TITLE in-addition

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


Office of the Attorney General

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


Texas Bond Review Board

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


Comptroller of Public Accounts

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

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


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in 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/Commercial2 /credit thru $250,000.

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


Credit Union Department

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


Texas Council for Developmental Disabilities

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


East Texas Council of Governments

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


Texas Department of Health

Licensing Action for Radioactive Materials

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

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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


Notice of Request for Proposals for the Binational/Migrant Tuberculosis Tracking Network

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


Schedules of Controlled Substances

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TRD-200100187

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: January 10, 2001


Health and Human Services Commission

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


Texas Department of Housing and Community Affairs

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


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. 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


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. 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


Notice of Administrative Hearing

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


Texas Department of Housing and Community Affairs Multifamily Housing Revenue Bonds (Villas at Crystal Falls) Series 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


Houston-Galveston Area Council

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


Texas Department of Insurance

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


Notice of Public Hearing for Private Passenger and Commercial Automobile Insurance Rates Concerning the Texas Automobile Insurance Plan Association

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


Texas Lottery Commission

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


Instant Game No. 232 - "FA$T CA$H"

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


Instant Game No. 233 - "Cupid Cash"

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


Texas Natural Resource Conservation Commission

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, 2001 . The sentence in the first paragraph on page 12520 should read as follows.

"All comments must be received by 5:00 p.m. on January 17, 2001, and should reference 2000-1342-TML."

TRD-200100151


Enforcement Orders, Week Ending January 10, 2001

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


Extension of Deadline for Written Comments

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


Notices of Application and Preliminary Decision for a Municipal Solid Waste Permit

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


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

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (the Code), §7.075, which requires that the TNRCC may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is 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


Notice of Opportunity to Participate in Permitting Matters

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


Notice of Revised Water District Applications

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


Notice of Water Rights Applications

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


Proposal for Decision

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


Public Notice

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

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


Public Utility Commission of Texas

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 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 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 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 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 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 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 of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on 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 of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on 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 of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on 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 of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on 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 of Application for Waiver of Requirements in P.U.C. Substantive Rule §26.130

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 of Application to Amend Certificated Service Area Boundaries

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 of Application to Amend Certificated Service Area Boundary

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 of Application to Divide Multiply Certificated Service Area Boundaries

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 of Petition for Expanded Local Calling Service

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 of Petition for Expanded Local Calling Service

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 of Petition for Expanded Local Calling Service

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


Public Notice of Amendment to Interconnection Agreement

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


Public Notice of Amendment to Interconnection Agreement

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


Public Notice of Amendment to Interconnection Agreement

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


Public Notice of Draft Standard Protective Order for Parties Submitting Generating Capacity Reports; and Request for Comments

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, Generic Issues Associated with Applications for Approval of Unbundled Cost of Service Rate Pursuant to PURA §39.201 and P.U.C. Subst. R. §25.344 . The draft will be available in Central Records under Project Number 21081, and on the commission's web site, on Friday, January 19, 2001. Parties are requested to provide comments on the draft standard protective order by February 2, 2001.

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


Public Notice of Interconnection Agreement

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


Public Notice of Interconnection Agreement

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


Public Notice of Interconnection Agreement

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


Public Notice of New Form for Filing Generating Capacity Reports Pursuant to P.U.C. Substantive Rule §25.91; and Request For Comments

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


Public Notice of Proposed Revisions to the Automatic Dial Announcing Devices (ADADs) Form and Request for Comments

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


Sam Houston State University

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


Texas Department of Transportation

Request for Proposals-Intercity Bus

In accordance with Transportation Code, Chapter 455, the Texas Department of Transportation (TxDOT) is requesting proposals to develop and support intercity bus service within Texas. Specifically, funding for intercity bus service is to strengthen the connection between nonurbanized areas and the larger regional or national system of intercity bus service; to support services to meet the intercity travel needs of residents in nonurbanized areas; and to support the infrastructure of the intercity bus network through planning and marketing assistance and capital investment in facilities and vehicles.

For purposes of this RFP, the term "intercity service" is defined as regularly-scheduled bus service for the general public which operates with limited stops over fixed routes connecting two or more urban areas not in close proximity, which has the capacity for transporting baggage carried by passengers, and which makes meaningful connections with scheduled intercity bus service to more distant points, if such service is available.

For purposes of this RFP, the term "firm" is defined to include members of the intercity bus industry and local public bodies and agencies. The applicant must have the authority to enter into an agreement with TxDOT. Projects will be funded with grants of Federal Transit Administration funds (49 United States Code § 5311(f)) which can provide up to 80% of the cost of capital projects. The remaining balance must be from local funds. No state-appropriated funds will be available as match for the federal funds. Funds will be distributed on a reimbursement basis and must be obligated within 60 days from the date of award. All work must be completed within a specified time-period after the contract is executed. The contract period is one year for vehicle capital projects, one year for service planning and marketing activities, and two years for facility projects.

Description of Service. TxDOT has identified eligible projects in consultation with members of the public transportation industry and the intercity bus industry for:

1. The construction, rehabilitation, maintenance, or acquisition of public transit facilities;

2. Vehicle capital projects such as the modification of buses to board, secure, and transport persons with disabilities or the purchase of wheelchair-accessible vehicles with provisions for passenger luggage; and

3. Service or facility planning and marketing aimed at increasing public awareness and ridership of intercity bus transportation.

Proposals for public transit facilities must include open and equal access for all intercity bus carriers serving the community and at least one of the following: passenger rail, urbanized public transit, rural public transit, or common carrier air passenger service. TxDOT can provide up to 80% of the cost of construction, rehabilitation, maintenance, or purchase of public transit facilities. The appraised value of the land may be applied toward the local match if the land is owned by the entity submitting the proposal, and all environmental clearances have been completed on the land prior to the submission of the proposal. Funding for capital projects in urbanized areas (population over 50,000) is limited to those aspects of the project which directly benefit and support service to and from nonurbanized areas (population less than 50,000).

Proposals for vehicle capital projects may include but are not limited to the modification of over-the-road coaches to transport persons with disabilities, the purchase of wheelchair lifts, the installation of securement devices, the retrofitting of onboard restroom accommodations, and the purchase of lift-equipped vehicles with provisions for passenger luggage. Typical vehicles purchased through this program include conversion vans, cutaway vehicles, and medium-duty buses. TxDOT can pay up to 80% of the costs of the mobility aid modifications on currently owned or leased over the road coaches, or 80% of the cost of new, lift-equipped vehicles. TxDOT can pay up to 100% of the costs of the mobility aid modifications of new over-the-road coach purchases (not to exceed 20% of the total cost of the vehicle including modifications).

Proposals for planning and marketing activities may include but are not limited to route feasibility and route realignment studies, facility studies, television, radio, and print media advertising; billboards and signs; market research; route maps and schedules; information kiosks; and promotions. TxDOT can provide up to 80% of the cost of planning and marketing activities for the purpose of increasing public awareness and ridership of intercity bus transportation.

Funding Source. Funds to enhance intercity bus service in Texas are to be drawn from "set aside" dollars from the Federal nonurbanized public transportation program.

Evaluation Criteria. All proposals will be evaluated by addressing the qualifications of the contractor (30%), the proposed budget (20%), and the technical merits of the proposal (50%).

Public Transit Facilities. Preference will be given to projects located in areas with a population of less than 200,000. Preference will be given to projects offering an increased number of transportation mode choices (transit, air, rail, etc.). The proposed facility must serve more than one public transportation or intercity provider. Facility proposals should describe all phases of the project. Each phase should have enough detail to permit the department to fund each phase of the project upon completion. This will enable the department to establish a multiyear contract which will facilitate the funding for the entire project.

Funds are available for construction to include rehabilitation of terminals. Rehabilitation may include, but is not limited to, modifications required to make terminals accessible to persons with disabilities, roof renovation, and heating and air conditioning modernization. No funds for current or future terminal operations will be available.

Projects must comply with all local, state, and federal laws and rules, including environmental clearances. A typical intercity bus facility project may be considered as a categorical exclusion, requiring the completion of an environmental checklist available through the local TxDOT office. This checklist is also available through the public transportation and intercity bus links at

http://www.dot.state.tx.us/

The checklist must be completed within 90 days of the execution of the grant agreement. The finished facility must be owned by the firm, including private bus companies providing scheduled service, submitting the proposal. Land must be clear of liens and owned by the firm prior to the beginning of any construction activity.

The technical merits of proposals for public transit facilities will be determined by:

1. Cost of improvement - Number of passengers served annually divided by the cost of the project (20 points).

2. Terminal(s) located in area(s) with population less than 200,000 (20 points).

3. Number of different transportation modes using the terminal (20 points). The transportation mode must currently exist in the community to be considered for scoring.

4. Number of passenger amenities in completed terminal project (15 points).

5. Percent of local share. Itemize source and amount of local share. (10 points).

6. Project implementation timetable (15 points).

Vehicle Capital Projects. Preference will be given to proposals that increase the number of persons with disabilities served. Vehicle capital projects are limited to the purchase of wheelchair-accessible vehicles with provisions for passenger baggage and the conversion or retrofitting of vehicles to make them accessible to wheelchair passengers. Funds are not available for the purchase of over-the-road coaches. Modifications should be such that passengers requiring the use of mobility aids can safely enter and be secured. Modifications to existing vehicles should be done as part of a total rehabilitation to extend the life of the vehicle.

The technical merits of proposals for vehicle capital projects will be determined by:

1. Projected increase in number of persons with disabilities served - persons with disabilities served annually divided by number of passengers served annually (25 points).

2. Work with other public transportation and intercity providers (10 points).

3. Percentage of fleet to be converted or percentage increase in fleet accessibility (10 points).

4. Project goals and objectives clearly defined (20 points).

5. Project implementation timetable (20 points).

6. Percent of local share. Itemize source and amount of local share. (15 points).

Planning and Marketing Activities. Preference will be given to projects that target and clearly define a specific market segment and projects that improve intercity customer service.

The technical merits of proposals for planning and marketing activities will be determined by:

1. Goals and Objectives of project (20 points).

2. Work with other public transportation and intercity providers (20 points).

3. Cost of reaching target audience (marketing) or ridership (planning). Target audience or ridership divided by project cost (20 Points).

4. Project implementation timetable (20 points).

5. Percent of local share. Itemize source and amount of local share. (20 points).

TxDOT reserves the right to contact a firm to obtain written clarification of information submitted or any other matter deemed appropriate for the evaluations. No negotiations, decisions, or actions shall be executed by the bidder, or firm, as a result of any discussions with any state employee. TxDOT will contact the designated project manager in the event clarification is required during the proposal evaluation process. TxDOT will consider from firms only the addenda that are in writing and signed by an authorized officer of the firm.

In evaluating proposals, TxDOT has the right to accept or reject all or any proposal, and award the proposal to best serve the intercity bus industry in Texas. TxDOT has the right to accept or reject any part of a proposal, or modify any proposal to best serve the intercity bus industry in Texas. TxDOT has the right to limit the total amount awarded in any category to a third of the available funds. TxDOT has the right to use any or all information contained in the proposal, without limitation.

Proposal Submission and Requirements. Firms responding to this RFP must submit to TxDOT six identical copies of the proposal.

Proposals must contain at least the following information:

1. Cover Letter - This should include a brief summary of the proposed project, the name, address, and telephone number/fax number of the firm, and the name of the designated contact person.

2. Qualifications of the firm submitting the proposal - This is 30% of the evaluation of the proposal. This narrative shall articulate the firm's understanding of the project and demonstrate the firm's ability to complete the project. Describe any related projects the firm has completed that demonstrate the firm's abilities. List key personnel, qualifications, and roles in the project. Firms with existing intercity bus contracts must address contract performance including any lessons learned. Poor performance on past contracts may lead to disqualification of the proposal. The narrative must include evidence of coordination efforts. This evidence must include a certification that, whenever possible, and to the maximum extent feasible, the existing network of providers, and in particular the fixed route components of public transportation systems, will be used to meet the client transportation requirements of the state's social service agencies and their clients. A set of coordination questions that may be used to develop coordination evidence is available through the public transportation and intercity bus links at http://www.dot.state.tx.us/.

3. Technical Project Description - The firm should provide a detailed project outline/ work plan describing the technical merits of the proposal. The criteria for this part of the proposal will vary depending on the type of project being proposed. This is 50% of the evaluation of the proposal. The purpose of the project outline/work plan is to specify the exact nature of the project. The workplan should include a project implementation timetable that describes the sequence of key events in the project. Applicants should fully address how the project meets the scoring criteria specific to the type of project.

4. Project Budget - The firm is expected to provide detailed, itemized, specific project cost information with the understanding that supporting detail may be requested during the selection process. This is 20% of the evaluation of the proposal. Transit facility budgets must contain at a minimum: site preparation (if applicable), construction, material, supplies, labor, salary, and equipment costs. All facility budgets should include a separate contingency amount not to exceed 15% of the project budget. Vehicle capital budgets must include the estimated unit price of the vehicle(s) with an itemized price list of optional equipment or the unit cost of vehicle modification. Marketing and planning budgets must contain at a minimum: salary costs (by staff titles), fringe benefits (by staff titles), travel, equipment, supplies, and contract costs. All sources of match funds must be listed and documented for all projects.

3. Certifications - Each applicant is required to provide certifications and assurances with their proposal. These certifications and assurances include but are not limited to: Labor; Substance Abuse; Debarment and Suspension, Lobbying, and Environmental Compliance. Standard certifications may be previewed by selecting the "legal" tab at http://www.fta.dot.gov/ntl/index.html

4. Signature Page - All proposals must be signed by an officer of the firm.

Proposals must arrive at 150 E. Riverside, Austin, Texas 78704, (TxDOT, Public Transportation Division, Attn.: Paul Moon) no later than 4 p.m. on April 5, 2001. Proposals may be delivered by hand or by courier to 150 E. Riverside, Austin, Texas 78704, (TxDOT, Public Transportation Division, Attn.: Paul Moon). Proposals may be mailed to Paul Moon, TxDOT, Public Transportation Division, 125 E. 11th. Street, Austin, Texas 78701-2483. Facsimile or e-mail submissions will not be accepted by TxDOT. Proposals or modifications or addenda to proposals received after the prescribed date and time will not be considered. Any proposal may be modified or withdrawn by written notice received in the location designated above at any time prior to 4 p.m. on April 5, 2001. All proposals received, even those withdrawn from consideration, become the property of TxDOT.

Notification of Award. TxDOT will notify all firms submitting proposals in response to this RFP after the selection has been made. It is anticipated that projects will be selected on or about May 25, 2001. The relative standing or merits of unsuccessful projects will not be discussed. It is anticipated that contracts will be awarded on or about August 29, 2001.

Agency Contact. This request for proposals is also available on the TxDOT web page through the public transportation link at http://www.dot.state.tx.us/ until April 5, 2001. Questions concerning this request for proposals should be submitted to Paul Moon, TxDOT, Public Transportation Division, 125 E. 11th. Street, Austin, Texas 78701-2483, phone (512) 416-2825, e-mail:

pmoon@dot.state.tx.us

Interested parties may attend a pre-proposal conference at 1:30 p.m. on February 15, 2001, in the Motor Vehicle Division Board Room (1B1) at 150 East Riverside Drive in Austin, Texas. Written questions received before the pre-proposal conference will be answered during the conference.

TRD-200100192

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: January 10, 2001