TITLE in-addition

State Auditor's Office

Consultant Proposal Request

Notice of Invitation for Proposal . The State Auditor's Office invites offers of services from independent firms for the purposes of obtaining an updated review of key investment issues for the Teacher Retirement System (System). The original review was performed by Independent Fiduciary Services, Inc. (IFS). The State Auditor's Office intends to award a contract for the follow-up review to IFS unless a better offer is received, price and other factors being considered.

General Information . The System was established by amendment to the Texas Constitution in 1936 and enactment of statutes in 1937 to provide a retirement program for persons employed in public education in professional and business administration, supervision, and instruction. A general overview of the powers and duties of the System are set forth in Article 16, Section 67, of the Texas Constitution and Title 8, Subtitle C, of the Texas Government Code. Additional information about the System may be obtained from the System's website, http://www.trs.state.tx.us.

Description of Project . This independent review is intended to update and build upon certain key investment issues identified and analyzed in the original report, entitled Report To The Legislative Audit Committee Regarding the Investment Program and Practices of the Teacher Retirement System submitted October 1996, prepared by IFS. A more complete description of the requested services may be obtained by submitting a written request to: Teacher Retirement System Follow-Up Review, c/o State Auditor's Office, P.O. Box 12067, Austin, Texas, 78711-2067, attention: Joe White.

Closing Date for Receipt of Proposals. Written proposals offering to provide the requested services must be either hand-delivered to the State Auditor's Office at 1501 North Congress Avenue, 4th Floor, Austin, Texas, between the hours of 8 a.m. and 5 p.m., Monday-Friday, or sent by certified mail either to the post office box address or the street address specified above. Proposals must be received no later than 5 p.m. on February 22, 2001, except that proposals postmarked on or before February 20, 2001, and received subsequent to the closing date will also be considered.

Selection Process . In evaluating proposals, the State Auditor's Office will consider: 1) the demonstrated competence, knowledge, and qualifications of the firm as a whole and of the professional staff who will work on the review; 2) the firm's technical expertise in analyzing the investment operations of public retirement systems; 3) the extent to which the firm's proposed services accomplish the purposes and specifications of this Consultant Proposal Request; and 4) the reasonableness of costs for the services proposed. As noted above, the State Auditor's Office intends to award a contract for the follow-up review to IFS, the firm that performed the original investment performance review, unless a better offer is received, price and other factors being considered.

Project Timing and Cost . Contingent upon the negotiation of a contract with the offeror selected, the period of performance for the review is anticipated to be March 1, 2001 through July 31, 2001; however, the State Auditor's Office reserves the right to negotiate extensions to the contract period and add additional performance elements, if warranted, based upon progress reports submitted by the offeror selected.

General Terms and Conditions . The State Auditor's Office reserves the right to accept or reject any (or all) proposals submitted. The information contained in this Consultant Proposal Request is intended to serve only as a general description of the services desired. Additional terms and conditions relating to this Consultant Proposal Request will be available as specified above in this Consultant Proposal Request.

The responses hereto will be used as a basis for further negotiation of specific project details with offerors. Issuance of this Consultant Proposal Request creates no obligation to award a contract or to pay any costs incurred in the preparation of a proposal.

TRD-200100326

Leticia E. Flores

Associate General Counsel

State Auditor's Office

Filed: January 17, 2001


Texas Commission for the Blind

Notice of Public Hearing

The Texas Commission for the Blind will hold a Town Meeting on Tuesday, January 30, 2001, from 1:30 p.m. until 3:00 p.m., at 801 Austin Avenue, Suite 190, Waco, Texas. The purpose of this Town Meeting is to provide people the opportunity to comment on current agency services. These recommendations and suggestions will be used in agency planning, updating our State Plan, and in improving our services.

Individuals who are unable to attend are invited to send written comments by February 1, 2001, to Mel Fajkus, Texas Commission for the Blind, 4800 North Lamar, Suite 220, Austin, Texas 78756. Comments by fax (512-377-0682) and e-mail (mel.fajkus@tcb.state.tx.us) are also welcome.

Persons who plan to attend the meeting and will require an interpreter for the deaf or hearing impaired should call 1-800-687-7039 at least three days prior to the meeting so that arrangements may be made.

Additional information about the meeting may be obtained from Mel Fajkus, (512) 377-0487. Jean Crecelius Policy & Rules Coordinator Texas Commission for the Blind 4800 N. Lamar, Austin TX 78756 (512) 377-0611 Fax: (512) 377-0682 jeanc@tcb.state.tx.us

TRD-200100290

Terrell I. Murphy

Executive Director

Texas Commission for the Blind

Filed: January 17, 2001


Center for Rural Health Initiatives

Request for Proposals ("RFP") for Medically Underserved Community-State Matching Incentive Program

The Center for Rural Health Initiatives is issuing a Request for Proposals ("RFP") for the Medically Underserved Community-State Matching Incentive Program. The purpose of this RFP is to provide the applicant with the information necessary to apply for matching state grant funds under the provisions of this program.

The purpose of this program is to increase the number of physicians providing primary care in medically underserved communities, particularly rural.

USE OF FUNDS: The funds can be used to establish a medical office and ancillary facilities for diagnosing and treating patients. The optimum use of funds would be for the purchase of equipment and furnishings that would establish a new practice site. The site will continue to serve the primary care needs of the community beyond the grant period, and the physician will agree to practice for a minimum of two years.

AMOUNT OF AWARDS: The funding available for support of this program during FY 2002 is $250,000. Approximately 10 projects will be funded. Under the requirements of this program the state grants funds of up to $25,000 to match the contributions by community groups to cover start-up costs for new physicians.

ELIGIBLE APPLICANTS: An eligible community must be in an underserved area as determined by the U.S. Department of Health and Human Services or the Texas Department of Health. The community must make a commitment of $15,000 - $25,000 in contributions toward the project and contract with a physician eligible to participate in this program.

Eligible physicians include those in family/general practice, general pediatrics, general internal medicine, or general obstetrics/gynecology. The physician must be licensed to practice in the State of Texas, have completed an accredited residency program, and have contracted with the community to provide full-time primary care for at least two years. A physician who completed residency within the last ten years will be given priority consideration.

EVALUATION AND SELECTION: The Center will prioritize the eligible communities to assure that the neediest are provided grants. The prioritization process will quantify indicators of need that may include, but are not limited to, the following: no practicing primary care physicians; only one primary care physician and a population of at least 2,000; no federally or state-funded primary care clinic; no practicing physician assistants or nurse practitioners; the participating physician will be the only physician practicing in one of the primary care specialties; a large minority population, if the participating physician is a member of the same minority group; designation by the United States Department of Health and Human Services as a primary care Health Professional Shortage Area (HPSA) for at least the last five years; a population-to-primary care provider ratio in the top 25% of all counties in the state; poverty rates above the state average; and median family incomes at least 25% below the state average.

DEADLINE: Applications are available February 1, 2001. Completed applications are due by May 31, 2001. Announcement of the selected applicants will be made by June 15, 2001.

CONTRACT PERIOD: The budget period for applications funded under this RFP will be September 1, 2001 - August 31, 2002.

CONTACT PERSON: To obtain the application, please contact: David Darnell, Program Administrator, Center for Rural Health Initiatives, P.O. Drawer 1708, Austin, Texas 78767-1708, (512) 479-8891, email ddarnell@crhi.state.tx.us.

TRD-200100270

Mike Easley

Executive Director

Center for Rural Health Initiatives

Filed: January 16, 2001


Coastal Bend Workforce Development Board

Request for Proposals

The Coastal Bend Workforce Development Board (CBWDB) is seeking proposals for the operation and management of major functions of its Workforce Delivery System for Program Year 2001, which begins July 1, 2001 and ends June 30, 2002. The system incorporates, general workforce information and referral, employer serves, client intake and eligibility and assessment, case management, job placement follow up and retention and comprehensive youth services as funded by Workforce Investment Act, Welfare Reform: Temporary Assistance to Needy Families (TANF)/Choices, Welfare to Work, Food Stamp Employment and Training, Employment Retention and Advancement Project (ERA), and Child Care for a 12-county area, which includes Aransas, Bee, Brooks, Duval, Jim Wells, Kenedy, Kleberg, Live Oak, McMullen, Nueces, Refugio and San Patricio with a population of approximately 542,000.

The Board is seeking proposals for the following major functions to be provided through the workforce centers and field offices:

Part A: Workforce Center Primary Services: Universal Access, Employer Services, Child Care Management which will include the following 12 counties: Aransas, Bee, Brooks, Duval, Jim Wells, Kenedy, Kleberg, Live Oak, McMullen, Nueces, Refugio and San Patricio

The contractor will provide universal access to all workforce center services as well as outreach, recruitment, intake, eligibility determination, basic assessment and testing, referral to the case management contractor and the youth development services contractor. The contractor will provide child care management services to include outreach, information orientation, assistance accessing financial aid information on child care providers and case management.

Part B: Adult Case Management Services which will include the following 12 counties: Aransas, Bee, Brooks, Duval, Jim Wells, Kenedy, Kleberg, Live Oak, McMullen, Nueces, Refugio and San Patricio

The contractor will provide case management services to all adult workforce center clients. Such services include intensive assessment, case management, referral to other services, placement services, follow-up and retention services.

Part C: Youth Development Services which will include the following 12 counties: Aransas, Bee, Brooks, Duval, Jim Wells, Kenedy, Kleberg, Live Oak, McMullen, Nueces, Refugio and San Patricio

The contractor will provide services to prepare youth ages 14-21 to become productive members of their community. Such services include outreach, intake and assessment of in-school and out-of-school youth, case management, and referral to educational, training and employment activities to improve their educational and skills competencies.

Proposers may bid on Part A, B, and/or Part C or any combination thereof.

The RFP package will be issued on Wednesday, January 17, 2001, at 1:00 p.m. Prospective proposers may obtain one copy of the RFP package at the conference or by contacting Ramiro Hoyos, Jr., Director of Quality Assurance at (361) 225-1098, ext. 115. RFP packages will be available to the public upon request at the Board Administrative Offices located at the address indicated below.

The conference will be held on Monday, January 22, 2001, at 10:00 a.m. , at the Embassy Suites Hotel, Redfish Room, 4337 South Padre Island Drive, Corpus Christi, Texas 78411. Attendance at the Pre-Proposal Conference is not mandatory, but is strongly recommended.

The deadline for submission of proposals is Thursday, March 1, 2001 at 4:00 p.m. , at the CBWDB Administrative Offices located at 4444 Corona, Suite 215, Corpus Christi, Texas 78411. The CBWDB reserves the right to accept or reject any and all proposals.

TRD-200100289

Allan Meriwether

President/CEO

Coastal Bend Workforce Development Board

Filed: January 17, 2001


Coastal Coordination Council

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

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for these activities extends 30 days from the date published on the Coastal Coordination Council web site. Requests for federal consistency review were received for the following projects(s) during the period of December 14, 2000, through January 4, 2001. The public comment period for these projects will close at 5:00 p.m. on February 5, 2001.

FEDERAL AGENCY ACTIONS

Applicant: City of La Porte; Location: The project site is located on the south side of the mouth of Little Cedar Bayou and Galveston Bay in La Porte, TX, Harris County. Approximate UTM Coordinates: Zone 15; Easting: 305000; Northing: 3280800. CCC Project No.: 01-0010-F1; Description of Proposed Action: The Little Cedar Bayou Shoreline Stabilization Project includes the construction of a 470-foot permanent wave barrier to protect the eroding southern shoreline of Little Cedar Bayou. The wave barrier will be comprised of riprap and/or riprap and concrete blocks stacked at an elevation of 1.12 feet above mean sea level. At the bottom of the wave barriers a Mirafi Filterweave 700 mat will be used to minimize the amount of fill and stabilize the subgrade. There will be four wave barriers proposed in the project. The two northernmost barriers will be 92 feet in length, the third barrier will be 102 feet long, and the southern most barrier will be 90.4 feet long. Type of Application: U.S.A.C.E. permit application #222206 under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and section 404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Coastal Coordination Council for review.

Further information for the applications listed above may be obtained from Ms. Diane P. Garcia, Council Secretary, Coastal Coordination Council, 1700 North Congress Avenue, Room 617, Austin, Texas 78701-1495, or diane.garcia@glo.state.tx.us. Comments should be sent to Ms. Garcia at the above address or by fax at (512) 475-0680.

TRD-200100329

Larry R. Soward

Chief Clerk, General Land Office

Coastal Coordination Council

Filed: January 17, 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 303.003, 303.009, and 304.003, Tex. Fin. Code.

The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the period of 01/22/01 - 01/28/01 is 18% for Consumer 1 /Agricultural/Commercial 2 /credit thru $250,000.

The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the period of 01/22/01 - 01/28/01 is 18% for Commercial over $250,000.

The judgment ceiling as prescribed by Sec. 304.003 for the period of 02/01/01 - 02/28/01 is 10% for Consumer/Agricultural/Commercial/credit thru $250,000.

The judgment ceiling as prescribed by Sec. 304.003 for the period of 02/01/01 - 02/28/01 is 10% for Commercial over $250,000.

1 Credit for personal, family or household use.

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

TRD-200100288

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: January 17, 2001


Credit Union Department

Application(s) to Amend Articles of Incorporation

Notice is given that the following applications have been filed with the Credit Union Department and are under consideration:

An application for a name change was received for Phillips Employees Credit Union, Dallas, Texas. The proposed new name is Shared Resources 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-200100293

Harold E. Feeney

Commissioner

Credit Union Department

Filed: January 17, 2001


Application(s) to Expand Field of Membership

Notice is given that the following applications have been filed with the Credit Union Department and are under consideration:

An application was received from North East Texas Credit Union, Lone Star, Texas to expand its field of membership. The proposal would permit persons who work or attend school in Marion County to be eligible for membership in the credit union.

An application was received from MemberSource Credit Union, Houston, Texas to expand its field of membership. The proposal would permit the employees of Kerr-McGee Oil & Gas Corporation, who work in or are paid or supervised from Houston, Texas to be eligible for membership in the credit union.

An application was received from Members Credit Union, Cleburne, Texas to expand its field of membership. The proposal would permit individuals and their immediate family members who live or work in Bosque, Hill, Hood and Somervell Counties to be eligible for membership in the credit union.

An application was received from South Texas Area Resources Credit Union, Corpus Christi, Texas to expand its field of membership. The proposal would permit the employees of Brock Maintenance, Inc., who work in or are paid from Corpus Christi, Nueces County, Texas to be eligible for membership in the credit union.

An application was received from Associated Credit Union, Deer Park, Texas to expand its field of membership. The proposal would permit persons who work or reside in the City of Deer Park, excluding from membership persons eligible for primary membership in any occupation or association based credit union at the time membership is sought to be eligible for membership in the credit union.

An application was received from Premier America Credit Union, Chatsworth, California to expand the field of membership of its out-of-state branch office located in Houston, Texas. The proposal would permit any and all persons who live, regularly work, or currently attend school in Harris County, as well as any and all businesses, corporations, organizations, associations or other legal entities in Harris County, Texas to be eligible for membership in the credit union.

An application was received from Premier America Credit Union, Chatsworth, California to expand the field of membership of its out-of-state branch office located in Houston, Texas. The proposal would permit any and all persons who live, regularly work, or currently attend school in Fort Bend County, as well as any and all businesses, corporations, organizations, associations or other legal entities in Fort Bend County, Texas to be eligible for membership in the credit union.

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

TRD-200100292

Harold E. Feeney

Commissioner

Credit Union Department

Filed: January 17, 2001


Notice of Final Action Taken

In accordance with the provisions of 7 TAC §91.103, the Credit Union Department provides notice of the final action taken on the following application(s):

Application(s) to Expand Field of Membership - Approved

San Jacinto Area Credit Union, Pasadena, Texas - See Texas Register issue dated November 24, 2000

Texas Dow Employees Credit Union, Lake Jackson, Texas (3 Appls.) - See Texas Register issue dated November 24, 2000

Application(s) to Amend Articles of Incorporation - Approved

Temple Santa Fe Credit Union, Temple, Texas - See Texas Register issue dated December 29, 2000

Cabot & IRI Employees Credit Union, Pampa, Texas - See Texas Register issue dated December 29, 2000

TRD-200100291

Harold E. Feeney

Commissioner

Credit Union Department

Filed: January 17, 2001


East Texas Council of Governments

Request for Proposals to Provide Public Transportation Consulting Services

The East Texas Council of Governments is soliciting proposals to provide Public Transportation Consulting Services. A pre-proposal conference will be conducted on January 25, 2001 at 2:00 p.m. in the ETCOG Conference Room located at 3800 Stone Rd, Kilgore, Texas 75662. Proposal Due Date is February 13 at 2:00 p.m. Proposals will be opened at same time. Sealed Proposal must be addressed to: Roxanne Pitts-Mackey, Transportation Manager, 3800 Stone Rd, Kilgore, Texas 75662. To obtain a proposal packet, call Roxanne Pitts-Mackey at (903) 984-8641.

TRD-200100197

Glynn Knight

Executive Director

East Texas Council of Governments

Filed: January 10, 2001


Texas Department of Health

Notice of Correction of Error to the Licensing Actions for Radioactive Materials

The Texas Department of Health (department) issued a notice of Licensing Actions for Radioactive Materials in the January 12, 2001, issue of the Texas Register (26 TexReg 717), TRD-200009068, which referenced Gulf Coast Cardiology Group AP as the first Licensee listed. The department issued another notice of Licensing Actions for Radioactive Materials in the January 19, 2001, issue of the Texas Register (26 TexReg 792), TRD-200100157, which referenced Southwest Cardiovascular as the first Licensee listed. The last paragraph in each notice was published incorrectly and should have read as the following.

"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 demonstrates that the person has suffered or will suffer actual injury or economic damage and, if the person is not a local government, is (a) a resident of a county, or a county adjacent to the county, in which radioactive material is or will be located, or (b) doing business or has a legal interest in land in the county or adjacent county. 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-200100287

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: January 17, 2001


Notice of Emergency Cease and Desist Order on Hubert Stephens, Jr. D.C.

Notice is hereby given that the Bureau of Radiation Control (bureau) ordered Hubert Stephens, Jr., D.C. (registrant-R01627) of Wichita Falls to cease and desist operating the Fischer x-ray unit (Model Number TC-50; Serial Number 0-10132) until the registrant adequately restricts the unit's x-ray field to the area of clinical interest. The bureau determined that the resulting excessive radiation exposure to patients constitutes an immediate threat to public health and safety, and the existence of an emergency. The order will remain in effect until the bureau authorizes the registrant to operate the x-ray unit.

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

TRD-200100280

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: January 17, 2001


Notice of Intent to Revoke Certificates of Registration

Pursuant to 25 Texas Administrative Code §289.205, the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed complaints against the following registrants: Michael K. Spencer, D.D.S., Fort Worth, R10402; Claude R.Williams, Jr., D.D.S., Dallas, R12539; David H. Grinsfelder, D.D.S., Dallas, R17998; Laney Chiropractic and Rehabilitation Center, Keller, R18126; BP Exploration, Inc., Houston, R18962; Robert D. Balboa, D.D.S., Dallas, R19882; Accumin Analysis, Houston, R22771; Desert-Tech, El Paso, R23390; Cody Doyle, D.C., Richland Hills, R23476; Lake Pointe Dental Associates, Austin, R25044.

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

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

A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 34-6688, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200100282

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: January 17, 2001


Notice of Intent to Revoke the Radioactive Material License of Outpatient Diagnostic Nuclear Medicine, Inc.

Pursuant to 25 Texas Administrative Code §289.205, the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed a complaint against the following licensee: Outpatient Diagnostic Nuclear Medicine Inc., El Paso, L05199.

The complaint alleges that the licensee has failed to pay required annual fees. The department intends to revoke the radioactive material license; order the licensee to cease and desist use of such radioactive material; order the licensee to divest himself of the radioactive material; and order the licensee to present evidence satisfactory to the bureau that he has complied with the orders and the provisions of the Texas Health and Safety Code, Chapter 401. If the fee is paid within 30 days of the date of the complaint, the department will not issue an order.

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

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

TRD-200100279

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: January 17, 2001


Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation to Hubert Stephens, Jr., D.C.

Notice is hereby given that the Bureau of Radiation Control (bureau), Texas Department of Health (department), issued a notice of violation and proposal to assess an administrative penalty to Hubert Stephens, Jr., D.C. (registrant-R01627) of Wichita Falls. A total penalty of $5,000 is proposed to be assessed to the registrant for alleged violations of 25 Texas Administrative Code §289.227.

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

TRD-200100281

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: January 17, 2001


Notice of Request for Proposals for Direct Health and Specialty Services for Children with Special Health Care Needs

INTRODUCTION

The Texas Department of Health (department) announces a Request for Proposals (RFP) for direct specialty services in areas of Texas without adequate health resources for Children with Special Health Care Needs (CSHCN), i.e., unserved or underserved areas of the state. Applicants must document the extent of unmet need for CSHCN services in their proposal. These services shall be integrated with those already provided to the child by the local community and shall help assure that children with special health care needs receive direct services that are comprehensive, community based, and culturally competent. The RFP will be released on February 23, 2001.

ELIGIBLE APPLICANTS

Eligible applicants include public and private agencies and organizations who are current or potential service (traditional and non-traditional) providers for CSHCN.

Entities that have had state or federal contracts terminated within the last 24 months for deficiencies in fiscal or programmatic performance are not eligible to apply. Applicants must provide historical evidence of fiscal and administrative responsibility as outlined in the administrative information section of the RFP instructions.

AVAILABILITY OF FUNDS

The projected amount available is approximately $200,000 for a 12-month period. The department expects to fund three to four projects. The specific dollar amount to be awarded will depend upon the merit and scope of the proposed project(s) and the availability of funds. Funds awarded will be designated for a specifically-defined purpose as described in the RFP and may not be used for any other project(s).

Continued funding in future years will be based upon availability of funds and documented progress of the project(s) during the prior budget period. Funding may vary and is subject to change for each budget period.

REVIEW AND AWARD CRITERIA

Each application will be screened for minimum eligibility and completeness, as well as satisfactory fiscal and administrative history. Applications deemed ineligible, or that arrive after the deadline, will not be reviewed.

Eligible, complete applications will be reviewed and scored by evaluators, according to the quality and thoroughness of the application and the demonstrated potential of the applicant to provide quality specialty services.

DEADLINE

Proposal must be prepared according to instructions in the RFP package and must be received on or before 5:00 p.m. Central Daylight Saving Time on April 13, 2001.

TO OBTAIN A COPY OF THE REQUEST FOR PROPOSALS

To request a copy of the RFP on or after February 23, 2001, please contact Contract Management Section M-370, Bureau of Children's Services, Texas Department of Health, 1100 West 49th Street, Austin, TX 78756-3199, e-mail: contractmgt@tdh.state.tx.us, or fax (512) 458- 7446.

The RFP will also be available at www.tdh.state.tx.us/cshcn/default.htm on February 23, 2001.

TRD-200100285

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: January 17, 2001


Notice of Request for Proposals for Family-to-Family Partnerships to Serve Children with Special Health Care Needs

INTRODUCTION

The Texas Department of Health (department) announces a Request for Proposals (RFP) for family-to-family partnership services for Children with Special Health Care Needs (CSHCN). For the purpose of this RFP, Family-to-Family Partnerships are projects which provide support to CSHCN families and utilize a family-driven approach to the services. These projects will assist CSHCN and their families in planning, accessing, and coordinating community-based services and support; will provide peer-to-family support; and will assist families in networking with other families of CSHCN. The RFP will be released on February 23, 2001.

ELIGIBLE APPLICANTS

Eligible applicants include public and private agencies and organizations that are current or potential service (traditional and non-traditional) providers for CSHCN. Projects located in areas currently implementing department/CSHCN Parent Case Management projects will not be considered. Applicants from areas with current need for case management services for CSHCN will be strongly considered, as will applicants who are able to serve multiple, especially rural, counties.

Entities that have had state or federal contracts terminated within the last 24 months for deficiencies in fiscal or programmatic performance are not eligible to apply. Applicants must provide historical evidence of fiscal and administrative responsibility as outlined in the administrative information section of the RFP instructions.

AVAILABILITY OF FUNDS

The projected amount available is approximately $750,000 for a 12-month period. The department expects to fund three to four projects. The specific dollar amount to be awarded will depend upon the merit and scope of the proposed project(s) and the availability of funds. Funds awarded will be designated for a specifically-defined purpose as described in the RFP and may not be used for any other project(s).

Continued funding in future years will be based upon availability of funds and documented progress of the project(s) during the prior budget period. Funding may vary and is subject to change for each budget period.

REVIEW AND AWARD CRITERIA

Each application will be screened for minimum eligibility and completeness, as well as satisfactory fiscal and administrative history. Applications deemed ineligible, or that arrive after the deadline, will not be reviewed.

Eligible, complete applications will be reviewed and scored by evaluators, according to the quality and thoroughness of the application and the demonstrated potential of the applicant to provide quality family-to-family partnership services.

DEADLINE

Proposal must be prepared according to instructions in the RFP package and must be received on or before 5:00 p.m. Central Daylight Saving Time on April 13, 2001.

TO OBTAIN A COPY OF THE REQUEST FOR PROPOSALS

To request a copy of the RFP on or after February 23, 2001, please contact Contract Management Section M-370, Bureau of Children's Services, Texas Department of Health, 1100 West 49th Street, Austin, TX 78756-3199, e-mail: contractmgt@tdh.state.tx.us, or fax (512) 458- 7446.

The RFP will also be available at www.tdh.state.tx.us/cshcn/default.htm on February 23, 2001.

TRD-200100284

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: January 17, 2001


Notice of Request for Proposals for Wellness Centers to Serve Children with Special Health Care Needs

INTRODUCTION

The Texas Department of Health (department) announces a request for proposals (RFP) to establish Wellness Centers that improve the quality of life for children with special health care needs (CSHCN) and their families through a program of activities that focus on wellness and strengthening community, for an initial 12-month project period beginning September 1, 2001 through August 31, 2002. The RFP will be available on February 23, 2001.

DESCRIPTION OF ACTIVITIES

Children with special health care needs and their families experience many barriers to participation in community activities, and their world can become confined to the issues of illness and treatment, rather than health and living. Wellness Center projects will be designed to focus on health and living throughout the lifespan of all children, recognizing that any child may develop special health care needs. Wellness Center programs may include recreation and fitness, family information and/or networking, health promotion, psychological counseling, dietary counseling, support groups, parent education, and other activities identified by the community. Wellness Center programs will target families and children, some of whom have special health care needs. Funds from the Texas Department of Health/Children with Special Health Care Need Program shall support CSHCN and their families. Wellness Center programs will be family-directed and feature strong community partnerships. Applicants will be required to assess the current needs, services, and barriers to access in their communities. The applicants will consult with families of children with special health care needs, service providers, and community leaders in preparation of their proposals.

ELIGIBLE APPLICANTS

Eligible entities include public or private nonprofit entities located within Texas, including community-based organizations, and public or private hospitals. Individuals are not eligible to apply. Community-based organizations that serve as Wellness Centers may include, but are not limited to, boys/girls/youth organizations, community centers, health centers, hospitals, churches, or school-based centers. Entities that have had state or federal contracts terminated within the last 24 months for deficiencies in fiscal or programmatic performance are not eligible to apply. Applicants must provide historical evidence of fiscal and administrative responsibility as outlined in the administrative information section of the RFP instructions.

AVAILABILITY OF FUNDS

The projected amount available is approximately $250,000 for a 12-month period. The department expects to fund two to four projects. The specific dollar amount to be awarded will depend upon the merit and scope of the proposed project(s) and the availability of funds. Funds awarded will be designated for a specifically-defined purpose as described in the RFP and may not be used for any other project(s).

Continued funding in future years will be based upon availability of funds and documented progress of the project(s) during the prior budget period. Funding may vary and is subject to change for each budget period.

REVIEW AND AWARD CRITERIA

Each application will be screened for minimum eligibility and completeness, as well as satisfactory fiscal and administrative history. Applications deemed ineligible, or that arrive after the deadline, will not be reviewed.

Eligible, complete applications will be reviewed and scored by evaluators, according to the quality and thoroughness of the application and the demonstrated potential of the applicant to provide quality wellness services.

DEADLINE

Proposal must be prepared according to instructions in the RFP package and must be received on or before 5:00 p.m. Central Daylight Saving Time on April 13, 2001.

TO OBTAIN A COPY OF THE REQUEST FOR PROPOSALS

To request a copy of the RFP on or after February 23, 2001, please contact Contract Management Section M-370, Bureau of Children's Services, Texas Department of Health, 1100 West 49th Street, Austin, TX 78756-3199, e-mail: contractmgt@tdh.state.tx.us, or fax (512) 458- 7446.

The RFP will also be available at www.tdh.state.tx.us/cshcn/default.htm on February 23, 2001.

TRD-200100286

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: January 17, 2001


Notice of Revocation of the Certificate of Registration of Tidwell Med Center

The Texas Department of Health, having duly filed complaints pursuant to 25 Texas Administrative Code §289.205, has revoked the following certificates of registration: Tidwell Med Center, Houston, R19909, January 8, 2001.

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

TRD-200100283

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: January 17, 2001


Texas Health and Human Services Commission

Public Notice

The Health and Human Services Commission State Medicaid Office has received approval from the Health Care Financing Administration to amend the Title XIX Medical Assistance Plan by Transmittal Number 00-19, Amendment Number 584.

The amendment reflects the current operational procedures of the Texas Medicaid managed care program as they relate to guaranteed eligibility and disenrollment rights. The amendment is effective November 1, 2000.

If additional information is needed, please contact Alison Smith, Texas Department of Health, at 512-794-6852.

TRD-200100193

Marina S. Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Filed: January 10, 2001


Public Notice

The Health and Human Services Commission State Medicaid Office has received approval from the Health Care Financing Administration to amend the Title XIX Medical Assistance Plan by Transmittal Number 00-16, Amendment Number 581.

The amendment establishes procedures for Day Activity and Health Services providers to obtain enhanced rates for attendant compensation. The amendment is effective September 1, 2000.

If additional information is needed, please contact Carolyn Pratt, Texas Department of Human Services, at 512-438-4057.

TRD-200100194

Marina S. Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Filed: January 10, 2001


Public Notice

The Health and Human Services Commission State Medicaid Office has received approval from the Health Care Financing Administration to amend the Title XIX Medical Assistance Plan by Transmittal Number 00-15, Amendment Number 580.

The amendment establishes procedures for Primary Home Care providers to obtain enhanced rates for attendant compensation. The amendment is effective September 1, 2000.

If additional information is needed, please contact Carolyn Pratt, Texas Department of Human Services, at 512-438-4057.

TRD-200100195

Marina S. Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Filed: January 10, 2001


Public Notice

The Health and Human Services Commission State Medicaid Office has received approval from the Health Care Financing Administration to amend the Title XIX Medical Assistance Plan by Transmittal Number 00-12, Amendment Number 576.

The amendment specifies the Health and Human Services Commission as the responsible state agency for rate setting for inpatient hospital services provided to individuals aged 65 and older in institutions for mental disease. The amendment also removes language relating to the initial rate period of November 16,1994 through April 30, 1996, but does not change the current reimbursement methodology. The amendment is effective October 1, 2000.

If additional information is needed, please contact Deborah Hankey, Texas Department of Mental Health Mental Retardation, at 512-206-5743.

TRD-200100196

Marina S. Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Filed: January 10, 2001


Texas Department of Housing and Community Affairs

Announcement of the Application Acceptance Period for the 2001 Low Income Housing Tax Credit Program Application Round

The Texas Department of Housing and Community Affairs (the Department) announces the Application Acceptance Period for the 2001 Low Income Housing Tax Credit Program Application Round.

The Application Acceptance Period Opening Date is 8:00 A.M. CST, Monday March 12, 2001.

The Close of the Bonus Period is 5:00 P.M. CST, Friday March 23, 2001.

The Close of the Application Acceptance Period is 5:00 P.M. CST, Monday, April 23, 2001.

The Low Income Housing Tax Credit Program assists in building affordable housing through the issuance of federal tax credits used to fund new construction and rehabilitation of multifamily residential developments. The tax credits allow the developments to be leased to qualified families at below market rents. The Qualified Allocation Plan and Rules (QAP) required under Section 42 of the Internal Revenue Code governs the administration of the program, provides application submission requirements and describes the policies and procedures by which the federal tax credits are distributed.

The 2001 LIHTC Application and supporting reference material will be available at the Department's web site at http://www.tdhca.state.tx.us.pdf/lihtc/2001_notice_app_avail.PDF. For more information on the program or to order a hard copy of the application package, please contact Brooke Boston of the LIHTC Program directly at (512) 475-3340 or at bboston@tdhca.state.tx.us.

TRD-200100322

Daisy A. Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: January 17, 2001


Announcement of the Low Income Housing Tax Credit Program Targeted Regional Distribution for the 2001 Credit Allocation

The Texas Department of Housing and Community Affairs (the Department) announces the targeted regional distribution for the 2001 credit allocation.

The Low Income Housing Tax Credit Program assists in building affordable housing through the issuance of federal tax credits used to fund new construction and rehabilitation of multifamily residential developments. The tax credits allow the developments to be leased to qualified families at below market rents. The Qualified Allocation Plan and Rules (QAP) required under Section 42 of the Internal Revenue Code governs the administration of the program, provides application submission requirements and describes the policies and procedures by which the federal tax credits are distributed.

As required by Section 2306.111 of the Texas Government Code, the Department will use a regional distribution formula to distribute credits from the State Housing Credit Ceiling. This formula established targeted tax credit amounts for each of the state service region and is based on an estimated state credit ceiling of $31,000,000.

The targeted credit amount for Region 1 is $1,251,337.

The targeted credit amount for Region 2 is $801,774.

The targeted credit amount for Region 3 is $5,031,533.

The targeted credit amount for Region 4 is $1,835,521.

The targeted credit amount for Region 5 is $1,400,401.

The targeted credit amount for Region 6 is $6,136,115.

The targeted credit amount for Region 7 is $2,506,211.

The targeted credit amount for Region 8A is $3,364,537.

The targeted credit amount for Region 8B is $6,028,813.

The targeted credit amount for Region 9 is $884,880.

The targeted credit amount for Region 10 is $1,758,878.

The targeted regional distribution for the 2001 credit allocation will be available at the Department's web site at http://www.tdhca.state.tx.us.pdf/lihtc/2001_alloc_serv_regions.pdf. For more information on the program please contact Brooke Boston directly at (512) 475-3340 or bboston@tdhca.state.tx.us.

TRD-200100321

Daisy A. Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: January 17, 2001


Public Hearings for the Weatherization Assistance Program for Low-Income Persons 2001 State Plan

The Texas Department of Housing and Community Affairs (TDHCA) announces that two public hearings will be held to receive comments on the draft and the final 2000 program year state plan for the Texas Weatherization Assistance Program for Low-Income Persons.

The first public hearing will be held at 2:00 p.m. on Monday, February 12, 2001 in Room 118 of the Stephen F. Austin Building, 1700 North Congress Avenue, Austin, Texas. At the hearing, a representative from TDHCA will provide descriptions of the Weatherization Assistance Program (WAP) and the proposed use of the United States Department of Energy funds for the program year, which begins April 1, 2001.

Local officials and citizens are encouraged to participate in the hearing process. Written and oral comments received will be used to finalize the FFY 2001 Texas Weatherization Assistance Program State Plan and Application. Written comments from those who cannot attend the hearing in person may be provided by the close of business at 5:00 p.m. on Monday, February 12, 2001, to Ms. Lolly Caballero, Senior Planner, Energy Assistance Section, Texas Department of Housing and Community Affairs, 507 Sabine, Suite 600, Austin, Texas 78701 or by electronic mail to lcaballe@tdhca.state.tx.us or by fax to (512) 475-3935. A copy of the proposed state plan may be requested by calling Ms. Caballero at (512) 475-0471 or by writing Ms. Caballero at the TDHCA address given above. The proposed draft plan will be available January 26, 2001.

The second public hearing will be held at 2:00 p.m. on Friday, February 16, 2001 in Room 119 of the Stephen F. Austin Building, 1700 North Congress Avenue, Austin, Texas. At the second hearing, a representative from TDHCA will provide descriptions of any changes incorporated into the final completed WAP plan. Written and oral comments received will be used to make any necessary final changes to the FFY 2001 WAP plan. Written comments from those who cannot attend the hearing in person may be provided by the close of business at 5:00 p.m. on Friday, February 16, 2001, to Ms. Lolly Caballero, Senior Planner, Energy Assistance Section, Texas Department of Housing and Community Affairs, 507 Sabine, Suite 600, Austin, Texas 78701 or by electronic mail to lcaballe@tdhca.state.tx.us or by fax to (512) 475-3935.

Individuals who require auxiliary aids or services for this meeting should contact Ms. 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.

TRD-200100272

Daisy A. Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: January 17, 2001


Houston-Galveston Area Council

Public Meeting

PUBLIC MEETING ON AMENDMENTS TO THE 2000-2002 TRANSPORTATION IMPROVEMENT PROGRAM (TIP) AND THE 2022 METROPOLITAN TRANSPORTATION PROGRAM (MTP)

Houston-Galveston Area Council

Thursday, February 8, 2001 at 5:30 p.m.

3555 Timmons Lane

Conference Room A, 2nd Floor

On Thursday February 8, 2001 at 5:30 p.m., the Houston-Galveston Area Council (H-GAC) Transportation Department will host a Public Meeting on proposed amendments to the 2000-2002 Transportation Improvement Program (TIP) and the 2022 Metropolitan Transportation Plan (MTP).

For details on these proposed amendments or for questions and comments, please contact Mr. Rick Beverlin, Sr. Transportation Planner at (713) 627-3200 or via e-mail at rick.beverlin@hgac.cog.tx.us. Comments on these amendments are welcome until 5:00 p.m. on Wednesday February 14, 2001. Faxed comments can be sent to (713) 993-4508.

TRD-200100243

Alan C. Clark

MPO Director

Houston-Galveston Area Council

Filed: January 12, 2001


Request for Proposal

AGENCY: Houston-Galveston Area Council (H-GAC)

CONTACT: Jerry L. Bobo, Program Manager

Transportation Data Management Group

HOUSTON-GALVESTON AREA COUNCIL

3555 Timmons Lane, Suite 500

Houston, Texas 77027-6426

(713) 627-3200

Description: The Houston-Galveston Area Council (H-GAC), as the Metropolitan Planning Organization (MPO), is requesting written proposals to review regional ITS activity and document integration strategies consistent with National ITS Architecture standards and revise the Regional ITS Strategic Plan. The consultant will acquire ITS Architecture for the Houston TranStar Traffic and Emergency Management Center projects and complete as needed such that all ITS projects are integrated into one set of flow diagrams and develop the Regional ITS Architecture. The Study Area for this project is defined as the Houston/Brazoria/Galveston-Texas City Consolidated Metropolitan Statistical Area (CMSA), which includes Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and Waller Counties. This area is also referred to as the Transportation Management Area (TMA). The Request for Proposal (RFP) can be viewed on H-GAC's web page at http://www.hgac.cog.tx.us/transportation/ by clicking on the "Get RFPs" tab on the upper left corner.

A copy of the Regional ITS Strategic Plan will be provided to the consultant along with the RFP as a guide for activities for this project. Both can be obtained at the H-GAC offices at 3555 Timmons Lane, Suite 500, Houston, Texas, 77027, or by contacting Mr. Jerry Bobo or Mr. Tung-Lung Cheng at (713) 627-3200.

A pre-proposal meeting is scheduled for February 8, 2001 at 10 a.m. at H-GAC's Conference Room "A" (Second Floor of 3555 Timmons Lane, Houston, Texas 77027). Questions from consultants concerning any aspect of the RFP will be addressed during this meeting. The deadline for the submission of this proposal is February 27, 2001 by 4 p.m.

TRD-200100218

Alan C. Clark

MPO Director

Houston-Galveston Area Council

Filed: January 12, 2001


Texas Department of Insurance

Insurer Services

Application to change the name of DENTAL INSURANCE COMPANY OF AMERICA, INC. to UNIMERICA INSURANCE COMPANY, a foreign life company. The home office is in Bethesda, Maryland.

Application to change the name of AXA GLOBAL RISKS US INSURANCE COMPANY to AXA CORPORATE SOLUTIONS INSURANCE COMPANY, a foreign fire and casualty company. The home office is in New York, New York.

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-200100324

Judy Woolley

Deputy Chief Clerk

Texas Department of Insurance

Filed: January 17, 2001


Third Party Administrator Application

The following third party administrator (TPA) application has been filed with the Texas Department of Insurance and is under consideration.

Application for incorporation in Texas of QualityCare Network of Texas, Ltd., a domestic third party administrator. The home office is San Antonio, Texas.

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

TRD-200100327

Judy Woolley

Deputy Chief Clerk

Texas Department of Insurance

Filed: January 17, 2001


Third Party Administrator Applications

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

Application for incorporation in Texas of New Horizon Benefit Administrators, Inc., a domestic third party administrator. The home office is Houston, Texas.

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

TRD-200100323

Judy Woolley

Deputy Chief Clerk

Texas Department of Insurance

Filed: January 17, 2001


Texas Lottery Commission

Instant Game No. 235 - "Masquerade Match Up"

1.0 Name and Style of Game.

A. The name of Instant Game No. 235 is "MASQUERADE MATCH UP". The play style is "match 3 (three) of 9 (nine) with doubler".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 235 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 235.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $100, $500, $2,000, and DOUBLE 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. 235 - 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. 235 - 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, $4.00, $5.00, $10.00, or $20.00.

H. Mid-Tier Prize - A prize of $40.00, $50.00, $100, or $500.

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

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 (235), 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: 235-0000001-000.

L. Pack - A pack of "MASQUERADE MATCH UP" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of five. Tickets 000-004 will be on the first page, 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 "MASQUERADE MATCH UP" Instant Game No. 235 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 "MASQUERADE MATCH UP" Instant Game is determined once the latex on the ticket is scratched off to expose nine (9) play symbols. If the player gets 3 like amounts, the player will win that amount. If the player gets 2 like amounts and a mask symbol, the player will win double that amount. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly nine (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 nine (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 nine (9) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the nine (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. There will be no four (4) or more like play symbols on a ticket.

C. The DOUBLE SYMBOL will never appear on a ticket which contains 3 like play symbols.

D. There will be no more than one (1) DOUBLE SYMBOL on a ticket.

E. No more than one pair will appear on a ticket containing a DOUBLE SYMBOL.

F. There will be no more than two (2) pairs of like play symbols on a ticket which does not contain a DOUBLE SYMBOL.

2.3 Procedure for Claiming Prizes.

A. To claim a "MASQUERADE MATCH UP" Instant Game prize of $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $40.00, $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 "MASQUERADE MATCH UP" Instant Game prize of $2,000, 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 "MASQUERADE MATCH UP" 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

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

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "MASQUERADE MATCH UP" 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 "MASQUERADE MATCH UP" 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. 235. The expected number and value of prizes in the game are as follows: Table 3 of this section

Figure 3:16 TAC GAME NO. 235- 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. 235 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. 235, 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-200100208

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: January 11, 2001


Texas Natural Resource Conservation Commission

Texas Irrigators Advisory Council

Agenda

January 23, 2001 - 9:30 A.M.

12100 PARK 35 CIRCLE - BUILDING A, ROOM 257

AUSTIN, TEXAS 78753

(512)-239-6659 or (512)-239-6658

Advisory committee met on January 23rd, 2001, and discussed the attached Items.

1. The Chairman of the Council will call the meeting to order.

2. The Council will approve the minutes from the September 11, 2000 Council meeting.

3. The Council will hear and discuss reports on the following topics:

A) Water Conservation issues: Report by Gene Barnes

B) Enforcement update report to be given by TNRCC staff, Dawn Minnard.

C) Plans for next Basic Training Ad Hoc Committee Meeting to be presented by Gene Reagan.

D) Examination modification report to be given by Richard Craig

4. The Council will hear a report by Carol Batterton on agency activities.

5. The Council will hear a report from Richard Craig on the status of the appointments to the Irrigators Advisory Council.

6. The Council will hear a discussion on rule changes by Richard Craig.

7. Comments and discussion of items of interest to the industry and general public will be heard.

8. The Advisory Council will adjourn.

TRD-200100275

Doug Kitts

Agenda Coordinator

Texas Natural Resource Conservation Commission

Filed: January 17, 2001


Notice of Opportunity to Comment on Default Orders 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 Default Orders (DOs). The TNRCC staff proposes a DO when the staff has sent an executive director's Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance, and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPR. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the TNRCC pursuant to Texas Water Code (the Code or TWC), §7.075, this notice of the proposed order and the opportunity to comment is 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 26, 2001 . The TNRCC will consider any written comments received and the TNRCC may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that a proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's jurisdiction, or the TNRCC's orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each of the proposed DOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Comments about the DO should be sent to the attorney designated for the DO at the TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on February 26, 2001 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, comments on the DOs should be submitted to the TNRCC in writing .

(1) COMPANY: Lonny Burnaman dba River Run Water System; DOCKET NUMBER: 2000- 0172-PWS-E; TNRCC ID NUMBER: 13084; LOCATION: County Road 461B off Farm-to-Market 461, Brazoria County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: §290.120(c) and §290.120(d), by failure to collect and submit samples for lead and copper analysis, §290.51(a)(e) and §341.041, by failing to submit a Lead/Copper Sample Site Selection Form; PENALTY: $900; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914.

(2) COMPANY: Raymond McBride; DOCKET NUMBER: 1999-1368-OSI-E; TNRCC ID NUMBER: None; LOCATION: Highway 87 approximately 1.7 miles south of the intersection of Highway 87 and Highway 190 and approximately 0.4 miles south of the intersection of Highway 87 and Loop 505 in Newton, Newton County, Texas; TYPE OF FACILITY: On-Site Sewage Facility (OSSF); RULES VIOLATED: §285.50(b) and §366.071, by installing the OSSF without valid certification; and §§366.004, 366.051(c), and 366.054, by beginning to construct, alter, repair, or extend the OSSF before the owner or owner's representative had shown proof of a permit and approved plan from the Commission or the district, failing to give proper notice to the district before installing the unauthorized OSSF and by failing to meet required minimum criteria for OSSFs, including the failure to provide a 330 foot drain field, the failure to provide a tank with two compartments, and the failure to provide a 1000 gallon tank capacity; PENALTY: $1,250; STAFF ATTORNEY: Rebecca Nash Petty, Litigation Division, MC-175, (512) 239-1738; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

TRD-200100266

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: January 16, 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 or TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the 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 26, 2001 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Comments about the AOs should be sent to the attorney designated for the AO at the TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on February 26, 2001 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys 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: Irma Miller dba Tex Motor Company; DOCKET NUMBER: 2000-0730-AIR-E; TNRCC ID NUMBER: DB-5224-L; LOCATION: 2323 East Main, Grand Prairie, Dallas County, Texas; TYPE OF FACILITY: Car Dealership; RULES VIOLATED: §114.20(c)(1) and Texas Health and Safety Code (THSC), §382.085(b), by offering for sale a vehicle in the State of Texas with missing required control systems devices; PENALTY: $500; STAFF ATTORNEY: Darren Ream, Litigation Division, MC R-4, (817) 469-6750; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(2) COMPANY: Southwest Utilities Inc; DOCKET NUMBER: 1999-0807-MWD-E; TNRCC ID NUMBER: 11255-001; LOCATION: Greenwood Village, 3010 Kowis Street, Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULES VIOLATED: TWC, by discharging waste into or adjacent to any water; PENALTY: $3,500; STAFF ATTORNEY: Josh Olszewski, Litigation Division, MC 175, (512) 239-3645; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3) COMPANY: Tatsch General Contractors, Inc.; DOCKET NUMBER: 1999-1370-OSI-E; TNRCC ID NUMBER: 3685; LOCATION: 1312 FM 32, Unit 11, San Marcos, Hays County, Texas; TYPE OF FACILITY: on-site sewage facilities (OSSF); RULES VIOLATED: §285.58(a)(3) and THSC, §366.051(c), by failing to obtain an authorization to construct from the local authorized agent before installing OSSFs, and §285.58(a)(5), by failing to install the OSSF that was authorized by the permitting authority; PENALTY: $750; STAFF ATTORNEY: Darren Ream, Litigation Division, MC R-4, (817) 469-6750; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(4) COMPANY: Texas Department of Transportation; DOCKET NUMBER:1998-1497-AIR-E; TNRCC ID NUMBER: EE-1695-P; LOCATION: 4201 Hondo Pass, El Paso, El Paso County, Texas; TYPE OF FACILITY: Maintenance Yard; RULES VIOLATED: §114.100(a) and §382.085(b), by dispensing gasoline that had an oxygen content less than 2.7% by weight; PENALTY: $1,000; STAFF ATTORNEY: Booker Harrison, Litigation Division, MC-175, (512) 239-4113; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(5) COMPANY: Texas Department of Transportation; DOCKET NUMBER: 1999-0520-PWS-E; TNRCC ID NUMBER: 2050046; LOCATION: Interstate Highway 37 north of Corpus Christi, San Patricio County, Texas; TYPE OF FACILITY: Public Water System; RULES VIOLATED: §290.106(b)(1), by failing to submit to the Commission repeat bacteriological samples from the Facility for May 1998, §290.105, exceeded the maximum containment level for coliform bacteria; and §290.106(b)(5), by failing to submit to the Commission additional routine bacteriological samples from the Facility for June, 1998; PENALTY: $2,000; STAFF ATTORNEY: Booker Harrison, Litigation Division, MC-175, (512) 239-4113; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(6) COMPANY: Texas Department of Transportation; DOCKET NUMBER: 1998-0748-IHW-E; TNRCC ID NUMBER: 66761; LOCATION: 2709 West Front Street, Tyler, Smith County, Texas; TYPE OF FACILITY: Maintenance Shop; RULES VIOLATED: § 335.4, Unauthorized disposal and discharge of waste characteristically hazardous for ignitability into an unnamed branch of Willow Creek; §355.62 and §262.11, by failing to make a hazardous waste determination on the sludge removed from the washrack sump, §335.10(a)(1) and 40 Code of Federal Regulations §262.20, by failing to prepare a manifest for the transportation of the shipment of hazardous waste removed from the washrack sump, §305.53, by failing to pay fees owed to the TNRCC; §290.36, public health service fees; waterworks operator certification fees; §334.21, underground storage tank fees; §334.128, above ground storage tank fees; §335.323, non-hazardous waste generation fees; PENALTY: $8,500; STAFF ATTORNEY: Booker Harrison, Litigation Division, MC-175, (512) 239-4113; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(7) COMPANY: Texas Department of Transportation; DOCKET NUMBER: 1998-0352-EAQ-E; TNRCC ID NUMBER: 12376; LOCATION: 2727 South Austin Avenue, Georgetown, Williamson County, Texas; TYPE OF FACILITY: Maintenance Facility Construction Site; RULES VIOLATED: §213.4(a); failing to file an Edwards Aquifer Protection Plan for an above-ground hydrocarbon and hazardous substance storage facility and failing to receive TNRCC approval prior to initiating construction on the Edwards Aquifer Recharge Zone; PENALTY: $1,000; STAFF ATTORNEY: Booker Harrison, Litigation Division, MC-175, (512) 239-4113; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(8) COMPANY: Texas Department of Transportation; DOCKET NUMBER: 1999-1518-PST-E; TNRCC ID NUMBER: None; LOCATION: 1430 Joe Battle Boulevard, El Paso, El Paso County, Texas; TYPE OF FACILITY: Gasoline Dispensing Facility; RULES VIOLATED: §115.241 and §382.085(b), by failing to install an approved Stage II vapor recovery system; PENALTY: $5,000; STAFF ATTORNEY: Booker Harrison, Litigation Division, MC-175, (512) 239-4113; REGIONAL OFFICE: 401 E. Franklin Avenue, Suite 560, El Paso, Texas 79901-1206 (915) 834-4949.

TRD-200100265

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: January 16, 2001


Notice of Public Hearing

In accordance with the requirements of Texas Government Code, Chapter 2001, Subchapter B, the Texas Natural Resource Conservation Commission (TNRCC or commission) will conduct a public hearing to receive testimony concerning amendments of 30 TAC Chapter 303.

The proposed revisions would more accurately define two of the reaches in the Rio Grande, limit the conveyance of water rights until all fees are paid, prohibit the transfer of water rights from the Upper Rio Grande to the Lower or Middle Rio Grande below International Amistad Reservoir, and adjust the minimum operating reserve from 150,000 to 75,000 acre-feet.

A public hearing on this proposal will be held in Harlingen on February 23, 2001 at 2:00 p.m. at the commission's regional office located at 1804 West Jefferson Avenue. The hearing will be structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. There will be no open discussion during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the Office of Environmental Policy, Analysis, and Assessment at (512) 239-4900. Requests should be made as far in advance as possible.

Comments may be submitted to Joyce Spencer, MC 205, TNRCC, Office of Environmental Policy, Analysis, and Assessment, P.O. Box 13087, Austin, Texas 78711-3087, or by fax to (512) 239-4808. All comments should reference Rule Log Number 2000-041-303-WT. Comments must be received by 5:00 p.m., February 26, 2001. For further information, please contact Melissa Estes, Policy and Regulations Division, (512) 239-3937.

TRD-200100232

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: January 12, 2001


Notice of Public Hearing

In accordance with the requirements of Texas Government Code, Chapter 2001, Subchapter B, the Texas Natural Resource Conservation Commission (TNRCC or commission) will conduct a public hearing to receive testimony concerning proposed amendments and new sections of 30 TAC Chapter 331.

The proposed revisions implement new requirements recently promulgated in federal rules to prevent injection of fluids that endangers underground sources of drinking water.

A public hearing on this proposal will be held in Austin on February 20, 2001 at 10:00 a.m., in Building F, Room 2210 at the commission's central office located at 12100 Park 35 Circle. The hearing will be structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. There will be no open discussion during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the Office of Environmental Policy, Analysis, and Assessment at (512) 239-4900. Requests should be made as far in advance as possible.

Comments may be submitted to Joyce Spencer, MC 205, Texas Natural Resource Conservation Commission, Office of Environmental Policy, Analysis, and Assessment, P.O. Box 13087, Austin, Texas 78711-3087, or by fax to (512) 239-4808. All comments should reference Rule Log Number 2000-015-331-WT. Comments must be received by 5:00 p.m., March 5, 2001. For further information, please contact Melissa Estes, Policy and Regulations Division, (512) 239-3937.

TRD-200100225

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: January 12, 2001


Notice of Water District Applications

The Texas Natural Resource Conservation Commission (TNRCC) will conduct a hearing on a petition for dissolution of Northeast Medina County Municipal Utility District No. 1 (District) signed by Frost National Bank, Trustee for the City Public Service of San Antonio, Texas, Employees' Pension Trust (Petitioner) joined by Land Systems Company and Martex Corporation (Buyers). 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 21, 2001, Building E, Room 201S, 12100 Park 35 Circle, Austin, Texas. On February 18, 2000, the Texas Natural Resources Conservation Commission (Commission) declared the application administratively complete. The application requests the District be dissolved. On April 27, 1989, the Commission created the District which operates under Texas Water Code Chapters 49 and 54 as a municipal utility district. The petition states the District: (1) has performed none of the functions for which it was created for five consecutive years preceding the date of the petition, (2) is financially dormant, and (3) has no outstanding bonded indebtedness, or assets and liabilities. Certified copies of the Annual Financial Dormancy and Filing Affidavits for the years 1995 through 1999 are on file. An affidavit of 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 Texas Natural Resource Conservation Commission (TNRCC) will conduct a hearing on a petition for dissolution of Northeast Medina County Municipal Utility District No. 2 (District) signed by Frost National Bank, Trustee for the City Public Service of San Antonio, Texas, Employees' Pension Trust (Petitioner) joined by Land Systems Company and Martex Corporation (Buyers). 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 21, 2001, Building E, Room 201S, 12100 Park 35 Circle, Austin, Texas. On February 18, 2000, the Texas Natural Resources Conservation Commission (Commission) declared the application administratively complete. The application requests the District be dissolved. On April 27, 1989, the Commission created the District which operates under Texas Water Code Chapters 49 and 54 as a municipal utility district. The petition states the District: (1) has performed none of the functions for which it was created for five consecutive years preceding the date of the petition, (2) is financially dormant, and (3) has no outstanding bonded indebtedness, or assets and liabilities. Certified copies of the Annual Financial Dormancy and Filing Affidavits for the years 1995 through 1999 are on file. An affidavit of 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 Texas Natural Resource Conservation Commission (TNRCC) will conduct a hearing on a petition for dissolution of Northeast Medina County Municipal Utility District No. 3 (District) signed by Frost National Bank, Trustee for the City Public Service of San Antonio, Texas, Employees' Pension Trust (Petitioner) joined by Land Systems Company and Martex Corporation (Buyers). 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 21, 2001, Building E, Room 201S, 12100 Park 35 Circle, Austin, Texas. On February 18, 2000, the Texas Natural Resources Conservation Commission (Commission) declared the application administratively complete. The application requests the District be dissolved. On April 27, 1989, the Commission created the District which operates under Texas Water Code Chapters 49 and 54 as a municipal utility district. The petition states the District: (1) has performed none of the functions for which it was created for five consecutive years preceding the date of the petition, (2) is financially dormant, and (3) has no outstanding bonded indebtedness, or assets and liabilities. Certified copies of the Annual Financial Dormancy and Filing Affidavits for the years 1995 through 1999 are on file. An affidavit of 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 petition if a written hearing request is filed within 30 days after the newspaper publication of this notice. The TNRCC may approve the petition 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 petitioner and the TNRCC Docket Number; (3) the statement "I/we request a contested case hearing"; and (4) a brief description of how you would be affected by the request in a way uncommon to the general public. You may also submit your proposed adjustments to the petition 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 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, Texas 78711-3087. For information concerning the 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. Persons with disabilities who plan to attend this hearing and who need special accommodations at the hearing should call the Office of Public Assistance at 1- 800-687-4040 or 1-800-RELAY-TX (TDD), at least one week prior to the hearing.

TRD-200100276

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: January 17, 2001


Notice of Water Rights Applications

The LOWER COLORADO RIVER AUTHORITY, applicant, P. O. Box 220, Austin, Texas 78767 seeks a Water Use Permit pursuant to §§11.121 and 11.085 of the Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC §§295.1, et seq. The Lower Colorado River Authority seeks authorization to construct and maintain a dam and reservoir (Lometa Reservoir) 1.25 miles northwest of the City of Lometa on Salt Creek, tributary of the Colorado River, Colorado River Basin, Lampasas County. The dam is approximately 250 feet downstream of an existing dam for the former Lometa reservoir. Applicant plans to replace the existing dam with the dam requested by this application. The reservoir will have a normal maximum operating capacity of 554.6 acre-feet of water with a surface area of 79.55 acres. Station 10+00 on the centerline of the dam will be approximately N 74.34° W, 7109 feet from the southeast corner of the Felix Houston Original Survey, Abstract No. 323, Lampasas County, also being 31.217°N Latitude and 98.218° W Longitude. The applicant seeks authorization to either divert directly from the Colorado River at a maximum diversion rate of 4 cfs (1800 gpm) or to impound inflows from Salt Creek a maximum amount of not to exceed 882 acre-feet of water per annum. The 882 acre-feet of water per annum includes a maximum municipal demand of 476 acre-feet of water per annum and 406 acre-feet of water per annum to off-set evaporative losses from Lometa Reservoir. Water diverted from the Colorado River will be transported approximately 9.6 miles via a 12-inch raw water transmission pipeline to the reservoir for subsequent diversion or to a water treatment plant. The diversion point on the Colorado River will be located 10 miles west of the City of Lometa and immediately downstream of the US Hwy 190 bridge crossing in the Willis Avery Survey, Abstract No. 4, Lampasas County, also being 31.213° N Latitude and 98.566° W Longitude. This application does not request a new appropriation of state water. On August 23, 2000, the LCRA Board of Directors reserved 882 acre-feet of water per annum for the Lampasas County Regional Water System for a thirty year period. This water would otherwise have been stored by LCRA as part of the combined firm yield of Lakes Buchanan and Travis, authorized by LCRA's Certificates of Adjudication Nos. 14-5478, as amended and 14-5482, as amended. The Executive Director would recommend that any permit granted contain a provision requiring permittee to maintain and/or extend said reservation of water or to account for the 882 acre-feet of water from another water supply source. The applicant also seeks authorization to divert an amount not to exceed 476 acre-feet of water per annum from the perimeter of Lometa Reservoir at a maximum rate of 2.3 cfs (1050 gpm) for municipal purposes within the service area of the City of Lometa and the LCRA's Lampasas County Regional Water and Wastewater System in the Colorado and Brazos River Basins. The applicant seeks interbasin transfer authorization for 476 acre-feet of water per annum, pursuant to Section 11.085(v)(4) of the Texas Water Code.

RONALD HUDGINS CALDWELL, P. O. Box 133, Hungerford, Texas 77448, 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. The applicant seeks authorization to divert and use not to exceed 72 acre-feet of water per annum from West Bernard Creek, tributary of the San Bernard River, Brazos-Colorado Coastal Basin for irrigation of 33 acres out of a 47.539 acre-tract in M. Mouldon League 1, Abstract No. 45, Wharton County, approximately 2.4 miles northwest of Hungerford, Texas. Ownership of the land to be irrigated by applicants is evidenced by Deed of Gift recorded in Volume 84, Page 731, in the Official Records of Wharton County, Texas. The water will be diverted from West Bernard Creek at a maximum rate of 0.89 cfs (400 gpm) at a point N 85° W, 2,250 feet from the southeast corner of the M. Mouldon League 1, Abstract No. 45, Wharton County, also being at 29.416° N Latitude and 96.114° W Longitude. Water diverted but not consumed will be returned to West Bernard Creek downstream of the proposed diversion point. The return point is located at a point on the creek that is S 62° W, 1,610 feet from the aforesaid survey corner, also being at 29.413° N Latitude and 96.111° W Longitude. The estimate annual amount of return flow to this point is 16 acre-feet of water. The application was received on October 13, 2000. Additional fees were received on November 16, 2000. The Executive Director reviewed the application and determined it to be administratively complete on November 16, 2000. The Executive Director recommends that public notice of the application be given pursuant to 30 TAC §295.152. Pursuant to 30 TAC §295.153, this notice is being mailed to all water right owners of record in the Brazos-Colorado Coastal Basin.

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, Texas 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.

TORRES READY MIX, INC. has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a temporary water use permit to divert and use 90 acre-feet during a period of one year from Hondo Creek, tributary of the Frio River, tributary of the Nueces River, Nueces River Basin. Water will be diverted from a point in Medina County where CR # 4526 intersects Hondo Creek, approximately 1.4 miles north of Hwy. 90 East and 1.9 miles east of Hondo, Texas, at a maximum diversion rate of 0.67 cubic feet per second (cfs) / 300 gallons per minute (gpm) for sand and gravel washing operations. Should the permit be granted, 10 percent (%) of the water diverted from Hondo Creek may be used consumptively as 90 % of the water diverted must be returned to Hondo Creek. There are three downstream appropriators that may be affected by the granting of the requested permit. These water right holders will receive copies of this notice. The temporary permit, if issued, will be junior in priority to all senior and superior water rights in the Nueces River Basin.

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, by January 29, 2001. 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 by January 29, 2001. The Executive Director may approve the application unless a written request for a contested case hearing is filed. 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/permit 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 in 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, Texas 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-200100277

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: January 17, 2001


Public Hearing Notice

The Texas Natural Resource Conservation Commission (TNRCC) will conduct a public hearing to receive testimony concerning revisions to 30 TAC Chapter 122, Federal Operating Permits under the requirements of Texas Health and Safety Code, §382.017 and Texas Government Code, Chapter 2001, Subchapter B.

These proposed revisions to Chapter 122 address deficiencies, as identified by the United States Environmental Protection Agency (EPA), in the commission's Federal Operating Permit program required by the 1990 Federal Clean Air Act Amendment, Title V and 40 Code of Federal Regulations, Part 70. The commission is required to submit to the EPA, by June 1, 2001, a revised program that addresses the deficiencies.

A public hearing on this proposal will be held in Austin on February 20 at 2:00 p.m. at the TNRCC Complex in Building F, Room 2210, located at 12100 Park 35 Circle. The hearing will be structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. There will be no open discussion during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the Office of Environmental Policy, Analysis, and Assessment at (512) 239-4900. Requests should be made as far in advance as possible.

Comments may be submitted to Patricia Durón, MC 205, Office of Environmental Policy, Analysis, and Assessment, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087, or by fax to (512) 239-4808. All comments should reference Rule Log Number 2000-043-122-AI. Comments must be received by 5:00 p.m., February 26, 2001. For further information, please contact Beecher Cameron, Policy and Regulations Division, (512) 239-1495.

TRD-200100331

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: January 17, 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, the TNRCC hereby gives notice of a facility or area that the executive director has determined eligible for listing, and which the executive director proposes to list on the state registry. By this publication, the TNRCC also gives notice pursuant to the Act, §361.1855, that it proposes a land use other than residential as appropriate for the area identified below. The TNRCC proposes a commercial/industrial land use designation. Determination of future land use will impact the remedial investigation and remedial action for the site.

This 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 will be published on January 26, 2001 in the San Marcos Daily Record .

The facility proposed for listing is the State Highway 123 PCE Plume, previously known as the San Marcos PCE Plume. Other names for PCE include perchloroethylene, tetrachloroethene, and tetrachloroethylene. PCE is a manufactured chemical that is widely used for dry cleaning of fabrics and for metal degreasing.

The State Highway 123 PCE Plume is a contaminated groundwater plume from an unknown source near the intersection of State Highway 123 and Interstate Highway 35 (IH-35) in San Marcos, Hays County, Texas. The ground water plume has been documented to extend from the intersection of State Highway 123 and the IH-35 access road toward Willow Springs Creek. The groundwater emerges through springs that flow into Willow Springs Creek, which is a tributary of the San Marcos River. The creek flows into the river east of IH-35. The springs are located on privately-owned land, currently used for grazing cattle. The access to the springs is fenced and locked. The surrounding land use includes agricultural, recreational, residential and commercial.

During 1993, the Texas Water Commission, predecessor agency of the TNRCC, conducted a groundwater investigation in conjunction with the installation of a new 36-inch wastewater main by the City of San Marcos in the vicinity of IH-35 and Highway 123. The results of the sampling event documented the presence of volatile organic compounds (VOCs) including chlorinated solvents.

In 1997, a United States Environmental Protection Agency (EPA) Screening Site Inspection was conducted by the TNRCC during which groundwater and sediment samples were taken. The analytical results showed the presence of 1,2-dichloroethene and tetrachloroethene. The EPA Region 6 Office issued a Superfund Site Strategy Recommendation of "No Further Remedial Action Planned" due to the lack of drinking water targets in the area and referred the site to the TNRCC.

During May 2000, additional sampling was conducted by the TNRCC. The analytical results from two surface water samples taken near the springs showed detectable levels of cis-1,2 dichloroethene, tetrachloroethene, and trichloroethene.

The closest surface water intake provides water for the A.E. Wood Fish Hatchery, a Texas Parks and Wildlife facility located approximately 0.5 mile from the entry point of Willow Springs Creek into the San Marcos River.

A public meeting will be held on February 27, 2001, at 6:30 p.m. at San Marcos Public Library, 625 East Hopkins, San Marcos, Texas. The purpose of this meeting is to obtain additional information regarding the site relative to its eligibility for listing on the state registry, identify potentially responsible parties, and obtain public input and information regarding the appropriate use of land on which the 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. Luda Voskov, Superfund Cleanup Section, Remediation Division, MC-143, P. O. Box 13087, Austin, Texas 78711-3087, (512) 239-6368. All comments must be received by the commission on or before the close of the public meeting on February 27, 2001.

The executive director of the TNRCC prepared a brief summary of the commission's records regarding this site. This summary and a portion of the records for this site, including documents pertinent to the executive director's determination of eligibility, are available for review at the San Marcos Public Library, 625 East Hopkins, San Marcos, Texas, during the library's regular business hours.

Copies of the complete public record file may be obtained during regular business hours at the TNRCC Records Management Center, Building D, Room 190, 12100 Park 35 Circle, Austin, Texas 78753; telephone numbers (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 Building D, convenient to access ramps that are between Buildings D and E.

TRD-200100330

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: January 17, 2001


Public Utility Commission of Texas

Correction of Error

The Public Utility Commission of Texas adopted an amendment to 16 TAC §25.211, relating to Interconnection on On-Site Distributed Generation (DG), published in the January 5, 2001 Texas Register (26 TexReg 93).

With the exception of the first sentence in the preamble, the section number "§25.211" is misprinted with the "211" omitted. This error occurred throughout the preamble and in the Section heading to the rule:

Page 96, second column, sixth paragraph;

Page 97, second column, third paragraph;

Page 100, second column, last paragraph;

Page 101, first column, second paragraph;

Page 102, second column, first and third paragraphs;

Page 103, section heading of the rule.

TRD-200100339


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 10, 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 AES NewEnergy, Inc. for Retail Electric Provider (REP) certification, Docket Number 23542 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 February 2, 2001. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200100228

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 12, 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 of an application on January 11, 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 Enviro Systems Control Corporation for Retail Electric Provider (REP) certification, Docket Number 23546 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, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512)936-7120 no later than February 2, 2001. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200100262

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 16, 2001


Notice of Application for Exemption from P.U.C. Substantive Rule §26.25

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 exemption from the requirements of P.U.C. Substantive Rule §26.25, Issuance and Format of Bills.

Docket Title and Number: Application of EagleNet, Inc. for Exemption From P.U.C. Substantive Rule §26.25. Docket Number 23517.

The Application: EagleNet, Inc. (EagleNet) is a telecommunications utility serving approximately 47 customers in Texas out of 4,957 total customers. EagleNet maintains its principal business office and all of its central offices in Oklahoma. Approval of this application would affect EagleNet's Texas business and residential customers located in the Guymon exchange in the Texas county of Hansford. EagleNet asserts that it is in compliance with comparable rules of the Oklahoma Corporation Commission and with the Federal Communications Commission's Truth-in-Billing and Billing Format requirements, and is seeking exemption from P.U.C. Substantive Rule §26.25 pursuant to P.U.C. Substantive Rule §26.3, and the reciprocity provision in P.U.C. Procedural Rule §22.263(d).

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 23517.

TRD-200100226

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 12, 2001


Notice of Application for Exemption from P.U.C. Substantive Rule §26.25

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 exemption from the requirements of P.U.C. Substantive Rule §26.25, Issuance and Format of Bills.

Docket Title and Number: Application of Panhandle Telephone Cooperative, Inc. for Exemption From P.U.C. Substantive Rule §26.25. Docket Number 23518.

The Application: Panhandle Telephone Cooperative, Inc. (Panhandle) is a telecommunications utility serving approximately 206 customers in Texas out of 8,322 total customers. Panhandle maintains its principal business office and all of its central offices in Oklahoma. This application will affect Panhandle's Texas business and residential customers located in the Hardesty and Texhoma exchanges in the Texas counties of Hansford and Sherman. Panhandle asserts that it is in compliance with comparable rules of the Oklahoma Corporation Commission and with the Federal Communications Commission's Truth-in-Billing and Billing Format requirements, and is seeking exemption from P.U.C. Substantive Rule §26.25 pursuant to P.U.C. Substantive Rule §26.3, and the reciprocity provision in P.U.C. Procedural Rule §22.263(d).

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 23518.

TRD-200100227

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 12, 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 8, 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 Tri-Tel Services for a Service Provider Certificate of Operating Authority, Docket Number 23532 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, ADSL, ISDN, HDSL, T1-Private Line, Switch 56 KBPS, Fractional T1, long distance, and wireless services.

Applicant's requested SPCOA geographic area includes the area of Texas comprising the Galveston, Houston, Friendswood, Kemah, Texas City, Bacliff, Clearlake, Conroe, Freeport, Lake Jackson, Angleton, Alvin, and Pearland exchanges.

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 31, 2001. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200100188

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 10, 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 of an application on January 11, 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 NewSouth Communications Corp., doing business as NS Communications Corp. for a Service Provider Certificate of Operating Authority, Docket Number 23544 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, ADSL, ISDN, HDSL, SDSL, RADSL, VDSL, 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 of Texas currently serviced by Southwestern Bell Telephone Company and Verizon Southwest.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512)936-7120 no later than January 31, 2001. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200100261

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 16, 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 of an application on January 12, 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 Domino Networks Communications, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 23549 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, ADSL, ISDN, HDSL, SDSL, RADSL, VDSL, Optical Services, T1-Private Line, Switch 56 KBPS, Frame Relay, Fractional T1, and long distance services to business customers.

Applicant's requested SPCOA geographic area includes the area of Texas currently served by Southwestern Bell Telephone Company and Verizon Southwest.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512)936-7120 no later than January 31, 2001. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200100263

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 16, 2001


Notice of Application Pursuant to P.U.C. Substantive Rule §26.208

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on January 10, 2001, pursuant to P.U.C. Substantive Rule §26.208 to remove tariff pages from its IntraLATA Interchange Services Tariff.

Tariff Title and Number: Application of Verizon Southwest Communications to Remove MMDS from the IntraLATA Interchange Services Tariff, Pursuant to P.U.C. Substantive Rule §26.208. Tariff Number 23543.

The Application: The purpose for withdrawing this service from the tariff is due to the small number of subscribers and most importantly to the vendor's non-support/discontinuation of certain parts for the service.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. Please reference Tariff Number 23543.

TRD-200100271

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 16, 2001


Notice of Application to Amend Certificate of Convenience and Necessity

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on January 4, 2001, to amend a certificate of convenience and necessity pursuant to the Public Utility Commission Substantive Rule §26.101(b)(4). A summary of the application follows.

Docket Style and Number: Application to Amend Certificate of Convenience for Central Telephone Company of Texas doing business as Sprint. Docket Number 23514.

The Application: The amendment will allow customers of a new subdivision to be served by a single exchange company, Sprint. Exchanges involved include Sprint's Florence exchange and Verizon's Jarrell exchange. The purpose of the amendment will slightly reconfigure Sprint/Verizon's existing boundary in order to efficiently service a new subdivision using one local carrier, instead of splitting the subdivision unequally between two carriers. Because the subdivision is currently under construction, no customers exist today. Therefore, there is no impact to customers, no change to calling scope and no change to exchange rates. Verizon concurs with Sprint's application and is the only other utility affected by this application.

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.

TRD-200100207

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 11, 2001


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

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

Docket Title and Number. Verizon Southwest's Application for Approval of LRIC Study for Operator Referral Service Pursuant to P.U.C. Substantive Rule §26.215 on or after December 6, 2000, Docket Number 23383.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 23383. Written comments or recommendations should be filed no later than 45 days after the date of sufficiency and should be filed at the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200100250

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 12, 2001


Public Notice of Interconnection Agreement

On January 8, 2001, Preferred Carrier Services, Inc. doing business as Phones For All and Verizon Southwest, 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 23534. 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 23534. 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 6, 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 23534.

TRD-200100189

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 10, 2001


Public Notice of Interconnection Agreement

On January 8, 2001, TXU Communications and Verizon Southwest, 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 23535. 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 23535. 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 6, 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 23535.

TRD-200100190

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 10, 2001


Public Notice of Interconnection Agreement

On January 8, 2001, Matrix DataComm doing business as MXD and Verizon Southwest, 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 23536. 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 23536. 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 6, 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 23536.

TRD-200100191

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 10, 2001


Public Notice of Interconnection Agreement

On January 9, 2001, United Telephone Company of Texas, Inc., doing business as Sprint, Central Telephone Company of Texas doing business as Sprint (collectively, Sprint), and State Discount Telephone, LLC, 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 23541. 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 23541. 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 7, 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 23541.

TRD-200100253

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 12, 2001


Public Notice of Interconnection Agreement

On January 9, 2001, United Telephone Company of Texas, Inc., doing business as Sprint, Central Telephone Company of Texas doing business as Sprint (collectively, Sprint), and KMC Telecom V, 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 23540. 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 23540. 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 7, 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 23540.

TRD-200100252

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 12, 2001


Stephen F. Austin State University

Notice of Consultant Contract Award

In compliance with the provisions of Chapter 2254, Subchapter B, Texas Government Code, Stephen F. Austin State University furnishes this notice of consultant contract award. The consultant will conduct a comprehensive search for an individual to fill the position of University President. The Request for Proposals was filed in the November 17, 2000, issue of the Texas Register , Volume 25 Number 46 TexReg Pages 11341-11604.

The contract was awarded to A. T. Kearney, 333 John Carlyle Street, Alexandria, Virginia 22314, for an estimated value of $60,000.00 plus expenses for the duration of the contract.

The beginning date of the contract is January 11, 2001 and the contract will end upon employment of a University President.

No documents, films, recording, or reports of intangible results will be required to be presented by the outside consultant. Services are provided on an as-needed basis.

For further information, please call (936) 468-4305.

TRD-200100259

R. Yvette Clark

General Counsel

Stephen F. Austin State University

Filed: January 16, 2001