. You may request to be added to: (1) a permanent mailing
list for a specific applicant name and permit number; and/or (2) a permanent
mailing list for a specific county or counties.
Note that a request to be added to a mailing list for a specific county
will result in notification of all permitting matters affecting that particular
county.
To be added to a mailing list, send us your name and address, clearly specifying
which mailing list(s) to which you wish to be added. Your request should be
sent to the TNRCC, Office of the Chief Clerk, Mail Code 105, P. O. Box 13087,
Austin, TX 78711-3087.
Individual members of the public who wish to inquire about the information
contained in this notice, or to inquire about other agency permit applications
or permitting processes, should call the TNRCC Office of Public Assistance,
Toll Free, at 1-800-687-4040.
TRD-200100154
LaDonna Castañuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: January 10, 2001
The Texas Natural Resource Conservation Commission (TNRCC) will conduct
a hearing on a petition for dissolution of Harris County Municipal Utility
District No. 324 (District) The petition was signed by Robert M. Allen, managing
partner of Yaupon Ranch, L.L.C., a Texas Limited Liability Company, being
the owner of a majority of the property located within the District (Petitioner).
The TNRCC will conduct this hearing under the authority of Chapters 49 and
54 of the Texas Water Code, 30 Texas Administrative Code Chapter 293 and the
procedural rules of the TNRCC. The TNRCC will conduct the hearing at: 9:30
a.m., Wednesday, March 7, 2001 Building E, Room 201S 12100 Park 35 Circle
Austin, Texas . On June 3, 1987, the Texas Water Commission created the District.
It operates under Texas Water Code Chapters 49 and 54 as a municipal utility
district. The Petitioner states the dissolution is desirable since an adjacent
district has expressed a willingness to annex the Petitioner's land and provide
it with utility service. The petition states the District: (1) has performed
none of the functions for which it was created for five consecutive years
proceeding the date of the petition, (2) is financially dormant, and (3) has
no outstanding bonded indebtedness. Certified copies of the Annual Financial
Dormancy and Filing Affidavits for the years 1994 through 1996 and evidence
on nonfiling for 1997 and 1998 are on file. An affidavit from the State Comptroller
of Public Accounts has been included in the petition, certifying that the
District has no bonded indebtedness. If the request for dissolution is approved,
the District's assets, if any, will escheat to the State of Texas and will
be administered by the State Comptroller of Public Accounts and disposed of
in the manner provided by Chapter 74, Property Code.
The TNRCC may grant a contested case hearing on this application if a
written hearing request is filed within 30 days after the newspaper publication
of this notice. The Executive Director may approve the application unless
a written request for a contested case hearing is filed within 30 days after
the newspaper publication of this notice. To request a contested case hearing,
you must submit the following: (1) your name (or for a group or association,
an official representative), mailing address, daytime phone number, and fax
number, if any; (2) the name of the applicant and the TNRCC Internal Control
Number; (3) the statement "I/we request a contested case hearing"; and (4)
a brief description of how you would be affected by the granting of the request
in a way not common to the general public. You may also submit your proposed
adjustments to the application which would satisfy your concerns. Requests
for a contested case hearing must be submitted in writing to the TNRCC Office
of the Chief Clerk at the address provided in the information section below.
If a hearing request is filed, the Executive Director will not approve the
application and will forward the application and hearing request to the TNRCC
Commissioners for their consideration at a scheduled Commission meeting. If
a contested case hearing is held, it will be a legal proceeding similar to
a civil trial in state district court.
Written hearing requests should be submitted to the Office of the Chief
Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, TX 78711-3087. For information
concerning hearing process, contact the Public Interest Counsel, MC 103, the
same address. For additional information, individual members of the general
public may contact the Office of Public Assistance, at 1-800-687-4040. General
information regarding the TNRCC can be found at our web site at www.tnrcc.state.tx.us.
TRD-200100051
LaDonna Castañuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: January 3, 2001
Thomas J. Fatjo, Jr; and Wife, Amy Fatjo, deceased, One Riverway, Suite
1400, Houston, Texas 77056, applicant, seeks a Water Use Permit pursuant to §11.121,
Texas Water Code, and Texas Natural Resource Conservation Commission Rules
30 TAC §§ 295.1, et seq. Applicant seeks authorization to divert
and use 32 acre-feet of water per annum from the Guadalupe River, Guadalupe
River Basin, at a point on the north bank located N 63° E, 190 feet from
the southwest corner of the J. A. Wickson Survey No. 674, Abstract No. 370,
also being Latitude 30.07° N, Longitude 99.31° W; at a maximum rate
of 0.22 cfs (98.74 gpm) to be conditionally supplied by an "Upstream Surface
Diversion Contract" with the Guadalupe-Blanco River Authority. This water
will be diverted directly from the Guadalupe River for impoundment and subsequent
irrigation use. Applicant also seeks to maintain an existing dam and reservoir
and impound therein not to exceed 11 acre-feet of water, also to be provided
by the aforesaid upstream contract, on an unnamed tributary (locally called
Bumble Bee Creek) of the Guadalupe River, Guadalupe River Basin, located in
aforesaid Survey, located approximately 1.7 miles in a easterly direction
from Hunt, Kerr County, Texas. Midpoint on the centerline of the dam is N
18.2° E, 2160 feet from the Southwest corner of the J. A. Wickson Survey
No. 674, Abstract No. 370 in Kerr County, also being Latitude 30.07° N,
Longitude 99.31°W; and has a surface area of 2.2 acres. Applicant also
seeks to subsequently divert up to 30 acre-feet of water per annum from the
aforementioned reservoir at a point on the reservoir located N 17°E, 2375
feet from the southwest corner of aforesaid Survey, also being Latitude 30.07°
N, Longitude 99.31°W, at a maximum rate of 0.22 cfs (98.74 gpm) for irrigation
of 23 acres of land out of a 173 acre-tract located in the aforesaid Wickson
Survey, the A. Z. Zumwalt Survey No. 1837, Abstract No. 988; and the R. Jones
Survey No. 1578, Abstract No. 1735, Kerco, Texas. Two acre-feet of the 32
acre-feet diverted and impounded will be utilized to account for evaporative
loss. The applicant has indicated that groundwater is available to supplement
irrigation during times of low streamflow and for maintaining the aforesaid
reservoir full at all times. The requested permit, if granted, will remain
in effect contingent upon maintenance of the aforesaid upstream contract with
the Guadalupe-Blanco River Authority.
Written public comments and requests for a public meeting should be submitted
to the Office of Chief Clerk, at the address provided in the information section
below, within 30 days of the date of newspaper publication of the notice.
A public meeting is intended for the taking of public comment, and is not
a contested case hearing. A public meeting will be held if the Executive Director
determines that there is a significant degree of public interest in the application.
The TNRCC may grant a contested case hearing on this application if a
written hearing request is filed within 30 days from the date of newspaper
publication of this notice. The Executive Director may approve the application
unless a written request for a contested case hearing is filed within 30 days
after newspaper publication of this notice. To request a contested case hearing,
you must submit the following: (1) your name (or for a group or association,
an official representative), mailing address, daytime phone number, and fax
number, if any; (2) applicant's name and permit number; (3) the statement
"[I/we] request a contested case hearing;" (4) a brief and specific description
of how you would be affected by the application in a way not common to the
general public; and (5) the location and distance of your property relative
to the proposed activity. You may also submit proposed conditions to the requested
permit which would satisfy your concerns. Requests for a contested case hearing
must be submitted in writing to the Office of the Chief Clerk at the address
provided in the information section below. If a hearing request is filed,
the Executive Director will not issue the permit and will forward the application
and hearing request to the TNRCC Commissioners for their consideration at
a scheduled Commission meeting.
Written hearing requests, public comments or requests for a public meeting
should be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O.
Box 13087, Austin, TX 78711-3087. For information concerning the hearing process,
please contact the Public Interest Counsel, MC 103, the same address. For
additional information, individual members of the general public may contact
the Office of Public Assistance at 1-800-687-4040. General information regarding
the TNRCC can be found at our web site at www.tnrcc.state.tx.us.
TRD-200100146
LaDonna Castañuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: January 9, 2001
The State Office Administrative Hearing issued a Proposal for Decision
and Order to the Texas Natural Resource Conservation Commission on December
7,2000. Executive Director of the Texas Natural Resource Conservation Commission,
Petitioner v. Fred Morris; Respondent; SOAH Docket No.582-01-0310;TNRCC Docket
No.1999-0733-MSW-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, 12118 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 PO 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-200100052
Doug Kitts
Certifying Official
Texas Natural Resource Conservation Commission
Filed: January 3, 2001
The Texas Natural Resource Conservation Commission (TNRCC or commission)
is required under the Texas Solid Waste Disposal Act, Texas 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 November
24, 2000, issue of the
Texas Register
(25
TexReg 11756).
Pursuant to §361.184(a), the commission must publish a notice of intent
to list a facility on the state registry of state Superfund sites in the
This publication 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. This notice of intent to list
this facility was also published on January 19, 2001, in the
Seguin Gazette
.
The facility proposed for listing is the Kingsbury Metal Finishing, Inc.
at 1720 Farm-to-Market Road 1104, Kingsbury, Texas. This site is approximately
14.94 acres located approximately 0.75 mile southeast of Kingsbury, Texas.
The entrance to the site is Latitude 29° 38' 29.42"N and Longitude 97°
48' 55.05"W.
Kingsbury Metal Finishing Company was a electroplating facility that began
business in May 1986. The facility was composed of four primary areas, the
main processing building, the wastewater treatment area, the discharge area
covered with fill, and the outdoor storage area. The main process building
contains approximately 30 plating process tanks filled with mixed plating
waste. The wastewater treatment area contains approximately seven tanks and
19 drums. Within the site are residentices.
A public meeting will be held Thursday, February 22, 2001, 6:30 p.m. at
the City Council Chambers, 205 North River, 1st
Floor, Seguin, 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 additional 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 (Texas Government Code, Chapter 2001).
Written comments may also be submitted to the attention of Ms. Carol Dye,
Project Manager, TNRCC, Superfund Cleanup Section, Remediation Division, MC-143,
P. O. Box 13087, Austin, Texas 78711-3087, telephone number (512) 239-1504.
All comments must be received by the commission on or before February 22,
2001.
The executive director of 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 Guadalupe County Public Library,
707 East College, Seguin, Texas, Monday - Thursday, 9:00 a.m. - 9 p.m., Friday
and Saturday 9:00 a.m. - 5 p.m., closed Sunday. Copies of the complete public
record file may be obtained during regular business hours, 8:00 a.m. - 5:00
p.m., at the TNRCC Records Management Center, Building D, Room 190, 12100
Park 35 Circle, Austin, Texas 78753; telephone numbers (800) 633-9363 or (512)
239-2920. Photocopying of file information is subject to payment of a fee.
Handicapped parking is available on the east side of TNRCC Building D,
convenient to access ramps that are between Buildings D and E.
TRD-200100158
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: January 10, 2001
Notice of Application for a Certificate to Provide Retail Electric Service
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on December 21, 2000, for retail electric
provider (REP) certification, pursuant to §§39.101 - 39.109 of the
Public Utility Regulatory Act (PURA). A summary of the application follows.
Docket Title and Number: Application of Entergy Solutions Ltd. for Retail
Electric Provider (REP) certification, Docket Number 23460 before the Public
Utility Commission of Texas.
Applicant's requested service area by geography includes the entire state
of Texas.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or
call the commission's Customer Protection Division at (512) 936-7120 no later
than January 26, 2001. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-200100047
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 3, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on December 28, 2000, for retail electric
provider (REP) certification, pursuant to §§39.101 - 39.109 of the
Public Utility Regulatory Act (PURA). A summary of the application follows.
Docket Title and Number: Application of Strategic Energy, L.L.C., doing
business as Texas Strategic Energy, L.L.C. for Retail Electric Provider (REP)
certification, Docket Number 23489 before the Public Utility Commission of
Texas.
Applicant's requested service area by geography includes the entire state
of Texas.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or
call the commission's Customer Protection Division at (512) 936-7120 no later
than January 26, 2001. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-200100050
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 3, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on January 3, 2001, for retail electric
provider (REP) certification, pursuant to §§39.101 - 39.109 of the
Public Utility Regulatory Act (PURA). A summary of the application follows.
Docket Title and Number: Application of XERS, Inc. for Retail Electric
Provider (REP) certification, Docket Number 23510 before the Public Utility
Commission of Texas.
Applicant's requested service area by geography includes the entire state
of Texas.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or
call the commission's Customer Protection Division at (512) 936-7120 no later
than January 26, 2001. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-200100083
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 8, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on January 5, 2001, for retail electric
provider (REP) certification, pursuant to §§39.101 - 39.109 of the
Public Utility Regulatory Act (PURA). A summary of the application follows.
Docket Title and Number: Application of Star Power, LLC for Retail Electric
Provider (REP) certification, Docket Number 23521 before the Public Utility
Commission of Texas.
Applicant's requested service area by geography includes the geographic
area of the Electric Reliability Council of Texas (ERCOT).
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or
call the commission's Customer Protection Division at (512) 936-7120 no later
than January 26, 2001. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-200100112
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 9, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on December 21, 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 LightWave Communications, LLC for
a Service Provider Certificate of Operating Authority, Docket Number 23382
before the Public Utility Commission of Texas.
Applicant intends to provide fiber optic leased-line service to business
customers.
Applicant's requested SPCOA geographic area includes the area served by
incumbent local exchange carriers Southwestern Bell Telephone Company and
Verizon Southwest throughout the state of Texas.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or
call the commission's Customer Protection Division at (512) 936-7120 no later
than January 24, 2001. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-200100046
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 3, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on December 22, 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 SoftSwitch Communications, Inc.
for a Service Provider Certificate of Operating Authority, Docket Number 23465
before the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service, ADSL, ISDN, HDSL,
SDSL, VDSL, T1-Private Line, Fractional T1, and long distance services.
Applicant's requested SPCOA geographic area includes the entire state of
Texas.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or
call the commission's Customer Protection Division at (512) 936-7120 no later
than January 24, 2001. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-200100048
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 3, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on December 27, 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 American Fiber Network, Inc., doing
business as AFN, Inc. for a Service Provider Certificate of Operating Authority,
Docket Number 23473 before the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service, ADSL, ISDN, long
distance, directory assistance, and operator services.
Applicant's requested SPCOA geographic area includes the entire state of
Texas.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or
call the commission's Customer Protection Division at (512) 936-7120 no later
than January 24, 2001. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-200100049
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 3, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on January 2, 2001, 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 NxGen Networks, Inc. for a Service
Provider Certificate of Operating Authority, Docket Number 23508 before the
Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service, ADSL, ISDN, HDSL,
Optical Services, T1-Private Line, Switch 56 KBPS, Frame Relay, Fractional
T1, and long distance services.
Applicant's requested SPCOA geographic area includes the area currently
served by Southwestern Bell Telephone Company throughout the state of Texas.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or
call the commission's Customer Protection Division at (512) 936-7120 no later
than January 24, 2001. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-200100066
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 4, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on December 22, 2000, for waiver of
requirements in P.U.C. Substantive Rule §26.130, Selection of Telecommunications
Utilities.
Docket Title and Number: Application of Bell Atlantic Communications, Inc.
doing business as Verizon Long Distance for Waiver of Requirements in P.U.C.
Substantive Rule §26.130. Docket Number 23466.
The Application: Bell Atlantic Communications, Inc. doing business as Verizon
Long Distance (Verizon) seeks waiver or clarification from the commission
of the applicability of certain slamming provisions of P.U.C. Substantive
Rule §26.130, as they apply in a §26.130(k) acquisition proceeding
such as is proposed herein. Due to merger and corporate restructuring, Verizon
wishes to streamline its operations and overlapping long distance service
offerings in the state of Texas. The consolidation will require the transfer
of customers from Verizon Select Services, Inc. to Verizon Long Distance.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326,
or call the commission's Customer Protection Division at (512) 936-7120. Hearing
and speech-impaired individuals with text telephones (TTY) may contact the
commission at (512) 936-7136. All comments should reference Docket Number
23466.
TRD-200100076
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 5, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of a joint application, filed on December 21, 2000,
to amend certificated service area boundaries 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 & Supplement 2000) (PURA). A summary
of the application follows.
Docket Style and Number: Joint Application of Nueces Electric Cooperative,
Inc. and Central Power and Light Company to Amend Certificated Service Area
Boundaries. Docket Number 23454.
The Application: A joint application was filed by Nueces Electric Cooperative,
Inc. (NEC) and Central Power and Light (CPL) as a result of the August 10,
1999, Stipulation and Agreement (the "Agreement") between American Electric
Power Company, Inc. (AEP), Central and South West Corporation (CSW), West
Texas Utilities Company, and South Texas Electric Cooperative, Inc. and its
six member distribution cooperatives, including NEC. The Agreement was reached
in the context of the AEP/CSW merger proceeding, Docket Number 19265. Applicants
seek amendment of their Certificates of Convenience and Necessity consistent
with those portions of the agreement that would divide the service areas served
dually by CPL and NEC and transfer customers, including the decertification
of any grandfathered areas associated with any existing or retired facilities
within proposed singly certificated territory of the other Applicant.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, P. O. Box 13326, Austin, Texas 78711-3326, or
call the commission's Customer Protection Division at (512) 936-7120 or (888)
782-8477. Hearing and speech-impaired individuals with text 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.
The commission should receive a letter requesting intervention on or before
the intervention deadline.
TRD-200100063
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 4, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application, filed on December 21, 2000, to amend
certificated service area boundary 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 & Supplement 2000) (PURA). A summary of the
application follows.
Docket Style and Number: Application to Amend Certificated Service Area
Boundary for Valentine Ranch Subdivision in Bandera County, Texas. Docket
Number 23464.
The Application: Due to recent development activities, City Public Service
(CPS) and Bandera Electric Cooperative, Inc. (BEC) met with developers of
proposed Valentine Ranch Subdivision and mutually decided that it would be
more cost effective and aesthetically acceptable for a single electric utility
to provide power to the subdivision in it's entirety. Initial plans indicate
a total of approximately 116 lots, with approximately 11 lots being partially
or entirely in BEC's certificated service boundary and the balance of about
105 lots being partially or entirely in CPS's certificated service boundary.
Since the majority of proposed lots lie within the existing certificated service
area boundary of CPS and CPS has existing capacity to service this entire
subdivision, BEC agreed to amend their service boundary with CPS to accommodate
this realignment.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, P. O. Box 13326, Austin, Texas 78711-3326, or
call the commission's Customer Protection Division at (512) 936-7120 or (888)
782-8477. Hearing and speech- impaired individuals with text 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.
The commission should receive a letter requesting intervention on or before
the intervention deadline.
TRD-200100065
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 4, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of a joint application, filed on December 21, 2000,
to divide multiply certificated service area boundaries pursuant to §§14.001,
37.051, 37.054, 37.056, 37.057 and 41.051 of the Public Utility Regulatory
Act, Texas Utilities Code Annotated (Vernon 1998 & Supplement 2000) (PURA).
A summary of the application follows.
Docket Style and Number: Joint Application of San Patricio Electric Cooperative,
Inc. and Central Power and Light Company to Divide Multiply Certificated Service
Areas. Docket Number 23455.
The Application: A joint application was filed by San Patricio Electric
Cooperative, Inc. (SPEC) and Central Power and Light Company (CPL) seeking
amendment of their certificates of convenience and necessity (CCN) consistent
with their agreement to divide their dually certificated service areas to
achieve single certification to be effective June 1, 2001, the beginning date
of the Texas Retail Competition Pilot. CPL and SPEC currently share dually
certificated service areas in south Texas and have reached an agreement which,
if approved and implemented, would result in these dually certificated service
areas becoming singly certificated. In general, customers currently taking
service from SPEC in areas to be singly certificated to CPL will be transferred
to CPL, and vice-versa. Certain distribution facilities would also be exchanged
between SPEC and CPL in connection with the single certification. As part
of SPEC and CPL's agreement, SPEC has adopted a resolution, pursuant to §41.051
of the Public Utility Regulatory Act (PURA), that will allow its customers,
like CPL's customers, to exercise customer choice beginning January 1, 2002.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, P. O. Box 13326, Austin, Texas 78711-3326, or
call the commission's Customer Protection Division at (512) 936-7120 or (888)
782-8477. Hearing and speech- impaired individuals with text 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.
The commission should receive a letter requesting intervention on or before
the intervention deadline.
TRD-200100064
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 4, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of a petition on December 8, 2000, for expanded local
calling service (ELCS), pursuant to Chapter 55, Subchapter C of the Public
Utility Regulatory Act (PURA). A summary of the application follows.
Project Title and Number: Petition of the Lexington Exchange for Expanded
Local Calling Service, Project Number 23387.
The petitioners in the Lexington Exchange request ELCS to the exchanges
of Caldwell, Elgin, Rockdale, Taylor, and Thorndale.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or
call the commission's Customer Protection Division at (512) 936-7120 no later
than January 24, 2001. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-200100075
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 5, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of a petition on November 30, 2000, for expanded local
calling service (ELCS), pursuant to Chapter 55, Subchapter C of the Public
Utility Regulatory Act (PURA). A summary of the application follows.
Project Title and Number: Petition of the McAdoo Exchange for Expanded
Local Calling Service, Project Number 23340.
The petitioners in the McAdoo exchange request ELCS to the exchanges of
Dickens, Floydada, Lubbock, Ralls, and Spur.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or
call the commission's Customer Protection Division at (512) 936-7120 no later
than January 24, 2001. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-200100073
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 5, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of a petition on December 6, 2000, for expanded local
calling service (ELCS), pursuant to Chapter 55, Subchapter C of the Public
Utility Regulatory Act (PURA). A summary of the application follows.
Project Title and Number: Petition of the Westhoff Exchange for Expanded
Local Calling Service, Project Number 23385.
The petitioners in the Westhoff Exchange request ELCS to the exchanges
of Cost, Gonzales, Nixon, and Smiley.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or
call the commission's Customer Protection Division at (512) 936-7120 no later
than January 24, 2001. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-200100074
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 5, 2001
On December 21, 2000, Southwestern Bell Telephone Company and Allegiance
Telecom of Texas, Inc., 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 23456. 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
23456. 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 January 25, 2001, 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 Customer Protection Division 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
23456.
TRD-200100103
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 8, 2001
On January 5, 2001, Southwestern Bell Telephone Company and Addison CLEC
Networks, Inc. doing business as BuzNet Communications, 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
23519. 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
23519. 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 February 5, 2001, 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 Customer Protection Division 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
23519.
TRD-200100142
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 9, 2001
On January 5, 2001, Southwestern Bell Telephone Company and Sage Telecom,
Inc., 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 23527. 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
23527. 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 February 5, 2001, 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 Customer Protection Division 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
23527.
TRD-200100143
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 9, 2001
The staff of the Public Utility Commission of Texas (commission) is establishing
a standard protective order for parties to use when submitting reports pursuant
to §25.91, Generating Capacity Reports.
The commission requests interested persons file comments addressing proposed
changes to the draft standard protective order. The draft standard protective
order is based on the protective order adopted in Docket Number 22344,
Sixteen copies of comments may be filed with the commission's Filing Clerk,
Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326,
Austin, Texas 78711- 3326. All comments should reference Project Number 21081.
Questions concerning Project Number 21081 may be referred to Richard Greffe,
Market Oversight Division, (512) 936-7404. Hearing and speech-impaired individuals
with text telephones (TTY) may contact the commission at (512) 936-7136.
TRD-200100111
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 9, 2001
On December 28, 2000, CenturyTel of Lake Dallas, Inc., CenturyTel of San
Marcos, Inc., CenturyTel of Port Aransas, Inc., and Sprint Spectrum, LP, 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 23490. 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 23490. 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 January 31, 2001,
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 Customer Protection Division 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
23490.
TRD-200100105
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 8, 2001
On December 21, 2000, Southwestern Bell Telephone Company and Preferred
Carrier Services, Inc. doing business as Phones For All and Telefones Para
Todos, 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
23458. 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 23458. 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 January 25, 2001,
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 Customer Protection Division 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
23458.
TRD-200100104
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 8, 2001
On December 29, 2000, Southwestern Bell Telephone Company and Go-Comm,
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
23498. 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 23498. 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 January 31, 2001,
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 Customer Protection Division 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
23498.
TRD-200100106
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 8, 2001
The staff of the Public Utility Commission of Texas (commission) requests
comments on a draft form for filing generating capacity reports pursuant to §25.91,
Generating Capacity Reports.
The commission will make copies of the draft form available for comment
in Central Records and on the commission's web site for Project Number 21081
on January 19, 2001. Parties are requested to provide comments on the draft
forms by February 2, 2001.
Sixteen copies of the comments may be filed with the commission's Filing
Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O.
Box 13326, Austin, Texas 78711-3326. All comments should reference Project
Number 21081.
Questions concerning Project Number 21081 may be referred to Richard Greffe,
Market Oversight Division, (512) 936-7404. Hearing and speech-impaired individuals
with text telephones (TTY) may contact the commission at (512) 936-7136.
TRD-200100110
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 9, 2001
The Public Utility Commission of Texas (commission) has initiated Project
Number 23528,
Rulemaking to Consider Changes to §26.125,
Automatic Dial Announcing Devices (ADADs) and Associated Forms
. As
a first step in this project, staff is proposing changes to the permit application
form. A draft of the proposed changes to the form will be available in Central
Records and on the commission's web site under Project Number 23528 no later
than January 19, 2001.
Interested persons may file written comments on the proposed changes to
the form no later than February 9, 2001, by filing 16 copies of comments with
the commission's Filing Clerk, Public Utility Commission of Texas, 1701 North
Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. All comments should
reference Project Number 23528.
Any questions concerning the proposed form or Project Number 23528 may
be directed to Betsy Tyson, Network Analyst, Telecommunications Division,
(512) 936-7323 or at email address betsy.tyson@puc.state.tx.us. Hearing and
speech-impaired individuals with text telephones (TTY) may contact the commission
at (512) 936-7136.
TRD-200100144
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 9, 2001
Consultant Contract Award
Sam Houston State University (SHSU), in accordance with provisions of Government
Code, Section 2254.030, announces the awarding of a consultant contract to
a consulting firm based in Washington, D.C. The solicitation for proposals
was published in the December 1, 2000 issue of the
Texas Register
(Volume 25, TexReg 12017).
The consultant will represent and assist the university in developing projects
deemed important to the university, assist the university in obtaining funding
for university projects, and provide consulting and representation as directed
by Sam Houston State University.
One proposal was received in response to this solicitation for proposals.
The proposal was from Mr. Bobby Mills/The Advocacy Group, 1350 I Street, NW,
Suite #680, Washington, D.C. 20005.
The consultant awarded the contract was: Mr. Bobby Mills/The Advocacy Group,
1350 I Street NW, Suite #680, Washington, D.C. 20005.
The consultant contract begins January 1, 2001 and ends December 31, 2001
with the option to renew. The fee estimate is $48,000, excluding expenses.
Reports and documents will be submitted as required.
TRD-200100058
B.K. Marks
President
Sam Houston State University
Filed: January 4, 2001
Office of the Attorney General
Texas Bond Review Board
Comptroller of Public Accounts
Notice of Request for Proposals
Office of Consumer Credit Commissioner
Credit Union Department
Texas Council for Developmental Disabilities
East Texas Council of Governments
Texas Department of Health
Notice of Request for Proposals for the Binational/Migrant Tuberculosis Tracking Network
Schedules of Controlled Substances
Health and Human Services Commission
Texas Department of Housing and Community Affairs
Notice of Administrative Hearing
Notice of Administrative Hearing
Notice of Administrative Hearing
Texas Department of Housing and Community Affairs Multifamily Housing Revenue Bonds (Villas at Crystal Falls) Series 2001
Houston-Galveston Area Council
Texas Department of Insurance
Notice of Public Hearing for Private Passenger and Commercial Automobile Insurance Rates Concerning the Texas Automobile Insurance Plan Association
Texas Lottery Commission
Instant Game No. 232 - "FA$T CA$H"
Instant Game No. 233 - "Cupid Cash"
Texas Natural Resource Conservation Commission
Enforcement Orders, Week Ending January 10, 2001
Extension of Deadline for Written Comments
Notices of Application and Preliminary Decision for a Municipal Solid Waste Permit
Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions
Notice of Opportunity to Participate in Permitting Matters
Notice of Revised Water District Applications
Notice of Water Rights Applications
Proposal for Decision
Public Notice
Public Utility Commission of Texas
Notice of Application for a Certificate to Provide Retail Electric Service
Notice of Application for a Certificate to Provide Retail Electric Service
Notice of Application for a Certificate to Provide Retail Electric Service
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application for Waiver of Requirements in P.U.C. Substantive Rule §26.130
Notice of Application to Amend Certificated Service Area Boundaries
Notice of Application to Amend Certificated Service Area Boundary
Notice of Application to Divide Multiply Certificated Service Area Boundaries
Notice of Petition for Expanded Local Calling Service
Notice of Petition for Expanded Local Calling Service
Notice of Petition for Expanded Local Calling Service
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Draft Standard Protective Order for Parties Submitting Generating Capacity Reports; and Request for Comments
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of New Form for Filing Generating Capacity Reports Pursuant to P.U.C. Substantive Rule §25.91; and Request For Comments
Public Notice of Proposed Revisions to the Automatic Dial Announcing Devices (ADADs) Form and Request for Comments
Sam Houston State University
Texas Department of Transportation